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Wang Qiaoling, January 17, 2017
Since Li Chunfu was released from the custody of China’s security forces on January 12, his family has been providing updates on his condition to the outside world. Their notes make clear that Li was left a broken man, suffering both physically and mentally. China Change calls on the United Nations to investigate the treatment of Li Chunfu in custody, and we call for immediate access on the part of legal counsel to Li Heping and Wang Quanzhang, as well as Jiang Tianyong who has been held in secret detention since November 21, 2016. The circumstances of all these individuals are now of grave concern given Li Chunfu’s condition. — The Editors
These last few days I’ve been staying at Chunfu’s (李春富) house, worried that he might have another episode and hurt his wife. Last night we followed the doctor’s orders and invited Chunfu to sit on the sofa with us to chat about his treatment. Chunfu had sustained serious damage to his neck vertebrae and spine in custody, and his neck is a bit twisted. If the doctor hadn’t pointed this out, we wouldn’t have realized.
As we sat on the sofa and finished talking over medical treatment, Chunfu suddenly screamed: “Tell me! What are you still hiding from me!” I was struck dumb. I could only look upon Chunfu’s face, twisted up with a sinister expression, and his eyes, full of ominous glint.
I finally understand what my sister-in-law was referring to about his outbursts. Anxious, I mimicked his cry: “Tell me! What are you still hiding from me!” The doctor suggested that family members may repeat what the patient says. I felt highly insecure, but kept my eyes fixed on him: “Tell me! What are you hiding from us!” The malice in Chunfu’s eyes began to slowly dissipate.
Chunfu’s wife Bi Liping (毕丽萍), sitting beside us, was crying. “Chunfu, when I saw you at the police station I suspected right away that you had physical problems. I could have turned and left and not brought you home. But I brought you back, and that proves that we don’t want to hurt you. Why don’t you ever trust us? Sister-in-law and Yang Bo (杨波, nephew of the Li brothers) put aside their own affairs to stay with us, just so they could help with your treatment. You have to believe us.” Chunfu got that vicious look in his eyes again and started staring at me. I felt so crushed. I roared out once more: “Tell me! What are you hiding from us!” The menace in Chunfu’s eyes again slowly disappeared.
We told him to go wash his face and brush his teeth so he could go to sleep, but he was absent and confused, and asked: “Why do I have to brush my teeth?” After he finished brushing, he again queried his wife: “Which one’s my toothbrush?”
Before nodding off he called Bi Liping into the room, twice, in order to ask: “Are you sure you’re not hiding anything from me?”
The whole night at Chunfu’s was spent in fitful sleep. I was thinking over: why haven’t Heping and Quanzhang been allowed access to a lawyer? Xie Yang (谢阳) and Wu Gan (吴淦) can see lawyers now. Is it because Heping and Quanzhang are now the same as Chunfu? I tossed and turned through the night, and only got a few winks of half-conscious sleep in the morning. When I again saw Chunfu looking at me, with that tortured, fierce expression fixed on his face, I finally understood what my sister-in-law meant about his episodes, and why she’s been unable to sleep and now constantly wakes in fright.
709 lawyer family members,
Wang Qiaoling (王峭岭, wife of Li Heping)
Li Wenzu (李文足, wife of Wang Quanzhang)
Bi Liping (wife of Li Chunfu)
January 16, 2017
Addendum by lawyer Chen Jiangang: Li Chunfu is in a state of paranoia, dread, and alarm. He’s always fearful. Fearful of something going wrong, fearful of people coming to take him away. When he sees an old friend he’s a little better, but even when it’s a friend talking to him, he’s still full of suspicion, foreboding, and dread. For example, when we went to eat a meal together, someone asked him to order. He responded: “What’s that mean? Is something going to happen?” When asked whether he wants to eat dumplings or noodles, he responded by repeatedly asking what that question was supposed to mean, and “why are you making me choose?”
*Translator’s note: Several human rights lawyers and activists reported that “Tell me! What are you still hiding from me?!” is what interrogators frequently yell during interrogations.
An Update on Lawyer Li Chunfu’s Condition, January 14, 2017
A Third Update on Lawyer Li Chunfu: He Was Drugged in Custody, January 15, 2017
Translated from Chinese by China Change.
Zhuang Liehong, January 17, 2017
“Soon after, a dozen public security agents came to his house and forced him to sign his name to a document they provided, under the watch of three SWAT officers in his living room, who had their submachine guns pointed at his chest and head.”
