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A Joint Statement Upon the Establishment of ‘China Human Rights Accountability Center’

January 10, 2017

 

universaldeclarationofhumanrights

 

 

On December 23, 2016, President Obama signed into law “The Global Magnitsky Human Rights Accountability Act” (NDAA 2017, section 1261-1265). The law authorizes the U.S. president to levy sanctions against foreign nationals who engage in the following acts: significant corruption, extrajudicial killings, torture, violation of international human rights covenants, and persecution of those who expose government corruption or seek to defend internationally recognized human rights.

The mechanisms it provides to the president to carry out such sanctions include prohibiting or revoking U.S. entry visas or other entry documentation; freezing and prohibiting U.S. property transactions of an individual if such property and property interests are in the United States, come within the United States, or are in or come within the control of a U.S. person or entity.

The absence of democratic election, rule of law, and checks and balances, breeds corruption. As a result, power and money work hand in hand to pillage the people and society.

The Chinese communist regime is unrestrained in violating China’s own law and internationally recognized human rights standards. Its barbaric attack on civil society actors is widely known; forced disappearances, torture in custody, illegal and arbitrary detention, and use of severe prison terms have become routine.

While the regime acts at will to violate its own laws or alter them as it sees fit, it has also established an extralegal apparatus dedicated to human rights persecution, systematically targeting rights defenders.

The Chinese Communist regime uses the promise of profit to turn interest groups in China into violators of human rights — and these human rights violators in turn operate under the shelter of the regime, never punished for their transgressions.

As human rights defenders, we will use this new U.S. law, as well as similar laws that have been and will be passed in other countries, as a tool to bring sanctions against Chinese human rights violators and corrupt officials.

We hereby announce the joint establishment of the China Human Rights Accountability Center (中国人权问责中心).

The Center will conduct the following tasks:

  1. Collect cases, data, and evidence on Chinese human rights violators and corrupt officials;
  2. Write reports based on such data and evidence;
  1. Push the U.S. government to enforce the Global Magnitsky Human Rights Accountability Act, to ensure that specific and effective sanctions are taken against human rights violators;
  1. Promote the establishment of similar human rights accountability legislation in other democratic countries.

The work of the office will be conducted in the San Francisco Bay Area and in Washington, D.C.

Founders (not in order of importance):

Hu Jia (胡佳), Yaxue Cao (曹雅学), Zhou Fengsuo (周锋锁), Yang Jianli (杨建利), Chen Guangcheng (陈光诚), Teng Biao (滕彪), Han Lianchao (韩连潮), Bob Fu (傅希秋), Fang Zheng (方政), Tong Mu (童木).

 

(The official website is under construction. Inquiries may be sent to renquanwenze@gmail.com)

 

 


关于成立中国人权问责中心的声明

2016年12月23日,美国总统奥巴马签署了全球马格尼茨基人权问责法(The Global Magnitsky Human Rights Accountability Act) (《2017财政年度国防授权法》第 1261-1265节),该法案正式成为美国法律。

该法律授权美国总统对犯有下列恶行的外国人进行制裁:有重大腐败行为;法外杀人;酷刑;违反国际公认人权、对人权倡导者或曝光不法政府官员的人进行迫害。

该法律授权美国总统通过拒绝签证、取消已有签证,冻结在美财产、禁止在美交易财产的方式对人权侵害者以及腐败官员进行制裁。

由于民主选举的缺位、法治不存在、新闻自由和公民社会被压制、监督与平衡机制缺乏,当下中国贪腐遍地,由上至下权钱勾结,搜刮人民,掠夺社会。

中共政权无视中国法律,无视国际公认人权标准,肆无忌惮地侵害人权,疯狂攻击公民社会,强迫失踪、酷刑、非法拘禁、任意羁押成为家常便饭。越来越多的公民因为倡导基本人权而遭到骚扰、迫害、和重刑惩罚。

中共政权不但恣意违反或修改自己的法律,而且在法律之外建立了系统性的反人类、反人权的迫害体系,有组织地对人权捍卫者进行迫害。

中共政权使用利益收买的方式驱使各种既得利益者成为人权施害者,这些人权施害者在中国的保护伞下不会受到任何惩罚。

作为人权捍卫者,我们将使用“全球马格尼茨基人权问责法”以及更多国家类似的法律所提供的工具,推动对中国的人权施害者和贪腐者进行制裁和惩罚。

我们在此郑重声明,共同发起成立“中国人权问责中心”。本中心将致力于:

  1. 系统搜集中国人权侵害者和贪腐者的案例、数据和证据;
  2. 撰写关于人权侵害者和贪腐者的报告;
  3. 持续推动美国政府实施全球马格尼茨基人权问责法,对人权侵害者施以有效惩罚;
  4. 推动世界各民主国家建立类似的人权问责法案。

本中心的常设工作地将设在美国旧金山湾区和华盛顿DC。

 

发起人(排名不分先后):

胡佳、曹雅学、周锋锁、杨建利、陈光诚、滕彪、韩连潮、傅希秋、方政、童木

2017年1月10日

 

附:《全球马格尼茨基人权问责法》全文中译

 

 

 

Lawyer Xia Lin Will be Sentenced on September 22, and It Will Have Nothing to Do With the Law

Guo Yushan, September 22, 2016

 

Lawyer Xia Lin. Photo: Initium Media

Lawyer Xia Lin. Photo: Initium Media

 

On September 22, after nearly two years in detention and a trial in August, lawyer Xia Lin (夏霖), my friend, will finally face his sentence.

Whatever he’s been charged with, it’s clear to everyone that it was only because he defended me that he has been imprisoned, and suffered as he has to this day.

In May 2014, Xia Lin got dragged into a number of disputes because of his involvement in Pu Zhiqiang’s (浦志强) case. One day in mid June, me, Xia Lin, and Kaiping (黄凯平) were sharing drinks at Beijing Worker’s Stadium, lamenting Pu’s case. At a break in the conversation, Xia Lin suddenly said to me: “If you get sent to prison in the future, I’ll be your lawyer. I’ll fight your case publicly to the end and I’ll do whatever it takes.” I replied that, of course, if I’m thrown in jail, fight it by all means, fight it as you see fit, and you don’t have to worry about the consequences for me. That we concluded, with Kaiping as witness, raising our hands in toast and draining our cups.

Who’d have thought that the day would come so soon? Three months after the drinks at Worker’s Stadium, both Kaiping and I were taken into custody [in October 2014]. Xia Lin indeed defended me. A month later, he was also detained. In the time that followed I was bounced between three detention centers, while he was kept in the Beijing First Detention Center. A year later I was released on bail — but they kept him behind bars because he refused to supply a confession. Another year passed, and only now is he going to meet a verdict.

We’ve all paid the price we expected.

The price is bound to be exacted, given that we’ve chosen our stance toward this country since when we were young. Xia Lin made his choice in the flush of his youth, as part of the 1989 generation, choosing to go to Tiananmen Square, wearying his spirit in the struggle with his peers to improve this country. He again made his choice when he was a student at the Southwest University of Political Science and Law (西南政法学院), where he made an open vow never to be a lackey or collaborator with evil.

This he achieved. He never wavered from his course for 27 years. From Guizhou to Beijing, from a commercial lawyer to a human rights lawyer: the road of life he took became rockier and rockier, but more and more soul stirring.

As for the price of a life to be paid — Xia Lin, like me, is ready for it. He’s much more awake than I to the reality of how the system reacts, and its brutality.

Our lives have been interwoven together, as if by fate, from our first meeting in Mao Haojian’s (茅海建) course on modern Chinese history at Peking University. In 2004 after fellow students and I were surrounded on the Jingyuan Lawn on campus, where we protested [over the death of a female student], he came with law books and an attorney contract, walking around the lawn, always within reach. In 2008 during the Deng Yujiao case (邓玉娇案), he was in Badong County, Hubei, and I rushed there from Beijing to be a help to him.

In 2012, after I drove Chen Guangcheng to the American Embassy, Xia Lin sat in my study and combed through all the possible charges the authorities could resort to for reprisal, from “subversion of state power” to “illegal business operations.” He analyzed and whittled through them one by one. Two years later, when I found myself in prison, all that probing became precious legal experience.

We all know the fates we’ll come to assume in history. Both Xia Lin and myself, and so, so many of our colleagues, are all fated to be the stepping stones, the paving stones, for the age of the future. Accepting this humble place in history is our honor.

