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Wu Gan’s Pretrial Statement

Wu Gan, August 9, 2017

 

Wu Gan (吴淦), arguably the most celebrated activist in recent years in China’s struggle for justice and human rights, and a seminal user of online mobilization and peaceful direct action, was the first detainee of what has come to be known as the 709 Crackdown. Wu Gan became known for his role in mobilizing public support in the Deng Yujiao case (邓玉娇案) in 2009, and in the years following was involved in countless cases, both large and small. He became well known for his audacity and creativity. He also wrote three guides for potential activists and petitioners: Guide to Butchering Pigs (《杀猪宝典》) , Guide to Drinking Tea (《喝茶宝典》) and Guide to Petitioners Fighting Against Forced Demolition of Homes (《访民杀猪宝典》). Wu Gan was detained on May 19, 2015, as he was demonstrating outside Jiangxi Superior Court, which had recently denied lawyers their right to access the case files of four wrongfully sentenced death row inmates. Like the rest of the 709 detainees, he was placed under “residential surveillance at a designated place,” China’s euphemism for secret detention, and tortured. On December 23, 2016, Wu Gan was indicted. The prosecutors listed 12 crimes (which to everyone else read like a list of heroic deeds), and concluded that “defendant Wu Gan organized, plotted, and implemented the crime of subverting state power and overturning the socialist system.” One of the two 709 detainees still remaining in custody for refusing to compromise (the other being lawyer Wang Quanzhang), Wu Gan will tried on Monday, August 14, at Tianjin Second Intermediate Court. Below is a statement Wu Gan issued recently, published by his lawyers. The court says the trial will be held in secret because some elements of the trial involve “state secrets.”  — The Editors

 

Wu Gan_开庭前声明

 

The rights of free speech, press, religious belief, demonstration, assembly, supervising the government and officials, as well as expressing discontent are all natural rights and civil rights endowed and guaranteed by the constitution (presuming the rights are not in name only). They are also universal values recognized and adhered to by countries around the world. If a citizen is convicted of a crime for exercising these rights, it’s a disgrace to our country and will be ridiculed and spurned by the people of the world. Forcing someone to defend himself against a charge of guilt for exercising these rights is an insult.

In mainland China, if your ideology and beliefs are at odds with those favored by the authorities, you’re apt to be framed with a criminal charge. Since the Communist Party came to power in 1949, millions of people have been persecuted. During Mao’s Cultural Revolution and all other political movements, intellectuals, the 1989 generation, democracy party members, and Falun Gong practitioners have all been retaliated against for defending their legitimate rights. Which of them is a criminal? For decades political changes in China have been in form and not content, while the essence of the authoritarian system has remained unchanged.

Their accusations against me are now public knowledge. I’ve done nothing more than make some speeches, write three books, give moral support and assistance to innocent victims of injustice, expose the misconduct and criminal actions of the government and officials, and express my ideas through performance art. All this is simply exercising my legitimate rights as a citizen. These civil rights should be defended by all of us.

I will be convicted not because I am really guilty, but because of my refusal to accept a state-designated lawyer, plead guilty, and make a televised confession for their propaganda purposes, and my resolution to reveal their brutal torture of me and the procuratorates’ misconduct. The special investigative team told me that my case would be decided by leadership on higher level, and that my trial is just a ritual carried out by the procuratorate and court. Although I know that this trial is only a farce to declare me guilty, I will not speak in my defense. An innocent person does not need to defend himself.

It doesn’t make sense to have a trial before many illegal acts against me are investigated and resolved. These misdeeds include: illegal police procedures, their brutal torture of me, occupation of my property, and forcing me to accept media interviews and give up the right to engage my own lawyer.

I know I will receive a heavy sentence, but I will never regret what I have done. I do feel guilty for involving my family in my case, and for having done so little for them. The sympathy and support of the public, and the dedication of my lawyers is my best “verdict.” Black and white, right and wrong will not be reversed forever, and justice will eventually prevail. The wheel of history rolls forward and can’t be stopped by anyone. Those who try to block the progress of human civilization will in the end find their place in history’s Hall of Shame.

Under the brutal rule of  the “Great, Glorious, and Correct” Communist Party of China, it would be embarrassing if I wasn’t framed as a “criminal.” Life is short, so we’d better “commit our crimes” while we’ve still got the chance. My crime of subverting the Communist regime is a great honor for me. In fighting for democracy and freedom and in defense of civil rights, a guilty verdict issued by a dictatorial regime is a golden glittering trophy awarded to warriors for liberty and democracy.

I refuse to speak in defense of myself, but I take this opportunity to thank you for the award! Thank you!

 

Statement by Wu Gan

2017

 


Related:

The Twelve ‘Crimes’ of Wu Gan the Butcher, August 13, 2017.

Wu Gan the Butcher, a profile by Yaqiu Wang, July, 2015.

Bill of Indictment Against Rights Activist Wu Gan, January 12, 2017.

