Yin Xu’an (尹旭安)

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Yin Xu’an (尹旭安)

Yin Xu’an   尹旭安

Yin Xu’an 尹旭安

Crime: Picking quarrels and provoking trouble

Length of Punishment: 3.5 years

Court: Daye City People’s Court, Hubei

Trial Date: September 13, 2016

Sentencing Date: May 27, 2017

Dates of Detention/Arrest: July 28, 2015 (detention); September 26, 2015 (arrest)

Place of Incarceration: Daye City Detention Center, Hubei Province

Background Information

Hubei activist Yin Xu’an has been detained in connection with the “709 Crackdown” on human rights lawyers and their supporters. Police seized Yin three days after he and other activists, including Wang Fang, had publicly shown support for activist Wu Gan (a.k.a. “The Butcher”), who was detained in late May 2015. Yin and the group wore t-shirts with Wu’s image in front of the Yellow Crane Tower in Wuhan on July 25, 2015, and then posted photos online of this activity. Yin was first reportedly issued a 15-day administrative detention, but police did not release him once the punishment ended on August 13. Police then told Yin’s family that he was given an additional 10-day punishment for “fighting” in the detention house. When relatives went to see Yin on August 23—the day he presumably would have been released—police said that he had been placed under criminal detention on suspicion of “picking quarrels and provoking troubles,” but the family was not given official notification. At that time, police transferred him to Daye City.

Prosecutors formally charged Yin on an unknown date in March 2016. His case was transferred to the Daye City People’s Court. The trial had initially been set for August 18, 2016, but authorities postponed it two days before the hearing was set to start. Authorities tried Yin on September 13, in a hearing that his family were not allowed to attend the trial, no advance public notice was made, and the courthouse was surrounded by a heavy police presence. No verdict was announced at the end of the trial. According to his lawyer Lin Qilei (蔺其磊), the accusation against Yin claim that he also participated in demonstrations around “sensitive” topics in addition to the Wu Gan protest, including memorials for dissident Lin Zhao, detained HRD Liu Ping, and outside the trial of Fan Mugen, whose supporters say had been wrongfully accused. He argued such actions were constitutionally protected acts of free speech and peaceful assembly.

After Yin was seized in July 2015, Hubei police held him incommunicado for 10 months, during which he was allegedly tortured. In January 2016, one of his lawyers filed a complaint with the Huangshi City People’s Procuratorate on the denial of legal counsel in the case, but the procuratorate took no action. Yin was eventually granted a meeting with his lawyer in May 2016, when he told his lawyer Lin Qilei about torture he had suffered in detention. Yin said he has repeatedly been physically assaulted by fellow inmates and also abused by guards, especially after he filed an application to have a police officer removed from his interrogation. Yin also suffers from high blood pressure and heart problems, but officials have denied his request for a comprehensive physical exam. His lawyer said after Yin’s September trial hearing that Hubei No. 3 People’s Prosecutor refused to investigate his complaints regarding the denial of access to his client, and the failure of the detention center to provide Yin with adequate medical treatment. Authorities have prevented Yin’s family and supporters from depositing money into his account at the detention center.

Yin Xu’an, born in August 1974, is a petitioner-turned-activist from Daye City in Hubei. He began petitioning in 2007 over a dispute with the local government. Initially, authorities detained him in black jails, but in 2009 Yin received a two-year Re-education through Labor punishment for applying for permission to hold a demonstration during US President Barack Obama’s visit to Beijing. In 2012, Yin began to take part in human rights campaigns, including protests around the Chinese Communist Party’s 18th Party Congress, and later in demonstrations calling for the release of prisoners of conscience.

Further Information

Individuals Affected by July 9 Crackdown on Rights Lawyers, CHRD

China: Free Rights Lawyers, Respect Rule of Law, July 7, 2016, CHRD (中文)

China: Investigate Alleged Torture of Detained Rights Defender Yin Xu’an, May 12, 2016, CHRD

Politically Charged Arrests in China Escalate Persecution of Rights Lawyers, January 14, 2016, CHRD

[CHRB] What Happened to the Detained Lawyers: 18 Held in Secret & Several Accused of “Endangering National Security” (8/12-20/2015), CHRD

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