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China Change, April 21, 2017
Since the publication in early January of the “Transcript of Interviews with Lawyer Xie Yang,” made by lawyer Chen Jiangang (陈建刚), detailing a series of meetings with Xie Yang (谢阳) at the Changsha 2nd Detention Center, the Xie Yang case has taken many bizarre turns.
The revelations of torture in the interviews, the first meticulously-recorded and lengthy account of the abuse meted out to a human rights lawyer, offer a shocking view of the “709 crackdown” since mid-2015. As of now, four human rights lawyers and a number of activists are still in detention, and in the case of lawyer Li Heping (李和平) and Wang Quanzhang (王全璋), have been denied access to their lawyers for well over 600 days.
The torture of Xie Yang was perpetrated during the six months of secret detention, known as “residential surveillance at a designated location,” in the second half of 2015. After being exposed this year, it took the media by storm and provoked waves of strong reaction from the international legal community, governments, UN specialists, and human rights NGOs. On February 27, ambassadors of 11 nations wrote to the Chinese Minister of Public Security seeking answers to the reports.
Two days later, on March 1, Chinese state media, both print and broadcast, launched a smear campaign accusing the lawyers of colluding to fabricate the claims and catering to foreign media. Lawyer Jiang Tianyong (江天勇), who was abducted in Changsha on Novmeber 21, 2016, after visiting Xie Yang’s wife and children and posing for a photo outside the Changsha 2nd Detention Center, was made to appear on TV “confessing” that he had made up the torture details. An “investigative report” by the Hunan Procuratorate, which made a blurry, half-page appearance on CCTV, denied that torture had occurred. It was later reported that a few of the 11 ambassadors were subsequently summoned by the Chinese Foreign Ministry and shown the “conclusions” of this report.
Stunned by the boldfaced denial, lawyer Chen Jiangang posted articles and videos (with English subtitles) refuting the official media’s shabby narrative and questioning the Hunan investigation in its entirety. He was then was summoned for a talk with officials in Beijing, and menacing hints were made that he was under some sort of investigation…
Meanwhile, defense lawyers have been denied the right to meet with Xie Yang since February 28, a violation of Chinese law.
In recent weeks it seems that authorities in Hunan and Beijing have been negotiating a “resolution” of the case with Xie Yang. He was appointed an officially-sanctioned attorney. Yesterday, we heard the news that Xie Yang will be tried on April 25.
We don’t know what’s in store for Xie Yang. His wife, Chen Guiqiu (陈桂秋), a professor of environmental science at Hunan University, recently arrived in the U.S. seeking asylum. Today, she issued the following statement:
In December 2016 lawyers Chen Jiangang and Liu Zhengqing (刘正清) were commissioned by the family of Xie Yang to be his defense attorneys; they were then allowed by the Changsha 2nd Detention Center to meet Xie Yang, and obtained his signature confirming their power of attorney. This made Chen Jiangang and Liu Zhengqing Xie Yang’s official defense lawyers.
Following this, the two lawyers met with Xie Yang on multiple occasions, and came to learn of the extensive torture he was subjected to. They also began filing complaints against his torturers. The outcome of the submission of these complaints, however, was not that the torturers were investigated and held responsible, but that on February 28, 2017, the two lawyers were suddenly prevented from meeting with their client at the detention center. Why were the lawyers hired by family and the defendant prevented from working on the case?
Earlier this month, representatives of the Justice Department of Hunan Province met with Liu Zhengqing in Guangzhou and then Chen Jiangang in Beijing, saying that on March 31 Xie Yang had dissolved the contractual relationships with them as attorneys and instead turned around and commissioned He Xiaodian (贺小电) in Changsha as his defense lawyer.
Why have the Hunan authorities gone to such lengths to alter Xie Yang’s legal representation?
Now I am shocked to learn that on April 25, 2017, the Changsha Intermediate People’s Court will be trying Xie Yang for “inciting subversion of state power” (煽动颠覆国家政权罪), and “disrupting court order” (扰乱法庭秩序罪), and that his defense lawyer at court will be He Xiaodian.
