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Announcement Regarding the Annual ‘China Human Rights Lawyers Day’ Event

June 24, 2018

 

China human rights lawyers day

 

China’s community of human rights lawyers have made enormous sacrifices to defend the rights and freedoms of citizens and promote China’s progress toward the rule-of-law and democracy. As representatives of China’s wider community of lawyers, human rights lawyers have, since the beginning of the rights defense movement in early 2000s, been the constant target of severe government repression. This has included, without letup, cancellation of legal licenses, being stalked, being threatened, being publicly defamed, being kidnapped, being secretly disappeared, and being subject to forced labor, long-term incarceration, or torture.

On July 9, 2017, marking the second anniversary of the Communist Party’s most brutal persecution of human rights lawyers with the ‘709 incident,’ 14 human rights organizations held an ‘Inaugural China Human Rights Lawyers’ Day’ in Washington, D.C. Through speeches, a photographic exhibition, a documentary, a march, and a live broadcast online, we showed to the world the bearing and courage of China’s rights defense lawyers, and brought their plight and peril to the attention to the wider world.

A year has passed, and Zhou Shifeng (周世鋒), Jiang Tianyong (江天勇), Tang Jingling (唐荊陵), Xia Lin (夏霖), and others are still imprisoned. Yu Wensheng (余文生) and Li Yuhan (李昱函), among others, have been newly arrested and jailed. Wang Quanzhang (王全璋) remains disappeared, with no news of his whereabouts or condition for three years now. Gao Zhisheng (高智晟) has once again been disappeared, now for 11 months. Over 20 lawyers have had their licenses cancelled or face disbarment. Tragically, two outstanding rights defense lawyers, Li Subin (李蘇濱) and Li Baiguang (李柏光), have left us forever.

The persecution continues, and human rights defenders continue to hold their ground and resist. This year we hold in New York a second ‘China Human Rights Lawyers’ Day,’ and also to establish a ‘709 Rights Defense Lawyer Award.’ The date of July 9 now symbolizes the glorious and thorny road that China’s human rights lawyers walk. Every July 9, we — coming from around the world, including Chinese rights defenders and those who care deeply about the struggle for a free and democratic China — will mark ‘China Human Rights Lawyers’ Day’ and support one other through this dark time.

We firmly believe that one day in the future we will be marking the occasion of July 9 in a free China with the rule of law.

Time: July 8, 2018     2:00 p.m. to 4:30 p.m. EDT
Location: Bateman Room, Fordham Law School (2nd floor of 150 West 62nd,New York)
Hashtags:  #中國人權律師節 or #709lawyers on social media

Sponsors 

Humanitarian China (U.S.A)
China Change (U.S.A)
China Human Rights Lawyers Concern Group (Hong Kong)
Taiwan Support China Human Rights Lawyers Network (Taiwan)
Committee to Support Chinese Lawyers(U.S.A)
Chinese Democracy Education Foundation (U.S.A)
Dialogue China (U.S.A)
ChinaAid  (U.S.A)
Taiwan Association for China Human Rights (Taiwan)
Human Rights Law Foundation (U.S.A)
New School for Democracy (Hong Kong)
Visual Artists Guild (U.S.A)
China Anti-Torture Alliance (US/China)
Institute for China’s Democratic Transition (U.S.A)
Uyghur Human Rights Project (U.S.A)
China Strategic Analysis Center (U.S.A)
Monitoring Committee on Attacks on Lawyers/
International Association of People’s Lawyers (IAPL) (France)
Safeguard Defenders (Hong Kong)
Students for a Free Tibet (U.S.A)
Jacob Blaustein Institute for the Advancement of Human Rights (JBI)

Special Thanks

Alexandre (艾飞力) Law Firm (NYC)
Law Office of Yujian Zhang, P.C. (NYC)

Advisors

Jerome Cohen (孔傑榮), law professor and faculty director of U.S.-Asia Law Institute, New York University.
Andrew Nathan (黎安友), Class of 1919 Professor of Political Science at Columbia University.
Albert Ho (何俊仁), solicitor, chairman of China Human Rights Lawyers Concern Group, current chairman of the Hong Kong Alliance in Support of Patriotic Democratic Movements in China.
Martin Flaherty, Leitner Family Professor, Co-Director of Leitner Center for International Law and Justice.
Terry Halliday, Research Professor at the American Bar Foundation.
Rob Precht, Founder & President of Justice Labs.
Felice Gaer, Vice-Chairperson of the Committee against Torture, UCLA professor.

Contacts

Teng Biao, tengbiao89@gmail.com
Yaxue Cao, yaxuecao@gmail.com
Zhou Fengsuo, fzhou89@gmail.com

 

 


關於舉辦第二屆“中國人權律師節”活動的通告

 

中國人權律師群體,為捍衛公民自由和人權,為推動中國走向法治和民主,付出了艱苦的努力。作為中國律師群體的優秀代表,人權律師從維權運動之初開始,就一直受到中國政府的各種嚴厲打壓:吊銷律師證、跟蹤、威脅、公開汙名化、綁架、秘密失蹤、勞教、長期監禁和酷刑,無日無之。

2017年7月9日,在中共殘酷鎮壓人權律師的“709事件”兩周年之際,我們十四家人權機構在華盛頓舉辦了“首屆中國人權律師節”,通過演講、圖片展、紀錄片、網路連線、現場直播、遊行示威等方式,向世界展示中中國人權律師的勇氣和風采;關注他們的困境和危難;並譴責中國當局迫害律師的暴行。

一年過去了,周世鋒、江天勇、唐荊陵、夏霖等律師仍在獄中;余文生、李昱函等律師被捕入獄;王全璋仍然失蹤,毫無消息已經接近三年;高智晟律師再次失蹤,至今已經11個月;超過20名人權律師已經被吊銷或者面臨被吊銷律師證。令人悲痛的是,兩位優秀的人權律師李蘇濱、李柏光永遠地離開了我們。迫害仍在繼續,人權勇士們仍在堅守和抗爭。我們決定舉辦第二屆“中國人權律師節”,並將設立、評選和頒發“709人權律師獎”。

7月9日象徵著中國人權律師走過的光榮的荊棘路。每年的7月9日,我們,來自世界各地包括中國的人權捍衛者和關注中國自由民主的人們,將約定以各種方式舉辦“中國人權律師節”,在黑暗中守望相助;我們堅信,在未來的某個7月9日,我們將在一個憲政法治、自由民主的中國,慶祝這個不僅僅屬於人權律師、也將屬於全體中國律師的節日。

【時間】2017年7月8日 美東時間下午2:00-4:30

【地點】Bateman Room, Fordham Law School (2nd floor of 150 West 62nd,New York)

【社交媒體標籤】 #中國人權律師節 #709lawyers

【主辦】

人道中國(美國)
China Change (美國)
中國維權律師關注組(香港)
臺灣支援中國人權律師網路(臺灣)
聲援中國律師委員會(美國)
中國民主教育基金會(美國)
對話中國(美國)
對華援助協會(美國)
臺灣關懷中國人權聯盟(臺灣)
國際人民律師協會-受迫害律師觀察委員會(法國)
人權法基金會(美國)
華人民主書院(香港)
視覺藝術家協會(美國)
中國反酷刑聯盟(美國/中國)
中國民主轉型研究所(美國)
維吾爾人權項目(美國)
中國戰略分析智庫(美國)
国际人民律师协会(法国)
保护卫士(香港)
自由西藏學生運動 (美國)

【特別鳴謝】

Alexandre Law Firm
Law Office of Yujian Zhang, P.C.

