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Six Key Phrases to Construct Civil Society

Xu Zhiyong, November 19, 2017

 

Dr. Xu Zhiyong (许志永) was released on July 15, 2017 after serving four years for organizing social movements such as the New Citizen Movement and the equal education rights campaign.  He is a 44-year-old legal scholar, a pioneer of China’s rights defense movement, and a founders of the Open Constitution Initiative (Gong Meng 公盟) in 2003 which offers legal assistance to the disempowered and the wronged. — The Editors

 

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A recent photo of Xu Zhiyong.

 

After getting out of prison I discovered a pessimistic sentiment in many of my friends. Some of them fled China. Others said that the Chinese people aren’t worth saving. With this totalitarian surveillance state and its repressed people, it feels like history is running in reverse. But I’m an optimist at heart and I remain optimistic. I see that authoritarianism is actually weakening, while the strength of liberty and democracy is on the rise. More and more citizens have woken up.

The authoritarian ideology, once powerful beyond compare, is in rout. The last few years have seen challenges to economic growth and nationalism—the pillars of legitimacy in the age of reform and opening up [China’s economic and social reforms beginning in the 1980s]. The economy is in recession, and nationalism has met with setbacks in the Diaoyu Islands and along the Sino-Indian frontier. Confucianism and other aspects of traditional Chinese culture are incompatible with Communism. A privileged class predicated on profit is sure to be brittle and weak. As we can see from the example of Yuan Shikai (袁世凯),* rule by vested interests betrays the current of history. When the time comes, it collapses overnight.

China’s finances are in a bad way. The economy relies on a monetary policy of forced stimulation that has reached a dead end. Endless sums are created, lent, and spent on inefficient infrastructure investments, betraying the principles of economics and making financial crisis unavoidable. The split Party and civil administration are almost like a double government, the hierarchies are multitudinous, and the burden upon the people is among the highest in the world. State revenues decrease while the cost of maintaining stability rises rapidly. Just like the imperial dynasties in their final years, today’s financial situation is dire.

However, the biggest uncertainty comes from the central leadership. Chinese officials are unenthusiastic and shirk their responsibilities by deferring everything to orders from above. Totalitarian systems are doomed to grow weaker over the generations as factional compromise saps the regime’s core strength and places mediocrities in positions of power. Even if there is someone who wants to restore the old order, his efforts will lead nowhere. He is ridiculed, not revered, by the majority. The leader is the greatest uncertainty of the system and indeed of the entire country.

Meanwhile, society is marching forward. Private wealth is increasing. Technology is improving, the world is becoming one. Pro bono lawyers, entrepreneurs of social care, independent intellectuals, and victims of the powers-at-large, the number of awakened Chinese citizens has increased during these four years [while I was in prison].

But we are still relatively scattered. How to concentrate the powerful energy of civil society is an urgent task that demands our full responsibility.

What does China need most for its social transformation? A mature civil society. If there is a mature civil society, we will incur fewer costs and a beautiful future awaits. Revolution is not the design of any one individual. Our responsibility is not to knock down walls—though of course, living freely and candidly is equal to knocking down walls. It would be irresponsible for us to wait for change. Our responsibility lies in construction, constructing ourselves as a civil body.

Is civil society possible? There is space for it. The critical matter is what is to be done, how it is to be done, and to which degree. We need to be wise and methodical. To build civil society and unite those Chinese who seek democracy and constitutional rule on one platform, I offer six key phrases.

The citizen is a common identity. This identity conveys rich inner meanings of power and responsibility, it implies a society and nation of citizens. The day that 1.3 billion Chinese are citizens is the day that China is truly beautiful. To become genuine citizens is our present and final objective. More importantly, citizenship can be an identity—yours, mine, everyone’s common identity. We can’t say “you are democracy, I am democracy,” but we can say “you are a citizen, I am a citizen.” This concept has roots in China over a century old. It cannot be taken from us or censored. However fearful people may be in private, all can come out and say “I am a citizen.”

Freedom, Justice, and Love are our shared core values. These values ought to be the new height following freedom, equality, and fraternity, the desired values of a future society. Freedom is the true sovereignty of individual action and existence, its scope expands with the development of civilization. Justice means a fair and just society—its meaning is richer than the egalitarianism that was once applied to the stratified French society. It is a society with democracy, rule of law, and rational boundaries between individuals—each to his own, each to his ability, each is provided for. Love is more generous and profound than fraternity; it is the wellspring of life and happiness.

One day these will become the core values of Chinese civilization. They don’t come from our ancestors. The core values of France—liberté, égalité, fraternité—were not those of the nobility, they were created by the people of France during their great revolution. Creating Freedom, Justice, and Love is the struggle of our generation of Chinese. For our ancient people and their civilization, these values will usher in renaissance and take common root across all humanity.

Truth shall be the common guiding principle in our actions. To be a true citizen. To uphold the citizen’s identity, rights, and responsibilities. To uphold and proactively implement the freedoms and rights written in the Universal Declaration of Human Rights and the Chinese Constitution. Late-stage totalitarianism also preaches democracy and liberty, but it doesn’t really mean it. In its crowning absurdity, the core values of socialism have become sensitive phrases and subject to online censorship. We uphold these things. The truth is the ultimate deconstruction of lies and absurdity, and the greatest tool for building a beautiful China. The 1.3 billion Chinese need not take radical action. If they all took the rights contained in the Constitution seriously, China would change.

A Beautiful China is our common direction. The China of our dreams is not only beautiful, but also free, just, and happy. A beautiful China encompasses beauty, but even more so embodies deeper values of democracy, rule of law, and freedom. Freedom, Justice, and Love is our direction, it is our mission and glory. Ours shall be a beautiful country reborn on the land where authoritarianism reigned for thousands of years. This is our purpose in life.

Citizens are not an isolated circle. Say not “you citizens,” but “we citizens.” Do not reject the noble identity of citizen just because some unscrupulous people may appropriate this title. Lawyers, entrepreneurs, intellectuals, judges, civil servants, regardless of your wealth, social class, you are citizens. All us Chinese shall identity as citizens. We may not necessarily all eat at the same table, lawyers and entrepreneurs may have their own circles, but our identity is a common one—the citizen.

The force of liberal democracy must be united. The identity of “citizen” is the best platform and the most solid cornerstone. Regardless of your social status or group, we are working forward together to a common goal. Communities of citizens can rise in each region and every industry. Assemble together, stay in touch with current affairs, and when the timing is favorable, take steps to coordinate with each other, for example by meeting on the last Saturday of each month. When millions and millions of Chinese assemble with the same identity, the same core values, and discuss the fate of the country and the people, they will have begun to form a civil body.

Being a citizen and building civil society does not equal being under someone’s leadership or joining some organization, it means independently wanting to be a citizen among citizens. Citizens in different regions act autonomously and make progress of their own accord. A community of citizens and civil society is necessarily an organic development.

Being a citizen, especially being a community of citizens, means standing up to oppression. If you abandon your identity in the face of pressure and don’t even want to be a citizen anymore, then you will have nothing to show for it. As the common body that shows the way towards social progress, the only way to build strength is to experience oppression and learn from the experience. If even the simple act of a same city dinner gathering (同城聚餐) means suppression, so be it. But this requires our perseverance. When the days comes that we are not even allowed to eat, there is still no problem: just go on hunger strike for a day. Even better, everyone go on hunger strike for a day. Have faith: your identity as a citizen can withstand oppression. It cannot be taken away from you.

I earnestly beseech every one of my compatriots seeking democracy and liberty to know their identity as a citizen and its significance. Be a dignified and upright citizen together with those who share your ideals and ambition, discuss with them when you meet, follow current affairs, spread the citizen’s ideal, and uphold social justice. If you are entrepreneurs, you can seek like-minded friends among your business circles and gather as citizen entrepreneurs. If you are lawyers, you can seek the like-minded among your legal circles and gather as citizen lawyers. If you are judges, you can discover the like-minded and gather as citizen judges. You have common ideals regardless of your professional fields, your wealth, or status. Seek out and join hands with the citizens by your sides.

I am a citizen, we are citizens. This is a pious faith. This is our responsibility to an ancient people. This is the struggle of our generation of Chinese, its undertaking, and its glory.

 

Citizen Xu Zhiyong (许志永)
November 2017

 

*Yuan Shikai was a general of the former Qing Dynasty who manipulated China’s republican movement in an attempt to establish his own dictatorship. His actions contributed to the chaotic warlord era.

 

 


Related:

Who Is Xu Zhiyong — An Interview with Dr. Teng Biao, Part 1 of 2, April 10, 2014.

Who Is Xu Zhiyong — An Interview with Dr. Teng Biao, part 2 of 2, April 13, 2014.

The China Manifesto – detained activist Xu Zhiyong calls for end to ‘barbaric’ one party rule, January 23, 2014.

 

 

 

Lawyer Wang Yu’s Son Blocked Again From Leaving China

China Change, November 13, 2017

 

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Today in Tianjin, lawyer Wang Yu’s 18-year-old son Bao Zhuoxuan (包卓轩) was again blocked from leaving China. He was due to fly to Tokyo. The border control in Tianjing told him and his parents that he is “a national security threat,” and mutilated his passport on spot (see photo above).

According to Wang Yu, her son has passed IELTS and is awaiting admission from the University of Melbourne. 

On July 9, 2015, Bao Zhuoxuan, on route to Australia to study, was stopped and detained in Beijing Capital Airport along with his father who accompanied him. That same night, his mother was abducted from home, marking the beginning of the 709 Crackdown.

