China Human Rights Briefing May 25-31, 2010
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May 25-31, 2010
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Highlights
- Homeless Rights Activist Ni Yulan and Husband Harassed, Detained in Beijing: Between May 26 and 28, Beijing human rights activist Ni Yulan (倪玉兰) and her husband were harassed on multiple occasions by Beijing police and briefly detained in a black jail to prevent the couple, who are homeless, from meeting with visiting European diplomats. Ni, a former lawyer, and her husband have been living on the streets after Ni was released following two years’ imprisonment for resisting the demolition of the couple’s Beijing home. Their home was demolished while she was in prison, and local police have threatened local hotel operators against letting Ni and her husband stay at their properties.
- Visits from US Officials, Tiananmen Anniversary Lead to Clampdown on Activists: With top officials from the US and Chinese government meeting at the beginning of the week for the US-China Strategic and Economic Dialogue and the 21st anniversary of the Tiananmen Massacre looming at the end of next week, police in Beijing and elsewhere have been busy ensuring that activists, dissidents, and other “sensitive” individuals are kept quiet. CHRD has compiled a number of reports of individuals harassed, threatened, or placed under surveillance or “soft detention” during this period.
- Police in Guangxi Village Continue to Retaliate against Villagers for Resisting Evictions: This week, CHRD learned that Gao Shifu (高世福), a village representative who has been leading villagers in their resistance against the requisition of village land by the government in Baihutou Village, Beihai City, Guangxi Province, is missing and believed to have been arrested. Beihai Village director Xu Kun (许坤) and a number of other villagers have been detained in recent weeks as well.
Contents
Arbitrary Detention
Beihai Village Representative Reportedly Arrested for Resisting Forced Eviction
Petitioner-Activist Kidnapped and Detained in Black Jail
Beijing Housing Rights Activist Ni Yulan and Husband Detained in Black Jail to Prevent Meeting with European Diplomats
Shanghai Police Hold Activist Feng Zhenghu for Three Days to Prevent Him from Visiting World Expo
Imprisoned Hunan Activist Xie Fulin Visited by Lawyer, Still in Poor Health
Freedom of Assembly
Case against Chengdu Court Protestors Sent Back for Supplementary Information
Harassment of Activists
Lawyer Tang Jitian Leaves Home to Evade Surveillance, Li Heping Interrogated Regarding Whereabouts
Tiananmen Anniversary Watch
Anhui Workers’ Rights Activist Zhou Weilin Summoned, Computer Confiscated by Police
Activists and Dissidents Face Restrictions on Liberty during US-China Dialogue in Beijing
Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
Shanghai Activist Mao Hengfeng Reportedly Mistreated in Re-education through Labor Camp
Citizens’ Actions
Mother of Yan Xiaoling Submits Application for New Autopsy
Debarred Lawyer Liu Wei Arrives in Guangxi Village to Work with Residents Facing Forced Eviction
Law and Policy Watch
State Council Urges Local Governments to Implement New Compensation Standards for Forced Evictions
Shanxi Government Adopts New Regulations Detailing Eight Types of Prohibited Petitioning
Top Law Enforcement, Judicial Organs Issue Regulations Barring Use of Evidence Obtained through Torture
Arbitrary Detention
Beihai Village Representative Reportedly Arrested for Resisting Forced Eviction
Gao Shifu (高世福), a village representative who has been leading villagers in their resistance against the requisition of village land by the government in Baihutou Village, Beihai City, Guangxi Province, has been missing since he left home on May 25. Villagers were told by workers conducing the land seizure that Gao has been arrested by the police; however, Gao’s family has not received any formal notice regarding his alleged arrest. Gao’s family members are very worried about his health since he is recovering from lung surgery, and they are also worried about that he may be subjected to torture and mistreatment in detention since he was previously beaten by individuals carrying out forced evictions. Villagers told CHRD that after detained village director Xu Kun (许坤), Gao is the next most important village leader in the resistance. (CHRD)[i]
Petitioner-Activist Kidnapped and Detained in Black Jail
