China Human Rights Briefing July 20-26, 2009
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China Human Rights Briefing
Reporting human rights development from the grassroots
July 20-26, 2009
Highlights
- In the latest case of an activist being punished merely for planning to commemorate the twentieth anniversary of the Tiananmen Massacre, CHRD learned this week that Zhejiang Province folk singer and Charter 08 signatory Huang Wei (黄伟) was sent to 18 months of RTL after being seized by police ahead of the anniversary. Huang had been planning to give a performance on Tiananmen Square on June 4th.
- CHRD welcomed the news on July 24 that libel charges had been dropped against Shandong blogger Duan Lei (段磊), who had been detained since February 25 after writing blog entries alleging corruption and illegal activities by a local official.
Contents
Freedom of Expression. 2
Information about Yan Xiaoling Case Continues to Be Deleted from Major Websites. 2
Fujian Internet Administrator Detained in Psychiatric Hospital for Posting. 2
Charges Dropped Against Blogger Held for Five Months. 2
Freedom of Peaceful Assembly and Demonstration. 3
Hubei Villagers Attacked, Beaten for Protesting. 3
Five Family Members of Deceased Shishou Man Still Criminally Detained. 3
Freedom of Association. 3
Guangdong Workers’ Legal Aid Agency Forced to Move. 3
Gongmeng Director Xu Zhiyong Told to Move by Landlords. 4
Harassment of Activists. 4
Sun Xiaodi Arrives at Re-education through Labor Camp, Appeals Decision. 4
Changsha Activist Xie Fulin and Brother Criminally Detained on Trumped-up Charges. 4
Zhejiang Folk Singer Huang Wei Sent to RTL for Plans to Commemorate June 4th. 4
Columnist Mo Zhixun Placed under Surveillance. 5
Torture and Other Cruel, Unusual or Degrading Treatment. 5
Shandong Man Beaten by Government Officials over Road Argument. 5
Freedom of Religion. 5
Chengdu Municipal Bureau of Civil Affairs Overturns Decision to Ban House Church. 5
Law and Policy Watch. 6
State Council Issues Draft of Updated Workers’ Insurance Regulations. 6
State Council Issues Draft of Individual Industrial and Commercial Household Regulations. 6
Hebei Student Sues PSB over Missed Examination. 6
Freedom of Expression
Information about Yan Xiaoling Case Continues to Be Deleted from Major Websites
On July 19, Xinkuaibao newspaper published an article detailing the plight of activists detained for publicizing information about the case of Yan Xiaoling (严晓玲), a Fujian woman who died under suspicious circumstances after an alleged sexual assault. Major domestic websites, including Sina.com, Netease, and Sohu were quick to reprint the story, but on July 20 internet authorities ordered the sites to take down their articles. (CHRD)[1]
Fujian Internet Administrator Detained in Psychiatric Hospital for Posting
On July 25, CHRD learned that Cheng Tianfu (程天富, also known as Jiuqushanzhuang, 九曲山庄) was detained in a psychiatric hospital by officials in Changting County, Fujian Province on July 17 for a posting he wrote on the website “Poplar and Willow Bank Life (杨柳岸生活)”. He was released from the hospital after a day and a half. Cheng, who serves as editor-in-chief of the site, had written about previous occasions on which he had been forcibly hospitalized, including details about mistreatment and abuse he faced while in a psychiatric institution over the course of one 32-day detention. (CHRD)[2]
Charges Dropped Against Blogger Held for Five Months
On July 24, Cao County, Shandong Province PSB and judicial officials announced they were dropping the charges of libel against Shandong blogger Duan Lei (段磊), and offered Duan and his family a formal apology. Duan was originally detained on February 25 after writing blog entries alleging that Zhuangzhai Town, Cao County Party Secretary Guo Feng (郭峰) accepted bribes, practiced favoritism towards friends and family, kept a mistress, and that his son was involved in drug trafficking and prostitution. After being held without charges for more than a month, he was formally arrested on July 3 and charged with libel. (CHRD)[3]
Freedom of Peaceful Assembly and Demonstration
Hubei Villagers Attacked, Beaten for Protesting
On the morning of July 22, around 50 villagers from Wangdong Village, Zhangjin Town, Qianjiang City, Hubei Province, gathered outside the Zhangjin Town government offices to protest unlawful land transactions by the local government. A few hours later, town officials led a group of 20 individuals and 8 or 9 police officers who surrounded and threatened the protestors, striking and pushing a number of them to the ground in an attempt to disperse the crowd. Six protestors were hospitalized with injuries. The villagers have been protesting since March over two pieces of village land unlawfully rented out by town officials. (CHRD)[4]