On December 26, 2016, the Haifeng Court in Guangdong sentenced nine villagers from Wukan (six men and three women) to between two and ten years imprisonment, punishing them for participating in protests that swept Wukan for the second time, from June to September 2016, in response to the imprisonment of their democratically-elected village head Lin Zulian (林祖恋).
The protests were repressed by armed police and SWAT teams, and scores of villagers were arrested, including my father.
The trial and sentencing threw all procedural requirement out the window. The villagers were never indicted, the families not notified of their right to retain counsel. Nine villagers were tried during the course of one day on December 17, 2016, and sentenced in less than 30 minutes on December 26. Thirteen more villagers await trial.
Since the sentencing, I have been working with lawyers on appeals. None of the nine villagers plead guilty and all said they would appeal in court. Given that villagers are very afraid and Wukan has been under lockdown since the protests were put down, I felt that I must do everything I can to not only appeal for my father but also help others lodge appeals on behalf of their loved ones.
Of the nine villagers, Wei Yonghan (魏永汉) received the heaviest sentence — 10.5 years. On January 1, I contacted Wu Jijin (吴吉金), a young Wukan villager working at a coffee shop in Futian, Shenzhen, through the secure messaging application Signal, and through him reached Wei Huizhuan (魏慧转), Wei Yonghan’s niece. Her father, Wei Yongjian (魏永监), is the younger brother to Wei Yonghan. He initially believed that appealing his brother’s case would be tantamount to going against the government, and said: “It’s impossible to resist the government in Wukan now; otherwise we risk going to prison.” I spoke with Wei Yongjian about Wei Yonghan’s rights for three days, finally convincing him that appealing is simply the legal right of a defendant, that it’s the duty of the family, and that it’s entirely in accordance with the law. Wei Yongjian agreed to appeal on Wei Yonghan’s behalf, and he signed a power of attorney letter as well as a letter authorizing defense counsel, and sent them to the Bai Juming Law Firm in Guangxi Province (广西百举鸣律师事务所).
The very same day, Qin Yongpei (覃永沛) of the Bai Juming Law Firm was summoned for questioning by local security police and advised that “it would be best if you didn’t get involved in the sensitive Wukan affair.” On January 7, Qin Chenshou (覃臣寿) of the same law firm had his phone and computer hacked. All the case files were deleted, and he wasn’t able to access any of his social media accounts either.
The following day, after the sons of Hong Yongzhong (洪永忠) and Li Chulu (李楚卢) heard the news, each of them contacted me separately and prepared their own papers — powers of attorney and letters authorizing defense counsel. But before the documents could be sent off, that same night Hong Yongzhong’s son was hauled into the local police station where he was interrogated and intimidated. The outcome was that none of the documents were dispatched.
Then, just two days ago, the son of Yang Jinzhen (杨锦贞), who was of the view that the sentence given to his mother was simply preposterous, went to the Haifeng County People’s Court upon the direction of his lawyer and requested the official judgement. He was refused. He then went to the Wukan market asking villagers to attest to the innocence of his mother. This met with his immediate arrest by public security officials. He was threatened and forced to write a “guarantee statement” that he would not appeal. Yang’s son then took his father and left the village. The word is that they went back to Tianjin where he’d previously worked, and that before they left he said “history will be the judge of all this.”
Before I made contact with these family members, Wu Fang’s (吴芳) son had reached out to me and said that he was looking for a lawyer to appeal on his mother’s behalf. Soon after, a dozen public security agents came to his house and forced him to sign his name to a document they provided, under the watch of three SWAT officers in his living room, who had their submachine guns pointed at his chest and head.
On the afternoon of January 10, my cousin Zhuang Bing (庄冰), who attends university in Foshan, had her coach to Wukan intercepted. A dozen public security personnel came aboard and hauled her off for questioning, threatening her to the point of tears. Her computer used for schoolwork and cellphone were searched, and only after they established that she’d had no contact with me did they let her go.
Later that evening the young Wukan villager Wu Jijin, who had helped me to connect with Wei Yonghan’s relatives, contacted me on Signal: “Brother Zhuang! I’m in trouble. I have to make myself scarce for a while. From now on you’re not to send me any messages.” I assumed that Wu had been summoned by the police. It’s already been four or five days and Wu Jijin’s whereabouts are still unknown. His family hasn’t received any news from the police.
A few days ago, a dozen public security agents and government people came to my family home again. They walked around, covertly took some photos, and left. My mother said that since my father was arrested this has happened countless times. The purpose appears to be to create an atmosphere of terror. Previously, my mother, along with my brother who has physical and cognitive disabilities, were tricked into signing and thumbprinting a document whose contents they were not apprised of. The government personnel had folded part of the paper down when getting the signature, and it was only a few days after she was forced to sign it that my mother realized that they had probably been duped.
