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Condemning the Enforced Disappearance of Lawyer Lu Tingge

Members of the Chinese Human Rights Lawyers Group, March 8, 2019

Lu Tingge (卢廷阁) is a lawyer based in Shijiazhuang (石家庄), the capital of Hebei province. He is one of the newer faces in the community of human rights lawyers in China. In February he put forward a proposal to limit the legislative authorities of the Standing Committee of the National People’s Congress, and more than a thousand Chinese citizens signed to support the proposal. He has been missing since March 2. — The Editors  

We have learned from multiple sources that, on March 2, the Shijiazhuang-based lawyer Lu Tingge was taken away by officials of Shijiazhuang municipal Justice Bureau and his neighborhood police officers, and that his family and colleagues have not been able to get in touch with him for seven days as of today.

Lawyer Lu called his wife once on the evening of March 2, not using his own cell phone, but that of Xing Qiang (邢强), an official of the Bureau. Since then his family has not been able to get in touch with him.

We as lawyers believe this is a serious violation of a citizen’s basic human rights such as freedom of movement and freedom of communication. It is a typical act of enforced disappearance. Those who are involved in disappearing lawyer Lu Tingge have committed the crime of extralegal detention defined by Article 238 of the Criminal Law of the People’s Republic of China.

We have reasons to believe that the enforced disappearance of lawyer Lu is probably related to his proposal for amending the Constitution and his gathering signatures of support because several lawyers who signed have been summoned for talks by officials of their local Justice Bureaus.

Lawyer Lu’s disappearance reminds us of a number of human rights defenders whose freedom has been partially restricted for their expressions. We believe that:

First, it is immoral to secretly categorize and identify citizens for their expressions and political orientations; it is immoral to conduct secret and prolonged investigations of lawful citizens who are merely exercising their constitutional rights.

Second, it is illegal to forcibly evict or limit the movement of certain citizens based on such secret categorization and identification when the National People’s Congress (NPC), the Chinese People’s Political Consultative Conference (CPPCC), or the Chinese Communist Party’s national conference convenes, or on dates deemed particularly sensitive. It is a blatant contravention of constitutional rights and in opposition to the government’s claim of governing the country according to the law.

Third, the central requirement of governing the country according to the law is to respect and protect basic human rights and to allow citizens to be free of fear. Enforced disappearances by the government will create permeating fear. Such inappropriate exercise and transgression of power sets a precedent and can easily be multiplied, creating threats to all citizens. The enforced disappearance of lawyer Lu Tingge will inevitably and adversely affect ordinary people.  

Fourth, according to article 16 and article 23 of the United Nations’ “Basic Principles on the Role of Lawyers,” “governments shall ensure that lawyers are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference,” that “lawyers like other citizens are entitled to freedom of expression, belief, association and assembly,” and that “they shall have the right to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights…” 

We call on Shijiazhuang Justice Bureau and neighborhood police to immediately restore lawyer Lu Tingge’s physical freedom and freedom of communication.

We call on the Hebei provincial government’s disciplinary and supervisory entities to investigate the civil servants who have been involved in committing the crime of illegal detention in this case and to eliminate the ill effects it has created.

Members of the Chinese Human Rights Lawyers Group (中国人权律师团)

March 8, 2019

谴责石家庄市司法局和公安局对卢廷阁律师的强迫失踪

从数个消息来源获知,自2019年3月2日卢廷阁律师被石家庄市司法局和辖区派出所警察联合带走后,就与外界失联。至今已经是第7天了。

虽然3月2日晚卢律师给妻子打过一次电话,但用的却是司法局邢强处长的电话。此后其家人再无法再联系上他。

作为法律人,我们一致认为这是对公民人身自由,通讯自由这些基本人权的严重侵害,是一种典型的强迫失踪行为,相关涉案人员已经构成《刑法》第238条的非法拘禁罪。

我们有理由相信,对卢律师的强迫失踪可能与他提议修改宪法的联署文本有关,因为多个联署律师均已被所在地的司法局约谈。

由卢律师个案联想到以前多位人权捍卫者因言论表达而被区别对待甚至被限制部分自由的情形,我们一致认为:

第一,基于人的言论和政治倾向而对公民进行秘密分类和甄别是不道德的,对践行宪法权利的合法公民进行长期的秘密侦查是不道德的。

第二,在全国人大、政协或者中国共产党的全国会议召开及某些特定日子,基于对公民的秘密分类和甄别,对特定公民进行强制驱逐和限制自由迁移是违法的,是对《宪法》权利的践踏,与政府主张的依法治国精神相违背。

第三,依法治国的核心要求是尊重和保障基本人权,让国民有免于恐惧的自由。而公权力的强迫失踪会塑造弥漫性的恐惧氛围,因为权力的行使具有强烈的示范作用,一旦权力边界被突破,极易被复制,对所有国民都是一种威胁。卢廷阁作为一名律师,他的被强迫失踪不可避免的会带给普通人更大的心理冲击。

