China Human Rights Briefing March 9-15, 2010
Comments Off on China Human Rights Briefing March 9-15, 2010To download this week’s edition of CHRB as a .pdf file, please click here
China Human Rights Briefing
March 9-15, 2010
Highlights:
- CHRD learned this week that the Mawei District Court in Fuzhou City, Fujian Province will announce a verdict in the case against activists Fan Yanqiong (范燕琼), Wu Huaying (吴华英), and You Jingyou (游精佑) on March 19. Fan, Wu, and You were tried in November 2009 for “making false accusations.” They were arrested after they posted articles online which alleged official misconduct and attempts to cover up criminal acts surrounding the rape and suspicious death of Yan Xiaoling (严晓玲), a young woman from Minqing County, Fujian Province.
- Activists on the mainland and in Hong Kong were punished this week for protests which took place during Liu Xioabo’s (刘晓波) trial for “inciting subversion of state power” on December 25, 2009. On March 11, police arrested five members of the Hong Kong Alliance in Support of Patriotic Democratic Movements of China—Leung Kwok-hung (梁国雄), Leung Kwok-wah (梁国华), Lee Yiu-kee (李耀基), Lee Cheuk-yan (李卓人), and Tsoi Yiu-cheong (蔡耀昌)—along with a sixth protestor, Koo Sze-yiu (古思尧), for “unlawful assembly.” The six, along with others, had taken part in a protest against Liu’s sentence outside of the Central Government Liaison Office in Hong Kong. In Shanghai, reproductive and housing rights activist Mao Hengfeng (毛恒凤) was sent to one year and six months of Re-education through Labor (RTL). Mao’s husband Wu Xuewei (吴学伟) received a notice from the Shanghai Municipal RTL Committee dated March 4 which stated that Mao was being sent to RTL for “disturbing social order” outside of the Beijing Number One Intermediate Courthouse on December 25 during Liu’s trial.
- On March 15, Aizhixing, a prominent HIV/AIDS organization, circulated a public letter raising concerns over new regulations issued by the State Administration of Foreign Exchange (SAFE). The regulations, effective since March 1, place more stringent requirements over NGOs when receiving foreign funding. This new regulation is believed to be targeting these increasingly-vocal organizations, and follows the closure last year of Gongmeng, a similarly outspoken NGO.
Contents
Freedom of Assembly. 3
- Police in Hong Kong Arrest Members of HK Alliance over December Protest for Liu Xiaobo. 3
- Police Interfere with Meeting on Forced Eviction in Hangzhou. 3
Arbitrary Detention. 4
- Mawei District Court to Announce Verdict in Case against Fan Yanqiong et al. on March 19. 4
- Shanghai Activist Mao Hengfeng Sent to Eighteen Months of RTL. 4
- Hubei Activist Interrogated for Close to 24 Hours in Zhejiang. 4
- Correspondence of Imprisoned Dissident Guo Quan Intercepted by Prison Officials. 5
- Detention Center Officials Refuse Lawyers’ Request to Visit Mao Hengfeng, Family Worried about Torture 5
- Suit Challenging Detention of Activist Luo Qian Rejected by Hunan Court. 5
Harassment of Activists. 5
- Harassment of Activists and Petitioners Continue as National People’s Congress Ends Session. 5
- Hubei Officials Search Home of Local Activist Yao Lifa. 8
- Hunan Officials Attempt to Prevent Wife of Deceased Deputy Mayor from Seeking Investigation. 9
- Police Interrogate Organizers of Human Rights Discussions in Guiyang. 9
- Farmers Organizer Denied Passport. 9
Freedom of Religion. 9
- Officials Disrupt Henan House Church Training Session. 9
Torture and other Cruel, Inhuman, and Degrading Treatment. 10
- Guangdong Prisoner Dies Suddenly in Detention; Family Protests. 10
- Hunan Activist Luo Qian Mistreated in RTL Camp. 10
- Imprisoned Activist Zhang Qi Forced to Perform Hard Labor. 10
Forced Eviction and Demolition. 11
- Shandong Court Hears Lawsuit against Provincial Government for Failure to Act on Reporting. 11
Citizens’ Actions. 11
- Prominent NGO Raises Concern over New Regulations Restricting Foreign Funding. 11
- Guangzhou Man Distributes Charter 08 around City. 11
Law and Policy Watch. 12
- Jiangxi Government Calls for Establishment of “Administrative Complaint Centers” at Local Levels. 12
- Supreme People’s Procuratorate Reports on Actions Taken Against “Prison Bullies” in 2009. 12
Freedom of Assembly
Police in Hong Kong Arrest Members of HK Alliance over December Protest for Liu Xiaobo
On March 11, police arrested five members of the Hong Kong Alliance in Support of Patriotic Democratic Movements of China—Leung Kwok-hung (梁国雄), Leung Kwok-wah (梁国华), Lee Yiu-kee (李耀基), Lee Cheuk-yan (李卓人), and Tsoi Yiu-cheong (蔡耀昌)—along with a sixth protestor, Koo Sze-yiu (古思尧), for attending a demonstration on December 25, 2009, to protest against Liu Xiaobo’s 11-year sentence for “inciting subversion of state power.” Police claimed the protest, which was held outside of the Central Government Liaison Office in Hong Kong, was an “illegal demonstration,” and charged the protestors with unlawful assembly. The six are scheduled to appear in court on Thursday, March 18. (CHRD)[i]
The arrests have sparked outrage in Hong Kong and the mainland, as they are clear violations of the right to peaceful assembly and widely believed to be politically motivated. A group of mainland Chinese citizens have issued a public letter protesting the arrests, available here.