Ever since myself and a few friends began trying to seek legal aid for the nine illegally sentenced Wukan villagers, the authorities have been extremely on edge. First the security police called the lawyers in for questioning, then they fooled or threatened the family members into signing documents, including statements terminating legal representation. These are identical tactics to those used in the first wave of crackdowns against Wukan, targeting Hong Ruichao (洪锐潮), Yang Semao (杨色茂) and Lin Zulian, who were given jail sentences of four years, two years, and three years and one month respectively. The authorities have been completely unrestrained, unscrupulous, and lawless in their trampling on human rights to repress Wukan villagers.
On January 8 myself and a number of friends inside and outside China began a petition on WeChat, a popular Chinese social media app, to tell more people in China about what’s going on in Wukan and to support the lawful efforts of Wukan villagers to defend their rights. Two days later WeChat shut down the petition. By then 491 people had signed on in support.
As of the present, every one of the family members of the nine villagers who’ve been sentenced and who were prepared to appeal has been forced to back down. Wei Yonghan’s younger brother, who had already secured legal representation for Wei, on January 10 signed a “Statement on the Termination of Power of Attorney,” and withdrew from appealing. Currently we’re the only family who has persisted.
For the sake of my people in Wukan, I won’t be silent and won’t give up. I am currently the only involved Wukan villager who lives in a free country, and I’m going to use my freedom to keep speaking out, to let the world know what’s happening in my hometown.
Zhuang Liehong (庄烈宏)
New York City
January 14, 2017
Zhuang Liehong was one of the leaders of the 2011 Wukan uprising. He was elected a member of the Village Committee in March 2012. In early 2014 he left China to seek political asylum in the United States. He currently lives in New York.
Translated from Chinese by China Change.
Wang Qiaoling, January 15, 2017
Li Chunfu, a rights lawyer arrested during the 709 incident and the younger brother of lawyer Li Heping, was released “on bail” on January 12, mentally disturbed and physically frail. He has been diagnosed as having symptoms of schizophrenia and hospitalized. We learned from relatives that he was subjected to severe torture during his six months of “residential surveillance at a designated place,” China’s term for secret detention, including being locked up in a bed-sized metal cage for several stretches of time. More details to come. Once again, we urge the international human rights community to immediately begin an investigation into the extreme abuse that Li Chunfu, Li Heping, Wang Quanzhang, Wu Gan, Jiang Tianyong, and others targeted in the 709 arrests have suffered. – The Editors
Yesterday on the fourth floor of the Huilongguan Hospital (回龙观医院) in Beijing, sitting outside the examination ward, Bi Liping (毕丽萍), the wife of rights lawyer Li Chunfu (李春富), received a phone call from Officer Yang of the Tongzhou District, Jiaowang Village police station.
My sister-in-law is always calm and soft-spoken — but this time she roared into the phone. “Officer Yang, I’ve been cooperating with you people for 18 months now. You told me not to speak out, not to work with my sister-in-law, and I’ve followed what you said. But now look what has happened to Chunfu! His mind is shattered! Just what did you people do to him?! What did you do?! We’re not through with this!”
Sitting outside the clinic, Chunfu’s eyes would fix on whoever he was looking at, and he had trouble communicating with people smoothly. At one point he blurted out to the lawyer friends with us: “By the first six months of residential surveillance I’d already gone mad. I was shouting and screaming.”
I felt a cold sweat when I heard those words come from Chunfu’s mouth all of a sudden. I didn’t question him further. I just fixed my gaze on him, not daring to think or speak. He continued: “On January 5 they took me out of the detention center. They didn’t go through any procedures. A lot of people are going to lose their jobs! They did everything to me. But I didn’t do anything illegal; all I did was, once, stand outside the public security bureau in the Northeast with a placard demanding my right to see my client. They wanted me to write a confession, but I wouldn’t do it no matter what. I knew that if I did it they would capture it on camera behind me, and my brother Li Heping and other lawyers would all be harmed!” He paused for a moment, then added: “Don’t tell anyone this. A lot of people will be hurt.” These are Chunfu’s exact words, and I’m not sure everyone understands what he means.
Later that evening, Liping saw that Chunfu’s nerves had calmed down a bit, and she took him by the hand and asked him gently: “Have you not had medicine for a few days?”