On May 28, Wu Lijuan (伍立娟), a former worker at the Hubei provincial branch of the Industrial and Commercial Bank of China (ICBC), was taken away from her home and detained in a black jail by a security guard from the ICBC and two policemen from a police station in Qianjiang City, Hubei. Wu’s captors threatened that she would not be released until she signed a document pledging never to petition again. Wu, who staged a hunger strike in the black jail, was eventually released on June 1 after she signed the document. Wu has been petitioning for the last few years after she was involved in labor disputes regarding pay with the ICBC. She has also actively participated in protests organized by workers of other financial institutions. (CHRD)[ii]
Beijing Housing Rights Activist Ni Yulan and Husband Detained in Black Jail to Prevent Meeting with European Diplomats
Around 3 a.m. on the morning of May 27, Beijing housing rights activist Ni Yulan (倪玉兰) and her husband were seized by Xicheng District police and taken to a hotel near the Changqiao police station. They were released around 12 noon the same day. It is believed that Ni and her husband were held to prevent them from meeting with European diplomats who are in Beijing accompanying the president of the European Parliament on a visit to China. Ni, a housing rights activist and former lawyer, was sentenced to two years’ imprisonment for “obstructing official business” by the Xicheng District Court in Beijing on December 18, 2008, for resisting the forced demolition of her home. Ni was released on April 15, 2010, and her home was forcibly demolished while she was imprisoned. Ni and her husband have been forced to live on the streets since her release because police repeatedly harassed owners of hostels she and her husband stayed at between April 15 and 28. Since 2001, Ni has repeatedly been detained, imprisoned and tortured in retaliation for her activism, and has sustained injuries which have left her in a wheelchair. (CHRD)[iii]
On May 28, Ni and her husband were once again pressured to leave their shack by police from Dongcheng District. Ni and her husband refused, and the police eventually withdrew, but security guards remained behind and, as of the evening of May 28, were still posted near the couple’s shack. (CHRD)[iv]
Shanghai Police Hold Activist Feng Zhenghu for Three Days to Prevent Him from Visiting World Expo
On the morning of May 21, Shanghai activist Feng Zhenghu (冯正虎) left his home with two police officers who claimed they would accompany him during his visit to the Shanghai Expo. However, rather than taking Feng to the Expo, they drove him to the Wujiaochang police station, where he was held until late that afternoon. Police then transferred Feng to a hotel on the outskirts of Shanghai, where he was detained until the evening of May 23. (CHRD)[v]
Imprisoned Hunan Activist Xie Fulin Visited by Lawyer, Still in Poor Health
On May 25, lawyer Ma Gangquan (马纲权) visited imprisoned human rights defender Xie Fulin (谢福林) in Changsha City Detention Center, Hunan Province. According to Ma, Xie remains in extremely poor health. Earlier this month, Xie’s wife Jin Yan (金焰) received a phone call from a doctor at the detention center informing her that her husband’s blood pressure was dangerously high; Ma added that, during his visit, Xie’s hands and feet were swollen and discolored as a result of his illnesses. Ma was able to speak with Xie for approximately three hours. Xie has appealed his conviction and six-year prison sentence for “stealing electricity,” a case believed to be brought in retaliation against him for his rights activism. (CHRD)[vi]
Freedom of Assembly
Case against Chengdu Court Protestors Sent Back for Supplementary Information
CHRD learned on May 26 that the case against ten protestors and activists arrested following a February 2009 demonstration outside of the Chengdu City Intermediate Court in Sichuan Province has been sent back to the procuratorate for supplementary investigation. The ten were tried on April 7 in the Central District Court in Leshan City, Sichuan. According to reports, the court sent the case back to the procuratorate because of insufficient evidence; the procuratorate will have one month to provide additional materials. The ten defendants—Bao Junsheng (鲍俊生), Huang Xiaomin (黄晓敏), Xing Qingxian (幸清贤), Lu Dachun (陆大椿), Yan Wenhan (严文汉), Ceng Rongkang (曾荣康), Liu Jiwei (刘继伟), Zeng Li (曾理), Yang Jiurong (杨久荣), and Xu Chongli (徐崇丽)—stand accused of “assembling a crowd to disrupt social order” for chaining themselves together to protest what they believed to be unfair rulings handed down by the court over the years. (CHRD)[vii]
Harassment of Activists
Lawyer Tang Jitian Leaves Home to Evade Surveillance, Li Heping Interrogated Regarding Whereabouts