Activist Who Rejected TV Confession Invites CCTV Interviewer to Be Witness at His Trial, Wu Gan, March 24, 2017.

To All Friends Concerned With the Imprisoned Human Rights Activist Wu Gan and the 709 Case, Xu Xiaoshun, father of Wu Gan, May 22, 2017.

Paying Homage to Liu Xiaobo from Behind Bars, Wu Gan, July 31, 2017.

 

Translated from Chinese by China Change.

 

 

 

A Home Prison Is Being Built for Recently Released Human Rights Lawyer Xie Yang

China Change, August 2, 2017

 

Xie Yang 铁门

The newly-installed iron gate outside Xie Yang’s home. 

 

According to a recently published video made by Chen Guiqiu (陈桂秋), a professor of environmental science and the wife of human rights lawyer Xie Yang, Hunan authorities are setting up a large security door equipped with a fingerprint reader, effectively functioning as a prison cell door, outside the family apartment in Yuelu District, Changsha. As the large metal gate in the hallway is being put up, the Special Task Group in charge of Xie Yang’s case has also rented out the adjacent apartment for a permanent security presence to watch over him. Chen Guiqiu explained in the video that the building is a residence for Hunan University professors, and that she owns the title to their apartment. “They’re doing this to put Xie Yang under long-term house arrest, preventing anyone from freely visiting our home.”

On May 8, after nearly two years of imprisonment, Xie Yang was granted probation by a Changsha court. Since then he has been kept in police custody, and even brief meetings with family members have been conducted in the presence of officers. In early July, around the second anniversary of the 709 crackdown, Xie Yang appeared briefly on WeChat, chatting with a number of his legal peers and sharing some photographs of meetings with friends. On July 13 he returned to work at the Changsha Weigang Law Firm, and appeared in perfectly good spirits. On his first day of work he accepted a brief interview with Radio Free Asia. The report, titled “I Did a Deal With the Authorities,” featured Xie Yang explaining how he made a deal with the government before being released, which included him remaining silent about what transpired to him when in custody, and limitations on his professional activities, etc. No further details about this arrangement were disclosed.

During the trial, Xie Yang was made to appear on state media denying that he had been tortured in custody. Among the scenes broadcast by the authorities was Xie Yang, in court, holding up a piece of paper and stammering out the lines: “Everything I have done has been completely opposed to the profession of being a lawyer. These actions have besmirched the reputation of the Communist Party and have had an extremely bad impact. I hereby sincerely express my guilt and regret. I am willing to take this opportunity to express my current thoughts on human rights lawyers: We should abandon the strategy of contacting foreign media or social media to stir up hot topics and sensitive incidents, attacking the judicial system and smearing the image of Party and government organs, and other similar methods, when we take on cases. Doing this not only violates the professional integrity of the legal profession and legal regulations, as well as trampling on the fairness and justice of the law, but it also harms the nation, the society, and the people. Everybody must take me as a lesson. You must conduct yourselves within the framework of the law. Don’t be used by Western anti-China forces. I hereby express my willingness to confess guilt, truly repent, and sincerely apologize. I hope that the judicial organs will give me a chance to reform myself.”

Obviously the practiced, wooden reading of the script of penitence and guilt was part of the deal struck.

The court has yet to make public the length of the prison sentence Xie Yang was given.

The perverse transformation of the family home into a prison appears to be a punishment for Xie Yang accepting the RFA interview. Chen Guiqiu said that from July 14 onwards, she has once again lost contact with her husband. “I don’t know where he is now. The phone rings, but no one answers.”

 

 

Xie Yang_7月13日上班

The first and the only day back to work on July 13. 

 

Xie Yang was arrested on July 10, 2015 in western Hunan Province while handling a case. He was part of the 709 arrests of rights lawyers across the country. After six months of secret detention (the so-called “residential detention at a designated place”), and with the detention center having repeatedly used the excuse of needing to conduct further “interrogation” to extend his period of detention (退侦延期), the Changsha Municipal Intermediate Court brought charges against Xie Yang on December 16, 2016, accusing him of “inciting subversion of the state” and “disrupting court order.” The basis of the subversion charge was for his criticism of the government on social media and defense opinions, given in court, on behalf of clients who were charged with political crimes. The charge of disrupting court order stemmed from his protest of the court’s illegal refusal to accept and register legitimate legal complaints.

After he was indicted, Xie Yang was allowed to see the lawyers that his own family hired for him — the first time this was allowed to happen in all the 709 cases. All other lawyers and dissidents detained in Tianjin had been prevented from meeting with their own lawyers. From late last December to January this year, two of Xie Yang’s lawyers held a series of meetings with him. In them, Xie Yang made detailed revelations of the torture and barbaric, inhumane abuse he was subjected to during the period of residential surveillance at a designated place and in the detention center. This included extended periods of sleep deprivation, beatings, threats to kill his wife and children, and denying him the use of toilet paper.

