China Human Rights Briefing July 6 – 12, 2009
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Reporting human rights development from the grassroots
July 6 – 12, 2009
Highlights
- More information about the persecution of individuals trying to observe the 20th anniversary of Tiananmen massacre continues to surface. CHRD learned on July 11 that Ning Wenzhong (宁文忠), an internet writer based in Zhengzhou City, Henan Province, who wrote under the penname “Woodcutter” (砍樵人), was sent to one year of Re-education through Labor (RTL) for posting an appeal online for people to lay flowers on Tiananmen Square in commemoration of the massacre. Ning was detained by police on June 3.
- Seeking to avoid accountability and fearing popular pressure from netizens, as seen in the recent Deng Yujiao (鄧玉嬌) case, Fujian authorities continue to detain activists who they believe to be responsible for publishing information about the rape and suspicious death of Yan Xiaoling (严晓玲). Activist and engineer You Jingyou (游精佑, also known as He Suoge [赫索格]), of Fuzhou City, Fujian, was seized at this home on the morning of July 5 and detained on suspicion of “libel”. You is now the fifth person to be detained in association with the incident.
- CHRD strongly condemns the violence in Urumqi on July 5 and the days that followed. We express our deepest sympathies to families of the victims. We have issued a statement demanding the Chinese government fully investigate the responsibilities of the authorities in this event, that free expression of all citizens be respected, and that the right to a fair trial for anyone suspected of committing a crime during the protests be ensured.
Click here to download the full China Human Rights Briefing July 6-12, 2009 in PDF format
Contents
Freedom of Peaceful Assembly and Demonstration
Nearly Two Hundred Killed, Thousands Injured in Violence Following Peaceful Protests
Farmers Summoned for Applying to Establish National Union of Farmers
Freedom of Expression and Press
Henan Writer Sent to RTL for Post Calling for Tiananmen Commemoration
Guangxi Lawyer Detained to Prevent Meeting with Finnish Reporter
Microblogging Site Fanfou.com Closed During Xinjiang Unrest
Persecution of Human Rights Defenders
Police Continue to Detain Fujian Activists, Flout Legal Procedure
Fujian Police Detain Fifth Activist over Yan Xiaoling Case
Elections Expert Yao Lifa Detained in Shanghai, Forcibly Returned to Hubei
Chongqing Pan-Blue Alliance Member Zhang Qi Sentenced to Four Years in Prison
Changsha Activist Xie Fulin Taken on “Trip” by Police
Judge Strips Lawyer’s Rights in Middle of Trial
CCP, State Council Issue Regulations on Accountability of Officials in Mass Incidents
Supreme People’s Court Calls for Courts to Act to Ensure ‘Stability’ in Face of Financial Crisis
Freedom of Peaceful Assembly and Demonstration
Nearly Two Hundred Killed, Thousands Injured in Violence Following Peaceful Protests
Though much about the violence which took place on July 5 in Urumqi remains unclear, according to a number of reports the protests that afternoon began as a peaceful 300-person sit-in at People’s Square to protest the deaths of at least two Uyghur workers killed in Shaoguan, Guangdong on June 25. The crowd reportedly grew to over 1,000 people, and turned violent after police confronted the protestors, who refused to disperse. CHRD strongly condemns this violence and expresses our deepest sympathies to families of the victims. CHRD has issued a statement demanding the Chinese government fully investigate the responsibilities of the authorities in this event, as we have observed a similar pattern in countless cases of peaceful protests which resulted in violence after protestors were met with heavy-handed crowd-control tactics by armed police. We also demand that free expression of all citizens be respected, and that the right to a fair trial for anyone suspected of committing a crime during the protests be ensured. (CHRD)[i]
Freedom of Association
Farmers Summoned for Applying to Establish National Union of Farmers