Xie Yang’s family, defense lawyers, and his friends in China and overseas are anxiously watching and waiting for what the authorities will do.
Chen Guiqiu, wife of Xie Yang, in the United States
April 20, 2017
China’s Extraordinary Response to the 11-Nation Letter Over the Torture of Human Rights Lawyers, Yaxue Cao, March 28, 2017.
As China Blocks Xie Yang’s Own Lawyers Following the Torture Revelation, Wife Reprimands the Lawyer Who Met Him Without Consent
Chen Guiqiu, April 9, 2017
Since February 27, four weeks after the much-reported torture of Chinese human rights lawyer Xie Yang (谢阳). who has been imprisoned since July 2015, the two family-appointed lawyers of Xie have repeatedly been denied meetings with him. The last time they saw him was February 6. According to Chinese law, lawyers are free to meet their clients any time during the trial stage. Rattled by the coverage of torture and responses by international legal professionals as well as foreign governments, China took extraordinary steps in early March to deny the torture and attempt to discredit the report, in an all-out propaganda assault. They forced lawyer Jiang Tianyong to confess to the “fabrication” on national television, and threatened Xie Yang’s lawyer Chen Jiangang (陈建刚), responsible for publishing his transcript of meetings with Xie Yang as the latter recounted the torture he was put through in heart wrenching detail. Recently, without the family’s knowledge or consent, a lawyer named He Xiaodian (贺小电) visited Xie Yang in custody at least once, apparently at the bidding of the authorities, in an attempt to get Xie to appoint lawyers who will cooperate with the government. Xie Yang’s wife Chen Guiqiu (陈桂秋), a professor of environmental science at Hunan University, wrote the following letter to Mr. He Xiaodian. This is an important development in the Xie Yang story, and China Change here offers an unauthorized translation of the letter. — The Editors
To the honorable Director He,* greetings:
Director He, as you can tell from the salutation, I continue to treat you respectfully.
I was shocked to learn that you led a group of people to visit Xie Yang in the detention center. Did you know that for the last month Xie Yang’s own defense lawyers, Liu Zhengqing (刘正清)and Chen Jiangang, have been prevented from seeing him? Their legally stipulated rights have not been protected, and yet you were allowed to pay a visit. Can you tell me why?
Do you know the details of how Xie Yang has been tortured for over more than a year? Did you know that, because we exposed the details of the inhumane torture he was subject to, I was summoned, interrogated, and threatened at the end of last year? Did you see the reports vilifying Xie Yang run by CCTV, Phoenix, and Global Times in early March this year? Did you know that lawyer Chen Jiangang has been investigated, intimidated, and threatened? Did you know that he is currently having trouble in his practice and that he has two young children to provide for? Did you know that lawyer Liu Zhengqing has attempted to visit Xie Yang on numerous occasions, including many personal trips to the detention center, whereupon he has simply been rudely told to go away?
We have already clashed once before over this, last September. At the time, Xie Yang had been locked up for 16 months and hadn’t once been able to see his defense lawyers, yet you managed to see him several times! How strange, given that I had never hired you, or met you — yet you were somehow able to enjoy the extralegal privilege of meeting with my husband. And now, without even asking me for a cent or seeking my signature on a Power of Attorney letter, you’ve happily gone to the detention center to see Xie Yang, while the lawyers that I myself hired to defend him, who traveled long distances to Changsha, couldn’t see their client? As a lawyer, why is your allegiance aligned with certain people, and not the law?
Though it’s nothing unusual in today’s society, your eagerness to do the government’s bidding still gave me a shock. This is because I know that many years ago you left your post as a judge and were determined to become a lawyer. You seemed to be one of those who knew where the future of China was headed, and knew how to maintain a basic sense of human decency. You’re over 50 years of age, yet you still allow yourself to be led by the nose. Is it that you need to help frame up Xie Yang so you can bolster your political credentials? Or is it that they promised you a huge cash reward for cooperating? While you grieve for the recent passing of your own mother, have you considered that Xie Yang too has aging parents who are hoping for their son’s return? And that his brothers and sisters are all waiting to be reunited with him?
