China Human Rights Briefing August 24-30, 2009
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China Human Rights Briefing
Reporting human rights development from the grassroots
August 24-30, 2009
Highlights:
Torture and Arrest of Lawyer Latest Attack on Legal Professionals by Officials
This week brought yet another case of a human rights lawyer being attacked by officials, both professionally and physically, for his work to protect the rights of citizens. Wang Yonghang (王永航), a former lawyer from Dalian City, Liaoning Province, was formally arrested this week after being taken into custody on July 4. When Wang was first seized by police, he was severely beaten, and his ankle was broken. It is believed that Wang is being retaliated against for his efforts to defend Falun Gong practitioners.
Wang’s arrest and torture sends a chilling warning to the community of human rights lawyers, especially those who, like Wang, lost their licenses to practice law this past May. The UN Committee against Torture, which reviewed China’s implementation of the Convention ten months ago, has recommended that China “take immediate steps to prevent acts of torture and ill-treatment throughout the country”.
China’s Legislature Acts on Laws with Implications for Rights Abuse
While the international rights monitoring community continues to raise serious concerns the Chinese government’s extensive use of administrative organs to carry out law enforcement operations, the Chinese authorities quietly issued the People’s Armed Police Law and the Draft Law on Administrative Enforcement this past week. CHRD is concerned that these laws, which were passed or deliberated at the 10th meeting of the 11th National People’s Congress Standing Committee between August 24 and 27, have the potential to negatively impact human rights domestically. The People’s Armed Police Law might provide a legal basis for the use of the People’s Armed Police Force to quash protests while the Draft Law on Administrative Enforcement might further empower administrative departments known for their record of rights abuse, especially the Public Security Bureau.
Contents
Freedom of Expression. 3
Hubei Writer Detained for “Fabricating and Spreading Rumors”. 3
Anhui Citizen Beaten and Detained for Photographing Demolition. 3
Blogger Duan Lei Compensated for Five Months of Detention. 3
Freedom of Association and Assembly. 4
Organizer Summoned for Efforts to Unionize Farmers. 4
Soldiers’ Representative Sent to Re-education through Labor. 4
Persecution and Harassment of Activists. 4
Hunan Activist Xie Fulin and Brother Formally Arrested for “Theft”. 4
Shanghai Activist Duan Chunfang Formally Arrested. 5
Jilin Village Representative Sent to RTL for Exposing Local Corruption. 5
Xinjiang Rights Activist Hu Jun Kidnapped. 5
Detained Fujian Activist Fan Yanqiong Still in Poor Health. 6
Court Continues to Delay Decision over Appeal by Legal Activist Yuan Xianchen. 6
Democracy Activist Hu Shigen Continues to Suffer Harassment after Release. 6
Computer of Democracy Party Member Confiscated. 6
Daughter of Imprisoned Activist Denied Passport. 7
Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment. 7
Debarred Lawyer Tortured and Arrested in Northeastern China. 7
Citizens’ Rights Actions. 7
Migrant Workers Seek Back Pay in Hubei Province. 7
Mall Workers Demand Xian Government Hand Back Control of Shares. 7
Right to Housing and Land. 8
Tea Growers Dragged Away as Developers Seize Land for Luxury Homes. 8
Villager Dies During Land Seizure for Xian Subway Construction. 8
Law and Policy Watch. 8
Draft Law on Administrative Enforcement Deliberated. 8
One Hundred Forty-One Outdated Legal Provisions to be “Cleaned-up”. 9
People’s Armed Police Law Promulgated. 9
Freedom of Expression
Hubei Writer Detained for “Fabricating and Spreading Rumors”
On August 21, Xiong Zhongjun (熊忠俊, known online as Liu Yiming [刘逸明]), was given ten days of administrative detention by the Ezhou City Public Security Bureau (PSB) in Hubei Province. Xiong was punished for “fabricating and spreading rumors” because, according to the police, he published articles online alleging that the defendant in a court case was a stand-in for the accused. Xiong was released on August 31.