Police Interfere with Meeting on Forced Eviction in Hangzhou
On March 14, in Hangzhou, Zhejiang, 1,335 owners whose properties were slated to be demolished gathered to discuss the details of the eviction and demolition. However, a large number of officials from the Hangzhou PSB, the City Administration and Law Enforcement Bureau, and the Demolition and Relocation Office arrived at the meeting site and broke up the gathering. The police summoned some attendees for questioning before the meeting and confiscated a banner to be displayed at the site. (CHRD)[ii]
Arbitrary Detention
Mawei District Court to Announce Verdict in Case against Fan Yanqiong et al. on March 19
The Mawei District Court in Fuzhou City, Fujian Province will hold an open session on March 19 to announce the verdict in the trial of Fan Yanqiong (范燕琼), Wu Huaying (吴华英), and You Jingyou (游精佑), CHRD learned on March 15. The verdict hearing announcement comes following a period of additional investigation by the Mawei District Procuratorate after the Mawei District Court stated there was “insufficient evidence” to rule following the three’s first trial on November 11, 2009. The three have been detained since summer 2009 and charged with “making false accusations” for posting articles online which allege official misconduct and attempts to cover up criminal acts surrounding the rape and suspicious death of Yan Xiaoling (严晓玲), a young woman from Minqing County, Fujian Province. (CHRD)[iii]
Shanghai Activist Mao Hengfeng Sent to Eighteen Months of RTL
Shanghai reproductive and housing rights activist Mao Hengfeng (毛恒凤) has been sent to one year and six months of Re-education through Labor (RTL), according to a Hubei-based organization, Civil Rights and Livelihood Watch (CRLW). Mao’s husband Wu Xuewei (吴学伟) received a notice from the Shanghai Municipal RTL Committee dated March 4 which stated that Mao was being sent to RTL for “disturbing social order” outside of the Beijing Number One Intermediate Courthouse on December 25, 2009—the site of Liu Xiaobo’s (刘晓波) trial. Mao was seized in Beijing on February 24 while petitioning and forcibly returned to Shanghai, where she was detained for 10 days before being sent to RTL. Mao was previously detained in an RTL Camp for a year and a half in 2004 and 2005, and later served two and a half years in prison for “intentional destruction of property” from 2006 to 2008. Mao was repeatedly tortured and subjected to cruel and degrading treatment during her detention in the RTL camp and in prison. Some believe that Shanghai authorities are hoping to make an example out of Mao, and are sending her to RTL to warn other local activists of the consequences of speaking out during the upcoming Shanghai World Expo. (CRLW)[iv]
Hubei Activist Interrogated for Close to 24 Hours in Zhejiang
Activist Mr. Xu Guangli (许光利) was held for more than 22 hours of questioning by police in Huzhou City, Zhejiang on March 12. It is believed that Xu was interrogated for supporting Wang Yi, (王译), a digital activist in Shaoxing, Zhejiang, who was summoned and had her computer confiscated for organizing a card-writing campaign for imprisoned activists on March 1. According to Xu, police questioned him extensively about his relationship with Wang, as well as his involvement with other public petitions and rights-defense activities. At the conclusion of the interrogation, police threatened Xu and warned him to leave Zhejiang. (CHRD)[v]
Correspondence of Imprisoned Dissident Guo Quan Intercepted by Prison Officials
On March 1, the mother of imprisoned dissident Guo Quan (郭泉) visited her son in Nanjing’s Pukou Prison. Guo’s mother, who reported that Guo looked “emaciated,” added that prison officials had been intercepting letters between the two of them in previous months. Because their meeting was limited to 30 minutes and conducted with police present, Guo’s mother was not able to learn any specifics about Guo’s incarceration. Guo, a former professor at Nanjing Normal University, was sentenced to 10 years in prison for “subversion of state power” in 2009 after organizing China New People’s Party, a political party. (CHRD)[vi]
Detention Center Officials Refuse Lawyers’ Request to Visit Mao Hengfeng, Family Worried about Torture
On March 15, lawyers Yang Huiwen (杨慧文) and Liu Peifu (刘培福) applied for permission to visit their client, detained Shanghai rights activist Mao Hengfeng (毛恒凤). They were told by officials at the Yangpu Detention Center in Shanghai that they could not visit Mao because she is only being housed there temporarily while awaiting a transfer to a Re-education through Labor (RTL) Camp. Mao’s husband, Wu Xuewei (吴雪伟), who accompanied the lawyers, is concerned that Mao may be subjected to torture, based on her earlier experiences in detention. Mao was sent to 18 months of RTL on March 4 for “disturbing social order” while protesting outside Liu Xiaobo’s trial in Beijing on December 25, 2009. Mao was previously detained in an RTL Camp for a year and a half in 2004 and 2005, and later served two and a half years in prison for “intentional destruction of property” from 2006 to 2008. (CHRD)[vii]
Suit Challenging Detention of Activist Luo Qian Rejected by Hunan Court
On March 15, Dai Liangming (戴亮明), wife of detained activist Luo Qian (罗茜), learned that a lawsuit she had filed on her husband’s behalf against the Shaoyang City RTL Committee had not been accepted. Officials at the Shaoyang City Intermediate Court in Hunan refused to provide her with a written notice regarding their decision, as they are required to do by law. Luo was sent to two years of RTL in January 2010 for reporting on the suspicious death of Yang Kuansheng (杨宽生), vice-mayor of Wugang City, Hunan. (CHRD)[viii]