第四,依据联合国《关于律师作用的基本原则》第16条和23条之规定,各国政府应该保证律师能履行其所有职责而不受恫吓和威胁,律师作为公民也享有言论、信仰、结社和集会的自由,他们应有权参加针对法律、司法以及促进和保障人权方面的公开讨论。

我们呼吁石家庄市司法局和辖区派出所人员即刻还卢律师人身自由和通讯自由。

我们呼吁河北省纪检监察部门立即对涉案的国家机关工作人员非法拘禁的犯罪行为展开调查,以消除事件带来的恶劣影响。

中国人权律师团

2019年3月8日

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Acceptance Speech for the 2018 French Republic Human Rights Prize

Tang Jitian, January 30, 2019

On December 10, 2018, on the occasion of the 70th anniversary of the Universal Declaration of Human Rights and the 20th anniversary of the United Nations Declaration on Human Rights Defenders, the French National Consultative Commission on Human Rights (La Commission nationale consultative des droits de l’homme) has awarded the annual French Republic Human Rights Prize to six personalities or organizations that have distinguished themselves in their country for the defense and promotion of human rights, and Chinese human rights lawyer Tang Jitian (唐吉田) is one of them. He was unable to travel to France to receive the prize. On January 14, 2019, the French Ambassador to China, Mr. Jean-Maurice Ripert, presented him the award in Beijing. –– The Editors

Ladies and Gentlemen: 

I am very grateful to the French government for awarding me the 2018 French Republic Human Rights Prize (Le Prix des droits de l’Homme de la République Française). I think this is not only an affirmation of my own work on behalf of human rights, but also an affirmation of all Chinese human rights defenders, including lawyers. While expressing thanks to those who conferred this award, I also want to say thank you to friends from all walks of life at home and abroad who have expressed concern and given me support and help for more than 10 years. My life became more meaningful because of you!

Since entering the legal profession, especially after coming to Beijing in 2007, I was determined to use the law to help those who had suffered injustices. In addition to handling human rights cases, I also participated extensively in social actions, one of which was an effort in 2008-09, together with a cohort of lawyers to promote direct elections of the Beijing Lawyers’ Association. This action infuriated the Chinese government, and in April 2010, my license to practice law was revoked. Even though I suffered this blow of losing my normal legal practitioner’s identity, it didn’t stop me from engaging in rights defense work. On the contrary, I threw myself into the work even more actively, including the struggle for lawyers’ own rights and interests. And despite having suffered numerous rounds of forced disappearance and arbitrary detention, accompanied by torture, I nonetheless still had the same intention as before –– to continue to be active in the field of rights defense in China.

Although I’ve been restricted from exiting the country for nearly 10 years, making it impossible for me to fully communicate and work together with the outside world, my view was not completely limited. I still have friends from certain countries who have facilitated my work to varying degrees.

As everyone knows, France has a notable tradition of defending human rights. The 1789 Declaration of the Rights of Man and of the Citizen still has a unique guiding value for today. After the Second World War, and especially in recent years, the French government and civil organizations have made great efforts to promote the improvement of human rights in mainland China. Among the democratic countries, France plays a role that is appropriate for a major country. As a major democracy, France still has considerable room for expansion in promoting world development, especially in China’s human rights cause. I hope it can be even more proactive than in the past in getting involved in China’s human rights matters, and provide practical and effective support and assistance to human rights defenders on the frontline.

Contemporary mainland China has reached a critical juncture: whether to embrace civilization or choose barbarism; whether to practice universal values ​​or push the rules of the jungle; whether to preserve and strengthen the outdated totalitarianism or move toward a new democratic politics –– there is not much time left to waver.  

As a member of civil society, I look forward to China getting on the right track as soon as possible, but those selfish and greedy officials in the government are trying to pull the people back into barbarism. It is difficult to imagine what things would be like to have a China with 1.3 billion people suspended alone for a long period of time outside the civilized world: the deteriorating human rights situation in mainland China is not only a nightmare for the Chinese, but will also be a misfortune for all of humanity.

In the face of this grim situation, groups upon groups of Chinese people eager to live with dignity have fought for their rights and interests in various ways, so that future generations can live in a normal environment, and the Chinese nation will not become a burden to the world. Human rights defenders, including human rights lawyers, are to some extent shouldering a historical responsibility. As one of them, I hope they will receive more understanding, attention, support, and assistance from the international community.

This award serves as both motivation and pressure. In the past, I only did my job as a human rights lawyer, therefore going forward I can’t stop doing what I am called upon to do. Instead, I should always remind myself not to be complacent, and do more work to the best of my ability using available means. Defending human rights has long been an integral part of my life. I will work together with other human rights defenders, from a new starting point, to make a due contribution to the protection of human rights and the advancement of the rule of law.

Finally, I would like to express my sincere gratitude to all the guests at the awards ceremony!

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Who Is Huang Qi?

