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The Nightmare – An Excerpt of Lawyer Wang Yu’s Account of 709 Detention and Torture

Wang Yu, November 13, 2017

 

Wang Yu (王宇), born 1971 in Inner Mongolia, was a lawyer with Beijing Fengrui Law Firm when she was abducted in the early morning of July 9, 2015. The date of her detention marks the beginning of, and gives name to, the most notorious human rights event over the last two years – the 709 Crackdown. She was released on bail on August 2016, but until recently Wang Yu, her husband and son have been sequestered in an apartment in Ulan Hot, Inner Mongolia, under severe surveillance. The family returned to their home in Beijing recently. Below is an excerpt of Wang Yu’s account of her first two months in Beijing from July to September, 2015. She is currently writing the second part of her 709 ordeal in Tianjin. Her account is part of the book titled The People’s Republic of the Disappeared: Stories From Inside China’s System for Enforced Disappearances that was just released this week on Amazon. While the book’s focus is on China’s practice of secret detention known as “residential surveillance at a designated location,” China Change adds Wang Yu’s account to that of Xie Yang and Xie Yanyi, expanding our translation about the 709 torture. Section titles are added, minor edits made by China Change for clarity. — The Editors

 

 

 

So often, after picking up my pen, I found myself just putting it down again. I always felt that they were memories hard to look back upon, but that if I didn’t record them in time, eventually they would fade away. So I forced myself to write this time. I became stuck many times in the process and couldn’t continue. I often had to stop and take a few deep breaths; otherwise I would become very depressed. — Wang Yu

 

The Break-in and the Abduction in the Morning of July 9, 2015

Shortly after 11pm on July 8 2015, I had just said goodbye to my son Bao Zhuoxuan (包卓轩), who was heading to Australia to study, and my husband, who was accompanying him. Initially I had planned to go with them to the airport, but since the flight was at midnight my husband worried about me returning home alone. They drove off in a taxi outside our apartment building without even waiting for me to come down to say goodbye. I called to ask them to phone again after they had passed security check. I couldn’t control my sadness and cried on the phone. Even though I was trying to comfort my 16-year-old son, I was the one choking. My husband couldn’t bear to hear our parting words, so he hung up. After the brief call, I went upstairs to prepare for a trial the following day. Later, after having changed into my pajamas and gotten into bed, I still couldn’t stop thinking about my son. I couldn’t fall asleep.

It was after 1am and I still hadn’t received a call saying that they had passed immigration. I tried reaching them but neither of their phones connected. At first, I thought it was because they didn’t have a signal, but I had called many times, up to and after their scheduled takeoff time, and it was the same. I was growing worried. I sent some messages to friends in WeChat and Telegram groups, hoping they could help with some ideas. I called the airline, but couldn’t get through.

Without warning, the lights in my house went out, along with the internet, and immediately I heard the sound of someone trying to force open the door. Frantically, I sent out a message on social media, and everyone expressed their deep concern. One person replied asking if my lock was strong. I said it was, that Bao Longjun (包龙军) had changed it recently, and selected the strongest available lock, worrying that I wasn’t safe alone at home. Another person replied suggesting that I put an obstacle in front of the door but I thought this wasn’t necessary. If they could get through the door, then any obstacle would be useless. However, thinking back, if I could have put an obstacle between them and me, then it might have delayed them entering the room, and given me more time to spread the information of my abduction on social media, or to contact trusted friends and alert them directly.

I walked to the door, demanding, who is it? The sound of forced entry stopped as suddenly as it had begun. There were no more noises for a while. I sent another message to the groups, telling them that whoever it was must have left. Maybe they had just wanted to scare me. This type of situation had happened to a friend of mine before; they had just come to harass and intimidate him. I told the people in the chat group to just go to sleep. It was already 3am. I was still worried that I hadn’t heard anything from my son and husband, and couldn’t sleep, so I continued trying to reach the airlines, but nobody answered.

An hour later, at around 4am, I was shocked by a piercing noise. It sounded like they were trying to force open the door with an electric drill. I shared this message to the Telegram group immediately, and jumped out of bed. I tried to phone for help, but before anyone could answer, someone had already broken through the door, and was instantly upon me. The light from his headlamp flashed into my face as he spoke, “Don’t move! We’re from Beijing Public Security Bureau.”

It had only taken a few seconds from the moment I heard the drill before they were inside.

“Who are you? How dare you break in? Show me your identification,” I demanded.

I hadn’t even finished speaking before more than a dozen people were inside, pushing me onto the bed, handcuffing me with my hands behind my back. In almost the same movement, someone was forcing a black hood over my head. He had a Tianjin accent.

Since I had already been illegally detained several times in the past by Public Security or court police during certain cases—you can imagine how much risk a lawyer with legal professional ethics faces in China—I wasn’t immediately too scared. I tried to struggle, but it was impossible to make any difference as a woman against such a large number of attackers.

Two women in the group dragged me out. I tried getting the neighbor’s attention, shouting loudly: “Don’t drag me. I can walk by myself!” After they had dragged me into the elevator, I started crying. I asked them to release my handcuffs, saying they hurt my wrists. I knew there was a camera in the elevator, and hoped my lawyer might later be able to get the video record of that day.

They dragged me downstairs and threw me into a van. From what I could see from under the hood, there was a person in the seat in front of me. He looked like a boss. I sat in the back seat, two women on either side of me. Another three or four sat behind us.

Soon, I heard the vehicle in front of us starting to move; we pulled out of the housing unit, and I heard a few more cars following behind.

I cried the whole way, repeating what I had said in the elevator. The handcuffs were too tight. I repeated that they were supposed to show me their identification. A woman behind me, growing irritated, told me to shut up. But as she spoke, I detected a sense of fear in her voice, as if she was even more nervous than I was. I replied that if she were bound in tight handcuffs, then she would also feel pain. She had a bad temper. Suddenly, she reached from behind me, pressed down on my head, and tried putting a gag in my mouth. But I shut my mouth tightly. Maybe because the car was moving and she didn’t have a good enough position to push me from behind, she gave up.

