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By Yang Jianli, July 22, 2017
“The U.S. should implement targeted sanctions against those personally responsible for Liu Xiaobo’s death. The U.S. can use the Global Magnitsky Act as a tool to sanction them—banning them from traveling in the U.S. and freezing their assets in this country—and also encourage its allies to do the same. It should also consider trade sanctions. In addition, the U.S. can honor Liu Xiaobo’s life and legacy by passing legislation to permanently rename the street in front of the Chinese Embassy in Washington DC as ‘Liu Xiaobo Plaza.’”
The world lost a hero when China’s only Nobel Peace Prize laureate, Liu Xiaobo, died of liver cancer in Chinese custody on July 13, 2017.
In life as well as in death Liu Xiaobo represents the best of what China can ever be. He possessed a moral authority unimaginable to his persecutors, and his legacy of love, justice, and sacrifice will surely far outlive the deeds of those who persecuted him. His spirit will be an uplifting and unifying force that will inspire more Chinese people to fight to realize his dream—indeed, the common dream of the Chinese people. To the world, he represents the universal values that all democracies embrace, and he stands for the unwavering struggle of unfree people. Liu Xiaobo is a representative of universal ideas that resonate with millions of people all over the world.
Chinese human rights and democracy advocates had all hoped that Liu Xiaobo would one day complete his unjust prison sentence, and then reengage in his passionate quest for human rights and democracy in China, and also perhaps one day be able to savor the fruits of his life’s work. But instead, he is gone. Now, more than ever, it is critical to demand justice for Liu Xiaobo’s death, to lend a helping hand to assist his widow, Liu Xia, and other members of his family, and to fight in every way possible to honor the legacy of his courage and sacrifice.
Many suspect that the Chinese officials intentionally concealed Liu Xiaobo’s illness from him and his family, and intentionally hastened his death by denying him proper care. Liu Xiaobo’s cancer was reportedly diagnosed on May 23 during an emergency hospital visit because of internal bleeding. However, the news of his late-stage cancer did not become known until late June. During this time, his tumor enlarged from 5-6 cm to 11-12 cm. As early as 2010, Liu Xiaobo was suspected of suffering from hepatitis B, but the Chinese authorities never allowed him to receive a proper diagnosis and treatment. Moreover, Liu Xiaobo reportedly had two CT tests in 2016, which likely would have revealed large liver tumors. Medical parole in China is a political, rather than a medical, decision. In Liu Xiaobo’s case it was up to China’s top leaders to decide. What they chose was a thinly disguised death sentence.
Liu Xiaobo had been held incommunicado since December 2008 until he became terminally ill and was eventually allowed a visit by a German and an American doctor following an international outcry. During his entire imprisonment, he was not allowed to discuss current events, nor the persecutions that his wife Liu Xia and her family suffered. When Liu Xiaobo’s worsening condition became public, 154 Nobel laureates, human rights activists around the globe, and a handful of world leaders called for his immediate release and medical treatment overseas. Liu Xiaobo himself also expressed his wish to seek medical treatment abroad and to die in free country. Tragically, the Chinese regime callously disregarded these requests. After persecuting him for so many years, the regime didn’t give a second thought to denying him his final wish.
Without a doubt, the Chinese communist regime is responsible for Liu Xiaobo’s death. However, the policy of appeasement carried out by democracies towards China’s human rights abuses has made them accomplices to Liu Xiaobo’s slow and stealthy murder. It is a sad and disturbing fact that many leaders of the free world, who themselves hold democracy and human rights in high regard, have been less willing to stand up for those rights for the benefit of others. If the world continues to acquiesce to China’s aggression against its own people, Liu Xiaobo’s tragedy will be repeated, and the democratic ideal and the security of all free peoples will be in jeopardy.
The tragic death of Liu Xiaobo should give all of us a stronger sense of urgency in helping prisoners of conscience of China. It is a legitimate concern that now we can expect more human rights activists will languish and disappear in Chinese prisons: Wang Bingzhang, Hu Shigen, Zhu Yufu, Ilham Tohti, Tashi Wangchuk, Wang Quanzhang, Jiang Tianyong, Tang Jingling, Wu Gan, Guo Feixiong, Liu Xianbin, Chen Wei, Zhang Haitao… the list goes on. If American advocacy for human rights and justice is to mean anything at all, the U.S. government must do more to support these political prisoners and to hold accountable the Chinese government and individuals who so brazenly abuse the fundamental rights of its people.