Harassment of Activists
Harassment of Activists and Petitioners Continue as National People’s Congress Ends Session
As the annual sessions of the National People’s Congress and the National Committee of the Chinese People’s Political Consultative Conference came to a close this past weekend, CHRD documented further cases of harassment of petitioners and activists, listed here by their home provinces:
Beijing: A number of Beijing petitioners have had their movements restricted since March 1. Ms. Wang Xiuying (王秀英) and her daughter and Li Xuehui (李学会) from Xuanwu District, Ms. Li Aiyan (李爱艳) from Chongwen District, Yang Yongquan (杨永泉) and Ms. Zhang Shufeng (张淑凤) from Shunyi District, Hu Guang (胡光) from Chaoyang District, and others have all been either detained or placed under soft detention during the Two Meetings. [ix]
On March 12, CHRD learned that Beijing activist Liu Anjun (刘安军), who went missing on February 28, was taken on a forced “tourist trip” to Guilin, Guangxi under police escort. Mr. Liu is the director of Sunshine Charity, a group which an advocates for homeless petitioners in Beijing.[x] On March 14, seven individuals who claimed to be Beijing policemen arrived at Liu’s home took away four volunteers, Zheng Lin (郑琳), Huang Jingchun (黄景春), Shi Dalei (史大磊), and Liu Fengqin (刘凤琴). Liu’s wife said the seven people, who were in plainclothes, did not show any identification. Reportedly, Beijing National Security police brought Liu back to Beijing on March 14 but his whereabouts are currently unknown.[xi]
Guangxi: A group of more than 20 petitioners from Nanning, Guangxi were seized in Beijing and forcibly returned to Nanning, where they are currently being held in a black jail located in nearby Ganwei Town. According to one of the detained petitioners, the group arrived back in Nanning in the early morning hours on March 9. Members of the group reported being beaten by guards while en route. (CHRD)[xii]
Guangdong: On March 13, Liang Yongli (梁永立), a petitioner from Xinhui, Guangdong, was seized by police from the Beijing PSB Tiananmen Subdivision. A defective vaccine left Liang’s child with a permanent disability. Another parent, Yu Tongan (余同安), was scheduled to go to Beijing with Liang but was put under surveillance during the Two Meetings.[xiii]
Heilongjiang: Ms. Zhao Guirong (赵桂荣) was seized while petitioning in Beijing on March 9 and forcibly returned to Harbin, Heilongjiang, where she is currently detained in a black jail. Zhao was petitioning on behalf of her husband Xing Shiku (邢世库), who has been detained in a psychiatric institution for more than three years. Xing lost his job at a state-owned printing plant in 1992 and was detained 2 weeks in a psychiatric institution without an independent mental health appraisal, following which he began petitioning. On February 19, 2007, he was kidnapped at a guesthouse near Beijing’s South Railway Station and forcibly returned to Harbin, where he was detained in the Daowai District Psychiatric Hospital. Zhao has been detained in black jails and beaten on numerous occasions previously while petitioning for her husband’s release. (CHRD)[xiv]
Henan: On March 11, Li Jinliang (李金良), a disabled petitioner, was seized while bringing food to homeless petitioners outside of Beijing South Railway Station. As of March 11, his whereabouts were unknown. Mr. Li is from Henan and has been petitioning against local hooligans and corrupt officials since 2000. He also volunteers with Sunshine Charity, a citizens’ group a group which assists petitioners in Beijing.[xv]
Hubei: On March 2, former Qianjiang City people’s policemen Chen Xiangshi (陈湘诗), Yu Xuejun (喻学军), Liu Sihua (刘四华), Tu Xiaolong (屠孝龙) and Wei Quanhua (魏全华) were placed in detention in local black jails. The previous day, ten representatives of laid-off people’s policemen had met and drafted a notice to inform local officials that they would be petitioning in Beijing again because of the failure of the local government to resolve their problems.[xvi]
On March 4, Qianjiang petitioner Tian Guoqing (田国清) was seized in Beijing and forcibly returned home, where he was detained in a government compound. Tian has been petitioning for compensation since a wrongful conviction against him was overturned in 2002. [xvii]
On the afternoon of March 5, Qianjiang petitioner Zhang De’an (张德安) was seized in Beijing by officials from the Beijing Liaison Office of the Qianjiang Government other Qianjiang officials. That evening he was forcibly returned home. Zhang’s whereabouts is currently not known. [xviii]
Hunan: Five farmers from Hengyang County, including Hong Jifa (洪基发) and Wei Shuisheng (魏水生) were stopped while en route to the Hengyang City Train Station by a group of local policemen, government officials, and interceptors. They were returned to their homes and placed under tight surveillance to prevent them from traveling to Beijing to petition.[xix]
On March 3, 15 petitioners from Hengdong County, including Ding Shuyun (丁淑云), Xiao Shuizhen (肖水珍), and Ding Lemin (丁乐民) were accosted by police shortly after checking into a Beijing hotel. The officers confiscated the petitioners’ cell phones, and later that day the petitioners were forcibly returned to Hengdong where they were detained in a local police station for interrogation. The petitioners were in Beijing to report on local officials’ embezzlement of emergency relief funds and family planning fines. [xx]