Chunfu hesitated for a moment, then responded: “They gave me medicine every day. I haven’t had any the last few days. It’s unbearable…”
Chunfu did not have high blood pressure, and yesterday at the hospital the doctors said that his blood pressure was normal. But in the detention center the doctor forced him to take medicine every day, saying it was for his high blood pressure. And the “hypertension” medication began the first day he was arrested.
Liping and I couldn’t hold back anymore — tears welled up.
This morning we took Chunfu out for a walk. He asked in fright: “Will the police take away our whole family?”
Family members of the 709 lawyers,
Wang Qiaoling (王峭岭, wife of Li Heping [李和平], brother to Li Chunfu)
Li Wenzu (李文足, wife of Wang Quanzhang [王全璋])
Bi Liping (wife of Li Chunfu)
January 15, 2017
Addendum: A letter of thanks from Bi Liping
I want to thank all our friends! I also want to tell all family members of the 709 rights defense lawyers: don’t be kind and silent like me, or you’ll end up in the same situation I’m in. Stand up, expose the crimes of the Tianjin police. Show them to the light of day! I thank everyone again for their care. Your concern and love has given us the energy to persevere through this.
Bi Liping, wife of 709 lawyer Li Chunfu
January 15, 2017
An Update on Lawyer Li Chunfu’s Condition, January 14, 2017
Wang Qiaoling, January 14, 2017
Latest on January 14: Li Chunfu has been diagnosed today as having symptoms of schizophrenia and hospitalized. We learned from relatives that he was subjected to severe torture during his six months of “residential surveillance at a designated place,” China’s term for secret detention. More details to come. Once again, we urge the international human rights community to immediately begin an investigation into the extreme abuse that Li Chunfu, Li Heping, Wang Quanzhang, Wu Gan, Jiang Tianyong, and others targeted in the 709 arrests have suffered. – The Editors
Hours ago China Change posted Wang Qiaoling’s first report of her brother-in-law, lawyer Li Chunfu, who was released “on bail” after being detained incommunicado for 18 months as part of the sweeping “709 crackdown.” This is her update. – The Editors
Yesterday, January 13, at 2:00 p.m., Wang Qiaoling (王峭岭) and Li Wenzu (李文足) — the wives of arrested lawyers Li Heping (李和平) and Wang Quanzhang (王全璋) respectively — as well as a number of lawyer peers, rushed to the home of Li Chunfu (李春富) and his wife. Chunfu was able to recognize them, but couldn’t form coherent sentences.
Within an hour he had muttered to his wife over 20 times: “Bi Liping, don’t hide anything from me!”
He recognized that I was his sister-in-law and tried to talk to me, but he trailed off before finishing the first sentence, hanging his head low as though in pain. He kept saying that he had a pain in his heart. His wife told us: “Last night he was saying that he felt like insects were biting his body inside, that his heart had been eaten away by bugs bit by bit, and there wasn’t much of it left!” The sadness we felt as we heard this while gazing on his lifeless face is difficult to put into words.
Later on I asked Chunfu: “Have you called your mum and dad back home?” He turned to me blankly, and, after a long pause, muttered to himself: “How could I have forgotten that?”
A relative who took him on a small walk through the residential compound said: “Chunfu didn’t dare leave the apartment. I had to promise him repeatedly that I’d definitely accompany him back before he agreed.”
As they walked, Chunfu would dart his eyes in all directions as he spoke: “We have to make sure that we stay within the surveillance perimeter when we walk. We can’t go outside the area.”
This wasn’t the lawyer Li Chunfu of 18 months ago. That Li Chunfu dropped out of school at age 14, went south for work, got stabbed, slept in a cemetery, then managed to become a lawyer after six years of gruelling self-study. He had been taken into custody because of the human rights cases he had taken on — he had been locked in a steel cage, battered, and threatened, but that hadn’t changed him. I never imagined that 18 months of jail would torment him to the point of a mental breakdown, leaving him broken and paranoid.
Come evening when we were due to leave, he gripped his lawyer friend who came with us in a tight hug, saying: “Please, keep an eye on what they do to me!”
I thought that these were his true thoughts.
Shortly after we left, he discovered his wife’s conversation with us and was scared, shouting at her: “Who said you could tell them that I’m back? The police said no!” Before his wife was able to offer an explanation — “I didn’t” — he slapped her in the face!