Afterward, I could feel that my hood was even tighter. I shouted: “I am suffocating. Someone give me some air!” A woman beside me adjusted my hood a little, and I could see a sliver of sky out of the side. The sky was just getting light.

Forced to Strip off in Front of Surveillance Cameras

……

This hidden location was where I would stay for the next month. Besides the roughly 20 girls who took turns monitoring me, and a few interrogators, I never saw another person.

They removed my black hood and handcuffs. I could see that we were in a cell built according to standard detention center layout. There was a long corridor, on the other side, another door, outside of which was the so-called exercise yard. Inside the room, on the right side, there were ten single beds close to each other, with a table beside the first bed. Bed sheets and pillows were stacked on several of the mattresses. There were two small plastic stools by one side. On the floor, a 40x40cm square was painted in red, and beside it another line painted in yellow; squares and lines presumably for controlling movement. A large sheet of glass separated the corridor from the bathroom, with a gap between for coming and going, but everything inside was clearly visible. There was a toilet, a sink, and a pipe with no nozzle for the shower. Three cameras lined the wall, with another camera in the bathroom. Later, I saw the label “207” written on a cup. I assumed that was my room number.

I asked if we were in a detention center and was there anyone else here. The room was so big for just one person, such a waste. They replied that I was the only one.

I was only allowed to sit in the square framed line they had painted on the floor. I wasn’t allowed to make any movement outside the red and yellow lines; otherwise the armed police had the right to take any action against me. Again, I was told I needed to ask for permission before doing anything.

Another girl came in and told me to remove all my clothes. She claimed it was a routine inspection. I pointed out that that morning they had provided the clothes I was now wearing, I had just arrived, and had been surrounded by their people the whole time. “What could you possibly want to check?” Looking at the mounted cameras in the room, I said we should at least go into the bathroom; otherwise it was just intentionally insulting me.

She said no.

I was told to take off all my clothes, stand in the middle of the room for inspection, and to turn my body three times. I objected to this insulting order. But these young girls didn’t care.

They rushed forward, pushed me against the floor, and stripped me. I was crying, and pleading with them at the same time. Why would they insult me like this? Why didn’t they have any compassion? Why were they so violent to a small woman like me?

Perhaps I am a very traditional woman. I think the violent stripping off my clothes was the cruelest torture I endured.

 

王宇律师

Wang Yu (王宇)

Iron Handcuffs and Shackles

I demanded to speak with their superiors, to address this violent insult. At first, I was ignored completely. Later on, a man came in; he looked brutal and tough. He introduced himself as the team leader in charge of the facility. I told him what I had just gone through, that the action they had taken was illegal, that there were rules about it in detention center regulations, that it clearly violated my rights, and that I wanted to issue a complaint with the procuratorate. As I spoke, he was observably angry. He left without saying anything or letting me finish what I had to say.

Moments later, he returned with an even meaner looking man following behind him. He looked like a monster, with big eyes that shined with a brutal and evil light, a dark face, and crew cut hair. He was holding handcuffs and shackles in his hand.

The team leader gave the order, “Put them on her!” That monster grabbed my hands and feet, and handcuffed and shackled me. The handcuffs were not the normal type, but designed specifically for torture, made of pure pig iron, with tough 1cm thick rings.

My wrists became swollen after wearing them for a day, and even more than one year later my wrists still look a little black.

The shackles were also made from pure pig iron, the two rings even thicker, and in between them was a long chain with more than a dozen flat round links.

After putting me in handcuffs and shackles, the team leader left with these harsh parting words: “Didn’t you want to meet the procuratorate? Don’t you want to follow the law? This is it! If you don’t behave well, we have something worse than this.”

The shackles were very heavy. I almost couldn’t walk as I was thin and small. The two guards appeared shocked. It seemed that they had never seen this kind of situation before. It was hard to accept the reality of my situation. I had acted calmly; reasonably pointing out their illegal behavior, and in exchange, I got this kind of torture.

Besides thinking about the heavy handcuffs and shackles, I was still reflecting on the moment that they had stripped me, and I still hadn’t slept properly. I felt dizzy; my stomach was brewing up a storm. I was going to vomit. I wanted to go to the bathroom, but I couldn’t move. The two girls helped me. These two were the most compassionate of the many who took turns guarding me, but unfortunately, I never saw them again after that day, perhaps because they showed their softness.

Sleep Deprivation and Psychological Torment

……

It went on like that. I was forced to stay inside the small painted square during the day, suffering at the hands of these young girls. If my leg or a foot were out of the square, even by just a tiny bit, they would warn me or slap me. Sometimes they didn’t allow me to drink anything at all, even if there was water in the room. I never had enough water. And after it got dark, the three interrogators would return, and initiate another kind of suffering.

After three days passed like this, the interrogators changed their attitude. They no longer insulted or admonished me; instead they poured me a bottle of warm water as soon as they arrived.

Then, during breakfast and lunch on the fourth day, after having just had a few bites of my food, the two young guards told me that mealtime was over. I tried explaining that I had just started eating. They repeated that mealtime was over. I quietly put down my chopsticks. I am not allowed to eat, I thought. Okay then! I won’t eat. I would see what new tricks they were up to.

I was also considering another problem. Although they were all working together to hurt me, I was too weak to take them all on. I didn’t have enough energy to argue with them about their illegal behavior. This place was totally isolated: any law, report, accusation, procuratorate were all so far away.

That evening, I couldn’t stand it anymore. While they were still trying to persuade me to speak with them, I slowly felt my heart constrict, my breath became short, I felt dizzy. My body couldn’t hold out any more. It was so painful I felt like I was going to die. My consciousness was slowly slipping away. My body fell from the chair. The interrogator dragged me back onto the chair. To prevent me from slipping out again, he restrained my chin and shackled my legs. They called in a woman who looked like a doctor. She opened my eyes, said I was okay, and then walked out.

At that point, Chief Wang [the chief interrogator] said: “If you die here, you will just become another Cao Shunli.”