Later, Xie Yang’s lawyers published transcripts documenting his torture, bringing a firm and sustained global response from the media, governments, human rights organizations, and professional law associations. Part of the reason for this was that up until that point, though there was immense international interest in the welfare and treatment of the rights lawyers and dissidents who had been held under long-term secret detention, there was no way to obtain the information.

In a statement dated January 13 and made public by his lawyers, Xie Yang said, “If, one day in the future, I do confess — whether in writing or on camera or on tape — that will not be the true expression of my own mind. It may be because I’ve been subjected to prolonged torture, or because I’ve been offered the chance to be released on bail to reunite with my family. Right now I am being put under enormous pressure, and my family is being put under enormous pressure, for me ‘confess’ guilt and keep silent about the torture I was subject to.”

Over the past several years, Xie Yang has taken on cases representing forced internal migrants, grassroots people who have been killed by police, and other cases, defending China’s most vulnerable. Like other rights lawyers, in the course of taking on these cases he would often find himself on the opposite side of the table to the government.

Ms. Chen Guiqiu has put out an invitation for whoever wishes to come and visit her home in Changsha. “Come and see how they treat a human rights lawyer who has already been released. Come and take a look at China’s rule of law.” The address is: Hunan University Professor’s Residence in Yuelu District, Changsha, building 3-23, apartment 1401 (1402 being the apartment taken over by state security.) [长沙市岳麓区猴子石大桥西侧阳光100国际新城第一期湖南大学教师公寓3-23栋1401房.]

Chen Guiqiu herself already fled China with her and Xie Yang’s two children in February of this year, and after many complications arrived in the United States.  

 

 

Follow China Change on Twitter @ChinaChange_org

 


Transcript of Interviews with Lawyer Xie Yang (1) – Arrest, Questions About Chinese Human Rights Lawyers Group

Transcript of Interviews with Lawyer Xie Yang (2) – Sleep Deprivation

Transcript of Interviews with Lawyer Xie Yang (3) – Dangling Chair, Beating, Threatening Lives of Loved Ones, and Framing Others

Transcript of Interviews with Lawyer Xie Yang (4) – Admit Guilt, and Keep Your Mouth Shut, January 22, 2017

 

 

 

Two Years on: An Update on Lawyer Wang Yu, the First 709 Detainee

China Change, July 7, 2017

 

“Wang Yu (王宇) was at home by herself that night, having just seen off at the airport her husband Bao Longjun (包龙军), and their son Bao Zhuoxuan (包卓軒). A group of men began idling about outside her home, and when she yelled out asking who they were, they shrank away and kept quiet. About an hour later, when she was unable to raise her husband and son on the phone, and just beginning to get anxious, the lights in her apartment suddenly went out. Her internet was also cut. The harsh buzz of an electric drill shattered the silent darkness and within a few minutes the lock had been drilled out, falling to the ground. A gang of men rushed in, shoved her onto the bed, and snapped a cold pair of handcuffs on her hands, twisted behind her back. She was hooded and hauled out into a waiting vehicle, then taken to a facility whose location is unknown to this day. There, they drew a circle around Wang Yu’s spot on the bed: for several weeks, she had to sit with her legs crossed in the circle, and if she left it would be screamed at or beaten.”

— Lawyer Wen Donghai describes how Wang Yu was taken away on July 9, 2015.  

 

Wang Yu hooligan sparrow

In the documentary Hooligan Sparrow, lawyer Wang Yu is shown handing out the UN Convention on the Rights of the Child (CRC) in2013.  Photo: Hooligan Sparrow website

 

 

When China Change reported lawyer Wang Yu’s disappearance in the small hours on July 9, 2015, two years ago, little did we know what was to follow. She was the first of over 300 human rights lawyers and activists across China who, in the coming days, would be detained, disappeared, temporarily rounded up, and interrogated. Eventually more than two dozen were placed under the notorious “residential surveillance at a designated place,” (指定居所监视居住) and over the last two years they have gone through torture and family trauma, and some have been released. At least three more — Wang Quanzhang (王全璋), Wu Gan (吴淦) and Jiang Tianyong (江天勇) — remain in custody. None, whether released or not, have been truly free. The campaign is known as the 709 Crackdown.

Wang Yu and her husband Bao Longjun were released on probation in August 2016. They live in Beijing, but they’ve now been sequestered in a public housing block in Ulan Hot, Inner Mongolia, and are being held under tight control. For nearly a year, until recently, no one has seen Wang Yu or her husband in public. It’s like they’ve disappeared from the face of the earth.

Wang Yu visit_709

Left to right: Li Yuhan, Wang Yu, and Wen Donghai

In late June, Wang Yu’s defense lawyers Wen Donghai (文东海) and Li Yuhan (李昱函) were able to visit Wang Yu and Bao Longjun, along with their son, in Inner Mongolia. After of nearly a year of probation, the whole family’s freedom is still severely restricted. There are three surveillance cameras set up in the corridor outside their door, and bugs have been planted throughout their apartment (they’re aware of this because the Security Police immediately know what they’ve been saying to one another). There are also guards on duty outside their building, 24 hours a day, 7 days a week. Whenever they leave home, at least two security agents follow them. Their range of activities in Ulan Hot is highly limited — they leave home either to buy groceries and basic supplies, or else to visit Wang Yu’s parents who also live in Ulan Hot.