The U.S. can also do more to help Liu Xiaobo’s family. The Trump administration should make it an urgent priority to help Liu Xia leave China for a country of her choosing. The U.S. should implement targeted sanctions against those personally responsible for Liu Xiaobo’s death. The U.S. can use the Global Magnitsky Act as a tool to sanction them—banning them from traveling in the U.S. and freezing their assets in this country—and also encourage its allies to do the same. It should also consider trade sanctions. In addition, the U.S. can honor Liu Xiaobo’s life and legacy by passing legislation to permanently rename the street in front of the Chinese Embassy in Washington DC as “Liu Xiaobo Plaza.”
To fight for the ideals of human rights and democracy, Liu Xiaobo sacrificed his career, his freedom, and now, his life. But we cannot give up on him. We have to seek justice for Liu Xiaobo’s death at the hands of the Chinese regime, and we have to prevent the tragedy that awaits his widow, Liu Xia, if we do not act immediately to help her get out of China, and we have to preserve the legacy of Liu Xiaobo’s struggle for a democratic and free China.
Yang Jianli (杨建利) is the President of Initiatives for China, a Washington, D. C.-based NGO devoted to promoting human rights and political change in China.
Liu Xiaobo: The Founder of China’s Political Opposition Movements, Wu Qiang, June 30, 2017.
The Path Forward in the Wake of Liu Xiaobo’s Passing, Yaxue Cao, July 16, 2017.
As Liu Xiaobo Dies in Isolation, It’s Time to Abandon ‘Quiet Diplomacy’, Chang Ping, July 18, 2017.
Liu Xiaobo: Walking the Path of Kang Youwei, Spilling His Blood Like Tan Sitong, Wang Dan, July 20, 2017.
By Chang Ping, July 18, 2017
On July 7, the German professor Markus W Büchler, Chairman of the Department of Surgery, University of Heidelberg, traveled to Shenyang to take part in diagnosing the condition of Liu Xiaobo. Media reports noted that it was the first time in almost a decade that Liu, a Nobel Peace Prize laureate, had seen a foreigner. When I read this line I felt full of grief. The visit of a doctor isn’t anything like that of a friend calling in. Liu Xiaobo was imprisoned for his speech and thought, and apart from the small number of family members who’ve long been under house arrest, no one has been able to see him for all these years. Until he got late-stage liver cancer, when his days on earth were numbered, the only people he was able to see — apart from the doctors, nurses, and a few family members — were the police who had been ordered to keep him under close guard. On July 13, he left the world completely cut off from it.
A group of 154 Nobel Prize laureates signed a joint statement hoping that the Chinese authorities would let Liu Xiaobo and Liu Xia freely see their family, and that Liu be allowed to receive treatment anywhere he wished. UN human rights officials, politicians from around the world, human rights organizations and numerous Chinese citizens have said the same thing. The Chinese government pretends they don’t hear it — like a black hole that swallows everything that enters.
While silencing dissidents and shutting up their supporters, the Chinese government has also started projecting its voice on the international scene. Xi Jinping has been more assertive and bolder than any previous leader in boasting in international fora; Chinese state media has even suggested that he’s going to point toward the future direction of mankind. Buying up media, suppressing foreign journalists, and changing global public opinion have become the Chinese government’s undisguised combat strategies. Angela Merkel is content to chat with Xi Jinping for a long while about pandas at the zoo, but when it comes to a dying Liu Xiaobo, she won’t say a word in public. It’s clearly not that she doesn’t understand, or doesn’t care for Liu Xiaobo, but that she’s being stifled by the Chinese government.
Publicly humiliate the Communist Party, or let the Party publicly humiliate you?
Last week, the Congressional-Executive Commission on China (CECC) held a hearing on human rights conditions in China, which included the remarks of Terence Halliday, co-director of the Center on Law & Globalization at the American Bar Foundation. Halliday said that “At this moment from our longstanding research I have no doubt that when the world speaks out loud and publicly, China listens. China has a very thin skin” (video, 1’33”). Some may see this as publicly shaming to China — but in fact, it’s the Communist Party that has been shaming human rights and democracy. The most Western nations can do is stop or lessen this dishonor.