Indeed, I felt that I was dying. I had entered an empty state; a pain that is hard to describe. I couldn’t breathe. I felt pain in every part of my body. I felt that my soul had already drifted away. That day, I thought, I really was like a dead person. I spent another sleepless night strapped in the chair.

On the fifth night, three interrogators came to speak with me again. They were still trying to persuade me to speak with them. They mentioned my son, but in a way that they were obviously holding back some information. I asked them harshly, “What have you done to my son? He is just a kid. It is too shameless of you to threaten me by using my son!”

“We didn’t do anything to your son. He is good, just under our control. He didn’t make it abroad, but that’s okay. Once you get back, he can still go.” Maybe because I am so close to him, I couldn’t conceal my concern. This divulged a weakness for them to exploit. From that moment on, over the following year, they would often mention my son. When I did finally get back home after a year, I learned he had been under house arrest; that he had been prohibited from studying abroad; and had been monitored by more than a dozen guards every day.

He was so young. At just 16 years old, he had also become a victim of the regime. My heart was devastated. A regime that uses a mother’s son to threaten her is shameless to the extreme.

It was around 4 or 5 in the morning, nearly dawn, when I fell unconsciousness again. There were countless golden sparks flashing in front of my eyes, every time I opened them. I saw the vague outline of three deformed interrogators. I felt that my life was fading away little by little. I couldn’t stand it anymore.

I told them, I would talk, but I needed to have a rest first, otherwise I wouldn’t be able to stay alive.

I would only talk about myself. I would not answer any questions about other people.

At that, they finally left, and allowed me to sleep.

On the morning of the sixth day, the three interrogators came back. They didn’t wait until evening this time. Chief Wang looked very happy and smug. He told me, “I will ask them to undo your handcuffs so that you can have a good shower.”

After that my daily schedule started to improve a little. I was almost permitted enough sleep. But since I hadn’t slept at all for five days and nights, my sunken eyes and dark bags under my eyes never recovered. I still have heart problems now.

Chief Wang went out for a while and then came back with the team leader and the “monster” to remove my handcuffs. The team leader pretended to look very sorry for me, like he was doing me such a big favor.

“Normally, in here, once we put handcuffs and shackles on someone, we keep them on for at least 15 days. Today Chief Wang asked us to remove them for you, so we will remove your handcuffs first, and only keep the shackles on you for two more days.”

They took my handcuffs away. My wrists had become seriously swollen from the friction. If they hadn’t taken them off, my hands would have been ruined.

When they removed my shackles on the seventh or eighth day, all of a sudden I felt my body was much lighter, just like the Chinese idiom, as light as a swallow.

When I reflect back on those days, I think perhaps God was protecting me. Somehow I didn’t get sick. Normally, I easily catch cold and or otherwise get sick, but in the early days of my detention my vitality and resistance were so strong. When I reflect on Chief Wang’s words, “If you die here, you will just become another Cao Shunli,” it really makes me reflect on Cao’s death all over again. [Wang Yu was Cao Shunli’s lawyer]

Interrogation

Over the following 10 days or so, they interrogated me three times a day. The sessions would end only when the meal arrived, but the night interrogation lasted longer and later.

They began by asking about the cases I had represented, six in particular. They asked who had requested me to do the cases; how they had found me; who had introduced me; about the signing of the powers of attorney; and who had paid my lawyer’s fee; etc. I replied that the cases they were asking about were definitely the more important cases I had done but that I had posted all the details on my Weibo and Wechat, and that they could get the information they wanted from those platforms. I explained that because my Weibo had been blocked, they would need special access. I pointed out that there was nothing illegal about those cases because I had already made them public.

They asked about my few trips abroad. They asked who had invited me; how they had contacted me; how I had traveled; who had bought my tickets; how many days I had been away; who had gone with me; and what kind of activities I had done there; etc.

They also asked about the workshops and gatherings I had attended a few times inside China. I told them that normally I was busy with my cases, although I participated a few times in a workshop or rights defense gathering, but not often. I was always busy, so I didn’t have the brain capacity to remember these kinds of things.

Later on, they asked me to talk about my impressions of many people, such as Zhou Shifeng (周世锋), Wang Quanzhang (王全璋), Liu Sixin (刘四新), Wu Gan (吴淦), Huang Liqun (黄力群), Xie Yuandong (谢远东), Li Heping (李和平), Xie Yanyi (谢燕益), Zhang Junjie (张俊杰), and Hu Guiyun (胡贵云) [mostly 709 lawyers and activists].  I told them I was a very typical feminist and didn’t have much contact with these male lawyers, explaining that I didn’t know them well and so I had no comment. In an attempt to sow discord, they often told me things such as: “Zhou Shifeng already said others use you like a gun. There is someone behind you. Zhou also said that you are stupid and will do any case.”

They sometimes brought notes from Zhou Shifeng to show me, but I was not sure if they were real or not. Each time I told them that he had the freedom to say what he wanted, and that as a lawyer I would not allow others to tell me what to do. No one else has the right to tell me what to do. I take full responsibility for my own actions.

Toward the end of July, they tried persuading me to write a so-called confession letter and to deliver it on television. I refused without a second’s thought. I would not write anything and would never go on their TV to confess.

 

Wang Yu hooligan sparrow

The documentary Hooligan Sparrow portrays Wang Yu and a group of activists who traveled to Hainan province in 2013 to help young  school girls sexually exploited by their principal. Here is Wang Yu handing out fliers to passersby.

 

Transfer to Tianjian

On the morning of August 7, the team leader took me to the so-called “Beijing Tongda Hostel” (北京通达招待所). We could hear the sound of an airplane circling in the sky overhead every day. At first, I thought we were near one of the airports, but afterwards I learned from a base manager that it was the same location as my previous detention facility, on the edge of Beijing, inside a military base, in a small town in Hebei Province.

That day, Chief Wang came to tell me that the crime I was officially now suspected of was “inciting subversion of state power” and so they had changed my coercive measure to Residential Surveillance at a Designated Location.

I was speechless.

