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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.
January 11, 2017
Hunan Province Changsha Municipal People’s Procuratorate
Bill of Indictment
CS Proc Crim Indict  No. 85
Defendant Xie Yang (谢阳), male, [redacted], Han ethnicity, master’s degree education, was a practicing lawyer at Hunan Gangwei Law Firm, [redacted]. On July 12, 2015, he was put under residential surveillance by the Changsha Municipal Public Security Bureau on suspicion of the crimes of subversion of state power and disrupting court order. On January 8, 2016 this procuratorate approved his arrest on suspicion of the crime of subversion of state power. The arrest was executed the following day by the Changsha Municipal Public Security Bureau.
The Changsha Municipal Public Security Bureau has concluded its investigation of this case and, on August 8, 2016, referred the case to this procuratorate for prosecutorial review of defendant Xie Yang’s culpability for the crimes of subversion of state power and disrupting court order. After receiving this case, the procuratorate on August 10, 2016, notified 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. Due to some unclear facts and insufficient proof, on August 17, 2016 and October 17, 2016, this procuratorate twice returned the case to the public security organ for additional investigation. After the public security organ completed additional investigation on September 17, 2016, and November 17, 2016, the case was again transferred to this procuratorate for review and prosecution.
It is found upon review by law that:
I. Crime of Subversion of State Power
Defendant Xie Yang had long been influenced by the infiltration of anti-China forces and gradually formed his idea of overthrowing the current political system. Since 2012, Xie Yang has published many speeches attacking and defaming the government, judicial organs, and the state justice system, and openly incited others to subvert state power. He has also traveled abroad many times to receive training by overseas organizations. Through WeChat, Telegram, and other online methods—and in the name of “defending rights”—he colluded with Zhai Yanmin (翟岩民), who was sentenced for the crime of subversion of state power, and other people inside and outside China who intended to overthrow our government to interfere and stir up incidents and events that happened in China in recent years. He attacked and slandered our country’s current political system, incited others to overthrow our government and the socialist system by willfully distorting facts, incited others to unlawfully assemble in public to make provocations, and instigated people who did not know the facts to resent the government by making use of public opinion, severely harming national security and exacerbating social problems. Specific facts are as follows:
- Since 2012, defendant Xie Yang registered on Sina two microblog IDs: “Xie Yang lawyer 911” and “Lawyer Xie Yang 911.” Through both he posted a large amount of writing attacking our government and current political system, advocating “overthrowing the regime is a basic human right,” and inciting others to overthrow our government. Upon investigation, it was found that more than ten thousand posts were posted on the above two microblog sites, with more than ten thousand followers. All the microblog posts were reposts of negative news about the government, judicial organs and the judicial and political systems of our country or negative comments on positive news and reports. About 180 or so posts directly attacked our government and incited the subversion of state power. These were read or clicked on around 300,000 times, and some of the microblog posts were heavily commented on and reposted.
- In April 2015, defendant Xie Yang represented Xie Fengxia (谢丰夏) (aka: Xie Wenfei 谢文飞) in his case on suspicion of the crime of subversion of state power. During the review and prosecution period of this case, Xie Yang visited Xie Fengxia as his defense attorney at the Guangzhou Detention Center. He then drafted an article titled “Attorney Xie Yang’s Meeting with Xie Wenfei” and posted it online, openly advocating “inciting to overthrow state power is not a crime and calling on everyone to work hard to end authoritarian rule.” This article was reposted by some personal microblogs and overseas anti-China websites, creating adverse political effects.
- In May 2015, a police attacker was shot and killed by a police officer in the waiting room of the Qing’an County Railway Station in Heilongjiang Province. After this incident, Xie Yang, together with attorney Xie Yanyi (谢燕益), who was dealt with in another case on suspicion of the crime of inciting subversion of the state power, Liu Shuqing (刘书庆) and others, traveled to Harbin and Qing’an County of Heilongjiang Province to exploit this incident by gathering crowds to provoke trouble offline and encouraging confrontation online. At the same time, they gathered unlawfully and held signs and banners at the Heilongjiang Province Public Security Department, Heilongjiang Railway Administrative Bureau, the Qing’an County Railway Station square, and the Qing’an County government, proclaiming: “Heaven and the people are angry at the killing of a citizen,” and “Make Qing’an police accountable, exercise constitutional rights.” He later published online the above-mentioned photos showing signs of the appeal and making fact-distorting speeches and statements to incite people who did not know the facts to oppose government organs.