On June 21, a group of 52 farmers 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. In the days since, at least 10 members of the group have been summoned (chuanhan) one by one for questioning by local police. For example, Zhao Feng (赵枫), a farmer from Hunan who is currently working in Beijing, was summoned and interrogated about the group’s plans on June 30 by Chongwen District police, who did not display any identification or formal documentation. (CHRD)[ii]
Freedom of Expression and Press
Henan Writer Sent to RTL for Post Calling for Tiananmen Commemoration
On July 11, CHRD learned that Ning Wenzhong (宁文忠), a Zhengzhou City, Henan Province internet writer who wrote under the penname “Woodcutter” (砍樵人) was sent to one year of Re-education through Labor (RTL) for posting an appeal online for people to lay flowers on Tiananmen Square in commemoration of the twentieth anniversary of the Tiananmen Massacre. Ning was seized by the authorities on June 3, and formally detained on June 4. According to Ning’s brother, the Zhengzhou City RTL Committee decided to send Ning to one year of RTL on June 19, and he is currently detained at the Baimiao RTL camp in Zhengzhou. Local officials have not provided family members with a formal RTL notice. (CHRD)[iii]
Guangxi Lawyer Detained to Prevent Meeting with Finnish Reporter
On July 6, lawyer Yang Zaixin (杨在新), from Beihai City, Guangxi Province, was forced to “travel” to Dongxing City in Guangxi by National Security officers from the Beihai PSB to keep him from giving an interview to a reporter from Finland. The reporter sought to interview Yang about a land dispute between local farmers and a company with Finnish investors which is clearing farmland in order to grow trees for paper production; Yang is representing the famers in their lawsuit. Yang was allowed to return home the night of July 8 because he was due in court the next morning to defend a case. However, on the afternoon of July 9, after leaving the courthouse, Yang was detained by traffic police after a motorcycle, which had been following him, finally succeeded in colliding with his car despite Yang’s attempts to avoid it. He was held for 17 hours before being released on the afternoon of July 10. Yang has been targeted by officials for his work defending the rights of farmers and impoverished residents of rural Guangxi. (CHRD)[iv]
Microblogging Site Fanfou.com Closed During Xinjiang Unrest
Beginning shortly before midnight on July 7, visitors to the Chinese microblogging site Fanfou (www.fanfou.com) were greeted by an error message stating Fanfou was “unable to refresh information”. It is believed that the site was closed because its users were using the service to report on the violence taking place in Urumqi. Though the original message stated that the site would be working again on July 10, as of the time of writing it remained closed. (CHRD)[v]
Persecution of Human Rights Defenders
Police Continue to Detain Fujian Activists, Flout Legal Procedure
On the morning of July 6, the daughters of Fan Yanqiong (范燕琼) and Wu Huaying (吴华英), detained Fujian activists, visited the Mawei District Public Security Bureau (PSB) Offices in Fuzhou City to learn about their mothers’ detentions. Fan and Wu are Fujian activists who have been detained since June 26 and July 1, respectively, for publicizing information about the case of Yan Xiaoling (严晓玲), a young woman who died last year under suspicious circumstances after an alleged sexual assault. Their families have yet to receive any formal detention notice from the police. According to a legal department official at the PSB offices, Fan’s case is still in the “investigate stages” and so a detention notice cannot be issued; Wu’s daughter was told that her mother’s criminal detention notice had already been sent out. The official refused to answer any further questions about the two activists’ detentions and quickly left the room. (CHRD)[vi]
Fujian Police Detain Fifth Activist over Yan Xiaoling Case