The community of Chinese human rights lawyers responded to Bao Zhuoxuan’s situation  with anger. Wang Yu says she is not going to be silent anymore on the future of her son.

Over the past two years, this young man has endured detention, beating, harassment, house arrest, and disruption of schooling, all because he is Wang Yu’s son. When he was allowed to resume high school hundreds miles away from home, his classroom was surveilled with three cameras, according to Wang Yu.

Wang Yu’s account of her 709 ordeal is included in a book that just came out on Amazon. China Change will be publishing an excerpt momentarily.

China Change calls on the diplomatic community in Beijing to respond, helping Bao Zhuoxuan realize his plans to study abroad. Such barbaric, inhumane behaviors against an innocent child should not be tolerated.

 

 


Related:

Teen bound for Melbourne school stranded after Chinese authorities arrest parents, The Sydney Morning Herald, August 2, 2015.

Bao Zhuoxuan, Son of Detained Rights Lawyer, Is Said to Disappear in Myanmar, The New York Times, October 9, 2015.

Bao Zhuoxuan, teenage son of Chinese rights lawyer, back under surveillance in China, The Sydney Morning Herald, October 12, 2015.

No way out for Bao: US chides China detention of lawyer’s son, The Christian Science Monitor, October 18, 2015.

China’s long and punishing arm, Washington Post editorial, October 18, 2015.

 

Another Human Rights Lawyer Targeted in Continuous Crackdown

China Change, November 6, 2017

 

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Wen Donghai (文东海) is a 43-year-old lawyer in Changsha, Hunan Province. He grew up in a mountainous village and became a policeman in the Changsha Municipal Public Security Bureau. Bored and unfulfilled, he quit his job, went to graduate school and became a lawyer in 2009. He came into contact with human rights lawyers in 2014, and in 2015 was a defense lawyer in the case of three Guangzhou activists promoting non-violent resistance and civil disobedience. That was the first human rights case he took on.

When the July 9, 2015 (709) crackdown on human rights lawyers began, he became the defense lawyer for Wang Yu, the first of scores of lawyers arrested that day and afterward.  But he was not allowed to meet his client despite making numerous trips to Tianjin and lodging several complaints.

He has taken on Falun Gong cases as well as many other cases across China. “After becoming Wang Yu’s lawyer, I wanted to understand what Wang Yu had done and what kind of group Falun Gong was, so I started taking Falun Gong cases,” Wen Donghai told the Falun Gong newspaper Epoch Times in a recent interview.

‘Investigated’ for ‘Disrupting Court Order’

On July 14, 2017 Wen Donghai received a notice from the Hunan Province Lawyers’ Association. The Superior Court of Yunnan Province complained that during a trial held in a lower court in E’shan County (云南玉溪市峨山县人民法院) defense lawyer Wen Donghai “seriously disrupted the court order,” and that the association was asked to investigate.

On August 4 the Changsha Municipal Justice Bureau, the government organ in charge of lawyers, notified Wen Donghai that he was under investigation for “disrupting court order and interfering in court hearings.”

Wen Donghai has since learned that there was another “complaint” against him by a court in Guangdong Province.

What Happened During the Two Trials

Li Qiongzhen (李琼珍) is a Falun Gong practitioner in E’shan county, Yuxi city, Yunnan province (云南玉溪市峨山县) and was arrested with four others in 2016 for distributing Falun Gong materials. Wen Donghai was her defense lawyer.

Meeting with his client on January 24, 2017, Wen Donghai learned that the presiding judge of the case Bai Weiliang (柏为良) showed up at the detention center with two unidentified women and interrogated his client for three days in a row from January 11-13. The judge asked her to admit guilt in exchange for bail or a suspended sentence. He warned her not to mention the term “Falun Gong” during the trial. The judge also told Wen’s client that her lawyer took up the case in order to “stir up trouble,” and that if she dismissed him, the judge would find local lawyers for her free of charge. The two women, who had not identified themselves, told Wen’s client that she was forbidden to practice Falun Gong in prison.

Wen Donghai recorded his meeting with his client in detailed transcripts.

On February 13, 2017 Wen filed a complaint with the procuratorate against the judge’s illegal behavior. During the trial on February 16, 2017, he requested the presiding judge and the collegial panel recuse themselves, but his request was promptly denied.

He went on confronting the judge on his illegally pressuring his client to admit guilt and to dismiss her lawyer. The angry presiding judge and Wen had heated arguments, causing the trial to be adjourned twice.

Defending his client, who was charged with “using a cult to obstruct the implementation of the law,” Wen Donghai pointed out that there is not a single law in China that says Falun Gong is illegal; that thought, expression, and faith cannot cause the implementation of the law to be obstructed; that the Supreme Court’s judicial explanation of this crime is unconstitutional and illegal and can’t be used as the basis for a ruling; and that freedom of belief is a universal value.

The court handed out a particularly harsh sentence to Wen’s client: four years in prison for spreading Falun Gong materials.

The other complaint against lawyer Wen Donghai came from Jinping District court, Shantou city, Guangzhou province. Wen was the defense lawyer for Peng Peishan (彭佩珊), the owner of a hair salon and Falun Gong practitioner. Police suspected that she and her husband sold calling cards to practitioners to be used for spreading Falun Gong content. She was tried along with her husband and two others on April 11, 2017.

Wen Donghai said the court didn’t allow the defense lawyers to speak. He said to the court, “If you don’t allow me to speak, you may as well expel me from the court.” The judge did just that. Wen went to the procuratorate to complain about the judge, but was blocked by a formation of police at the entrance.  The procuratorate didn’t accept his complaint.

Method of Targeting

Wen Donghai said that once you are identified as a crackdown target, they take the following steps: they go to different provinces to examine the cases you represented and find the “problems” they are looking for. Then in Wen’s case, the Lawyers Association in Hunan worked with the Superior Court in Yunnan that filed a complaint against Wen.

In Wen’s case, the director of Office for Management of Lawyers of Changsha Municipal Bureau of Justice had spent days in both Yunnan and Guangdong to collect information about Wen Donghai. Wen said that nobody paid attention, let alone working so hard, to look into it when he submitted complaints about the judge.

All of them are doing the bidding of the Justice Bureau. Wen Donghai told the Falun Gong newspaper Epoch Times: “When lawyers’ rights are violated, for example, when facing abuses by prosecutors or judges, no one accepts our complaints. But when we fight for the rights of our clients, we are accused of violating the rules for a little bit of heat on our part.

China Change learned from a couple of other lawyers that their local Justice Bureau also had sent officials to locations to collect information about their actions in the courts, the purpose of which is clearly for possible punishment.

 

Wen Donghai, photo

Wen Donghai. Photo: Epoch Times

‘The Law, Not the Judge, Dictates the Court’

In August, lawyer Wen Donghai issued a response to the ill-intended “investigation” against him. He wrote, “In both cases, whether in the E’shan county court in Yunnan or the Jinping District Court in Shandong, Guangdong, the court flagrantly infringed on the rights of the defense counsel and the defendants.” He continued to give an account of what happened in each case:

“Such a court is no more than a slaughterhouse that creates injustice and produces wrongful convictions. To maintain the order of such an illegal court is akin to committing a crime. My only trespass was that I was unwilling to cooperate with the court and trample on the law. I argued with the court because I hoped for a more normal trial. If there were any other channel for us to defend our rights, we would not have confronted the judge. This case is by no means an isolated one. In representing clients persecuted for their faith, I have repeatedly found myself in a situation where I have no place to lodge a complaint. In dealing with such cases, the nation’s judiciary seems to have turned into a rusted machine beset with problems at any given moment that we cannot solve.”

He argued that:

“The legality of the court is based on the law, not the judge. Thus, even though the judge directs the court, not all questioning of and argument with the judge constitutes disrupting the court order. On the contrary, oftentimes, the defense counsel and the defendant fight hard not to disrupt the court order, but to seek a just court whose order has been disrupted, a court that submits to the law. In doing so they are maintaining the normal working of the court and resist illegal court proceeding, at least that’s what they believe they are doing.”

Tools to Restrict Human Rights Lawyers

In China, from the early 2000s onward, more and more lawyers have engaged in so-called sensitive cases involving political opposition, freedom of expression, religious freedom, and other situations where citizens seek to redress injustice in the hands of the government. The Chinese government has kept close tabs on this small but growing group. Of the 14 human rights lawyers selected as the Persons of the Year in 2005 by the Hong Kong-based Yazhou Weekly (《亚洲周刊》), 13 were kidnapped, tortured, imprisoned, disbarred, or exiled, with the exception of lawyer Mo Shaoping (莫少平).

Even though its number has been growing, the number of China’s 300,000 lawyers who are willing to take on cases to defend human rights is only about 1/1000.

The crackdown on human rights lawyers reached an extreme in 2015 when in a national campaign that began on July 9 China detained scores of them and activists working with them, and questioned more than 300 across China. In recent years the hostility toward human rights lawyers has worsened. They have been regarded as the top threat to the security of the totalitarian regime along with dissidents and activists, faith groups, internet opinion leaders and petitioners.

Almost all of the 709 detainees have been subjected to severe torture. Some of these cases have been exposed, shocking the international community. Those who have been released on bail or given suspended sentences have been closely surveilled and limited in their ability to speak and move. At least three are still in custody (here, here, and here).