- On May 18, 2015, during his defense in a case involving an economic dispute in Nanning Municipality, Guangxi Zhuang Autonomous Region, Xie Yang suffered a minor injury in his lower leg during a violent fight between people of both parties. The Nanning City Public Security Bureau promptly dispatched officers to deal with the situation. Xie Yang later posted on his microblog a speech on his being beaten to maliciously slander the Nanning Public Security Bureau, claiming that “Nanning police organized criminals to interfere with the economic dispute,” and “Nanning police were the assailant,” and hinting that he was being persecuted for his defense work in the Qing’an incident, and inciting people who did not know the facts to oppose the government by defaming the government. After the said article was posted on his microblog, it was reposted and commented on by many media and internet forums, creating an adverse effect.
The above criminal facts are supported by the following evidence:
1. Material evidence such as photos of cellphone and computer(s); 2. Written evidence such as records of entry and exit, deleted microblog printouts provided by Beijing Weimeng Chuangke Net Technology Co., Ltd., explanation of case situation, household registration material; 3. Testimony by witnesses Wang Xun (王勋), Xie Fengxia (谢丰夏), and others; 4. Statement and argument by defendant Xie Yang; and 5. Electronic data.
II. Disrupting Court Order
From 2014 — March 2015, villagers from Shuangtang Group, Lianhu Village, Yuhua District, Changsha, Hunan, filed an administrative suit with the Changsha Municipality Yuhua District People’s Court regarding their eminent domain home demolition matter. Defendant Xie Yang was hired as attorney to represent 17 of these villagers in the case. He told the villagers that even if they didn’t win the case, they could use the delay of the trial to pressure the Yuhua District government to increase their compensation. To achieve this objective, defendant Xie Yang deputized non-lawyers Wang Quanping (王全平), Fan Biaowen (范标文) and others to handle this case, and they asked the villagers to trust and support every action they did in the courtroom, and do everything they could to convene their relatives and friends to come to the court hearing. After that they used the Internet and telephone to gather many unrelated people to come to the court hearing to “surround and watch” (围观). On the morning of March 9, 2015, Changsha Municipality Yuhua District People’s Court began to hear the case, the court decided that because Wang Quanping, Fan Biaowen and others didn’t have the qualifications to represent the appellants as their legal agents, so it demanded that Wang and Fan leave the trial. Defendant Xie Yang slapped the table and abused and insulted the judge and used other methods to incite the litigants and trial observers to oppose the court’s decision. A mob gathered and made a lot of noise and charged the court. The defendant Xie Yang and others obstructed the bailiffs’ maintaining court order, seriously disrupting court order and causing the hearing to be delayed two hours.
Evidence substantiating the above crimes is as follows:
1. Cell phone and other material evidence photographs; 2. Notice to appear in court, observer register; court hearing transcript and other documented evidence; 3. Testimonies by witnesses Xiang Bin (向斌), Zhang Libing (张莉斌), Zhou Jie (周杰), etc.; 4. Defendant Xie Yang’s deposition and defense; 5. Video and audio material from court hearing; 6. Digital data.
This procuratorate maintains that defendant Xie Yang incited others to subvert state power and overthrow the socialist system, thus committing major criminal acts. He also assembled mobs to create chaos and attacked a court, seriously disrupting court order. These actions constitute a violation of Articles 105(2) and 309(9) of the Criminal Law of the People’s Republic of China. The facts being clear and the evidence reliable and sufficient, defendant Xie Yang should be held criminally responsible for the crimes of subverting state power and disrupting court order. Therefore, in accordance with Article 72 of the Criminal Procedure Law of the People’s Republic of China, this procuratorate hereby submits its indictment and requests that punishment be imposed in accordance with the law.
To: Hunan Province Changsha Municipal Intermediate People’s Court
Prosecutor: Fang Hui (方惠)
Acting Prosecutor: Li Zhiming (李治明)
December 16, 2016
Notes and Attachments:
- Defendant Xie Yang is currently detained in Changsha Number Two Detention Center.
- Case file (14 volumes, 24 CD-ROM disks).
- Witness List
Crime and Punishment of China’s Rights Lawyers, July, 2015.
January 10, 2017
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:
- Collect cases, data, and evidence on Chinese human rights violators and corrupt officials;
- Write reports based on such data and evidence;
- 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;
- 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 email@example.com)
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。