Five Family Members of Deceased Shishou Man Still Criminally Detained
Following the massive protests and clashes surrounding the suspicious death of 23-year old Tu Yuangao (涂远高), a cook at the Yonglong Hotel in Shishou City, Hubei Province, on June 17, twelve members of the deceased’s family have been detained by police. While seven were released by July 13, five family members- brother Tu Yuanhua (涂远华), cousin Tu Maohai (涂茂海), cousin Tu Xiaoyu (涂晓玉), first cousin, once removed Tu Xingjun (涂行军), and cousin Zhou Zhiwei (周志伟)- remain criminally detained for the crime of “disturbing social order”. According to domestic media reports, the family is currently involved in a legal dispute with local officials over an agreement reached by the two sides just before the family allowed Tu’s body to be cremated in which police promised to absolve family members of any responsibility for the disturbances if they agreed to let authorities take Tu’s body. Two local officials have lost their jobs for “mishandling” the case. (CHRD)[5]
Freedom of Association
Guangdong Workers’ Legal Aid Agency Forced to Move
Guangdong Workers’ Support Agency, a legal aid group established by activist Liu Dejun (刘德军) and a group of volunteers in Chang’an Town, between Dongguan and Shenzhen in Guangdong Province, has been forced to close its office and relocate. The agency has been dedicated to helping workers use the law to protect their rights and interests, and has been under surveillance by members of the Law and Order Corps of the local PSB since its founding in 2006. Around noon on July 20, the landlord who owns the office space used by the legal aid agency arrived with two Law and Order officers and announced that the agency would have to vacate the building, more than a year earlier than previously agreed upon. Staffers at the agency believe they are being pressured by local officials wary of their efforts. (CHRD) [6]
Gongmeng Director Xu Zhiyong Told to Move by Landlords
On July 21, the landlords of the office space formerly rented by the Open Constitution Institute (Gongmeng) and the private home of director Xu Zhiyong (许志永) separately called Xu and urged him to move as soon as possible. The Open Constitution Initiative, an NGO and legal aid center, was formally banned by the Beijing Municipal Bureau of Civil Affairs on July 17 after being fined more than 1.4 million RMB by the State Administration of Taxation and the Beijing Bureau of Taxation. It is believed that government officials are behind this further pressure on Xu. (CHRD)[7]
Harassment of Activists
Sun Xiaodi Arrives at Re-education through Labor Camp, Appeals Decision
CRLW learned on the morning of July 21 that Sun Xiaodi (孙小弟), a Gansu environmental activist and recipient of the 2006 Nuclear-Free Future Award, had been sent to the Lanzhou Anning District Re-education through Labor (RTL) Camp. The decision to send Sun to RTL, believed to be in retaliation for Sun’s work to expose official corruption and nuclear waste pollution in Gansu Province, was made on July 9. His daughter, Sun Haiyan (孙海燕, also known as Sun Dunbai [孙敦白]), was sent to RTL for 18 months at the same time. According to Sun’s wife, Hu Jianhong (胡建红), Sun has filed for administrative review. As part of his administrative redress documents, Sun for the first time wrote down his allegations that Diebu County, Gansu Province officials exaggerated the local effects of the May 12 Wenchuan Earthquake to receive disaster relief funding. Hu also reported that authorities threatened her, warning her to “follow proper channels” in protesting the decision, and telling her not to contact “illegal” human rights organizations, petition, or “make any noise”. (CRLW)[8]
Changsha Activist Xie Fulin and Brother Criminally Detained on Trumped-up Charges
On the morning of July 22, Changsha City, Hunan Province activist Xie Fulin (谢福林) and his wife were drinking tea at a teahouse when three plainclothes officers from the National Security Unit of the Furong District Public Security Bureau (PSB) burst in and took him away for “investigation”. While the officers produced their police IDs, they did not display a detention warrant or any other legal documents. That evening, Xie’s brother Xie Shulin (谢树林) was also taken away by Furong District police. On the morning of July 23, Xie Fulin was able to telephone his family from the Changsha City Detention Center to report that he and his brother had been criminally detained on suspicion of “stealing electricity.” According to Xie Fulin’s wife, any issues with electricity in their home are related to a neighborhood dispute with the power company, and not with any action taken by Xie. It is believed Xie and his brother are being detained by local officials to prevent them from travelling to Beijing to petition in advance of National Day on October 1. (CHRD)[9]
