China Human Rights Briefing June 22-28, 2009
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Reporting human rights development from the grassroots
June 22-28
Highlights
- The formal arrest of Liu Xiaobo (刘晓波), Charter 08 signatory and prominent intellectual, signals that the Chinese government has taken a hard-line approach towards suppressing the latest wave of the pro-democracy movement ushered in by Charter 08, the democratic reform manifesto. Liu was arrested for “inciting subversion of state power” on June 23 after more than six months of residential surveillance at an undisclosed location on the outskirts of Beijing. Mo Shaoping (莫少平), a lawyer retained by Liu’s family to represent him, was blocked from doing so by officials who named him a “co-defendant” in the case because of his support for Charter 08. More than one hundred Charter 08 signatories and fifty prominent intellectuals have signed public letters calling for Liu’s release.
- The lawlessness of local authorities is once again on display in plain sight as police took into custody Fan Yanqiong (范燕琼), a grassroots human rights defender based in Fuzhou City, Fujian Province. Fan was seized on June 26 after she posted articles online alleging official misconduct and cover-ups in the case of the gang rape and suspicious death of Yan Xiaoling (严晓玲) in Minqing County, Fujian Province. Relatives of Yan’s were threatened by officials the previous day not to discuss Yan’s death, which took place in February 2008.
Please click here for the full CHRB June 22-28, 2009 in PDF format
Table of Contents
Sichuan Activist Chen Wei Summoned for Commemorative Articles about June 4. 2
Dissident Intellectual Liu Xiaobo Formally Arrested for “Inciting Subversion of State Power” 3
Fujian Activist and Assistants Detained for Alleging Official Misconduct 3
Residents Displaced by Zhejiang Dam Detained by Police.. 3
Detained Democracy Activist Guo Quan Meets with Lawyer 4
RTL for Chongqing Activist Chen Yang Thought to Be Part of Wider Crackdown. 4
Large Group of Shanghai Petitioners Placed under House Arrest, One Beaten. 4
Twelve Shaanxi Petitioner Representatives Released on Bail to Await Trial 5
Beijing Rejects Petitioners’ Applications to Demonstrate, Petitioner Later Disappeared.. 5
One Detained as China Southern Stockholders Protest in Beijing.. 5
Shaanxi Workers Apply to Establish “Congress of Union Activists” 5
Farmers Submit Application to Ministry of Civil Affairs to Establish National Farmers’ Union 6
Torture and other Cruel and Inhumane Treatment 6
Relatives of Deceased Fujian Woman Yan Xiaoling Threatened by Official 6
Charter 08 Signatories and Intellectuals Call for Liu Xiaobo’s Release.. 6
Users Overload New Complaint Website, Hotline on First Day of Service.. 7
Revised Compensation Draft Law Submitted, Scope of Law Expanded.. 7
Freedom of Expression
Sichuan Activist Chen Wei Summoned for Commemorative Articles about June 4
On the morning of June 26, Sichuan activist Chen Wei (陈卫) was summoned by officers from the National Security Unit under the Suining City Public Security Bureau (PSB) and questioned for approximately 3 hours at the Suining City PSB office. The officials, who presented a summons notice to Chen, primarily asked him about commemorative articles regarding the twentieth anniversary of the Tiananmen Massacre he had written which had been published in overseas media. The police returned Chen to his home after the interrogation and warned him against continuing these sorts of activities. (CHRD)[i]
Persecution of Activists
Dissident Intellectual Liu Xiaobo Formally Arrested for “Inciting Subversion of State Power”
Liu Xiaobo (刘晓波), Charter 08 signatory and prominent intellectual, was formally arrested for “inciting subversion of state power” on June 23. He had been detained since December 8, 2008. Liu is being represented by lawyers Shang Baojun (尚宝军) and Ding Xikui (丁锡奎) from Beijing’s Mo Shaoping Law Firm; Mo Shaoping (莫少平), who was originally retained by Liu’s family to represent him, was barred from doing so by authorities who have labeled him a “co-defendant” in the case because of his support for Charter 08. According to Shang and Ding, Liu reported that police investigations have focused on his involvement with Charter 08 and more than 20 articles which Liu published between 2001 and 2008. Liu said he was not guilty of any crime, as he was exercising his freedom of expression as guaranteed by the Chinese Constitution. Liu also stated he was not tortured to force confession during the more than six months he was kept in residential surveillance at an undisclosed location outside of Beijing, though the move to the detention center was “an improvement” since he now has regular outdoor time and he has five detainees in his cell with whom he can talk. (CHRD)[ii]
Fujian Activist and Assistants Detained for Alleging Official Misconduct
