China Human Rights Briefing Weekly June 8-14, 2010

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China Human Rights Briefing Weekly

June 8-14, 2010

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

Highlights

  • CHRD Website Suffers Another DDOS Attack: CHRD’s Chinese-language website, https://www.nchrd.org, was once again been targeted by a Directed Denial-of-Service (DDOS) attack. The site was inaccessible between midnight on June 12 and morning of June 16. CHRD’s site was last attacked in March, and was offline for more than two weeks following that attack. As with previous attacks against the site, the origins of the current DDOS attack are not known.
  • Sichuan Provincial High Court Upholds Verdict against Tan Zuoren: The Sichuan Provincial High People’s Court announced on June 9 that it had upheld the judgment of activist and environmentalist Tan Zuoren (谭作人). Tan was convicted of “inciting subversion of state power” in February 2010 and sentenced to five years in prison, with an additional three years’ deprivation of political rights. About 50 supporters gathered outside of the Sichuan Intermediate People’s Court, where the verdict was announced. At least four supporters, including Tan’s daughter Li Chang (李畅), Chengdu activist Chen Yunfei (陈云飞) and petitioner Li Tinghui (李廷惠), were taken away by the police, while others were placed under soft detention or intercepted en route to the courthouse.
  • “Fujian Three” Appeal Hearing Held; Lin Xiuying Taken Away by Police: The appeal brought by Fan Yanqiong (范燕琼), Wu Huaying (吴华英), and You Jingyou (游精佑) was heard on June 13 by the Fuzhou City Intermediate Court. Absent from the courtroom, however, was Lin Xiuying (林秀英), mother of deceased woman Yan Xiaoling (严晓玲), who was taken away from her home in Minqing County, Fujian Province on the morning of June 12. Her whereabouts are currently unknown. Fan, Wu, and You were convicted of “slander” in April for helping Lin post information online regarding her daughter’s death. Their hearing ended without a ruling.

Contents

Harassment of Activists

Update: More Supporters Harassed, Taken Away outside of Tan Zuoren Hearing

Lawyers Li Heping, Li Xiongbing Warned by Beijing Officials Not to Join Human Rights Lawyers’ Association

Computer of Yirenping General Manager Lu Jun Hacked

Henan Activist Wang Yi Placed under Soft Detention in Local Hotel, Barred from Travelling

Arbitrary Detention

Lin Xiuying Taken Away by Police ahead of Appeal Hearing for Fujian Netizens

Xie Fulin Loses Appeal; Court Issues Ruling without Notifying Family or Lawyers

Beijing Activist Ni Yulan Briefly Detained by Police

Three Guangxi Villagers Sent to Prison for Resisting Forced Eviction; More Remain in Detention

Shanghai Activist Cao Yibao, Sent to RTL during World Expo, Reportedly Ill in Detention

Freedom of Association

Hunan Activist and Democracy Party Spokesman Liu Jian’an Missing, Believed Detained

Freedom of Expression

CHRD Website Once Again Attacked

Torture and Other Cruel, Unusual, or Inhumane Treatment

Gao Zhisheng Revealed Details of Torture and Mistreatment in Newspaper Interview before Disappearance

Law and Policy Watch

Shaanxi Provincial Government Issues Emergency Notice Regarding Forced Evictions

Harassment of Activists

Tan Zuoren’s Harsh Sentence Upheld by Sichuan High Court, Supporters Harassed and Taken Away

The Sichuan Provincial High People’s Court announced on June 9, 2010 that it had upheld the judgment of activist and environmentalist Tan Zuoren (谭作人). Tan was convicted of “inciting subversion of state power” in February 2010 and sentenced to five years in prison, with an additional three years’ deprivation of political rights, following a trial in August 2009. About 50 supporters gathered outside of the Sichuan Intermediate People’s Court, where the verdict was announced. At least four supporters, including Tan’s daughter Li Chang (李畅), Chengdu activist Chen Yunfei (陈云飞) and petitioner Li Tinghui (李廷惠), were taken away by the police. Others, such as writer Zhang Xianchi (张先痴), human rights activist Xie Yihui (谢贻惠) and intellectual Tang Shilin (唐诗琳), were either seized by police while en route to the courthouse or placed under soft detention. Plainclothes police also roughly handled supporters who tried to take pictures outside of the courthouse, and some had their cameras confiscated. (CHRD)[i]

Lawyers Li Heping, Li Xiongbing Warned by Beijing Officials Not to Join Human Rights Lawyers’ Association