On May 30, National Security police from the Beijing Public Security Bureau (PSB) Chaoyang District Sub-division demanded that Beijing lawyer Tang Jitian (唐吉田) let them in his apartment. Tang, who recently had his license revoked for his human rights activism, refused. Later, Tang evaded the policemen, and left his home without bringing any of his belongings. When fellow lawyer Li Heping (李和平) went to Tang’s home the following day to get Tang’s belongings, he found that Tang’s keyhole had been blocked. Li called the police to report the vandalism, but when officers arrived on the scene they took Li in on suspicion of “theft.” Li was held in Chaoyang’s Pingfang Police Station for about three hours and interrogated about Tang’s whereabouts before he was released. It is believed that police are harassing Tang in relation to his recent efforts to fight the revocation of his lawyers’ license, and also perhaps because of the approaching anniversary of the Tiananmen Square Massacre. (CHRD)[viii]
Tiananmen Anniversary Watch
With the 21st anniversary of the Tiananmen Square Massacre one week away, police around the country have increased their annual efforts to silence dissidents and activists through harassment, intimidation, and “soft detention.” CHRD has received the following reports of individuals who had been affected by police pressure as of May 31:
- In Xi’an City, Shaanxi Province, human rights defenders Yang Hai (杨海) and Zhang Jiankang (张鉴康) were called for “tea” with National Security officers on May 26 and 28, respectively. Both Yang and Zhang were told they would be forced to travel during the period of time surrounding June 4. (CHRD)[ix]
- Suining City, Sichuan Province dissident Liu Xianbin (刘贤斌) was summoned by National Security officers on the morning of May 28. In addition to June 4, Liu was also questioned about articles he had written and posted on overseas websites, as well as his involvement with a recent seminar in Beijing regarding the case of three Fujian netizens who were imprisoned for internet postings. Police ended the questioning by warning Liu not to travel in the coming days. (CHRD)[x]
- A May 28 gathering to discuss commemorating the upcoming 21st anniversary of the Tiananmen Square Massacre in Guiyang City, Guizhou Province’s Riverside Park was disrupted by officers from the Guiyang PSB, CHRD has learned. National Security police were waiting at the site of the gathering, which was organized by members of the Guizhou Human Rights Forum, and at least 12 participants were either forced into police vehicles or forbidden from entering the grounds upon arrival. Other activists were prevented from traveling to the meeting at all, having been threatened or placed under surveillance at their homes. (CHRD)[xi]
Anhui Workers’ Rights Activist Zhou Weilin Summoned, Computer Confiscated by Police
On the morning of May 26, police in Hefei City, Anhui Province summoned workers’ rights advocate Zhou Weilin (周维林), taking him in for approximately eight hours of questioning. At 7 pm, Zhou was escorted back to his home by police, who then searched his apartment and confiscated his personal computer. According to the summons notice, Zhou was questioned on suspicion of “fabricating and distorting facts, spreading rumors, and acts which disrupt social order.” Police mainly interrogated Zhou about recent rights-defense work he and others, including dissidents Shen Liangqing (沈良庆) and Ma Lianggang (马良钢), had organized, a demonstration he and Shen held outside of a local government office on May 19, and articles he had written and posted on websites, including CHRD’s Chinese-language site. (CHRD)[xii]
Activists and Dissidents Face Restrictions on Liberty during US-China Dialogue in Beijing
With top officials from the United States and Chinese governments meeting in Beijing for the US-China Strategic and Economic Dialogue, police have stepped up efforts to monitor, harass, and control prominent activists and dissidents in the capital. Activists are concerned that this harassment may continue for some time, as a visit by members of the European Parliament follows on the heels of the US-China dialogue and the anniversary of the Tiananmen Square Massacre looms in the weeks ahead. CHRD has collected the following reports of harassment related to the Dialogue in Beijing:
- On May 24, Beijing human rights lawyer Li Xiongbing (黎雄兵) was told by police that he was “not allowed to leave his home in the coming days.” Li, who lives in Beijing’s Tongzhou District, was invited to “tea” by National Security officers that day, and is currently under soft detention and guarded by policemen at his home.[xiii]
- A Chaoyang District National Security officer contacted debarred Beijing human rights lawyer Tang Jitian (唐吉田) on May 24 and demanded that he set an appointment for a “chat” on May 25. When Tang did not respond, the officer threatened that he would summon (chuanhuan) Tang if he did not comply.