……

Into September, they almost didn’t come at all any more. Before, there were five teams of guards, with two-hour shifts. Now I had three teams per day, with three hours per shift. Those girls worked constantly. Their faces looked sallow.

On the afternoon of September 8, Chief Wang appeared out of nowhere. He hadn’t come for a long time. The Tianjin interrogator was with him. He said that there was good news. He would not be in charge of my case anymore. The Tianjin interrogator was taking over. He told me to get ready. They would come back to pick me up and take me to Tianjin. I thought, how is this good news?

After I had had dinner, the team leader came in and told me to be ready to go once he came back. He took out his gun and waved it around. I didn’t know what he meant.

They put me in a black hood and two girls took me away from this so-called “Beijing Tongda Hostel” where I had lived for the past month. They handed me over to some Tianjin girls, who took me into a vehicle. We waited in the car for more than an hour. Then I heard many cars leaving one after another. After more than two hours, we arrived at the “Tianjin Jinan Hostel.” What fate awaited me there?

—————-

Since being “released on bail,” I have often wanted to write about my experiences. But so often, after picking up my pen, I found myself just putting it down again. I always felt that they were memories hard to look back upon, but that if I didn’t record them in time, eventually they would fade away. So I forced myself to write this time.

I became stuck many times in the process and couldn’t continue. I often had to stop and take a few deep breaths; otherwise I would become depressed. It is a scar that has not healed for my family and I, even until today.

After I finished writing the story above, my spirits almost collapsed. Reliving these episodes was even harder than the moments I was actually there. I don’t know why. While I was experiencing it, I didn’t feel scared. Sometimes I had even adopted a “play” attitude in order to face it. It was almost fun to engage in a “battle of wits” with my captors and interrogators. But when I reflect back on these experiences now, it’s hard, and I can’t imagine how I was able to handle it. Sometimes, if I think about if it were to happen a second time, I ask myself: would I be able to handle it again? Perhaps this is what is meant by “secondary trauma.”

 

 


Related:

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

Transcript of Interviews with Lawyer Xie Yang (2) – Sleep Deprivation, January 20, 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 (4) – Admit Guilt, and Keep Your Mouth Shut, January 22, 2017

A Record of 709, Xie Yanyi, October 15, 2017.


 

Two Years on: An Update on Lawyer Wang Yu, the First 709 Detainee, China Change, July 7, 2017

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

 

 

 

A Record of 709

Xie Yanyi, October 15, 2017

 

Xie Yanyi (谢燕益) is one of the twenty or so 709 detainees during China’s sweeping, still ongoing crackdown on human rights lawyers and activists. He was held incommunicado  from, July 12, 2015 to January 18, 2017, in Tianjin. As a human rights lawyers, Xie Yanyi’s career spans from 2003 to the time when he was detained, representing dozens of cases involving religious freedom, freedom of speech, forced expropriation of land and property, corruption, local elections, political prisoners, and more. Meanwhile, he has been known for passionately advocating democratic transition in China. During the 553 days of disappearance, his wife gave birth to a baby girl, and his mother died without him knowing it. In September he posted a book titled “A Record of 709 Crackdown and 100 Questions about Peaceful Democracy in China” in which he recounted his experience during the six-month secret detention and following year in Tianjin Second Detention Center. He is the second 709 lawyer, after lawyer Xie Yang in Hunan, who has spoken out about torture and other degrading treatments perpetrated on human rights lawyers and activists. On September 6, Xie Yanyi posted an open letter to Xi Jinping, the Communist Party, and fellow Chinese, calling for an end to the one-party dictatorship, releasing all political prisoners, and setting the course to transition China into a constitutional democracy. Predictably, he has been harassed and threatened by police. China Change is pleased to bring you translation of excerpts of Xie Yanyi’s recollections and reflections on 709 atrocities. The Editors   

 

Xie Yanyi

Xie Yanyi (谢燕益). Photo: online

 

The Police Are Here

I got home in the middle of the night on July 11, 2015 and fell asleep right away. The next morning, not long after I had gotten up, I heard a knocking at the door. I looked through the peephole and saw Captain Wang’s men from Domestic Security. I tidied up a bit and opened the door. They wanted me to go to the office of the neighborhood committee for a little chat. I went there with them, where Miyun District domestic security personnel had been joined by Beijing domestic security. They asked about the same old things. At a break in the conversation I went to relieve myself and discovered that people from Domestic Security were following me into the bathroom. It was then I realized the gravity of the situation. Our conversation continued until noon, when we had fast food in the office. We had just finished eating when ten or so plainclothes officers burst in. The first one flashed his badge at me. He said he was from the Tianjin Public Security Bureau and asked if I was Xie Yanyi. I said yes. I saw from his badge that he was surnamed Liu. Then he handcuffed me. I protested, but no one paid attention. They swarmed around me as I was led downstairs. We got into an SUV, where I sat in the backseat between two men. There were about two or three cars following behind us . We sped off. Soon we arrived at the Miyun Chengguan police station (密云城关派出所). There was an interrogation room equipped with an iron chair that the suspect could be buckled into. They made me sit there to begin my questioning. This was the first time in my life I had been handcuffed and interrogated. At first I was confused, but once I was sitting I calmed down. I had no idea that it was just the beginning of a long ordeal and contest.

The Black Hood

At nightfall I was taken out of the police station. Not only did they handcuff me again, they also put a black hood over my head. I was escorted to an SUV. It sped off as soon as it hit the highway. I naively wondered if they were just doing this to frighten me. Maybe they’ll just drive in a circle and then bring me home? But the car kept going at top speed, and there was no sign of stopping. I was cramped, wrapped in place by the people on either side of me. And I was nervous. I felt like they had tied the hood too tightly and that it would suffocate me. I asked them politely if they could take it off, promising I wouldn’t act out if they did, but they said it was an order and they had to follow. I then begged them to loosen it a little so I could breathe, but they didn’t pay any attention to me. Then I reasoned with them, trying to win their sympathy, and asked again if they could loosen it a little. The man in the passenger seat shouted, “You won’t suffocate to death!” When those words fell on my ears, I realized that pleading was no use. I should instead stay as calm as possible.