Tan Zuoren, January 13, 2019

Huang Qi’s trial opens today (January 14, Beijing time) in Mianyang Intermediary Court, Sichuan Province. – The Editors

Huang Qi, second from left, in April, 2016. Photo: RFA

Huang Qi (黄琦), 55, is from Neijiang City in Sichuan Province (四川内江市), southwestern China. He holds a bachelor’s degree and is the founder of 64 Tianwang (六四天网) as well as the China Tianwang Human Rights Affairs Center (中国天网人权事务中心). He has for years devoted himself to public interest work, and he is also a dissident. Huang Qi’s late father was a soldier. His mother is a retired cardiologist Ms. Pu Wenqing (蒲文清), 85 years old this year.

Huang Qi graduated from the Radio Department of Sichuan University in 1984. Following his graduation, he worked for years as a businessman. In 1998, Huang Qi and his wife Zeng Li (曾丽) pooled the resources of their family and founded the “Tianwang Center for Missing Persons” (天网寻人网站)—the first such Chinese public welfare organization—in Chengdu. On October 23 of the same year, he founded China’s first private office for locating lost persons. Through this organization, Huang Qi and his wife helped the police crack down on kidnapping and assist the relatives of abducted women and children in finding and rescuing their loved ones. 

Tianwang’s work was acknowledged and praised by major Chinese media. The People’s Daily published a special report called “The Many Exploits of Tianwang’s Searches for the Missing” (《天网寻人故事多》). Feature reports by other media include, among others, “My Dream Is to Reunite Ten Thousand Families” (《万家团圆是我的心愿》), “The Missing Persons Center Handles Every Case With Love and Tears” (《寻人事务所一一用爱和泪水来经营》), and “She Founded China’s First Missing Persons Center” (《她创办了中国首家寻人事务所》).

On June 3, 2000, Huang Qi was arrested and imprisoned for posting “sensitive rights defense information on the website of Tianwang Missing Persons Center. It was his first. After two and a half years of detention, he was sentenced to five years in prison for the charge of “inciting subversion of state power.” During his five-year sentence, Huang Qi was repeatedly beaten by police officers, prison guards, and other inmates, leading to serious ailments such as hydrocephalus, brain atrophy, bilateral ventricle enlargement, and narrowing of the urethra.

The core mission of 64 Tianwang is to “stand in solidarity with those who have no power, no money, and no influence.”

On June 2, 2005, after Huang Qi was released from prison, the Tianwang Missing Persons Center, still running when he served out his sentence, was officially renamed 64 Tianwang. The core mission of 64 Tianwang is to “stand in solidarity with those who have no power, no money, and no influence” (与无权无钱无势的弱势人群站在一起). It has served as a comprehensive, peaceful, and effective service to protect the rights of petitioners throughout the country who have no other recourse available to them. The volunteers who run 64 Tianwang adhere to the facts in their reports, exposing public corruption scandals and information about civil rights activism. It is the first private media organization in China to provide a wide range of information services for petitioners.

During the May 12 Wenchuan Earthquake in 2008, Huang Qi actively participated in disaster relief efforts, and was first to report the shoddily-built tofu-dreg classrooms (校园豆腐渣工程) scandal via 64 Tianwang, incurring the anger of the Sichuan provincial authorities who were under the factional patronage of Zhou Yongkang (周永康). Charged with “Illegal possession of state secrets,” Huang Qi was sentenced again, this time to three years in prison.

By 2011, when Huang Qi was released from his second sentence, he was suffering from a terminal kidney illness. Despite his condition, he continued his public interest activities with 64 Tianwang, and founded the China Tianwang Human Rights Center (中国天网人权事务中心). Huang Qi’s determination did not waver even as his family broke up. Together with other Tianwang volunteers, he established a nationwide information network for petitioners and civil rights, providing first-line, first-hand information from all levels of government about human rights and “stability maintenance” for the public.

On November 28, 2016, Huang Qi was accused of illegally providing state secrets to foreign agencies. This third time, he was arrested and imprisoned for disclosing the contents of a supposedly secret internal document.

On July 28, 2017, after six long-distance trips made in as many months, Huang Qi’s defense lawyer Sui Muqing (隋牧青)[1] was finally able to meet with the ailing Huang Qi at the Mianyang City Detention Center. By this time, Huang Qi’s condition was very serious, and the investigation associated with his criminal case had been concluded several days prior and had been transferred to the prosecution for review.

Despite the obvious deterioration of his health, Huang Qi was in good spirits during the meeting with Sui Muqing. He expressed full confidence that China would move toward constitutional governance, democracy, and social justice.

While Huang Qi remained unyielding throughout his 18-year campaign for civil rights, he has always been willing to provide constructive support for government work in specific issues. In helping a large number of petitioners resolve matters of practical urgency, he won their broad respect and support around the country. Internationally, Huang Qi has earned an honorable reputation for his contributions to the cause of human rights, and has received multiple international awards for his work.

Huang Qi’s rights-protection cause has inevitably hindered the authority and interests of many local governments. Naturally, he has become a crackdown target, spending half of the 18 years of his public interest work in jail! It is indeed very regrettable!

In fact, if we abandon the old ideological prejudice and the unilateral political/rule interest calculation, the human rights cause that Huang Qi supports is indisputably a force that is both in line with fundamental moral values and universal consensus. It is a cause that benefits the fundamental, long-term interests of all society, and as such ought to receive encouragement and support at all levels of government. Especially when China’s political system remains imperfect and society is rife with serious upheaval, Huang Qi is a humanitarian who strives both to protect disadvantaged groups, and as such, he helps maintain social stability. His is perhaps the greatest contribution a citizen can make to the nation!