As for what lays ahead, we’ve not changed what has animated us from the beginning, and we won’t.

Whether we’re slandered or given heavy sentences — what surprise will it be in today’s China? When I was first arrested, I repeated to myself, and to the authorities, over and over again: If I were to be sentenced, one day will be the same as a decade. With Xia Lin, who is so proud, it’s the same.

The September 22 sentence might be, say, 11 years imprisonment, or it might be 2 years, but however many years it is, it will have had nothing to do with the law. This is our fate. We have no choice but to accept it.

Such is our world — so top up the goblet. On September 22 I’ll be outside the court with wine, waiting for the outcome. But for Xia Lin, for myself, for the judge Yi Daqing (易大庆), for the 101 Special Investigation Team assigned to my and Xia Lin’s case, this isn’t the conclusion. It’s just the beginning.

 

Guo Yushan

September 20, 2016

 

Guo Yushan (郭玉闪)

Guo Yushan (郭玉闪) was the head of the now disabled Transition Institute (传知行), an independent think tank in Beijing that advocates political and economic liberalization. Mr. Guo was one of the founders of the Open Constitution Initiative (Gong Meng公盟). He was detained in October 2014, tortured during detention, and released on bail in September 2015.

 

—————

Also by Guo Yushan:

Civil Disobedience in Sodom – A Letter to Xu Zhiyong, August 10, 2013.

 

郭玉闪《江山如此,有酒盈尊》

 

 

 

Statement Upon the Third Anniversary of the Chinese Human Rights Lawyers Group

Chinese Human Rights Lawyers Group, September 13, 2016

 

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On September 13, 2016, Chinese Human Rights Lawyers Group marks the third anniversary of its founding.

Over the last three years, the Chinese Human Rights Lawyers Group has been an open platform for lawyers, offering them a channel to get to know one another, exchange their thoughts, and put out calls for mutual aid. It has also become the main force in “effective criminal defense,” Chinese-style. We deeply believe that behind these achievements lies the fact that human rights is not a dull, abstract idea, or some unfathomable theory — the universality of human rights is already deeply rooted in the hearts of the Chinese people. They spring every moment from the human experiences of freedom, safety, equality, and dignity. We realize that as long as there are lawyers, they’ll inevitably defend rights, they must defend rights, and that in the final analysis, all that they do is directed toward safeguarding human rights. Thus, the Human Rights Lawyers Group is extremely happy to become a bridge, operating within a legal framework, for Chinese lawyers to throw themselves into the work of safeguarding human rights in whatever form it may take.

Over the last three years, this group of lawyers has intervened in countless cases of human rights violations, making passionate appeals to the public, taking on defense cases, and persisting in legal appeals. They’ve withstood immense pressure and put their personal safety at risk in order to expose the facts and uphold the truth, demonstrating a rare and precious courage and sense of responsibility. They rejoice with the just disposal of each case, and their hearts ache at the countless human rights tragedies trapped in the black hole of the system. If these lawyers can’t be the sharp sword defending civil liberties, then they’ll be the stubborn, final thorn in the side of those who would abuse power. They’ve been ground and polished into a shining spearhead by a maelstrom of suppression. But they’re also full of warmth and affection for the people living on this land.

Over the last three years, human rights lawyers have, as expected, been on the receiving end of retrograde suppression. This includes many of the lawyers arrested during the “709 incident,” still not free to this day. After those arrests, the United Nations High Commissioner, the U.S. State Department, over ten countries in Europe, and a large number of legal associations around the world, all expressed serious concern and condemnation. And after the show trials of four [one lawyer and three activists] in early August, and the deceptive propaganda in state media that accompanied them, China’s own public began to wonder whether we were even living in a modern country.

In China, the protection of human rights has been written into the constitution, but what’s written on paper is no more than dressed-up formality: intellectuals don’t dare to speak up, and victims are ignorant of their rights. When we look toward the future, we will have to face the following problems:

In 2015, the United Nations’ Committee against Torture provided concluding remarks about China in its quinquennial report, describing the battle against torture in China as particularly severe, with enormous work still left to be done. China executes the greatest number of people of any country in the world, while 150 countries in the world have already abandoned the extremely cruel death penalty. The Chinese government signed the United Nations’ International Covenant on Civil and Political Rights in 1998, but 16 years later to the day, the Standing Committee of the National People’s Congress has still not ratified it. Instead, the authorities have passed or implemented the “Foreign NGO Law,” the “Charity Law,” the “State Security Law,” and the “Cybersecurity Law” that is currently available for public feedback. Clearly, the effect of all these laws is to suppress rights imperiously.

While this has happened, offenses like “picking quarrels,” endangering state security,  and other “pocket crimes” [so named because, like a pocket, one can put anything in them] have been given a broad interpretation and been widely abused to target political offenders. Freedom of expression has thus been severely muzzled, the public has been left with no channels to vent its frustration, and their creativity is fading. State media have been delivering pre-trial guilty verdicts on human rights cases, while claques of Communist Party boosters online and the “internet army” have been more active than ever before, with a “small bunch of people” [as the Party names its perceived opponents] having their Weibo and Weixin accounts shut down on the slightest pretext. All this has made the absence of free speech more obvious than even before.

Law enforcement agencies are abusing the law, making regular people live in anxiety and dread. Incidents like “Taiyuan police beating a peasant woman to death,” and the “Lei Yang incident” are cases in point. There are also numerous instances of extralegal restrictions on the rights of citizens, including abuses like “shuanggui” and “residential surveillance at a designated place.”

When it comes to worker rights, the enforcement agencies are hopelessly bureaucratic, the worker unions sit by and do nothing, the arbitral awards system exists in name only, and judicial channels of redress are tedious and complex, exhausting enough to wear out workers who would use them to protect their rights. A number of legal service NGOs that helped workers defend their rights became targets for attack, after their work fell afoul of vested interests. Social insurance fees are far too high; there are countless obstacles for unemployment relief; the retirement age is too high — all of which leads the youth of society to feel that they’re being crushed into dregs.

With an unjust judiciary, the absence of civil and political rights, economic growth flagging, an imbalanced distribution of educational resources, unreasonable budget allocations, discrimination against certain social groups for all manner of reasons, and a range of other phenomena, we’re not optimistic about the current human rights situation in China. There are many more issues than we can list here.  

Therefore —

We will pour our efforts into calling for judicial transparency and independent trials, and strongly demand that judicial organs guarantee the visitation rights and rights to legal representation of those detained during the “709 incident.” We also demand that they be given the right to a transparent and fair trial.

We will continue to demand the truthful disclosure of all public incidents, for limitations on police power, and for the guarantee of personal liberties.

We will continue, as we always have, to provide legal representation to citizens who simply pursue their fundamental human rights. We believe deeply that the individual awakening of each citizen shows that the value of human rights has become deeply rooted in the hearts of the people.

We call on the legislative organs to ratify a series of international human rights conventions: these conventions are civilization’s distillation of lessons hard won through suffering, slaughter, war, and religious persecution. Refusing to do so is like refusing sunlight and air. We demand that the process of creating legislation be democratic. We can’t accept that the law be a tool for a few to repress the rest of the population.

Our love for this country is so deep that our hopes are all the more earnest, and our censure all the more severe. We demand that those who trample on human rights and disregard the rule of law be investigated and held responsible. But we will not blame any specific political party, class, interest group, government official, and even less be angry at the common folk for not fighting back in the face of it all. Every single person in China has an unshirkable responsibility for the progress of human rights. We’ll begin little by little, and change the future with concrete actions.

We make our appeal again: We need a society where people can express themselves. We need a society where people can live openly and freely, with basic human dignity. In order to realize these ideals we’ll walk this tortuous road without letup for as long as it takes. History will bear witness to our suffering and tears, and in the future, our country will remember the sacrifices its human rights lawyers have made for it. This we believe, truly and deeply.

Friends: may human rights abide forever, and that we all come to share them. As the Mid Autumn Festival approaches, good things come in pairs. Let’s begin our journey with the cry: “Human rights are paramount, and freedom is forever!”

 

Chinese Human Rights Lawyers Group*
September 13, 2016

 

Editor’s note: The Chinese Human Rights Lawyers Group has 315 members currently.