Jiangsu: On March 14, Xu Huiping (徐汇萍) and two other petitioners from Nantong, Jiangsu, were seized in Beijing and detained at the Fuyou Street Police Station in Beijing. Xu’s family hasn’t been able to reach her ever since a phone conversation that morning. Xu, 67, is a victim of forced eviction and has been detained four times for her petitioning activities.[xxi]
Shandong: On March 8, Kong Dahua (孔大华) and three other victims of violent forced evictions in Linyi City were seized while petitioning in Beijing and detained in a black jail in the capital. [xxii]
On March 8, Qin Yuling (秦玉玲), a retired English teacher and victim of forced eviction in Linyi, Shandong, was seized by the police while petitioning in Beijing. The Beijing police handed Qing over officials in Linyi, who put Qin under administrative detention for five days.[xxiii]
Shanghai: On March 7, Shanghai petitioner Shen Jinbao (沈金宝) was detained in a police station overnight after being stopped by interceptors while en route to Beijing. On the morning of the 8th, police planned to transfer her to a local detention house, and shortly thereafter she lost contact with the outside world. She is believed to be in detention. [xxiv]
Chongming County, Shanghai petitioner Shen Guanying (沈冠英) was on a public bus in Beijing en route to visit her doctor when she was unexpectedly seized by police on March 11. Shen’s bus was stopped at Tiananmen Square when officers boarded to check passengers’ ID cards, and during the search found petitioning materials in Shen’s bag. Shen’s whereabouts are currently unknown.[xxv]
On March 12, a group of approximately 40 Shanghai petitioners, including Chen Jianfang (陈建芳), Wang Huizhen (王惠珍), and Liu Shanfu (刘善富) were seized while petitioning at the State Council Letters and Visits Office and detained in a “relief station” near the Beijing South Railway Station.[xxvi]
Zhejiang: Hangzhou petitioner Qiu Derong (裘德荣) and another petitioner traveling with Qiu were intercepted in Beijing on March 12. Their whereabouts are currently unknown.[xxvii]
Hangzhou petitioners Ye Jin’e (叶金娥), Yang Guiying (杨桂英), and Kong Qiuhua (孔秋华) have been under 24-hour surveillance, guarded by unidentified individuals, since March 1. Lou Guocheng (楼国成) and his wife were petitioning in Beijing and have lost contact with the outside world; so has Wang Li Ying (王莉英). It is believed that they are being detained. [xxviii]
Hubei Officials Search Home of Local Activist Yao Lifa
On the evening of March 15, Qianjiang City, Hubei police officers arrived at the home of local activist Yao Lifa (姚立法). Along with officials from Yao’s school and the local Department of Education, they burst into the home and began searching without producing the proper documentation. It is unclear whether they confiscated any of Yao’s belongings. Yao’s wife and baby were home at the time, but Yao was not. Yao decided against going home after school when he detected from conversations with school officials that he was to be detained again. Yao was held under “soft detention” at home during the Two Meetings in Beijing. As of the time of writing, his whereabouts are unknown, and the individuals who searched his home are standing guard outside of his home. It is believed local police are harassing Yao because they are afraid that local laid-off community-run school teachers, a group with which Yao has worked closely, are planning a protest following the suicide of a fellow teacher. (CHRD)[xxix]
Hunan Officials Attempt to Prevent Wife of Deceased Deputy Mayor from Seeking Investigation
CHRD learned on March 11 that Liu Yuehong (刘月红) has collected more than 10,000 signatures on a public petition calling for a government investigation into the suspicious death of Wugang City, Hunan Deputy Mayor Yang Kuansheng (杨宽生), Liu’s late husband. After learning of her plans to release the document to domestic and international media, officials in her hometown of Shaoyang City have cut off her telephone service and surrounded her home with dozens of police guards in an attempt to isolate her from the outside world. Yang Kuansheng died under mysterious circumstances on November 26, 2009, and though local officials declared his death a suicide, the injuries Yang sustained before his death have led many to believe that he was in fact murdered. (CHRD)[xxx]
Police Interrogate Organizers of Human Rights Discussions in Guiyang
Ahead of a planned meeting of the Guizhou Human Rights Forum in the suburbs of Guiyang City, forum organizer Chen Xi (陈西) was summoned by police. He was questioned for seven hours and released around noon on March 12. According to reports, two other Guizhou Human Rights Forum members, Wu Yuqin (吴玉琴) and Mo Jiangang (莫建刚), were also summoned. The remaining members of the Guizhou Human Rights Forum held their meeting as planned, discussing recent cases involving human rights abuses and related constitutional and legal issues, though in a different location. (CHRD)[xxxi]
Farmers Organizer Denied Passport
On March 12, Zhao Fengsheng (赵枫生), a farmers’ organizer from Yongzhou, Hunan, learned that Yongzhou officials had once again refused to issue him a passport. Zhao has applied for a passport twice since November 30 of last year, and has had his application rejected without a written explanation on both occasions. The refusal of local officials to grant him a passport violates his basic right to freedom of movement, and is yet another example of the Chinese government unreasonably harassing rights activists. (CHRD)[xxxii]
Freedom of Religion
Officials Disrupt Henan House Church Training Session