On June 26, Fan Yanqiong (范燕琼), a human rights defender from Fuzhou City, Fujian Province, was taken into police custody after she posted articles online alleging official misconduct and cover-ups in the case of a young woman’s suspicious death in Minqing County, Fujian Province. On June 29, Fujian police searched Fan’s home and confiscated two computers, two bank deposit books and three hundred print copies of the Universal Declaration of Human Rights and the Declaration on Human Rights Defenders. According to Fan’s husband, the police showed a search warrant, but he has not yet received Fan’s detention warrant. A petitioner who reportedly assisted her, Chen Huanhui (陈焕辉), and his wife, Xue Yun (雪云), were also taken into detention on June 28. Chen’s home was also searched and his computer and some documents were forcibly confiscated. Chen was later criminally detained on suspicion of “libel” and is currently held at Fuzhou No.2 Detention Center. (CHRD)[iii]
Residents Displaced by Zhejiang Dam Detained by Police
On the afternoon of June 22, six representatives of Jinhua City, Zhejiang Province residents who have been displaced by rising waters collecting in the Jiufeng Reservoir were detained by interceptors from Jinhua City while petitioning outside the provincial government offices in Hangzhou. The other 24 representatives who had traveled with the six were held for a short time before being forcibly returned to Jinhua. The representatives had been petitioning for proper compensation and relocation arrangements for the displaced residents. (CHRD)[iv]
Detained Democracy Activist Guo Quan Meets with Lawyer
On June 19, detained democracy activist Guo Quan (郭泉) met with his lawyer Guo Lianhui (郭莲辉) for the second time at Xuanwu District Detention Center in Nanjing City, Jiangsu Province. Li Heping (李和平), another lawyer representing Guo, applied along with Guo Lianhui on June 19 but was not allowed to meet with his client, the second time that Guo Lianhui has been allowed to see Guo Quan but Li has not. According to Guo Lianhui, Guo Quan, who has been detained nearly eight months on “suspicion of subverting state power” remains in good mental and physical health, and despite repeated interrogations, has not been mistreated during his detention. Guo Lianhui delivered a fan to Guo Quan from his mother indicating her support for her son’s case. (CHRD)[v]
Xining Police Seize 39, Administratively Detain 19 Taxi Driver Representatives in Wake of Xining Strike
The Xining City PSB held a press conference on June 26 to announce they had administratively detained 19 individuals in relation to the June 13 taxi strike who they say “plotted to organize, create a disturbance, incite petitioners, and act with evil intentions”. Along with the 19 administratively detained, the police also seized 39 others who were released after being briefly held and fined. Netizens immediately reacted to the news, calling the official crackdown on taxi drivers “inappropriate” and expressing their deep dissatisfaction. The drivers had been striking because of changes in licensing regulations. (CHRD)[vi]
RTL for Chongqing Activist Chen Yang Thought to Be Part of Wider Crackdown
It is believed that the decision to sent Chen Yang (陈杨) to RTL for “inciting subversion of state power” on June 18, may be related to initiatives currently underway in Chongqing to build a more “peaceful, harmonious” city in advance of the 60th anniversary of the founding of the People’s Republic of China. It is believed that Chen was singled out by police because of his past history of confrontations with local officials, including a recent quarrel over an ID check being performed by a police officer. Chen also reported that he struggled with officers who came to detain him in early June, which led to his being hit and bleeding. While Chen was originally allowed to receive visitors, on the morning of June 27, local activists Wang Yi (王译), Mu Jiayu (穆家峪), Yun Hai (云海) and others who went to visit Chen were told by officials at the RTL camp that now only close relatives are allowed to visit him. Chen is also the only detainee in the camp not allowed to make phone calls. According to a relative of another RTL camp detainee, Chen is seeking to retain a lawyer to represent him. (CHRD)[vii]
Persecution of Petitioners
Large Group of Shanghai Petitioners Placed under House Arrest, One Beaten
Between June 23 and 24, police in Shanghai placed at least 13 petitioners under house arrest to prevent them from travelling to Pudong airport to meet Feng Zhenghu (冯正虎), the Shanghai activist who is being prevented from re-entering the country by local officials. The home of each petitioner was guarded by at least two policemen. One petitioner, Jin Yuehua (金月华), was detained in a Shanghai guesthouse after police seized her when she attempted to leave to buy groceries. She was released on July 2. Duan Chunfang (段春芳), who left her home on the morning of June 24 to visit her mother, was beaten by more than 10 officials after she resisted their attempts to stop her. She was able to call the police, but the officers who arrived on the scene left without speaking with her. (CHRD)[viii]
Twelve Shaanxi Petitioner Representatives Released on Bail to Await Trial