Would publicly criticizing China have any use? Some would defend Merkel’s failure to publicly mention Liu Xiaobo — that she is making a compromise and getting things done in a low-key manner. Whether it’s getting the Nobel Peace Prize laureate on the brink of death released, or changing China’s authoritarian political system, many people think that “private dialogue” is the most effective path. They even suppose that public pressure will have the opposite of the result intended. Over the past twenty years, the European Union has been holding dialogues on human rights with China quietly, and it is termed “quiet diplomacy.”
But in fact, those who are provided succor are those who have been reported on in the media the most — those who make dictators truly feel the pressure of international public opinion. There are countless unknown victims who have received no lenience since they are so “low key.” In fact, they’re often subject to the most cruel and brutal treatment.
This is not limited to only individual cases. The German scholar Katrin Kinzelbach’s 2014 book “The EU’s Human Rights Dialogue with China: Quiet Diplomacy and its Limits,” traced the development of the EU’s rights dialogue with China from its founding in 1995 until 2010, relying on internal memoranda, a vast array of documents, and extensive interviews with officials from over 20 member states. She spoke with former chairpersons of the dialogue committees and traced the institutional changes in the process. The conclusion of her research was that “quiet diplomacy” exerts almost no positive impact at all on human rights in China. Not only did the dialogue fail to achieve the hoped-for outcome, but it led to the Chinese government holding human rights in more contempt, turning the dialogue into a perfunctory affair and an occasion for them to rebut all questions, criticisms, and suggestions.
China points the world in a dark direction
Two weeks ago Amnesty International, Human Rights Watch, Initiatives for China, International Campaign for Tibet, Human Rights in China, International Society for Human Rights, and Unrepresented Nations and Peoples Organization (UNPO) made a joint statement calling on the European Union to suspend human rights dialogues with China. Their reasoning was that this sort of quiet diplomacy, on a particularly low-level this year, hasn’t improved the circumstances of China’s human rights in China, but instead has become a shield for the EU to avoid a thorny issue.
In her book, Kinzelbach writes that the “quiet diplomacy” strategy of human rights dialogues has shown itself to be weak and ineffectual, and that the only effective policy that Europe had on the issue was the prohibition of weapons sales to China after the June 4 massacre. If it wants to change human rights in China, the EU needs to summon up the courage, truly persevere, and support the immense significance of the human rights cause.
When politicians are laughing together about how cute the pandas are, and silent and unmoved while China’s most prominent dissident is dying in isolation, perhaps what China’s official propaganda mouthpieces have said is entirely accurate: In fact, Xi Jinping is pointing to a new direction for mankind, that is, abandoning the painful development of a political culture that safeguards human rights, democracy and liberty, and instead focusing on success in advanced economics and high technology, establishing an even more barbaric, darker, and despicable society that operates according to the law of the jungle.
Chang Ping is a Chinese media veteran and current events commentator now living in political exile in Germany.
The Path Forward in the Wake of Liu Xiaobo’s Passing, Yaxue Cao, July 16, 2017.
Liu Xiaobo: The Founder of China’s Political Opposition Movements, Wu Qiang, June 30, 2017.
Also by Chang Ping:
One Belt, One Road, Total Corruption, May 18, 2017.
China’s ‘Freedom’ Cage, by Chang Ping, 2015.
We’d Be Satisfied With Any Government!, October, 2015.
A China Change interview with Chang Ping:
China Change, July 15, 2017
Dr. Xu Zhiyong (许志永), leader of the New Citizens Movement, was released from prison on July 15, after serving a 4-year sentence.
Xu Zhiyong’s defense lawyer Zhang Qingfang (张庆方) confirmed that Dr. Xu has returned home in Beijing. He was picked up earlier by the security police, a source said.
Yesterday, scores of citizens traveled to the vicinity of Kenhua Prison in Ninghe District in Tianjin where Xu Zhiyong had been imprisoned since he was sentenced in February 2014. Dr. Xu, 44 years old, is a legal scholar and the founder of Gongmeng, a civil society group that pioneered China’s “rights defense movement” and in recent years campaigned for equal education rights for migrant workers’ children in large cities, and engaged in citizen activism under the banner “Freedom, Justice, and Love.”
The crackdown on the New Citizens Movement began in April 2013. Xu Zhiyong was arrested in July 2013.
Friends who tried to visit Xu this morning were blocked by three plainclothes security agents at the entrance of his residential compound. It’s unclear whether Dr. Xu will be placed under some kind of restriction in his movement and communications — illegal but common practices used by the Chinese government against leading dissidents.
