China Human Rights Briefing April 20-26, 2010

April 27, 2010 Comments Off

China Human Rights Briefing Weekly

April 20-26, 2010

To download this week’s CHRB as a .pdf file, please click here

Highlights

Hearing Held Regarding License Revocation for Two Human Rights Lawyers: On April 22, human rights lawyers Liu Wei (刘巍) and Tang Jitian (唐吉田) attended a hearing concerning the proposed revocation of their licenses by the Beijing Bureau of Justice. Approximately 200 lawyers, activists, and petitioners gathered outside in a show of support, and fellow lawyers spoke out strongly against the government’s decision to retaliate against Liu and Tang. CHRD believes that Liu and Tang are being targeted by the authorities for their handling of “sensitive” cases and their human rights activism.

CHRD Releases 2009 Annual Report: On April 26, CHRD released our Annual Report on the Situation of Human Rights Defenders in China (2009). Citing the Chinese government’s clampdown on NGOs, activists, human rights lawyers, online citizen journalists, and whistle-blowing petitioners, the report argues that Chinese civil society is facing a serious attack. The UN Declaration on Human Rights Defenders provides the framework for the report, which argues that the Chinese government is not living up to its obligation to “protect, promote and implement all human rights and fundamental freedoms.”[i]

Contents

Freedom of Assembly. 2

One Beijing Activist Harassed, Another Missing After Applying to Protest. 2

Arbitrary Detention. 2

Jiangsu Officials Approve Arrest of Petitioner Detained en Route to Beijing. 2
Sichuan Activist Zuo Xiaohuan Criminally Detained for “Inciting Subversion”. 3
Six Shanghai Petitioners Detained by Liaison Office in Beijing. 3
Lawyers for Tan Zuoren Submit Another Application for Appeal Hearing. 3
Imprisoned Activist Hu Jia “Thin, But in Good Spirits” Says Wife Following Visit. 3
Disabled Heilongjiang Petitioner Once Again Detained in Hospital Morgue. 4
65 Year-old Petitioner Sent to RTL for Second Time. 4

Torture or Other Cruel, Inhuman, or Degrading Treatment or Punishment. 4

Shanghai Activist Mao Hengfeng Held Incommunicado. 4

Forced Eviction and Demolition. 5

Shanghai Resident Placed under Surveillance Following Forced Eviction. 5

Legal Rights. 5

Hearing on Revocation of Lawyers’ Licenses Ends without Decision, Lawyers Condemn Baseless Punishment 5
Law Firm of Lawyer Defending Fujian Netizens Ordered to Dissolve. 5

Harassment of Activists. 6

Police Summon, Search Home of Shanghai Activist Feng Zhenghu in Middle of Night. 6

Freedom of Assembly

One Beijing Activist Harassed, Another Missing After Applying to Protest

On the afternoon of April 23, Beijing human rights activist Li Jinping (李金平) traveled to the Law and Order Unit of the Beijing Municipal Public Security Bureau (PSB) to submit an application to stage a demonstration. The application, which Li drafted along with fellow activist Qi Zhiyong (齐志勇), called for protests at Beijing’s Ritan Park and Tiananmen Square from April 28 to June 6; the pair hoped to enlist the support of others in calling for an official re-evaluation of Zhao Ziyang’s legacy, the release of political prisoners, and the return of political power to the people. However, Li was pulled out of the office by police officers before he could complete his application and detained briefly in a black jail before being allowed to return home that night. Officers also arrived at Qi’s home on April 23 and warned him they would put him in jail if he “made any trouble.” On the morning of April 26, Qi was taken from his home by National Security officers; at the time of writing, his whereabouts remain unknown. (CHRD)[ii]

Arbitrary Detention

Jiangsu Officials Approve Arrest of Petitioner Detained en Route to Beijing

CHRD learned on April 26 that Wuxi City, Jiangsu Province petitioner Shen Guodong (沈果冬) has been detained after attempting to travel to Beijing to petition regarding the pending demolition of his home. On March 8, Shen was stopped at the Wuxi train station by interceptors employed by the local government, who confiscated his petitioning materials before taking him to a local black jail. Shen was released the next day and allowed to return home, but on March 10, Shen was seized at his home by police. On March 11, Shen was criminally detained for “impairing official business,” and on March 25, the Huqu District Procuratorate approved his arrest. Shen’s wife, Ding Hongfen (丁红芬) reports that, since her husband was taken away, local subdistict officials have visited her at home, promising to help her husband if she would consent to sign an agreement allowing the demolition of the couple’s home. (CHRD)[iii]