In view of the uniquely arduous conditions that Chinese political prisoners must cope with, and in view of the painful experience of dissidents such as Li Hong (力虹), Cao Shunli (曹顺利), Peng Ming (彭明), Liu Xiaobo (刘晓波), and Yang Tianshui (杨天水), we hope that the authorities will, in keeping with the humanitarian spirit, grant the terminally ill Huang Qi medical leave as soon as possible, so that he can access timely and effective treatment, as well as living conditions suitable for his medical state.

Political issues are complex and perilous, while the humanitarian spirit is humble and simple, and forever. Huang Qi’s release would also mean release for his aging mother, and it would not do the least harm to the authorities. The matter is just this simple: I hope that the relevant authorities will consider this matter and make the decision to release Huang Qi in time and avoid yet another human tragedy!

August 20, 2017

[1] Over the period of this article’s writing to now, both lawyer Sui Muqing and lawyer Liu Zhengqing (刘正清), who succeeded Sui to defend Huang Qi, have been disbarred.

Tan Zuoren (谭作人), born on 15 May 1954, is an environmentalist, writer and former editor of Literati magazine based in Chengdu, Sichuan province. He was imprisoned for five years from 2009-2014 for investigating student deaths during the Wenchuan earthquakes in 2008. [Wikipedia entry]

Translated from Chinese 《民间维权十八年,换来牢狱祸连连》


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End Dictatorship, March Towards Freedom — A 2019 New Year’s Statement From the China Citizens Movement

December 31, 2018

Freedom, Justice, and Love

China is at a crossroads.

History will remember 2018. In March, Xi Jinping amended the Constitution to everyone’s chagrin, paving the way to life in power.

It’s an anachronism to go back to permanent power in the 21st century. More than that, it’s a subversion of civilization; it’s a shame for the country and for all Chinese nationals.  

Xi Jinping has imposed his will on the entire Chinese population. In order to hold onto power, he has to strip the Chinese of their rights and dignity and enslave them.

Xi Jinping is building a new model of totalitarianism that directly threatens freedom of movement and property rights. Each person lives in fear.

Xi Jinping attempts to monopolize all the resources and gain the privilege to rule over everything. Such desires threaten to diminish the struggle for freedom, over the last hundred years, for which countless Chinese have worked hard and made sacrifices.

Xi Jinping is quickly sabotaging the legitimate rules of the international community. His actions are leading China into isolation, making China a threat to the global order.

Over the six years of of his administration, Xi Jinping has been bringing China to a destructive point of no return. The entire country is becoming a sacrifice for his delusion of grandeur.

Citizens, this is the crossroads we have come to.

The road, on which Xi Jinping is forcefully taking all Chinese, is a dark road to disaster, a real “evil path.” It’s a road we can’t go down and refuse to go down.

Another way is to end Xi Jinping’s dictatorship and give the Chinese people freedom. It’s a road that will revive and lead this ancient land to greatness. It’s a road of hope and a road to light. It is the road we are determined to pursue. 

We are passionate sons and proud daughters of China. We are students; we are artists. We are Chinese citizens everywhere across the country.

We are the victims of concentration camps in Xinjiang; we are private entrepreneurs who have been ripped off; we are victims of poisonous vaccines; we are also investors who have lost everything in the financial bust. We are every citizen who bears the scourge.

We are prisoners of conscience; we are also human rights lawyers facing the crackdown. We are persecuted believers, and we are also netizens whose accounts are censored or deleted altogether. We are every citizen and we hold close our conscience and convictions.

We don’t have guns or canon, but we have our own weaponry and they are more powerful than guns or canon. We use common sense to dispel lies; we use courage to resist violence; we use hope to overcome tyranny.

No matter how thorny the road ahead, it is our firm belief that Xi Jinping’s reactionary rule will inevitably end and freedom lies right ahead of us.

We know very well that we will pay a price that’s too stiff for ordinary people. But we have made our choice, and that is: instead of succumbing to tyranny, we are willing to dedicate ourselves to the cause of freedom.

We want to tell the world that the Chinese people love freedom, pursue freedom, and will enjoy freedom. One day the rest of the world will witness us being free and rejoicing.

As the New Year begins, we, the Chinese Citizens, shout together: End Dictatorship! March Towards Freedom!

December 31, 2018

终结独裁,走向自由——2019年中国公民新年献辞

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Weather the Dark Storm, Persevere for Rule of Law in China — A 2019 New Year’s Message From the China Human Rights Lawyers Group

The China Human Rights Lawyers Group, January 1, 2019            

2018, the year of Wuxu (戊戌), is slipping into history. Over the past 120 years, Wuxu has always been an eventful year. In 1898, four years after China had lost the First Sino-Japanese War, the Hundred Days’ Reform failed, and six of its chief advocates, among them Tan Sitong (谭嗣同), paid the price in blood at their public beheading. In 1958, another year of Wuxu, the Great Leap Forward and the people’s communes was to bring on the world’s greatest famine that would result in tens of millions of deaths. 