The defendant, Hu Bin (胡斌), who reportedly comes from a rich and influential family, struck and killed a pedestrian while driving an expensive sports car at excessive speeds on July 20. The fatal accident was widely reported and discussed online. When Hu appeared in court more than two months later and was sentenced to three years in prison, doubts surfaced on the internet about his identity, as netizens claimed the man on trial bore little resemblance to the driver photographed at the site of the accident. (CHRD)[i]
Anhui Citizen Beaten and Detained for Photographing Demolition
On August 20, a man was beaten, had his camera seized, and was detained for 12 hours for photographing the demolition of a building in Hefei City, Anhui Province. Ni Youjin (倪友金) was riding in a car when he saw a group of law enforcement officials led by the Gaoxin Development District Management Committee in Hefei City demolishing a building in his neighborhood. Ni was photographing the demolition when between seven and eight men from the crew descended on him and started beating him. (CHRD)[ii]
Blogger Duan Lei Compensated for Five Months of Detention
CHRD learned on August 29 that Duan Lei (段磊), a blogger from Cao County, Shandong Province, was given 16,798 RMB in compensation for having been detained 150 days on suspicion of “libel”. Duan was originally detained on February 25 after writing blog entries accusing the Zhuangzhai Town, Cao County Party Secretary of having committed various forms of misconduct. On August 5, shortly after his release, Duan filed an application for compensation. According to the Cao County Procuratorate, Duan was deserving of compensation because his arrest was approved without sufficient evidence, violating his right to liberty. (CHRD)[iii]
Freedom of Association and Assembly
Organizer Summoned for Efforts to Unionize Farmers
On August 25, Zou Chuanshun (邹传舜), one of the organizers of the “National Chinese Farmers’ Association” (中华全国 农民协会, NCFA), was summoned for three hours by the National Security Unit under the Yixing City PSB in Jiangsu Province. Zou, a resident of Yixing City, was asked a series of questions about the NCFA and warned that the association was “illegal” because it has not registered with the Ministry of Civil Affairs (MCA). The police did not produce a legal warrant authorizing their actions during the summons. The farmers have applied to register the organization with the MCA but have received no response. (CHRD)
Soldiers’ Representative Sent to Re-education through Labor
On August 27, the wife of Jin Youfa (金有发), a representative of voluntary soldiers (志愿兵) who have retired from active service, received an RTL notice issued by the Tongliao City RTL Management Committee stating that Jin has been sent to one year of RTL for “gathering crowds to disturb social order”. Jin, 46, had been a voluntary soldier for fifteen years. After he retired from active service, as part of the government’s scheme to settle retired soldiers, he was given a job at a company in Tongliao City. When the company went bankrupt a few years ago, Jin was not given another job or compensated while other types of retired soldiers were given government assistance. Since 2007, Jin has led fellow former voluntary soldiers in petitioning about their unequal treatment. (CHRD)[iv]
Persecution and Harassment of Activists
Hunan Activist Xie Fulin and Brother Formally Arrested for “Theft”
On August 24, Xie Fulin (谢福林), a democracy activist from Changsha City, Hunan Province, and his brother Xie Shulin (谢树林), were formally arrested for “theft”. On August 27, the Xie brothers met with their lawyers. Xie Fulin told his lawyer that when he was first detained, he was slapped and kicked by a fellow detainee acting with the approval of the guards. Both brothers are in ill health—Xie Fulin has high blood pressure and chronic gastroenteritis while Xie Shulin suffers from diseases affecting his liver and gall bladder. The brothers, who require regular doctors’ appointments and constant medication, are not being provided with adequate medical attention.