The 709 Incident was meant to be a paralyzing blow to human rights lawyers, but that doesn’t seem to be the case. They are persisting under incredible pressure, making immense sacrifices both professionally and personally.

Two years after the 709 Crackdown, the Chinese government has not lessened its intent to further restrict the space for lawyers defending human rights cases. But since 709, the authorities have resorted to “softer” and more insipid methods to contain them that may not draw international attention. These methods include: “complaint” and “investigation,” such as lawyer Wen Donghai faces, motivated by intent to punish; law firms being audited; lawyers annual reviews being postponed and denied; suspension of practice; or outright disbarment. In a recent case, a lawyer in Shandong Province was disbarred for defending a freedom of expression case.

Many human rights lawyers are barred from traveling outside China, whether for business or for leisure. The reason given to them is that they are a “national security threat.”

On October 30 lawyer Wen Donghai received a notice from the Changsha Justice Bureau. The investigation has concluded and “the facts and evidence are clear that you have allegedly disrupted court order and interfered with the court hearing, and administrative sanctions should be levied against you according to the law. Given the serious nature of your case, we have submitted it to a higher level of judiciary organ for decision.”

Lawyer Wen Donghai’s situation is a cause for concern. One by one, China is disqualifying its most courageous human rights lawyers and is testing the waters to see what kind of response this gets. So we are calling on the international media, governments, institutions, and legal organizations to pay close attention to the worsening professional environment that China’s brave and die-hard human rights lawyers face.

 


Related:

A Human Rights Lawyer’s Notes on the ‘709 Incident,’ Two Years on, Wen Donghai, July 6, 2017.

Two Years on: An Update on Lawyer Wang Yu, the First 709 Detainee, China Change, July 7, 2017.

The Vilification of Lawyer Wang Yu and Violence By Other Means, Matthew Robertson and Yaxue Cao, July 27, 2015.

Little-Known Chinese Lawyer Disbarred for Defending Freedom of Speech, Yaxue Cao, October 3, 2017.

Crime and Punishment of China’s Rights Lawyers, by Mo Zhixu, July 23, 2015.

 

 

 

 

61-Year Old Human Rights Lawyer Criminally Detained in Shenyang

China Change, October 31, 2017

 

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On the afternoon of October 31, lawyer Li Yuhan’s (李昱函) family revealed that she had been criminally detained by Shenyang Public Security Bureau. The charges against her are unclear.

She was last heard from on October 9 when she texted her younger brother that she had been taken away by police from Shenyang PSB Heping District.

Over the past three weeks, her relatives called the municipal government offices for her whereabouts.

She is one of the two lawyers who have represented lawyer Wang Yu (王宇), the first human rights lawyer detained during the massive 709 Crackdown on human rights lawyers. During Wang Yu’s detention, lawyer Li made numerous trips to Tianjin to try to meet her client but to no avail as with other 709 detainees. Her children, even her in-laws, were harassed as a result of her doing her job as a lawyer.

In late June, she and lawyer Wen Donghai visited Wang Yu in Inner Mongolia where she had been under house arrest since her released from detention in Tianjin around mid-year.

The news of her criminal detention caused a stir among 709 wives whom lawyer Li Yuhan has befriended.

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Lawyer Li Yuhan and Wen Donghai visited Wang Yu in early June this year.

In 2014 she represented a former policewoman and a petitioner from southern Anhui province who was detained for giving an interview to the Washington Post about China’s petitioning system and whether it helps solve social problems.

She also represented Falun Gong practitioners charged with “using [a] cult to sabotage the enforcement of the law.”

Heilongjiang-based lawyer Wang Qiushi (王秋实) will go to Shenyang to try to meet with Li Yuhan.

In 2006, while practicing in Shenyang, she complained to the authorities about a man who possessed guns and evaded taxes and who harassed her clients. The wealthy man was well connected with local government officials, including the police, and her whistleblowing resulted in herself being beaten and harassed by Shenyang police over the years. More than once, she was treated as a petitioner, locked up in the petitioner camp in Beijing, and forcibly taken back by Shenyang police.

Li Yuhan has heart disease, and in March of this year, she underwent major surgery.

 

 

 

 

Twenty-Eight Years After – An Interview With Wang Dan

October 25, 2017

 

Yaxue Cao sat down with Wang Dan (王丹) on September 27 and talked about his past 28 years since 1989: the 1990s, Harvard, teaching in Taiwan, China’s younger generation, his idea for a think tank, his books, assessment of current China, Liu Xiaobo, and the New School for Democracy. –– The Editors

 

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Wang Dan. Photo: China Change

 

YC: Wang Dan, sitting down to do an interview with you I’m feeling nostalgic, because as soon as I close my eyes the name Wang Dan brings back the image of that skinny college student with large glasses holding a megaphone in a sea of protesters on Tiananmen Square. That was 1989. Now you have turned 50. So having this interview with you outside a cafe in Washington, D.C., in the din of traffic, I feel is a bit like traversing history. You recently moved to the Washington, D.C. area. I suspect many of our readers are like me –– the Wang Dan they know is still that student on the Square. Perhaps I can first ask you to talk a bit about where you’ve been and what you’ve been up to since 1989?

Wang Dan: When you speak like that, I feel that I have become a political terracotta warrior in other people’s eyes; when they look at me, they see only history. For me, 1989 is indeed a label I can’t undo. I’m conflicted about this label. On the one hand, I feel that I can’t rest on history. I don’t want people to see me and think of 1989 only, because if that were the case, it would seem that my 50 years has been lived doing nothing else. On the other hand, I am also willing to bear this label, and the sense of responsibility that comes with it. As a witness, survivor, and one of the organizers, this is a responsibility I cannot shirk. Everyone lives bearing many contradictions; this is my conflict, and all I can do is carry it.

After 1989, my life experience has been pretty straightforward. From 1989 to 1998, for a period of almost 10 years, I basically was in prison. From 1989 to 1993, I was in Qincheng Prison (秦城監獄) and Beijing No. 2 Prison (北京第二監獄); I was released in 1993. Then I was detained for the second time in 1995 on the charge of “conspiring to subvert the government.” During the period from 1993 to 1995, I was in Beijing starting to get in touch with friends who had participated in the student movement, and I also traveled all over the country. Deng Xiaoping went on a “Southern Tour,” I also took a southern tour. I started to assemble some of the June 4 student protesters. We issued some open letters, and started a fund to support political prisoners. We found more than 100 people to contribute, each person contributed ¥10-20 each month. The government said our activities were that of a counter-revolutionary group. This criminal charge was the same as Liu Xiaobo’s –– inciting subversion: writing essays, accepting interviews, criticizing the government. Because of these activities, I was detained again in 1995, but in 1998 I was sent into exile to the United States. Although I was out of prison for more than two years from 1993 to 1995, I had absolutely no freedom. Wherever I went, there were agents following me. The big prison.

Wang Dan, TAMYC: When you were released from prison in 1998, you hadn’t finished serving your sentence, right?

Wang Dan: I was sentenced to 11 years in prison, but I only stayed in prison for 3 years. I was released on medical parole as a result of international pressure.

YC: At the time China needed acceptance from the international community, and it wanted to join the World Trade Organization. Now this kind of international pressure is impossible.

Wang Dan: After I came to the U.S. in 1998, in my second month here, I entered Harvard University. First, I attended summer school for a month, and then took preparatory classes for a year. I then studied for my Master’s degree and Ph.D. I graduated from Harvard in 2008. This was another 10 years, and this 10-year period was for the most part study. Of course, I also engaged in some democracy movement activities in my spare time. After graduating from Harvard, I went to England where I lived for a time, and then in 2009 I went to Taiwan to teach, which is where I have been living until this year, 2017. That’s eight years. So in the 28 years since 1989, I have either been in prison, studying, or teaching. During this whole time, regardless of what I was doing, I remained engaged in opposition activities.

YC: You were a history student at Peking University, and you studied history at Harvard. What would you most like to share about your 10 years at Harvard?  

Wang Dan: Harvard has had a great impact on my life. I think with respect to China’s future, I have political aspirations, or a political ideal. I believe that China’s political future requires people who have specialized knowledge. So I feel a strong sense of accomplishment about getting my degree from Harvard. I achieved a goal I had set for myself. I think it is necessary preparation for my political future. This is the first point.

Second, at Harvard I was able to broaden my horizons. It gave me an international perspective. But obviously the most important thing, I believe, is my third point: the ten years at Harvard enabled me to just be an ordinary person. The students around me didn’t know who I was, only the Chinese students knew, but at that time there weren’t that many Chinese students. I was completely anonymous, just an ordinary international student. This was a very fortunate thing. If I were always only just a 1989 figure, active in the media, talking about politics every day, I’d feel really awful. During my time at Harvard, besides going to class, I also became friends with some people who had nothing to do with politics. It was just a very ordinary situation.

YC: Why did you go to Taiwan?

Wang Dan: Soon after I got to Harvard, I started to frequent the library. I saw a magazine called The Journalist (《新新聞》) –– a Taiwan magazine founded in 1987 focusing on social and political commentary. The Journalist covered the process of political transition in Taiwan after martial law was lifted in 1987. I was really excited reading it and began to be very interested in Taiwan. Later, I wrote my dissertation on Taiwan’s White Terror.

YC: Please tell us a bit more about your dissertation.