【中國人權律師節顧問委員會成員】

孔傑榮/Jerome Cohen(紐約大學法學院教授,亞美法研究所主任)
黎安友/Andrew Nathan(哥倫比亞大學政治系教授、東亞研究所主任)
何俊仁(中國維權律師關注組主席,香港支聯會主席)
Martin Flaherty(福特海姆大學法學院教授,紐約律師協會人權委員會主任)
Terry Halliday(美國律師基金會教授)
Rob Precht(Justice Labs創辦人及主席)

【联絡人】

滕  彪 Email:tengbiao89@gmail.com
曹雅學 Email:yaxuecao@gmail.com
周鋒鎖 Email:  fzhou89@gmail.com

 

 

 

 

The Might of an Ant: the Story of Lawyer Li Baiguang (2 of 2)

Yaxue Cao, March 21, 2018

Continued from The Might of an Ant: the Story of Lawyer Li Baiguang (1 of 2)

 

Li Baiguang 2005, 与刘晓波等自由知识分子、维权律师一起

Front row from left: Chen Yongmiao (陈永苗), Li Baiguang (李柏光), Fan Yafeng (范亚峰), Guo Feixiong (郭飞雄), Gao Zhisheng (高智晟); back fron from left: Teng Biao (滕彪), Pu Zhiqiang (浦志强), Wang Yi (王怡), Mo Shaoping (莫少平), Liu Xiaobo (刘晓波), Yu Meisun (俞梅荪), and Wang Guangze (王光泽). 2005.

 

Rights Movement Spread All Over the Country

By 2004, Zhao Yan and Li Baiguang were under constant threat. Fuzhou police told the village deputies that Zhao and Li were criminals, and demanded that the deputies expose the two. The Fujian municipal government also dispatched a special investigation team to the hometowns of Li and Zhao to look into their family backgrounds. A public security official in Fu’an said: “Don’t you worry that Zhao and Li are still on the lam — that’s because it’s not time for their date with the devil just yet. Just wait till that day comes: we’ll grab them, put them in pig traps, and toss them into the ocean to feed the sharks!”

On September 17, 2004, Zhao Yan was arrested by over 20 state security agents while at a Pizza Hut in Shanghai. At that point he had already left the China Reform magazine and was working as a research assistant in the Beijing office of The New York Times. He was accused of leaking state secrets, denied a lawyer for several months, and eventually sentenced to three years on charges of fraud.

On December 14, 2004, Li Baiguang and three lawyers, while on their way to Fu’an to handle a rights defense case that was likely a trap, were hemmed in by police vehicles and arrested. Li was accused of illegally providing legal services, because he did not possess a law license. On the evening of December 21, a dozen police officers from Fu’an broke into Li’s apartment in Beijing, pried open his cabinets, and confiscated his hard drives and documents related to dismissing officials.

Thanks to the efforts of his friend Yu Meisun and a host of liberal intellectuals and journalists, Li Baiguang was released on bail after 37 days in custody. December to January are the coldest months of the year in Fujian, and there was no heating. In a cell with dozens of people, Li Baiguang recalled later, “I wore a suit, and it was cold. As a form of punishment, they told the cell boss to make me bathe in freezing seawater every day. I lost a lot of hair, and lost so much weight that my cheekbones protruded. When I came out my nephew hardly recognized me.”

The removal of officials between 2003 and 2004 was one of the key campaigns that initiated the rights defense movement, and one of the largest-scale rights defense activities in China. Around the same time, rights defense initiatives took place. During the Sun Zhigang (孙志刚) Incident in March 2003, three Peking University law PhDs, Xu Zhiyong (许志永), Yu Jiang (俞江) and Teng Biao (腾彪) wrote a letter to the National People’s Congress, demanding that they conduct a constitutional review of the law “Administrative Measures for Assisting Vagrants and Beggars with No Means of Support in Cities” (《城市流浪乞讨人员收容遣送办法》). He Weifang (贺卫方), Xiao Han (萧瀚), He Haibo (何海波), and two other well-known legal scholars demanded that the NPC conduct an investigation into how the ‘administrative measures,’ commonly known as ‘custody and repatriation,’ were actually being implemented. Gao Zhisheng began defending Falun Gong practitioners in court, demanded that the government respect freedom of belief, and called for the torture against practitioners to cease. Numerous other lawyers and legal scholars also began taking up human rights defense cases, bringing them to public consciousness. Other notable cases of the period included the defence of Hebei private entrepreneur Sun Dawu (孙大午), who was accused of ‘illegal fundraising’; the case of injured investors in the Shanbei oil fields; the case of Christian Cai Zhuohua (蔡卓华) who was arrested for printing the Bible; the Southern Metropolis Daily editor and manager Cheng Yizhong (程益中) and Yu Huafeng (喻华峰) who were punished for reporting on the Sun Zhigang case and broke the news of SARS; the ‘Three Servants’ religious case that involved hundreds of believers; the libel case against the authors of the Survey of Chinese Peasants (《中国农民调查》), and other incidents.

In fall of 2003 Xu Zhiyong, Teng Biao, and Zhang Xingshui (张星水) founded the organization Sunshine Constitutionalism (阳光宪政) in Beijing, later changing its name to the Open Constitution Initiative (公盟). Gongmeng, as it’s often known per the Chinese title, became a hub — and incubator — for human rights lawyers and legal activists. They held a meeting nearly every week, and Li Baiguang was one of the regular participants.

In the winter of 2003 there was an upsurge in the participation of independent candidates in People’s Representative elections in Beijing, and a number of these candidates were successful.

Many independent NGOs focused on environmental protection, AIDS control and prevention, women’s rights, and disabled rights, had sprung up in Beijing and other cities. They used the law and advocacy to propagate rights awareness.