Twelve longtime petitioner representatives from the Yulin Transport Company in Yulin City, Shaanxi Province, were released on bail to await trial on June 19. The twelve were part of a group of more than 100 workers who have made fourteen trips to Beijing and countless visits to city and provincial officials in hopes of addressing problems stemming from the transition of the Yulin Transport Company from a state-owned enterprise to a privately-held company. The twelve were criminally detained for “intentional destruction of properties” on various dates in early 2009. (CHRD)[ix]
Beijing Rejects Petitioners’ Applications to Demonstrate, Petitioner Later Disappeared
On the morning of June 26, a group of 70 petitioners from all over the country arrived at the offices of the Law and Order Corps of the Beijing PSB to submit applications to demonstrate in the capital against corruption and the illegal use of interceptors to suppress petitions. Beijing petitioner Li Jinping (李金平), who delivered one such application, was told by officials that it had been rejected. After leaving the Law and Order offices, one petitioner, Yang Yimei (杨一美), from Changchun, travelled to the Civil Aviation Letters and Visits Office to petition, where she was seized around 5 pm by interceptors from the Beijing Liaison Office of the Changchun City government. Her current whereabouts are unknown, and it is believed she has been forcibly returned to Changchun. (CHRD)[x]
Freedom of Assembly
One Detained as China Southern Stockholders Protest in Beijing
On the morning of June 22, a number of China Southern shareholders gathered in front of the Chinese Securities Regulatory Commission on Financial Street in Beijing, unfurling banners, distributing leaflets, and shouting slogans. The group was there to protest the loss of the money they had invested in China Southern stock, alleging that they were the victims of collusion between the Shanghai stock exchange and 26 securities trading companies to defraud and swindle shareholders. After approximately one hour, armed police arrived to break up the protest, seizing a man who had hung a banner from a nearby building. The rest of the protestors escaped untouched. (CHRD)[xi]
Freedom of Association
Shaanxi Workers Apply to Establish “Congress of Union Activists”
CHRD learned recently from individuals involved in the effort that, on April 7, they delivered an application to the Shaanxi branch of the All-China Federation of Trade Unions (ACFTU) to establish the “Shaanxi Congress of Enterprise Union Activists” (陕西企(事)业工会维权代表大会). A total of 380 workers and workers’ representatives signed the application. The three central tenets of the Congress are: supporting the leadership of the Party and opposing corruption, guarding the Constitution and ensuring workers’ rights, and uniting the working class to overcome compromise, capitulation, and selfishness. Shaanxi officials have yet to issue a formal response to the application; however, government officials involved in the management of the ACFTU have repeatedly criticized and threatened the signatories of the application. (CHRD)[xii]
Farmers Submit Application to Ministry of Civil Affairs to Establish National Farmers’ Union
On June 22, a group of 52 farmer volunteers from 22 provinces, cities, and autonomous regions mailed an application to establish a “National Chinese Farmers’ Association” (中华全国农民协会) to the Ministry of Civil Affairs, the government organ responsible for registering social organizations. While many attempts have been made by farmers to establish local unions in recent years, none are known to have succeeded. (CHRD)[xiii]
Torture and other Cruel and Inhumane Treatment
Relatives of Deceased Fujian Woman Yan Xiaoling Threatened by Official
On June 25, the assistant director of the Minqing County, Fujian Province PSB approached Mr. Lin, an uncle of deceased Minqing woman Yan Xiaoling (严晓玲), and threatened him that the government would stop paying his pension and perhaps pursue other means of punishing him if Mr. Lin posted information about the case online. Mr. Lin is a retired civil servant. Authorities also went to the home of Yan’s mother and similarly threatened the people there. Yan died under suspicious circumstances on February 11, 2008, after allegedly being gang raped by men connected to county officials. The case has received a great deal of attention online as it has been reported that the authorities have sheltered those involved by ignoring the parents’ repeated demands for a criminal investigation. (CHRD)[xiv]
Citizens’ Actions
Charter 08 Signatories and Intellectuals Call for Liu Xiaobo’s Release
On June 25, over 50 Chinese intellectuals— professors, scholars, writers, editors, correspondents and retired senior officials— issued an appeal, both calling for the release of Charter signatory, activist, and dissident intellectual Liu Xiaobo. On June 27, a group of over 100 Charter 08 signatories issued a public letter entitled “We Are Inseparable from Liu Xiaobo” (我们和刘晓波不可分割–《零八宪章》签署者声明)[xv], and the same day, a group of Zhejiang citizens including Mao Guoliang (毛国良), Chen Longde (陈龙德), and Wu Gaoxing (吴高兴) also issued a public letter protesting Liu’s arrest.