Finally I must correct a detail in my initial report of Chunfu’s return: Chunfu was not brought home by the police. Instead, his wife was called to the neighborhood police station at Jiaowang Village, Tongzhou District (通州区焦王庄派出所) to take him home. Why did I make this mistake? Because that was what Chunfu’s friend told me, and his family was sternly warned by public security authorities not to tell the world what happened, including how he got home…
Family of the 709 lawyers:
Wang Qiaoling (wife of Li Heping)
Li Wenzu (wife of Wang Quanzhang)
On the morning of January 14, 2017
An addendum by China Change:
Several lawyer friends took Li Chunfu to a hospital in Beijing for a check up Saturday morning. This is some of what Chunfu said to them:
“I thought I’d never seen you all again…”
“What place is this? I hope nothing will go wrong.”
“Will something go wrong if we’re seen together? Are you sure?”
“Will the police show up?”
“Please don’t leave me alone.”
“Jiangang, I really want to cry.”
Wang Qiaoling, January 13, 2017
Li Chunfu (李春富) is a human rights lawyer and the younger brother of the well-known rights lawyer Li Heping (李和平). On August 1, 2015, he was taken into custody (less than a month after his brother was also detained on July 10) and put under residential surveillance for six months. In January 2016 he was formally arrested on charges of “subversion of state power.” On January 5, 2017, he was granted China’s version of bail awaiting trial, and on January 12 returned home by police. Following is the first report by Wang Qiaoling (王峭岭), Li Heping’s wife, of the homecoming. We know from multiple cases of personal testimony, both published and privately relayed, that the 709 detainees have been subjected to extreme torture in custody. Given the mental and physical condition Li Chunfu was left in after nearly 18 months in police custody, we urge the international human rights community to immediately begin an investigation into the extreme abuse that Li Chunfu, Li Heping, Jiang Tianyong, Wang Quanzhang, and others targeted in the 709 arrests have suffered. — The Editors
When the human rights lawyer Li Chunfu was delivered to the front doorstep of his family home in Beijing at 5:00 p.m. on January 12, his wife was stunned by what she saw: Li’s body was emaciated, his complexion wan, his eyes lifeless — like he’d just aged to a 60-year-old-man.
The police told Li’s wife that he was being released on “bail,” then turned on his heel and left. But Li stood, hovering at the door, refusing to enter. His wife began to weep.
When she tried to pull him in by the hand, he was terrified and pulled away. Relatives who lived nearby heard that he’d been dropped off and rushed over, but rather than greet them Li became agitated and upset, jumping up and pushing them away, yelling “Get out of here! Danger!” Friends and family could do nothing but back away and sit at a distance from him.
Today (January 13), Li is still in a state of terror and confusion. When he saw his wife making a phone call, he shot his arm out and gripped her tight around the neck, growling: “Who are you calling?! You want to harm me!” As he yelled, he dug his fingers in, strangling her. Luckily, a relative was there and took control of the situation, pulling him away.
Li’s relatives can’t bear it and called his sister-in-law, Wang Qiaoling, to explain the situation. The security police (国保) had warned Li’s wife that she was allowed no contact with Wang Qiaoling, or else Li would be taken away again.
Our hearts were seized when we heard that Li Chunfu was in this state. And now what about Li Heping and Wang Quanzhang (王全璋) — are you still alive?
Signed: Family members of 709 victims
Wang Qiaoling (wife of Li Heping)
Li Wenzu (李文足, wife of Wang Quanzhang)
Addendum: The Story of Li Chunfu
The following is note written by Wang Qiaoling, the wife of Li Heping, in August 2015, and posted to a number of dissident websites. It narrates Li Chunfu’s journey from a village boy who wasn’t able to finish high-school due to poverty, to a rights lawyer. — The Editors
Actually, the most inspiring story from the Li brothers isn’t Li Heping, but his younger brother Li Chunfu.
Heping’s family was poverty-stricken. After we got married in his hometown, there was no mattress on the bed — instead, we laid a coarse sheet atop rice straw and slept on that.
Years earlier, Heping was in the first year of college and Chunfu was entering his third year of middle-school — but the family couldn’t afford tuition for them both. Chunfu, despite his excellent grades, was the one who had to sacrifice. My mother-in-law once told me that Chunfu lay on his bed for a few days, but in the end simply accepted the reality, got up, and headed south to work and earn money to support the family and his older brother.
His experience was harsh and unforgiving — he once slept in a cemetery, often went hungry, got stabbed in the stomach, had his wages held back, and went through all the typical experiences of the hapless, downtrodden migrant workers. One day in a factory he saw a work demonstration by one of the technicians, and was mesmerized: he decided that he also wanted to do that. Diligent and keen on learning, he eventually became the head of the technical team.
He eventually saved up about 10,000 yuan. The year was 1998. His plan was to go back to the village and build a house. But his brother Heping told him to forget it, encouraging him to use the money to study toward a degree. He recommended studying for the bar and become a lawyer.