 

Li Baiguang, Taishi village

In Taishi village in Guangdong, Guo Feixiong assisted the villagers’ effort to village head for embezzlement of public fund.

 

Entering 2005, the dismissal of officials in Taishi Village (太石村), Guangdong Province, as well as the Linyi Family Planning Case in Shandong (临沂计生案), became public events involving lawyers, public intellectuals, and citizen activists from around the country.

At the end of 2005, Hong Kong’s Asia Weekly magazine highlighted 14 human rights lawyers and legal scholars, including Li Baiguang, as 2005 People of the Year.[1] It said that “these 14 rights defense lawyers aren’t afraid of power; they wield the constitution as a weapon, harness the power of the internet, and work to defend the rights of the 1.3 billion Chinese people granted in their own constitution, while pushing for the establishment of democracy and rule of law in China.” In the ensuing years, with the exception of one or two, these 14 lawyers and scholars would be arrested, tortured, disappeared, disbarred, or forced into exile. Still, the grassroots rights defense movement they helped to kick off would continue to expand, and gain new energy in the age of social media. We shall not elaborate on that here.

‘Turning into an Ant’

In late July 1999, after publishing Samuel Smiles’ “The Huguenots in France” (issued under the Chinese title “The Power of of Faith” 《信仰的力量》) , Li Baiguang went to a church in the Haidian district of Beijing, bought a copy of the Bible, and began to read it. In January 2005 after he was released from prison, he began attending the Ark Church in Beijing (北京方舟教会) to study the Bible and pray. The Ark Church was a meeting place for many dissidents, rights lawyers, Tiananmen massacre victims, and petitioners — and for this reason the house church suffered regular harassment by the police. On July 30, 2005, Li was baptized in a reservoir in Huairou (怀柔), Beijing. He loudly proclaimed his witness, telling of the several times in his life when he brushed shoulders with death. He spoke of the time that an inner voice told him to stop, as he was considering plunging to his death from a building at university. He told of the catastrophes he escaped in 1998, 2001, and then in 2004. He spoke of the cumulative impact that Samuel Smiles’ books had on him, and, finally, he expressed his gratitude to Jesus.

He began to tremble violently as he read, and only after the baptism was complete and he had sat down a while did it subside.

 

Li Baiguang, 2005, 受洗前宣读《爱的见证》

Li Baiguang read aloud his testimony before being baptised in July 2005.

 

For Li Baiguang, the freedom of the mind and soul and political freedom are simply two sides of the same coin. In 2000, while translating Smiles, Li wrote an essay titled “The Fountainhead of Modern Freedom is the Freedom of Individual Conscience” (《现代自由的源头是个体的良心自由》). He came to believe that only faith can shape and form conscience, and further, that the emergence of individual conscience is the origin and basis of freedom. This also makes it the source of the courage and motivation to fight for freedom and against despotism. He doesn’t believe that the widespread failure of Chinese to distinguish right and wrong, and the country’s moral decay, can be laid entirely at the feet of the Communist Party’s dictatorship.

In April 2006, in a session of “The Middle Forum” (《中道论坛》) with Fan Yafeng, Chen Yongmiao (陈永苗), and Qiu Feng (秋风), Li said he was tired of liberal intellectuals’ decades-long discussions of grand themes like constitutional governance, reform, and future China. He described his own turning point of involvement in actual, real life rights defense work. Of the eight years between 1997 and 2005, he said, he too spent the first five focused on all sorts of macro abstractions. “Recently I’ve had a realization: I’m willing to become an ant. I want to take the rights and freedoms in the books and, through case after case, bring them into the real world bit by bit. This is my personal stance. The path to this is legal procedure. In summer, the ant gathers food. Today, I’m also transporting food under the framework of rights defense, and in doing so accumulating experience and results for the arrival of the day of constitutional government.”

“According to the principles of political mechanics, it’s impossible to change minds overnight in such a large system. All you can do is loosen the screws one by one and turn the soil over clump by clump,” he said. Li held high hopes in the future of the nascent rights defense movement, and the gradual dismantling of autocracy from the margins. He thought that the rights defense movement would be crucial to China’s future establishment of a constitutional democracy.

This was the first time he proposed the ‘ant’ idea. In the years afterward, this is how he characterized his work and it became very familiar to his friends.

In May 2005, the Midland, Texas-based NGO China Aid, as well as the Institute on Chinese Law & Religion[2], invited seven Chinese rights lawyers and legal scholars to join a “China Freedom Summit.” Among those invited, Gao Zhisheng, Fan Yafeng, and Zhang Xingshui were blocked from leaving China; Li Baiguang, Wang Yi, Yu Jie, and Guo Feixiong were able to make it to the United States. Li Baiguang delivered a speech at the Hudson Institute titled “The Legal Dimensions of Religious Freedom: Reality and Prospects in China.” It proposed a systematic approach for defending religious freedom according to the law in China, and included the following actions:

  • Submit an application to the Standing Committee of the National People’s Congress for constitutional review of laws, regulations and policies related to freedom of religious belief, and demand the annulment of unconstitutional laws that infringe upon religious freedom;
  • Apply for religious services for prisoners in detention centres, prisons, and re-education camps in China who believe in God, or have come to believe while in detention, and send the gospel of Jesus Christ to all of the above detention facilities;
  • Provide relief to Christians whose religious freedom has been infringed upon by agents of the state;
  • Provide restitution to Christians who have had their persons or their residences illegally searched by agents of the state;
  • Provide restitution to Christians who are being subjected to re-education through forced labor;
  • Provide restitution to Christians or Christian organizations who have been punished with large fines;
  • Provide restitution for those who have been harmed by the dereliction of duty of state organs.

On May 8, while at the Midland office of China Aid for one week of Bible study, the group learned that they would be granted a meeting with President Bush in the White House. On the morning of May 11, President Bush met with Yu Jie, Wang Yi, Li Baiguang, China Aid director Bob Fu, and Institute on Chinese Law & Religion director Deborah Fikes, in the Yellow Oval Room.

Li Baiguang, Bush meetingLi Baiguang presented President Bush with a gift — a copy of a proposal to make a documentary titled  “American Civilization.” It was exquisitely designed by the artist Meng Huang (孟煌). In 2003, Li and his intellectual friends in Beijing designed together two major documentary projects. One of them was a 30-episode series that would introduce the democratic experience in 30 countries. Another, “American Civilization,” would be a 100-episode documentary series that would provide Chinese people a comprehensive introduction to the establishment of America, including its political life, its judicial system, education system, and religious beliefs. “I want to make it a television special for the education of the public,” Li said. He established the Beijing Qimin Research Center (北京启民研究中心) to push the plans forward, but in the end the two ambitious projects were aborted.