Wang Dan: This morning I was just talking with my editor, and we’re hoping that Harvard University Press will soon publish the English version. I compared state violence in the 1950s on both sides of the Taiwan Strait. At that time, Taiwan had White Terror, and China had Land Reform, the Campaign to Suppress Counter-revolutionaries, and the Anti-Rightist Movement, which was Red Terror. These are two forms of state violence, but each with different characteristics. What I was interested in was the different mechanisms, the specific methods by which it was carried out. The Chinese Communist Party (CCP) used the method of mass campaigns. I analyzed how they were launched and executed. Taiwan’s White Terror was basically accomplished through political spying, with agents infiltrating society. When the National Security Bureau investigated so-called “communist spy cases,” they were mostly targeting individuals. The Kuomintang (the Nationalist Party) used agents to monitor society, whereas the CCP used the people to monitor each other. They turned everyone into a spy, including some of China’s famous intellectuals, who were also informants.

Back to your question of why I went to Taiwan. I went to Taiwan to teach –– there were no positions in the U.S. to teach Taiwanese history. Second, since my dissertation is a comparison of Taiwan and the mainland and Taiwan had started to democratize, I was interested in living there for a period of time so that I could experience it first-hand. Third, I really like Taiwan –– the scenery, the people, and the relationships between people.

YC: Please tell us more about your time teaching in Taiwan.

Wang Dan: I taught at pretty much all of the top universities in Taiwan, with the exception of National Taiwan University. I taught at Tsing Hua, Cheng Chi, Cheng Kung, and Dongwu –– mainly at Tsing Hua University, but also taught classes at other universities. After I arrived in Taiwan, I discovered a big problem –– they really didn’t understand mainland China. There were basically no courses at universities on contemporary Chinese history covering the period from 1949 to the present. So I decided to teach Chinese contemporary history, which is essentially what I taught during my eight years in Taiwan, in the hope that people in Taiwan would gain a better understanding of mainland China.

Another unexpected benefit was the arrival of mainland students to Taiwan. Shortly after I got to Taiwan, Taiwan opened its doors to students from the mainland. These students were 90-hou, the generation born after 1990. Before knowing them, I was just like a lot of people and looked down on them, believing they were a selfish generation, that they weren’t concerned with politics, that they were brainwashed by the government, and had absolutely no understanding of history. But after interacting with them, I discovered that this was a total misjudgment. They are in fact very idealistic, they really hope to change China. For example, in Taiwan I held debates on the issue of reunification versus Taiwan independence. I organized about 10 such debates, and each time there would be at least three or four students from mainland China who openly stated their names and university affiliation and said they supported Taiwan independence. There was even media covering these debates. This is really hard to imagine, isn’t it? I was really shocked. I asked the students if they were afraid of the media making this public, and one of them said, “If worse comes to worst, I go to jail, no big deal.”

Of course, not all of the 90-hou are like this, but I never really care about the makeup of the majority of any group. I believe that as long as a group has a few leaders, this country has hope. The students I came into contact with in Taiwan were inspiring, and gave me a morale boost. Previously I was pessimistic, and felt that even in 30 or 40 years it was unlikely that China would move towards democracy, but after engaging with the 90s generation, I became an optimist. I believe that I will see China change in the hands of this generation in my lifetime. And do you know just how fearless this generation of students is? They know who I am. There were some students who audited my class, but each semester there are quite a few students who directly selected and registered for my class. My name will appear on their transcript; they’ll take this back to China, and they just don’t care, they still choose my class. As of yet, there hasn’t been any instance of a mainland student being punished for taking one of my classes.

YC: Are you still in touch with them?

Wang Dan: I do stay in touch with some of them. There are a few who are studying for their Ph.Ds. in the U.S. And we have a Facebook group, and have become good friends. But I want to emphasize, it’s not all of the mainland students, but the mindset of at least 10% of the 90s-generation students whom I came into contact with in Taiwan is very forward looking. They’re more enthusiastic than us, and more eager for change. We thought these people supported the Communist Party, but it’s really not like that at all. I can say that 90% of them don’t support the CCP. I also think that this group of students is more resourceful than our 1989 generation of college students. I strongly believe that China will change in their hands. This is one of the reasons why I came back to the U.S., because I think there are more Chinese students like this in the U.S., students who are even more outstanding.

YC: What are some of the other reasons that prompted you to come back to the U.S.?

Wang Dan:  Another reason is that I have been thinking about what I can do now. What’s my next step? I think that influencing the younger generation is one of the main things I can do. Of course, if history gives me the opportunity, I will throw myself into the democracy movement, run for office, even become president of China if possible. Why not? But I prefer to be the President of Peking University. But these things are unpredictable, and influencing the younger generation is something I can do right now. So whether I’m in Taiwan, or in America, I give talks wherever I can, to let the younger generation understand history; to let them know that we, as the opponents of the regime, are constructive and not just shouting slogans; and to let them know why China needs democratization to make the country stronger. I want the patriotic younger generation to know that if you are truly patriotic, you must oppose the CCP, and I tell them the logical connection between these two positions. During those years in Taiwan, in my spare time, on weekends, and in the evenings, I would hold “China salons.” I probably organized several hundred of these. The topic was very simple: get to know China. About half of the audience were mainland students, most listened without saying a word, nor asking questions. I felt it was OK, as long as they were listening. My responsibility is to pass the torch on to the next generation.

YC: I read your Tiananmen memoir, in 1989 you became a student leader, but before that, you got your start organizing democracy salons on campus.

Wang Dan: If you look at history, revolutions all start with salons. For example, the French Revolution got its start from salons.

YC: Let’s digress a little here. Can you talk a bit about the democracy salons you organized at Peking University?

Wang Dan: At that time, I was only a freshman; I didn’t have much experience. Liu Gang (劉剛) and those older guys were the first to hold salons. I followed after them. Each time we invited an intellectual, a so-called “counter-revolutionary,” to come. I hoped to use this platform to connect the ivory tower of the university with society.

YC: What kind of scale did you have? How many people attended each democracy salon?

Wang Dan: It could be as few as 20 or so people, but as June 4 approached, and the atmosphere was very tense, sometimes more than a thousand people came.

YC: Where were the salons held?

 

Wang Dan: Outdoors. We held one salon each week, on an area of grass in front of the statue of Cervantes, next to the foreign students’ dorm.

YC: Cervantes statue…. I like these details. It tickles the imagination.

Wang Dan: It’s a place where young students discussed politics and expressed their political views.

YC: I read that since you returned to the U.S., you’ve already held a few salons: in Boston, New York, Vancouver, and Toronto. How did these events go?

 

Wang Dan, Harvard

Wang Dan graduating from Harvard in 2008. Photo: Radio Free Asia

Wang Dan: Generally speaking, I feel that this generation is dissatisfied with China’s current situation. The fact that they left China to go abroad to study demonstrates that they are not that content, particularly those that applied on their own to go abroad. They are seeking new knowledge, but they are also quite confused. First, they don’t know what they can do. Second, they are disappointed in those around them; they feel that most Chinese they know are disappointing. Third, they don’t see any alternatives: who can take the place of the CCP? Because of these three issues, they are not able to express much enthusiasm. But in the process of chatting with them, I feel that there is a flame burning in their hearts. They really want to do something, to change things. When we talk about China, every person is critical. From the things they’ve said, it’s clear that they look at problems deeply; no less deeply than us. All of them have Ph.D.s or Master degrees. They are knowledgeable.

 

YC: Among the Chinese students studying abroad, many are the children of quangui (權貴), the powerful and the rich. They are beneficiaries of the system and tend to defend it.  

Wang Dan: Not necessarily. In the early period of the Chinese Communist Party, many of the leaders were children of wealthy families. For example, Peng Pai was the son of a wealthy man in Shantou. The wealthier the family, the more likely they are to be inclined towards revolution, because they don’t need to worry about their livelihood, and they have more time to read and think. This is a possibility. Children from poor families have to think more about their livelihood, and have more to worry about.

YC: I feel I must disagree here: the powerful and rich families in China today are fundamentally different from the genteel class of traditional Chinese society.

Wang Dan: The parents of these families might be tainted, but the children are just a blank page. I’ve been in touch with some of these 20-year-old kids studying abroad, for example, children of mayors, and also chairs of the Chinese Student Associations who are in direct contact with the Chinese embassies and consulates. I don’t think the latter are spies. I’ve had quite deep conversations with them privately. They all know what’s going on. It doesn’t matter what family they’re born into, youth are youth, and young people have passion.

YC: I wish I could, and I desperately want to, share your enthusiasm. I admit that I have next to no interactions with children from quangui families. If there are rebels in their midst, it’s not showing. You look at today’s human rights lawyers, dissidents, and human rights defenders, people who are making efforts and sacrifices for a free and just China, you will see that the absolute majority of them come from the impoverished countryside.  

Wang Dan: To the extent possible, I befriend young people from all different backgrounds born in the 90s. They are very smart, and they grew up in the Internet age. It’s not so easy for them to accept us as friends. But it’s very important to become friends with them. Some colleagues in the democracy movement are divorced from the young generation.

YC: So you believe one of your most important missions is to influence the young generation?

Wang Dan: Yes, one of them. In addition to salons, in the future I may organize summer camps and trainings. I’ve been involved in the opposition movement for so many years — what sort of look does the opposition movement take on in order to integrate with this era –– that is an important question. Starting from the time I was 20 until now, 30 years have passed, and what I have been doing politically is politics. For example, we have critiqued the totalitarian system, exposed abuses, rescued political prisoners, organized political parties, established several human rights awards, etc. I will continue to do these things, but now I feel that I’ve reached a time when I need to adjust what I’m doing; I want to somewhat remove myself from current, immediate events to think about what China will be like after the communist regime is gone. A lot of people are thinking about how to overthrow the CCP; I won’t be missed. The issue is this: if there comes a day when the CCP is toppled, regardless if it’s caused by other people or itself internally, what sort of situation will China find itself in afterwards? We need to have sand-table rehearsals. I’m interested in policies and technicalities for a democratic, post-communist China. Between politics and policies, I hope to devote some time and energy on the latter.