Sichuan Activist Zuo Xiaohuan Criminally Detained for “Inciting Subversion”

On April 26, Zuo Xiaohuan (左小环), a human rights activist from Mianyang City, Sichuan Province, was taken away from his home by police from Xinsheng Police Station, Santai County Subdivision, Mianyang City PSB. Police also searched his home. It later emerged that Zuo has been criminally detained for “inciting subversion of state power.” The reasons for his detention are currently unknown. Zuo is held at Santai County Detention Center in Mianyang City. Zuo, a volunteer for 64tianwang.com, a human rights monitoring website, and formerly a teacher at Dongshan Normal Academy in Sichuan Province, spent two years in Re-education through Labor (RTL) between 2006 and 2008. (CHRD)[iv]

Six Shanghai Petitioners Detained by Liaison Office in Beijing

On April 19, Changping District, Shanghai petitioners Xu Shunfu (徐顺福), Li Weiqing (李伟青), Han Xiulan (韩秀兰), Huang Xiuqin (黄秀琴), Zhu Haiqin (朱海琴), and Zhu Haijiang (朱海江) were seized while petitioning at the State Bureau of Letters and Visits Beijing by interceptors from the Beijing Liaison Office of the Shanghai Municipal Government. As of the time of writing, the six are detained in the Liaison Office. According to Xu, their identification cards have been confiscated and they are being held together in a closely-guarded room. The six were petitioning in the capital regarding the forced demolition of their homes to make way for the Shanghai Expo. (CHRD)^[v]

Lawyers for Tan Zuoren Submit Another Application for Appeal Hearing

On April 20, Beijing lawyers Pu Zhiqiang (浦志强) and Xia Lin (夏霖) submitted another application for a court hearing regarding their client Tan Zuoren’s (谭作人) appeal to the Sichuan Province High Court. Tan’s lawyers submitted an application for an appeal hearing previously but the Sichuan Province High Court denied the request on April 19. Tan is appealing his conviction on February 9, 2010 for “inciting subversion of state power.” Tan’s conviction stems from posting articles online to commemorate the 20^th anniversary of the Tiananmen Square Massacre, though many believe that Tan was also punished for conducting investigations into student deaths in the 2008 Sichuan earthquake. (CHRD)^[vi]

Imprisoned Activist Hu Jia “Thin, But in Good Spirits” Says Wife Following Visit

On April 19, Zeng Jinyan (曾金燕), wife of imprisoned human rights defender Hu Jia (胡佳), was able to visit with her husband for approximately 30 minutes. Zeng reported that Hu looked “very thin” but was “in fairly good spirits” during their meeting, at which their daughter was also present. Hu is taking medicine to treat his liver cirrhosis and subclinical hyperthyroidism, and the high fever and diarrhea which hospitalized him in late March seem to have subsided. Zeng spoke with the director of the prison hospital, who informed her that the status of Hu’s liver disease was “on the whole good.” However, the hospital has yet to provide Hu or his family with written results of medical tests performed in late March and early April. (Zeng Jinyan)^[vii]

Disabled Heilongjiang Petitioner Once Again Detained in Hospital Morgue

On April 21, Yichun City, Heilongjiang Province petitioner Chen Qingxia (陈庆霞) was once again detained in a Dailing District hospital morgue by officials from the Yichun Letters and Visits Bureau. Chen was en route to Beijing to search for her missing son when she was seized by Beijing police on April 17 and subsequently detained in various black jails and forcibly sent back to her hometown. On April 24, 2007, Chen and her 12-year-old son were intercepted by Dailing District officials while petitioning in Beijing, and in the process, interceptors lost her son. Chen subsequently suffered a series of illegal detentions and beatings which left her disabled as she tried to press officials to locate her son. In the past month, she has been detained in the same morgue on one previous occasion and has been detained as well in multiple black jails in Beijing. (CHRD)^[viii]

65 Year-old Petitioner Sent to RTL for Second Time

On April 9, Nantong City, Jiangsu Province petitioner Ji Guiying (吉桂英) was sent to one year of Re-education through Labor (RTL) for petitioning. Ji, a veteran petitioner who has been seeking redress for years after her home was forcibly demolished, was sent to RTL previously on July 31, 2008. According to the RTL notice, Ji is being punished for “disrupting public order” for planning to kneel on a board of nails as part of her petitioning activities. She was seized in Beijing on March 14, and claims that, far from planning to kneel on a board of nails, she was simply mailing petitioning materials at a post office in the capital. (CHRD)^[ix]