The three Christians from China being received by President Bush was, at the time, a major news story. But for the ten years following, the meeting with the U.S. President was remembered more for a controversy that surrounded it: the so-called “rejecting Guo incident.” This is a reference to the fact that Guo Feixiong was excluded from the meeting, purportedly by Yu Jie and Wang Yi, who argued that the meeting was for Christians only and Guo should not attend because he was not a Christian. Later, Li Baiguang expressed his regret that this had taken place. He told rights defense lawyer Tang Jitian (唐吉田) that if it didn’t occur, along with the enormous acrimony around it, the different groups in Chinese civil society might have been more unified and stronger.

Also during this trip to the U.S., Li was invited by Bob Fu to be China Aid’s legal consultant. When Li returned to China, he said in a 2010 interview, apart from his regular rights defense work, he “traveled across the country to provide legal support to persecuted house churches.” Li partnered with China Aid in this fashion until his death.

During that same period, Li sat the bar, passed, and became a lawyer. In December 2007 he hung his shingle with the Common Trust Law Firm (共信律师事务所) in Weigongcun, near Peking University.

In June 2008, Li and six other Chinese dissidents and rights lawyers were awarded the National Endowment for Democracy’s Democracy Award.

Law Career

Li Baiguang was among the 303 initial signatories of Charter 08. But after that point he gradually retired from the media and public spotlight. “Although the substance of my rights defense work has not changed,” he said in the 2010 interview, “my methods are more low-key and moderate than before. I no longer write articles attacking and castigating the authorities; all I want to do now is actually see implemented the laws that they themselves wrote, and win for victims the rights and freedoms that they should enjoy.”

Li Baiguang, 阅卷

Reading case files with colleagues in Fuzhou, 2017.

Over the following years Li, as a lawyer, left his footprints in every Chinese province except Tibet, acting as defense counsel in several hundred cases of persecuted Christians. The cases he was involved in include: the Shanghai Wanbang Church in 2009 (上海万邦教会), petitioning for Uighur church leader Alimjan Yimiti (阿里木江) in 2009, the 2010 Guangzhou Liangren Church case (广州良人教会), the 2010 Shuozhou Church case in Shanxi (山西朔州), the 2012 Pingdingshan Church case in Henan  (河南平顶山) , the 2014 Nanle case (南乐), and the Cao Sanqiang (曹三强) case in 2017, among others.

As for the result of defending house churches, Li Baiguang summed it up in 2010 as follows: “If we look at the outcome of the administrative review of every rights case, the judgment has ruled against the church almost without exception. But later, I found a very strange phenomenon: after the conflict dies down, looking back a year later, we find that the local public security and religious bureaus no longer dare storm and raid these house churches, and congregants can meet freely. Using the law as a weapon to defend religious freedom works. Where we’ve fought cases, churches and religious activities in the area have since been little disrupted.”

Li Baiguang_Photo_手拿材料During the same period, Li also defended numerous dissidents, rights lawyers, activists, petitioners, and peasants entangled in compensation disputes. These include Guo Feixiong’s appeal in 2009, the Zhu Yufu (朱虞夫) case in 2011, the lawsuit filed against the government in 2013 by Wang Xiuying (王秀英) for being sent to re-education through forced labor during the Olympic Games, the defense of lawyers Zhang Kai (张凯) and Liu Peng (刘鹏) in 2015, as well as the defense of 709 lawyer Xie Yanyi (谢燕益) in 2015, the mass arrest in Wuxi on April 16, 2016, the commemoration of the June 4 massacre by seven citizens in 2016, the mass arrests in Fuzhou as well as Suzhou during the G20 in 2016, and the defense of lawyer Li Yuhan (李昱函) in 2017.

While he was engaged in all this, Li also held rights defense training sessions for house churches around China. According to Bob Fu, director of China Aid, over the last roughly ten years, Li has trained several thousands people; the most recent was in January 2018 in Henan — conducted while he was lying on his back after he injured his leg, as church leaders from the local district gathered around to hear him discuss how they should defend their rights according to the law.

 

Li Baiguang, Urgent Action training session

Training barefoot lawyers.

 

Between 2011 and 2013, Li taught in a number of training sessions for “barefoot lawyers” under the aegis of the “Chinese Urgent Action Working Group” (中国维权紧急援助组). In 2016 he also helped with a workshop for independent candidates for People’s Deputies elections. The Chinese Urgent Action Working Group is an NGO founded by the Swede Peter Dahlins, American Michael Caster, and rights lawyer Wang Quanzhang in 2009, offering legal training to rights defense lawyers and funding cases.

Li was extremely dedicated and hardworking, according to Dahlins. He focused on details, followed guidelines, and was always a long term thinker. Dahlins often joked with Michael Caster that Li Baiguang, who had met presidents and prime ministers, dressed and looked like a peasant.

Li also took part, with other human rights lawyers and activists, in trainings on the United Nations’ human rights mechanisms in Geneva under the aegis of Chinese Human Rights Defenders (维权网), an NGO that promotes human rights and rule of law in China.

Li Baiguang, 得撒豆腐村In around 2009, the 40-year-old Li, who had been single his whole life, married his former college friend Xu Hanmei (徐寒梅). In around 2010 they moved to Jurong (句容), a small city near Nanjing in Jiangsu Province, and settled down in a village called Desadoufu (得撒豆腐村). The name Desa comes from the Hebrew “Tirzah,” a Canaanite town mentioned in the Old Testament; the village, originally known for its stone mills used to grind soybeans for tofu, got its name from a church established by Western missionaries. It’s since become a tourist attraction for its pseudo-classical building complexes meant to recall the past.

Most residents in the town are Christians, Li Baiguang told friends. The community built its own kindergarten and elementary school, vegetable gardens, and sports pitch. “I felt like they built their own little Shangri-La,” Yang Zili said.

The Jianxi Church (涧西教会) that Li was associated with is the largest in the area, with around 200 stable congregants, most of whom were like Li: well-educated, having moved permanently to the village from elsewhere in China. For weekend church service, parishioners and catechumen (gradual converts) came from Zhejiang, Shanghai, Anhui and elsewhere, packing the church to the rafters. For these reasons, the church came to be watched closely by local religious affairs officials.

‘The night is nearly over; the day is almost here’

Li Baiguang was not part of any of the public incidents that have been brought to national attention by activists and netizens since 2008. In the mass arrests during the Jasmine Revolution of 2011, Li was not among them. When the New Citizens Movement became active between 2012 and 2013 and activists held regular dinner events, Li did not get involved. He wasn’t even part of the Chinese Human Rights Lawyers Group (人权律师团), founded in 2013. The 709 mass arrests of human rights lawyers didn’t implicate him, though for a while he signed up for being a defense counsel for 709 detainee lawyer Xie Yanyi. Numerous human rights lawyers have been barred from leaving the country; Li, on the other hand, traveled back and forth to America at will from 2006 to 2018.