YC: That’s interesting and certainly forward-thinking. In the west, people are getting used to the idea that communist China is so stable that it will never fall. In any case, their plans are made based on such assumptions. But I keep thinking that the CCP hasn’t even stabilized something as basic as power succession. 

Wang Dan: We need to have something like a shadow cabinet. We need to come out with a political white paper: how to conduct privatization of land; how to define a new university self-governance law. Obviously, this is a big ambition; it’s not something that can be done in a short amount of time. But this is the second big goal I set for myself after returning to the U.S.: I’m planning on establishing a small think tank to research and advance a set of specific governance policies.

YC: You didn’t leave China until the end of the 1990s, so you know the 90s well. Since the early 2000s, the rights defense movement has emerged, NGOs have burgeoned, and faith communities have expanded rapidly in both urban and rural areas, the entire social strata has changed as a result of the economy opening up. Previously, everyone belonged to a work unit, a “danwei.” Now a significant part of China’s population doesn’t rely on state-owned work units. They might work for a foreign enterprise or a private enterprise, or they might run their own small business or be engaged in other relatively independent professions such as being a lawyer. The rights consciousness of these people is totally different than before. I personally think they have been and will be the force for change because they are less subservient to the system. One may even say that they hate it, or they have every reason to detest it. What sort of observations do you have regarding the past 20 years in China?

Wang Dan: Profound changes occurred in China after 1989. First, never in the thousands of years of Chinese history has there been an era like today’s China in which everything is centered on making money—the economy takes precedence above all else. The second profound change is that in the entire country—from the elite strata to the general population—few have any sense of responsibility for the country or society. They’ve totally given up. From those in power to intellectuals to college students to average citizens, most people do not think that this country is theirs, they believe that China’s affairs are someone else’s business and that it has nothing to do with them. This is a first in China. I believe that these are two important reasons why China has not yet democratized. Therefore speaking from the perspective of the opposition, the most important task is the work of enlightenment. Those people who advocate violent revolution probably will oppose what I say, but I think Chinese people still need to be enlightened.

YC: I want to interject here that the fact that the elite class, whether it’s intellectuals or the moneyed class, have given up responsibility for the country is an indication of the rigor of communist totalitarianism. Isn’t that so? Hasn’t the Party worked methodically, meticulously, and cruelly to diminish individuals, including the elite class, into powerless atoms, preventing them from becoming a force, making sure they are beholden to the state, and depriving them even of a free-speaking Weibo (Chinese Twitter-like microblog) account? Having a citizenry that takes the country’s future into its own hand is at variance with the totalitarian system. It’s against the system’s requirement. On a personal level, acting out of a sense of duty for the country’s future is suicidal, it goes against one’s instinct for survival. Look at what happened to Liu Xiaobo and Ilham Tohti. Look at those lawyers who are tortured, disbarred, or harassed for defending human rights. Look at the professors who were expelled from teaching for uttering a bit of dissent. The Communist Party has a monopoly on China’s future as long as it’s in power, just as it does on the past and the present. Now please explain to us what you mean by enlightenment.

Wang Dan: For example, the majority of ordinary citizens sincerely believe that if China becomes a democracy, there will be chaos. Even if they have not been brainwashed by the CCP, even if they loathe Communist Party members, they still feel this way. Why do they think this? We need to reason with them. For example, just because the 1989 movement failed, it does not mean that it wasn’t the right thing to do. If you don’t talk about issues like these, the majority of people won’t think about them, therefore we must reason with them. This ability to inspire people through reason has a great potential to mobilize society.

YC: It was probably around the time of 2007 or 2008 when I first started looking at China’s Internet. There was also censorship, but comparing the Internet expression at that time to today, it was like a paradise back then, and there was a lot of what you call enlightenment, many public intellectuals or writers had many fans, and they could say and did say a lot. It was also around that time the CCP sensed a crisis, believing that if they continued to have lax control over speech on the Internet, their political power would be in imminent danger. Thus the censorship regime during the past decade has become stricter and more absurd. So now you are facing a very practical problem, even someone like Peking University law professor He Weifang can no longer keep a Weibo microblog account. People’s throats are being strangled, there’s no way for them to speak.

Wang Dan: Now it is very difficult, we must admit. But we shouldn’t give up just because some difficulties exist and sink into despair. Nietzsche said the disadvantaged don’t have the right to be pessimistic. You’re already underprivileged, if you’re then also pessimistic, your only option is to give up. I believe now is the darkness before the dawn. It truly is the most difficult time, but it is also the time when we have to persist the most. Like me, traveling around giving talks, oftentimes there aren’t many people at each talk,  maybe 20 or so, but I feel it’s worth it.

YC: Liu Xiaobo died in a prison hospital. Even as someone who doesn’t know his work in any depth, I feel hit hard by it and it is difficult to grapple with. It’s like, for all these years, everyone sort of expected him to come out of prison rested and ready to go in 2020 after he served out his prison term. That’s not too far from now. When he died, it dawned on a lot of us that the CCP would never have let him walk out of jail alive. You were together with Liu Xiaobo in Tiananmen Square, and you worked with him during the 1990s, how does his death affect you?

Wang Dan: I grieve Xiaobo’s death as many others do. But I know that he would want us the living to do more. We need to do things that he can’t do anymore. And the best remembrance of Liu Xiaobo is to get more done and to see that his ideals for China become true.  

YC: Many people won’t have the opportunity that I have to sit down with you. They know who you are, but they don’t know what you have been doing. They will say, “Those people who’ve been abroad all these years, what have they done? We haven’t seen anything!” How would you respond?

Wang Dan: First, I don’t really care about the various criticisms of me that others may make. I actually welcome it. It’s a form of encouragement, and at the very least, it’s a reminder. I personally feel I’ve done some things as I’ve told you. In addition, I’ve also come out with quite a few books that have made an impact.

YC: Could you tell us about your books?

Wang Dan: The book that’s sold the best is Wang Dan’s Memoir (《王丹回憶錄:六四到流亡》). And then there’s Fifteen Lectures on The History of the People’s Republic of China (中華人民共和国史十五講》). Both were published in Taiwan, and both have sold well. The third book, titled 80 Questions About China (《關於中國的80個問題》), is the most recent. These 80 questions were all questions I encountered at the salons, so I packaged them together.

YC: What are a few examples of these questions?

Wang Dan: For example: Was Deng Xiaoping really the “chief engineer” of China’s reform and opening up? Why should we not place hope on a Gorbachev emerging from the CCP? Why hasn’t China’s middle class become promoters of democracy? In China, how does the CCP suppress opposition forces? Will democracy lead to social instability? Why don’t Chinese people speak up? Who are the people who might be able to change China? Why do we say “reform is dead”?

YC: While in Taiwan, you also founded the New School for Democracy (華人民主書院). What does it do?  

Wang Dan: The New School for Democracy was founded on October 1, 2012. At the time, I wanted to advance the idea of a “global Chinese civil society” spanning Hong Kong, Taiwan, the mainland, Macao, Malaysia, Singapore, and overseas Chinese communities. Our Board of Directors are people from Hong Kong, Taiwan and mainland China. What we all face is the Chinese Communist Party. The CCP not only impacts the people of China, but also Taiwan and Hong Kong, and it influences the interests of Chinese all over the world, so I felt that we should all unite and combine efforts. We had an online course, and invited some scholars to give lectures. We later realized that there were not many people interested in a very specialized online course. A Salon was a major project of the school, and it is my contribution as chair of the Board of Directors. We also published a magazine, “Public Intellectual,” which we issued eight times before we had to stop due to lack of funding. Now that I have come back to the U.S., I hope to bring some of the school’s activities here, such as online classes, salons, trainings, and a summer camp.

YC: Your summer camp idea is really interesting. What would it look like?

Wang Dan: A summer camp that brings together students from Taiwan, Hong Kong, and mainland China who are studying in the U.S. They spend a week together, everyone becomes friends, exchanges views, and they have a better understanding of each other. They learn how to rationally discuss issues. No matter how controversial or sensitive our topic is, they must learn how to speak civilly. You can’t just curse another person because you don’t agree with something he or she said.

YC: On social media, I’ve seen so many people who lack the most basic democratic qualities although they ardently oppose dictatorship and champion democracy. They launch ad hominem attacks without making efforts to get the basic facts straight, and use the foulest language to hurl insults at people.

Wang Dan: So I think that one of the fundamental trainings is how to listen attentively to what the other person is saying, and to take care in how one says things –– to speak civilly and mindfully. There’s also some basic etiquette when speaking, such as not to interrupt others, etc.

YC: I think that’s about it. I hope you settle in smoothly, and that you’re able to start doing the things you want to do as soon as possible.

Wang Dan: It’s been eight years since I left the U.S. I can’t do the things I want to do all by myself. I’m looking forward to connecting with people in certain groups. First, Chinese students studying in the U.S.; second, Chinese living in the U. S. who are not engaged in the democracy movement but are concerned about democracy and politics; third, Americans who study China.