Indeed, China in the year 2018 bears little resemblance to the China of 1958 and 1898. Four decades of economic reform have seen China’s GDP rise to second place among the world’s nations. At the same time, there are many deeper issues and structural challenges to face. The Sino-U.S. trade war, coming as an onslaught from without, represents the conflict of universal values in China’s troubled integration with international society. Internally, China has been plagued by serious and chronic social ills — forced demolition, widespread petitioning, “stability maintenance,” wrongful charges, and judicial corruption — at the heart of which lie the inescapable questions concerning rule of law, constitutional government, freedom, and democracy.

Though the circumstances differ, the three years of Wuxu in the last 120 years share one common trait: societal change. And the underlying change is one of transition, from the closed society and “rule by man” (人治, as opposed to rule of law) to an open society, governed by law, that respects the rights of its citizens.

The process of taming power with rights is a long and painful one. Indeed, China has yet to complete its “great shift unseen over the past 3,000 years” (三千年来未有之大变局) described by the late-Qing minister Li Hongzhang (李鸿章) in his desperate attempts to right the ship of state.

2018 saw the outbreak of the Changsheng vaccine scandal, which once again tested the deteriorating moral of Chinese society. We loathe unscrupulous corporations that sacrifice everything for profit, even at the cost of endangering public safety; we abhor even more the authorities, who take taxpayers’ money but fail to perform their duties. The vaccine scandal is the latest of many chilling reminders that we are still far, far away from efficient and uncorrupt administration; and that a comprehensive market economy governed by law has continued to elude us.

This year, we have witnessed a number of laws drafted or amended, including the Constitution, Supervision Law, Criminal Procedure Law, Police Law, Law of the People’s Republic of China on the Protection of Heroes and Martyrs, Regulation on Religious Affairs, and the like. Put together, they evidence an alarming trend: the government continues to expand its power and suppressing individual rights. 

This year, human rights lawyers have suffered another wave of crackdown following the 709 mass arrests of 2015. This time, the crackdown has been more deceptive and underhanded, making use of administrative channels to restrain practitioners of law. Lawyers saw their licenses suspended or revoked. Some were forced to temporarily discontinue their legal practices, submit to investigation, experienced troubles in their annual administrative inspections, or met with interference from the judicial and administrative authorities that prevented their re-employment by other law firms.

From the brazen arrest of lawyer Yu Wensheng (余文生) earlier in the year, to the court hearing at year’s end that saw the revocation of Liu Zhengqing’s practicing license, 2018 has seen a long list of human rights lawyers being disbarred or soon to be disbarred, or otherwise suspended, including Yu Wensheng , Sui Muqing (隋牧青), Wen Donghai (文东海), Ma Lianshun (马连顺), Qin Yongpei (覃永沛), Xie Yanyi (谢燕益), Chen Keyun (陈科云), Li Heping (李和平), Wang Yu (王宇), Zhang Kai (张凯), Liu Xiaoyuan (刘晓原), Zhou Lixin (周立新), Cheng Hai (程海), Hu Linzheng (胡林政), Zeng Wu (曾武), Chang Weiping (常玮平), He Wei (何伟), Chen Jiahong (陈家鸿), Li Jinxing (李金星), Yu Pinjian (玉品健), Liu Zhengqing (刘正清), Lin Qilei (蔺其磊), Yang Jinzhu (杨金柱), and more. 

In 2018, we have seen increases in willful use of police summons and arbitrary disappearances.

Dong Yaoqiong (董瑶琼), a woman from Hunan, disappeared without a trace and later ended up in a psychiatric hospital. Another three young women — Shen Mengyu (沈梦雨), a master’s graduate at Zhongshan University who participated in the Jasic labor rights protest; Yue Xin (岳昕), a graduating senior at the Peking University who also voiced her support for Jasic workers, and Yang Shuhan (杨舒涵), a current student at the Renmin University — have been either disappeared or silenced. These young women have stood out with their kindheartedness, determination, independence and courage.

The “re-education centers” in Xinjiang have attracted international condemnation. Without any doubt, these mass violations of personal freedom fly in the face of the human rights guaranteed in the Chinese Constitution. They must be ended.

We have observed more and more incidents of police checking identification or phones at will, or engaging in other so called “law enforcement” activities that are in fact gross violations of human rights. We have also seen police carry out illegal acts, such as breaking into residents’ homes for inspection, summoning individuals on an arbitrary basis, or violently dispersing migrant workers. These acts have left us feeling fearful and apprehensive.

Renowned dissident Qin Yongmin (秦永敏) was given yet another severe sentence, and Ms. Xu Qin (徐秦) was unlawfully detained for months. We have also seen a deluge of farcical trials in the cities of Suzhou and Fuzhou against citizens who sought to defend their rights, and reprisals or abuse against civil rights activists who refused to plead guilty, such as Ge Jueping (戈觉平), Wu Qihe (吴其和), and Zhu Chengzhi (朱承志).