Chinese  《中国人权律师团成立三周年献辞》

 

 

“My Name is Li Heping, and I Love Being a Lawyer”

Li Heping, Ai Weiwei, August 21, 2016

This is a translation of an Ai Weiwei interview of lawyer Li Heping (李和平) in July 2010 (here, here, here, and here) that was released only recently. Beginning from his first involvement in “sensitive” cases around 2002, Li Heping went through the trajectory of his years as one of China’s earliest rights lawyers, including police brutality against him in 2007. Over the past decade or so, many early rights lawyers have withdrawn from the scene under duress, but Li Heping is one of the few who have persevered. He was arrested in July, 2015, as one of dozens of rights lawyers in what is known as the “709 Crackdown” of human rights lawyers and activists. After a year of secret detention with no access to legal counsel or to family, his case has recently been sent to prosecutors for indictment, but earlier this month, Chinese state media seemed to have already charged him with “using funds from a certain overseas NGO to engage in subversion of state power.” If the spectacle of the four show trials in early August is any indication, the entire 709 crackdown is spurred by unfounded fears and is a mockery of the rule of law.  – The Editors

 

Li Heping screen shot

 

My name is Li Heping (李和平), and I love being a lawyer. I’ve served as counsel in many cases that have met with success, and that feeling of accomplishment makes me really happy.

Starting in 2002 I started getting involved in cases that were deemed sensitive — for example, cases involving Article 105 of the Criminal Law, “subversion of state power.” The first case I took at that time was the “New Youth Study Group” (新青年学会) where the Procuratorate had charged Yang Zili (杨子立) and three others of “subverting state power.” The first time I defended them was when I came to understand issues associated with politics and prisoners of conscience, and I was really shocked. At first, I was really at a loss as to how to defend them. Back then I didn’t know much about politics, democracy, republicanism, constitutionalism — I only knew how to mount a defense from the perspective of criminal law and the criminal process. But I later found that this sort of criminal procedure defense is simply useless.

When the young migrant worker, new college graduate Sun Zhigang (孙志刚) was beaten to death in police custody in 2003, we also paid close attention. Back then Xu Zhiyong (许志永), Teng Biao (滕彪), and Yu Jiang (俞江), the three PhDs in Law from Peking University, wrote a citizen petition demanding that the National People’s Congress abolish the draconian “Custody and Repatriation Regulations” (《收容审查条例》).  And later, Wen Jiabao and Hu Jintao, who had just assumed office, did abolish these regulations. We were really happy. In 2004 and 2005 it seemed that the internet was so dynamic and active, lots of people and cases would be exploding online, and we’d always be following them. Although, at the time the number of cases I actually participated in was quite few. I heard that there was a Gao Zhisheng  (高智晟) who’d written three open letters about Falun  Gong cases. He’d written a letter to Wu Bangguo (吴邦国), head of the NPC, demanding that the NPC examine Article 300 of the Criminal Law, about “using a heretical religious organization to undermine the implementation of the law.” He also demanded that they stop this sort of campaign-style persecution against Falun Gong. The impact of these three letters was huge. In 2004 there was also the lawyer Guo Guoting (郭国汀), who was punished by the judicial organs for representing sensitive cases — they threatened him with shutting down his legal practice. I was rather baffled: He’s a lawyer defending a client, and you’re going to shut down his firm? I really didn’t get it back then.

The Yang Zili Case and the Northern Shaanxi Oilfield Case

In 2005 when Yang Zili appealed, his wife Lu Kun (路坤) also asked Gao Zhisheng for help, who then notified me. That’s how I came to know Gao Zhisheng, and we got involved in Yang Zili’s appeal together. While that was underway, I also came across the Northern Shaanxi Oilfield case (陕北油田案), which is where the Shaanxi provincial government attempted to nationalize privately-run oil wells, and the owners of those wells didn’t agree. There was a lawyer, Zhu Jiuhu (朱久虎), who went and offered legal services to those well owners and was arrested by the local government. At that point myself and Gao Zhisheng, as well as some other lawyers who also got involved, went to represent Zhu Jiuhu. We had all the paperwork in order to visit Zhu, but were denied visitation by the local officials. A lot of interesting things happened — for example right outside the door of the police station, the armed police came and surrounded us. But thankfully six months later they released Zhu.

许志永采访_05年陕西_武警

In Shaanxi in 2005. From left: Gao Zhisheng, Li Heping, and Teng Biao. Xu Zhiyong was taking the photo.

 

The ‘Dongyang, Huashui’ Case

Afterwards there were a series of similar cases — for instance, the incident in Huashui township, Dongyang city, Zhejiang (浙江东阳画水). On April 4, 2005, in Huashui the authorities mobilized over 3,000 police in order to expel villagers who had come to petition in defense of their rights. The villagers let off firecrackers, and before long about 30,000 more villagers materialized, completely surrounding the police. The police then began firing canisters of tear gas, but the wind was blowing it right back at them. In the end they simply fled under the blows of the citizens. A lot of police were injured, including a deputy mayor who was seriously hurt. The police later arrested and sentenced nine people, and we defended them.

The Chen Guangcheng Case

AI WEIWEI: Was it you who took on the Chen Guangcheng (陈光诚) case?

LI HEPING: At the beginning it was me who represented him.

Let me explain how the Chen Guangcheng case happened. Linyi Township in Shandong Province (山东临沂) is a well-known “old revolutionary base” of the Communist Party, and they were extremely horrible in carrying out the birth control policies. For example if there was one person in a village who had already given birth, hadn’t been sterilized, and got pregnant again with the second child, then the authorities would take away not just the family of the woman’s husband who didn’t submit to sterilization, but even arrest everyone in the entire village — collective punishment (连坐). Only after the woman was handed over would they let everyone else go. And when they arrested villagers, it was not a simple detention — there were beatings, and they also fined them 100 yuan ($15) a day. For peasants, 100 yuan a day is no mean sum. They also beat several people to death.

At this point Chen Guangcheng, a blind man, thought that this was wrong. He looked for a lawyer, and right away found me, and I asked Jiang Tianyong (江天勇), Li Chunfu (李春富) and a few other lawyers to go and investigate. The investigation found that the problem was indeed extremely severe. Later, Teng Biao and some other people also went, and also there was Guo Yushan (郭玉闪). Everyone wrote articles about it, and then foreign journalists also went, turning it into a big deal. The local government thought that they were just losing too much face, so they shut Chen Guangcheng up in his home, surrounded him with a large number of guards, and made sure he was under watch.

But Chen Guangcheng was really an amazing person. Despite his blindness, he scaled the wall in his courtyard, made his way to Shanghai by himself, and then came to Beijing. In Beijing he hid out in our home for quite a while. The Shandong authorities came to Beijing looking for him, and they figured that he’d have come to Beijing to stay with one of us. They found him hiding out in our compound, and abducted him back to Shandong.

After he was taken back they put him under even stronger guard, and Chen Guangcheng could no longer escape. At one point a lot of friends traveled to see him, and he wanted to go outside. On that occasion, I don’t know exactly what happened, but the police let him leave the house. Right outside was an intercity highway, and when he got to road the police blocked it off. Cars kept coming, and the road was blocked. So the police charged Chen Guangcheng with obstructing traffic and destroying public property. The latter charge was because they said that someone had smashed a police car. So we lawyers also defended that case at the time.

A lot of lawyers have been beaten in an attempt to visit Chen Guangcheng. We were the first batch, and later there was Li Jingsong (李劲松), Li Fangping (李方平), also Zhang Lihui (张立辉) — a group would go and be beaten and repelled before another batch going again. A lot of lawyers went. At that time the Ministry of Justice started exerting pressure on us, saying that if you still try to represent Chen’s case, you might not pass your annual lawyers’ qualification review. I thought that since there were new people getting involved, I’d just recuse myself from the case.

Later Li Jingsong, Li Fangping, Zhang Lihui, and Xu Zhiyong took on the case. The whole case was really interesting — Shandong police ended up complaining about us to authorities in Beijing. In the end when this case went to court, I didn’t go.

The “Three Grades of Servants” Case

There was a similar kind of case up in northeastern China, the “Three Grades of Servants” case. The Ministry of Public Security made this a “top priority” case for 2004, what’s known as a “thunderbolt case.” The police said this house church was a cult and grabbed more than 300 people. Eventually, they convicted 64 people, 22 of them sentenced to death and 10 executed. So it was a really big case. But at the time, the authorities placed extremely tight restrictions on any information about the case. They’d make sure to grab anyone who dared contact a lawyer. No information could get out.