YC: Thank you. I wish you success in your work and life.

 

 

Yaxue Cao edits this website. Follow her on Twitter @yaxuecao

 

 


Related:

Liu Xiaobo: Walking the Path of Kang Youwei, Spilling His Blood Like Tan Sitong, Wang Dan, July 20, 2017.

Tiananmen’s Most Wanted, the New York Times, June 4, 2014.

 

 

 

A Record of 709

Xie Yanyi, October 15, 2017

 

Xie Yanyi (谢燕益) is one of the twenty or so 709 detainees during China’s sweeping, still ongoing crackdown on human rights lawyers and activists. He was held incommunicado  from, July 12, 2015 to January 18, 2017, in Tianjin. As a human rights lawyers, Xie Yanyi’s career spans from 2003 to the time when he was detained, representing dozens of cases involving religious freedom, freedom of speech, forced expropriation of land and property, corruption, local elections, political prisoners, and more. Meanwhile, he has been known for passionately advocating democratic transition in China. During the 553 days of disappearance, his wife gave birth to a baby girl, and his mother died without him knowing it. In September he posted a book titled “A Record of 709 Crackdown and 100 Questions about Peaceful Democracy in China” in which he recounted his experience during the six-month secret detention and following year in Tianjin Second Detention Center. He is the second 709 lawyer, after lawyer Xie Yang in Hunan, who has spoken out about torture and other degrading treatments perpetrated on human rights lawyers and activists. On September 6, Xie Yanyi posted an open letter to Xi Jinping, the Communist Party, and fellow Chinese, calling for an end to the one-party dictatorship, releasing all political prisoners, and setting the course to transition China into a constitutional democracy. Predictably, he has been harassed and threatened by police. China Change is pleased to bring you translation of excerpts of Xie Yanyi’s recollections and reflections on 709 atrocities. The Editors   

 

Xie Yanyi

Xie Yanyi (谢燕益). Photo: online

 

The Police Are Here

I got home in the middle of the night on July 11, 2015 and fell asleep right away. The next morning, not long after I had gotten up, I heard a knocking at the door. I looked through the peephole and saw Captain Wang’s men from Domestic Security. I tidied up a bit and opened the door. They wanted me to go to the office of the neighborhood committee for a little chat. I went there with them, where Miyun District domestic security personnel had been joined by Beijing domestic security. They asked about the same old things. At a break in the conversation I went to relieve myself and discovered that people from Domestic Security were following me into the bathroom. It was then I realized the gravity of the situation. Our conversation continued until noon, when we had fast food in the office. We had just finished eating when ten or so plainclothes officers burst in. The first one flashed his badge at me. He said he was from the Tianjin Public Security Bureau and asked if I was Xie Yanyi. I said yes. I saw from his badge that he was surnamed Liu. Then he handcuffed me. I protested, but no one paid attention. They swarmed around me as I was led downstairs. We got into an SUV, where I sat in the backseat between two men. There were about two or three cars following behind us . We sped off. Soon we arrived at the Miyun Chengguan police station (密云城关派出所). There was an interrogation room equipped with an iron chair that the suspect could be buckled into. They made me sit there to begin my questioning. This was the first time in my life I had been handcuffed and interrogated. At first I was confused, but once I was sitting I calmed down. I had no idea that it was just the beginning of a long ordeal and contest.

The Black Hood

At nightfall I was taken out of the police station. Not only did they handcuff me again, they also put a black hood over my head. I was escorted to an SUV. It sped off as soon as it hit the highway. I naively wondered if they were just doing this to frighten me. Maybe they’ll just drive in a circle and then bring me home? But the car kept going at top speed, and there was no sign of stopping. I was cramped, wrapped in place by the people on either side of me. And I was nervous. I felt like they had tied the hood too tightly and that it would suffocate me. I asked them politely if they could take it off, promising I wouldn’t act out if they did, but they said it was an order and they had to follow. I then begged them to loosen it a little so I could breathe, but they didn’t pay any attention to me. Then I reasoned with them, trying to win their sympathy, and asked again if they could loosen it a little. The man in the passenger seat shouted, “You won’t suffocate to death!” When those words fell on my ears, I realized that pleading was no use. I should instead stay as calm as possible.

About an hour later the car reached its destination. I couldn’t see anything and had no way of knowing our exact location. They had me get out of the car and squat down. Soon a few people came and did what seemed like a handover procedure. As they talked, I sensed I was being handed over to army troops. They changed my handcuffs but didn’t remove the hood. After we had gotten into another car, I turned to the soldier on my left and mentioned my difficulty breathing. Would he mind loosening the hood a little so that I could breathe through the gap? This soldier pulled the black hood up a little bit. I took the opportunity to thank all of them profusely for their kindness. In response, the soldier on my right pressed a little bit less against me. Not longer after our car entered a compound. We were let in by the gatekeeper, then drove up to a building. After a bit, someone called me out of the car. The men on either side of me took me into the building and told me to watch my step. We went up to the second floor and turned right into a room, where they told me to stand facing the wall. Someone came and took the hood off my head, then told me to strip naked. Then I was asked to squat twice. They searched my body to see if I had hidden anything.

The Special Room

When they were done inspecting me they had me turn to face them, then starting taking photos. They took away my clothes and gave me two sets of soft, casual clothes. One man announced the daily schedule for me and informed me that the next day I was to study the prison rules and regulations posted on the wall. Everyone left except for two soldiers, who stood on either side of me. I asked them if I could rest. They said no, that according to the rules I had to wait until 10:30. So I sat down and read the rules. Then I sized up the room. It was not quite 20 square meters [66 square feet]. To the right of the entrance was a bathroom. A single bed stood against the outer wall of the bathroom. To the right of the bed was open space. Opposite the bed was a padded desk draped with a blue tablecloth. In front of that was a soft high-backed chair. At the far end of the room a heavy curtain was pulled over the window to keep out the light. The walls were completely padded. Even the corners of the desk, the foot of the bed, and the chair were padded and rounded. Around 10 they told me I could get ready for bed and gave me a toothbrush, a towel, and a spoon. Even the handles of the toothbrush and the spoon were rounded and made of rubber. If I wanted to use the bathroom or do anything else, I had to announce my intention and be granted permission before I could proceed. There were always two soldiers guarding me. When I slept at night one would watch me from the head of the bed, the other from the foot. It seemed all these measures were meant to keep me from killing or mutilating myself.

The Interrogation Begins

On the first day, I got into bed as soon as it was time to rest. I couldn’t fall asleep right away, as my mind replayed the events of the day and I considered what fate could be in store for me. Everything felt like half-dream, half-reality. Just as I was about to drift off, someone charged into my room, booming, “Get up and clean up. The special investigation team (专案组) wants to see you!” I had no choice but to get out of bed and get dressed. I moved the toothbrush and other things from the desk to the bed, then sat down and waited for the special investigators. I thought, “The grueling interrogation is about to begin.”

Two men came in. One looked to be over 40 years old, tall and strong. He said his last name was Jiang (姜). The other man was a bit shorter, bespeckled, a little fat, around 30 years old. Later he would call himself Cao Jianguang (曹建光). The first night they questioned me until four or five in the morning. I had just collapsed into bed when the on-duty soldiers woke me up again. After breakfast the interrogators came back. A tall, skinny man wearing glasses had replaced one of the others from before. He said his last name was Wang (王), so I called him Old Wang. (Nearly a year passed before I learned from someone else that Old Wang isn’t surnamed Wang, but Yan [严], so now I call him Lieutenant Yan.) The first two, if I’m right, were from the Beijing Public Security Bureau, while Lieutenant Yan is from the Tianjin PSB. I would see more of him after I was transferred to Tianjin.

They also asked me to confess, but I had nothing to confess. It was unbearable in the beginning. I became aware that I might not get out in the short term, and that I needed a plan, so I thought of writing a letter to my wife. My wife had just told me she was pregnant. We already had two boys and were supporting a large family, but our shared faith doesn’t permit abortion. She had secretly taken out her birth control ring. Then I was taken away, and that was where our conversation ended. I told the special investigators that I wanted to write a letter to my wife. At first they said no, then added that they had to ask for instructions. That evening I started to fast. Besides protesting my illegal detention and demanding the letter, I also hoped to make my psychological crisis a physical one, to divert my attention from the mental pressure through the pain of hunger, and to give myself some happiness when I did eat again. I fasted for over 72 hours, until lunch on the fourth day. They gave me pen and paper. The guard added that if I fasted again they would feed me through a tube.

The interrogations continued as usual every day. Sometimes they would question me three times in one day, morning, afternoon, and night; or else twice in a day.

Transfer to Tianjin

Just before noon on September 8, 2015, I was told to inventory the items they had confiscated from me and sign the list. That night I was informed that due to building renovations I was to be transferred. Right then we left the residential surveillance location in Beijing, and I was secretly transferred to a residential surveillance location in Tianjin. It must have been in a People’s Armed Police building, since I was guarded by armed police officers. (The place in Beijing must also have been a PAP building, too. I think it was in the Xiaotangshan area of Changping, Beijing. I remember when I was there often hearing the sound of fireworks nearby. Perhaps it wasn’t far from a cemetery or a crematorium?)

In Tianjin they took off the white gloves. They did all sorts of things to get me to confess: starving me, forbidding me to move my legs, beating me, intimidating me, forcing me to sleep in a fixed posture, disciplining me. For half a month I was made to sit on a block for 16 hours straight every day.