What is the purpose of your meeting Xie Yang, anyway? Did you go to try to force him to sign papers commissioning you as his lawyer? Why are you willing to be the scapegoat for these people? Do you want to become Xie Yang’s lawyer, enter a guilty plea on his behalf, and send him to jail? What I’m thinking is: even though you may be gaining benefit from doing this, and gaining illicit privilege, you may not be able to enjoy peace for the rest of your life. Surely you’ve heard of the many cases where ordinary people fight back against the injustice inflicted on them. I personally have no way of guaranteeing that, in Xie Yang’s case, there’s no relative or friend who won’t take excessive measures in his defense.
The right and wrong in this case is so clear that a four-year-old would understand! Perhaps in your heart you do understand, but you are bound by mutual interest with the relevant organs, have to do what they ask you to, and get rewarded for doing so, in the face of overwhelming public condemnation.
I heard that you don’t like to go online, so I’m going to ask one of your colleagues to share with you the reports from the three media mentioned above, accusing us of fabricating the torture, so you can watch them together and exercise your meticulous legal reasoning, of which I think you’re still capable. You can see for yourself how how the top-tier state media outlets of the country represent the twisted logic of the relevant departments handling the case; see for yourself the pure idiocy of it all; and realize how you are becoming part of this web of lies they’re weaving. You could still back away from this travesty, unless you believe that the sun can rise in the west if the people in power say so, and everyone else in China are deaf, dumb, and blind.
I’d like to think your actions thus far are a slip of judgment after a talk, or a drinking party, with certain people. But when it comes to Xie Yang’s case, we won’t let this happen. Please, think it over carefully.
Xie Yang’s wife, Chen Guiqiu
April 5, 2017
*He Xiaodian is the head of Hunan Gangwei Law Firm (湖南纲维律师事务所) in Changsha where Xie Yang was once an associate.
How Xie Yang’s Transcripts of Torture Came to Light: Lawyer Chen Jiangang Rebuts China’s Smear Campaign, Chen Jiangang, March 3, 2017.
Transcript of Interviews with Lawyer Xie Yang (2) – Sleep Deprivation, January 20, 2017.
‘I have decided to travel to Beijing, find out what is going on, and rescue my husband’: A Statement by Wife of Taiwanese NGO Worker Lee Ming-che
March 31, 2017
Taiwanese pro-democracy activist Lee Ming-che disappeared on March 19 after clearing immigration in Macau. China has confirmed that Lee is being investigated on suspicion of ‘pursuing activity harmful to national security.’ This is an unauthorized translation of his wife’s statement. — The Editors
Lee Ching-yu’s Press Release:
I’ve been a historian of Taiwan’s period of political violence, the “White Terror,” for many years. Now that my own my loved one is detained, terror grips my heart. I’ve tried so hard to calm myself, to carefully compose my thoughts. I know from the history of the White Terror in Taiwan that when a country’s system of rule of law hasn’t risen to international standards, all attempts to offer defenses according to the law are useless. We can only offer a defense of humanity and human rights — but the legal systems in such countries aren’t built upon universal conceptions of human rights.
It’s for this reason that I make this considered announcement: I am not going to hire a lawyer and thus engage in pointless legal wrangling.
All human rights workers, all those who bring hope to corners of the world that need human rights upheld, are innocent. It is precisely through the contributions of such individuals that human welfare and civilization grows.
My husband acted selflessly and with love for mankind, and I am full of confidence that everything he has done is worthy of the utmost respect.
I’ve decided to travel to Beijing, find out what is going on, and rescue my husband.