On the morning of July 5, a group of more than 10 police officers who identified themselves as being from the Mawei District PSB station in Fuzhou City, Fujian Province arrived at the home of Fuzhou activist and engineer You Jingyou (游精佑, also known as He Suoge [赫索格]). Without producing a search warrant, the officers confiscated You’s notebook computer and took him away. The next day, officials from the Mawei District PSB station called to notify You’s family members that You had been detained on suspicion of “libel”. You is currently being detained at Number Two Detention Center in Fuzhou City. You, an accomplished engineer with the Xiangpu Railway Engineering and Construction Company, has been involved in a number of rights-defense activities in recent years, and has provided material and financial support to an array of rights defenders. It is believed that his detention is related to the Yan Xiaoling (严晓玲) case, making You the fifth Fujian activist to be detained by police in relation to the incident. (CHRD)[vii]
Elections Expert Yao Lifa Detained in Shanghai, Forcibly Returned to Hubei
On the afternoon of July 10, Hubei elections expert Yao Lifa (姚立法) called CHRD from Shanghai’s Haitang PSB station stating he was being detained by police. According to Yao, he had travelled to Shanghai to observe District People’s Congress Representative elections in Number 57 District, Pudong, Shanghai. Yao was forcibly returned home to Qianjiang City, Hubei Province on July 11 by police from Qianjiang as well as staff from the Qianjiang Bureau of Education, and then released. (CHRD)[viii]
Political Persecution
Chongqing Pan-Blue Alliance Member Zhang Qi Sentenced to Four Years in Prison
On July 7, Zhang Qi (张起) was convicted of “inciting subversion of state power” by Chongqing Number One Intermediate Court and sentenced to four years in prison, with an additional two years’ deprivation of political rights. Zhang is a member of the Pan-Blue Alliance of Chinese Nationalists, a virtual political organization which has been declared illegal by the government. Zhang had been detained since May 2008, when he was detained after helping to organize Pan-Blue Alliance members to provide disaster relief in areas affected by the May 12 Wenchuan Earthquake. He was formally arrested on June 20, 2008, for “possession of state secrets”, but was tried in a closed court on June 15 for “inciting subversion of state power”. The reason for the change of charge remains unknown. Zhang has said he will appeal the ruling. (CHRD)[ix]
Changsha Activist Xie Fulin Taken on “Trip” by Police
On July 7, Changsha City, Hunan Province Pan-Blue Alliance of Chinese Nationalists member Xie Fulin (谢福林) was taken away from Changsha by three police officers on a forced “tourist trip” to Fenghuang, a town in western Hunan Province. It is believed that police were seeking to prevent Xie from causing trouble during a cross-strait economic forum being held in Changsha on July 11 and 12. Friends have not been able to contact Xie since he was taken away from Changsha. (CHRD)[x]
Right to a Fair Trial
Judge Strips Lawyer’s Rights in Middle of Trial
On the morning of July 10, Beijing lawyer Jin Guanghong (金光鸿) was in Panshi City, Jilin Province to defend Liu Qingqian (刘庆前) and two other defendants on trial for suspicion of “practicing an evil cult”. Liu and Liu’s co-defendants are Falun Gong practitioners. During the trial, however, Jin was repeatedly interrupted by the Panshi City court judge, and when Jin protested, the judge stripped Jin of his rights to speak in defense of his client, and banished him from the proceedings. The other four defense lawyers in court with Jin strongly protested, and left the courthouse with Jin in a show of solidarity. The court session was suspended and no verdict was delivered after the lawyers walked out. (CHRD)[xi]
Law and Policy Watch
CCP, State Council Issue Regulations on Accountability of Officials in Mass Incidents
On July 12, the offices of the Central Committee of the Chinese Communist Party and the State Council issued the “Temporary Regulations Concerning the Implementation of an Accountability System for Senior Cadres of the Party and Government”, a set of regulations which stipulate the circumstances under which party and government officials will be held accountable for causing or failing to appropriately handle mass incidents. These regulations, which apply to senior members of party and government committees at the county level of government and higher, as well as senior members of their respective subordinate entities, were issued in response to a series of high-profile mass incidents, including, most recently, riots in Shishou, Hubei Province and Urumqi, Xinjiang Autonomous Region. The regulations list seven conditions under which cadres can be held accountable, including when “severe errors in decision-making”, “professional negligence”, inadequate management” or “abuse of authority” leads to mass incidents, or if cadres are found to have “caused circumstances to worsen” through “inappropriate handling” of a mass incident. However, questions remain about the effectiveness of these proposed regulations, as other government officials will be responsible for holding cadres accountable. (China News)[xii]