Yesterday, activists who went to the prison to welcome Dr. Xu found that the roads around the prison were closed, allowing only inbound traffic. During the night, police raided the guest rooms of the activists. On the morning of the 15th, police stopped activists approaching the prison, telling them that Xu Zhiyong had been released already.
On July 13, Liu Xiaobo, the founder of China’s political opposition movements and the only imprisoned Nobel Peace Prize laureate in the world, died in custody from liver cancer, marking, some say, the end of an era and with it the hope of a gradual transition to democracy in China.
Dr. Xu is a leader of the younger generation of Chinese activists; he returns, four years later, to a much harsher environment for political opposition.
The China Manifesto – detained activist Xu Zhiyong calls for end to ‘barbaric’ one party rule, The Telegraph, January 23, 2014.
Who Is Xu Zhiyong — An Interview with Dr. Teng Biao, Part One, April 10, 2014.
Who Is Xu Zhiyong — An Interview with Dr. Teng Biao, Part Two, April 13, 2014.
July 4, 2017
China’s human rights lawyers have since 2003 become one of the most active and effective forces in the country advancing the ideals of universal values, because of their unique role and professional positions. Their work defending the civil rights and liberties of Chinese citizens extends from the internet to the streets, from courtrooms to jails. They’ve fought hard to promote the rule of law and democracy in China.
As prominent representatives of Chinese lawyers, human rights lawyers have been the target of the Chinese government’s persecution since the beginning of the rights defense movement. They’ve had their licenses to practice law revoked, they’ve been followed, threatened, publicly slandered by state media, abducted, disappeared, sent to forced labor camps, imprisoned for lengthy periods, and tortured. Persecution has become commonplace.
The persecution of rights lawyers in China reached its peak on July 9, 2015, when hundreds were detained and interrogated; the crackdown is now known as the “709 Incident.” The barbarism, cruelty, and absurdity with which the Chinese Communist Party began persecuting 709 lawyers and activists, and the torture and humiliation they suffered, has shocked the world. The 709 lawyers’ own defense attorneys and supporters have put up courageous resistance. The unyielding support and advocacy by the wives of human rights lawyers, through smiles and tears, have become iconic images.
The 709 Incident isn’t over, yet it has already left a profound mark on the development of Chinese civilization. It’s far reaching political and historical significance will become clearer in time.
The date of July 9 must become one that we remember and mark from now on. For this reason, we call for the establishment of July 9 as “China Human Rights Lawyers’ Day.” To inaugurate the occasion we will hold an event in Washington, D.C. to celebrate the bravery, wisdom, and will to resist exhibited by human rights lawyers in China. We’ll recall their suffering and sacrifices, demand accountability for the crimes committed against them, whether by the regime or individuals, and call for the international community to continue monitoring their plight and advocating on their behalf.
We firmly believe that someday in the future, in a constitutionally-governed, democratic, and free China, we’ll mark July 9 as a day to honor and celebrate human rights lawyers, and it will become a day that belongs to all of China’s lawyers.
Plans for the Inaugural Chinese Human Rights Lawyers’ Day are as follows:
Location: 1701 20th St NW, Washington, DC 20009
(Taipei and Hong Kong events to be announced later.)
Time: 10:00 a.m. July 9 (Eastern U.S. time)
Format: Exhibition of photographs, screening of a new documentary film about Chinese human rights lawyers, luncheon, discussions, and a march — broadcast online to the world
Social media tags: #709lawyers #中国人权律师节
Chinese Human Rights Lawyers Concern Group (Hong Kong)
China Change (U.S.A)
Committee to Support Chinese Lawyers（U.S.A）
Taiwan Support China Human Rights Lawyers Network (Taiwan)
China Aid (U.S.A)
Initiatives for China (U.S.A)
International Association of People’s Lawyers（Netherlands）
Humanitarian China (U.S.A)
Institute for China’s Democratic Transition (U.S.A)
Day of the Endangered Lawyer (Netherlands)
Taiwan Association for China Human Rights (Taiwan)
New School for Democracy (Hong Kong)
The International Observatory for Lawyers at Risk (OIAD, Europe)
Visual Artists Guild (U.S.A)
【地点】美国华盛顿 1701 20th St NW, Washington, DC 20009
Li Aijie, April 29, 2017
This is the second and last installment of Li Aijie’s account of her trip. Zhang Haitao was sentenced to 15 years in prison on January 15, 2016, for “inciting subversion of state power” and 5 years for “providing intelligence to foreign organizations.” He’s currently imprisoned in Shaya Prison in remote western Xinjiang. He believes that he is innocent, and has retained an attorney to represent him for a petition for retrial (申诉). — The Editors
On April 22, 2017 I took a train from Urumqi, and arrived in Aksu on the morning of April 23 at around 8:00 a.m. Human rights volunteer Huang Xiaomin (黄晓敏) was already waiting at the train station. After breakfast the four of us—Huang, attorney Ran Tong (冉彤), a driver and I—drove in the cold drizzle. We arrived in the Shaya county seat soon after 5:00 p.m.