Following the terror of 709 crackdown, Mr. Xu Lin (徐琳) in Guangzhou wrote songs to rally morale and has been imprisoned since; Liu Feiyue (刘飞跃), Zhen Jianghua (甄江华), and Sun Lin (孙林) were punished for citizen journalism. We saw how the 85-year-old mother of another citizen journalist Huang Qi (黄琦) desperately sought support far and near after her son was framed and charged with “provoking quarrels,” and how Zhang Pancheng (张盼成), a security guard at Peking University who came from a humble family, began to speak of an awareness of rights that few students seem to care about or dare to voice.  

We have borne witness to the abhorrent behavior of a policeman surnamed Chen working at the Hualin Police Station in Guangzhou, who stripped the clothes off female lawyer Sun Shihua (孙世华) under the pretext of “law enforcement.” We have seen the incident treated with the cover-ups typical of bureaucracies such as the procuratorate, supervision commission, disciplinary inspection, judicial administration, and lawyers’ association, as well as the arrogance of the Liwan police, who instead of going after the culprit, issued administrative penalties to Sun Shihua the victim. We feel pain and helplessness at her plight, yet deep in our hearts is the firm belief that Chen and the officials shielding him will eventually have their shameful acts recorded in the annals of China’s legal history.

At year’s end, WeChat accounts were deleted en masse, Twitter users were forced to delete their feeds and accounts, and freedom of speech in general is coming under more vicious attacks in China. Religious freedom has also suffered, as most recently evidenced by the sudden arrests of Early Rain Covenant Church members in Chengdu, Sichuan, among many other incidents.  

The day after Christmas, Tianjin No.2 Intermediate People’s Court held a closed trial of lawyer Wang Quanzhang (王全璋) citing state secrets, eschewing all pretenses of law. This forms a sharp contrast to the creative protest of the 709 wives—Li Wenzu (李文足), Wang Qiaoling (王峭岭), Yuan Shanshan (原珊珊), and Xu Yan (许艳). Their slogan “We can be hairless, but you can’t be lawless” will become a legal maxim for the ages. [发, hair, has a similar sound to 法, law]

2018, this year of Wuxu, was a year filled with extreme challenges.

What’s to be done? Shall we cower the corner and find solace in temporary efforts, or shall we confront the reality and pursue the rule of law regardless how the storm of tyranny rages? We are faulted and accused at every turn, thwarted before even taking a single step. Yet as pioneers of our time, we must march on, making the best of the situation. Like the sun and moon moving on their celestial courses, like rivers flowing to the ocean, we stand firm in our conviction that constitutional government, democracy and human rights will become reality in the face of adversity. The ideal of rule of law is our motivation and what keeps us from despair.

Because of our ideals, human rights lawyers didn’t shy away from pressure and continued to defend Qin Yongmin,Tashi Wangchuk (扎西文色), Huang Qi, Jin Zhehong (金哲宏) and other cases deemed politically sensitive. For us human rights lawyers, there are only legal cases, and there are no such thing as “sensitive cases.”

In 2019, four years after the 709 crackdown, we will welcome the release from prison of two human rights lawyers, Tang Jingling (唐荆陵) and Jiang Tianyong (江天勇).

In 2019, we hope to see the freedom of another four human rights lawyers: Wang Quanzhang, Yu Wensheng, Li Yuhan (李昱函), and Chen Wuquan (陈武权). Whether in terms of Chinese law or international conventions, there’s no legal ground for the accusations they face.

We hope that the laws on the books can be followed, and not manipulated by those in power. 

We hope that no more human rights lawyers find their practicing licenses revoked for any excuse.

We hope to put an end to the arbitrary summons, detentions, forcible disappearances, and other gangster tactics employed by the authorities. We hope that police can exercise self-control and refrain from acting on their whims. We request that police officer Chen at Hualin Police Station turn himself in, that the Guangzhou police remove him from his post, and that he face a penalty appropriate to his misdeed.

Going into 2019, we look forward to the vindication of moe, and hopefully all wrongful charges. We hope that an effective mechanism can be established to eliminate and correct unjust rulings. We hope that “picking quarrels” and “extorting government” will no longer be used as grounds for prosecuting petitioners and human rights activists. These charges are absurd, unreasonable, and an assault on the rule of law. While these actions of the authorities may have some immediate suppressive effect, in the long run it will serve only to intensify conflicts between the government and the governed. The consequences will be disastrous. 

The life mission of any lawyers is to uphold justice in their cases. We as human rights lawyers will continue to practice, representing all kinds of clients, including those deemed politically sensitive. We will use our work to promote the causes of constitutional government and rule of law. We face many storms ahead and the path is fraught with peril and uncertainty. Yet we forge on, duty-bound to the mission of justice. There is no going back! Our determination in the face of impossible odds will drive us forward, persevere through the storm for the sake of a better China. This is the choice we made, our predestination and mission. 

Hello, 2019!

