China Human Rights Briefing May 4-10, 2009
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Reporting human rights development from the grassroots
May 4-10, 2009
HIGHLIGHTS
- With the one-year anniversary of the Sichuan earthquake approaching, government pressure on activists remains high. CHRD learned this week that Tan Zuoren (谭作人), an environmentalist and writer who was detained on March 28 for mobilizing volunteers to conduct an independent investigation of the causes of the collapsed school buildings during the May 2008 Sichuan Earthquake, had been formally arrested on the charge of “inciting subversion of state power’.
- CHRD issued a statement on the situation in Sichuan one year after the earthquake, chronicling harassment of activists and efforts by the government to prevent discussion and independent investigation of the number of schoolchildren killed in the quake as well as questions about construction quality of the schools that collapsed last May. While the government reiterated its claim that shoddy construction was not the cause of school collapses and released the first official number of student casualties in a press conference on May 7, officials have yet to disclose the evidence backing up their statements. No official report has yet been issued on the quality of construction of schools in the earthquake zone.
- In two separate incidents this week, Zhejiang Province resident Zhang Mingsheng (张明生) and Zhong Peihua (钟培华), of Hunan Province, died after being beaten for resisting forced evictions and demolitions.
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Contents
One Year after Earthquake, Silence Imposed on Schoolchildren Deaths, Activists Harassed. 3
Verdict Upheld in Closed Appeals Trial for Olympics Protestor Ji Sizun. 3
Hunan Activist Kept under Guard for Exposing Pollution. 3
Chengdu Democratic Activist Summoned for “Tea”, Learns of Tan Zuoren’s Arrest. 3
Shenzhen Activist Detained 15 Days for Organizing Government Oversight Group. 4
Agency Threatened for Aiding Elections Expert Yao Lifa, Warns of Surveillance. 4
Author Prevented from Leaving the Country after Publishing Book on Earthquake. 4
Villagers Beaten by Construction Workers for Resisting Forced Land Appropriation. 5
Zhejiang Villager Dies after Attack during Forced Demolition. 5
One Dies in Attack as Villagers Resist Land Appropriation in Hunan. 5
Torture and other Cruel and Inhuman Treatment. 5
Guilin Woman Dies at PSB Station after Summons. 5
Detained Chongqing Villager Hospitalized after Being Tackled by Armed Police. 6
Shanghai Petitioners Detained, Forcibly Returned for Planning to Demonstrate. 6
Petitioners Beaten, Briefly Detained for Protesting Outside Detention Center. 6
Police Disrupt Peaceful Petition in Xian, Briefly Seize Petitioner. 7
Lawyers and Scholars Publish Journal Dedicated to Household Registry Reform.. 7
Procuratorate Revises Reporting Guidelines for the First Time since 1996. 7
SARFT Announces New Restrictions on TV Shows and Movies Online. 8
CHRD Statements
One Year after Earthquake, Silence Imposed on Schoolchildren Deaths, Activists Harassed
As the first anniversary of the devastating May 12 Sichuan Earthquake approaches, parents of children who died buried under collapsed schools have found little solace as officials continue to obstruct efforts to review the causes and consequences of the tragedy. The government has actively prevented individuals from performing independent investigations and suppressed efforts by families to take legal actions by detaining and intimidating individuals who attempt to do so. CHRD’s review of activists harassed or detained by the government and commentary on the state of government actions in the wake of the earthquake is available here.
Chinese Government, Having Failed to Honor its Previous Commitments, Has Disqualified Itself for UN Human Rights Council
On May 12, 2009, China was re-elected to the UN Human Rights Council. On May 9, CHRD issued a statement arguing that, based on its human rights record since it was first elected in 2006, China is unfit to serve on the Human Rights Council. CHRD urged member states to vote based on China’s record, rather than on the government’s empty promises. For the complete statement, please see here.