Torture or Other Cruel, Inhuman, or Degrading Treatment or Punishment

Shanghai Activist Mao Hengfeng Held Incommunicado

CHRD learned on April 19 that family of Mao Hengfeng (毛恒凤), a Shanghai reproductive and housing rights activist, has not been able to visit or communicate with the activist since the Shanghai Municipal Re-education through Labor (RTL) Committee decided to send her to 18 months of RTL on March 4. It is not clear where Mao is currently held. At the time of the RTL decision, Mao was held at Yangpu Detention Center in Shanghai, but she should have been transferred to a RTL camp since then. However, Mao’s husband Wu Xuewei (吴雪伟), has not received a notification regarding the transfer. Wu’s application to visit the activist has been denied and his letters to Mao are suspected to be intercepted by the officials at the Detention Center. When Mao’s lawyers requested to visit her on March 15, they were denied entry. Mao was repeatedly tortured and subjected to cruel and degrading treatment during her previous detention in the RTL camp and during her imprisonment. Mao’s family is worried that she is again subjected to torture and ill-treatment. (CHRD)^[x]

Forced Eviction and Demolition

Shanghai Resident Placed under Surveillance Following Forced Eviction

Minhang District, Shanghai resident Huang Yuqin (黄玉芹) has been under tight surveillance since April 19, CHRD has learned. Security guards have followed her whenever she leaves her home, and have prevented her from leaving on at least one occasion. Huang, whose home was demolished on March 2, stated that she had not been petitioning regarding the demolition, but has requested an administrative review and filed a couple of administrative lawsuits to challenge the decision to demolish her home, without any success, since before the demolition was carried out. The guards informed Huang that one of the reasons she was being placed under surveillance was opening of the Shanghai Expo, and on April 21 she received a notice warning her not to gather or petition on or near the Expo grounds for the next five months. Other Shanghai petitioners have received an identical notice in recent weeks. (CHRD)[xi]

Legal Rights

Hearing on Revocation of Lawyers’ Licenses Ends without Decision, Lawyers Condemn Baseless Punishment

About 200 lawyers, activists and petitioners gathered outside of the building of the Beijing Bureau of Justice (BBJ) on the morning of April 22 in a show of strong support to human rights lawyers Liu Wei (刘巍) and Tang Jitian (唐吉田), who attended a hearing concerning the proposed revocation of their licenses by the BBJ. Representatives from 14 foreign embassies—Canada, Australia, Germany, Switzerland, the UK, the US, France, Spain, the Netherlands, Norway, Sweden, Austria, the EU, and the Czech Republic—attempted to attend the hearing, but were denied entry. No decision was announced at the hearing. CHRD believes that the two are retaliated against for their human rights activism, and notes with concern the harshness of the punishment: once a lawyer’s license is revoked (吊销), s/he will be permanently barred from practicing as a lawyer. (CHRD)[xii]

Law Firm of Lawyer Defending Fujian Netizens Ordered to Dissolve

Fawei Law Firm, the law firm at which Lin Hongnan (林洪楠), defense attorney for convicted Fujian digital activist Wu Huaying (吴华英), was a partner, was informed on April 21 by the Fuzhou Bureau of Justice that it must close within 15 days. The notice received by the firm, dated April 20, gives the following explanation: in December 2009, Lin’s lawyer’s license was suspended for one year. Since Lin was a partner at the firm, and could no longer continue in that capacity without his license, the firm was obligated to name another partner to replace him. The Bureau of Justice cites Articles 22 and 53 of the Lawyers’ Law in its notice. Lin’s license was suspended in retaliation for his handling of “sensitive” human rights cases, including defending Wu Huaying, though officials cited a 2001 case in which Lin allegedly “divulged secrets” in justifying their decision. Before he went into private practice, Lin, who turns 71 this year, was a government official in Fuzhou who once headed the Lawyers’ Management Office of the Fuzhou Bureau of Justice—the same office which is now retaliating against him and his firm. (CHRD)^[xiii]

Harassment of Activists

Police Summon, Search Home of Shanghai Activist Feng Zhenghu in Middle of Night

Around midnight on April 19, five police officers unexpectedly burst into the home of Shanghai activist Feng Zhenghu (冯正虎), announcing that they were summoning him for “slandering others.” Feng was taken to the Wujiaochang Police Station in Yangpu District by one officer while the remaining four stayed behind to search his home. According to Feng, police confiscated four computers and printers, a scanner, wireless cards, and other computer equipment. He believes the summons was primarily a pretense to get him out of his home so that police could conduct the search. During the interrogation, however, police threatened Feng that they could “make him disappear like Gao Zhisheng (高智晟)” if he continued to pursue his plans to setup a “Shanghai Expo of Unjust Court Cases” during the official Shanghai Expo. He was released around 4 am. (CHRD)^[xiv]