Even when he was given trouble by police and state security, he did his best not to go public with it.

Per his own assessment in 2010, the authorities were “tolerating me to a much greater degree.” But his state of hypervigilance tells another story. A friend, Zheng Leguo (郑乐国), said that whenever he was with Li Baiguang in public places, Li would quickly scan his eyes over everyone in the vicinity to detect anything out of order. He was extremely careful about what he ate. When they ate at McDonalds, Li chose a table near the door,  that way he could see people coming in and going out, and he could also escape at a moment’s notice if need be.

For Li Baiguang, 2017 was a disturbing year.

In January, he traveled to Washington, D.C. for the 15th anniversary of China Aid held at the Library of Congress. It was an invitation only event. During his remarks, Li said that apart from the suppression of civil society and human rights lawyers, attacks against house churches were also getting more severe. “From this point forward, human rights in China will enter its darkest period.” He added that rights defenders in China would use their God-given wisdom and intelligence to promote human rights, democracy, and the rule of law; he also called on the international community and NGOs to do what they could to help. “The night is nearly over; the day is almost here,” he said, citing Romans 13.

Li Baiguang_China Aid 15th Anniversary

Li spoke at the 15th anniversary of China Aid in January, 2017.

Li’s remarks were somehow leaked, according to Bob Fu, and reached the Chinese authorities — when Li returned home was treated “with severity.”

On October 17, 2017, a case Li was defending, involving seafood farmers in Wenling, Zhejiang, suing the government for malfeasance, went to trial. In the evening as Li was returning to his hotel, he was abducted by a dozen unidentified men. They took him to a forest and worked him over. They slammed their fists into his head and ordered him to leave the city by 10:00 a.m. the next morning, or else they would decapitate him and cut off his hands and feet. “When he mentioned that kidnapping,” Bob Fu said, “it was the most frightened I had seen him. The incident shook him badly.”

Another case Li took on in 2017 involved the apparent murder of a certain Pastor Han, of Korean ethnicity, in Jilin, northeastern China. Han was a pastor in the Three-Self Patriotic Movement who provided aid to North Korean refugees, and encouraged them to return to North Korea and spread the Gospel. It appeared that he was assassinated by North Korean operatives.

Towards the end of the year, Li met with the Beijing-based AFP journalist Joanna Chiu. After they met in a Starbucks, Li led her out into a small alley, across the street, and into another coffeeshop in order to avoid surveillance. He told Ms. Chiu how he’d been beaten, and also the suspicious death of the pastor.

In early February 2018, Li was invited to the National Prayer Breakfast, an annual event dedicated to the discussion of religion in public life, attended by thousands, including the U.S. president, policymakers, and religious and business leaders. Bob Fu, in an interview with VOA after Li’s death, said that when Li was in the U.S. from February 5-11, the pastor of Jianxi Church was questioned about the whereabouts of Li and what he was doing in the United States. After he got back to China, he spoke with Fu twice, explaining that he was being investigated, and that danger felt imminent.

At 3:00 a.m. on February 26, 2018, Li Baiguang died in the Nanjing No. 81 PLA Hospital. In response to the widespread shock and suspicion, his family announced that he had died of late-stage liver cancer.

Coda

The death of Li Baiguang, like the death of Liu Xiaobo seven months ago, brings with it a momentous sense of ending. The PRC’s neo-totalitarian state grows more complete by the day; the discourse of political reform represented by Charter 08, and the rule-of-law trajectory sought by the rights defense movement, have hit a wall. Neither have room to expand. One by one, little by little, opportunities for further progress have been sealed and nixed. Truly, a ‘new era’ in China has begun.

The night is long; the worst is yet to come. Li Baiguang has died, like Liu Xiaobo, like Yang Tianshui, like Cao Shunli and all those who have fallen in the dark, but they live on; they are sparks of fire in the journey through night.

 

[1] They are Xu Zhiyong, Gao Zhisheng, Teng Biao, Pu Zhiqiang, Mo Shaoping, Li Baiguang, Zheng Enchong, Guo Feixiong, Li Heping, Fan Yafeng, Zhang Xingshui, Chen Guangcheng, and Zhu Jiuhu (许志永、高智晟、滕彪、浦志强、莫少平、李柏光、郑恩宠、郭飞雄、郭国汀、李和平、范亚峰、张星水、陈光诚以及朱久虎).

[2]  The Institute on Chinese Law & Religion was registered in Washington, DC. It is now inactive.

 

Yaxue Cao edits this website. Follow her on Twitter @yaxuecao

 

Read it in Chinese 《蚂蚁的力量:纪念李柏光律师》

 

 

 

 

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

Li Heping, Ai Weiwei, August 21, 2016

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

 

Li Heping screen shot

 

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

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

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

The Yang Zili Case and the Northern Shaanxi Oilfield Case

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

许志永采访_05年陕西_武警

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

 

The ‘Dongyang, Huashui’ Case

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

The Chen Guangcheng Case

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

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

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

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

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

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

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

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

The “Three Grades of Servants” Case

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

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

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

AI WEIWEI: Where did this case take place?

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

AI WEIWEI: Why?

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

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

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

2007 Kidnapping and Beating

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

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

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

AI WEIWEI: Did you know any of their names?

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

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

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

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

I said: “Yes.”

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

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

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

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

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

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

AI WEIWEI: What kind of room was it?

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

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

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

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

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

AI WEIWEI: You collapsed?

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

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

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

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

LI HEPING: I have no idea.

AI WEIWEI: Were there any other conversations?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

AI WEIWEI: Were you poor?

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

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

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

AI WEIWEI: What kind of a person was he?

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

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

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

AI WEIWEI: What time did you get home?

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

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

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

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

AI WEIWEI: How do you know for sure?

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

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

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

Only Institutional Protections Can Prevent Torture

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Citizens’ On-the-Scene Support and Social Media

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

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

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

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

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

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

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

Religion

AI WEIWEI: What religion are you?

LI HEPING: I’m a Christian.

AI WEIWEI: Are you devout?

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

AI WEIWEI: When did you start being religious?

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

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

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

AI WEIWEI: That must have frightened them, no?

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

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

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

China Is a Foxcomm Regime

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

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

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

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

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

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

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

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

AI WEIWEI: Are you worried for this country?

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

AI WEIWEI: How old are you?

LI HEPING: Forty.

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

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

AI WEIWEI: You’re a real optimist!

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

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

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

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

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

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

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

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

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

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

Passerby: Excuse me, what are you filming here?