The letters of appeal say that Liu’s openly published articles indicate that his viewpoints and attitude are rational and constructive, and suggest official disagreements with Liu be addressed through consultation and by means of dialogue and communication. The letters of appeal maintain that only by releasing Dr. Liu Xiaobo immediately can the Chinese government make known its intent to respect the freedom of speech guaranteed by the Chinese Constitution, to carry out the National Human Rights Action Plan and to move towards a state of rule of law. (CHRD)[xvi]
Law and Policy Watch
Users Overload New Complaint Website, Hotline on First Day of Service
According to a Legal Daily report, usage was so high on June 22, the first day the Supreme People’s Procuratorate opened its new website and hotline to report official misconduct and corruption, that the website (www.12309.gov.cn) crashed, while the hotline was nearly overloaded. According to officials, the website is designed to handle 1000 reports a day, but the first day’s activity “far exceeded” that number. The hotline, 12309, handled 1800 reports on its first day. How the authorities will act on this influx of reporting remains to be seen. (Legal Daily)[xvii]
Revised Compensation Draft Law Submitted, Scope of Law Expanded
According to a June 22 Legal Daily report, the National People’s Congress Legal Committee has submitted a revised draft of the State Compensation Law to the 9th session of the 11th Standing Committee of the National People’s Congress. Among the more notable changes to the law are new provisions allowing individuals to appeal to a higher-level compensation committee if they believe their original claim was handled improperly, and a stipulation that individuals who are arrested for a crime but whose case is later dropped, or who are found not guilty, will receive compensation. While in the past, individuals were eligible for compensation if law enforcement officials acted illegally in detaining them, this marks the first time that victims whose rights have been affected by the conduct of authorities will receive compensation even if the actions of the authorities were undertaken in accordance with the law. (Legal Daily)[xviii]
Editors: Wang Songlian and David Smalls
[i] “‘Charter 08’ Signatory Chen Wei Summoned by National Security Officers《零八宪章》首批签署人陈卫被国保传唤)”, June 26, 2009, https://www.nchrd.org/Article/lingbaxianzhang/200906/20090626161505_16020.html
[ii] “Arrested Dissident Writer Liu Xiaobo Meets with Lawyers for First Time”, June 27, 2009, https://www.nchrd.org/Article/Class9/Class10/200906/20090627043823_16038.html and “Liu Xiaobo Formally Arrested for ‘Inciting Subversion of State Power'”, June 24, 2009, https://www.nchrd.org/Article/Class9/Class10/200906/20090624153357_15987.html
[iii] “Fujian Activist Detained for Alleging Official Misconduct “, June 30, 2009, https://www.nchrd.org/Article/Class9/Class10/200907/20090701091726_16119.html
[iv] “Jiufeng Reservoir Displaced People Demand A Clear and Detailed Account of Relocation, Compensation Funds be Made Public (九峰水库全体移民要求公开移民安置及补偿经费明细账目)”, June 23, 2009, https://www.nchrd.org/Article/Class71/200906/20090623073952_15959.html