- Beijing-based writer and activist Wang Debang (王德邦) was visited at home by Beijing National Security officers on May 25, who informed him that they would return on May 26 to take him away for “travel” outside of Beijing.
- Telephone and internet service were cut off at the home of Beijing-based intellectual and activist Zhang Zuhua (张祖桦) on May 25. (CHRD)
Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
Shanghai Activist Mao Hengfeng Reportedly Mistreated in Re-education through Labor Camp
On May 24, Wu Xuewei (吴雪伟), husband of detained Shanghai activist Mao Hengfeng (毛恒凤), traveled to the Anhui Province Women’s Re-education through Labor (RTL) Camp in Hefei City, Anhui, along with a lawyer hired by the family to represent Mao. However, only the lawyer was allowed to meet with Mao. According to a message passed to her husband via her lawyer, Mao reported that she has being tortured and mistreated while detained. She added that she is currently on a hunger strike to protest her treatment. Mao’s husband is concerned that the RTL Camp is barring him from visiting with his wife to prevent him from learning of the extent of the abuse she has suffered. Mao was detained on February 24 and sent to 18 months of RTL on March 4 for “disturbing social order” outside of the Beijing Number One Intermediate Courthouse on December 25, 2009, where the sentence against writer and activist Liu Xiaobo (刘晓波) was being announced. (CHRD)[xiv]
Citizens’ Actions
Mother of Yan Xiaoling Submits Application for New Autopsy
On May 27, Lin Xiuying (林秀英), mother of deceased Fujian woman Yan Xiaoling (严晓玲), submitted an application for a new autopsy in the case of her daughter’s suspicious death. In the past, Lin has verbally requested on multiple occasions that the Minqing County, Fujian Public Security Bureau conduct a new autopsy to determine the cause of her daughter’s death, but was refused each time. Yan Xiaoling died in February 2008; the original autopsy concluded that she died from an ectopic pregnancy, but Lin believes that Yan was gang-raped and murdered by thugs connected to local police. Three Fujian activists — Fan Yanqiong (范燕琼), Wu Huaying (吴华英), and You Jingyou (游精佑) — were convicted of “slander” and sentenced to two years (Fan) or one year (Wu and You) in prison for helping Lin Xiuying post information online regarding her daughter’s case. (CHRD)[xv]
Debarred Lawyer Liu Wei Arrives in Guangxi Village to Work with Residents Facing Forced Eviction
On May 23, debarred human rights lawyer Liu Wei (刘巍) arrived in Baihutou Village, Beihai City, Guangxi Province to begin a tour designed to raise villagers’ legal knowledge and awareness of their rights. Liu, who plans to remain in Baihutou for 15 days, is focusing on villagers involved in an ongoing struggle against the local government’s plan to forcibly demolish their homes and seize their land. She will be keeping a journal of her experiences during the trip and CHRD will be posting updates from her daily on our Chinese-language website. The village has received increased attention in recent weeks as officials have detained a number of villagers, including elected village chief Xu Kun (许坤), for their roles in resisting the forced evictions. (CHRD)[xvi]
Law and Policy Watch
State Council Urges Local Governments to Implement New Compensation Standards for Forced Evictions
On May 25, the State Council issued a notice to governments at all levels requesting that they implement more rigorous standards to better protect citizens’ rights during forced evictions and demolitions. In particular, the notice focuses on compensation, calling on local governments to have new “reasonable” compensations standards in place by the end of June. The notice also calls on local governments to hold officials responsible in cases of “vicious incidents” during forced demolitions and evictions, and to monitor evictions to ensure that compensation is indeed given to the evictees. This notice comes on the heels of a number of highly-publicized cases of violent forced evictions in recent weeks. (Legal Evening News)[xvii]
While this notice will help in the ongoing effort to raise awareness of the severity of rights abuses taking place during forced evictions, until an effective and comprehensive system is designed to protect the rights of homeowners and to ensure that individuals, including those from local governments, involved in forced evictions are held legally accountable, there is little hope that citizens will enjoy any increased protections. Local officials, acting in collusion with developers, are responsible for the majority of abuses which take place during forced evictions and demolitions.