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

Passerby: What do you mean, “private”?

AI WEIWEI: It’s for my personal use.

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

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

Passerby: Did you contact anyone before doing this?

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

Passerby: But this . . . individuals?

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

 

[The End]

 

 

Gao Zhisheng on China’s Persecution of Rights Lawyers

Gao Zhisheng, July 14, 2015

 

Gao Zhisheng, AP

A recent photo of Gao Zhisheng. Credit: AP

 

The legal profession is weak under the tyrannical Chinese Communist Party, yet there has been no lack of individual lawyers who stick to the law and principles. Because of their profession, lawyers witness or experience countless incidents of injustice or suppression bred by the cruel system itself. As the saying goes, the great waves sift the sand. In the face of this injustice and suppression, most lawyers simply try to get on with their lives. Some, acting as puppets, even join forces with the tyrants for selfish gains. But there is one group who instead have developed the towering wish to change the fate of the Chinese nation and people, and shoulder the special historic role of relieving the country of its current, heavy yoke. My friends, lawyers Li Heping (李和平) and Wang Quanzhang (王全璋), are firmly in the latter group.

Li Heping is considered a moderate in the Chinese legal community, and he has a wide circle of friends. He is a good friend of mine whom I have known for a long time, and one of the Chinese lawyers I’ve had the most interactions with. Given that our frequent interactions occurred when the authorities were terrorizing and devastating myself and my family, his association with me made him more of a threat in the eyes of the authorities.

In 2007, the same personnel that subjected me to torture and ill-treatment also abducted and savagely beat Li Heping, simply as a way of retaliating against him for his insistence on visiting me.

709 李和平

Li Heping

The deepest impression he left me with was how he was always so full of vigor, participating in nearly every gathering held by colleagues. Amid sharp disputes, he would be smiling and watching from the sidelines. Even when he himself was attacked, he was always able to mitigate the often emotional confrontation, and he could always be relied upon for insightful criticism or an opposing viewpoint. He is mild, rational, and compassionate. The two of us worked on a series of high-profile cases in early 2000s, including the appeal of Mr. Yang Zili (杨子立) , and the forced expropriation of private oil fields in northern Shaanxi province. I teased him whenever we met, and he always just laughed, never returning a blow. We became the best of friends despite our opposite temperaments.

I’d said on different occasions previously: if and when the mild-mannered Li Heping is arrested, the darkest days in China will have arrived, and the dawn for a new China will also be around the corner.

Most outsiders think that I’m the first Chinese lawyer to take on Falun Gong persecution cases — but that’s not so. Before me, Wang Quanzhang had already begun to help those kind-hearted victims.

The head of Beijing’s secret police in 2010 once suddenly asked me: “This fellow Wang Quanzhang, do you know him?” This was a clear sign that the Communist Party already saw him as trouble.

Wang Quanzhang and I only met once. In April 2006 when I was kidnapped by the Party’s thugs, there were strong calls of protest in a number of cities that left a deep impression on me. Among them was the Shenzhen policeman Wang Dengchao, who was sentenced to 14 years in prison in 2012; the police officer surnamed Wei in Xi’an (I don’t know his later fate); and also Wang Quanzhang.

709 王全璋

Wang Quanzhang

Quanzhang was practicing in Jinan, Shandong, at the time, and he rushed to Beijing, to the Xiaoguan Police Station in my neighborhood, to demand my release. Quanzhang was the only person I met with then, and it was our only meeting. He was intelligent, dashing, and had an understated yet firm and direct style of speech, a manifestation of his internal righteousness. I exhorted him: following my path will endanger your life. He laughed and said: “However stupid I am, I know that much.” All these years later, I still remember those words.

As a Falun Gong practitioner from Shandong, who had come to Beijing to petition, put it, Wang was a good, brave, and compassionate man. He had many Falun Gong friends who’ve been victims of persecution, and has all along quietly worked to give succor to that kind-hearted group of practitioners who’ve suffered barbaric political violence. This is in fact how we came to be friends, and develop such regard for one another.

When Quanzhang came to Beijing to practice law, I was struggling with the government thugs and couldn’t meet. But every time I thought of him, I wondered: for a kind and just soul like him, it’s only a matter of time before he’s ensnared in the prison of the Communist Party. I knew how much suffering this would bring to his daughter and wife, Li Wenzu (李文足), and this pained me.

Regarding the unlawful “709 incident,” I recently heard an interesting comment: “Since the crackdown, there have been no discordant views in China, but how long this quietude will last is hard to say.” I told my interlocutor: Silence is just the other face of turmoil, a different read of what’s brewing.

Silence means a dead world — but for idiotic dictatorships, it’s a dream world.

Using coercion and violence at every turn is the clearest proof of the savagery, fatuousness, incompetence, and failure of the rulers. Apart from simply adding to the long list of sins and crimes, they’re also further isolating themselves from the civilized, law-abiding world. At the same time, they’re engendering further resistance to their rule by committing crimes against humanity, again and again. They will gain nothing from their despicable acts.

A stubborn fixation on stopping dawn’s arrival is not only foolish, but also destined to fail.

This new emperor, splashing money around the world, is only succeeding in ingratiating himself with a few people in and outside of China who’re happy, for now, to praise him to the heavens. But the reality is that normal people are simply astonished at the complete lack of understanding he demonstrates of the true complexity and multifacetedness of human society; his intellectual quotient seems to be less than that of Kim Jong-un.

Just as with all the techniques of stupid dictators, they’re only considering what’s in front of them, and not what lies ahead — they’re simply trying to get out of the current trouble, but not thinking of fundamental resolutions to the problems. There’s no consideration for the disaster that inevitably approaches. This is the tragic end common to all dictators.

Obsessively, they demand conformity among the people, and that is what most of daily conflicts are about. In a world in which everything is the same, one small deviation seems to offend the eyes, bringing down the fury of suppression, and even the impulse to eliminate.

One of Napoleon’s subjects once told him: “My Lord, you can do anything you like with bayonets, except sit on them.”

It’s one year on since the large scale of crackdown on lawyers, but the government has not succeeded in subjugating the rights defense community. The opposite is true. China’s arrogant rulers have further entrenched themselves in a war against the basic values of civilization, and are edging ever closer to their own collapse. Like a reckless gambler with nothing to lose, everything they’re doing simply brings them nearer to that inevitable fate.

Alexis de Tocqueville believed that lawyers, as a collective, were if not the only force to bring an equilibrium to democracy, at least the strongest force able to do so.

Of the 52 signatories to the “Declaration of Independence,” 25 were lawyers. Of the 55 representatives in the meetings held to draft the U.S. constitution, 34 were lawyers. Of all U.S. presidents in history, over half have been lawyers. In all civilized societies of the world today, lawyers with proper training and character are active in affairs of state and almost all important segments of society, fighting for the best outcomes in politics, rule of law, and social issues.