I remember my first interaction with the case was February 9, 2006. They told me the trial would start in just over 20 days and asked me if I could be a defense lawyer. As soon as they found me, I went and found four other lawyers and we headed to the Northeast. When we got to the court, they refused to give us access to the case files. So we sent two formal letters to the court saying that if they weren’t going to let us read the case files we wouldn’t act as defense lawyers. There was nothing else to do. Then they said okay and let us selectively photocopy parts of the files. Before we got involved, no other lawyer had been able to photocopy documents from the files in that case.

We worked on the “Three Grades of Servants” case for all of 2006, representing the top two defendants in the case, Xu Shengguang (徐圣光) and Li Maoxing (李毛兴). Both of them were executed. We all felt that this was a miscarriage of justice and that there was no basis to sentence them to death. We worked the case, but we had huge doubts about so many issues.

AI WEIWEI: Where did this case take place?

LI HEPING: This was a case with national scope. Including Heilongjiang there were probably eight provincial high courts involved, all handing down verdicts. It was quite a big deal!

AI WEIWEI: Why?

LI HEPING: The authorities considered them to be an underground church, very well organized, and the government was scared. On top of that, there were conflicts between this church and the “Eastern Lightning” church, which was always trying to recruit and even kidnap their followers. Occasionally, members of “Eastern Lightning” would infiltrate their church and “Three Grades” people would detain them. One of these detentions led to a person dying, but there’s no proof that church leaders Li Maoxing or Xu Shengguang were responsible for that. There was no evidence, not a shred. But they put bullets in their heads anyway.

AI WEIWEI: So they used this incident to wipe out this church.

LI HEPING: That’s right. And they said that all the funds church members had contributed to the church had been obtained through fraud and confiscated more than 30 million yuan. That itself was also a pretty big deal.

2007 Kidnapping and Beating

In 2006 Gao Zhisheng’s law firm was given a one-year suspension. I was an attorney at that firm at the time and took part in his hearing. That probably upset folks from the judicial administration bureau and the guobao (domestic security police). I wanted to act as Gao’s defense lawyer in 2007, but the police had started following me in 2006 so that whenever I returned to Beijing there would be police at my door. Wherever I went, I’d be surrounded on all sides by eight policemen who never left my side.

I was living in the Lido Employees Apartments on Jiangtai Road in Chaoyang District. When I went to work, they’d sit across from the office and keep watch. It was quite a deployment! They never said anything, only “We just do what the higher-ups tell us to do,” that kind of thing. When they arrested Gao Zhisheng, they were afraid that there’d be a chain reaction so they started following all of Gao’s friends around like that.

It was September 29, 2007, just before the National Day holiday. Just like they now do whenever a “sensitive period” comes around, all of the guobao started taking their posts outside our homes and putting us under 24-hour surveillance. One guobao, two police officers from the local station, and two security guards—five men in all.

AI WEIWEI: Did you know any of their names?

LI HEPING: Sure, I knew their names. That night there was Liang Jiu, a guobao from the Chaoyang Precinct. The two officers from the local station were new, and I didn’t know them. One of the security guards was named Zhang Qing. I don’t recall the other guard’s name.

Ordinarily, the cops from the local station would change shifts around 8 p.m. To make things easier for them, they would change shifts after I got off work. But on that particular day, Liang Jiu sent the local cops away a little after 3 p.m., leaving only himself. I guess they must have sent Liang some sort of notice.

When I got off work, Liang Jiu said I didn’t need to drive and that I should ride with him. At the time, I thought I got along reasonably well with Liang so I got in his car. Outside my office building there was a newsstand. Liang told me to go over there and wait for him to pull up. Then he left and never came back.

Suddenly, another guy ran up to me. He was over six feet tall and had a scar on his face. He grabbed my right hand and asked: “Are you Li Heping?”

I said: “Yes.”

“Come with me. You’re just the scumbag I’m looking for.”

After he grabbed me, he tried to push me out in front of him but I refused to move. So up comes another guy and grabs my other hand, and soon I had what I guess was a cloth hood placed over my head. Then they forced me into a waiting car that I happened to glimpse had no license plates.

They sat on either side of me, and I sensed that there was another guy in the passenger seat up front. When they grabbed me, they searched through my pockets and took away my briefcase and computer. There were probably two cars. I feel like we probably drove for an hour. They had my hands pinned behind my back and forced my head down almost to my crotch so it was difficult to breathe.

It was the evening rush hour. I couldn’t figure out where they were taking me, but I sensed that we were on the highway and went through a toll station. Later, I sensed that we had gone up into the hills or something like that, probably to a site of theirs. They had to sign in at the gate, so we stopped for a bit before entering. After entering, I felt like we were going underground, perhaps to a basement. Inside the basement, I remember there were between 6 and 10 men, who all started taking turns beating me.

AI WEIWEI: What did they say to you in the car? How did you get out of the car? How did you get into the basement? Did they remove the hood?

LI HEPING: They never said anything in the car, only: “Behave yourself. Move and we’ll beat you to death.” They raised my hands up very high, putting pressure on the blood vessels inside. My legs went completely numb. They removed the hood only after I got in the basement. What color it was, I never really noticed.

AI WEIWEI: What kind of room was it?

LI HEPING: It was like a room in a guesthouse, but without a bed. The floor was tiled, and there was a table with a tablecloth and a leather baton and an electric prod. They took turns beating me—first three would take a turn and then the next three. It was like that.

AI WEIWEI: What do you mean by “took turns”? How did they beat you? Were you sitting or standing? What was it like?

LI HEPING: When I got there, they tried to strip off all my clothes, but I wouldn’t let them. Several of them got together to strip off my clothes, leaving me in my underwear. Then they took the electric prod and “ZAP”—they started giving me shocks! The day after I got out, Li Fangping saw a bunch of marks from where they’d zapped me.

AI WEIWEI: How many times? What did it feel like?

LI HEPING: They zapped me many times. For six hours, they mostly hit me with the electric prod. They also hit me in the head with full water bottles and slapped me. One slap to my left ear pierced my eardrum. They also kicked me and stomped on me. I collapsed on the floor and they were surrounding me, kicking and stomping.

AI WEIWEI: You collapsed?

LI HEPING: Yes, I fell to the floor. I was rolling around and they chased after me to beat me some more. They were even laughing, they seemed perversely happy.

AI WEIWEI: Could you tell what sort of people they were?

LI HEPING: They were pros at this sort of thing. They said they were from state security, but I think they were probably guobao.

AI WEIWEI: Why would they say they were state security?

LI HEPING: I have no idea.

AI WEIWEI: Were there any other conversations?

LI HEPING: Yeah. The first thing they did was interrogating me: “What’s your name? Where are you from?” I said they knew who I was already and I wasn’t going to answer. They grabbed me by the head and said: “Are you going to talk or not?” Then—“POW”—they started slapping me.

They said: “You’re in our hands now, so don’t even think about when you’re going to get out. You are lucky if you ever see a courtroom, but there’s no way we’re sending you to prison. We’ll just say you’ve disapppeared without a trace.” That sort of thing.

AI WEIWEI: You said that they kept taking turns beating you in groups of three. How did you keep track of time?

LI HEPING: I know that it was around one in the morning when they let me go.

AI WEIWEI: You were beaten non-stop up to that point?

LI HEPING: Yeah. I’d gotten off work at 5 p.m. Once I got there, they beat me and kicked me without a break.

AI WEIWEI: When they were beating you like that, was there any point when you couldn’t stand it or you fainted? I mean, what did it feel like?

LI HEPING: Let me put it this way. Of course it hurt a lot, and it was humiliating. But I also thought: “You’re already in their hands, and there’s nowhere to run. So there’s no use in being afraid.” That’s all I was thinking at the time. “Even if they beat you to death, what can you do about it? Nothing.” That was what I was thinking, because I figured there was nothing I could do, right? When you’re getting beat up in a place like that, it doesn’t matter what sort of skills you might have—what can you do? You can only put yourself at their mercy.”

AI WEIWEI: Did you ever think to yourself: “I’m a lawyer. I ought to give them a piece of my mind for the way they’re violating the law”?

LI HEPING: Are they interested in talking with you about law at that moment? They’re already acting like the mafia. If you’re going to talk about the law it ought to be in an open setting, where everyone acts according to the law and the facts. Of course that would be great, but at that moment that’s not the way things were going.

I did say to them at the time: “I’ve got no beef with you, so why are you doing this to me?”

They said to me: “It’s you bunch of outsider lawyers that’s giving us no peace in Beijing! Go back and sell your apartment, sell your firm, and get the hell out of Beijing! We say whether you can practice law, and there’s no way you’re going to practice law without our say-so!”