On March 11, more than 30 PSB officers and officials from the local Ethnic and Religious Affairs Committee disrupted a training session on law and theology organized by a Christian house church in Fangcheng County, Henan Province. A lawyer, Wu Chenglian (吴成莲), and two others were taken away for questioning, leading some to believe that this harassment may be related to the efforts by officials to pressure members of Beijing’g Shengshan Research Association, a Christian house church advocacy group. Both Wu and Beijing house church leader and legal scholar Fan Yafeng (范亚峰), who was summoned last week, are researchers at Shengshan. (CHRD)[xxxiii]
Torture and other Cruel, Inhuman, and Degrading Treatment
Guangdong Prisoner Dies Suddenly in Detention; Family Protests
On March 8, Zhou Lingguang (周凌光), a 35-year old man from Huazhou City, Guangdong Province, died suddenly while in detention in Guangzhou City. According to prison officials, Zhou’s heart “abruptly stopped beating;” however, family members do not believe this explanation. They suspect that Zhou was beaten to death and are demanding an independent autopsy be performed. On March 9, a group of close to 300 family members and former co-workers protested outside of the Guangzhou City Juvenile Detention Center, the site of Zhou’s death, carrying signs which read “Give us Justice!” When the family was permitted to view Zhou’s body, they reported that his corpse was completely covered except for the head, and that he was enclosed in a glass case. They were not permitted to take photographs. Prison officials have refused the family’s request to release surveillance footage from inside the detention center. Zhou was sent to one year of Re-education through Labor in 2009 for gambling, and was transferred to the Juvenile Detention Center because there was more space available for detainees at that facility. His case, the latest in a string of high-profile deaths in detention, is garnering a large amount of attention domestically. (CHRD)[xxxiv]
Hunan Activist Luo Qian Mistreated in RTL Camp
CHRD learned on March 11 that Hunan activist Luo Qian (罗茜) is being mistreated and denied proper food while detained in a Re-education through Labor Camp. Luo, who was detained for calling for an investigation into Wugang City, Hunan Deputy Mayor Yang Kuansheng’s death, told a friend by phone that he is being forced to work 16 hours a day, and only permitted four hours of sleep each night. He added that he does not have money to buy clothes or food while detained. (CHRD)[xxxv]
Imprisoned Activist Zhang Qi Forced to Perform Hard Labor
Parents of imprisoned digital activist and member of the Pan-Blue Alliance of Chinese Nationalists Zhang Qi (张起) were allowed to visit their son on March 10. According to his parents, Zhang is being forced to perform hard labor while incarcerated. Zhang has been detained since May 2008, when he was seized after helping to organize members of the Pan-Blue Alliance (an online political group that supports Taiwan’s Kuomintang Party) to provide disaster relief in areas affected by the May 12 Wenchuan Earthquake. On July 7, 2009, Zhang was convicted of “inciting subversion of state power.” He is currently detained in the Qixian County Detention Center in Chongqing. (CHRD)[xxxvi]
Forced Eviction and Demolition
Shandong Court Hears Lawsuit against Provincial Government for Failure to Act on Reporting
On March 10, a lawsuit brought by Shandong resident Zhang Fengzhou (张峰州) against the Shandong Provincial Department of Land and Resources was heard by the Lixia District Court in Jinan City, Shandong. On May 29, 2009, Zhang had reported to the Provincial Department of Land and Resources that officials in Guangrao County, Shandong were allowing a business center to be constructed on land expropriated in the name of the “public good:” county officials originally claimed the land was to be used for the expansion of a local elementary school, a medical clinic, a recreation center for local youths, and public housing. The Shandong Provincial Department of Land and Resources received Zhang’s report on June 5, but refused to register his complaints. Zhang filed an administrative litigation lawsuit in response, accusing the Provincial Department of Land and Resources of dereliction of duty and asking the court to force them to carry out an investigation into the Guangrao land case. The hearing concluded without a ruling, though the court will select a date in the future to issue its verdict. (CHRD)[xxxvii]
Citizens’ Actions
Prominent NGO Raises Concern over New Regulations Restricting Foreign Funding
On March 15, Aizhixing, a prominent HIV/AIDS organization, circulated a public letter raising concerns over the new regulations issued by the State Administration of Foreign Exchange (SAFE). The regulations, effective since March 1, place more stringent requirements over NGOs when receiving foreign funding. Article 5 of the Regulations especially target NGOs registered with the State Administration for Industry and Commerce (SAIC), requiring these organizations to submit a list of documents when receiving the funds and that banks should report to SAFE if they discover “suspicious or unusual” transfers. The letter pointed out that some of the keywords of the regulations are vaguely defined and that some of its requirements are unrealistic. Because it is nearly impossible for ordinary people to legally register their organizations with the Ministry of Civil Affairs (MCA), many register their NGOs as for-profits with the SAIC. Many prominent NGOs, such as Aizhixing and Yirenping, are SAIC-registered organizations. This new regulation is believed to be targeting these increasingly-vocal organizations. Last year, a SAIC-registered organization, Gongmeng, was declared illegal, punished with a heavy fine and its director and staff member detained briefly for “tax evasion.”