Chunfu was struck by the idea, and in 1999 decided to take the biggest risk of his life. He moved to the provincial capital of Henan, Zhengzhou, hired a small flat next to Zhengzhou University, and began a regime of self-study in the law. It was a process of six years of gritty perseverance and countless setbacks, economic as well as academic.
Few expected that he would be able to persevere to the end. Those six years he withstood, to finally triumph in the end, led the whole family to look upon Chunfu with renewed respect and admiration. Another consequence of the grueling years of study to obtain his law license, however, was obvious: it seemed that he’d aged far more than a mere six years. His hair started to go grey and fall out, and what should have been the head of hair of a 30-year-old started to look like that of an old man.
In 2005 Chunfu went through a series of exams for a position of judge in the Zhengzhou court system, which he passed smoothly. But before he went for the interviews, a lawyer friend* urged him not to do it, describing the broad picture of China’s legal field and the pivotal role of attorneys in bringing about the rule of law. Chunfu was convinced and abandoned the idea of being a judge — but in hindsight, perhaps the two of them were too hopeful about the prospects of the rule of law in China and the place of lawyers in it.
I remember that it was also in 2005 that Chunfu formally started practicing law. He cherished every case that came his way. A few days ago I told my son that “If one day it gets so bad in China that people can’t even go to school, don’t give up: we can study ourselves. Uncle Chunfu is a case in point!”
*The lawyer who talked Chunfu out of being a judge was Jiang Tianyong. Jiang was disappeared in the evening of November 21, 2016; he is in the custody of Chinese public security personnel and has been charged with “inciting subversion of state power.”
“My Name is Li Heping, and I Love Being a Lawyer”, Li’s 2010 interview with Ai Weiwei.
January 12, 2017
Tianjin Municipal People’s Procuratorate Number Two Branch
Bill of Indictment
TJ 2d Br Proc Crim Indict (2016) No. 10001
Defendant Wu Gan (吴淦), male, [redacted], identification card number [redacted], Han ethnicity, high school graduate, a native of Xiamen city Fujian province, administrative employee of Beijing Fengrui Law Firm (北京锋锐律师事务所), registered address [redacted], residence [redacted], placed under criminal detention by Public Security Bureau of Siming precinct of Xiamen municipality, Fujian province, on May 27, 2015, on suspicion of picking quarrels and provoking trouble and defamation. With the approval of this procuratorate, arrested by the Xiamen Public Security Bureau on July 3, 2015, on suspicion of inciting subversion of state power and picking quarrels and provoking trouble. His period of detention was recalculated on January 20, 2016, due to suspicion of the crime of subversion of state power.
Investigation of this case has been completed by the Tianjin Public Security Bureau. On August 17, 2016, it referred the case to this procuratorate for prosecutorial review of defendant Wu Gan’s culpability for the crimes of inciting subversion of state power and picking quarrels and provoking trouble. Upon jurisdiction was determined in accordance with the law, this procuratorate, on August 19, 2016, informed the defendant of his right to retain defense counsel, questioned the defendant in accordance with the law, heard the defense lawyer’s opinions, and reviewed the complete set of documents in this case. During this period the case was twice sent back to the investigating organ for additional investigation in accordance with the law, and the deadline for prosecutorial review was extended three times.
Having reviewed the case in accordance with the law, we find:
Defendant Wu Gan has long been influenced by the infiltration of anti-China forces and gradually formed his idea of overthrowing the country’s current political and judicial system. Since 2010, Wu Gan has used the Internet to publish his ideas about subverting state power and incited people who are unaware of the truth to oppose the government. He published the online articles “Guide to Butchering Pigs,”* “Guide to Drinking Tea,”** and “Guide to Petitioners Fighting Against Forced Demolition of Homes,” and attacked institutions of the state. He accepted interviews by foreign media and posted online video lectures, promoted the so-called idea of “toppling the wall,” and willfully attacked the socialist system. He engaged in criminal activities subverting state power, such as unlawful gatherings and causing disturbances. In October 2014, Wu Gan joined the Beijing Fengrui Law Firm headed by Zhou Shifeng (who carried out activities of subversion of state power using the firm as a platform to hype sensitive cases and incidents, and who has been sentenced) and colluded with Zhou Shifeng (周世锋), Zhai Yanmin (翟岩民 who, for a long time, carried out activities of subversion of state power by unlawfully organizing petitioners to make disturbances and has been sentenced), and Li Heping (李和平 who engaged in activities of subversion of state power by using funds from certain overseas non-governmental organizations and has been dealt with separately) to strengthen the idea of subversion of state power, concentrate on hyping sensitive cases and incidents, and carry out a series of criminal activities of subversion of state power and overthrow of the socialist system, severely harming the state security and social stability. Specific facts are as follows:
- In April 2010, Fujian Province Fuzhou City Mawei District People’s Court reviewed a case involving false accusation and framing. During this period, defendant Wu Gan maliciously hyped up this case on the internet, inciting people to gather at the court to make disturbances and antagonize the judicial institutions of the state. On the date of hearing, Wu Gan hung banners and shouted slogans with others outside of the court and posted video on the Internet, severely affecting the People’s Court in its examination of the case according to the law, smearing the image of the judicial institution, and creating bad political effects both at home and abroad.