If they want to go to Beijing (where they actually live) or Tianjin (where Bao Longjun’s parents live), they have to submit an application to the Security Police. When they get there, the local Security Police follow them around, and keep them under extremely tight control.

Legally, Wang Yu and Bao Longjun are still on “probation”; Wang Yu’s probationary period ends on July 22, while Bao Longjun’s expires on August 5. The law states that during the period of probation they are required to report to the local public security bureau to account for their movements. The measures taken against them, however — house arrest, 24 hour surveillance, being followed wherever they go — are all illegal.

Neither Wang or Bao are currently allowed to work, and their subsistence is paid by the Security Police.  

Their son, Bao Zhuoxuan, was a high schooler in Beijing when his parents were detained. Over the past two years, he was also put under short-term house arrest and long-term surveillance, and forced to live with his maternal grandmother in Inner Mongolia. In October 2015, after two family friends tried and failed to spirit him out of China, the young man was put under even tighter control. Bao is 18 this year and still in senior high-school. His parents still hope he can go overseas to study, but they are not sure how long their son will continue to be barred from moving freely. This is notwithstanding the fact that all the measures taken against him are simply illegal and immoral.

In their meeting with Wang Yu, both lawyers secured a new signature from her authorizing them as her official legal representatives.

On March 30, 2016 when she was in prison, Wang Yu underwent surgery for breast cancer. Last August she was awarded the inaugural International Human Rights Award given by the American Bar Association.

We are certain that Wang Yu, like many others ensnared in the 709 Crackdown, was tortured in custody, and we have yet to hear the details of the horror.

 

 


Related:

A Human Rights Lawyer’s Notes on the ‘709 Incident,’ Two Years on, Wen Donghai, July 6, 2017.

To American Bar Association With Regard to ABA Human Rights Award to Wang Yu, August 6, 2016.

The Vilification of Lawyer Wang Yu and Violence By Other Means, July 27, 2015.

She was a quiet commercial lawyer. Then China turned against her. Washington Post, July 18, 2015

 

 

 

 

 

‘Screw Your Suspended Sentence’: ‘The 709 Cases Are Far From Over,’ Says Li Heping’s Wife

China Change, April 28, 2017

 

 

Late Friday, evening time Beijing, Wang Qiaoling (王峭岭) and Li Wenzu (李文足) issued the following video statement. China Change offers our audience a translation:  

Statement by Wang Qiaoling and Li Wenzu

Wang Qiaoling: This morning at 11:00 a.m. I was walking out the first floor entrance of our apartment building with my daughter when I found myself surrounded by a large group of state security agents. Among them were Beijing state security agents, Tianjin state security agents, chief of the Tianjin Jiaguasi (挂甲寺) police station, and the neighborhood property management people. As they closed in on me, the state security officers demanded that we discuss Li Heping’s case. I thought it was a standard attempt to threaten us and asked them to present their ID badges. They refused. As we were arguing and haggling over this point, they told me that Li Heping had already been given a suspended sentence. I was extremely shocked. This meant that Li Heping had already been tried in secret.

[The paper says: Why try him in secret?]

[709 case, the 659th day]

As far as I know, in Li Heping’s ten year career as a lawyer he has opposed torture, defended the rights of religious believers, and appealed on behalf of those suffering injustice. Everything he has done can be discussed openly, and it is all transparent and upright.

[The paper says: My husband Heping is innocent and aboveboard.]

My husband Li Heping was tried and judged in secret on April 25, and this morning the sentence was announced. At the moment he was being sentenced, the lawyer appointed to him by the authorities, Wen Zhisheng, was instead at my house with state security agents, waiting since the early morning for me to appear. At one point during all this he dashed up to me and tried to snatch away my cell phone, and also tried to hit me, until he was dragged away. This Wen Zhisheng is more of a state security agent than the agents themselves — he’s a volunteer security agent, effectively. The conduct of this lawyer — working with the authorities to frame his colleagues — is utterly shameless.

The state security agents said that the result — three years imprisonment, suspended for four years — is something that everyone worked hard to achieve, and is to the delight and satisfaction of all. They told me to immediately pack up the kids so they could take us all to see Li Heping.

Screw your delight and satisfaction. For Li Heping, who’s now a political offender, a three year sentence with a four year probation means that his personal freedom will be restricted for seven years. Over the last two years I’ve seen so many kind-hearted family members of 709 lawyers who’ve been hoodwinked by state security agents and taken to Tianjin — and then the whole family is cut off from the outside world. What on earth happened to them? We have no way of knowing.