The crime with which the brothers are charged stems from a dispute between their neighborhood and the local power company. Xie Fulin argues that his family has obtained the permission of the government in the Furong District of Changsha, where they live, to use electricity while the dispute is being resolved. It is believed that the detention of Xie and his brother are related to Xie’s activism. Besides being a member of the banned political party Pan-Blue Alliance of Chinese Nationalists, Xie has been petitioning for years and has also advocated for the rights of fellow petitioners. (CHRD)[v]
Shanghai Activist Duan Chunfang Formally Arrested
CHRD learned on August 28 that Duan Chunfang (段春芳), a petitioner-turned-activist, was formally arrested for “obstructing official business” on July 16 by the Minhang District Procuratorate in Shanghai. The prosecution letter alleges that on July 3, Duan “persistently petitioned” a Minhang District government official, which “interrupted the normal order of government”. When five policemen arrived at the office to take her away, she “verbally abused the policemen, assaulting them and causing minor injuries”. However, Duan’s family believes that, given Duan’s poor health and her history of repeated beatings at the hands of Shanghai police, it is more likely that Duan was the victim of police violence rather than the other way around. Duan went to the government office on July 3 to obtain payment for medical expenses incurred after she was beaten and injured by individuals guarding her while she was recently under house arrest. (CHRD)[vi]
Jilin Village Representative Sent to RTL for Exposing Local Corruption
CHRD learned on August 23 that Wang Zhanhe (王占河), a village representative from Lanqi Village, Huaijia Township, Yushu City, Jilin Province was sent to one year of RTL for petitioning higher authorities regarding corrupt activities by the village’s Chinese Communist Party (CCP) Secretary. Wang was caught while petitioning in Beijing in March, at which point he was forcibly returned to Yushu City, where he was sent to RTL. He is currently held in Yinmahe RTL Camp in Jiutai District, Changchun City, Jilin. (CHRD)[vii]
Xinjiang Rights Activist Hu Jun Kidnapped
On August 25, Hu Jun (胡军), a rights activist from Xinjiang, was kidnapped in Beijing by interceptors from Changji Prison in Xinjiang Uyghur Autonomous Region. It is believed that Hu has been forcibly sent back to Xinjiang, where he is at risk of detention at Changji Prison. In 1992, Hu was sentenced to two years’ imprisonment for “fraud”. Near the end of his sentence, he was sent to Xiaba Lake Prison Mine where he was seriously injured in an accident that left him permanently disabled. Reportedly, in order to avoid responsibility for the accident, Changji Prison continued to imprison Hu beyond his sentence for thirteen years. Hu had previously escaped from Changji Prison many times and petitioned various government offices. Not only did his petitions produce no concrete results but Hu was repeatedly intercepted, beaten and sent back to the prison. Hu was eventually freed on December 31, 2008, after his case was exposed on the internet. Since then he has been petitioning in Beijing and has become a rights activist advocating for the rights of fellow petitioners. (CHRD)[viii]
Detained Fujian Activist Fan Yanqiong Still in Poor Health
On August 25, Fan Yanqiong (范燕琼), a detained human rights activist from Fujian Province, was able to meet for a second time with her lawyer. Fan is seriously ill with kidney and heart diseases, arthritis and other illnesses which have left her too weak to walk. Following requests made by her lawyer to Mawei Detention Center officials, Fan has been given treatment since late July. However, Fan’s health has not improved. Fan’s lawyer has submitted an application to the Fujian authorities for release for medical treatment on Fan’s behalf. Fan, together with Wu Huaying (吴华英) and You Jingyou (游精佑, known online as He Suoge [赫索格]) have been formally arrested for “making false charges” for posting articles online alleging official misconduct. (CHRD)[ix]
Court Continues to Delay Decision over Appeal by Legal Activist Yuan Xianchen
CHRD learned on August 25 that the Heilongjiang Provincial High Court has not responded to the appeal filed by human rights activist and “barefoot lawyer” Yuan Xianchen (袁显臣), of Jixi City, Heilongjiang Province, more than five months after the appeal was filed in early March. Yuan was found guilty on March 4 of “inciting subversion of state power” and sentenced to four years in prison and five years’ deprivation of political rights. (CHRD)[x]
Democracy Activist Hu Shigen Continues to Suffer Harassment after Release
CHRD learned on August 24 that Hu Shigen (胡石根), one of the organizers of China Freedom and Democracy Party, has been living in poverty and destitution for the past year due to discrimination and harassment because of his lengthy prison sentence. Hu was released on August 26, 2008, after serving 16 years and three months in prison, but has since been denied a residency permit (hukou), leaving him unable to obtain an ID card, medical insurance, or unemployment insurance. Hu has likewise been unable to secure a steady job: Hu was dismissed by one employer after being harassed by police while at work, and his attempts to start a street stall after losing his job were quashed by Urban Inspection Officers (chengguan), who confiscated his goods. (CHRD)[xi]
Computer of Democracy Party Member Confiscated
On August 29, Zhu Zhengming (祝正明), a member of the organizing committee of the China Democracy Party’s Zhejiang Branch, had his computer confiscated by a National Security policeman under Hangzhou City PSB, Zhejiang Province. The policeman, Cai Yueyue (蔡月月), did not provide any written authorization when he took the computer. Zhu was summoned the day before for authoring an article about an imprisoned democracy activist, Qin Yongmin (秦永敏). Zhu was convicted of “subverting state power” in 2000 and sentenced to ten years in prison. Since his early released in May 2006, Zhu has been monitored by the police. (CHRD)[xii]