- In April 2012, defendant Wu Gan was involved in a dispute in connection with relocation compensation in Jin’an District, Fuzhou City, Fujian Province. From April to August of the same year, Wu Gan several times organized many people to put up banners and set up tents in front of the Fuzhou Urban and Rural Construction Committee. He posted slogans on houses to be torn down, insulted and verbally abused the Jin’an District director on the Internet, and severely harmed the image of the government and of state employees and instigated people who did not know the facts to oppose the government.
- In September 2012, Fujian Province Fuqing City Public Security Bureau investigated by law a case involving official embezzlement. During the investigation, defendant Wu Gan stirred up trouble by holding up signs in front of the Fuqing Public Security Bureau, and online many times wantonly insulted and verbally abused the director of the Public Security Bureau and police officers, and called the martyr who died on duty a “protector of the criminal underworld.” Through these actions he severely harmed the image of the public security apparatus and people’s police, and instigated hatred against state institutions by people who were unaware of the truth.
- On March 22, 2014, the Heilongjiang Province, Jiansanjiang Wasteland Reclamation Public Security Bureau administratively detained people involved in disturbing social order. Defendant Wu Gan and others organized a so-called “Jiansanjiang Citizen Solidarity Rescue Group,” published a “Fundraising Proposal for Citizen Rescue,” and acted as the fundraising contact person and supervisor, and encouraged others to illegally gather in Jiansanjiang and create disturbances. Some lawyers and petitioners subsequently unlawfully gathered in front of Jiansanjiang Wasteland Reclamation Public Security Bureau and at Qixing Detention Center to sit in, shout slogans, display banners, and hype up the incident on the internet to defame and attack the institutions of state authority. Wu Gan then published on the Internet personal information of police officers, and asked people to do a “human flesh search” and issued a “most wanted reward notice.” He also insulted and verbally abused public security and police officers, and incited resistance to the state, creating a bad political influence at home and abroad.
- In May 2014, Hunan Province Huaihua City Intermediate People’s Court heard a case concerning gathering a crowd to disturb the social order. During the trial, defendant Wu Gan together with Li Heping attempted to hype the case in Mayang County, Huaihua City. From May 20 to 21, Wu Gan held up a sign in front of the Mayang County government headquarters, and submitted a letter of complaint to the Huaihua City People’s Procuratorate, slandering and defaming the county’s Communist Party secretary. He then continued to hype this case on the internet, inciting people who did not know the truth to resent the socialist system with Chinese characteristics.
- In May 2014, Henan Province Zhengzhou City Public Security Bureau conducted an investigation of related people involved in disrupting public order. Defendant Wu Gan, together with Zhai Yanmin and others, hyped up antagonism toward the case and numerous times sought fundraising support online. In July of the same year, some lawyers and visiting petitioners gathered illegally in front of the Zhengzhou No. 3 Detention Center to sit-in and hold a hunger strike. They hung banners and shouted slogans, unreasonably demanding the release of the detainees. They maliciously publicized the incident online, slandering and attacking government organs. During this period, Wu Gan issued on the internet the so-called “Award Order” and “Wanted Order,” and carried out so-called “performance art” in front of the detention center to insult and slander the Public Security Bureau director and incite people who didn’t know the facts to resent state organs and thereby created an adverse effect at home and abroad.
- In September 2014, Beijing Municipal Changping District Justice Bureau held a hearing on an administrative penalty case. Defendant Wu Gan went online to encourage other people to gather illegally at the hearing. At the scene, he also held up posters insulting the Justice Bureau and Lawyers Association, verbally abused police officers on duty, and shouted slogans and blocked the entrance with others, creating serious chaos at the scene. Upon learning that related people had been administratively detained by the public security organs, Wu Gan maliciously published blog posts with a great number of photos humiliating police officers to slander and attacking the government.