Lee Ming-che’s wife, Lee Ching-yu
March 31, 2017
Chen Yunfei, March 31, 2017
The Sichuan-based activist was arrested in April, 2015, for “picking quarrels and provoking trouble.” He was tried on December 26, 2016, a six-month delay from the scheduled trial in June. On March 30, the court sentenced him to four years in prison. He attended yesterday’s hearing in pajamas, and upon hearing his sentence, called out, “I will appeal; it’s much too light!” — The Editors
Dear lawyers and crooks of public security apparatus, procuratorate, and court,
I’ve been tormented for two years now, to the point that I’ve started to feel like the Monkey King (孙悟空) trapped in the searing flames of Lao Zi’s crucible — exceedingly comfortable. The persecution, the beatings, the shackling, have all turned into mathematical problems for me to solve. The harder they get, the more interesting it is, the more meaningful it feels to unravel them. I must once again give thanks to you crooks in the public security, the procuratorate, and the court systems — it’s you who made me what I am. I’m grateful to you for turning me into a brand ambassador for freedom of speech and opposition to violent tyranny! That sort of international renown has almost overwhelmed even my vaingloriousness, because I’m actually not that great or brave.
My case is pretty typical, actually. Anyone with an ounce of common sense and conscience knows that I’m innocent. You crooks, with your baseless accusations, are the ones flagrantly guilty of “picking quarrels and provoking trouble.” Everything I’ve ever said and done has been entirely within the framework of the law: lodging complaints against, exposing, and criticizing Zhou Yongkang (周永康), Li Chuncheng (李春城), and Li Kunxue (李昆学), all of them imposters and tyrants. There are only two possible reasons for the crooks in Chengdu city, Sichuan province, and the Central Politico-Legal Commission, to get involved in this sort of naked attack on a dissident: either they’re lackeys of Zhou and Li and they want to get in some payback, or else they’ve taken the political terror tactics of the Zhou Yongkang era — surveillance, threats, beatings, black jails, kidnappings — and are now plainly and flaglantry regularizing them.
Put another way, you crooks in the public security, the procuratorate, and the court systems are now even more poisonous, even more diseased than ever. In both the Zhou and post-Zhou eras, I used to earnestly, from my heart, tell those officials hanging about outside the jailhouse: “Before you is an endless abyss; behind you is the shore, a way out.” But they didn’t listen. Later, they themselves got investigated and jailed one after another: from Zhou Yongkang to Li Chuncheng, then to Li Kunxue. Netizens joked that I was able to put the hex on people.
Right now, given the present circumstances, everyone’s asking me to give a closing statement at the end of my trial. I can only say this: even if you crooks yank back the reins right now, you’re still going over the cliff, and the dictatorship with it. After Wen Qiang (文强, a top judicial official in Chongqing, executed by Bo Xilai and Wang Lijun) it was Wang Lijun (王立军); after Li Kunxue, who will it be? I pray once again: Lord, forgive me my sins (not the “sins” the crooks accused me of). I pray that you also forgive these crooks, for they know not what they do. This prayer is made in the name of Jesus, Son of the Heavenly Father.
Stated by: Chen ‘Criminal’ Yunfei (advanced amateur beast tamer)
Title: In the process of being upgraded
March 30, 2017
Tamer of Beasts, Tamer of Despots, Liao Yiwu, May 24, 2015
Translated from Chinese by China Change.
Yaxue Cao, March 28, 2017
When on March 1 Chinese media launched a sudden and all-out smear campaign claiming that the torture of human rights lawyer Xie Yang (谢阳) was a fabrication, and that Western media coverage of it was “fake news,” many of us wondered what this outburst was all about. A UN Human Rights Council meeting? The German Chancellor’s planned visit?
Now we know. On February 27, diplomatic missions in Beijing from 11 countries wrote a letter, expressing their “growing concern over recent claims of torture and other cruel, inhuman or degrading treatment or punishment in cases concerning detained human rights lawyers and other human rights defenders.” The letter also urged China to abandon the practice of secret detention known as “residential surveillance at a designated location” (RSDL). The 11 countries are: Australia, Canada, Japan, Switzerland, and seven European Union member nations: Belgium, the Czech Republic, Estonia, France, Germany, Sweden and the United Kingdom.