Daughter of Imprisoned Activist Denied Passport
CHRD learned on August 30 that daughter of Wang Sen (王森), an imprisoned member of the China Democracy Party’s Sichuan Branch, was denied a passport to study abroad. In mid-August, when Wang’s daughter went to Tongjiang Immigration Department to apply for a passport, she saw that she was labeled “possible danger to state security, denied exit” when the official entered her ID number. This is the second time Wang’s daughter has been denied a passport. Wang’s daughter has been studying in a university in Sichuan, but she has had difficulties paying the fees due to her father’s imprisonment and her mother’s underemployment as a result of police harassment. Some of Wang’s supporters and friends had made arrangements for her to study abroad. (CHRD)[xiii]
Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment
Debarred Lawyer Tortured and Arrested in Northeastern China
CHRD learned on August 27 that Wang Yonghang (王永航), a former lawyer from Dalian City, Liaoning Province, had been formally arrested for “using a cult to damage social and legal system”. When Wang was taken into police custody on July 4, he was severely beaten, causing fractures in his right ankle. Wang was not given appropriate treatment until his ankle became seriously infected. Wang was operated on August 11 in a Dalian hospital but police had not notified Wang’s family about the operation, nor sought their authorization prior to it. Wang’s family and lawyer have not been allowed to meet Wang because, according to the police, his case involves “state secrets”. It is believed that Wang has been detained for his work defending Falun Gong practitioners. (CHRD)[xiv]
Citizens’ Rights Actions
Migrant Workers Seek Back Pay in Hubei Province
On August 26, about 120 migrant workers from Sichuan Province and Hubei Province gathered outside of the Letters and Visits Office in Qianjiang City, Hubei Province. The construction workers, who work for a property developer in Jiangcheng District, Qianjiang City, have not been paid more than eight months after the completion of the project. The staff at the Letters and Visits Office told the demonstrators to go to the court. The workers have repeatedly petitioned the Letters and Visits Office as well as the Qianjiang City government without any response. (CHRD)[xv]
Mall Workers Demand Xian Government Hand Back Control of Shares
On August 24, about 200 staff members from the former Xian Jiefang Market (now known as Kaiyuan Shopping Center) went on strike and petitioned the Xian City Government for the third time. These mall workers demanded that they have be given control over the shares that were given to them back when the mall was restructured in 1986. The workers alleged that although the mall’s stocks, now managed by the Business Bureau of Xian City government, have increased in value greatly in the last two decades, they have never been paid any dividends. (CHRD)[xvi]
Right to Housing and Land
Tea Growers Dragged Away as Developers Seize Land for Luxury Homes
On August 27, about 40 tea growers from Dazhuqiao Village, Zhuantang Town, Xihu District, Hangzhou City, Zhejiang Province were forcibly dragged away from their land by about 300 law enforcement officials. The villagers were staging a three-day sit-in to protect their tea plantations from being seized for residential development. According to the villagers, the local government sold off 200 mu (13.33 hectares) of the plantations, which are reportedly protected by national regulations as they produce the famous Xihu Longjing Tea, to Xilaideng Property Developers at a cut-rate price. The villagers said the compensation the government offered them was too low and that the government forcibly seized the land without proper legal procedures. (CHRD)[xvii]
Villager Dies During Land Seizure for Xian Subway Construction
On August 15, construction workers protected by members of the Law and Order Corps (治安队) from the Weiqu Subdistrict Office, Changan District, Xian City, Shaanxi Province, arrived at Group 3, Shuizhai Village in Changan District, and began to level the village’s farms as part of the construction of the Xian subway. The villagers alleged that the Xian government has not compensated them for the land. When they heard about the arrival of the team, over a hundred villagers massed to block the construction. Later in the day, several dozen members of the Law and Order Corps came to the village again and barged into the home of villager Zeng Yangmin (曾养民), who participated in the blockade. They attacked Zeng, his daughter and his brother with bricks and iron shovels. When the attackers were leaving, Zeng held onto their car door and scolded them. The driver then started the engine, dragging Zeng and killing him. On August 17, the villagers petitioned Xian City government for justice on Zeng’s behalf, but no action has yet been taken against the attackers. (CHRD)[xviii]
Law and Policy Watch
Draft Law on Administrative Enforcement Deliberated
According to a Xinhua report dated August 28, the Draft Law on Administrative Enforcement was deliberated for the third time by the National People’s Congress Standing Committee (NPCSC). The draft law, if passed, will regulate the use of enforcement measures by administrative departments, which include administrative detention, the freezing of money transfers and savings, confiscation of properties and others. (Xinhua)[xix]
According to commentators on official media, the draft law is intended to give some order to the use of administrative enforcement measures, which for a long time been regulated by regulations developed by administrative departments. The draft law is supposed to clearly demarcate between the relative levels of power and authority of local governments and departments and the central government in regulating administrative enforcement measures. However, CHRD is concerned that instead of regulating and limiting the use of administrative enforcement measures, the draft law might further legitimize their use and empower those departments known for their human rights abuses, such as the PSB.