- In December 2014, a civil case handled by the Beijing Fengrui Law Office was settled upon mediation by the court. On instructions from Zhou Shifeng, defendant Wu Gan and Xie Yuandong (谢远东 who was dealt with in another case) went to the Dali Bai Ethnic Minority Autonomous Prefecture, Yunnan Province, to publicize this case. Between January 7 and 12, 2015, Wu Gan attacked the judicial organs and defamed the judicial system by putting up big-character posters at the Prefecture People’s Government, People’s Procuratorate, Intermediate People’s Court, and other places, and by driving a vehicle with big-character posters inside and outside of the court to make provocations. He also maliciously stirred up trouble on the internet, attempting to incite people who did not know the truth to resent China’s socialism-with-Chinese-characteristics judicial system.
- On December 3, 2013, two people were killed during a home demolition in Huqiu District, Suzhou City, Jiangsu Province. In January 2014, defendant Wu Gan attended a so-called “Suzhou Urbanization and Demolition Symposium.” It slandered this case, and attacked our country’s system, inciting hatred against the socialist system. From January-February 2015, Wu Gan learned that this and a related case were starting. He actively started organizing fundraising online, maliciously created a disturbance, and incited people who didn’t know the facts to come to Suzhou to illegally assemble, stir up trouble and oppose the government.
- In March 2015, Hebei Province Baoding City Mancheng District People’s Court heard the Beijing Fengrui Law Firm representative’s extortion case. During the hearing, defendant Wu Gan took instructions from Zhou Shifeng and fabricated a rumor about “Injustice Caused by the Baoding Municipal Communist Party Politics and Law Committee” and other rumors, and created a malicious disturbance online, stirring up resentment against China’s socialism-with-Chinese-characteristics judicial system among people who didn’t know the true circumstances.
- On May 2, 2015, a police officer was attacked in the Qing’an County, Heilongjiang Province Railway Station waiting room, and the officer then shot and killed the attacker. After this incident, defendant Wu Gan published many blog posts distorting the facts of this event, concocting rumors that the attacker was a petitioner and the police opened fire to prevent him from traveling to petition the government. Wu Gan incited others to come to Qing’an County to unlawfully protest. Afterward he published online a so-called “Qing’an Incident Investigation Report,” disseminated falsehoods, and instigated people who didn’t know the facts to oppose the government.
- In May 2015, the Higher People’s Court of Jiangxi Province convened a criminal appeal hearing. From May 18-19, defendant Wu Gan made a malicious disturbance online and afterward loudly abused and insulted the judge in front of the court and erected a “mourning hall,” blackening the image of judicial organs and vilifying and attacking the nation’s legal system.
On May 27, 2015, defendant Wu Gan was arrested and brought to justice.
The principal evidence of the above facts includes: 1. Material and documentary evidence such as big-character posters and criminal court judgment; 2. Testimony of witnesses Zhai Yanmin and Xie Yuandong, etc.; 3. Inspection reports and evaluative opinions; 4. Written notes of searches, detention, and examinations; 5. Video and audio material and digital data; 6. Defendant Wu Gan’s deposition and defense.
This court believes that defendant Wu Gan organized, plotted, and implemented the crime of subverting state power and overturning the socialist system. His actions violated Article 105(1) of the Criminal Law of the People’s Republic of China. The criminal facts are clear and the evidence is reliable and abundant. He should be held responsible for the crime of subverting state power.
Prosecution is brought in accordance with Article 172(2) of the Criminal Procedural Law of the People’s Republic of China. Please sentence in accordance with the law.
To: Tianjin Number Two Intermediate People’s Court
Prosecutor: Guan Ning
Acting Prosecutor: Sheng Guowen
Acting Prosecutor: Cao Jiyuan
December 23, 2016
*Guide to Butchering Pigs (《杀猪宝典》) is Wu Gan’s guide to confronting human rights violators, including collection of personal information, and strategies and techniques of effective activism. The Guide, first posted in 2012, has been very popular and its tactics widely adopted by activists.
**Guide to Drinking Tea (《喝茶宝典》) is Wu Gan’s guide to how to cope with police interrogations, which often is given the euphemism of “drinking tea.” He details strategies and tactics on how to overcome fear, and how to give as little information as possible.
***Guide to Petitioners Fighting Against Forced Demolition of Homes (《访民杀猪宝典》). In this Guide, Wu Gan, who has worked with many petitioners whose homes have been demolished illegally and by force, instructs petitioners how to fight for their rights by exposing officials, making use of the law, and staging effective activism.
Wu Gan the Butcher, July, 2015.