Zhejiang Folk Singer Huang Wei Sent to RTL for Plans to Commemorate June 4th
CHRD learned on July 26 that Zhejiang Province folk singer and Charter 08 signatory Huang Wei (黄伟) was detained by Wenzhou City PSB officers on June 1 to prevent him from travelling to the capital on June 4 to commemorate the 20th anniversary of the Tiananmen Massacre. He is currently detained at the Ouhai Detention Center in Wenzhou, but Wenzhou PSB officials have already decided to send him to 18 months of RTL. In recent years, Huang has travelled around the country, giving performances in which he signs about human rights as well as victims of the Tiananmen Massacre. He was planning to give a performance on Tiananmen Square before he was detained. (CHRD)[10]
Columnist Mo Zhixun Placed under Surveillance
CHRD learned on July 20 that well-known columnist and Charter 08 signatory Mo Zhixun (莫之许, also known as Zhao Hui [赵晖]) has been placed under close surveillance since the formal arrest of dissident writer and activist Liu Xiaobo (刘晓波) on June 23. Mo joins Zhang Zuhua (张祖桦), Jiang Qisheng (江棋生), and Liu’s wife Liu Xia (刘霞) as the fourth individual to receive heavy police pressure in relation to Liu’s formal arrest. Mo has reported irregularities in his broadband connection which his internet service provider cannot resolve, leading him to believe it is being interfered with by the authorities. Mo, who signed Charter 08 in December 2008, had his home searched by the authorities on March 19 of this year for soliciting articles commemorating the twentieth anniversary of the Tiananmen Massacre. (CHRD)[11]
Torture and Other Cruel, Unusual or Degrading Treatment
Shandong Man Beaten by Government Officials over Road Argument
On the morning of July 24, Cangshan County, Linyi City, Shandong Province Mr. Song (宋) (full name withheld at the victim’s request) was attacked and beaten by more than 50 city construction law enforcement officers after a dispute over the road in front of his house. According to Mr. Song’s brother, city construction law enforcement officers attempted to drive on a newly repaired road in front of his Song’s house in Houying Village, Cangshan County, when he tried to stop them. The officers got out of their vehicle, argued with Mr. Song, and assaulted him before leaving. Thirty minutes later, more than 50 city construction law enforcement officers arrived at Mr. Song’s house and violently kicked and beat him, injuring his back and arms. Mr. Song contacted local police, who not only refused to handle the case, they told Mr. Song that the assailants has already informed them of the beating and fear no punishment. The city construction law enforcement officers are not uniformed police, but are government employees, similar to urban inspection officers (chengguan). (CHRD)[12]
Freedom of Religion
Chengdu Municipal Bureau of Civil Affairs Overturns Decision to Ban House Church
On July 21, the Chengdu Municipal Bureau of Civil Affairs telephoned intellectual and Christian house church activist Wang Yi (王怡) to inform him it had already decided on July 17 to recommend that the Qingyang District Bureau of Civil Affairs redress its decision to ban the “Blessing of Autumn Rain” Christian church. The Municipal Bureau of Civil Affairs did not send a copy of its administrative decision, so the reasons behind the decision and the exact actions it is taking are not currently known. Wang Yi believes the decision of the District Bureau of Civil Affairs may have been overturned because officials did not follow proper procedure in banning the church. However, members were still barred by local authorities from attending the group’s most recent Sunday service on July 19. (China Rights Google Group)[13]
Law and Policy Watch
State Council Issues Draft of Updated Workers’ Insurance Regulations
According to a July 24 Xinhua report, the Legal Office of the State Council issued a draft of the updated “Workers’ Injury Insurance Regulations” (工伤保险条例) in order to seek public comment. The draft regulations are an updated version of the original workers’ insurance regulations, which went into effect on January 1, 2004, and covered approximately 140 million workers by June 2009. A number of disputes regarding the regulations, which stipulate treatment and compensation for injuries sustained by workers on the job, have arisen in the past five years. Principal among these are questions of scope, including whether a worker can be compensated for an injury suffered traveling to or from work, and questions of the process for evaluating and treating the effect of an injury on an employee’s ability to continue working. While the new draft is designed to address these concerns, it remains to be seen whether the revised regulations will prove an effective tool for protecting workers’ rights. (Xinhua)[14]