One Hundred Forty-One Outdated Legal Provisions to be “Cleaned-up”
According to a Xinhua report dated August 28, the NPCSC adopted a decision to amend or delete “outdated” legal provisions. The action will involve 59 laws and 141 articles. For example, some articles in the General Principles of the Civil Law of the PRC (民 法通则) pertaining to planned economy would be deleted. (Xinhua)[xx]
Among the greatest problems with the legal system in China are the conflicts and contradictions between laws and regulations, which in turn result in chaotic and selective law enforcement. The root cause of this chaos is not only a weak legal system, but a legal system that serves political ends. For example, although the RTL system violates the Constitution, it is still widely used and the NPCSC takes no action against it. Unfortunately, the “cleaning-up” of legal provisions skirt around these major inconsistencies due to political considerations and as a result will do little to strengthen the rule of law.
People’s Armed Police Law Promulgated
On August 26, the NPCSC adopted the People’s Armed Police Law. The law stipulates the nature of the People’s Armed Police Force (PAP), its leadership and command structure and its responsibilities and rights. The new law gives the PAP the task of “handling riots, large-scale and serious violent crimes, terrorist attacks and other social security incidents”. (Xinhua)[xxi]
In recent years, governments at all levels have used the PAP to suppress rising numbers of protests, demonstrations and other collective actions by citizens to advocate for their rights. The new law will provide the government with a legal basis to use the PAP to violate citizens’ right to freedom of assembly.
Editors: David Smalls and Lin Sang
[i] CHRD, “Zan Aizong: An Analysis of the Case of Liu Yiming ‘Making up Rumors’<昝爱宗：刘逸明造谣案之分析>”, August, 25, 2009, https://www.nchrd.org/Article/Class7/200908/20090825012839_16996.html
[ii] CHRD, “Illegal Detention of 12 Hours and Beating for Filming Forced Demolition and Eviction <拍拆迁被殴打并非法拘禁12小时>”, https://www.nchrd.org/Article/Class53/200908/20090825085714_16997.html
[iii] CHRD, “Cao County Youth Detained for 150 Days for Posting a Comment, Given 16,798 in Compensation <曹县青年发帖被拘留150天 获赔16798元> August 29, 2009, https://www.nchrd.org/Article/Class53/200908/20090829231624_17080.html
[iv] CHRD, “Dismissed Soldier Activist Jin Youfa Sent to RTL <军队复转 维权人士金有发被劳教>”, August 26, 2009, https://www.nchrd.org/Article/Class53/200908/20090826205417_17024.html
[v] CHRD, “Xie Fulin Brothers Formally Arrested, Their Illnesses Deteriorate in Detention Center <谢福林兄弟被正式逮捕 在看守所 病情恶化>”, August 27, 2009, https://www.nchrd.org/Article/Class53/200908/20090827002207_17028.html
[vi] CHRD, “Shanghai Petitioner Duan Chunfang Formally Arrested, Lawyer Received the Prosecution Letter at Meeting <上海访民段春芳被正式逮捕 律师会见时拿到起诉书>”, August 28, 2009, https://www.nchrd.org/Article/fmzj/200908/20090828232048_17064.html