Shanxi Government Adopts New Regulations Detailing Eight Types of Prohibited Petitioning
According to a May 27 Shanxi Government report, the Shanxi Provincial People’s Congress has voted to adopt a new set of regulations governing petitioning. The regulations, which will go into effect on July 1, list eight types of “prohibited” petitioning, including “illegally gathering,” “encircling or rushing into government offices or important public spaces,” “stopping cars or hindering public transportation,” “linking up with others to petition” and similar acts. The regulations also state that criminal charges can be brought against petitioners suspected of “misrepresenting facts to frame others.” (Shanxi Government Web)[xviii]
The “prohibited” actions enumerated in these regulations are extremely broad and vague and could potentially be used as cause to deprive petitioners of their right to bring complaints against the government as well as their rights to freedom of expression and assembly. CHRD is concerned that, rather than serving to protect public order, these regulations will instead be used to justify the continued persecution of petitioners. The current Regulations on Letters and Visits already outline a number of restrictions on petitioning (for example, restricting the number of petitioners allowed to petition collectively to five) that aim to limit petitioners’ ability to exercise their civil rights or effectively seek redress.
Top Law Enforcement, Judicial Organs Issue Regulations Barring Use of Evidence Obtained through Torture
The Supreme People’s Court, Supreme People’s Procuratorate, Ministry of Public Security, Ministry of State Security, and Ministry of Justice issued a set of regulations on May 30 regarding the use of evidence in criminal cases. Most notable among the regulations was a guideline designed to address the use of torture to extract confession in criminal investigations, which stated that evidence obtained through torture could not be used as a basis for judgment in a criminal case. Defendants will also be allowed to challenge any confessions presented as evidence during court proceedings. The offices additionally released regulations specifically designed to clarify the collection, examination, and utilization of evidence in death penalty cases. (Xinhua)[xix]
As the full text of these documents has not yet been released, it is unclear how exactly evidence will be regulated in practice. But while the problem of torture to extract confessions remains a serious problem in China and any steps taken to address it are welcome developments, CHRD remains concerned that, without wide-ranging reforms to protect the independence of the judicial system and free the courts from political control, there is little hope that any such regulations will have a meaningful impact on Chinese citizens.
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. ***
Annual Report on the Situation of Human Rights Defenders in China (2009)
[i] CHRD, “Beihai City Baihutou Villager Gao Shifu Arrested for Resisting Forced Evictions (北海市白虎头村民高世福反强拆被公安抓捕),” May 30, 2010, https://www.nchrd.org/Article/Class53/201005/20100530132314_21467.html.
[ii]CHRD, “Hubei Rights Activist Wu Lijuan Missing after She Was Secretly Taken Away (湖北维权人士伍立娟被秘密抓捕后下落不明),” May 31, 2010, https://www.nchrd.org/Article/Class53/201005/20100531001541_21477.html.
[iii] “Ni Yulan and Husband Detained in Black Jail to Prevent Meeting with European Parliament President” (倪玉兰夫妇被关“黑监狱”以阻止与欧洲议长会面), May 27, 2010, https://www.nchrd.org/Article/Class53/201005/20100527112854_21412.html.
[iv] “Activist Ni Yulan Once Again Driven from Home, Personal Safety Threatened” (维权人士倪玉兰再次被驱赶，人身安全受到威胁), May 28, 2010, https://www.nchrd.org/Article/Class53/201005/20100528232937_21442.html.
[v] “Yu Zhangsheng, Why Did You Illegally Prohibit Feng Zhenghu From Attending the Shanghai Expo?” (请问俞正声，为什么非法禁止冯正虎参观上海世博会？), May 25, 2010, https://www.nchrd.org/Article/Class53/201005/20100525112211_21375.html.