Persecution of Activists
Verdict Upheld in Closed Appeals Trial for Olympics Protestor Ji Sizun
On May 4, Fuzhou City, Fujian Province Intermediate Court upheld the sentence of Fujian activist Ji Sizun (纪斯尊) in a closed trial. Ji, who was detained on August 11, 2008, after he applied to protest in one of the “Protest Zones” set up by the government during the Beijing Olympics, was sentenced to three years in prison for “forging documents and seals of national agencies” by Taijiang District Court in Fuzhou on January 7. (CHRD)[i]
Hunan Activist Kept under Guard for Exposing Pollution
On May 7, CHRD learned of the case of Tang Zhirong (唐智荣), an environmental activist in Xiadeng Village, Shuangpai County, Yongzhou City, Hunan Province, who is now under residential surveillance for petitioning about pollution in his hometown. According to Tang, who was diagnosed with cancer in 2002, he is currently guarded by more than 30 individuals sent by the local government, who have prevented him from leaving Shuangpai County. Previously, Tang served a year and a half in prison for petitioning about pollution from the Suanjie aluminum plant in Shuangpai County, which has allegedly caused serious damage to the local agriculture as well as a high rate of cancer among villagers. Tang was released on December 12, 2008. (CHRD)[ii]
Chengdu Democratic Activist Summoned for “Tea”, Learns of Tan Zuoren’s Arrest
Around 10 in the morning on May 8, two officers from the National Security Unit under the Chengdu Public Security Bureau (PSB) met with Chengdu activist Chen Yunfei (陈云飞) for “tea” in a Xindu District teahouse. The National Security officers would not reveal the purpose behind the meeting. While discussing investigations into the deaths of schoolchildren during the May 12 earthquake, the officers mentioned that Tan Zuoren (谭作人), an environmentalist and writer who was detained on March 28 for mobilizing volunteers to conduct an independent investigation of the causes of the collapsed school buildings during the May 2008 Sichuan Earthquake, had been formally arrested a few days earlier on the charge of “inciting subversion of state power’.
Two weeks ago, on April 20, Chen was summoned by National Security Officers, who never showed up. The source of the authorities’ interest in Chen remains unknown. In 2007, Chen served six months of residential surveillance at home for placing an advertisement to commemorate those killed in the 1989 Tiananmen crackdown in the Chengdu Evening News in June. (CHRD)[iii]
Shenzhen Activist Detained 15 Days for Organizing Government Oversight Group
On May 9, Shenzhen democratic activist and organizer of the Citizens’ Association for Government Oversight (公民监政会) Guo Yongfeng (郭永丰) was released after 15 days of detention for “illegally engaging in social organization activities”. Guo was summoned on April 23, and detained after being interrogated for an entire day. The “illegal activities” Guo took part in were preparing materials and meeting with business and political leaders to discuss with them plans for the Citizens’ Association for Government Oversight. He is reportedly in poor health after going on a hunger strike while in detention. (CHRD)[iv]
Agency Threatened for Aiding Elections Expert Yao Lifa, Warns of Surveillance
On May 6, Qianjiang City, Hubei Province village elections activist Yao Lifa (姚立法) received a phone call from a typing agency that had been assisting him recently, warning Yao to be extra vigilant and watch out for potential threats to his well-being as he was being followed. The agency reported receiving a threat from an unidentified individual who promised dire consequences if they continued to assist Yao prepare or mail articles. Yao noted that, as June 4 approaches, he has been cognizant of increased surveillance and often feels as though he is being followed. (CHRD)[v]
Freedom of Expression
Author Prevented from Leaving the Country after Publishing Book on Earthquake
CHRD learned on May 6 that Sichuan author Liao Yiwu (廖亦武) has been prevented from leaving the country by border control authorities in Yunnan Province. Liao, whose work “A Record of the Earthquake” (大地震记事) was recently published in Taiwan, sought to travel to Australia via Vietnam at the end of April to accept a prize from an Australian foundation. Liao is a well-known author whose works have been published internationally, and he has previously been prevented from leaving the country on numerous occasions and filed administrative suits seeking an explanation, with no result. (CHRD)[vi]
Housing Rights
