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Bill of Indictment Against Rights Activist Wu Gan

January 12, 2017

 

wu-gan_via-wang-lihong

 

Tianjin Municipal People’s Procuratorate Number Two Branch

Bill of Indictment

TJ 2d Br Proc Crim Indict (2016) No. 10001

 

Defendant Wu Gan (吴淦), male, [redacted], identification card number [redacted], Han ethnicity, high school graduate, a native of Xiamen city Fujian province, administrative employee of Beijing Fengrui Law Firm (北京锋锐律师事务所), registered address [redacted], residence [redacted], placed under criminal detention by Public Security Bureau of Siming precinct of Xiamen municipality, Fujian province, on May 27, 2015, on suspicion of picking quarrels and provoking trouble and defamation. With the approval of this procuratorate, arrested by the Xiamen Public Security Bureau on July 3, 2015, on suspicion of inciting subversion of state power and picking quarrels and provoking trouble. His period of detention was recalculated on January 20, 2016, due to suspicion of the crime of subversion of state power.

Investigation of this case has been completed by the Tianjin Public Security Bureau. On August 17, 2016, it referred the case to this procuratorate for prosecutorial review of defendant Wu Gan’s culpability for the crimes of inciting subversion of state power and picking quarrels and provoking trouble. Upon jurisdiction was determined in accordance with the law, this procuratorate, on August 19, 2016, informed the defendant of his right to retain defense counsel, questioned the defendant in accordance with the law, heard the defense lawyer’s opinions, and reviewed the complete set of documents in this case. During this period the case was twice sent back to the investigating organ for additional investigation in accordance with the law, and the deadline for prosecutorial review was extended three times.

Having reviewed the case in accordance with the law, we find: 

Defendant Wu Gan has long been influenced by the infiltration of anti-China forces and gradually formed his idea of overthrowing the country’s current political and judicial system. Since 2010, Wu Gan has used the Internet to publish his ideas about subverting state power and incited people who are unaware of the truth to oppose the government. He published the online articles “Guide to Butchering Pigs,”* “Guide to Drinking Tea,”** and “Guide to Petitioners Fighting Against Forced Demolition of Homes,” and attacked institutions of the state. He accepted interviews by foreign media and posted online video lectures, promoted the so-called idea of “toppling the wall,” and willfully attacked the socialist system. He engaged in criminal activities subverting state power, such as unlawful gatherings and causing disturbances. In October 2014, Wu Gan joined the Beijing Fengrui Law Firm headed by Zhou Shifeng (who carried out activities of subversion of state power using the firm as a platform to hype sensitive cases and incidents, and who has been sentenced) and colluded with Zhou Shifeng (周世锋), Zhai Yanmin (翟岩民  who, for a long time, carried out activities of subversion of state power by unlawfully organizing petitioners to make disturbances and has been sentenced), and Li Heping (李和平 who engaged in activities of subversion of state power by using funds from certain overseas non-governmental organizations and has been dealt with separately) to strengthen the idea of subversion of state power, concentrate on hyping sensitive cases and incidents, and carry out a series of criminal activities of subversion of state power and overthrow of the socialist system, severely harming the state security and social stability. Specific facts are as follows:

  1. In April 2010, Fujian Province Fuzhou City Mawei District People’s Court reviewed a case involving false accusation and framing. During this period, defendant Wu Gan maliciously hyped up this case on the internet, inciting people to gather at the court to make disturbances and antagonize the judicial institutions of the state. On the date of hearing, Wu Gan hung banners and shouted slogans with others outside of the court and posted video on the Internet, severely affecting the People’s Court in its examination of the case according to the law, smearing the image of the judicial institution, and creating bad political effects both at home and abroad.
  1. In April 2012, defendant Wu Gan was involved in a dispute in connection with relocation compensation in Jin’an District, Fuzhou City, Fujian Province. From April to August of the same year, Wu Gan several times organized many people to put up banners and set up tents in front of the Fuzhou Urban and Rural Construction Committee. He posted slogans on houses to be torn down, insulted and verbally abused the Jin’an District director on the Internet, and severely harmed the image of the government and of state employees and instigated people who did not know the facts to oppose the government.
  1. In September 2012, Fujian Province Fuqing City Public Security Bureau investigated by law a case involving official embezzlement. During the investigation, defendant Wu Gan stirred up trouble by holding up signs in front of the Fuqing Public Security Bureau, and online many times wantonly insulted and verbally abused the director of the Public Security Bureau and police officers, and called the martyr who died on duty a “protector of the criminal underworld.” Through these actions he severely harmed the image of the public security apparatus and people’s police, and instigated hatred against state institutions by people who were unaware of the truth.
  1. On March 22, 2014, the Heilongjiang Province, Jiansanjiang Wasteland Reclamation Public Security Bureau administratively detained people involved in disturbing social order. Defendant Wu Gan and others organized a so-called “Jiansanjiang Citizen Solidarity Rescue Group,” published a “Fundraising Proposal for Citizen Rescue,” and acted as the fundraising contact person and supervisor, and encouraged others to illegally gather in Jiansanjiang and create disturbances. Some lawyers and petitioners subsequently unlawfully gathered in front of Jiansanjiang Wasteland Reclamation Public Security Bureau and at Qixing Detention Center to sit in, shout slogans, display banners, and hype up the incident on the internet to defame and attack the institutions of state authority. Wu Gan then published on the Internet personal information of police officers, and asked people to do a “human flesh search” and issued a “most wanted reward notice.” He also insulted and verbally abused public security and police officers, and incited resistance to the state, creating a bad political influence at home and abroad.
  1. In May 2014, Hunan Province Huaihua City Intermediate People’s Court heard a case concerning gathering a crowd to disturb the social order. During the trial, defendant Wu Gan together with Li Heping attempted to hype the case in Mayang County, Huaihua City. From May 20 to 21, Wu Gan held up a sign in front of the Mayang County government headquarters, and submitted a letter of complaint to the Huaihua City People’s Procuratorate, slandering and defaming the county’s Communist Party secretary. He then continued to hype this case on the internet, inciting people who did not know the truth to resent the socialist system with Chinese characteristics.
  1. In May 2014, Henan Province Zhengzhou City Public Security Bureau conducted an investigation of related people involved in disrupting public order. Defendant Wu Gan, together with Zhai Yanmin and others, hyped up antagonism toward the case and numerous times sought fundraising support online. In July of the same year, some lawyers and visiting petitioners gathered illegally in front of the Zhengzhou No. 3 Detention Center to sit-in and hold a hunger strike. They hung banners and shouted slogans, unreasonably demanding the release of the detainees. They maliciously publicized the incident online, slandering and attacking government organs. During this period, Wu Gan issued on the internet the so-called “Award Order” and “Wanted Order,” and carried out so-called “performance art” in front of the detention center to insult and slander the Public Security Bureau director and incite people who didn’t know the facts to resent state organs and thereby created an adverse effect at home and abroad.
  1. In September 2014, Beijing Municipal Changping District Justice Bureau held a hearing on an administrative penalty case. Defendant Wu Gan went online to encourage other people to gather illegally at the hearing. At the scene, he also held up posters insulting the Justice Bureau and Lawyers Association, verbally abused police officers on duty, and shouted slogans and blocked the entrance with others, creating serious chaos at the scene. Upon learning that related people had been administratively detained by the public security organs, Wu Gan maliciously published blog posts with a great number of photos humiliating police officers to slander and attacking the government.
  1. In December 2014, a civil case handled by the Beijing Fengrui Law Office was settled upon mediation by the court. On instructions from Zhou Shifeng, defendant Wu Gan and Xie Yuandong (谢远东 who was dealt with in another case) went to the Dali Bai Ethnic Minority Autonomous Prefecture, Yunnan Province, to publicize this case. Between January 7 and 12, 2015, Wu Gan attacked the judicial organs and defamed the judicial system by putting up big-character posters at the Prefecture People’s Government, People’s Procuratorate, Intermediate People’s Court, and other places, and by driving a vehicle with big-character posters inside and outside of the court to make provocations. He also maliciously stirred up trouble on the internet, attempting to incite people who did not know the truth to resent China’s socialism-with-Chinese-characteristics judicial system.
  1. On December 3, 2013, two people were killed during a home demolition in Huqiu District, Suzhou City, Jiangsu Province. In January 2014, defendant Wu Gan attended a so-called “Suzhou Urbanization and Demolition Symposium.” It slandered this case, and attacked our country’s system, inciting hatred against the socialist system. From January-February 2015, Wu Gan learned that this and a related case were starting. He actively started organizing fundraising online, maliciously created a disturbance, and incited people who didn’t know the facts to come to Suzhou to illegally assemble, stir up trouble and oppose the government.
  1. In March 2015, Hebei Province Baoding City Mancheng District People’s Court heard the Beijing Fengrui Law Firm representative’s extortion case. During the hearing, defendant Wu Gan took instructions from Zhou Shifeng and fabricated a rumor about “Injustice Caused by the Baoding Municipal Communist Party Politics and Law Committee” and other rumors, and created a malicious disturbance online, stirring up resentment against China’s socialism-with-Chinese-characteristics judicial system among people who didn’t know the true circumstances.  
  1. On May 2, 2015, a police officer was attacked in the Qing’an County, Heilongjiang Province Railway Station waiting room, and the officer then shot and killed the attacker. After this incident, defendant Wu Gan published many blog posts distorting the facts of this event, concocting rumors that the attacker was a petitioner and the police opened fire to prevent him from traveling to petition the government. Wu Gan incited others to come to Qing’an County to unlawfully protest. Afterward he published online a so-called “Qing’an Incident Investigation Report,” disseminated falsehoods, and instigated people who didn’t know the facts to oppose the government.  
  1. In May 2015, the Higher People’s Court of Jiangxi Province convened a criminal appeal hearing. From May 18-19, defendant Wu Gan made a malicious disturbance online and afterward loudly abused and insulted the judge in front of the court and erected a “mourning hall,” blackening the image of judicial organs and vilifying and attacking the nation’s legal system.