Looking back, one has to marvel at China’s response.
The Smear Campaign: A Lightning-Fast Mass Production
On March 1, two days after the 11-country letter was delivered, the smear campaign began. Global Times (《环球时报》) led the charge with the article “The Truth about ‘Xie Yang Torture’: It’s a Fabrication Catering to Western Media”. It was quickly reposted by other print media and on major news portals such as Sina, Tencent, Netease, China National Radio, China.com, etc. Lawyer Jiang Tianyong, who was disappeared on November 21 last year and subsequently placed under RSDL, was shown on camera “admitting” that he was involved in the fabrication of Xie Yang’s claim to have been tortured, and that Xie Yang’s defense lawyer (Chen Jiangang) supplied further embellishments.
On March 2, CCTV broadcast (on at least two channels) a segment titled “The investigation into the truth about Xie Yang’s torture – a concoction of storytelling and imagination”. A prosecutor from the Hunan Procuratorate claimed that a team of prosecutors conducted an investigation in mid-February and concluded that the torture allegations were not true. CCTV failed to show a single full page from the “report,” except for what appeared to be the final page signed by three names.
The same day, Legal Daily, Procuratorate Daily, Southern Metropolis Daily and other papers joined the chorus of attack: that Xie Yang’s torture is a lie that has been rebuked by an investigation by the Hunan Procuratorate. The official website of the Ministry of Public Security and the official website of the Supreme People’s Procuratorate served up the same articles.
Also on March 2, the Weibo account of the Communist Party Youth League posted a 4-minute video called “The Truth About Xie Yang Torture Hyped up by Overseas Anti-China Media” (China Change subtitled the video). In addition to repeating the same smears, it made cynical deployment of several one-liners from President Donald Trump to add a veneer of legitimacy to the attack.
On March 2, Phoenix Television, a pro-Beijing broadcaster, showed two segments repeating similar content to CCTV (here and here). These video segments were reposted by provincial public security Weibo accounts.
On March 2, Xinhua’s English news website has this story: “Investigation reveals fake ‘torture stories’ about lawyer Xie Yang.”
Implicating Lawyer Chen Jiangang and his Firm
First off, Jiang Tianyong’s two defense lawyers were shocked to see their client on national television. They promptly asked: We have been denied meeting with our client for months on grounds of national security — how could a CCTV reporter, a camera crew, and God knows who else trudge in and film him? They demanded an answer but have received none.
In mid-February, the Beijing Municipal Justice Bureau and the Chaoyang District Justice Bureau summoned the 38-year-old lawyer Chen Jiangang — one Xie Yang’s two defense lawyers and the author of the detailed torture transcripts published on January 19 — and berated him for disclosing case information and giving interviews to foreign media. He was told to keep his mouth shut.
Following the massive smear campaign on March 1 and 2, Chen Jiangang published a long article detailing his meetings with Xie Yang and how the transcripts came about, questioning the Hunan Procuratorate’s so-called “independent report.” On March 5, he sent a formal letter to Hunan prosecutors, but has heard nothing back to this day.
He also posted Xie Yang’s own statement on January 13 affirming the fact that he was tortured. Sensing that he too is in danger of being retaliated against, Chen posted a statement: “I take complete responsibility for every character in the two transcripts I made of the meetings with Xie Yang, as well as for any other transcripts that have not yet been made public.”
Meanwhile, he has received a flow of nonstop calls and messages from municipal and district justice bureaus. “You made big troubles for us,” he was told. “The Center is extremely furious.” The authorities, he learned, approached some of his former clients and attempted to get them to smear him – an indication that the retaliation campaign is well underway.
His law firm was “inspected” earlier last week and the principals were told that they needed to “tighten management.” It’s all about intimidation.
Since February 28 both defense lawyers have been unable to meet Xie Yang despite repeated requests.
Angry Foreign Ministry Spokeswoman Lashes Out
“China is always opposed to the efforts of any country to disrupt the normal case handling by Chinese judicial authorities at the excuse of human rights,” Hua Chunying, a spokeswoman for China’s foreign ministry, said on March 21, responding to the February 27 letter by 11 countries.