On June 12, officials from the Beijing Bureau of Justice Lawyers’ Management Office called human rights lawyers Li Heping (李和平) and Li Xiongbing (黎雄兵) in for talks regarding the “Rights Defense Lawyers’ Association,” an organization first proposed by lawyer Li Subin (李苏滨) and others in May. The two were warned not to take part in any preparatory activities for the human rights lawyers’ association, and told that such an organization could never be registered. Reportedly, National Security officials in Beijing have already called Li Subin in for similar talks on a number of occasions. Li Heping and Li Xiongbing stated that they had no plans to join the proposed organization, and took the occasion instead to voice their outrage at the treatment of lawyers Tang Jitian (唐吉田) and Liu Wei (刘巍), who recently had their licenses to practice law revoked. (CHRD)[ii]

Computer of Yirenping General Manager Lu Jun Hacked

On June 13, Lu Jun (陆军), the general manager of Beijing NGO Yirenping, posted an open letter regarding a hacker attack on his computer that he had recently suffered. He wrote that, on that same day, he and his colleagues at Yirenping were notified by a hotel which they had booked for a legal training session on fighting discrimination against the handicapped that their reservation had been cancelled under pressure from the authorities. Nearly simultaneously, his computer’s antivirus software alerted him that a remote computer was attempting to make changes to his personal computer and copy documents off of his hard drive. Lu writes that he is unsure whether the attack is directed at prevented the organization from holding its planned legal training session, or whether it is an attempt to gather personal information about him. (Rights Mailing Group)[iii]

Henan Activist Wang Yi Placed under Soft Detention in Local Hotel, Barred from Travelling

CHRD learned on June 9 that Henan human rights activist Wang Yi (王译) has once again been placed under soft detention by local officials. Wang reports that she is being held at a hotel in Changyuan County, Henan Province. Wang was recently released from soft detention after she attempted to travel to Chongqing along with other activists and netizens to greet digital activist Chen Yang (陈杨) upon his release from a Re-education through Labor (RTL) camp on June 1. According to Wang, she is again being detained because police are concerned she will travel to Fuzhou City, Fujian Province to attend the June 13 hearing of the appeal brought by activists Fan Yanqiong (范燕琼), Wu Huaying (吴华英), and You Jingyou (游精佑). (CHRD)[iv]

Arbitrary Detention

Lin Xiuying Taken Away by Police ahead of Appeal Hearing for Fujian Netizens

Lin Xiuying (林秀英), mother of deceased woman Yan Xiaoling (严晓玲) and a central figure in the case where three netizens were sentenced to prison for helping her post information online regarding her daughter’s death, was taken away from her home in Minqing County, Fujian Province on the morning of June 12. The policemen who took Lin from her home did not produce any documentation which might justify their actions. Her whereabouts are currently unknown.

Lin’s abduction may be related to the appeal hearing in the case against Fan Yanqiong (范燕琼), Wu Huaying (吴华英), and You Jingyou (游精佑), which was held on June 13 in Fuzhou Intermediate Court. The three were originally convicted of “slander” by the Mawei District Court in Fuzhou City, Fujian Province on April 16. The hearing, which lasted from 8 am until 2 pm, concluded without a ruling. No witnesses were permitted to testify for the appellants, while three family members per appellant were allowed to observe the proceedings. Fan Yanqiong, who has been in very poor health, was seated in a wheelchair for the duration of the court session. During the hearing, prosecutors alleged the three negatively impacted government employees with their posts, and also accused Lin Xiuying of breaking the law, calling for her arrest (CHRD)[v]

Xie Fulin Loses Appeal; Court Issues Ruling without Notifying Family or Lawyers

CHRD learned on June 9 that Changsha human rights defender and member of the Pan-Blue Alliance of Chinese Nationalists Xie Fulin (谢福林) has lost his appeal of his conviction for “stealing electricity.” According to Xie’s family, however, the Changsha Intermediate Court upheld the verdict without convening a court hearing or notifying Xie’s lawyers or relatives. The ruling, which was issued on May 26, was only discovered by Xie’s wife Jin Yan (金焰) when she visited the courthouse on June 9. Xie’s lawyer Ma Gangquan (马纲权) stated that court violated relevant regulations by failing to publicly announce its ruling, and that by doing so, it “obviously had something to hide.” Jin, who was able to visit her husband on June 10 in Changsha City Prison, reports that he is in poor health and suffering from fainting spells. Xie suffers from high blood pressure. Xie was originally convicted along with his brother Xie Shulin (谢樹林) on March 26 and sentenced to six years in prison, one of the longest sentences handed down to a grassroots activist in recent years. CHRD believes that “stealing electricity” is a trumped-up charge used to punish Xie for his work on behalf of human rights and democracy. (CHRD)[vi]