[v] “Family of Guo Quan Fully Supportive; Mother Gives Fan as Encouragement(郭泉家人全力支持 母亲赠扇以示鼓励)”, June 23, 2009, https://www.nchrd.org/Article/Class53/200906/20090623234847_15976.html
[vi] “11 Taxi Driver Representatives Arrested in Xining, Ningxia (宁夏西宁抓捕11名出租车维权代表)”, June 27, 2009, https://www.nchrd.org/Article/Class53/200906/20090627194431_16049.html
[vii] “Chen Yang’s RTL Term related to Local Crackdown; Hopes for New Lawyer to Defend his Rights (陈杨被劳教疑与当地严打有关 希望请律师为其维权)”, June 26, 2009, https://www.nchrd.org/Article/Class53/200906/20090626220903_16035.html and “Chen Yang’s RTL Continues- Members of Chongqing’s Renhezhuanyun Center Barred from Meeting Him (陈杨劳教续–重庆人和转运中心不许探视陈杨)”, June 28, 2009, https://www.nchrd.org/Article/Class53/200906/20090628101720_16066.html
[viii] “Large Group of Shanghai Petitioners Placed under House Arrest; Duan Chunfang Beaten (上海大批访民被软禁，段春芳被殴打)”, June 24, 2009, https://www.nchrd.org/Article/Class53/200906/20090624161549_15989.html
[ix] “Twelve Yulin Transport Company Workers and Rights Leaders Unconditionally Released ‘On Bail to Await Trial’ (榆林运输公司12名工人维权领袖被无条件”取保候审”释放)”, June 24, 2009, https://www.nchrd.org/Article/Class53/200906/20090624172242_15990.html
[x] “Petitioners From Many Provinces Apply to Demonstrate in Beijing, Are Rejected (多省市访民在京申请游行遭拒)”, June 28, 2009, https://www.nchrd.org/Article/Class53/200906/20090628010848_16065.html
[xi] “Intense Protest on Beijing’s Financial Street (北京金融大街发生民众剧烈抗议事件)”, June 22, 2009, https://www.nchrd.org/Article/Class18/nanhangguquan/200906/20090622115959_15952.html
[xii] ” Shaanxi Activist Workers Apply to Establish the Union Rights Defense Congress (陕西维权职工申请成立”工会维权代表大会)”, June 26, 2009, https://www.nchrd.org/Article/Class71/200906/20090626114204_16018.html
[xiii] “China’s First Farmer Volunteers Formally Apply to Ministry of Civil Affairs to Establish National Farmers’ Union (中国一批农民志愿者正式向民政部申请成立全国农会)”, June 22, 2009, https://www.nchrd.org/Article/Class53/200906/20090622004008_15948.html
[xiv] “Family of Violently Killed Fujian Woman Yan Xiaoling Threatened (福建被施暴致死的严晓玲的亲人受到威胁)”, June 25, 2009, https://www.nchrd.org/Article/Class53/200906/20090625190902_16009.html
[xv] Available online at: https://www.nchrd.org/Article/lingbaxianzhang/charter08magazine/200906/20090627174149_16048.html
[xvi] “Fifty Chinese Intellectuals Release Appeal, Call for Release of Liu Xiaobo (中国50多位知识分子发出呼吁，要求立即释放刘晓波)”, June 26, 2009, https://www.nchrd.org/Article/lingbaxianzhang/200906/20090626000712_16013.html and “More Zhejiang Democracy Activists Support Liu Xiaobo (更多浙江民主人士声援刘晓波)”, June 28, 2009, https://www.nchrd.org/Article/lingbaxianzhang/200906/20090628003638_16063.html
[xvii] “Supreme People’s Procuratorate Website Freezes on First Day of Operations; Complaint Hotline Overwhelmed (最高检举报网运行首日被”点”瘫痪 举报电话被打爆)”, June 23, 2009, http://www.legaldaily.com.cn/0801/2009-06/23/content_1111901.htm
[xviii] “Second Trail for revised Draft of State Compensation; Draft Expands Scope of State Compensation (国家赔偿法修正案草案二审 拟扩大适用国家赔偿范围)”, June 23, 2009, http://www.legaldaily.com.cn/0801/2009-06/23/content_1111903.htm