Villagers Beaten by Construction Workers for Resisting Forced Land Appropriation
On May 4, dozens of villagers from Rongli Village, Ronggui Neighborhood, Foshan City, Guangdong Province were injured, some seriously, after they were allegedly beaten by construction workers from the China Railway Group Ltd. The villagers, upset about not being compensated for land taken by the state for highway construction in 2007, have protested and petitioned local authorities on numerous occasions without any result. According to villagers, on May 4, a group of nearly 400 citizens were on their way to petition at the neighborhood committee office when they were beaten by the construction workers. Witnesses report that the police, who took longer than an hour to respond to calls for help, did nothing to stop the violence. (CHRD)[vii]
Zhejiang Villager Dies after Attack during Forced Demolition
On May 4, Tantaiqiao Village, Xinhe Town, Wenling City, Zhejiang Province resident Zhang Mingsheng (张明生) died after being beaten while resisting the forced demolition of his home without appropriate compensation. According to Zhang’s nephew Zhang Guofu (张国付), his uncle was joined by a group of more than 10 villagers in standing up to between to 10 and 20 hired thugs when they were attacked around 2 pm, and Zhang was struck a number of times on the chest and other parts of his body. Zhang reported chest pains and was rushed to Wenling Number One Hospital, where he died around 3 pm. Three other villagers were hospitalized in the attack, and police have detained a number of suspects but it is unclear whether charges would be pressed against them. (CRLW)[viii]
One Dies in Attack as Villagers Resist Land Appropriation in Hunan
At 9 in the morning on May 5, dozens were injured and one villager was killed after being beaten for resisting land appropriation in Liling City, Hunan Province. The dispute stemmed from government plans in 2008 to build a sports complex on land in Mayuan Group, Hexi Village, Liling City, which villagers refused to agree to because they felt the compensation being offered was too low. On May 5, dozens of workers claiming to be from the sports complex construction company, accompanied by three construction vehicles, entered the village and began plowing over the villagers’ crops on the disputed land. When the villagers resisted, the workers attacked them, injuring at least 20. Fifty-eight year-old Zhong Peihua (钟培华) was beaten to death by five men after confronting them about the violence. While the official word from local officials was that they were investigating the incident, the reality was that villagers carried the body of their deceased neighbor to the city government offices to petition, where they were met by more than a thousand riot police dispatched to keep the villagers under control. (CHRD)[ix]
Torture and other Cruel and Inhuman Treatment
Guilin Woman Dies at PSB Station after Summons
On May 4 CHRD learned of the case of Wang Feng (王凤), a citizen of Ziyuan County, Guilin City, Guangxi Autonomous Region who died after she was allegedly tortured at a Ziyuan County police station on February 27. According to Wang’s husband, Wang was summoned by the Ziyuan County PSB for questioning about an assault on the afternoon of February 26 and interrogated until 8:50 in the morning on February 27. However, she returned to the police station shortly afterwards, at 11:15 AM, and according to police records, was only there for half an hour before she fell to her death from the building at 11:45 AM.
According to the witnesses who saw Wang’s body before it was taken away by police, her wrists showed signs of having been bound, her knees and thighs were bruised, her face battered and her pants torn. Those who spoke with Wang the morning of her death reported that she spoke of being beaten and sexually abused by police. The authorities dispatched riot police to disperse the crowds that had gathered outside of the PSB station on the afternoon of the 27th before declaring Wang’s death to be “a suicide”. A team of “experts” sent jointly be the Guangxi PSB and the Guangxi Procuratorate to perform a second autopsy on March 31 came to the same conclusion. Wang’s family has repeatedly requested the local police to place Wang’s case on file for investigation and prosecution, but the police refused. Since March, Wang’s husband has been petitioning for justice for his wife and an impartial investigation into the circumstances surrounding her death. (CHRD)[x]
Detained Chongqing Villager Hospitalized after Being Tackled by Armed Police