After we arranged accommodation, on the morning of April 24 we set off for Shaya Prison. Because we weren’t familiar with the road, we went the wrong way and had to turn back midway. At about 10:30 a.m. we finally arrived at the prison gates. My uneasiness and insomnia due to worrying whether the meeting would take place made me even more exhausted and nervous.
Upon seeing our IDs and paperwork, the guard told us that more procedures were necessary. Attorney Ran Tong and Teacher Huang argued, negotiated, and mediated on the basis of reason and law. The prison guard told us that he needed to ask for instructions from his supervisor. We waited anxiously. After inquiring with his supervisor twice, the guard slowly walked toward us and said: “Your paperwork isn’t complete, and today isn’t a visiting day.” My heart leapt into my throat. He continued, “But we’ve taken into account that you came such a long way. Remember to bring complete paperwork next time.”
The stone hanging in my heart finally fell. I was excited, and silently said to myself: “Praise the Lord! Thank God!” My ardent morning prayer was answered.
I was put on a prison bus with some visiting Uighur family members. Sitting on the bus, I was overwhelmed with emotion. Tears ran down my face just thinking that I would soon see my husband who I missed so much. The bus passed through an expanse of desert. Red poplar trees gave a sense of vicissitude and decay. Under the bright sunlight, they looked scorched and desolate.
About five or six minutes later, the bus stopped in front of a solitary white building. After we got off, men and women each formed a line and went through a strict security check that required removing our shoes. I took out my ID and money and stored the rest of my documents in a prison locker. I deposited 600 yuan, the maximum permitted, for Haitao. I sat on a stool waiting. The television on the wall was streaming the life of the prisoners.
A staff member led me to an office and explained some rules, such as that talking about politics would result in the termination of the visit, and the visit would only last 30 minutes. I was then taken out of the room. After going a short distance we entered another room.
“Your man is in this room,” a police officer said, pointing to my left. Upon entering, I saw three police officers waiting. I immediately saw Haitao sitting on the other side of the glass partition, with two officers standing behind him. Excited, I quickly walked up and sat down opposite. “Husband, you’ve lost weight!” I said hurriedly. “Wife, you have, too!” Haitao said it with a smile. He looked in good spirits and his complexion was good. He appeared clean and calm, which also comforted me.
“Husband, how are you? How is life in here? Have your foot shackles been removed? Does your stomach still hurt?” I bombarded him with questions, concerned that I wouldn’t have enough time to say everything. “I’m not wearing foot shackles anymore. My stomach doesn’t hurt either. When I arrived at the prison I was given a physical exam at Shaya Hospital. Everything is fine. We have a regular routine here. Every morning we get up at 7:30 a.m. After washing, we exercise and then eat. After breakfast, we exercise for another ten minutes or so before we begin studying.” “What do you study?” “We study some traditional culture, such as the teachings of Confucius and Mencius.”
“Do you have a Bible inside? Can you read it? I brought you a Bible the Autumn Rain Church* gave you but I wasn’t allowed to bring it in.” “We’re not allowed to read it inside!” “But you need to pray to God for yourself, your family, friends, for this country, nation, even the police around you. You need to love yourself and love others, okay?” Haitao nodded.
He told me that for meals he has steamed bread, watery gruel, and some small side dishes. If they’re given soybean milk then they get no other dishes. He can have eggs, tofu, even chicken and rice pilaf when it comes time to “improve prisoners’ lives.” “I’m in very good health,” he said.