About an hour later the car reached its destination. I couldn’t see anything and had no way of knowing our exact location. They had me get out of the car and squat down. Soon a few people came and did what seemed like a handover procedure. As they talked, I sensed I was being handed over to army troops. They changed my handcuffs but didn’t remove the hood. After we had gotten into another car, I turned to the soldier on my left and mentioned my difficulty breathing. Would he mind loosening the hood a little so that I could breathe through the gap? This soldier pulled the black hood up a little bit. I took the opportunity to thank all of them profusely for their kindness. In response, the soldier on my right pressed a little bit less against me. Not longer after our car entered a compound. We were let in by the gatekeeper, then drove up to a building. After a bit, someone called me out of the car. The men on either side of me took me into the building and told me to watch my step. We went up to the second floor and turned right into a room, where they told me to stand facing the wall. Someone came and took the hood off my head, then told me to strip naked. Then I was asked to squat twice. They searched my body to see if I had hidden anything.

The Special Room

When they were done inspecting me they had me turn to face them, then starting taking photos. They took away my clothes and gave me two sets of soft, casual clothes. One man announced the daily schedule for me and informed me that the next day I was to study the prison rules and regulations posted on the wall. Everyone left except for two soldiers, who stood on either side of me. I asked them if I could rest. They said no, that according to the rules I had to wait until 10:30. So I sat down and read the rules. Then I sized up the room. It was not quite 20 square meters [66 square feet]. To the right of the entrance was a bathroom. A single bed stood against the outer wall of the bathroom. To the right of the bed was open space. Opposite the bed was a padded desk draped with a blue tablecloth. In front of that was a soft high-backed chair. At the far end of the room a heavy curtain was pulled over the window to keep out the light. The walls were completely padded. Even the corners of the desk, the foot of the bed, and the chair were padded and rounded. Around 10 they told me I could get ready for bed and gave me a toothbrush, a towel, and a spoon. Even the handles of the toothbrush and the spoon were rounded and made of rubber. If I wanted to use the bathroom or do anything else, I had to announce my intention and be granted permission before I could proceed. There were always two soldiers guarding me. When I slept at night one would watch me from the head of the bed, the other from the foot. It seemed all these measures were meant to keep me from killing or mutilating myself.

The Interrogation Begins

On the first day, I got into bed as soon as it was time to rest. I couldn’t fall asleep right away, as my mind replayed the events of the day and I considered what fate could be in store for me. Everything felt like half-dream, half-reality. Just as I was about to drift off, someone charged into my room, booming, “Get up and clean up. The special investigation team (专案组) wants to see you!” I had no choice but to get out of bed and get dressed. I moved the toothbrush and other things from the desk to the bed, then sat down and waited for the special investigators. I thought, “The grueling interrogation is about to begin.”

Two men came in. One looked to be over 40 years old, tall and strong. He said his last name was Jiang (姜). The other man was a bit shorter, bespeckled, a little fat, around 30 years old. Later he would call himself Cao Jianguang (曹建光). The first night they questioned me until four or five in the morning. I had just collapsed into bed when the on-duty soldiers woke me up again. After breakfast the interrogators came back. A tall, skinny man wearing glasses had replaced one of the others from before. He said his last name was Wang (王), so I called him Old Wang. (Nearly a year passed before I learned from someone else that Old Wang isn’t surnamed Wang, but Yan [严], so now I call him Lieutenant Yan.) The first two, if I’m right, were from the Beijing Public Security Bureau, while Lieutenant Yan is from the Tianjin PSB. I would see more of him after I was transferred to Tianjin.

They also asked me to confess, but I had nothing to confess. It was unbearable in the beginning. I became aware that I might not get out in the short term, and that I needed a plan, so I thought of writing a letter to my wife. My wife had just told me she was pregnant. We already had two boys and were supporting a large family, but our shared faith doesn’t permit abortion. She had secretly taken out her birth control ring. Then I was taken away, and that was where our conversation ended. I told the special investigators that I wanted to write a letter to my wife. At first they said no, then added that they had to ask for instructions. That evening I started to fast. Besides protesting my illegal detention and demanding the letter, I also hoped to make my psychological crisis a physical one, to divert my attention from the mental pressure through the pain of hunger, and to give myself some happiness when I did eat again. I fasted for over 72 hours, until lunch on the fourth day. They gave me pen and paper. The guard added that if I fasted again they would feed me through a tube.

The interrogations continued as usual every day. Sometimes they would question me three times in one day, morning, afternoon, and night; or else twice in a day.

Transfer to Tianjin

Just before noon on September 8, 2015, I was told to inventory the items they had confiscated from me and sign the list. That night I was informed that due to building renovations I was to be transferred. Right then we left the residential surveillance location in Beijing, and I was secretly transferred to a residential surveillance location in Tianjin. It must have been in a People’s Armed Police building, since I was guarded by armed police officers. (The place in Beijing must also have been a PAP building, too. I think it was in the Xiaotangshan area of Changping, Beijing. I remember when I was there often hearing the sound of fireworks nearby. Perhaps it wasn’t far from a cemetery or a crematorium?)

In Tianjin they took off the white gloves. They did all sorts of things to get me to confess: starving me, forbidding me to move my legs, beating me, intimidating me, forcing me to sleep in a fixed posture, disciplining me. For half a month I was made to sit on a block for 16 hours straight every day.

I was kept in Room 8, facing rooms 11 and 12. I saw these numbers once through the gap in my blinders when I was taken out for my room to be disinfected.

What Happened October 1-10 Above Room 8?

At about 9 a.m. on October 1, I distinctly heard someone above me fall hard onto the floor. There was a soft groan, then no more sound. It seemed like someone had just been given an electric shock. From October 1 to 10, nearly every day I heard interrogations, howling, and moaning in the middle of the night in the room above me. That was when I decided that I absolutely had to control myself, find a way to get out as early as possible, and expose this torture.