Today, many journalists asked me: How do you feel about Li Heping gaining freedom? I told them that Li Heping is not free. According to Chinese law, Li Heping was given a suspended sentence, so he should be at home with us right now. But instead of that, a big gang of state security agents came to our door and tried to take me and my daughter to Tianjin. This shows that Li Heping is still being locked up by the authorities — simply under different auspices.

Li Wenzu: Today, state security told me very explicitly that Wang Quanzhang would be next. They told me to be a bit more obedient and Wang Quanzhang might be able to get a suspended sentence too.

Wang Qiaoling: Screw your suspended sentence.

Li Wenzu: Exactly.

Li Wenzu: For 659 days, we look forward to their return each every day, hoping for their true freedom.

Wang Qiaoling: So, the 709 cases are far from coming to an end. We still have a very long road ahead.

 

Continue reading (some redundancy) for more details and also comments from human rights lawyers:

After 22 months in captivity, Li Heping (李和平), one of the remaining “709” human rights lawyers ensnared in the mass arrests beginning July 9, 2015, stood secret trial on April 25 in Tianjin. Three days later on Friday April 28, his wife Wang Qiaoling was told that Li was given a three-year prison sentence with a four-year probation. Wang firmly maintains that Li is innocent, and said the sentence is absurd.

Wang Qiaoling said that state security agents in Tianjin and Beijing, together with the officially-designated lawyer Wen Zhisheng (温志胜) — dozens of people in all — traveled to Wang Qiaoling’s home in the Daxing district of Beijing, informing her that Li Heping had been given a suspended sentence. They said that they were prepared to take her and the couple’s young daughter to Tianjin to “reunite” with Li. Wang Qiaoling immediately rejected the invitation.

Wang Qiaoling told Radio Free Asia that the state security agents were trying to bring her to Tianjin in order to put them under house arrest and make sure they can’t speak to the press.

“The scene outside our apartment was a spectacle,” Wang said. “Dozens of them had come just to tell me this news: first, that Li Heping had been given a three year sentence, with a four-year probation; and second, that I absolutely had to read a letter Li Heping had written, and speak to him on the phone.”

In a video from the scene, Li’s officially-assigned lawyer was seen to brandish this letter, trying to give it to Wang.

She rejected all of it. “They’ve lied far too many times already,” she said.” “They told me that I should be happy with this outcome, because ‘your husband can come home.’ You lock someone up and torture them for nearly two years, and now you come and tell me that this is the best outcome? Why didn’t the family even know about the trial? If the sentence was pronounced today in the court in Tianjin, why was his lawyer there? You come here trying to make me buy this story, but all you want to really do is make sure our whole family is under house arrest and that Li Heping stays in captivity, and that I stay silent.”

While Wang Qiaoling was squaring off with the security police — led by Sun Di (孙荻), a senior security officer at Beijing Public Security Bureau and a human rights perpetrator who took part in Gao Zhisheng’s torture, and was involved in the cases of many dissidents, such as those of Hu Jia (胡佳) and Ai Weiwei (艾未未) — she suddenly received a telephone call from a Tianjin phone number. It was Li Heping speaking over a noisy background. He said that it’s inconvenient to speak on the phone, and that he wanted Wang to come to Tianjin to be with him. Wang, however, demanded that Li instead be allowed to come home. “It’s not that I don’t miss you,” she told him. “If I go, we will all lose our freedom.”

Human rights lawyers closely watching the latest developments think that the goal of the authorities was obvious: to bring Wang Qiaoling to Tianjin and put her under house arrest. This would also be a way of dismantling the 709 family members who have banded together to support each other. They believe that this, if achieved, will pave the way for the trial of Wang Quanzhang.

Much earlier on in the 709 saga, the families of Zhao Wei (赵威, Li Heping’s legal assistant) and Ren Quanniu (任全牛) were given the opportunity to “reunite,” but in the end got trapped under house arrest.

Meanwhile, the Tianjin 2nd Intermediate Court published a message to its official Weibo channel saying that the April 25 trial was closed because Li Heping’s case relates to state secrets, that Li’s sentence was announced on the morning of April 28, and that he was guilty of “subversion of state power” and would be sentenced to prison for three years with a four-year probation. According to the announcement, Li Heping said he would not appeal; some members of the public were able to observe the sentencing.

The news has also been published by the official media Global Times, as well as to the websites of every major news portal.

Wang Qiaoling told RFA that she understands any decision her husband might make after being jailed and put through an ordeal for nearly two years. She also wishes he would come home. But the judgement against him was simply preposterous.

Wang Qiaoling: “Just earlier someone asked me: ‘Do you think this is a bit lighter than what happened last August?’ I’ll speak from my heart. My husband is innocent. What we want is for him to be released as innocent so he can come home. Only then would it be clear that the rule of law actually governs China. You’ve gone and turned an innocent man into a criminal, and then suspended the sentence so it seems really humanitarian. But this is absurd. I don’t acknowledge it, and I don’t recognize it.”

Security police on Friday also sought to “persuade” Li Wenzu, wife of Wang Quanzhang, another 709 lawyer still in custody. They said that Wang’s case is almost completed, and that Li should maintain a calm and restrained attitude.