Beijing Activist Ni Yulan Briefly Detained by Police

Shortly after 1am on June 15, police in Beijing detained human rights activist Ni Yulan (倪玉兰) and her husband, taking them to the Donghuamen police station in Beijing’s Dongcheng District. The police released the couple around 4 am as more and more netizens came to the police station demanding their release after hearing about their detention on the internet. The police said they held the couple in the police station for their own “safety,” but showed no legal documents to justify the action. 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, as police have harassed the owners of hotels where the couple has attempted to stay. Ni and her husband have been harassed by police on multiple occasions and briefly detained in a black jail during the past month. (CHRD)[vii]

Three Guangxi Villagers Sent to Prison for Resisting Forced Eviction; More Remain in Detention

On June 11, the Yinhai District Court in Beihai City, Guangxi Province sentenced three Baihutou villagers to prison for their roles in resisting forced evictions. Villagers Gao Zhenzhang (高镇章) and Gao Shihui (高世辉) were both sentenced to two years in prison for obstructing official business, while Cai Jianyue (蔡建月) was given 1.5 year for the same charge. At least three more villagers, including village chief Xu Kun (许坤), were taken into custody in May. Official news reported that these villagers have been formally arrested for “operating illegal business,” but CHRD is yet to obtain more details regarding the arrests.[viii] Local officials have been trying to requisition beachfront property upon which these villagers had operated small businesses; the villagers have accused officials of acting illegally in the pursuit of profits and failing to provide them with proper compensation. (CHRD)[ix]

Shanghai Activist Cao Yibao, Sent to RTL during World Expo, Reportedly Ill in Detention

CHRD learned on June 8 that petitioner-turned-activist Cao Yibao (曹义宝), who was sent to one year of RTL on May 29 for “disrupting public order” after being detained by police conducting ID checks outside of the Shanghai Expo grounds a month earlier, is ill in detention. Family members have been unable to visit with Cao since May 29. According to those who were detained together with her in Shanghai Public Security Bureau (PSB) Pudong District Detention Center, Cao, who looked thin, pale and had difficulties walking, was taken to a hospital on May 30 to receive treatment. According to Cao’s husband, she suffers from diabetes and high blood pressure. Cao, who is 60 years old, has been petitioning for years since her home was demolished as part of preparations for the Shanghai World Expo. She has previously been harassed, beaten, and detained on a number of occasions. (CHRD)[x]

Freedom of Association

Hunan Activist and Democracy Party Spokesman Liu Jian’an Missing, Believed Detained

Members of the China Democracy Party (CDP) Hunan Branch reported on June 10 that their spokesman Liu Jian’an (刘建安) has been missing since June 2. Liu has been unreachable by telephone, Skype, or other means of communication since that date. According to CDP members in Hunan, Liu had recently published a number of “sensitive” articles on his personal blog, and they believe that these articles, combined with his public position as the spokesperson for the CDP in Hunan, may have led police to take him into detention or otherwise take action against him. (CHRD)[xi]

Freedom of Expression

CHRD Website Once Again Attacked

CHRD’s Chinese-language website, https://www.nchrd.org, was targeted by a Directed Denial-of-Service (DDOS) attack. Beginning at midnight on June 12, and continuing through the morning of June 16, the attack rendered the website inaccessible. CHRD’s site was last attacked in March, and was offline for more than two weeks. As with previous attacks against the site, the origins of the DDOS attack are not known. (CHRD)

Torture and Other Cruel, Unusual, or Inhumane Treatment

Gao Zhisheng Revealed Details of Torture and Mistreatment in Newspaper Interview before Disappearance

Gao Zhisheng (高智晟), who has been missing since briefly reappearing in the first two weeks of April, revealed that he was treated “like an animal” for the past year and expressed concerns that he would “disappear” again, maybe even to a third country, according a new article in the South China Morning Post published on June 13. According to the article, Gao “seemed in good health and mentally fit” at the time. Gao said he was tortured for 48 hours in the past year and was constantly subjected to degrading treatment, such as being forced to sit in a fixed position for 16 hours a day, denied toilet paper, toothbrushes and showers. Gao also expressed deep concerns for his family both in China and in the United States. It is believed that the government produced Gao in a response to international pressure on his behalf, and once again “disappeared” him once that pressure eased. (CHRD)[xii]

Law and Policy Watch

Shaanxi Provincial Government Issues Emergency Notice Regarding Forced Evictions

According to a June 9 Legal Daily report, the Shaanxi Provincial Government has issued an emergency notice regarding forced evictions of residents whose homes are located on collectively-owned land in rural areas. The notice calls on local governments to ensure that evictees are provided with resettlement housing before their homes are demolished, that compensation is negotiated “with respect to the evictees’ wishes,” and that the arbitrary use of people’s policemen in forced evictions be investigated. (Legal Daily)[xiii]

While this notice touches on many of the issues at the heart of citizens’ complaints regarding forced evictions, there is little hope that such a notice will have any real effect on the actions of local officials and developers. Until the laws regarding forced evictions are comprehensively overhauled to protect citizens’ rights, and that these laws are implemented, citizens are at the mercy of the developers and the local governments and forced evictions will continue to thrive in China.