The liberty accorded to, and level of development of, the legal profession is a reflection of the overall degree of civilization of a nation. The history of all communist regimes on earth have shown clearly that they are the mortal enemies of normal politics, rule of law, and other universal values. As a profession that arises from civilized justice systems, lawyers have never been tolerated by communist regimes — this is clear through history. Recognizing this obvious historical phenomenon requires seeing clearly two pre-conditions: the first is that totalitarian regimes cannot accept the rule of law; the second is that communist regimes are fundamentally totalitarian. Failing to understand either of these statements always results in confusion.

After 1978, the Chinese communists came up with a trick that has fooled the world: “reform and opening up.” The rest of the world seems to have really been taken in by this, as the communists don Western suits and leather shoes, conning their way into the international community of civilized nations. The legal profession in China was originally meant to be a mere showpiece, an indication of how confident they are in their ability to control and deceive. But there were some lawyers that didn’t appreciate this, and refused to go along with it. This is a major inconvenience for the Party, and so in the end they couldn’t stop themselves from openly attacking the rights lawyers, using all of their scurrilous means and shocking the world.

History always records, honestly and diligently, just as it always punishes the evildoers in the end.  

The 709 arrests add to a long list of atrocities following the Tiananmen Massacre and the brutal persecution of Falun Gong. These barbaric abusers of human rights will be brought to justice, one by one, in special courts after 2017*.

 

Gao Zhisheng

In the village, June 28, 2016.**

 

*Gao Zhisheng believes that the Chinese communist regime will fall in 2017.
**With permission from Geng He, wife of Gao Zhisheng, the translation does not include the two beginning paragraphs that are out of date. The essay has been edited.

 


Related:

China’s Shattered Dream for the Rule of Law, One Year On, a statement by the Chinese Human Rights Lawyers Group, July 8, 2016.

The ‘709 Incident:’ some testimony from the human rights lawyer community, by Eva Pils, July 8, 2016.

14 Cases Exemplify the Role Played by Lawyers in the Rights Defense Movement, 2003–2015, August 19, 2015.

Save Gao Zhisheng, by Yaxue Cao, August 15, 2014.

 

 

原文  《高智晟:〞709〞反法治事件,进行中的历史罪恶》

 

 

Join Them, and Prove Your Worth by Helping China’s Historic Change

– A commentary in the wake of false charges against Guo Feixiong

Gao Zhisheng, November 28, 2015

Translated by Matthew Robertson; posted on December 3, 2015

Gao Zhisheng composed the following letter after hearing about the six year prison sentence handed to rights activist Guo Feixiong, and after reading Guo’s spirited defense and condemnation of the Party’s rule. As the letter made the rounds on social media, the Chinese authorities promptly cut off Gao’s cell phone service and placed him under house arrest in his late mother’s cave dwelling in Shaanxi Province. Both Gao Zhisheng and Guo Feixiong are Christians. — The Editors  

Gao Zhisheng and Guo Feixiong in 2006.

Gao Zhisheng and Guo Feixiong in 2006.

 

I rarely suffer insomnia, but I woke up at 2 am this morning and couldn’t go back to sleep. This is only the second time it’s happened since I was put under house arrest in the village – the first was last year when I heard that Liu Xia [the wife of Liu Xiaobo] had been harassed.

In late April 2010, when I was being tortured by Chinese security forces—the sort of torture that shocks the perpetrators themselves—there was a brief let-up. One of the thugs, shirt off, reclined in a chair to catch his breath. I was laying on the ground on my side (my hands were cuffed behind my back), and before two minutes were out, I was letting out a ripping snore. Someone kicked me in the head: one of the thugs, shocked, had lept up to berate me: “Gao Zhisheng, does nothing effect you? We have trouble sleeping for several days after every one of these episodes, but you don’t. Are you human?” I responded: “That you weren’t able to sleep at night shows you’ve still got a vestige of humanity left.” Such is the rarity of my insomnia.

When I heard that Feixiong had been framed by the CCP, a terrorist group, even though it was within expectations, the brazen display of evil and inhumanity still shocked me.

Feixiong is among my closest friends. We knew each other late in life, and our contact was brief, but our friendship is profound. When he visited our home in Beijing, my wife would of her own accord go and bunk in our daughter’s room so that Feixiong would sleep in the same room with me to continue our talks. He was the only friend I could share a room with.

This morning in prayer, I thanked God for providing China with Guo Feixiong in our time, for strengthening him and giving him the power to strike terror into the evil forces, for making him an intimate friend of mine, and for having him become a peaceful, rational, and unique force for changing China.

This is Guo Feixiong. His final reply in court was brief yet epic, brimming with reason, justice, righteousness and the radiance of philosophy. Its vast and mighty power rocked this long-silent land.

Yesterday I spent several hours in a single sitting forwarding Guo’s reply in court to my relatives, friends, schoolmates, and friends from my days in the army. I have never done anything like this before, but this is my stance, and this is all that I can do physically for the time being.   

Last night, those of my compatriots, living inside or outside China, who are still hopeful for this country and people, were probably doing the same thing.

This is a great achievement despite the ruthless suppression: between China today and China tomorrow, despite the brutality and cruelty, the forces for peaceful resistance are coming to the fore.

Yesterday I remarked to my relatives that Feixiong’s reply in court will be written into school textbooks in 2018. And before 2017 [when Gao predicts the collapse of the CCP], it will be passed around and read by those stupid, brutal, and selfish thugs that compose the CCP, keeping them—so expert at outfoxing others and so steeped in their own avarice—awake at night in a cold sweat.