Hunan attorney Wen Donghai (文东海) represented Wang Yu (王宇) before her “release” and had made many trips to Tianjin. Drawing from his experience and reflection, he told RFA that the 709 case has been playing out for two years now, and the official attempt to concoct criminal charges against the lawyers has failed. Now, under constant international pressure, the authorities are trying to quickly wrap things up and save face.

“If they still want to save a bit of face,” he said, “they should immediately release Xie Yang, Wang Quanzhang, Jiang Tianyong, and Wu Gan. This is the best option. They’re not only innocent of any crimes, but the ones who’ve committed crimes are in the public security organs, the procuracy, and the courts. These sentences simply bring shame to the authorities themselves, and will deal even more damage to their legitimacy.”

 

 

Source: http://www.rfa.org/cantonese/news/lawyer-04282017092526.html?encoding=simplified

 


Related:

‘My Name is Li Heping, and I Love Being a Lawyer’, interview with Ai Weiwei in 2010, August 21, 2016.

The Anti-Torture Work of Lawyer Li Heping That Irked the Chinese Authorities, January 25, 2017

 

Translated from Chinese by China Change.

 

 

As China Blocks Xie Yang’s Own Lawyers Following the Torture Revelation, Wife Reprimands the Lawyer Who Met Him Without Consent

Chen Guiqiu, April 9, 2017

Since February 27, four weeks after the much-reported torture of Chinese human rights lawyer Xie Yang (谢阳). who has been imprisoned since July 2015, the two family-appointed lawyers of Xie have repeatedly been denied meetings with him. The last time they saw him was February 6. According to Chinese law, lawyers are free to meet their clients any time during the trial stage. Rattled by the coverage of torture and responses by international legal professionals as well as foreign governments, China took extraordinary steps in early March to deny the torture and attempt to discredit the report, in an all-out propaganda assault. They forced lawyer Jiang Tianyong to confess to the “fabrication” on national television, and threatened Xie Yang’s lawyer Chen Jiangang (陈建刚), responsible for publishing his transcript of meetings with Xie Yang as the latter recounted the torture he was put through in heart wrenching detail. Recently, without the family’s knowledge or consent, a lawyer named He Xiaodian (贺小电) visited Xie Yang in custody at least once, apparently at the bidding of the authorities, in an attempt to get Xie to appoint lawyers who will cooperate with the government. Xie Yang’s wife Chen Guiqiu (陈桂秋), a professor of environmental science at Hunan University, wrote the following letter to Mr. He Xiaodian. This is an important development in the Xie Yang story, and China Change here offers an unauthorized translation of the letter.  — The Editors    

    

chen-jiangang-liu-zhengqing-chen-guiqiu

Left to right: Chen Jiangang, Liu Zhengqing, and Chen Guiqiu in front of the Changsha 2nd Detention Center in December, 2016. 

 

To the honorable Director He,* greetings:

Director He, as you can tell from the salutation, I continue to treat you respectfully.

I was shocked to learn that you led a group of people to visit Xie Yang in the detention center. Did you know that for the last month Xie Yang’s own defense lawyers, Liu Zhengqing (刘正清)and Chen Jiangang, have been prevented from seeing him? Their legally stipulated rights have not been protected, and yet you were allowed to pay a visit. Can you tell me why?

Do you know the details of how Xie Yang has been tortured for over more than a year? Did you know that, because we exposed the details of the inhumane torture he was subject to, I was summoned, interrogated, and threatened at the end of last year? Did you see the reports vilifying Xie Yang run by CCTV, Phoenix, and Global Times in early March this year? Did you know that lawyer Chen Jiangang has been investigated, intimidated, and threatened? Did you know that he is currently having trouble in his practice and that he has two young children to provide for? Did you know that lawyer Liu Zhengqing has attempted to visit Xie Yang on numerous occasions, including many personal trips to the detention center, whereupon he has simply been rudely told to go away?

We have already clashed once before over this, last September. At the time, Xie Yang had been locked up for 16 months and hadn’t once been able to see his defense lawyers, yet you managed to see him several times! How strange, given that I had never hired you, or met you — yet you were somehow able to enjoy the extralegal privilege of meeting with my husband. And now, without even asking me for a cent or seeking my signature on a Power of Attorney letter, you’ve happily gone to the detention center to see Xie Yang, while the lawyers that I myself hired to defend him, who traveled long distances to Changsha, couldn’t see their client? As a lawyer, why is your allegiance aligned with certain people, and not the law?  

Though it’s nothing unusual in today’s society, your eagerness to do the government’s bidding still gave me a shock. This is because I know that many years ago you left your post as a judge and were determined to become a lawyer. You seemed to be one of those who knew where the future of China was headed, and knew how to maintain a basic sense of human decency. You’re over 50 years of age, yet you still allow yourself to be led by the nose. Is it that you need to help frame up Xie Yang so you can bolster your political credentials? Or is it that they promised you a huge cash reward for cooperating? While you grieve for the recent passing of your own mother, have you considered that Xie Yang too has aging parents who are hoping for their son’s return? And that his brothers and sisters are all waiting to be reunited with him?