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] Tan Zuoren’s Harsh Sentence Upheld by Sichuan High Court, June 9, 2010, https://www.nchrd.org/2010/06/08/tan-zuoren%E2%80%99s-harsh-sentence-upheld-by-sichuan-high-court/ ; “Scene at Announcement of Tan Zuoren’s Verdict; Supporters and Plainclothes Officers Clash” (谭作人宣判现场 支持者与便衣发生冲突), June 9, 2010, https://www.nchrd.org/Article/Class18/tanzuoren/201006/20100609115909_21649.html

[ii] “Beijing Bureau of Justice Calls Li Heping, Li Xiongbing in for Talks Regarding Preparations for Founding of Human Rights Lawyers’ Association” (北京市司法局为筹备成立维权律师协会事与李和平、黎雄兵律师谈话), June 13, 2010, http://news.boxun.com/news/gb/china/2010/06/201006132219.shtml

[iii] “Statement of Anti-Discrimination Activist and NGO Worker Lu Jun Regarding Attacks on His Computer by Hackers, Suspicion of Ongoing Control” (反歧视公益人士、NGO工作者陆军关于电脑遭黑客攻击、疑被远程控制的声明), June 13, 2010

[iv] “Henan Activist Wang Yi Once Again Placed Under Soft Detention” (河南维权人士王译再次被软禁), June 9, 2010, https://www.nchrd.org/Article/Class53/201006/20100609222843_21653.html

[v] “Fujian ‘Three Netizens’ Case’ Second Instance Trial Opens” (福建“三网民案”二审开庭), June 13, 2010 http://www.peacehall.com/news/gb/china/2010/06/201006132001.shtml; “Fujian Victim of Injustice Lin Xiuying Kidnapped” (福建冤民林秀英被绑架), June 12, 2010, http://www.peacehall.com/news/gb/china/2010/06/201006122133.shtml.

[vi] “Original Judgment Upheld in Second Instance Trial for Xie Fulin without Knowledge of Family, Lawyers” (谢福林二审在家属与律师不知情下作出维持原判决定), June 10, 2010, https://www.nchrd.org/Article/Class18/xiefulin/201006/20100610131204_21670.html; “Ms. Jin Yan Succeeds in Meeting with Xie Fulin” (金焰女士成功会见谢福林), Juen 10, 2010, https://www.nchrd.org/Article/Class18/xiefulin/201006/20100610213359_21677.html.

[vii] “Ni Yulan Seized in the Middle of the Night, Netizens Went to Rescue” (倪玉兰半夜遭抓走,网友前往营救), June 15, 2010, http://news.boxun.com/news/gb/china/2010/06/201006151110.shtml

[viii] Beihai News Net, Six in Yintan Town Baihutou Village, Including Village Chief Xu Kun, Have Been Approved for Arrests for Operating Illegal Business (银滩镇白虎头村委主任许坤等6人 涉嫌非法经营罪被批准逮捕), June 13, 2010, http://www.bhxww.com/read-htm-tid-48699.html

[ix] “CHRD Strongly Protest the Illegal Land Requisition and Crackdown on Rights-Defending Citizens by Beihai, Guangxi Officials” (“维权网”强烈抗议广西北海当局违法强征强拆、打压维权村民), June 12, 2010, http://www.peacehall.com/news/gb/china/2010/06/201006122241.shtml.

[x] “Shanghai Activist Cao Yibao, Sent to RTL During World Expo, Suffering From Myriad Diseases” (世博期间被劳教的上海维权人士曹义宝患多种疾病), June 8, 2010, https://www.nchrd.org/Article/Class53/201006/20100608144649_21630.html

[xi] “Hunan Democracy Party Spokesman Liu Jian’an Missing for Many Days” (湖南民主党发言人刘建安失踪多日), June 10, 2010, https://www.nchrd.org/Article/Class53/201006/20100610093400_21657.html.

[xii] Paul Mooney, Beijing’s Mafia Justice for Lawyer They Won’t Lock Up but Can’t Set Free, June 13, 2010, http://www.pjmooney.com/pjmooney/Most_Recent_Articles/Entries/2010/6/13_Beijings_Mafia_Justice_for_Lawyer_They_Wont_Lock_Up_but_Cant_Set_Free.html

[xiii] “Arbitrary Use of People’s Policemen in Forced Evictions to Be Investigated” (随意动用民警参与强拆将追责), June 9, 2010, http://www.legaldaily.com.cn/bm/content/2010-06/09/content_2165823.htm?node=20734

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