The China Human Rights Lawyers Group

December 31, 2018


The China Human Rights Lawyers Group was founded on September 13, 2013. It is an open platform for cooperation. Since its founding, members of the group have worked together to protect human rights and promote the rule of law in China through issuing joint statements and representing human rights cases. Any Chinese lawyer who shares our human rights principles and is willing to defend the basic rights of citizens is welcome to join. We look forward to working with you.

Contacts:

Lawyer He Wei (何伟), Tel: 18523069266

Lawyer Lin Qilei (蔺其磊), Tel: 13366227598

Lawyer Shi Ping (施平), Tel: 15515694755

Lawyer Wang Qingpeng (王清鹏), Tel: +1 (425)7329584

Lawyer Xie Yang (谢阳), Tel: 18673190911

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At China Change, a few dedicated staff bring you information about human rights, rule of law, and civil society in China. We want to help you understand aspects of China’s political landscape that are the most censored and least understood. We are a 501(c)(3) organization, and your contribution is tax-deductible. For offline donation, or donor receipt policy, check our “Become a Benefactor” page. Thank you.

The Crackdown on Chengdu Early Rain Covenant Church: A Backgrounder

China Change, December 21, 2018

 

Chengdu early rain, 封面

Chengdu Early Rain Covenant Church. Photo: online.

 

On Sunday evening, December 9, while worshiping with members, Wang Yi (王怡), the lead pastor of Chengdu Early Rain Covenant Church was seized and taken away by police. The church was raided; books and other items were confiscated. In the same evening, police descended on homes of many members, demanding that they sign a pledge not to participate in “illegal gatherings of the Early Rain church” anymore. Over one hundred were taken away for refusing to sign. The church’s WeChat group was shut down, so were the personal accounts of many churchgoers.

The authorities outlawed the church, the church’s elementary school and its divinity school.

According to the latest report, 25 church members have been detained so far. Of the 15 who have been criminally detained, Pastor Wang Yi and his wife Jiang Rong (蒋蓉) were arrested for allegedly “inciting subversion of state power;” the other 13 (elders, deacons, or members) were detained for “illegal business operation” or “provoking disturbances.” Seven have been disappeared and 3 given administrative detention.

The Early Rain Covenant Church in Chengdu is one of the best known house churches in China. Unlike any other Chinese house churches, Pastor Wang Yi and some of the church’s key members have been part of China’s emerging civil society since the early 2000s. Over the past few years, the church has attracted many human rights defenders and dissident intellectuals. In 2011, the church established a fund for families of political prisoners in Sichuan. Each year on June 4th, the church holds a prayer for the country to commemorate the Tiananmen democracy movement.

The church operates schools. “Each family, each church must defend the God-given sovereignty over the education of its children,” said Pastor Wang Yi, “even if we have to go to jail for it.” The church has a divinity school, an elementary school for 1st to 6th graders, a school of humanities, as well as a Sunday school.

The church has a Facebook page,  and their YouTube channel has 130 videos.

 

(Members preaching on the streets of Chengdu.)

 

Pastor Wang Yi, who is 45 years old this year, is a Sichuan native who was born and raised in Santai county, Mianyang city. He graduated from Sichuan University law school in 1996, and taught at the business school of Chengdu University for a number of years. When Internet forums sprang up in China at the turn of the century, Wang Yi distinguished himself in a vibrant forum known as “Guantian Tea House” (关天茶社) where a new generation of intellectuals met, debated and made names for themselves. Wang Yi hosted a constitutional democracy forum that discussed China’s political transition.

In 2004, Wang Yi was selected by Nanfang People Weekly (南方人物周刊) as one of the “Most Influential Public Intellectuals.” Reporter He Sanwei (何三畏) described Wang Yi this way: “This young man is a bright sight to behold. His thoughts are sharp and deliberate, and his expressions well-formed and witty.”

The list included economist Mao Yuxi (茅于轼), lawyer Zhang Sizhi (张思之), political scholars Liu Junning (刘军宁), Zhu Xueqin (朱学勤), Xu Youyu (徐友渔), poet Bei Dao (北岛), rock singer Cui Jian (崔健), founder of Caijing magazine Hu Shuli (胡舒立), legal scholar He Weifang (贺卫方), and so on.

In April 2005, Wang Yi and his wife Jiang Rong started the Early Rain Blessings Fellowship in their home in Chengdu. Three years later in May 2008, the Early Rain Blessings Church was established. The Early Rain Covenant Church Currently has more than 500 members, and it is said that, on some weekends, there could be as many as 2,000 flocking to the church on the 23rd floor of the Jiangxin Building, in downtown Chengdu by the Jinjiang River.

Church elder Li Yingqiang (李英强), also a Sichuan native, is only 39 years old, but he was a prominent figure in China’s now-shattered scene of independent NGOs. He and a few friends founded the Liren Library (立人图书馆) in 2007 that brought books to the countryside. The idea was to “help rural youth grow to be healthy and normal citizens.” Liren Library had attracted many volunteers and donors. Over the seven years of its existence, they established 22 libraries in 12 provinces. But in 2014 at the onset of a sweeping crackdown on independent NGOs in China, Liren Libraries were forced to close down.

 

_孩子们

A Liren library (unclear where). Photo: online.