On May 27, 2015, defendant Wu Gan was arrested and brought to justice.

The principal evidence of the above facts includes: 1. Material and documentary evidence such as big-character posters and criminal court judgment; 2. Testimony of witnesses Zhai Yanmin and Xie Yuandong, etc.; 3. Inspection reports and evaluative opinions; 4. Written notes of searches, detention, and examinations; 5. Video and audio material and digital data; 6. Defendant Wu Gan’s deposition and defense.

This court believes that defendant Wu Gan organized, plotted, and implemented the crime of subverting state power and overturning the socialist system. His actions violated Article 105(1) of the Criminal Law of the People’s Republic of China. The criminal facts are clear and the evidence is reliable and abundant. He should be held responsible for the crime of subverting state power. 

Prosecution is brought in accordance with Article 172(2) of the Criminal Procedural Law of the People’s Republic of China. Please sentence in accordance with the law.

 

To: Tianjin Number Two Intermediate People’s Court

Prosecutor: Guan Ning

Acting Prosecutor: Sheng Guowen

Acting Prosecutor: Cao Jiyuan

December 23, 2016

 

 

Translator’s notes:

*Guide to Butchering Pigs (《杀猪宝典》) is Wu Gan’s guide to confronting human rights violators, including collection of personal information, and strategies and techniques of effective activism. The Guide, first posted in 2012, has been very popular and its tactics widely adopted by activists.

**Guide to Drinking Tea (《喝茶宝典》) is Wu Gan’s guide to how to cope with police interrogations, which often is given the euphemism of “drinking tea.” He details strategies and tactics on how to overcome fear, and how to give as little information as possible.

***Guide to Petitioners Fighting Against Forced Demolition of Homes (《访民杀猪宝典》). In this Guide, Wu Gan, who has worked with many petitioners whose homes have been demolished illegally and by force, instructs petitioners how to fight for their rights by exposing officials, making use of the law, and staging effective activism.

 

《吴淦起诉书》原文

 


Related:

Wu Gan the Butcher, July, 2015.

 

 

 


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