Editors: 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. ***

News updates from CHRD

Annual Report on the Situation of Human Rights Defenders in China (2009)

[i] Declaration on Human Rights Defenders, General Assembly Resolution 53/144 (Distri. GENERAL A/RES/53/144, 8 March 1999), Article 2

[ii] “Li Jinping Summoned, Qi Zhiyong Threatened for Applying to Demonstrate” (因申请游行李金平被传唤，齐志勇被威胁), April 25, 2010, https://www.nchrd.org/Article/Class71/201004/20100425183823_20934.html; “Disabled June 4 Veteran Qi Zhiyong Loses Contact with Outside World; Zuo Xiaohuan Taken Away by Police” (六四伤残者齐志勇与外界失去联系左小环被警方带走), April 26, 2010, https://www.nchrd.org/Article/Class53/201004/20100426191246_20953.html

[iii] “Wuxi Resident Arrested for Carrying Reporting Materials to Beijing to Petition” (无锡市民因携带举报材料上京被捕), April 26, 2010, https://www.nchrd.org/Article/Class53/201004/20100426213754_20954.html

[iv] “Sichuan Dissident Zuo Xiaohuan Criminally Detained for ‘Inciting Subversion of State Power’” (四川异议人士左晓环被以煽动罪刑事拘留), Apriil 27, 2010, https://www.nchrd.org/Article/Class53/201004/20100427093914_20959.html; Zuo Xiaohuan Taken Away by Police” (六四伤残者齐志勇与外界失去联系左小环被警方带走), April 26, 2010, https://www.nchrd.org/Article/Class53/201004/20100426191246_20953.html

[v] “Urgent Alert: Many Shanghai Petitioners Detained in Beijing Liaison Office for Days” (紧急关注：上海多位访民被关押在驻京办多日失去自由), April 22, 2010, http://news.boxun.com/news/gb/china/2010/04/201004222247.shtml

[vi] “Application for Open Hearing of Appeal for Tan Zuoren and Defense Statement Sent to Sichuan High Court” (谭作人二审开庭审理申请与辩护词寄送四川高院), April 21, 2010, https://www.nchrd.org/Article/Class18/tanzuoren/201004/20100421160651_20888.html

[vii] Zeng Jinyan, ‘431 days to go until I can come home and be united with my family,’ April 21, 2010, http://zengjinyan.spaces.live.com/

[viii] “Paralyzed Petitioner Chen Qingxia Once Again Detained in Dailing, Yichun Hospital Morgue” (瘫痪访民陈庆霞再次被关入宜春带岭医院太平间中), April 21, 2010, https://www.nchrd.org/Article/Class53/201004/20100421182850_20892.html

[ix] “Ji Guiying, of Nantong City, Sent to RTL Again for Petitioning” (南通吉桂英因上访维权再次被劳教), April 20, 2010, https://www.nchrd.org/Article/fmzj/201004/20100420103124_20862.html

[x] “Shanghai Activist Mao Hengfeng not Heard from since She Was Sent to Re-education through Labor” (上海维权人士毛恒凤被劳教后音信皆无), April 19, 2010.

[xi] “As Test Run of Expo Begins, Shanghai Resident Huang Yuqin Has Movements Resticted” (世博会试运行之时，上海市民黄玉芹被限制自由), April 25, 2010, https://www.nchrd.org/Article/Class53/201004/20100425233647_20939.html

[xii] “Hearing on Revocation of Lawyers’ Licenses Ends without Decision, Lawyers Condemn Baseless Punishment,” April 22, 2010, https://www.nchrd.org/index.php/2010/04/22/hearing-on-revocation-of-lawyers-licenses-ends-without-decision-lawyers-condemn-baseless-punishment/

[xiii] “Law Firm of Lawyer Lin Hongnan, Counsel in Case of Three Fujian Netizens, Dissolved by Fuzhou Authorities” (三网民案代理律师林洪楠所在事务所被福州当局解散), April 21, 2010, http://peacehall.com/news/gb/china/2010/04/201004212353.shtml

[xiv] “As World Expo Approaches, Home of Shanghai Activist Feng Zhenghu Suddenly Searched” (世博会临近，上海维权人士冯正虎突然被抄家), April 20, 2010, https://www.nchrd.org/Article/Class53/201004/20100420123737_20865.html