Yan Hegang (严和刚), who along with Xie Dinghui (谢定辉) was criminally detained on April 22 for protesting with residents of Houba Town, Kai County, Chongqing about inadequate compensation being offered to citizens forced to move ahead of flooding caused by the Three Gorges Dam, was transferred to Chongqing’s Xinan Hospital for treatment on May 7. According Yan’s family, Yan suffered a concussion after being tackled by five armed police who were breaking up the protest on April 22. The family states that Yan is in very poor health and calls for Yan to be released from detention immediately. (CRLW)[xi]
Persecution of Petitioners
Shanghai Petitioners Detained, Forcibly Returned for Planning to Demonstrate
A group of nearly 200 petitioners from Shanghai who had planned to apply to demonstrate in Beijing were detained and forcibly returned to Shanghai by May 6. At least five petitioners were detained by local police after returning to Shanghai. The petitioners had hoped to apply to demonstrate on May 3 to protest Beijing University Professor Sun Dongdong’s (孙东东) claim earlier this year that “99% of petitioners suffer from mental illness”. The first group of Shanghai petitioners arrived in Beijing on April 28, and were intercepted at various locations by Beijing police and interceptors from Shanghai and taken to Ma Jia Lou, a centralized black jail, before being taken to the Ministry of Civil Affairs Relief Station, another black jail, by officials from the Beijing Liaison Office of the Shanghai Municipal Government. (CHRD)[xii]
Petitioners Beaten, Briefly Detained for Protesting Outside Detention Center
On the afternoon of May 8, a group of 40 Shanghai petitioners gathered outside Pudong District Detention Center to protest the unjust detention of petitioners He Lumei (何陆妹) and Zhang Ying (张英). After an hour of protesting, the group was violently forced into waiting police vehicles by plainclothes officers. A number of petitioners sustained injuries as they were kicked, struck, and roughly handled by the authorities. Seventeen petitioners were ultimately seized by police, while the rest were able to escape. Fourteen of the petitioners were driven to the outskirts of Shanghai before being thrown out of the car, while the other three were taken to the Shuishang PSB station where officers threatened to detain all of the petitioners if they protested again. They were then released. (CHRD)[xiii]
Police Disrupt Peaceful Petition in Xian, Briefly Seize Petitioner
On the morning of May 4, a group of more than 80 villagers from Zhongbaozi Village, Lianhu District, Xian City gathered outside the Xian Municipal Government offices to petition, blocking the main entrance and demanding officials address their complaints stemming from a land seizure in 1992. Five or six police officers arrived on the scene and seized Shi Xiuyun (石秀云), forcing her into a waiting police vehicle. The other petitioners quickly surrounded the car and were able to secure Shi’s release after negotiating with police. The villagers, who lost their land in 1992 when a coal gas plant was built in their village, are petitioning because local officials failed to provide them with jobs and compensation when they were forced to relocate from the countryside into the city. (CHRD)[xiv]
Citizens’ Actions
Lawyers and Scholars Publish Journal Dedicated to Household Registry Reform
On May 5, a group of lawyers and academics including Li Fangping (李方平) and Hu Xingdou (胡星斗) launched “Household Registry Watch (户籍观察)”, a new publication devoted to exploring avenues for reforming China’s household registry (hukou) system. “Household Registry Watch”, a free, non-profit, bimonthly publication, is the first of its kind in China, and will be made available on Public Interest Law Online (公益法律人), http://www.gyflr.org. (CHRD)[xv]
Law and Policy Watch
Procuratorate Revises Reporting Guidelines for the First Time since 1996
Legal Daily reported on May 6 that the “People’s Procuratorate Report Working Regulations” (人民检察院举报工作规定), promulgated in 1996, have been revised for the first time in 13 years. The new regulations establish online and fax channels for citizens to report violations, and stipulate that retaliating against citizens who file reports with the procuratorate is a crime. Procuratorates at all levels are instructed to publicize the various methods by which citizens can contact them with tips and reports of illegal activities or abuse. According to reports, national procuratorial organs received close to one million reports between 2003 and 2008, and nearly 70% of cases investigated and handled by the procuratorate came from citizens’ reports.