I guarantee this is not a hallucination. I hope the day will come when people on the outside can see the site of this terrible torture with their own eyes: the room above Room 8 at the 709 residential surveillance location must be a special room. I often heard them moving all kinds of equipment, dragging it here and there. There was the incessant sound of installation and adjustment, lasting for two months straight at least. I don’t know what happened up there. Just before the 709 residential surveillance came to an end—that is, in the last few evenings before the 709 detainees were formally arrested in early or mid-January 2016—from Room 8 I heard people organizing files, stacking papers on top of each other. It often sounded like meetings were being held up there, too.

Devils in White

After I was transferred to Tianjin, it was around October when they suddenly started giving me daily checkups. They would take my blood pressure and check my heart rate. I could tell they were nervous. Every other week or two they would bring in an electrocardiogram and check my heart. With this change I realized some among us must have started having health problems. There was a Director Zhou, and a doctor who I think was named Liu He, who examined me. Every doctor and nurse was expressionless and stony-faced, like robots. They did not interact with me beyond routine business, and I never felt a drop of good will from them. I had no way of knowing their names or identities. This was terrifying. They did whatever the higher-ups told them to do, regardless of how I felt about it. If I made a request of any kind, they either would ask the special investigators for instructions or simply not respond at all. You would think they were angels in white, but the more I saw them, the more they seemed like devils in white.

Taking Medicine

While in Tianjin, nearly all of the 709 detainees, as I’ve since learned, were forced to take medicine. Every day a physician would bring the medicine, and every time they would shine a flashlight in my throat to make sure I’d swallowed. It was about four white pills each time. They said I had elevated transaminases and that it could be a problem with my liver. But I’m a vegetarian. I don’t smoke, I don’t drink. I’m in good health and haven’t had any health problems. I’m also not in the habit of taking medicine. I think everyone’s body is unique. Even if a certain indicator is high for someone else, for me that same reading could be just fine. I tried reasoning with them several times and refused to take the medicine. Then the physician, the discipline officer and the warden had to come force feed the pills to me. I had no choice but give in. After about two months the medicine stopped.

Xie Yanyi, Yuan Shanshan2

For a few months in mid 2016, Xie Yanyi’s wife Yuan Shanshan (原珊珊) was constantly moving with her baby to evade police harassment. Watch Sky News Video.

Sitting on the Block

At first I had a high-backed chair in my room. Then it was swapped for a block with nothing to lean on when I sat down. I sat there for at least 12 hours a day, sometimes as much as 16 hours a day. When you’re sitting on the block you are not allowed to rest your hands in your lap for support, andthe on-duty soldiers carry out orders to the letter. You can all try sitting on a block, or a stool, without resting your hands, so that you only have the strength of your back to support you. An hour is fine. What about ten hours, a hundred hours, a thousand hours? Few of you will be able to imagine it. If you aren’t cooperative during an interrogation, all they have to do is to put you on that block, and you will succumb to their control.

I’ll give an example. Once I asked to revise an interrogation transcript. They beat me and boxed my ears. For more than ten days after they only gave me half rations, nothing more than a few bites of vegetables and one small steamed bun or a few mouthfuls of rice. For 16 hours, from morning to night, I had to sit, and when I slept I had to hold a posture as dictated by the guards. They asked me to sit on the block like a soldier: head up, chest out, back straight, hands on knees. Except for using the bathroom, I was not allowed to move at all from 6 a.m. to 10 p.m. In the end I sat so long that my legs tingled and went numb. When I had to relieve myself, I physically couldn’t. They don’t have to beat you and they don’t have to curse at you. All they have to do is make you keep sitting like that. You’ll either die or be crippled.

Interrogation Questions

Day after day the interrogations went on. Starting with my lawsuit against Jiang Zemin (江泽民) for violating the constitution and popular will by staying on as chair of the Central Military Commission in 2003, to the 2005 signature campaign to help lawyer Zhu Jiuhu (朱久虎), to advocating for direct election of members of the Beijing Lawyers Association in 2008, to signing Charter 08, to the China Human Rights Lawyers Group, to human rights cases I had taken on over the years, to rescuing fellow lawyers, to petitions, to letters of appeal I had written, like the one calling for Tang Jitian (唐吉田) to have his right to practice law reinstated, and the one calling for the release of Chen Yongzhou (陈永洲) and the protection of his rights as a journalist; from raising funds at a seminar in Zhengzhou for the lawyers detained in Jiansanjiang (建三江), to Liu Jiacai’s (刘家财) incitement of subversion case, to Zhang Xiangzhong’s case (张向忠), to Falun Gong cases, to Xu Dong’s case (许东), to the Qing’an shooting (庆安), and on and on, and then to taking the position of legal advisor in Qin Yongmin’s organization Human Rights Observer (秦永敏,人权观察), to helping Qin Yongmin himself; from giving interviews to foreign media, to my participation in academic symposia in Hong Kong, to my compilation of Roads of Faith (《信仰之路》), to the articles on peaceful democratic transition I had posted online, and even to a dinner I had organized in Beijing in early 2015—they asked me about all of these.

When they asked about other people—who was at a particular event, who had participated—my default answer was: I don’t know, I couldn’t quite remember. I insisted on this during the endless interrogations, but as long they didn’t get what they wanted they wouldn’t stop. When they had tried everything, when they had asked me repeatedly and I wouldn’t comply, they brought printouts from the internet, my communication history, online records, to verify with me one by one. They were the ones who brought up theoe names, but in the interrogation transcripts, they made it look as though I had given these names to them. Later, they didn’t even bother to play this trick; instead they would simply type up “transcripts” and have me sign them.

But early on and often I vowed to them that I wouldn’t hurt anyone. I insisted that my actions had nothing to do with anyone else, that I’d take full responsibility for all my deeds, that I respect the facts and the law, and that I would not shirk my own problems.

They took great pains with me, because they also had to report to their superiors. If I didn’t sign, that meant I didn’t comply, and that would be their failure. They told me if I made it difficult for them, they wouldn’t let me go. If I had a bad attitude, they had all sorts of ways to torment me. Once you’re in the detention center, if you don’t cooperate, they punish all the inmates in the same cell and don’t let them have daily yard time. In short, they had a thousand different ways to force me to submit, but one thing is certain: during more than a year and a half of interrogations , I didn’t identify a single person, and I didn’t give them a single piece of information that would implicate anyone else.