Afterwards, they took away my lawyer’s license and my passport. They also took my portable hard drive and my laptop hard drive. When I got home, I couldn’t turn on my laptop. I thought maybe they’d reformatted my laptop. When I went to the computer mall to get it fixed, the guy said: “Is this your computer? How come it doesn’t have a hard drive?” It’s like they’re trying to burrow into your head to check out what you’re thinking, they’re so afraid.

AI WEIWEI: What could they find out by looking inside your head?

LI HEPING: They couldn’t find out anything. What can a single lawyer do? It’s just that they took my case files and destroyed the fruit of 10 years of work.

AI WEIWEI: I wonder what was going through your mind as they were beating you. When they beat you over and over, did you ever feel despondent? What was going through your mind? Or was there nothing to think in that moment?

LI HEPING: I really wasn’t thinking anything at the time. I recall telling them that I wasn’t going to hate them, no matter what they did to me. “It’s okay,” I said. “After I get out, the next time I see you I’ll treat you to a meal.” Those guys just laughed and said: “You’ll treat us? A pauper like you?!” That’s because at the time I truly had very little cash on me, so they called me a “pauper.”

AI WEIWEI: Were you poor?

LI HEPING: I can’t say one way or the other. In any case, once I began taking on public interest cases my income dropped dramatically. I had to spend my own money in case after case. If you’re going to put your heart and soul into public-interest lawyering in China, it’s pretty much a dead-end road as far as profit is concerned. If you don’t take on a few commercial cases to make up the difference, then you’re definitely done for. I’m a little better off, because I handle a lot of commercial cases and can use that money to fill the gaps. Overall, I’m doing all right. I may not have had a lot of cash in my pocket, but I had money on my bank card.

AI WEIWEI: How did they finally let you go? Did they get tired of beating you?

LI HEPING: I don’t know. In any case, one of them was in charge, a guy in his forties who was wearing a suit. He was the one giving out the orders. When he said “move,” they moved. When he said “stop,” they stopped. When he told someone to beat me, they beat me.

AI WEIWEI: What kind of a person was he?

LI HEPING: He looked like a nice, gentle sort of guy. He wore a linen suit. I don’t remember whether or not he wore glasses. When they had beaten me to a certain point, he said: “Let’s take him out.” I had no idea where they were taking me, but they put the hood over my head again and bundled me into the car. We drove quite a ways. I thought they were taking me to a new location. Then the car stopped somewhere and they told me to get out. Back at the basement, they’d said: “Let’s go. We’re going to search your place.” At the time, I thought: “Even if you kill my entire family, there’s nothing I can do about it, right? What options do you have living in this kind of society? They will do whatever they will do to you.”

Getting out of the car, they said: “Just wait and see what we’ll do to you if you go back and hold a press conference.” They meant that they didn’t want me to reveal that I’d been beaten and wanted me to keep it a secret. They dropped me off in a wooded area—I don’t know where, but it was still quite far from the city. I thought: “I have no clue where I am, so I guess I’ll just walk in the direction of wherever I see the most light.” I saw lights way off in the distance, in the Beijing suburbs. So, I started walking towards the lights of Beijing.

I walked for a few kilometers before I got to a road, where I saw a sign that read “Xiaotangshan” (小汤山). I found a taxi there and took it back to my home. I remember that the fare was more than 80 yuan, something like 89 yuan. I had just enough in my pockets to cover it.

AI WEIWEI: What time did you get home?

LI HEPING: Probably between 1 and 2 in the morning. My wife was already asleep when I got home, and I didn’t wake her.

I looked myself over in the bathroom mirror. I’d lost a lot of hair. I’d been zapped here [points to neck], my face was swollen, and I had marks all over my body from the electric baton. But I didn’t say anything to my wife. The next day, I told Jiang Tianyong and Li Fangping, and they came over to see me.

On September 30, I wrote everything down. I was really nervous when I published my account of what happened. I remember it was October 1 when it got posted online. That day, Jiang Tianyong and several other lawyers accompanied me to the “Ladies Street” Police Station (女人街派出所) next to my office to file a report. When we filed the report, the police officer said: “Eh, you mean this kind of thing can happen in Beijing? Such a vicious and serious case ought to be fully investigated.” But nothing ever came of it.

Another thing happened when we were at the police station. Jiang Tianyong called Li Xiongbing (黎雄兵) to tell him what had happened to me. As they were talking, there was a click, and the call was routed somewhere else. Li Xiongbing couldn’t hear anything and Jiang Tianyong could hear someone on the other end laughing and saying that Li Heping got what he deserved. Our mobiles, email, and telephones are all being monitored.

AI WEIWEI: How do you know for sure?

LI HEPING: There’s noise on the mobiles, you can hear it clearly. There are times when we’re unable to send text messages, especially when we’re working on big cases. Sometimes we can’t make calls, our phones are specifically targeted. Then, when the moment has past, they unfreeze the phones.

There are even stranger things. Back when Li Jinsong (李劲松) and Cheng Hai (程海) were in Shandong working on Chen Guangcheng’s case, the police detained Li Jinsong. A few of us lawyers back in Beijing were discussing how we should respond, and the discussion got pretty heated. Suddenly, I got a text message from my wife. It was probably 2006, but the message was one that my wife had sent me in 2004 or 2005—the same exact text! It read: “Dear, you’re always working on these public interest cases! Not only do they pay less, but they bring danger to our family and there are threats to your physical safety. What’s a wife supposed to do? If you won’t think of yourself, think of your wife and child! If something were to happen to you, what will become of the two of us?” My wife rarely uses that tone of voice with me, so I remember this text very clearly. But one year later, the people that monitor us sent it out again with the exact same timestamp. It’s really incredible!

 [Ai Weiwei asking about more examples of kidnapping and brutality and Li Heping’s answer are abbreviated.]

Only Institutional Protections Can Prevent Torture

Under the current Chinese system, no citizen can fight back once he falls into their hands. If you resist, you become a target for torture. They have cameras at the Pingfang Police Station in Beijing, but they decide whether or not to save the footage or make it public. The way to prevent use of torture to coerce confessions is the right to have a lawyer present during questioning and the right to remain silent.

Without the right to remain silent, no one can hold out. Take Guo Feixiong, for example. He’s a real tough guy, but faced with electric shocks to his genitals he had no choice but to confess. Gao Zhisheng is another really tough guy, but was forced under torture to write a statement of regret. Then there’s Li Zhuang, a guy with a military background. When he was thrown into that Chongqing jail, he had no choice but to admit to crimes. What can you do? Humans are made of flesh and blood. When you’re being tortured, you don’t want to go on living. There’s no protection for human rights under this system.

After I went public about being beaten, that sort of thing happened much less frequently. For instance, when they kidnapped Teng Biao for three days, they didn’t harm him physically—they just held him for three days. Torture certainly needs to be made public, because publicity is a deterrent. If no one ever went public about what happened to them, then who knows how arrogant with power the authorities would become. So, I think that the film you’re making here is very important.

AI WEIWEI: When we heard what happened, we were very angry and felt it was all so hard to believe. What we can do is give a clear and factual account. Once it’s made public, then it becomes part of history. There’s no other way.

LI HEPING: In some religious cases in the Northeast, they soak you to the bone and then throw you in a freezing cell in the middle of winter. Torture is everywhere in China.

AI WEIWEI: You’re a lawyer working on behalf of justice who has experienced this kind of thing yourself. You still have some compassion and a capacity to act, and you’re willing to do this kind of work as a lawyer. But do you ever feel desperation or fear?

LI HEPING: Speaking of fear, one of the guys who beat me put it very clearly: “I’m going to give you nightmares.” They want to make it impossible for me to sleep, to have nightmares when I think of them. That’s their goal. But fortunately, I’m the kind of person who thinks that you have to sleep, even in hell.

It’s not so easy for them to give me nightmares. But it’s caused much more harm as far as my family is concerned. I can bear it, but how about my family or my wife? They’re under considerable pressure. When I would turn my phone off, my wife would go crazy with worry if she wasn’t able to reach me, searching all over thinking that I’d been taken away by the police. My friends are like this, too, worrying that if they can’t reach me by phone I must’ve been taken away by the guobao. They get really worried!

AI WEIWEI: How many times have you been detained, in all?