I was kept in Room 8, facing rooms 11 and 12. I saw these numbers once through the gap in my blinders when I was taken out for my room to be disinfected.

What Happened October 1-10 Above Room 8?

At about 9 a.m. on October 1, I distinctly heard someone above me fall hard onto the floor. There was a soft groan, then no more sound. It seemed like someone had just been given an electric shock. From October 1 to 10, nearly every day I heard interrogations, howling, and moaning in the middle of the night in the room above me. That was when I decided that I absolutely had to control myself, find a way to get out as early as possible, and expose this torture.

I guarantee this is not a hallucination. I hope the day will come when people on the outside can see the site of this terrible torture with their own eyes: the room above Room 8 at the 709 residential surveillance location must be a special room. I often heard them moving all kinds of equipment, dragging it here and there. There was the incessant sound of installation and adjustment, lasting for two months straight at least. I don’t know what happened up there. Just before the 709 residential surveillance came to an end—that is, in the last few evenings before the 709 detainees were formally arrested in early or mid-January 2016—from Room 8 I heard people organizing files, stacking papers on top of each other. It often sounded like meetings were being held up there, too.

Devils in White

After I was transferred to Tianjin, it was around October when they suddenly started giving me daily checkups. They would take my blood pressure and check my heart rate. I could tell they were nervous. Every other week or two they would bring in an electrocardiogram and check my heart. With this change I realized some among us must have started having health problems. There was a Director Zhou, and a doctor who I think was named Liu He, who examined me. Every doctor and nurse was expressionless and stony-faced, like robots. They did not interact with me beyond routine business, and I never felt a drop of good will from them. I had no way of knowing their names or identities. This was terrifying. They did whatever the higher-ups told them to do, regardless of how I felt about it. If I made a request of any kind, they either would ask the special investigators for instructions or simply not respond at all. You would think they were angels in white, but the more I saw them, the more they seemed like devils in white.

Taking Medicine

While in Tianjin, nearly all of the 709 detainees, as I’ve since learned, were forced to take medicine. Every day a physician would bring the medicine, and every time they would shine a flashlight in my throat to make sure I’d swallowed. It was about four white pills each time. They said I had elevated transaminases and that it could be a problem with my liver. But I’m a vegetarian. I don’t smoke, I don’t drink. I’m in good health and haven’t had any health problems. I’m also not in the habit of taking medicine. I think everyone’s body is unique. Even if a certain indicator is high for someone else, for me that same reading could be just fine. I tried reasoning with them several times and refused to take the medicine. Then the physician, the discipline officer and the warden had to come force feed the pills to me. I had no choice but give in. After about two months the medicine stopped.

Xie Yanyi, Yuan Shanshan2

For a few months in mid 2016, Xie Yanyi’s wife Yuan Shanshan (原珊珊) was constantly moving with her baby to evade police harassment. Watch Sky News Video.

Sitting on the Block

At first I had a high-backed chair in my room. Then it was swapped for a block with nothing to lean on when I sat down. I sat there for at least 12 hours a day, sometimes as much as 16 hours a day. When you’re sitting on the block you are not allowed to rest your hands in your lap for support, andthe on-duty soldiers carry out orders to the letter. You can all try sitting on a block, or a stool, without resting your hands, so that you only have the strength of your back to support you. An hour is fine. What about ten hours, a hundred hours, a thousand hours? Few of you will be able to imagine it. If you aren’t cooperative during an interrogation, all they have to do is to put you on that block, and you will succumb to their control.

I’ll give an example. Once I asked to revise an interrogation transcript. They beat me and boxed my ears. For more than ten days after they only gave me half rations, nothing more than a few bites of vegetables and one small steamed bun or a few mouthfuls of rice. For 16 hours, from morning to night, I had to sit, and when I slept I had to hold a posture as dictated by the guards. They asked me to sit on the block like a soldier: head up, chest out, back straight, hands on knees. Except for using the bathroom, I was not allowed to move at all from 6 a.m. to 10 p.m. In the end I sat so long that my legs tingled and went numb. When I had to relieve myself, I physically couldn’t. They don’t have to beat you and they don’t have to curse at you. All they have to do is make you keep sitting like that. You’ll either die or be crippled.

Interrogation Questions

Day after day the interrogations went on. Starting with my lawsuit against Jiang Zemin (江泽民) for violating the constitution and popular will by staying on as chair of the Central Military Commission in 2003, to the 2005 signature campaign to help lawyer Zhu Jiuhu (朱久虎), to advocating for direct election of members of the Beijing Lawyers Association in 2008, to signing Charter 08, to the China Human Rights Lawyers Group, to human rights cases I had taken on over the years, to rescuing fellow lawyers, to petitions, to letters of appeal I had written, like the one calling for Tang Jitian (唐吉田) to have his right to practice law reinstated, and the one calling for the release of Chen Yongzhou (陈永洲) and the protection of his rights as a journalist; from raising funds at a seminar in Zhengzhou for the lawyers detained in Jiansanjiang (建三江), to Liu Jiacai’s (刘家财) incitement of subversion case, to Zhang Xiangzhong’s case (张向忠), to Falun Gong cases, to Xu Dong’s case (许东), to the Qing’an shooting (庆安), and on and on, and then to taking the position of legal advisor in Qin Yongmin’s organization Human Rights Observer (秦永敏,人权观察), to helping Qin Yongmin himself; from giving interviews to foreign media, to my participation in academic symposia in Hong Kong, to my compilation of Roads of Faith (《信仰之路》), to the articles on peaceful democratic transition I had posted online, and even to a dinner I had organized in Beijing in early 2015—they asked me about all of these.

When they asked about other people—who was at a particular event, who had participated—my default answer was: I don’t know, I couldn’t quite remember. I insisted on this during the endless interrogations, but as long they didn’t get what they wanted they wouldn’t stop. When they had tried everything, when they had asked me repeatedly and I wouldn’t comply, they brought printouts from the internet, my communication history, online records, to verify with me one by one. They were the ones who brought up theoe names, but in the interrogation transcripts, they made it look as though I had given these names to them. Later, they didn’t even bother to play this trick; instead they would simply type up “transcripts” and have me sign them.

But early on and often I vowed to them that I wouldn’t hurt anyone. I insisted that my actions had nothing to do with anyone else, that I’d take full responsibility for all my deeds, that I respect the facts and the law, and that I would not shirk my own problems.

They took great pains with me, because they also had to report to their superiors. If I didn’t sign, that meant I didn’t comply, and that would be their failure. They told me if I made it difficult for them, they wouldn’t let me go. If I had a bad attitude, they had all sorts of ways to torment me. Once you’re in the detention center, if you don’t cooperate, they punish all the inmates in the same cell and don’t let them have daily yard time. In short, they had a thousand different ways to force me to submit, but one thing is certain: during more than a year and a half of interrogations , I didn’t identify a single person, and I didn’t give them a single piece of information that would implicate anyone else.

Their method is to turn everything upside-down inspecting your computer, your phone, your books, your possessions, your contacts, all records of your life. From elementary to high school, your parents, your family, your relatives, your friends, everything about you is in their grasp. It is a boundless war (超限战), meaning there is nothing they won’t do to get what they want. For example, they showed me photos of my newborn daughter, videos of my son in class and playing the horsehead fiddle; and they threatened to detain my wife, Yuan Shanshan (原珊珊). That nearly broke me.

Walking

Walking was the only diversion I had.  Except for when they forbade me to move at all, every day I asked the two soldiers for permission to walk back and forth the two or three meters between my two minders. By my rough estimate, I must have walked at least a couple of thousand kilometers during my six months of secret detention. At first walking was one of the greatest pleasures, but later on I walked so much I hurt the ligaments in my knees. But still I told myself to keep walking. I was afraid that they would take away this one small freedom from me.

Disappearing Money

In February or March 2016, Lieutenant Yan and Officer Li came and had me inventory my credit cards, bank cards, ID card, household registration, and personal records, and had me sign a statement about my confiscated possessions. They said as soon as I signed they would send everything back to my wife. I noticed right away they didn’t have a laundry list of the items, yet this document I had to sign stated that “all of the above-mentioned items were on my person [at the time of my detention].” I didn’t know whether to laugh or cry, but I objected immediately. It was summer when they detained me and I was only wearing shorts. I had had nothing on me besides my keys and some loose change. In any case, it makes no sense for anyone to carry his or her household registration and personal files. But if I didn’t sign they wouldn’t send anything back. My wife had to care for our three children and she doesn’t work. She needed those documents. I had no choice but to sign. When I got out, however, I saw that hundreds of thousands of yuan had vanished from my bank account. I heard that Chen Guiqiu (陈桂秋), lawyer Xie Yang’s wife (谢阳), also saw all her savings evaporate overnight. To this day, the bank has been evading my inquiries about my account activities during my detention.

Red Vests

All of the 709 detainees wore red vests in the detention center. Ordinary criminals wear blue vests; death row inmates and people convicted in certain corruption cases, like the 2015 Tianjin explosions, wear yellow; and inmates who are ill wear green. Red is for the highest level of inmates, the ones dealt with most strictly. My vest number was 166. I know that Wu Gan’s (吴淦) is 161 and Xing Qingxian’s (幸清贤) is 169. I was in cell C5. One of them was probably in C6, the other in C7. We were all close by, but red vests were forbidden from seeing each other and were questioned separately. I had to ask permission to do anything, including drinking water or using the toilet. The HD cameras set up in the cell monitored our every move. Every day when I had to relieve myself, the on-duty cellmate would go to the intercom by the door and report this to the discipline officer. Once the discipline officer approved, two cellmates would lead me to the bathroom, one in front of me and one behind. I never spent a cent on anything in the detention center, both in protest of the substandard meals and of the unsightly one-upmanship that went on among my fellow inmates. I went on eating my ration of cabbage every day. It was true that, several times, the detention center sent me food and supplies (I suppose they did the same for the other 709 detainees, too), and on those occasions I’d have a share for myself and distribute the rest among my cellmates. And the moldy peanuts my cellmates threw away were my favorite treat.