What is the purpose of your meeting Xie Yang, anyway? Did you go to try to force him to sign papers commissioning you as his lawyer? Why are you willing to be the scapegoat for these people? Do you want to become Xie Yang’s lawyer, enter a guilty plea on his behalf, and send him to jail? What I’m thinking is: even though you may be gaining benefit from doing this, and gaining illicit privilege, you may not be able to enjoy peace for the rest of your life. Surely you’ve heard of the many cases where ordinary people fight back against the injustice inflicted on them. I personally have no way of guaranteeing that, in Xie Yang’s case, there’s no relative or friend who won’t take excessive measures in his defense.

The right and wrong in this case is so clear that a four-year-old would understand! Perhaps in your heart you do understand, but you are bound by mutual interest with the relevant organs, have to do what they ask you to, and get rewarded for doing so, in the face of overwhelming public condemnation.

I heard that you don’t like to go online, so I’m going to ask one of your colleagues to share with you the reports from the three media mentioned above, accusing us of fabricating the torture, so you can watch them together and exercise your meticulous legal reasoning, of which I think you’re still capable. You can see for yourself how how the top-tier state media outlets of the country represent the twisted logic of the relevant departments handling the case; see for yourself the pure idiocy of it all; and realize how you are becoming part of this web of lies they’re weaving. You could still back away from this travesty, unless you believe that the sun can rise in the west if the people in power say so, and everyone else in China are deaf, dumb, and blind.

I’d like to think your actions thus far are a slip of judgment after a talk, or a drinking party, with certain people. But when it comes to Xie Yang’s case, we won’t let this happen. Please, think it over carefully.

 

Xie Yang’s wife, Chen Guiqiu
April 5, 2017

 

*He Xiaodian is the head of Hunan Gangwei Law Firm (湖南纲维律师事务所) in Changsha where Xie Yang was once an associate.

 

 


Related:

‘The Ball Is in Your Court!’ Questions for the Hunan Procuratorate Regarding Its ‘Independent Investigation’ into Xie Yang’s Torture, Chen Jiangang, March 22, 2017.

How Xie Yang’s Transcripts of Torture Came to Light: Lawyer Chen Jiangang Rebuts China’s Smear Campaign, Chen Jiangang, March 3, 2017.

Transcript of Interviews with Lawyer Xie Yang (4) – Admit Guilt, and Keep Your Mouth Shut, January 22, 2017.

Transcript of Interviews with Lawyer Xie Yang (3) – Dangling Chair, Beating, Threatening Lives of Loved Ones, and Framing Others, January 21, 2017.

Transcript of Interviews with Lawyer Xie Yang (2) – Sleep Deprivation, January 20, 2017.

Transcript of Interviews with Lawyer Xie Yang (1) – Arrest, Questions About Chinese Human Rights Lawyers Group, January 19, 2017.

 

 

 

 

Activist Who Rejected TV Confession Invites CCTV Interviewer to Be Witness at His Trial

Wu Gan, March 24, 2017

Well-known human rights activist Wu Gan (吴淦) was arrested in May 2015. After a brief period of custody in his home province Fujian, he was taken to Tianjin as part of the 709 arrests. According to a complaint filed by his lawyer, on August 1, 2015, Wu Gan was forced to participate in a video interview with CCTV host Dong Qian (董倩) in which he was supposed to confess his guilt. He refused to follow the script. Yesterday his lawyer posted online Wu Gan’s letter to Ms. Dong Qian, dated March 8. — The Editors

 

Wu Gan_via Wang Lihong

 

Dear Ms. Dong Qian,

I write this letter to you because I still have a thin thread of hope in your basic humanity. I hate all dictatorships, as well as those who help dictators, but I’m an optimist when it comes to human nature. For example, this is what the public thinks about the organization your work for: when the auxiliary building of CCTV headquarters, known as “big underpants,” went up in flames, people were ecstatic. When one of your evening news hosts got throat cancer, the public delighted in his misfortune — it seems fitting that a throat used to broadcast untruth everyday should become cancerous. Netizens nicknamed CCTV a den of debauchery where the likes of Li Dongsheng (李东生, former minister of public security) plied his trade as a pimp, sending CCTV women up to Zhou Yongkang (周永康, former security boss) to have his way with. The prime time Evening News is such a bore that netizens have turned it into a template for endless spoofing. When one day one of your own, Bi Fujian (毕福剑), made wicked fun of Maoism in his off-time, it shows what a schizophrenic place it is! I cite all of these to remind you just how CCTV is perceived by the people.

CCTV is despised not because people’s values are warped, but because this system has warped everything. It’s this system that has turned the media you work for into a tool for keeping the people ignorant, making it an accomplice for the worst evil. It’s now become a byword for lies and propaganda and a spokesperson for evil.