Guangzhou Man Distributes Charter 08 around City
Though the authorities continue efforts to suppress Charter 08 and its supporters, as evidenced by the raid earlier this month on activist Xie Qiang’s (谢强) home in Beijing, some citizens remain resolute and dedicated to promoting the Charter. On March 10, a CHRD affiliate encountered a middle-aged man distributing copies of Charter 08 on a public bus in Guangzhou. According to the man, he has distributed more than 10,000 copies of the Charter around Guangzhou since December 2009. (CHRD)[xxxviii]
Law and Policy Watch
Jiangxi Government Calls for Establishment of “Administrative Complaint Centers” at Local Levels
According to a March 11 Xinhua report, the Jiangxi Provincial Government has instituted a plan to construct new government offices to handle complaints against local officials. In a memo to local governments, Provincial leaders directed governments at the county level and above to establish these “administrative complaint centers” to focus on handling complaints related to development, efficacy of local government offices, and abuses of citizens’ rights and interests. However, these offices will not be able to handle complaints made against officials at a higher rank than the office itself, or complaints about which citizens have submitted lawsuits in local courts. (Xinhua)[xxxix]
These proposed centers will likely have little effect in addressing government malfeasance, as they are yet another example of Chinese officials vainly hoping that bureaucrats will take it upon themselves to solve their own problems of corruption and rights abuses. As years of experience have shown, such initiatives do not produce meaningful results. Furthermore, by forcing citizens to choose between these new centers and filing lawsuits through the judicial system, this plan actively undermines the idea that the courts may serve as a check on the government.
Supreme People’s Procuratorate Reports on Actions Taken Against “Prison Bullies” in 2009
In the 2009 work report for the Supreme People’s Procuratorate, delivered on March 11, Chief Procurator Cao Jianming (曹建明) stated that a nationwide campaign to respond to improper deaths in detention centers had resulted in the identification of 2,207 “prison bullies,” inmates who physically and psychologically intimidate and harass other inmates on the orders of prison guards. The report stated that lawsuits had been filed against 123 of these prison bullies. Cao stressed the need to “strengthen the judicial protection of citizens’ rights” in the report and called for equal emphasis to be placed on cracking down on illegal acts and protecting human rights. (Xinhua)[xl]
In 1988, more than 20 years ago, the Ministry of Security, the Supreme People’s Court, and the Supreme People’s Procuratorate issued a document called “On the Resolute Banning of ‘Prison Tyrants’ to Maintain Order in Detention Centers.” And yet, as a number of high-profile cases this year have demonstrated, violence in detention centers, and the existence of prison bullies, remains a serious issue. Guards are often fully aware of the existence of these bullies and inter-prisoner violence in detention facilities, but they do not take effective measures against such individuals. These bullies are not only tolerated, they are often used by prison authorities to harass or punish “problematic individuals”, such as dissidents and human rights defenders. CHRD believes that much father-reaching reform of the judicial and detention systems is needed to eradicate torture and inter-prisoner violence in these facilities.