Confession

People have asked me if I gave any oral or written confessions. In those 500 long days, I wrote at least two notes of repentance. For the first one I wrote the bare minimum. I didn’t use words like “confess” or “repent,” and I put the primacy of human rights, peaceful democracy, and the rule of law at the core of my self-criticism. They weren’t satisfied and forced me to write another note. In the second one I admitted that I had incited subversion by advocating for peaceful democracy in my writings. At last, when I had done what they had asked, they didn’t forget to make me title it “Note of Repentance.”

Let me explain my thinking at the time: First, I wanted to make things a bit easier in case I had to stand trial, the sooner to rejoin my family. Second, I told myself that I had to get out and bear witness to the torture we were suffering, to keep the public’s attention on my peers still in prison, to help others avoid this treatment, and to pave the way for this whole injustice to be reversed! Third of all, I was completely cut off from the outside world. They found all kinds of ways to keep me in submission: not letting the cell block out for exercise if I was uncooperative; telling me everyone else had been released except for me; showing me the videos of the trials of Zhai Yanmin (翟岩民), Hu Shigen (胡石根), Zhou Shifeng (周世锋), and Gou Hongguo (勾洪国), and of Wang Yu’s (王宇) televised interview, and showing me their confessions and notes of repentance; playing me videos of my kids; showing me the photo of my newborn daughter; and on and on.

Once they dressed me up and taped me reading a statement they had prepared. They promised me up and down that the video was only for their superiors, not for the public. They made me write things and videotape things. I once told them in no unclear terms that all of this wasn’t about my own needs but about their superiors’. To me, whether I was inside or outside prison I would shoulder my responsibility just the same, and neither was easy.

Courtroom Dream

As I watched Hu Shigen’s trial, I was stunned, and inspired, by the look in his eyes. I also made plans for the worst. In the court, Mr. Hu admitted that he was guilty of subversion of state power, but he also used the opportunity to lay out his political theory, turning CCTV and many other  state media outlets into his podium. He expounded on the three factors of peaceful transition to a constitutional democracy and the five proposals. I thought that if the day came for me to stand trial, I would do the same as Mr. Hu and present to the public the concept of peaceful democracy and the policies to implement it. It was just like they say, seek and you shall find, a result befitting my years of devotion to the effort to realize peaceful democracy in China. I imagined the scene in the courtroom. If my family could be there too, I would also tell my children, “Daddy loves you. Daddy can’t go fishing or catch grasshoppers with you anymore. Daddy is doomed to miss your childhood. But Daddy hopes you will remember that conscience has no price.”

Troubled Interrogators

The interrogators, I sensed, were not at ease doing what they did. From the highest to the lowest, they were beholden to personal interest, force, and power. They had no moral sense, each ready to jump ship if he had to save himself. The 709 case, I would say, was a hot potato from the very start. I was questioned by people who called themselves Old Jiang and Cao Jianguang (both from Beijing), Old Wang (who turned out to be surnamed Yan), Liu Bo (Lieutenant Liu), Officer Li (Tianjin), and two or three others whose names I don’t know. There was also one from the Ministry of Public Security who might have been surnamed Liu, who recited the Heart Sutra for me. They said that, year in and year out, they dealt with cases involving the big tigers, the highest-level officials. They were clearly not just ordinary public security bureaucrats. The thing is, though these insiders looked and acted strong, they knew full well that they were breaking the law and that this time they were facing extraordinary opponents. I could sense that nearly every one of them wavered at one time or the other, feeling tormented themselves and not knowing what to do. Then there were the armed police who guarded me. Except for the cruelty of the imprisonment itself, I clearly sensed their conscience, their natural goodness, and their disapproval of the atrocities perpetrated against me.

Residential Surveillance at a Designated Place

This coercive practice known as “Residential Surveillance at a Designated Place” is probably rooted in intraparty struggles and corruption investigations. In recent years it has spread and been legalized. In Party parlance this form of custody is known as “double designation” (双规) or “to be isolated and investigated.” It can be perverse or straightforward, lax or strict. It all depends on the demands and preferences of whoever’s in charge. It is essentially domestic discipline—extrajudicial punishment.

Xie Yanyi, returns home to wife and children

Xie Yanyi was released in January 2017.

When you are under residential surveillance at a designated place, such as I was, there is no outside mechanism to monitor the process, no channel for relief, not even a legal mechanism to protect your health or your sanity. Your family and your lawyers are left in the dark, unable to meet or communicate with you. No one even knows if you’re alive or dead. In the process abuse and torture are inevitable. This is why cases continuously emerge of unusual deaths, mental illness, and bodily harm occurring during the residential surveillance.

I Challenge You

Since I was released I’ve felt conflicted. I wanted to expose these crimes, but I didn’t want to hurt anyone, not even the perpetrators. After much consideration, I still decided to speak what I know, because even exposing the criminals would benefit their children and their grandchildren. I would like here to address the head of the Tianjin Public Security Bureau, Zhao Fei (天津市公安局局长赵飞), and his subordinates: I believe that yourselves and the special investigators all have the qualifications, as well as the duty, to stand up and explain the 709 case to your superiors, including the Supreme People’s Procuratorate, the Central Committee of the CCP, the Central Commission for Discipline Inspection, and the entire nation. What happened? What exactly did these lawyers and citizens do? Is what they have done legal or illegal? Reach into your conscience and tell us: Are their actions and conduct truly harmful to a country, a people, a society? Were they defending the rule of law and human rights, or were they committing crimes? Who exactly is afraid of them? Who ordered you to torture these lawyers and citizens? What were you trying to accomplish? Why did you pick Tianjin to handle the 709 case, as it went against procedural law? Who made that decision?

Director Zhao Fei, I demand that you stand up and tell your fellow countrymen why you let torture happen under your watch. What was going on in the room (the torture chamber) above Room 8 from October 1 to 10? What happened to Hu Shigen? What happened to Wang Quanzhang? What was the plan for 709 crackdown? Who planned the Cultural Revolution-style trials of public opinion and the media smear campaigns? How did you get government-appointed lawyers involved? Whose despicable idea was it to force some of us to confess and to televise the confessions? Who gave you the right to tape the 709 detainees? You didn’t even make exceptions for the young paralegals Zhao Wei (赵威) and Li Shuyun (李姝云). You labelled these 20-somethings subverters of state power. Who decided to turn everyone into an enemy of the state? Who decided to charge us with picking quarrels and provoking troubles first, then switch the charge to inciting subversion of state power, and finally to subversion of state power itself? As a law enforcer, did you give expert legal advice to your superiors? Who ordered the cruel and criminal treatment of the detainees—the secret detentions, the starvation, the sleeping postures, the ban on movement, the 16-hour sessions of sitting like a soldier? Who ordered that we be forced to sign the transcripts of our interrogations, deprived of our right to petition, deprived of our right to defense, forced to take medicine? Who ordered you to appoint lawyers for us against our will and devise all kinds of tactics to intimidate us? Who sent the procurators and special investigators to coax me and try to change my mind? When you confiscated my possessions, why didn’t you inventory my credit cards, my bank card, my ID and all the other items? Why haven’t you returned what you took from me? Who gave you the right to monitor the phones and online communications of citizens?

Calm in the Storm

My time inside was hard to endure. The detention center is a bit better; residential surveillance is much worse. Truth be told, I was eager to leave my imprisonment the first three months, but then I slowly settled down. After I got to the detention center they continued to interrogate me regularly and try to persuade me to do their bidding. They even enlisted my cellmates and the discipline officer to change my mind. I told them that they were the ones who were fretting over gains and losses, and that, for me, it wouldn’t matter if things turned out to be one way or the other. At this age, I told them, I shoulder my responsibility when I’m on the outside, and I do the same when I was sitting in prison. Sitting in prison might even be a bit easier and quieter.

Having reached an equilibrium, I really look down on them: some of their ideas and ways of doing things are so low and so despicable. They aren’t worthy opponents in intelligence or ability. I pity them more and more. They deceive, they bluff and they fret. They put on an act in front of me. As for me, I have learned from experience the power of the Dao: the have-nots conquer the haves, the calm conquer the restless, the weak conquer the strong.

 

Excerpted and translated from Chinese by China Change. 

 


Related:

Transcript of Interviews with Lawyer Xie Yang (1) – Arrest, Questions About Chinese Human Rights Lawyers Group, January 19, 2017.

Transcript of Interviews with Lawyer Xie Yang (2) – Sleep Deprivation, January 20, 2017.

Transcript of Interviews with Lawyer Xie Yang (3) – Dangling Chair, Beating, Threatening Lives of Loved Ones, and Framing Others, January 21, 2017.

Transcript of Interviews with Lawyer Xie Yang (4) – Admit Guilt, and Keep Your Mouth Shut, January 22, 2017

Crime and Punishment of China’s Rights Lawyers, Mo Zhixu, July 23, 2015.