Supreme People’s Court Calls for Courts to Act to Ensure ‘Stability’ in Face of Financial Crisis
According to a July 5 Xinhua report, the Supreme People’s Court issued a state calling on courts at all levels to “protect growth, people’s interests, and stability” by addressing disputes between the government and the people. The statement acknowledged that some measures taken by the government in the wake of the international financial crisis have increased disputes across the country, in both rural and urban settings; workers face labor security issues as changes are made to the management of their businesses, and land disputes have increased as local governments seek to carry out public investment projects. The statement listed ten aspects to be considered by courts, including strengthening the right to file a lawsuit and stressing the prompt and effective resolution of lawsuits. However, legal scholars in China have pointed out that the statement’s call for the courts to act as a tool of “stability”, rather than justice, marks a step backwards for the judicial system in China, as the courts continue to be used as an administrative tool of the government, rather than an independent body. (Xinhua)[xiii]
Editors: Wang Songlian and David Smalls
[i] “Chinese Government Must Allow Reporting and Investigation of Urumqi Violence”, July 7, 2009, https://www.nchrd.org/Article/Class9/Class10/200907/20090707013048_16191.html
[ii] “Farmers Summoned for Applying to Establish National Union of Farmers (中国申请成立全国农会的农民被传唤)”, July 8, 2009, https://www.nchrd.org/Article/bzsf/200907/20090708135513_16203.html
[iii] “Ning Wenzhong Sent to RTL for Commemorating June 4th (宁文中因纪念”六四”事件被劳教)”, July 11, 2009, https://www.nchrd.org/Article/bzsf/200907/20090711111734_16226.html
[iv] “Yang Zaixin Prevented from Contacting Finnish Reporter (杨在新被阻止与芬兰记者接触)”,July 11, 2009, https://www.nchrd.org/Article/bzsf/200907/20090711093922_16221.html
[v] “China Microblogging Site Fanfou Closed for Two Days (中国微博客饭否关闭两天)”, July 8, 2009, https://www.nchrd.org/Article/Class53/200907/20090708233816_16207.html
[vi] “Fuzhou Police Illegally Detain Activsts Fan Yanqiong and Wu Huaying (福州警方违法关押维权人士范燕琼与吴华英)”, July 6, 2009, https://www.nchrd.org/Article/Class53/200907/20090706234932_16190.html
[vii] “Fujian Activist You Jingyou Fifth to Be Detained over Yan Xiaoling Case (福建维权人士游精佑成为”严晓玲案”被抓的第5人)”, July 8, 2009, https://www.nchrd.org/Article/bzsf/200907/20090707084302_16193.html
[viii] “Elections Expert Yao Lifa Detained in Shanghai’s Haitang PSB Station (选举专家姚立法先生被扣押在上海塘桥派出所)”, July 11, 2009, https://www.nchrd.org/Article/bzsf/200907/20090711094101_16222.html
[ix] “Pan-Blue Alliance Member Zhang Qi Sentenced Today; Receives Four Years, Greets News with Smile (泛蓝联盟成员张起案今开庭宣判 获刑四年张起笑面迎对)”, July 7, 2009, https://www.nchrd.org/Article/Class53/200907/20090707193518_16199.html
[x] “Bulletin: Changsha’s Xie Fulin Forced onto ‘Tourist Trip’ (快讯：长沙谢福林先生被强迫”旅行”)”, July 9, 2009, https://www.nchrd.org/Article/bzsf/200907/20090709150200_16215.html
[xi] “Judge Strips Lawyer’s Right to Defend, Five Lawyers Collectively Leave Court in Protest (法官剥夺律师辩护权，5律师集体退庭抗议)”, July 11, 2009, https://www.nchrd.org/Article/bzsf/200907/20090711093632_16220.html
[xii] “Party and Government Leading Cadres’ Temporary Accountability Regulations Issued; Seven Conditions for Accountability Listed (党政领导干部问责暂行规定公布 对七种情形问责)”, July 12, 2009, http://www.chinanews.com.cn/gn/news/2009/07-12/1771670.shtml
[xiii] “Supreme People’s Court Issues Document Calling for Reconciliation of Administrative Disputes to Avoid Mass Incidents (最高法院出台文件化解行政纠纷避免群体性事件)”, July 5, 2009,
http://news.xinhuanet.com/legal/2009-07/05/content_11658442.htm