Their method is to turn everything upside-down inspecting your computer, your phone, your books, your possessions, your contacts, all records of your life. From elementary to high school, your parents, your family, your relatives, your friends, everything about you is in their grasp. It is a boundless war (超限战), meaning there is nothing they won’t do to get what they want. For example, they showed me photos of my newborn daughter, videos of my son in class and playing the horsehead fiddle; and they threatened to detain my wife, Yuan Shanshan (原珊珊). That nearly broke me.

Walking

Walking was the only diversion I had.  Except for when they forbade me to move at all, every day I asked the two soldiers for permission to walk back and forth the two or three meters between my two minders. By my rough estimate, I must have walked at least a couple of thousand kilometers during my six months of secret detention. At first walking was one of the greatest pleasures, but later on I walked so much I hurt the ligaments in my knees. But still I told myself to keep walking. I was afraid that they would take away this one small freedom from me.

Disappearing Money

In February or March 2016, Lieutenant Yan and Officer Li came and had me inventory my credit cards, bank cards, ID card, household registration, and personal records, and had me sign a statement about my confiscated possessions. They said as soon as I signed they would send everything back to my wife. I noticed right away they didn’t have a laundry list of the items, yet this document I had to sign stated that “all of the above-mentioned items were on my person [at the time of my detention].” I didn’t know whether to laugh or cry, but I objected immediately. It was summer when they detained me and I was only wearing shorts. I had had nothing on me besides my keys and some loose change. In any case, it makes no sense for anyone to carry his or her household registration and personal files. But if I didn’t sign they wouldn’t send anything back. My wife had to care for our three children and she doesn’t work. She needed those documents. I had no choice but to sign. When I got out, however, I saw that hundreds of thousands of yuan had vanished from my bank account. I heard that Chen Guiqiu (陈桂秋), lawyer Xie Yang’s wife (谢阳), also saw all her savings evaporate overnight. To this day, the bank has been evading my inquiries about my account activities during my detention.

Red Vests

All of the 709 detainees wore red vests in the detention center. Ordinary criminals wear blue vests; death row inmates and people convicted in certain corruption cases, like the 2015 Tianjin explosions, wear yellow; and inmates who are ill wear green. Red is for the highest level of inmates, the ones dealt with most strictly. My vest number was 166. I know that Wu Gan’s (吴淦) is 161 and Xing Qingxian’s (幸清贤) is 169. I was in cell C5. One of them was probably in C6, the other in C7. We were all close by, but red vests were forbidden from seeing each other and were questioned separately. I had to ask permission to do anything, including drinking water or using the toilet. The HD cameras set up in the cell monitored our every move. Every day when I had to relieve myself, the on-duty cellmate would go to the intercom by the door and report this to the discipline officer. Once the discipline officer approved, two cellmates would lead me to the bathroom, one in front of me and one behind. I never spent a cent on anything in the detention center, both in protest of the substandard meals and of the unsightly one-upmanship that went on among my fellow inmates. I went on eating my ration of cabbage every day. It was true that, several times, the detention center sent me food and supplies (I suppose they did the same for the other 709 detainees, too), and on those occasions I’d have a share for myself and distribute the rest among my cellmates. And the moldy peanuts my cellmates threw away were my favorite treat.

Confession

People have asked me if I gave any oral or written confessions. In those 500 long days, I wrote at least two notes of repentance. For the first one I wrote the bare minimum. I didn’t use words like “confess” or “repent,” and I put the primacy of human rights, peaceful democracy, and the rule of law at the core of my self-criticism. They weren’t satisfied and forced me to write another note. In the second one I admitted that I had incited subversion by advocating for peaceful democracy in my writings. At last, when I had done what they had asked, they didn’t forget to make me title it “Note of Repentance.”

Let me explain my thinking at the time: First, I wanted to make things a bit easier in case I had to stand trial, the sooner to rejoin my family. Second, I told myself that I had to get out and bear witness to the torture we were suffering, to keep the public’s attention on my peers still in prison, to help others avoid this treatment, and to pave the way for this whole injustice to be reversed! Third of all, I was completely cut off from the outside world. They found all kinds of ways to keep me in submission: not letting the cell block out for exercise if I was uncooperative; telling me everyone else had been released except for me; showing me the videos of the trials of Zhai Yanmin (翟岩民), Hu Shigen (胡石根), Zhou Shifeng (周世锋), and Gou Hongguo (勾洪国), and of Wang Yu’s (王宇) televised interview, and showing me their confessions and notes of repentance; playing me videos of my kids; showing me the photo of my newborn daughter; and on and on.

Once they dressed me up and taped me reading a statement they had prepared. They promised me up and down that the video was only for their superiors, not for the public. They made me write things and videotape things. I once told them in no unclear terms that all of this wasn’t about my own needs but about their superiors’. To me, whether I was inside or outside prison I would shoulder my responsibility just the same, and neither was easy.

Courtroom Dream

As I watched Hu Shigen’s trial, I was stunned, and inspired, by the look in his eyes. I also made plans for the worst. In the court, Mr. Hu admitted that he was guilty of subversion of state power, but he also used the opportunity to lay out his political theory, turning CCTV and many other  state media outlets into his podium. He expounded on the three factors of peaceful transition to a constitutional democracy and the five proposals. I thought that if the day came for me to stand trial, I would do the same as Mr. Hu and present to the public the concept of peaceful democracy and the policies to implement it. It was just like they say, seek and you shall find, a result befitting my years of devotion to the effort to realize peaceful democracy in China. I imagined the scene in the courtroom. If my family could be there too, I would also tell my children, “Daddy loves you. Daddy can’t go fishing or catch grasshoppers with you anymore. Daddy is doomed to miss your childhood. But Daddy hopes you will remember that conscience has no price.”