The only way to wash away the stain of associating with it, and to gain your own integrity and personal esteem, is to flee as soon as possible. When the anchor Du Xian (杜宪) demonstrated her own humanity after the June 4 massacre — wearing black, showing her tears on television — she received a silent national applause and respect from all. The public sees things clearly. I respectfully ask you: for such a beauty, why be a villain?

I have applied for you to be a witness in my case, and I hope you will appear in court and testify. I want you to tell the world about how I was hauled, a black hood covering my head, in front of you for an interview on August 1, 2015. Please gather your courage and conscience, and tell the public what you saw on that day. Tell everyone how I rebuked and exposed An Shaodong (安少东, security agent and interrogator) who sat diagonally from me. Tell the public what he did to me. Tell them about my back injury.

Tell them how actors were brought in to act out a script for the televised confession. I trust that you’ll show the kind-hearted side of your nature. I’m sorry that you didn’t get what you had come for because I refused to act according to their script. For my disobedience, I was punished badly by An Shaodong after being taken back to detention center. 

An Shaodong sat diagonally from me to intimidate me. I experienced for myself the inside process by which CCTV makes its news pieces, and how the station and the public security organs work hand in hand to create the news they need. Amazing country, amazing media, amazing public security agents; together they produce amazing journalism.

Finally, allow me to express my gratitude to your television station. I am very grateful that CCTV joined in when People’s Daily and Xinhua slandered me with Cultural Revolution-style propaganda while I had no freedom to speak for myself. On the other hand, thank heaven I was slandered, not praised. Or it would truly have been a stain on my reputation. How could I have lived with my head up high if mouthpieces like you said nice things about me? In 2009, when your television station and a media under People’s Daily tried to interview me about the Deng Yujiao (邓玉娇) case, I rejected it due to my germophobia. A man doesn’t keep company with evil, and this is the line I draw while going about being a human being.

Wu Gan (Super Vulgar Butcher)
March 8, 2017

 


Addendum:

Wu Gan: Urgent Request to Meet the Residential Prosecutors at the Tianjin Second Detention Center

I am Wu Gan. For over a year since my transfer to the Tianjin Second Detention Center on January 8, 2016, I have made countless requests to meet with you, the residential prosecutors from the Second Branch of the Tianjin Municipal Procuratorate. The detention center told me that they had passed on my requests but that they could do nothing as you kept declining to see me.

I need to see you, not because I want to have nice chats with you about the beauty and meaning of life, but to complain about police violations in handling my case, including torture. There is something even more important: I want to report leads about a possible voluntary manslaughter case. But you are nowhere to be found. I am not the only detainee who has trouble meeting you; other detainees have the same problem.

You are supposed to carry out your duty, which is to meet with each detainee and learn if they have been subjected to illegal treatment. But you have abdicated your legal responsibilities. This is not a matter of being lazy, but a matter of negligence.

I’m requesting this urgent meeting because time is running out, and the death row inmate in question could be executed soon. For those who are sentenced to death for something they didn’t do, the truth can never be restored. So you must meet with me as soon as possible to hear my complaint. As for whether you investigate or not, or whether or not I will suffer retaliation, you may do as you please.

I will expose more details of these matters in the future, showing the public just how prosecutors in China go about their jobs.    

Wu Gan
March 24, 2017

 


Addendum:

Lawyer Ge Yongxi: Meeting with Wu Gan                                           

Yesterday afternoon and this morning, I twice met with Mr. Wu Gan, who is being charged with “subversion of state power.” After we had discussed the case work, Wu asked about people and events outside, and he asked me to pass on his thanks to friends.  

We also talked about the issue of compromising and admitting “guilt.” Wu Gan said that, during the Two Sessions (political meetings earlier this month), the government sent two female mental health counselors to speak with him. Over and over again, they attempted to coax him into admitting guilt. Wu Gan asked the Tianjin Second Detention Center to tell the authorities that they needn’t waste their resources by sending anyone else, because these two women had failed to convince him, with facts and universal values, that what he did was wrong. He said that the fact that they were using coercion and deception to make him admit guilt is enough to prove that what he did was right — that it was good for the country and the people, and could stand the test of time.

Wu Gan reiterated his two guiding principles: first, he would never do anything unscrupulous; second, he would never sack his own lawyers and retain lawyers designated by the government.       

Wu Gan said that he has gained more than he has lost during the ordeal of the past nearly two years. He was able to reflect on many aspects of his past experiences; he learned how to triumph in the midst of devilish cruelty; he learned how to live close quarters and long term with all sorts of criminal suspects, but not sunk to their level.

We both enjoyed our conversation and wished we had more time. Around lunchtime we said our goodbyes and ended our meeting at the repeated urging of several police officers.

Ge Yongxi (葛永喜)
March 24, 2017

 


Related:

Bill of Indictment Against Rights Activist Wu Gan, January 12, 2017

Wu Gan the Butcher, a profile by Yaqiu Wang, July 22, 2015