Editors: Jenn Ling, David Smalls and Lin Sang
*** CHRD’s Human Rights Yearbook 2009 is now available. For a free copy, please contact us with your mailing address at crdnetwork@gmail.com. ***
Thrown Out: Human Rights Abuses in China’s Breakneck Real Estate Development
[i] “Five Hong Kong Alliance Members Arrested” (香港支联会五常委遭到拘捕), March 12, 2010, https://www.nchrd.org/Article/Class53/201003/20100312000824_20391.html
[ii] “Police Interfered with Meeting on Forced Eviction in Hangzhou, Zhejiang 杭州拆遷戶“我的房屋法作主”維權活動受阻,” March 14, 2010, https://www.nchrd.org/Article/Class53/201003/20100314181746_20450.html
[iii] “News Flash: Court Session on the 19th for Case of Fan Yanqiong and Fujian Activists in Internet Posting Case” (快讯：福建范燕琼等网贴案19日再开庭), March 15, 2010, https://www.nchrd.org/Article/Class18/fanyanqiong/201003/20100315194617_20471.html
[iv] “Shanghai Activist Mao Hengfeng Sent to One Year and Half of RTL (RTL Notice Attached)”, (上海维权人士毛恒凤被劳教一年半（附劳教书）), March 8, 2010, http://www.msguancha.com/Article/ShowArticle.asp?ArticleID=3284
[v] “Activist Xu Guangli Summoned by Huzhou National Security Officials” (维权人士许光利被湖州国宝传唤), March 12, 2010, https://www.nchrd.org/Article/Class53/201003/20100312204238_20414.html
[vi] “Guo Quan Deprived of Communication Rights while Detained” (正在服刑的郭泉被剥夺通信权), March 15, 2010, https://www.nchrd.org/Article/Class18/guoquan/201003/20100315105540_20460.html
[vii] “Detention Center Bars Lawyers from Meeting with Mao Hengfeng, Family Suspects Mao Hengfeng Being Tortured” (看 守所拒绝律师会见毛恒凤，家属疑毛恒凤遭受酷刑), March 15, 2010, https://www.nchrd.org/Article/Class18/Class77/201003/20100315124107_20462.html
[viii] “Police Search Home of Hubei Elections Expert Yao Lifa” (湖北选举专家姚立法被抄家), March 15, 2010, https://www.nchrd.org/Article/Class18/Yaolifa/201003/20100316003046_20477.html
[ix] “Activists in Six Provinces Continue to Be Detained, Placed under Surveillance during Two Meetings” (两会期间六省市维权 人士继续被监控关押), March 9, 2010, https://www.nchrd.org/Article/Class53/201003/20100309133533_20344.html
[x] “Sunshine Charity Director Liu Anhun Taken on Forced Tourist Trip to Guilin” (阳光公益发起人刘安军被当局强制在桂林旅游), March 12, 2010, https://www.nchrd.org/Article/Class53/201003/20100312104133_20393.html
[xi] “Petitioner Advocates Taken away by Police 陽 光公益義 工鄭琳等四人被警方帶走,” March 14, 2010, https://www.nchrd.org/Article/Class53/201003/20100314132332_20447.html
[xii] “Nanning, Guangxi Petitioners Intercepted and Returned to Detention in ‘Black Jail,’ Beaten” (广西南宁访民被截回 关“黑监狱”遭到殴打), March 10, 2010, https://www.nchrd.org/Article/fmzj/201003/20100310221431_20367.html
[xiii] “Parent Protesting against Defective Vaccine Seized in Beijing 新會疫苗受害家長梁永立在北京被扣留,” March 13, 2010, https://www.nchrd.org/Article/Class53/201003/20100313200649_20437.html
[xiv] “Heilongjiang Petitioner Detained in Black Jail for Petitioning During Two Meetings” (两会上访黑龙江访民被关黑监狱), March 10, 2010, https://www.nchrd.org/Article/fmzj/201003/20100310123210_20352.html
[xv] “Henan petitioner/volunteer Li Jinliang Seized 陽光公益義工河南訪民李金良被抓,” March 13, 2010, https://www.nchrd.org/Article/fmzj/201003/20100313095049_20425.html
[xvi] “Activists in Six Provinces Continue to Be Detained, Placed under Surveillance during Two Meetings” (两会期间六省市维权 人士继续被监控关押), March 9, 2010, https://www.nchrd.org/Article/Class53/201003/20100309133533_20344.html
[xvii] “Activists in Six Provinces Continue to Be Detained, Placed under Surveillance during Two Meetings” (两会期间六省市维权 人士继续被监控关押), March 9, 2010, https://www.nchrd.org/Article/Class53/201003/20100309133533_20344.html
[xviii] “Activists in Six Provinces Continue to Be Detained, Placed under Surveillance during Two Meetings” (两会期间六省市维权 人士继续被监控关押), March 9, 2010, https://www.nchrd.org/Article/Class53/201003/20100309133533_20344.html
[xix] “Activists in Six Provinces Continue to Be Detained, Placed under Surveillance during Two Meetings” (两会期间六省市维权 人士继续被监控关押), March 9, 2010, https://www.nchrd.org/Article/Class53/201003/20100309133533_20344.html
[xx] “Activists in Six Provinces Continue to Be Detained, Placed under Surveillance during Two Meetings” (两会期间六省市维权 人士继续被监控关押), March 9, 2010, https://www.nchrd.org/Article/Class53/201003/20100309133533_20344.html