State Council Issues Draft of Individual Industrial and Commercial Household Regulations
According to a July 21 Xinhua report, the Legal Office of the State Council released a draft of regulations for “Individual and Commercial Households” (个体工商户条例), laying down guidelines under which individuals could register and receive business licenses and tax certificates. Included as “individual and commercial households” are itinerant street vendors, who will be able to apply to open bank accounts and apply for loans once they have registered. While this new regulation has the potential to provide a legal foundation for the protection of vendors, and work to protect their rights and interests, it remains to be seen whether there will be any tangible improvement in their situation. (Xinhua)[15]
Hebei Student Sues PSB over Missed Examination
On July 22, Hu Jiajia (扈佳佳) filed a lawsuit against the Langfang City, Hebei Province PSB after she had been barred from taking a military school entrance examination in June. Hu’s parents, who are farmers, were administratively detained two years ago for a total of 15 days, and as a result, police from the Anci District station refused to affix the political examination (zhengzhi shencha) seal to her application, causing her to miss the deadline to register for the test. Hu is asking for compensation in her suit. This case, dubbed “political examination-gate” by domestic media, has led to renewed questioning of the political examination system, a tool used by authorities for decades to deprive citizens of their rights. (Xinhua)[16]
Editors: David Smalls and Lin Sang
[1] “’Yan Xiaoling Case’ Information Again Deleted from Important Mainland Websites“严晓玲案”消息再次在大陆一些主要网站被封)”, July 20, 2009, https://www.nchrd.org/Article/Class53/200907/20090720203730_16376.html
[2] “Fujian Website Editor Forcibly Hospitalized for Web Posting (福建一网站总编因网上发帖被强行关入精神病院)”, July 25, 2009, https://www.nchrd.org/Article/Class53/200907/20090725000317_16444.html
[3] “Libel Charges against Cao County, Shandong Province Youth Duan Lei Dropped (山东曹县青年段磊发帖诽谤案被撤案)”, July 25, 2009, https://www.nchrd.org/Article/Class53/200907/20090725121541_16449.html
[4] “Qianjiang City Villagers Protest at Town Government; Many Hospitalized with Injuries (潜江市村民到镇政府抗议 多人被打伤住院)”, July 23, 2009, https://www.nchrd.org/Article/Class53/200907/20090723162501_16421.html
[5] “Repercussions from Shishou Clash Unequal; Five Family Members Criminally Detained (石首抢尸余波未平 5名死者家属被刑拘)”, July 23, 2009, https://www.nchrd.org/Article/Class53/200907/20090723234315_16427.html
[6] “Workers’ Legal Aid Agency Suddenly Forced to Relocate (劳工法律援助社突然被逼迫搬迁)”, July 21, 2009, https://www.nchrd.org/Article/Class53/200907/20090721101327_16386.html
[7] “Gongmeng and Xu Zhiyong’s Landlords Urge Move (公盟与许志永被房东催搬家)”, July 21, 2009, https://www.nchrd.org/Article/Class53/200907/20090721192737_16394.html
[8] “Sun Xiaodi Sent to RTL; Administrative Review Filing Recounts False Claims Regarding Earthquake Toll (孙小弟送劳教所 复议书爆光假地震虚报数千房屋倒塌)”, July 21, 2009 , https://www.nchrd.org/Article/bzsf/200907/20090721155111_16392.html
[9] “Changsha Activist Xie Fulin and Brother Criminally Detained (长沙维权人士谢福林兄弟被刑事拘留)”, July 23, 2009, https://www.nchrd.org/Article/Class53/200907/20090723111130_16416.html
[10] “Zhejiang Folk Singer Huang Wei Sent to One and a Half Years of RTL for Plans to Commemorate June 4 (浙江民间歌手黄伟因纪念“六四”被处一年半劳教)”, July 26, 2009, https://www.nchrd.org/Article/liusi/200907/20090726105030_16458.html
[11] “Beijing Charter 08 Signatory Mo Zhixun Placed Under Surveillance, Has Internet Service Cut a Few Days Ago 北京《08宪章》签署人莫之许数日前被当局监控并断网)”, July 20, 2009, https://www.nchrd.org/Article/Class53/200907/20090720213120_16377.html
[12] “Fifty Linyi, Shandong Urban Inspection Law Enforcement Officials Beat a Farmer (山东临沂50多名城管执法队员入室殴打一农民)”, July 26, 2009, https://www.nchrd.org/Article/Class53/200907/20090726130758_16461.html
[13] “Bulletin: Chengdu Municipal Bureau of Civil Affairs Recommends Qingyang District Bureau of Civil Affairs Redress Erroneous Decision to “Ban” Blessing of Autumn Rain Church (简讯：成都市民政局建议青羊区民政局纠正“取缔”秋雨 之福教会的错误行政措施)”, July 23, 2009, http://chinarights2.blogspot.com/2009/07/2319.html
[14] “Industrial Insurance Regulations Revisions Drafted: State Council Legal Office Seeks Opinions (工伤保险条例拟修改 国务院法制办征求各界意见)”, July 24, 2009, http://news.xinhuanet.com/legal/2009-07/24/content_11765513.htm
[15] “Individual Industrial and Commercial Household Regulations Draft Draws Wide Interest; Lawyers Discuss Positive Aspects and Influence (个体工商户条例草案广受关注 律师谈亮点和影响 )”, July 23, 2009, http://news.xinhuanet.com/legal/2009-07/23/content_11757779.htm
[16] “Hebei ‘Political Examination-gate’ Examinee Sues PSB (河北“政审门”考生状告公安局)”, July 23, 2009, http://news.xinhuanet.com/legal/2009-07/23/content_11756732.htm