“You mentioned this expression of opinions by 11 missions in China. I believe this in itself is violating the spirit of rule of law. All sovereign states enjoy the independence of judicial affairs, and no country has the right to interfere with the independence of their judicial affairs,” Ms. Hua said in response to a question from The Globe and Mail.
The letter seems to have really rattled China and ruffled feathers in Beijing.
New Warning: ‘Be Aware, Diplomats!’
For Washington Post, the news on March 22 was that the United States abstained from signing the letter, conspicuously and inexplicably. Some suggested the omission was due to the still-unfilled senior positions and the chaotic nature of the transition, while others believed it was a decision most likely made by Rex Tillerson, the new Secretary of State.
The Chinese government apparently relished the fact that the United States didn’t participate. Global Times took a screenshot of the Post’s headline, though in their Chinese-language summary only drew attention to the U.S. absence, while neglecting the part about “lawyers” and “torture.”
They also had a field day co-opting Trump with images and soundbites like “very fake news” and “you’re fired!”
Global Times criticized western governments for inflating the number of lawyers who were subject to persecution, pointing out that the “Hunan People’s Procuratorate has issued a formal investigation report over allegations of ‘Xie Yang being tortured,’” and concluding that they are not true. It warned Western governments not to misjudge the Chinese judiciary due to “political bias.”
Is There An ‘Investigation’?
No, there isn’t. They know perfectly well that everything about Xie Yang’s reports of torture is true. The CCTV report on March 2 showed only half a page from the much vaunted Hunan Procuratorate investigation. Of the half page there is the title, the “Conclusion,” and in between nothing more than ellipses.
Lawyer Chen Jiangang lobbed a barrage of questions about this report, which I sample here:
- Why wasn’t Xie Yang’s defense counsel asked to join the investigation?
- Why haven’t you published the report? Publish the report!
- The torture was first reported in October 2016, but you didn’t “investigate” it until mid-February — what took you so long?
- How is it legal to place Xie Yang under ‘Residential Surveillance at a Designated Location’?
- Why not publish the surveillance video/audio recording of Xie Yang’s interrogation to prove, in the most straightforward manner, that there was no torture? By law, the authorities should have recorded every minute of it.
- The Xie Yang torture transcripts names scores of torturers. Why not ask them to state to the public that they didn’t torture Xie Yang?
- Why didn’t CCTV ask Xie Yang himself on camera whether he was tortured?
- Can you all come out and debate with me about your investigation?
What’s at Stake
China has to be seriously rattled to have launched such a furious and massive counterattack. It came right after the 11-country letter, but I suspect the letter was merely the last straw in a period of prolonged media coverage and governmental and NGO reaction to the torture revelations — not just of Xie Yang, but of Li Chunfu, and privately, of other 709 Incident detainees.
Indeed, we have yet to learn the whole extent of the 709 torture. In a letter to world leaders, four wives summarized what they had learned from talking to those who had been released and who have yet to speak out openly about their experiences in custody:
“Whether the internees were in good health or not, they were all made to take medication. ….The most they were forced to take was 20 pills per day, including barbiturates and antipsychotic drugs, along with other unidentified drugs. The victims were either forced to consume the drugs or tricked into doing so, and afterwards often felt dazed and stuporous.”
“….Prisoners were also put in cages submerged mostly in water, and left inside for seven days, the entire body underwater with a space to breath at the top. As they stood in the water and tried to sleep, rats would scurry about outside the cage, biting their nose and ears.”
Concurrent with the arbitrary detention and torture that began on July 9, 2015, China has been propagating a narrative where an evil force, led by the United States and its allies, is working to destabilize the world for its own gain: in Iraq, in Syria, over the South China Sea, and inside China. The establishment of THAAD in South Korea is also seen as a finger in China’s eye. One of the many videos Chinese authorities have disseminated on domestic websites included stealthy shots of U.S. embassy vehicles and personnel, and a French diplomat, during the first four 709 trials last August in front of a Tianjin court. All this was fitted to nefarious music and a sarcastic, hectoring voiceover. Human rights lawyers and defenders are depicted as agents of China’s subversion in a U.S.-led color revolution.