“Stand up then, walk around and let me see!” I wanted to see for myself. Haitao stood up and walked around. “Okay, not bad. You’re still full of spirit!” I felt relieved and sat back down. “Who accompanied you this time?” Haitao asked. “Huang Xiaomin and attorney Ran Tong. But they’re not allowed to come inside!” “Oh, that makes me feel better. Please thank them for me!” Haitao folded his hands in prayer.
“Before I left, friends all asked me to convey their concern and say hello to you. Sister Wang Yi and her husband Hua Chunhui, and many other friends. Even after I arrived in Shaya County there were still many friends who called to ask me to tell you to exercise, take care of your health, be strong, and hold on, that they’re sure that you will be free soon. We’re all waiting for you!”
Haitao became quiet for quite a while, hands folded in front of him. “Please thank everyone for me. I won’t get discouraged. Please tell everyone not to worry!”
Haitao told me that he will continue to appeal his case.
“I brought our son’s photos, but wasn’t allowed to bring them in. Our son is very naughty, he can’t stop kissing your picture. He also knows how to make calls and he ‘calls’ you. Next time I come I’ll bring him with me.” “Can he talk a lot? Are you all spoiling him too much, and that’s why he’s acting so naughty? Don’t pamper him too much. Can he stand such a long trip? If not, wait until he’s older,” he said, seeming calm. But I saw his eyes getting moist.
I asked Haitao if the prison allowed writing letters to family members. He said he’d mailed two letters. One of them was inspected and rejected by the prison authorities, but the other had been mailed. “You didn’t receive it?” He said he would send me letters every month.
“How are your parents? If you need anything ask my sisters, and tell them I said to do it.” “Okay,” I nodded emphatically.
Presently I heard an urgent voice from behind telling me that I had five minutes left. “Haitao, you must take care of your health. You owe me and our son a lot. When you get out you have to doubly repay us!” I said in a hastened and stern tone of voice.
Thinking that I would part with him soon, I couldn’t help letting my tears flow. A prison guard handed me tissues.
“Wife, I had a dream. It’s so clear I feel it’s real. You’re sitting at the small table where the phone is at home, and you can’t stop calling me. But all you hear is the message that no one is available at the number you’ve dialed. You keep calling, and the phone keeps saying the same thing.”
At this point Haitao was pulled up by two prison guards.
“You’ve gone overtime by almost five minutes!” the prison guard behind me said.
I stood up, putting my hands on the window. Haitao also stretched his hands out and put them against mine on the other side of the glass partition. “Yes, this is true. When you were just arrested I did call you non-stop like this. Husband, you must take good care of your health. Our son and I will wait for you. We will all wait for you!” I choked up with sobs, my tears falling like pearls from a broken thread.
The waiting room door opened. Haitao turned his head toward me, his hands shaking in prayer. Sunlight flooded in, making the whole room very bright, leaving only the corner dark.
I saw Haitao’s smiling face full of brightness and hope, and he was determined and calm. This greatly comforted me.
On my return journey, I thought of the poplar trees that can live for a thousand years. I believe that before long I will be walking freely hand in hand with Haitao.
I can’t help thinking of the suffering Mr. Gao Zhisheng experienced in this prison. It was the unremitting effort and resistance of him and others after him that improved the conditions Zhang Haitao is in now.
This was a long trip. Words can’t express how hard and mentally exhausting it was. A visit like this is also very expensive, something a family like mine can’t afford. I thank all my friends out there for the helping hands you extended to us. It’s your attention, love, and support that give me the strength to go forward. Without you it’s hard to carry on. I would also like to thank Huang Xiaomin for her company and support on this trip, and those who made contacts, arranged drivers and vehicles. Attorney Ran Tong also traveled with us the whole way and gave us free legal assistance. I, on behalf of my husband Zhang Haitao, thank all of you!
Next month I will take my son Little Mandela to Shaya Prison to visit his father whom he has never met. I respectfully invite my friends and people from all walks of life to continue to pay attention. My next visit will be May 25-26. However, the prison told us that we must contact them in advance.
Again, my deepest gratitude to everyone!**
April 25, 2017
*The Autumn Rain Church (秋雨之福) is a large house church in Chengdu, Sichuan Province.
**A note from our translator: “At first it seemed a bit stilted but it grew on me and I found it affecting.”
U. S. Government Must Intervene in Zhang Haitao’s Case, November 21, 2016.
Translated from Chinese by China Change.