The trumped-up charges against Feixiong represent another historic moment in the CCP’s barbaric attack against its own people, led by Xi Jinping. I hereby tell the terrorist CCP: this isn’t the end of the matter, but the beginning. All your crimes against humanity today will be paid for in 2017. I say this because there are some of you who are still mulling over your own future and that of your family. I say this in the hope that perhaps this will stir your humanity, so pathetically besieged by greed, fear, and ignorance. I say this not because I expect you will do anything to change China, but simply in the hope that it will give you a chance to reduce your personal sins in the time remaining, and leave you and your loved ones a way out.

i) The Chinese Communist party will end in humiliating collapse in 2017.

ii) The Chinese Communist Party will be declared a terrorist organization—and that’s how it will be passed into history and known for posterity.

iii) China will establish a special tribunal, trying the former regime leaders for their crimes against humanity.

iv) Jiang Zemin, Li Peng, Zhou Yongkang, Xi Jinping, Meng Jianzhu and all other perpetrators of crimes against humanity, whether big or small, will be subject to the punishment of the special tribunal. Among those who will be tried include all of the Standing Committee members of all Party committees, all of those who participated in the Guo Feixiong case, including the head of the province and city, the secret police and “judicial” personnel who were involved, and all of those who attach themselves to the CCP and help it do evil, such as the malefactors in the “lawyer’s association,” conniving scholars and journalists, as well as all those in the security forces—those who intercept petitioners, those who forcibly demolish houses, those who extort confessions through torture, and those who suppress freedom of belief, among others.

v) According to international standards, those who are guilty of crimes against humanity will, according to the crimes they committed, be executed, jailed for life, or imprisoned for fixed terms, among other punishments.

vi) All of the assets of CCP, and that of its criminal members, will be confiscated.

vii) For those members of the former regime whose acts do not constitute crimes against humanity, but against whom specific evidence of wrongdoing is presented by victims, normal criminal procedures will be followed according to principles of fairness and leniency, and full disgorgement of the ill-gotten proceeds will be made.

viii) For the CCP’s accomplices whose acts do not constitute crimes against humanity, their illegal gains will be disgorged, they will be prohibited from engaging in business for the rest of their lives or for a specific period of the time.

ix) For all individuals referred to above, whoever of them withdraws from CCP before September 30, 2016, and publicly exposes the truth they know of the crimes committed, publicly seeking atonement for the crimes they’ve been involved in—they will be spared punishment.

The CCP cannot even draw a lesson from the numerous historical examples of empire collapse: the Roman empire, the Assyrian empire, the Ottoman empire, the Soviet empire—all political groups who strutted about on the world stage, and none was able to escape destruction. As the late Tang poet Wei Zhuang wrote in The Lament of the Lady of Qin, epitomizing Chinese history: “The imperial tapestries and embroideries are burnt into ashes, and all along the Street of Heaven one treads on the bones of State officials.” The march of history does not pause because of a few evil men brandishing weapons. Democracy around the world rushes forth, unstoppable by any dictatorship. China’s enormous changes are at hand, and the powers of frenzied brutality versus peaceful resistance are clashing ever more strongly. But the outcome is inevitable: the destruction of the Communist Party, and the rise of a China governed by constitutional democracy.

Since 2012, the battle for China’s future has entered its final phase: Xi Jinping’s cruel suppression brought about a widespread, flourishing peaceful resistance movement. Not long ago in China, the number of peaceful opponents of the regime could be counted on one hand. Today, there are Guo Feixiong, Sun Desheng, Wang Mo, Gao Yu, Li Heping, Zhao Wei, Xie Yang, Pu Zhiqiang, Tang Jingling, Shan Lihua, Li Yufen… even collating the names of the prominent rights warriors would be a massive undertaking.

The unyielding, peaceful resistance of the Guo Feixiongs of China shows there is still nobility and energy left in the Chinese people. That these names are growing exponentially in numbers proves that we’ve still got backbone, still stand up straight, and that blood still courses through our veins.

The Guo Feixiongs are the dignity of the nation today, and the hope of the nation tomorrow. They and their relatives are the guarantors of and the last hope for China. Come and join them, and rise and resist through peaceful means to testify to one’s own existence and value, as unprecedented changes unfold in China. It is that feeling which inspires me to write these words today despite all the prohibitions around me.

 

November 28, 2015, in my late mother’s cave dwelling.

———-

Related:

Guo Feixiong: My Final Reply in Court, November 27, 2015.

Save Gao Zhisheng, by Yaxue Cao, August 15, 2014.

 

中文原文《高智晟:加入他们,在这民族历史的空前巨变中证明自己的价值——郭飞雄再被构罪之评论》

 

Just Where Should Gao Zhisheng Live?

– Questions for China’s Thuggish Government

 

Photo: AP

Photo: AP

Pastor Bob Fu posted on social media the following note, as well as lawyer Gao Zhisheng’s piece on an incident on November 10.

“Three Internal Security (国保) agents burst into Gao Zhisheng’s (高智晟) cave home on November 10 and stopped him from traveling. Gao had for the last several days been preparing to travel to Xi’an for a long-needed dental appointment but was suddenly prevented from doing so. The agents also told him to inform Yang Hai (杨海), a friend in Xi’an who was helping organize the trip, that Gao himself chose to stay home. Originally, public security agents in Xi’an had told Yang Hai that it was no problem, that they could accommodate Gao’s dentist visit in Xi’an.”

Just Where Should Gao Zhisheng Live?

— Questions for China’s Thuggish Government

Despite all that has passed, I exist—this is a fact. Not only that, but at the current time I have neither the ability nor the wish to change this fact. Even as you stalk and gnash your teeth all day, it appears you also can’t do much to change it. Right now, the big problem staring at you in the face is this: there is just no way to get rid of me—you’ve come to realize this, too, through ten years of trying to. All the methods you could have used, you’ve exhausted, including national policies meant to make me disappear. You did your utmost, you expended the extent of the intellectual faculties of your entire regime. And what was the result? My existence is the proof of the failure of all your efforts.

“You absolutely cannot return to Beijing; we’re willing to do whatever it takes, no matter the complexity, to see to this.”

“Xinjiang’s stability maintenance situation is extraordinarily grim, you must leave.”

“You absolutely can’t live here (referring to Yulin City, Shaanxi), and we’ll do whatever it takes to stop you.”

All these are things your police have said to me over the last year.

Since you took power in 1949, you’ve used lowly and vulgar means like this to willfully burst into the private space of your own citizens to terrorize them anytime you like. Even rocks change and evolve with time; when are you going to evolve to the point that you can understand that there’s such a thing as personal rights? Or the basic common sense of humanity that the power of the state has its limits?

With this I interrogated the three police who suddenly burst into my home this afternoon. The most absurd part of it all was when I snapped “What are you doing here?” and those three big men had nothing to say for themselves. They didn’t actually know the point of their intrusion into my home. “I’ll go and ask the leader,” one of them said, running outside to make a phone call. Another added, unconvincingly: “Well, it’s probably just for checking the residency permit of a targeted person.” He lingered uncomfortably for a moment, then also slinked away.

When the simple fact of a citizen being alive becomes the cause of great vexation for a political regime, when they can figure no good way of dealing with him, then it’s indeed difficult to avoid the occasional embarrassment befalling you. But in any case, you’ve lost the ability to feel shame – that special characteristic that remains the sole province of humankind.

 

Gao Zhisheng

November 10, 2015

 
Related:

AP Exclusive: Leading China lawyer says he was tortured, AP, September 2015.

Save Gao Zhisheng, by Yaxue Cao, August 2015.

 

Translated by China Change.