The revelations of the torture of Xie Yang were an extraordinary act of courage by both Xie Yang and his lawyer Chen Jiangang. The broader meaning of it was laid bare by they two lawyers during their long conversations at the No. 2 West Meeting Room at Changsha 2nd Detention Center. Chen related in a home recording on March 7:
“But Xie Yang refused to admit any guilt because he is innocent….. His thought was that he wanted to maintain the final dignity for Chinese lawyers as a whole. He also thought that right now a nationwide crackdown and persecution of human rights lawyers — and any lawyer who dares to resist the authorities — is taking place, and that he would spare no effort to fight his case and push back against the persecution. If they succeeded easily in Xie Yang’s case, they would unscrupulously harm and persecute other lawyers in the future. He was willing to use himself to ‘test the tiger.’ I’m not saying how wonderful he is. I know him too well, he has many flaws. But on this point, he said he wanted to use his own case to fight back and to prevent them from persecuting lawyers as a whole in the future.” [26’03”-27’36”; subtitled by China Change]
You too, diplomats and policymakers, have to hold your ground and push back. You must not be beaten off or scared away, or you will be crushed and overrun.
Bill of Indictment Against Human Rights Lawyer Xie Yang, January 11, 2017.
China Change, March 25, 2017
When one of the two defense lawyers for Pastor Yang Hua (仰华) of the Living Stone house church in Guiyang traveled to the Nanming District Detention Center (贵阳市南明区看守所) to meet their client on March 20, he was surprised to see Yang almost carried into the meeting room by three sturdy cellmates. Yang Hua’s face showed he was full of pain, seemingly on the verge of paralysis. The lawyer discovered that, three days previously, Yang’s legs suddenly became inflamed and ulcerated, and the festering was spreading fast, with the burning pain keeping him up at night. The physician on duty at the detention center treated it as nothing more than a superficial skin infection and administered painkillers. Yang’s condition has been rapidly deteriorating since.
On March 24, the lawyer again met with Yang Hua and found that earlier in the day he had been given a physical examination at the Guizhou Provincial People’s Hospital. Yang Hua also explained the following about his condition. In his words:
“On March 17, 2017, ulcers began to appear on my legs. I reported it to the detention center, but the staff said they had seen this many times before, and that it was nothing more than ‘impetigo’ [an infectious, superficial bacterial skin infection]. On March 18 the resident doctor gave me some medication. By March 19, after the festering had spread, I again requested that the detention center provide proper treatment, such as injections or an IV. On March 20 and 21, the physician on duty put me on an IV drip. The burning pain was so much at this point, however, that I couldn’t sleep for several nights. From around 3:30 to 4:00 a.m. on the 22nd, the agony was truly unbearable. I rang the alarm to report to the cadres on duty. Officer Luo, on watch that night, was furious at being disturbed and screamed some truly awful obscenities at me. No one else in the cell was able to sleep, so in the end the physician on duty gave me two painkillers. I haven’t been able to walk or go to the toilet by myself during this period.
“On the morning of March 22, the detention center brought me to the department of dermatology at the Guiyang Sixth Municipal Hospital for a physical inspection. The doctor diagnosed me with a form of allergic vasculitis [an inflammation of the blood vessels], and said that if no treatment could be found one outcome might be high-level amputation [i.e. above the knee]. He recommended high doses of penicillin for a fortnight. The detention center clinic, however, does not have penicillin.
“At 2:30 p.m. on March 22, the detention center gave me a blood test for HIV/AIDS. On March 23, I was again brought to a hospital designated by the authorities, this time the No. 368 People’s Armed Police Hospital, for a physical inspection. Five physicians were involved but couldn’t come to a final diagnosis. They did, however, recommend that I be taken to a regular hospital for treatment. They also indicated that the cost of treatment might be extremely high.