LI HEPING: The first time was the time I was beaten up. Later there were a number of temporary “conflicts.” For example, the Pingfang Police Station called me in to give a statement. It lasted four or five hours. They wanted me to stick around, but I refused. So there was trouble. “You have to remain here!” They grabbed my arm and made me stay. Then they put a chair in front of me and said, “Sit there!” I refused to sit. But all of them insist that I sit, so what could I do? Are you going to fight them? For this kind of official business, why do I have to sit there? But if you don’t sit, those guys will lift you up and carry you over there and your arms will get hurt.

So, individual protest isn’t enough: without institutional protections, there’s no way that China will prevent torture.

AI WEIWEI: Why does the system allow them to act this way? What are they trying to achieve? The regime is supposed to be a public good, but they control all of the resources. What are they trying to do?

LI HEPING: These days, many police will say: “We just follow orders. We do what our superiors tell us to do. We’re just trying to put food on our tables.” The time I was beaten up, the leader of the police said something really funny: “Now that you’re in my hands, you just watch how I’m going to torment you and fix you! When you guys take charge in the future, however you want to take your revenge is up to you!”

I said: “What are you talking about, ‘take charge’? Aren’t I just a lawyer?” They have no confidence in their own system, that’s the truth.

[Discussion about how to fight back police’s denial of brutality is abbreviated.]

Citizens’ On-the-Scene Support and Social Media

AI WEIWEI: Is it useful for citizen activists to gather at the scene to voice their support?

LI HEPING: Of course, it’s extremely important. When someone does something wrong, he worries that others will remember. Don’t you see how police hide their badges and serial numbers when they’re doing bad things? They’re afraid.

AI WEIWEI: What do you think of the public discussion taking place on blogs and Twitter? What impact will that have on China?

LI HEPING: I think that instant communication tools like Twitter and Skype are extremely important for China, because China completely lacks any civil society. It’s like a plate of loose sand, without any platforms for formation of any general will. In a certain sense, Twitter helps citizens create a kind of public opinion by gathering and expressing people’s views. When it reaches a certain point, it can lead to action. I think that in the future these will truly change our society.

Only when citizens are able to make contact with and trust one another can they work together to build their own country. Moreover, consensus is ultimately achieved through people’s exchange of ideas, through agreement and compromise with each other. This needs time. Twitter and other Internet tools provide citizens with a convenient platform for communication. But you know what the limitation is? At present, only some elites are on Twitter, but many elites within the system don’t use it. But I think this is only a matter of time.

[Editors’ Note: This was when Sina Weibo, launch in the fall of 2009, was yet to take off.]

I believe the Internet can break down the iron curtain of China’s totalitarian regime, so still have some confidence in China.

Religion

AI WEIWEI: What religion are you?

LI HEPING: I’m a Christian.

AI WEIWEI: Are you devout?

LI HEPING: I’m— . . . My wife is extremely devout. I’d like to be a bit more devout, but I’ve still got a ways to go, still have some doubts. I think it would be a lot easier for me if I were a devout Christian.

AI WEIWEI: When did you start being religious?

LI HEPING: I was baptized in 2003. Religion really helps make humanity stronger, braver, and wiser. It gives you a much greater capacity to withstand pressure. Otherwise, you just have the strength of an individual—it’s not enough.

AI WEIWEI: So, on that day when you were rolling on the ground and they were beating you, did you think of Christianity?

LI HEPING: I really did—and I also prayed. It’s like when Teng Biao was detained—he hadn’t even been baptized yet—he prayed: “Lord, hurry up and rescue me.” It’s different when you’re religious. At the time when they were beating me, I even laughed. I truly laughed, I kid you not.

AI WEIWEI: That must have frightened them, no?

LI HEPING: That I don’t know. I suspect it didn’t frighten them—after all, there were a lot of them. I felt that I hadn’t done anything wrong. They can do what they want, I’m still going to be me. What they did was really foolish, but that foolishness has its origins in the system. They committed heinous sins but don’t have to take any responsibility, because they have the Communist Party to protect them. It’s foolish because it’s the reputation of the party and the government that gets damaged.

AI WEIWEI: I’ve said the same thing, too. If you allow a minority to damage the interests and reputation of the state through their unlawful behavior, there’s no way that ordinary people will continue to have any faith in it. You’re just like the mafia, I said to them.

LI HEPING: Yeah, their actions certainly do call into question the legitimacy of their rule. But these days access to information is blocked and many people know nothing about these kinds of incidents. But if you go online or have access to more channels of information, you’ll soon become aware of these things. Especially petitioning. After trying it a few times, everything will become clear. When they hear stories about houses being demolished, many people still think: “There’s no way the government could be this evil, like a bunch of gangsters!” But when it happens to them, they finally realize the government’s brutality.

China Is a Foxcomm Regime

AI WEIWEI: When it comes to certain fundamental questions of principle, the government acts with a kind of primitive brutality and can’t be reasoned with.

LI HEPING: I feel that they currently lack the ability to make necessary distinctions when it comes to these kinds of things. They lump a bunch of things from different areas together without any distinction. If they were to make clearer distinctions, I think they’d have no need to do things this way.

There are some matters where they ought to loosen up. There are some areas where, even loosening up quite a bit wouldn’t cause any problems. But in other areas where there are fears of social problems, it’s understandable to want a bit of control. But I think that they’re unable perform this kind of analysis.

They take some of the most fundamental issues and give the greatest power to the most idiotic people. Think of citizens’ rights to liberty or property—these are big issues. But they give the police control over people’s personal liberty. Police can detain and lock you up however they please and even send you away for a few years. Where else in the world do you see that? If you’re going to punish someone by taking away their freedom, you at least have to bring them before a court! This is a stupid, stupid way of doing things. [The editors can’t help pointing out how ironic this is!]

There’s another way they do things: they put the courts under the control of the party out of a belief that this helps preserve social stability. They never imagine that allowing courts to rule on cases independently would make society seem a bit fairer and that the courts would be able to resolve conflicts when they arise. But because the Communist Party manipulates the courts, by linking the entire system together you push conflict into other areas until it fills the whole system. I think there’s a problem with their way of thinking on this. . . .

AI WEIWEI: So, you’ve arrived at the subject of judicial independence.

LI HEPING: Judicial independence. Now whenever I see them, I make another suggestion: China should adopt a system of citizen juries and let citizens decide as to whether or not a crime has been committed. When you try to control and take charge of everything yourself, can you really have control?

To put it bluntly, China is currently a Foxcomm regime. China is like Foxcomm—it looks awesome from the outside, but too many restrictions are put on people’s freedoms and it’s like living in a prison. It’s unsustainable.

AI WEIWEI: Are you worried for this country?

LI HEPING: I think for sure that no good will come of continuing on like this.

AI WEIWEI: How old are you?

LI HEPING: Forty.

AI WEIWEI: What year were you born? What’s your birthdate?

LI HEPING: October 26, 1970. We Chinese say, “At 40, I had no more doubts.” Since I turned 40, my doubts have only just begun. Everything that you once thought was correct turns out to be mistaken. Now that I’m 40, I’ve slowly come to realize: “Oh, so many things turn out to be false.” I’m only starting to extract my mind out of the pit that my past education’s dug for me. “Oh, see—it turns out that this is the way the world is!” It’s different. The pit they dug for you is so huge, it takes you 40 years to crawl out. So at 40, I’ve just begun to have doubts [laughs]. Slowly but surely!

AI WEIWEI: You’re a real optimist!

LI HEPING: I guess I’m more-or-less optimistic [chuckles]. There’s no way to do this sort of work if you don’t have this kind of personality. The police are always coming to find you. Since 2005, they’ve been following me now for five years. I’d reckon that for more than a year of that time the police were following me around the clock, come rain or shine. When they follow you like that, what can you do?

AI WEIWEI: It’s such a waste of money!

LI HEPING: Yeah. I calculated it for them once. At first there were eight police watching me—how much do eight police make a day? A hundred yuan a day, per person, so at least 800 yuan. Those eight police use three cars, at 300 yuan per day that’s 900. What about meals? To follow me, they have to spend at least 3000 yuan a day.

AI WEIWEI: That means the state spends more than a million to follow you for a year.

LI HEPING: That’s right! And that doesn’t include the cost of monitoring my phone or my Internet! Then there’s all the secret stuff—who knows how they’re doing this stuff?

I consider myself to be this kind of person: no matter what I do, I do it in accordance with the law. There’s no need for all this stuff! It’s like a guobao from the Beijing Public Security Bureau said to me during the Beijing Olympics: “Lawyer Li, the Olympics is very important to us. Security standards during the Olympics are very high, so you mustn’t go out of bounds!”