Troubled Interrogators

The interrogators, I sensed, were not at ease doing what they did. From the highest to the lowest, they were beholden to personal interest, force, and power. They had no moral sense, each ready to jump ship if he had to save himself. The 709 case, I would say, was a hot potato from the very start. I was questioned by people who called themselves Old Jiang and Cao Jianguang (both from Beijing), Old Wang (who turned out to be surnamed Yan), Liu Bo (Lieutenant Liu), Officer Li (Tianjin), and two or three others whose names I don’t know. There was also one from the Ministry of Public Security who might have been surnamed Liu, who recited the Heart Sutra for me. They said that, year in and year out, they dealt with cases involving the big tigers, the highest-level officials. They were clearly not just ordinary public security bureaucrats. The thing is, though these insiders looked and acted strong, they knew full well that they were breaking the law and that this time they were facing extraordinary opponents. I could sense that nearly every one of them wavered at one time or the other, feeling tormented themselves and not knowing what to do. Then there were the armed police who guarded me. Except for the cruelty of the imprisonment itself, I clearly sensed their conscience, their natural goodness, and their disapproval of the atrocities perpetrated against me.

Residential Surveillance at a Designated Place

This coercive practice known as “Residential Surveillance at a Designated Place” is probably rooted in intraparty struggles and corruption investigations. In recent years it has spread and been legalized. In Party parlance this form of custody is known as “double designation” (双规) or “to be isolated and investigated.” It can be perverse or straightforward, lax or strict. It all depends on the demands and preferences of whoever’s in charge. It is essentially domestic discipline—extrajudicial punishment.

Xie Yanyi, returns home to wife and children

Xie Yanyi was released in January 2017.

When you are under residential surveillance at a designated place, such as I was, there is no outside mechanism to monitor the process, no channel for relief, not even a legal mechanism to protect your health or your sanity. Your family and your lawyers are left in the dark, unable to meet or communicate with you. No one even knows if you’re alive or dead. In the process abuse and torture are inevitable. This is why cases continuously emerge of unusual deaths, mental illness, and bodily harm occurring during the residential surveillance.

I Challenge You

Since I was released I’ve felt conflicted. I wanted to expose these crimes, but I didn’t want to hurt anyone, not even the perpetrators. After much consideration, I still decided to speak what I know, because even exposing the criminals would benefit their children and their grandchildren. I would like here to address the head of the Tianjin Public Security Bureau, Zhao Fei (天津市公安局局长赵飞), and his subordinates: I believe that yourselves and the special investigators all have the qualifications, as well as the duty, to stand up and explain the 709 case to your superiors, including the Supreme People’s Procuratorate, the Central Committee of the CCP, the Central Commission for Discipline Inspection, and the entire nation. What happened? What exactly did these lawyers and citizens do? Is what they have done legal or illegal? Reach into your conscience and tell us: Are their actions and conduct truly harmful to a country, a people, a society? Were they defending the rule of law and human rights, or were they committing crimes? Who exactly is afraid of them? Who ordered you to torture these lawyers and citizens? What were you trying to accomplish? Why did you pick Tianjin to handle the 709 case, as it went against procedural law? Who made that decision?

Director Zhao Fei, I demand that you stand up and tell your fellow countrymen why you let torture happen under your watch. What was going on in the room (the torture chamber) above Room 8 from October 1 to 10? What happened to Hu Shigen? What happened to Wang Quanzhang? What was the plan for 709 crackdown? Who planned the Cultural Revolution-style trials of public opinion and the media smear campaigns? How did you get government-appointed lawyers involved? Whose despicable idea was it to force some of us to confess and to televise the confessions? Who gave you the right to tape the 709 detainees? You didn’t even make exceptions for the young paralegals Zhao Wei (赵威) and Li Shuyun (李姝云). You labelled these 20-somethings subverters of state power. Who decided to turn everyone into an enemy of the state? Who decided to charge us with picking quarrels and provoking troubles first, then switch the charge to inciting subversion of state power, and finally to subversion of state power itself? As a law enforcer, did you give expert legal advice to your superiors? Who ordered the cruel and criminal treatment of the detainees—the secret detentions, the starvation, the sleeping postures, the ban on movement, the 16-hour sessions of sitting like a soldier? Who ordered that we be forced to sign the transcripts of our interrogations, deprived of our right to petition, deprived of our right to defense, forced to take medicine? Who ordered you to appoint lawyers for us against our will and devise all kinds of tactics to intimidate us? Who sent the procurators and special investigators to coax me and try to change my mind? When you confiscated my possessions, why didn’t you inventory my credit cards, my bank card, my ID and all the other items? Why haven’t you returned what you took from me? Who gave you the right to monitor the phones and online communications of citizens?

Calm in the Storm

My time inside was hard to endure. The detention center is a bit better; residential surveillance is much worse. Truth be told, I was eager to leave my imprisonment the first three months, but then I slowly settled down. After I got to the detention center they continued to interrogate me regularly and try to persuade me to do their bidding. They even enlisted my cellmates and the discipline officer to change my mind. I told them that they were the ones who were fretting over gains and losses, and that, for me, it wouldn’t matter if things turned out to be one way or the other. At this age, I told them, I shoulder my responsibility when I’m on the outside, and I do the same when I was sitting in prison. Sitting in prison might even be a bit easier and quieter.

Having reached an equilibrium, I really look down on them: some of their ideas and ways of doing things are so low and so despicable. They aren’t worthy opponents in intelligence or ability. I pity them more and more. They deceive, they bluff and they fret. They put on an act in front of me. As for me, I have learned from experience the power of the Dao: the have-nots conquer the haves, the calm conquer the restless, the weak conquer the strong.

 

Excerpted and translated from Chinese by China Change. 

 


Related:

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

Transcript of Interviews with Lawyer Xie Yang (2) – Sleep Deprivation, January 20, 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 (4) – Admit Guilt, and Keep Your Mouth Shut, January 22, 2017

Crime and Punishment of China’s Rights Lawyers, Mo Zhixu, July 23, 2015.

 

 

 

 

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.