“That day I submitted a written request for hospital treatment, asking the detention center authorities to quickly arrange it. On the morning of March 24 I was brought to the Guizhou Provincial People’s Hospital to have a blood and urine test. Though they had the results that morning, the guards refused to inform me of them except to say that the HIV/AIDS test had come back negative.”
Yang Hua’s lawyers wrote to the Guiyang Procuratorate asking for a review of the continued necessity of detaining their client. Two prosecutors told one of the lawyers that Yang Hua’s case is highly “sensitive,” and they could only make a decision in consultation with the judge handling the case, as well as the Politico-legal Commission.
The lawyers believe that Yang Hua’s condition is urgent and serious and that he needs to be admitted to a hospital qualified to deliver appropriate treatment as soon as possible. Failing that, the relevant departments will have to assume responsibility for delaying treatment and thus exacerbating Yang Hua’s condition.
On March 24, Yang Hua’s wife Wang Hongwu (王洪雾) accompanied a lawyer for a visit, and happened to arrive just as Yang Hua was coming back from a test at the provincial hospital. It was the first time that husband and wife had seen each other one year and three months, after Yang Hua was detained in December, 2015. They were only able to exchange a few words before the police officers intervened. After Yang Hua and his lawyer met, the police asked the Pastor’s wife to accompany them to the No. 368 People’s Armed Police Hospital.
Yang Hua’s wife, in a letter to fellow parishioners calling for prayers on Yang Hua’s behalf, summarized what the chief physician told her: “The provincial hospital diagnosed it as ‘anaphylactoid purpura’ [a kind of blood vessel inflammation]. I saw that both of Yang Hua’s legs were covered in rashes and spots of necrosis. Around the shins on both legs, in particular, there’s a large area of necrosis and seeping wounds. The feet are swollen up to the ankles. The doctor said they’d use large doses of hormones and anti-inflammatory drugs to treat it. Because the illness came on so ferociously and rapidly — around a week — the hospital gave me a notice of severe illness and told me that Yang Hua might develop a range of other symptoms, including septicemia, hemorrhaging of the digestive tract, kidney damage, and more.”
Pastor Yang Hua (birth name Li Guozhi 李国志), who just turned 41 years old, was arrested on December 9, 2015, and was tried on December 26, 2016 on charges of “deliberately divulging state secrets” (故意泄露国家机密罪). The so-called “state secrets” in question referred to a circular about the establishment of the “Municipal Command Center for Dealing With the Living Stone Church According to the Law” (贵阳市依法处置贵阳活石教会指挥部). The notice said: “Dealing with the Living Stone church according to the law is a high-priority political task. Work unit leaders must personally grasp the issue, join the city’s overall deployments, and earnestly mobilize to carry the work out to completion.” Yang Hua was sentenced to 2.5 years imprisonment in January this year.
The Living Stone church of Guiyang is an emerging urban house church that grew rapidly beginning in 2008. It has been subject to constant suppression and surveillance by the authorities. Zhang Xiuhong (张秀红), the chairman of the Board of Deacons and church accountant, was arrested in July 2015 and, after being detained for an extended period without trial, was sentenced to five years imprisonment in February 2017. The charges against her, of supposedly “illegal business operations,” were completely absent any criminal conduct.
At the same time Yang Hua was arrested, the authorities announced that the Living Stone church was banned. The 600 square meter office space, on the 24th floor of a new office building in downtown Guiyang, that it used as its place of congregation was sealed and guarded by security personnel hired by the local authorities.
The authorities persist in their claim that the suppression of the church is nothing more than a criminal matter and is thus not a case of religious persecution. But as the Procuratorate revealed to the lawyers, the Living Stone case is “sensitive,” and they would need to consult the Communist Party’s Politico-legal Commission about how they handled it.
The Shepherds of Living Stone Church, Yaxue Cao, December 25, 2017
Living Stone: A Portrait of a House Church in China, Yaxue Cao, December 21, 2015