Critics complain that the new regulations still address only the symptoms of corruption and illegal activity by officials, and that what is truly needed is a preventative system, rather than one designed to deal with abuses after they have occurred. It is also doubtful that the amended Regulations would deter retaliation against informants because a number of deep-rooted problems, such as the lack of an
[i] “Sentence of Fujian Activist Ji Sizun Upheld in Closed Appeals Trial (福建维权人士纪斯尊二审在不开庭情况下维持原判)”, May 4, 2009, https://www.nchrd.org/Article/Class53/200905/20090504200328_15250.html
[ii]“Disabled Convalescing Veteran Jailed for Reporting on Pollution, Life Currently in Danger (残疾复原军人举报污染被判刑，现生命面临威胁)”, May 7, 2009, https://www.nchrd.org/Article/Class53/200905/20090507164647_15297.html
[iii] “Chen Yunfei Called for ‘Tea’ with National Security Officers; Tan Zuoren Formally Arrested (陈云飞被国保约喝茶 谭作人证实已被逮捕)”, May 8, 2009, https://www.nchrd.org/Article/Class53/200905/20090508231002_15319.html (see also https://www.nchrd.org/Article/Class53/200905/20090509174815_15329.html)
[iv] “Citizens’ Association for Government Oversight Planner Guo Yongfeng Released after 15 Days of Detention (中国公民监证会筹备人郭永丰被拘留15天后获释)”, May 9, 2009, https://www.nchrd.org/Article/Class53/200905/20090509213810_15331.html
[v] “6.4 Approaches, Qianjiang Authorities Increase Surveillance of Yao Lifa (六四临近 潜江市当局加紧监控姚立法先生)”, May 6, 2009, https://www.nchrd.org/Article/Class2/200905/20090506205020_15282.html
[vi] “Author Liao Yiwu Again Prevented from leaving the Country (作家廖亦武再次被禁止出境)”, May 6, 2009, https://www.nchrd.org/Article/Class53/200905/20090506213748_15284.html
[vii] “Serious Violent Incident in Foshan City, Guangdong Province (广东省佛山市农村发生重大伤人事件)”, May 4, 2009, https://www.nchrd.org/Article/Class53/200905/20090504200346_15251.html
[viii] “Tantaiqiao Village, Xinhe, Zhejiang ‘Criminal’ Violence Leads to Death of One (浙江温岭坦太桥村”黑社会”暴力征地致死一人)”, May 4, 2009, https://www.nchrd.org/Article/Class53/200905/20090504235940_15260.html
[ix] “Murder Case in Liling, Hunan Land Dispute; Villagers and Police Confront Each Other in City Government 湖南醴陵爆发征地血案 警察与村民对峙市政府
https://www.nchrd.org/Article/Class53/200905/20090507172542_15299.html
[x] “Ziyuan County, Guilin PSB ‘Eluding the Cat’ Case (桂林市资源县公安局中的 “躲猫猫事件”)”, May 4, 2009, https://www.nchrd.org/Article/Class53/200905/20090504214117_15255.html
[xi] “Detained Chongqing Immigrant Yan Hegang Hospitalized with Serious Illness; Pan Xiang Forced to Take Medecine in Psychiatric Institution (重庆被刑拘移民严和刚病重送医 潘翔精神病院内被强制吃药)”, May 9, 2009, https://www.nchrd.org/Article/Class53/200905/20090509004619_15322.html
[xii] “Shanghai Detains a Group of Petitioners Seeking to Travel to Beijing to Apply to Demonstrate (上海拘留一批欲到北京申请游行的访民)”, May 7, 2009, https://www.nchrd.org/Article/Class53/200905/20090507222911_15304.html
[xiii] “Shanghai Petitioners Detained, Beaten for Protesting outside Detention Center, Central Letters and Visits Office Reception Room Submissively Allows Rights to Be Denied to Visitors (上海访民到看守所喊冤遭抓殴，中央信访接待室拱手让权不容否认!),” May 10, 2009, https://www.nchrd.org/Article/fmzj/200905/20090510084138_15337.html
[xiv] “Zhongbaozi Village, Xian Villagers Live 15 Years without Result (西安中堡子村民十五年生活无着落)”, May 4, 2009, https://www.nchrd.org/Article/fmzj/200905/20090504203931_15253.html
[xv] “Publication Dedicated to Following Household Registry System Reform- ‘Household Registry Watch- Launches (中国关注户籍制度改革的刊物–《户籍观察》面世)”, May 5, 2009, https://www.nchrd.org/Article/Class71/200905/20090505220647_15265.html