[vi] “Lawyer Reaches Changsha, Visits With Hunan Activist Xie Fulin” (律师抵长沙会见湖南维权人士谢福林), May 25, 2010, https://www.nchrd.org/Article/Class18/xiefulin/201005/20100525221805_21383.html.
[vii] “Latest Development in ‘Chaingate’ Trial: Case Returned for More Information” (“链子门”案件最新进展：退回补充侦查), May 26, 2010, https://www.nchrd.org/Article/Class53/201005/20100526174913_21398.html.
[viii]CHRD, “Breaking News, Lawyer Li Heping Brought to the Police Station for Interrogations (快讯：李和平律师被带到派出所盘问), May 31, 2010, https://www.nchrd.org/Article/Class53/201005/20100531203528_21494.html.
[ix] “On Eve of June 4, Group of Xi’an Dissidents and Activists Called in for ‘Tea'” (“六四”前夕西安一批异议、维权人士遭“喝茶”), May 28, 2010, https://www.nchrd.org/Article/Class53/201005/20100528154902_21437.html.
[x] “Sichuan Dissident Liu Xianbin Summoned Again” (四川异议人士刘贤斌被传唤经过), May 28, 2010, https://www.nchrd.org/Article/Class18/Class35/201005/20100528124437_21429.html; “Liu Xianbin Twitter Serial: A Record of My Summons” (刘贤斌推特连载：再次被传唤经历), May 28, 2010, https://www.nchrd.org/Article/Class18/Class35/201005/20100528142853_21435.html.
[xi] “Guiyang PSB Escalates Pressure, Targets June 4 Commemorative Activities” (破坏纪念“6.4”活动，贵阳公安打压升级), May 29, 2010, https://www.nchrd.org/Article/liusi/201005/20100529090221_21448.html.
[xii] “Anhui Activist Zhou Weilin’s Computer Confiscated” (安徽省维权人士周维林的电脑被查抄), May 27, 2010, https://www.nchrd.org/Article/Class53/201005/20100527003123_21404.html.
[xiii] “Beijing Human Rights Lawyer Li Xiongbing Has Freedom Restricted” (北京维权律师黎雄兵被限制人身自由), May 25, 2010, https://www.nchrd.org/Article/Class53/201005/20100525104303_21374.html.
[xiv] “Persecution of Mao Hengfeng Continues in RTL Camp” (劳教所对毛恒凤的迫害在继续), May 28, 2010, https://www.nchrd.org/Article/Class18/Class77/201005/20100528133720_21433.html.
[xv] “Lin Xiuying Submits Application for New Autopsy in Case of Yan Xiaoling’s Death” (林秀英就严晓玲死亡案向闽清公安局提交重新尸检的书面申请), May 27, 2010, https://www.nchrd.org/Article/Class18/yanxiaoling/201005/20100527101332_21407.html.
[xvi] “Liu Wei Begins Travels to Spread Knowledge of Law in Baihutou Village, Beihai City” (刘巍展开北海白虎头村普法之旅), May 25, 2010, https://www.nchrd.org/Article/Class71/201005/20100525115856_21376.html; See also “Liu Wei: Baihutou, Beihai Legal Awareness Journal Entry One” (刘巍：北海白虎头普法日记（一）), May 25, 2010, https://www.nchrd.org/Article/Class71/201005/20100525121401_21377.html.
[xvii] “State Council: Local Governments Must Create ‘New’ Compensation Standards for Forced Demolitions” (国办：征地补偿 各地“补”新标准), May 25, 2010, http://www.fawan.com/html/html/2010-05/25/content_208721.htm.
[xviii] “Shanxi: Within 60 Days, Letters and Visits Items Eight Prohibited Types of Petitioning Actions to Be Handled” (山西:信访事项60日内要办结禁止八类信访行为), May 30, 2010, http://www.sxgov.cn/shanxi/shanxi_content/2010-05/30/content_476538.htm.
[xix] “Central Party Political-Legal Organs Jointly Issue Guidelines for Evidence; Stress That Each Case Must Be Able to Stand the Test of History” (中央政法机关联合发布证据规则 强调确保每一起案件经得起历史的检验), May 30, 2010, http://news.xinhuanet.com/legal/2010-05/30/c_12157659.htm.