[vii] CHRD, “Wang Zhanhe Retailiated against for Reporting Cadre Corruption; Sent to Re-education through Labor for Petitioning <王占河举 报干部贪腐遭报复 上访被劳教>”, August 23, 2009, https://www.nchrd.org/Article/Class53/200908/20090823210217_16974.html
[viii] CHRD, “Xinjiang Rights Activist Hu Jun Kidnapped by Jichang Prison <新疆维权 人士胡军被吉昌监狱绑架>”, August 26, 2009, https://www.nchrd.org/Article/Class53/200908/20090826234819_17026.html
[ix] CHRD, “Lawyer Met with Fan Yanqiong, Who is Ill <律师会见 病中的范燕琼>”, August 25, 2009, https://www.nchrd.org/Article/Class53/200908/20090825213751_17010.html
[x] CHRD, “Rights Activist Yuan Xianchen’s Appeal Trial Delayed without Reason <维权人士袁显臣二审被无端拖延>”, August 25, 2009, https://www.nchrd.org/Article/Class18/yuanxianchen/200908/20090825123807_16999.html
[xi] CHRD, “Zhang Ming: Hu Shigen Fight for the Right to Life <章明：胡 石根为生存权而抗争>”, August 24, 2009, https://www.nchrd.org/Article/Class53/200908/20090824150509_16983.html
[xii] CHRD, “Zhejiang Democracy Party Member Zhu Zhengming’s Computer was Searched and Confiscated <浙江民主党成员祝正明的电脑被查抄>”, August 30, 2009, https://www.nchrd.org/Article/Class53/200908/20090830125319_17089.html
[xiii] CHRD, “Wang Sen’s Daughter Might Have to Quit School Due to Lack of Fees <王森女儿 可能因欠缺学费而辍学>”, August 24, 2009, https://www.nchrd.org/Article/Class53/200908/20090824202020_16988.html; CHRD, “Wang Sen’s Daughter’s Identity Cards Mark that She Endangers State Security <王森女儿身份证注明危害国家安全>”, august 30, 2009, https://www.nchrd.org/Article/Class53/200908/20090830125003_17088.html
[xiv] CHRD, “Debarred Lawyer Tortured and Arrested in Northeastern China”, August 27, 2009, https://www.nchrd.org/Article/Class9/Class10/200908/20090827172912_17039.html
[xv] CHRD, “Sichuan and Hubei Migrant Workers Gather to Qianjiang City Letters and Visits Office to Demand Wages <四川、湖北农民工集体到潜江市信访局讨工资>”, August 27, 2009, https://www.nchrd.org/Article/Class53/200908/20090827001106_17027.html
[xvi] CHRD, “Xian Former Jiefang Market Workers Demand a Return of their Shares <西安原解 放市场职工要求归还股票>”, August 26, 2009, https://www.nchrd.org/Article/Class53/200908/20090826115031_17019.html
[xvii] CHRD, “Hangzhou City Xihu District Dazhuqiao Villagers Confronted the Police for Three Days to Protect Tea Plantations and Land <杭州市西 湖区大渚桥村民为保茶山和土地与警察对峙3天>”, August 29, 2009, https://www.nchrd.org/Article/Class53/200908/20090829213539_17076.html
[xviii] CHRD, “Xian Underground Land Appropriation Led to a Death <西安地铁 征地引发命案>”, August 28, 2009, https://www.nchrd.org/Article/Class53/200908/20090828181807_17054.html
[xix] Xinhua, “<行政强制法草案向社会公开征集意见(全文) >”, August 28, 2009, http://news.xinhuanet.com/legal/2009-08/28/content_11959680.htm
[xx] Xinhua, “China Cleans-up and Amends 141 ‘Outdated’ Legal Articles <中国清理 修改141个“过时”法律条文 >”, August 28, 2009, http://news.xinhuanet.com/legal/2009-08/28/content_11957263.htm
[xxi] Xinhua, “People’s Armed Police Law Promulgated and Becomes Effective, Stipulates Armed Police’s Obligations and Rights <人民武装 警察法公布施行 武警权责明确和规范>”, August 28, 2009, http://news.xinhuanet.com/legal/2009-08/28/content_11956850.htm