I said: “Who’s drawing those boundaries, you or me? Why do you need to draw boundaries for me? What gives you the right? How about you observe the boundaries, too? Don’t bother drawing boundaries for me. You respect the law and I respect the law, then there’ll be no problems. Don’t mess around!”

He replied: “It’s like having sand in your shoes. Just put up with it for a while and it’ll be gone. We have orders from above.”

So what can you do? They do these things without any plan. It’s truly unwise to treat lawyers this way. I’ve spoken to people at the judicial administration bureau about this. I tell them I’d like to be able to communicate with you guys, including the police. I’d like to communicate, because we have so many suggestions about how to solve many of society’s problems. We’re on the front lines. We’re not radicals. We can give you solutions for how to solve these kinds of problems. If you follow our suggestions, the problems will be resolved. Isn’t that great? So why must you send security guards, police officers, guobao to watch us? Are guobao necessarily better at solving these problems than lawyers? In what way are guobao better?

[The interview is interrupted by a woman passerby . . . ]

Passerby: Excuse me, what are you filming here?

AI WEIWEI: This is a private film. I’m interviewing him.

Passerby: What do you mean, “private”?

AI WEIWEI: It’s for my personal use.

Passerby: For personal use? Do you have a permit for this activity?

AI WEIWEI: Personal use. Hey, you must be from Beijing TV.

Passerby: Did you contact anyone before doing this?

AI WEIWEI: No, we’re just individuals. We came here for an interview—it’s like having a chat.

Passerby: But this . . . individuals?

AI WEIWEI: Yeah. Don’t you see people carrying cameras all the time and filming each other? We’re interviewing him. He’s my friend.

 

[The End]

 

 

China Claims Rights Lawyers and Dissidents Are Part of Vast American Conspiracy in 4-Minute Video

August 3, 2016

This video was posted this week by the official Weibo accounts of the Supreme People’s Procuratorate of the PRC, as well as the Central Committee of the Chinese Communist Party Youth League. The claims are false and distorted, ludicrously so, but the world view behind it is real and has consequences. We provide an English translation of the script. — The Editors

 

 

Beware of Color Revolutions

 

Not long ago, a little Iraqi girl was filmed speaking on camera, and her story saddened countless people around the world.
“What’s your name?”
“I don’t know.”
“Where is your father?”
“He died.”
“Where? Where did he die?”
“In Hadabah.”
“Have you had breakfast, lunch, or supper? Tell me.”

Of course, there is him too. [The dead Syrian boy on the beach]
And them.
And all those who were disregarded and forgotten.
When you feel their misfortunes and sufferings,
Have you ever thought: What if China one day becomes Iraq, Syria, Ukraine, and Turkey…
What will it be like for our children?

Right now, China is peaceful and stable,
And most of the population live a simple but happy life.
However protected we are in the strong arms of the motherland,
The dark clouds of domestic trouble and external threats still hang over China’s sky.

The disturbances surrounding the Diaoyu Islands [Senkaku Islands],
China’s peacekeepers being attacked,
The South China Seas arbitration.
The USA, Japan, and the Philippines have frequently bared their swords towards China,
Threatening the security in areas around China, and infringing on China’s national interests.

Tibetan independence, Xinjiang independence,
Hong Kong independence, Taiwan independence,
As well as dissidents and diehard lawyers, proxies of Western forces.
They are doing everything to sabotage China’s domestic stability and harmony.

 

anti us video

“Behind them all, we often glimpse the ghostly shadows of the Stars and Stripes.” A screen shot of the video.

 

Behind them all, we often glimpse the ghostly shadows of the Stars and Stripes.
In fact, the Western forces led by the United States,
Have been creating social confrontations with the intent of subverting regimes in targeted countries,
In the name of “democracy, freedom, and rule of law.”
The slogans may be loud, and the lies beautiful, but they will never become reality.

The former-Soviet Union,
Georgia,
Kyrgyzstan,
Egypt,
Syria,
Libya,
After America meddled in those countries,
They fell into war and chaos, unrest and hopelessness,
One misery after another, warning China to be vigilant.

At this moment, we should rejoice
That under the leadership of the Party, the central government has recognized the danger of “color revolutions.”
When the so-called “human rights lawyers” who have received foreign money are punished one by one according to the law,
When more and more internet users wake up from the swirl of rumors,
When the “Arab Spring” makes more people aware of the dangers of “color revolutions,”
We can be very self-confident: China will not become the next Soviet Union.
Today, faced with the “color revolution” conspiracy that has long openly infiltrated China,
We are no longer numb. We’ve long been vigilant.

As the next generation of Chinese,
Safeguarding regime security and the territorial integrity,
Is the unshirkable responsibility that this age has bestowed upon us.
And in the face of all the problems facing our nation, our most patriotic behavior is simply to do well what’s in front of us:
Students must study well.
Workers must strive hard.
Soldiers must drill diligently.
Scientists must focus on their research.
When every one of us does his or her own job,
The “color revolution” conspiracy will eventually go away.

We simply want to say to those people trying to incite a “color revolution” in China:
Do you want to make China turn into that? Over our dead bodies!
Safeguard China, beware of color revolutions!

 

Produced by Dujia Media

 


Related:

After Four Detainees of the ‘709 Incident’ Are Indicted, Chinese State Media Name Foreign News Organizations, a US Congressman, & Three Embassies in Beijing as ‘Foreign Anti-China Forces’, China Change, July 15, 2016.

 

 

Hu Shigen: The Prominent Yet Obscure Political Prisoner

Ren Bumei, August 2, 2016

In 2005, when Hu Shigen was serving the 13th year of his 20 year prison sentence for forming the Chinese Free Democratic Party, he was awarded that year’s Outstanding Democracy Activist Award by the California-based Chinese Democracy Education Foundation. This is an excerpt of a speech given by exiled dissident Ren Bumei (任不寐) titled “Hu Shigen and the Highest Aspirations of Our Age” (《 胡石根与我们时代的精神高度》), upon accepting the award on Hu’s behalf. Hu, among the first four of the July 9, 2015 detainees to be indicted, is being put through a show trial today (August 3, Beijing Time) in the Tianjin Second People’s Intermediate Court. This is our first post in a series about Hu Shigen. — The Editors.

 

Hu ShigenI’m grateful for the trust and confidence placed in me by Hu Shigen’s family and friends that allowed me, unworthy as I am, to share the honor bestowed on Mr. Hu. As a matter of fact, I can hardly represent Mr. Hu to say anything to the jury or the public. He’s spent 13 dark years in prison, and this award will add little to his suffering or glory. Instead, it is an opportunity for us. So today, I’d rather speak as an independent intellectual, recognizing the value of Hu Shigen’s existence for our time, and what it symbolizes for China’s cause of freedom.  

Mr. Hu Shigen was born in the countryside of Nanchang City, Jiangxi Province, on November 14, 1954. His father, extremely impoverished, died when Hu was five — after putting up for adoption the three youngest of seven children. Hu Shigen didn’t begin his schooling until he was nine years old, when he enrolled in the Shitou Street Elementary School in Nanchang. As the oldest boy, at age 16 Hu began working at the Jiangxi Automobile Manufacturing Factory to support the family. In 1979 he passed the national college entrance exams to become a student at Peking University in Beijing. From 1979 to 1985, Hu Shigen studied at PKU, majoring in Chinese language (中国语言专业).* After graduate school, he was assigned to a teaching position at Beijing Language College (now Beijing Language and Culture University). He was quickly promoted to be an associate professor and vice department chair. He would have lived as a comfortable professor, but the arrival of the Tiananmen Movement and the June 4th massacre changed his life forever.   

Hu didn’t exhibit much political passion during the “soul-racking 56 days” of protest and repression. But it was in the post-Tiananmen period, when droves of student leaders and participants like myself were fleeing Beijing, telling of our escapes at every opportunity, and the entire country was shrouded in terror, that Hu Shigen came into his own.