China Change, April 21, 2017
Since the publication in early January of the “Transcript of Interviews with Lawyer Xie Yang,” made by lawyer Chen Jiangang (陈建刚), detailing a series of meetings with Xie Yang (谢阳) at the Changsha 2nd Detention Center, the Xie Yang case has taken many bizarre turns.
The revelations of torture in the interviews, the first meticulously-recorded and lengthy account of the abuse meted out to a human rights lawyer, offer a shocking view of the “709 crackdown” since mid-2015. As of now, four human rights lawyers and a number of activists are still in detention, and in the case of lawyer Li Heping (李和平) and Wang Quanzhang (王全璋), have been denied access to their lawyers for well over 600 days.
The torture of Xie Yang was perpetrated during the six months of secret detention, known as “residential surveillance at a designated location,” in the second half of 2015. After being exposed this year, it took the media by storm and provoked waves of strong reaction from the international legal community, governments, UN specialists, and human rights NGOs. On February 27, ambassadors of 11 nations wrote to the Chinese Minister of Public Security seeking answers to the reports.
Two days later, on March 1, Chinese state media, both print and broadcast, launched a smear campaign accusing the lawyers of colluding to fabricate the claims and catering to foreign media. Lawyer Jiang Tianyong (江天勇), who was abducted in Changsha on Novmeber 21, 2016, after visiting Xie Yang’s wife and children and posing for a photo outside the Changsha 2nd Detention Center, was made to appear on TV “confessing” that he had made up the torture details. An “investigative report” by the Hunan Procuratorate, which made a blurry, half-page appearance on CCTV, denied that torture had occurred. It was later reported that a few of the 11 ambassadors were subsequently summoned by the Chinese Foreign Ministry and shown the “conclusions” of this report.
Stunned by the boldfaced denial, lawyer Chen Jiangang posted articles and videos (with English subtitles) refuting the official media’s shabby narrative and questioning the Hunan investigation in its entirety. He was then was summoned for a talk with officials in Beijing, and menacing hints were made that he was under some sort of investigation…
Meanwhile, defense lawyers have been denied the right to meet with Xie Yang since February 28, a violation of Chinese law.
In recent weeks it seems that authorities in Hunan and Beijing have been negotiating a “resolution” of the case with Xie Yang. He was appointed an officially-sanctioned attorney. Yesterday, we heard the news that Xie Yang will be tried on April 25.
We don’t know what’s in store for Xie Yang. His wife, Chen Guiqiu (陈桂秋), a professor of environmental science at Hunan University, recently arrived in the U.S. seeking asylum. Today, she issued the following statement:
In December 2016 lawyers Chen Jiangang and Liu Zhengqing (刘正清) were commissioned by the family of Xie Yang to be his defense attorneys; they were then allowed by the Changsha 2nd Detention Center to meet Xie Yang, and obtained his signature confirming their power of attorney. This made Chen Jiangang and Liu Zhengqing Xie Yang’s official defense lawyers.
Following this, the two lawyers met with Xie Yang on multiple occasions, and came to learn of the extensive torture he was subjected to. They also began filing complaints against his torturers. The outcome of the submission of these complaints, however, was not that the torturers were investigated and held responsible, but that on February 28, 2017, the two lawyers were suddenly prevented from meeting with their client at the detention center. Why were the lawyers hired by family and the defendant prevented from working on the case?
Earlier this month, representatives of the Justice Department of Hunan Province met with Liu Zhengqing in Guangzhou and then Chen Jiangang in Beijing, saying that on March 31 Xie Yang had dissolved the contractual relationships with them as attorneys and instead turned around and commissioned He Xiaodian (贺小电) in Changsha as his defense lawyer.
Why have the Hunan authorities gone to such lengths to alter Xie Yang’s legal representation?
Now I am shocked to learn that on April 25, 2017, the Changsha Intermediate People’s Court will be trying Xie Yang for “inciting subversion of state power” (煽动颠覆国家政权罪), and “disrupting court order” (扰乱法庭秩序罪), and that his defense lawyer at court will be He Xiaodian.
Xie Yang’s family, defense lawyers, and his friends in China and overseas are anxiously watching and waiting for what the authorities will do.
Chen Guiqiu, wife of Xie Yang, in the United States
April 20, 2017
China’s Extraordinary Response to the 11-Nation Letter Over the Torture of Human Rights Lawyers, Yaxue Cao, March 28, 2017.