Guo Feixiong and Sun Desheng Indictment

Published: July 7, 2014

Guo Feixiong (郭飞雄, pen name of Yang Maodong 杨茂东) is a pioneer of China’s rights movement. Just released in September, 2011, after serving a five-year prison term on trumped-up charges, he was criminally detained again in August, 2013, in Guangzhou. His trial is expected soon. — The editor

Guangdong Province, Guangzhou Municipal People’s Procuratorate for the Tianhe District

Indictment

GZ Tianhe Procuratorate criminal indict. (2014) No. 1343

Defendant Yang Maodong (a.k.a. Guo Feixiong), male, born August 2, 1966, ethnic Han, undergraduate university education level, ID number: 42010219660802****, place of household registration: [redacted by translators], Hanyang District, Wuhan Municipality, Hubei Province. Was sentenced on November 14 to a five-year prison term by the Guangzhou Municipal People’s Court for the Tianhe District for the crime of “illegal business operations” and was released upon completion of the prison term on September 13, 2011. Was criminally detained on August 9, 2013, by the Guangzhou Municipal Public Security Bureau Branch for the Tianhe District on suspicion of gathering crowds to disrupt order in public places. On September 11, 2013, this Procuratorate approved arrest and the arrest was carried out on September 12 of the same year by the Guangzhou Municipal Public Security Bureau Branch for the Tianhe District.

Defendant Sun Desheng (a.k.a. Sun Sihuo), male, born December 4, 1981, ID number: 42112619811204****, ethnic Han, elementary school education level, place of household registration: [redacted by translators], Qingshi Town, Qichun County, Huanggang Municipality, Hubei Province. On February 24, 2013, was administratively detained for 15 days by the Guangzhou Municipal Public Security Bureau Branch of Yuexiu District for illegal procession and assembly. On August 13, 2013, was criminally detained by Guangzhou Municipal Public Security Bureau branch for the Tianhe District on suspicion of gathering crowds to disrupt order in public places. On September 11, 2013, was placed under residential surveillance in a designated location by the Guangzhou Municipal Public Security Bureau branch for the Tianhe District. On October 16, 2013, this Procuratorate approved arrest, and the arrest was carried out on the same day by Guangzhou Municipal Public Security Bureau branch for the Tianhe District.

The Guangzhou Municipal Public Security Bureau’s Tianhe District Branch conducted and completed investigation on this case, and transferred it to this Procuratorate on December 12, 2013, for review for indictment of defendants Yang Maodong and Sun Desheng on suspicion of the crime of gathering crowds to disrupt order in public places. Upon receiving the filing, this Procuratorate notified the defendants on December 13, 2013, of their right to defense, interrogated the defendants in accordance with law, and reviewed all the materials of this case. During this process, [the case] was sent back to the Guangzhou Municipal Public Security Bureau’s Tianhe District Branch twice for supplementary investigation, and the time period for reviewing and deciding on indictment were extended three times.

Investigation in accordance with law has ascertained: At approximately 5 p.m. on January 5, 2013, defendant Yang Maodong organized accomplices Yuan Xiaohua, Yuan Bing (both of whom were indicted in separate cases) and others to gather at the Fuhua Hotel in Tianhe District, Guangzhou, and at a nearby café, where they discussed plans to raise signs and give speeches outside the gate of the Southern Weekly offices at No. 289 Guangzhou Avenue Central in Yuexiu District. From January 6 to January 9, 2013, defendant Yang Maodong and accomplice Liu Yuandong (indicted in a separate case), Yuan Xiaohua, Yuan Bing and others held signs and gave speeches outside the gate of the Southern Weekly offices, attracting large crowds of onlookers and seriously disrupting the order of the public place at the gate of theSouthern Weekly offices. Afterwards, defendant Yang Maodong published several items on overseas media sites commenting on the “Southern Weekly New Year’s Greeting Incident.”

In early April, 2013, defendants Yang Maodong, Sun Desheng conspired with accomplice Yuan Bing in their temporary residence in Changsha, Hunan province, where they made plans to “raise signs in streets” in Wuhan, Yueyang, Zhuzhou, Hengyang, Guangzhou, Shenzhen, Dongguan, and post photos online. Between April 12 and May 1, 2013, under instruction from defendant Yang Maodong, defendant Sun Desheng and accomplices Yuan Bing and others held signs in the aforementioned eight cities; and Sun Desheng also took photos in Nanning, Shanghai and other areas and posted them on internet, creating false impressions. In Yueyang and Changsha, they caused onlookers to gather and watch; in Yueyang, they obstructed police from enforcing the law and seriously disrupted order in public places.

On August 8, 2013, defendant Yang Maodong was apprehended; on August 13 of the same year defendant Sun Desheng was apprehended.

The evidence affirming the facts stated above is as follows:

Laptop computer and other physical evidence;
On-site photos and other documentary evidence;
Witness statements by Wu Yangwei and others;
Statements and defense arguments of defendants Yang Maodong, Sun Desheng, and accomplices Yuan Bing, Yuan Xiaohua and others;
Records of examinations and inspections, and records of identification; and
Video and audio materials.

This Procuratorate believes that defendants Yang Maodong and Sun Desheng disregarded the state law, and acted as ringleaders in gathering crowds to seriously disrupt order in public places , thereby violating Article 291 of the Criminal Law of the People’s Republic of China; the criminal facts are clear, the evidence is credible and sufficient, and [the defendants] should be subjected to criminal prosecution for gathering crowds to disrupt order in public places. Defendant Yang Maodong was previously sentenced to a prison term for voluntarily committing a crime; committing crimes punishable by a criminal sentence within five years after serving a sentence constitutes recidivism according to Article 65 of the Criminal Law of the People’s Republic of China, and should carry harsher penalty. In accordance with Article 172 of the Criminal Procedure Law of the People’s Republic of China, we hereby indict [the defendants] and ask [the court] to sentence them in accordance with the law.

Sincerely submitted to:

Guangdong Province, Guangzhou Municipal People’s Court for the Tianhe District

Guangzhou Municipal People’s Procuratorate for the Tianhe District (seal)

Prosecutor: Yang Fan

June 19, 2014

Attached:

Defendants Yang Maodong and Sun Desheng are currently detained the in Guangzhou Municipal Detention Center for the Tianhe District.
There are a total of 13 volumes of litigation documents, evidence, and supplementary investigation and 8 compact discs.

(Thanks to Joshua Rosenzweig and his translation of Police Indictment Opinion for Guo Feixiong & Sun Desheng. This translation of the indictment incorporated Mr. Rosenzweig’s translation where the wording is the same in the two texts.)

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Guo Feixiong: Willing to Be Cannon Fodder, Will Be a Monument, by Xiao Shu

“‘I Want to Be a Man of My Word’: A Summary of the Guo Feixiong Case and His Political Goals” by his lawyer Zhang Xuezhong

Chinese text and photos of the indictment