 

Another illustrious member of the church is Ran Yunfei (冉云飞), a prolific writer and an independent intellectual whose political and historical writings have influenced many readers of the internet age. He was baptized in 2016. He has been a key player in the church’s educational programs, and he is seen to give lectures on Chinese culture and Christianity during regular church gatherings.

Church activities have been for years surveilled and harassed. On May 11 this year, Chengdu authorities deployed over 300 people to prevent the church from holding a prayer for the 10th anniversary of the Wenchuan earthquakes.

The attack on Early Rain Covenant Church is part of the Chinese government’s broad and determined crackdown on house churches, and even some state-sanctioned churches, across the country since 2012. But it’s much more. On September 9, the government outlawed Zion Church, one of the largest house churches in Beijing. While church leaders have been under heavy surveillance, no arrests have been made.

In September 2017, the State Council issued revised Regulations on Religious Affairs (《宗教事务条例》), furthering tightening control of religious activities. The government has stepped up administrative measures to “sinocize” Christianity, and demolition of crosses and church buildings themselves. Churches are forced to display the national flag and sing praise of the Communist Party. China Change collected videos posted by churchgoers around the country and put them into one video to give our readers some visceral sense of the crackdown.

On September 1, 2018, under mounting pressure, 29 pastors in mainland China, led by Pastor Wang Yi, issued “A Statement for the Christian Faith.” As of now, more than 400 church leaders have signed it. The statement makes clear that the churches led by the signatories will only acknowledge, and submit to, the highest authority that is God, and that they will thus teach their members. The church leaders said that they would accept the government’s lawful regulation on civil organizations, but their churches would refuse to be co-opted by state-controlled religious organizations, nor would they register with religious management offices. Outlaw orders and fines levied on the churches, they said, would not be recognized or accepted. “For the sake of the gospel, we are ready to shoulder losses, and if we have to, pay the price of losing freedom and even life.”

On the day when Zion Church was shut down, Pastor Wang Yi delivered a forceful sermon:  “We believe we have the responsibility to tell Xi Jinping that he is a sinner, and that the government he leads has greatly offended God, because he has used force against the church of Lord Jesus Christ. If he does not repent, he must perish. We have to tell evil men like him that they still have a way out, that there is only one way out, that way is the cross of my Lord Jesus Christ.” (Watch the full sermon here.)

 

 

Pastor Wang Yi was prepared for his arrest. Forty-eight hours after he was detained, his statement titled “My Declaration of Faith-based Disobedience” was posted online (a China Change translation is forthcoming).

He wrote: “The persecution of the church by the CCP regime is an extremely wicked criminal conduct. As a pastor of a Christian church, I must issue a severe and public condemnation of such sins.”

He said that his and the church’s actions of nonviolent disobedience are not in any sense rights defense actions or political acts of civil disobedience.

“As a pastor, the only thing I care about is faithful disobedience, a resistance that can bring a jolt to mortal sinners and serve as a testimony of the Christian cross.”

Just how the Chinese government is treating the case of the Early Rain Covenant Church is laid bare in the subversion charge.

Church elder Li Yingqiang issued a video for church members on December 10 while “on the run.”

Chengdu early rain, LYQ, Amnesty International

Li Yingqiang. Photo: Amnesty International

“What do we do next?” According to their plans, the church will not compromise on its principles and determined path: While Pastor Wang Yi is away, the elders will take up the responsibility to shepherd the church. The church will not subject itself to government or Party control. The church members will stay together and worship together – if they can’t do so in their own church, they will rent a new venue; if they can’t rent a venue, they will worship outdoors. The church members will do everything they can to resist being forced to break up into small groups and to meet in homes of church members. If, in the end, they can’t even worship peacefully at

home, they are “ready to pay high prices.”

“We are not afraid of having two hundred, three hundred, or five hundred of us being arrested,” said Li Yingqiang. “We will let the world know that we are willing to go through such hardship for our faith. Dear brothers and sisters, I’m speaking to you while on the run. I hope you will be joyful because of the Gospel of Christ, that you will look forward to embracing a heavier cross and a more difficult career ahead.”

 

Follow us on Twitter @ChinaChange.org

 


Related:

The Burning Cross, a video compilation of church persecution in China, Sept. 24, 2018.

The Shepherds of Living Stone Church, Yaxue Cao, Dec. 25, 2016.

Interview with a Wenzhou Pastor: The Chinese Government’s Large-Scale Destruction of Crosses in Zhejiang Province, China Change, July 29, 2015.

Second Interview With the Wenzhou Pastor: After the Demolition Comes the ‘Transformations’, China Change, Dec. 15, 2015.

The Ongoing War Against Religion in China, by Zhao Chu, China Change, August 4, 2015.

 

 

Support Our Work

cropped-China-Change-Logo.jpg

At China Change, a few dedicated staff bring you information about human rights, rule of law, and civil society in China. We want to help you understand aspects of China’s political landscape that are the most censored and least understood. We are a 501(c)(3) organization, and your contribution is tax-deductible. For offline donation, or donor receipt policy, check our “Become a Benefactor” page. Thank you.