[1] “Sentence of Fujian Activist Ji Sizun Upheld in Closed Appeals Trial (福建维权人士纪斯尊二审在不开庭情况下维持原判)”, May 4, 2009, https://www.nchrd.org/Article/Class53/200905/20090504200328_15250.html
[1]”Disabled Convalescing Veteran Jailed for Reporting on Pollution, Life Currently in Danger (残疾复原军人举报污染被判刑，现生命面临威胁)”, May 7, 2009, https://www.nchrd.org/Article/Class53/200905/20090507164647_15297.html
[1] “Chen Yunfei Called for ‘Tea’ with National Security Officers; Tan Zuoren Formally Arrested (陈云飞被国保约喝茶 谭作人证实已被逮捕)”, May 8, 2009, https://www.nchrd.org/Article/Class53/200905/20090508231002_15319.html (see also https://www.nchrd.org/Article/Class53/200905/20090509174815_15329.html)
[1] “Citizens’ Association for Government Oversight Planner Guo Yongfeng Released after 15 Days of Detention (中国公民监证会筹备人郭永丰被拘留15天后获释)”, May 9, 2009, https://www.nchrd.org/Article/Class53/200905/20090509213810_15331.html
[1] “6.4 Approaches, Qianjiang Authorities Increase Surveillance of Yao Lifa (六四临近 潜江市当局加紧监控姚立法先生)”, May 6, 2009, https://www.nchrd.org/Article/Class2/200905/20090506205020_15282.html
[1] “Author Liao Yiwu Again Prevented from leaving the Country (作家廖亦武再次被禁止出境)”, May 6, 2009, https://www.nchrd.org/Article/Class53/200905/20090506213748_15284.html
[1] “Serious Violent Incident in Foshan City, Guangdong Province (广东省佛山市农村发生重大伤人事件)”, May 4, 2009, https://www.nchrd.org/Article/Class53/200905/20090504200346_15251.html
[1] “Tantaiqiao Village, Xinhe, Zhejiang ‘Criminal’ Violence Leads to Death of One (浙江温岭坦太桥村”黑社会”暴力征地致死一人)”, May 4, 2009, https://www.nchrd.org/Article/Class53/200905/20090504235940_15260.html
[1] “Murder Case in Liling, Hunan Land Dispute; Villagers and Police Confront Each Other in City Government 湖南醴陵爆发征地血案 警察与村民对峙市政府
https://www.nchrd.org/Article/Class53/200905/20090507172542_15299.html
[1] “Ziyuan County, Guilin PSB ‘Eluding the Cat’ Case (桂林市资源县公安局中的 “躲猫猫事件”)”, May 4, 2009, https://www.nchrd.org/Article/Class53/200905/20090504214117_15255.html
[1] “Detained Chongqing Immigrant Yan Hegang Hospitalized with Serious Illness; Pan Xiang Forced to Take Medecine in Psychiatric Institution (重庆被刑拘移民严和刚病重送医 潘翔精神病院内被强制吃药)”, May 9, 2009, https://www.nchrd.org/Article/Class53/200905/20090509004619_15322.html
[1] “Shanghai Detains a Group of Petitioners Seeking to Travel to Beijing to Apply to Demonstrate (上海拘留一批欲到北京申请游行的访民)”, May 7, 2009, https://www.nchrd.org/Article/Class53/200905/20090507222911_15304.html
[1] “Shanghai Petitioners Detained, Beaten for Protesting outside Detention Center, Central Letters and Visits Office Reception Room Submissively Allows Rights to Be Denied to Visitors (上海访民到看守所喊冤遭抓殴，中央信访接待室拱手让权不容否认!),” May 10, 2009, https://www.nchrd.org/Article/fmzj/200905/20090510084138_15337.html
[1] “Zhongbaozi Village, Xian Villagers Live 15 Years without Result (西安中堡子村民十五年生活无着落)”, May 4, 2009, https://www.nchrd.org/Article/fmzj/200905/20090504203931_15253.html
[1] “Publication Dedicated to Following Household Registry System Reform- ‘Household Registry Watch- Launches (中国关注户籍制度改革的刊物–《户籍观察》面世)”, May 5, 2009, https://www.nchrd.org/Article/Class71/200905/20090505220647_15265.html
[1] “Procuratorate Report Working Regulations” Revised for First Time in 13 Years; Safeguarding Citizens Emphasized (检察院举报工作规定13年首次修订 保护举报人成亮点)”, May 6, 2009,
http://www.legaldaily.com.cn/0801/2009-05/06/content_1087088.htm
[1] “SARFT: Internet Broadcast Investigations Loose (广电总局：网播剧审查较宽松)”, May 6, 2009, http://www.ycwb.com/misc/2009-05/06/content_2127114.htm