[xxi] “Three Nantong Petitioners Seized by Police; whereabouts unknown南通三位訪民在京被抓下落 不明,” March 14, 2010, https://www.nchrd.org/Article/fmzj/201003/20100314183103_20452.html
[xxii] “Activists in Six Provinces Continue to Be Detained, Placed under Surveillance during Two Meetings” (两会期间六省市维权 人士继续被监控关押), March 9, 2010, https://www.nchrd.org/Article/Class53/201003/20100309133533_20344.html
[xxiii] “Linyi Petitioner Seized in Beijing 臨 沂市民秦玉玲因上訪被拘留,” March 13, 2010, https://www.nchrd.org/Article/Class71/201003/20100313234356_20441.html
[xxiv] “Activists in Six Provinces Continue to Be Detained, Placed under Surveillance during Two Meetings” (两会期间六省市维权 人士继续被监控关押), March 9, 2010, https://www.nchrd.org/Article/Class53/201003/20100309133533_20344.html
[xxv] “Blind Shanghai Resident Shen Guanying Seized on Tiananmen Square en Route to Doctor” (上海盲人沈冠英路经天安门看病被抓), March 12, 2010, https://www.nchrd.org/Article/Class53/201003/20100312173708_20410.html
[xxvi] “Forty Shanghai Petitioners Detained in Beijing Aid Station” (上海40余名访民被关北京救济站), March 12, 2010, https://www.nchrd.org/Article/fmzj/201003/20100312212035_20417.html
[xxvii] “Hangzhou Petitioner Qiu Derong Missing in Beijing” (杭州进京喊冤的访民裘德荣失踪), March 12, 2010, https://www.nchrd.org/Article/fmzj/201003/20100312113145_20398.html
[xxviii] “Activists in Six Provinces Continue to Be Detained, Placed under Surveillance during Two Meetings” (两会期间六省市维权 人士继续被监控关押), March 9, 2010, https://www.nchrd.org/Article/Class53/201003/20100309133533_20344.html
[xxix] “Police Search Home of Hubei Elections Expert Yao Lifa” (湖北选举专家姚立法被抄家), March 15, 2010, https://www.nchrd.org/Article/Class18/Yaolifa/201003/20100316003046_20477.html
[xxx] “News Flash: Yang Yuehong, Wife of Yang Kuansheng, Guarded by Dozens of Police 快讯：杨宽生妻子杨月红遭到数十名警察包围), March 11, 2010, https://www.nchrd.org/Article/Class53/201003/20100311092547_20371.html
[xxxi] “Guizhou Human Rigths Forum Leader Chen Xi Summoned (贵州人权研讨会负责人陈西被传唤), March 12, 2010, https://www.nchrd.org/Article/Class53/201003/20100312155527_20406.html and “Guizhou Site of Human Rights Action Meeting Wrecked, Many Activists Summoned” (贵 州现场维权活动被破坏，多名维权人士被传唤), March 13, 2010, https://www.nchrd.org/Article/Class53/201003/20100313000410_20421.html
[xxxii] “Passport Application of China National Farmers’ Association Member Zhao Fengsheng Rejected” (中华全国农民协会成员赵枫生申办护照被拒), March 12, 2010, https://www.nchrd.org/Article/Class53/201003/20100312171157_20409.html
[xxxiii] “Training Session of Church in Fangcheng, Henan Disrupted” (河南方城教会同工培训受到冲击), March 11, 2010, https://www.nchrd.org/Article/Class53/201003/20100311172256_20383.html
[xxxiv] “Guangzhou Man in the Prime of His Life Dies Suddenly in Detention, 300 Family Members Protest” (广州壮汉少教所离奇死亡，300余名亲属抗议), March 11, 2010, https://www.nchrd.org/Article/Class53/201003/20100311001110_20369.html
[xxxv] “Breaking News: Luo Qian Suffering Serious Mistreatment in Detention Center” (快讯：罗茜在看守所遭到严重虐待), March 11, 2010, https://www.nchrd.org/Article/Class53/201003/20100311085844_20370.html
[xxxvi] “Pan-Blue Alliance Member Zhang Qi Forced to Perform Heavy Labor in Prison” (泛蓝联盟成员张起狱中被强制超量劳动), March 12, 2010, https://www.nchrd.org/Article/Class18/zhangq/201003/20100312145200_20404.html
[xxxvii] “Zhang Fengzhou v. Shandong Provincial Department of Land and Resources Lawsuit Heard” 张峰州诉山东省国土资源厅案开庭), March 10, 2010, https://www.nchrd.org/Article/Class71/201003/20100310205649_20364.html
[xxxviii] “Guangzhou Citizen Distributes ‘Charter 08’ on Public Bus” (广州市民在公交车上发放《零八宪章》), March 12, 2010, https://www.nchrd.org/Article/lingbaxianzhang/201003/20100312202511_20413.html
[xxxix] “New Channel for Citizens to Sue Officials; Jiangxi Governments at County Level and Above Establish Administrative Litigation Centers” (“民诉官”新渠道 江西县以上政府设行政投诉中心), March 11, 2010, http://news.xinhuanet.com/legal/2010-03/11/content_13148812.htm
[xl] “China Stresses Strengthening of Judicial System to Protect People’s Rights” (中国强调加强司法对人权的保护), March 12, 2010, http://news.xinhuanet.com/legal/2010-03/12/content_13159321.htm