Thus, June 4, 1989, became a dividing line. Those who continued to resist in the midst of the terror lock-down were the real political heroes of China. The manner of Hu Shigen’s resistance was regarded by many as radical. I don’t know until this day whether this was a scholarly, rational assessment, or just a cover for cowardice. Hu Shigen initiated the Chinese Free Democratic Party (中国自由民主党), the Chinese Progressive Alliance (中华进步同盟) and the Chinese Free Workers’ Union (中国自由工会) with Wang Guoqi (王国齐), Wang Tiancheng (王天成), Kang Yuchun (康玉春), An Ning (安宁), Liu Jingsheng (刘京生), Chen Wei (陈卫), Chen Qinglin (陈青林), Xing Hongwei (刑宏伟), Gao Yuxiang (高玉祥), Zhang Chengzhu (张承珠), Xu Dongling (许东岭), Zhao Xin (赵昕) and many more. They printed, posted, and mailed thousands of fliers promoting freedom and democracy, condemning dictatorship, and calling for a redressal of the June 4th Massacre.

They were planning to rain down fliers on Tiananmen Square from a remote-controlled airplane on the third anniversary of June 4. But their plans were leaked, and on May 28, 1992, Hu was arrested as the “principal organizer of a counter-revolutionary ring.”

Those who were tried with him told us how, in the fascist court, he roared thunderously, like a lion. We learned from eyewitnesses that he and his accomplices adopted a no-compromise, no-cooperation stance in court, and that he and Wang Guoqi, Wang Tiancheng, and Chen Wei, even shouted “Long Live Freedom and Democracy!” and “Down with the Chinese Communist Party!” Even today I still feel a quiver when I imagine the scene. What gives us pause is this: Why are these commonsense convictions still so shocking and unnerving?

Of course no one was more shocked by such resolve than the authorities. At the end of the “trial,” Mr. Hu Shigen was sentenced to 20 years in prison for “the crime of organizing a counter-revolutionary ring” and “the crime of  counter-revolutionary propaganda.” He and his peers were among the few democracy activists to receive such lengthy sentences in the post-June 4 years.

In 1995 Mr. Hu Shigen was sent to Beijing Second Prison to serve his term. That prison became notorious because of him. He fasted on June 4 every year to commemorate the massacre and the dead. For nine years he was locked up in a brig cell (禁闭室) for “rejecting reform” and “inciting disturbances.” Because of police brutality, his hands and feet are permanently crippled. This year The Washington Post interviewed John Kamm of the Dui Hua Foundation. According to Mr. Kamm, the Chinese government told him that Hu Shigen was not qualified for parole based on his attitude toward reforming himself. So Mr. Hu Shigen is continuing his one man defiance of the state.  

I agree with the assessment of others: Hu Shigen is a prominent political prisoner that few know about. Even though over 20 people across China were thrown in jail in the case of the “Chinese Free Democratic Party,” and it has been declared the biggest “counter-revolutionary ring” since 1989, the case has received little media attention, and few have paid attention to Mr. Hu Shigen’s conditions. Early last year, a friend googled “胡石根” and found only 600 or so results.    

Just as the prophets of the Old Testament said: misfortunes doubles down on those who were chosen to be the light and the salt, and put through tribulations. Hu Shigen and his like are not only the enemies of tyranny, they have also been forgotten by our times and rejected by their contemporaries — in particular by their dearest loved ones. The latter is so destructive that it resembles the work of Satan. Zhao Xin, a close friend of Mr. Hu Shigen, vividly recalled how Hu was slashed by his wife with a knife, eleven slashes in all, for not listening to her demands that he cease his activities. The marriage fell apart after 12 years, and he has met his daughter only once over the years since.

Hu Shigen_brothers

Hu Shigen’s two younger brothers traveled to Tianjin to attend his trial on August 1. Upon arrival, they were seized by security police and sent back to Nanchang, Jiangxi province.

Having spent 13 years in prison, he has developed health conditions that have never been effectively treated, such as hepatitis B, lumbar disc herniation, rheumatoid arthritis, and migraines. On October 17, 2004, his older sister Hu Fengyun wrote to the prison authorities voicing her concern about his health. On December 9, 2004, his younger brother Hu Shuigen wrote me that his health had been deteriorating rapidly and he was afraid that Hu Shigen might die in prison. He called on the international media and human rights groups to “save” Hu Shigen.

In May last year, I met someone in Zhengzhou who was a “criminal” in the same case as Hu Shigen. That was when I began to learn of his story, and I was shaken to the core. While I was ashamed of myself, it was also the first time since 1989 that I felt so proud of China: in this society of victims of political disaster, we have Hu Shigen. I hugged this friend and bid him goodbye, determined to speak out for Hu Shigen.  

I don’t mean to create a Hu Shigen myth, for the story of Hu Shigen is already a myth of our times.

Hu Shigen seems to be the post-Tiananmen Wang Weilin — but he’s not. That photograph of Wang as The Tank Man hangs on the office walls of numerous political activists around the world — but no one has heard of Hu Shigen. And yet, Hu Shigen is the Wang Weilin of the post-Tiananmen era. Hu Shigen, also, both is and isn’t the Václav Havel of China. After the June 4 crackdown, China’s intellectuals placed their hopes in a Havel-like figure, and yet no Chinese care to mention the Havel of China. Hu Shigen is also the Lin Zhao after Lin Zhao, the young women executed in custody during the Cultural Revolution, after a prison sentence of 20 years for two poems she wrote. And yet he’s not that, either. At a time when everyone is tearfully searching for Lin Zhao, Hu Shigen has assumed the same suffering, and the same propensity to shock the soul as she — and yet no one has written a word about him. In the peculiar age we live in, not only has Lin Zhao become a hero (which is as it should be), those who memorialize her have also become heroes (which is also of course as it should be), but Hu Shigen is the post-Lin Zhao Lin Zhao. Hu Shigen is also the Sophie of China — but also not. In China Sophie’s Choice has become a code word for the misery of the Cultural Revolution, in ways parallel to the misery of the Holocaust. Hu Shigen, on the other hand, is right now being tormented by his own choice, yet is absent from all this lofty discussion. Yet, Hu Shigen is the Sophie of China. Hu Shigen is China’s Aung San Suu Kyi  — but also not. Aung San Suu Kyi received the attention and support of the world, including the adulation of China’s intellectuals — yet Hu for over a decade has not received an ounce of similar respect. But all the same, Hu Shigen is China’s Aung San Suu Kyi.

Hu Shigen has also fallen into a spiritual prison that’s been built around him — this is the shame of our entire generation of “public intellectuals.” The fact that they are not even ashamed of this makes it all the more shameful. Chaim Weizmann, the first president of Israel, lamented in a famous speech: “When the historian of the future assembles the black record of our days, he will find two things unbelievable: first, the crime itself; second the reaction of the world to that crime. He will sift the evidence again and again before he will be able to give credence to the fact that, in the twentieth century of the Christian era, a great and cultivated nation put power into a band of assassins who transformed murder from a secret transgression into a publicly avowed government policy to be carried out with all the paraphernalia of State. He will find the monstrous story of the human slaughterhouses, the lethal chambers, the sealed trains, taxing the powers of belief… But when that historian, overwhelmed by the tragic evidence, sets down the verdict of the future upon this savage phenomenon, unique in the annals of mankind, he will be troubled by still another circumstance. He will be puzzled by the apathy of the civilized world in the face of this immense, systematic carnage of human beings…”

But allow me alter those famous words for our use: “When the historian of the future assembles the black record of our days, he will find two things unbelievable: first, the Hu Shigen case itself; second, the fact that this age produced a such a ceaseless number of outstanding public intellectuals in China. He will sift the evidence again and again before he will be able to give credence to the fact that, in the twentieth century, a nation that has produced so many public-spirited intellectuals, has put power into a band of assassins who transformed violence and imprisonment into a publicly avowed government policy to be carried out with all the paraphernalia of State — and where matters of such great import never became the topic of open discussion among the country’s intellectuals. He might find that the story of the persecution of Hu Shigen, for establishing the Chinese Free Democratic Party, taxes the powers of belief. But when that historian, overwhelmed by the tragic evidence, sets down the verdict of the future upon this savage phenomenon, unique in the annals of China, he will be troubled by still another circumstance. He will be puzzled by the apathy of China, international human rights organizations, and public intellectuals, in the face of this immense, systematic persecution of Hu Shigen.”

 

*Hu Shigen was a college classmate of Hu Chunhua (胡春华), the Chinese Communist Party Politburo member and current Party Secretary of Guangdong province. According to Mr. Wu Renhua, the researcher of the 1989 Tiananmen Movement, who shared the same bunk-bed with Hu Shigen in graduate school, since his release in 2008, whenever Hu Chunhua attended class reunions, Hu Shigen was excluded.

 

Ren Bumei is an exiled Chinese dissident living in France.