China Change

Home » Posts tagged 'torture' (Page 2)

Tag Archives: torture

709 Crackdown Three Years on: Mother and Lawyer Reveals Brutality Against Her Teenage Son for the First Time

Wang Yu, July 1, 2018

 

Wang Yu (王宇), born 1971 in Inner Mongolia, was a lawyer with the 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. That same evening, her husband and son, en route to Australia for the son to attend school, were also detained. Wang Yu and her husband Bao Longjun, also a lawyer, were released on bail in August 2016 and the family of three was sequestered in an apartment in Ulan Hot, Inner Mongolia, under severe surveillance. This continued until late 2017, when they were allowed to return to their home in Beijing. Wang Yu has not been able to resume her legal practice because of government obstruction.

Wang recounted her experience in secret detention in the early months of 709 Crackdown, and her forced TV denunciation of the American Bar Association’s inaugural Human Rights Award. Growing up and attending high school in Beijing, Wang Yu’s son Bao Zhuoxuan, 15 years old in July 2015, was briefly detained and then uprooted from home and school and taken to Inner Mongolia to live with his maternal grandparents. In October 2015, a few friends of Wang Yu inside and outside China devised a plan to help the young man by bringing him out of China secretly. It failed; Bao Zhuoxuan and the two adults accompanying him were captured near the Burmese border and brought back. After being held for two and half years, Bao Zhuoxuan was finally allowed to leave China early this year to study in Australia. While he has not spoken about his experiences, his mother Wang Yu spoke out for the first time in a recent interview with The Epoch Times. The following excerpts were translated by China Change and edited for clarity. — The Editors

 

 

WangYu_Protest

In April 2015, three months before she disappeared, human rights lawyer Wang protested against expropriations of farmland and properties in Suzhou, northwest of Shanghai. Photograph by AP Images/Kyodo, via ABA Journal.

The first time I tried to talk to someone about this [what my son has gone through], I simply couldn’t go on — I just wept and wept.

My son has never talked about it with me in detail; for us to talk about it is like being traumatized all over again. It pierces my heart. I’ve avoided going into depth with my son about his experiences. It was only through fragmentary words with my son, both sets of grandparents, and aunts, that I have learned a bit about what happened to him.

On July 9, 2015, my husband was taking our son to the airport as he was preparing to go to Australia for senior high school. I never imagined that the two of them would be arrested. At almost the same time, they came to our home, drilled out the lock, and in a few minutes had invaded my apartment. A gang of men came in, bowled me over, slapped on handcuffs, put a black hood over my head, then hauled me downstairs and stuffed me into the waiting vehicle. In other words, on the morning of July 9, our entire family was arrested.

Then, my son was taken to a hotel in Tianjin — I think one of the popular chains like ‘Ru Jia’ (如家) or ‘Seven Days’ (七天) — locked in a room, and monitored by police every day. Zhuoxuan resisted and tried to force his way out. He’s only 15 and slightly built at around 100 jin (110 lb.); one of the police officers grabbed him and instantly tossed him to the ground, or onto the bed, then picked him up and slammed him back down over and over again. The kid was really worn down by it, exhausted, and just slept. Three days after he was detained his aunt came to pick him up and take him to his paternal grandmother’s place, and after that he was taken back to the home of his other grandmother, my mother, in Inner Mongolia.

Growing up, my son had always attended top schools in Tianjin and Beijing, and he was all set to go to Australia for his studies, but now he was detained and exiled to far-flung Inner Mongolia in a city township to study. He found it very difficult to adjust to it all.

During custody, when they told me that my son was captured while trying to smuggle out of China, I passed out. I still feel the terror just thinking of it now. It has to be the most horrific moment of my life.

Friends told me that when they brought my son back from Burma, they put handcuffs and leg irons on him! People who haven’t been put in handcuffs and leg irons probably don’t know, but wearing them is torture. They did so gratuitously because there was no way my son, so small, could run away with so many police around him. How could they slap handcuffs and leg irons on him? I couldn’t get over it.

According to grandmother, in the Yunnan public security bureau, the police slapped him around, quite a lot, in the face. I cry whenever I talk about this. They made my son frame other people. They told him exactly what he had to say. He didn’t agree, so they hit him, with a thick, long wooden staff. They started at him in the lower back, moving higher and higher, smashing it into his back, while yelling: “If you don’t write what we say, we’re going to go all the way up to your head and smash your skull in.” My son begged for their forgiveness, responding: “Don’t hit me, it hurts too much, I can’t take it anymore; just write what you want and I’ll sign it, isn’t that enough?” This is how badly they beat my son!

In the early days after my husband and I were detained, my son did his part to fight back. He reached out to a dozen or so lawyers to find legal counsel for us. But he was a child after all, and easily controlled by the police.

Before I was released on bail, my son was living at my younger sister’s apartment. Police installed themselves in the apartment opposite hers; same with my mother’s, with police living opposite, on 24 hour shifts, watching them over. When my mother or my sister went out, whether buying vegetables, exercising, or going to the hairdresser, the police were there following.

When my son came home from school every day he would lock himself in his small bedroom, wouldn’t let anyone else in, and shut the window tight. He put himself in a completely closed-off state. This was right when the boy was in his adolescence, when he was naturally inclined to resist external control. Yet now, he not only had his independence stifled, but was stripped of his privacy and made to live under the lens of surveillance cameras, followed by state security police everywhere he went!

After I was released on bail, our whole family was exiled to Ulanhot in the east of Inner Mongolia. The state security police rented an apartment for the three of us. They themselves occupied the apartment opposite ours, so they could watch us 24/7. We were on the third floor. There were three surveillance cameras in the hallway, three facial recognition cameras, another camera downstairs in the entrance, another outside, and dozens of cameras affixed to the buildings surrounding ours. Whatever Bao Longjun and I did, even taking out the trash or running errands, the police would come downstairs and follow us around.

Every morning two or three police would come and take my son to school; two or three would then bring him back in the evening. There were three cameras pointed at him in his classroom, as well as cameras in the school corridors, and even a special monitoring room at the school where personnel could watch my son on monitors. Several state security officers patrolled the school.

My son lived under these conditions for two years. Mentally he was in a terrible state.

After I came home, I took him to the doctor, who said he was depressed. I thought to myself that I just couldn’t let my son keep living in this environment anymore, or he’d be ruined for life.

Before my son left China in January of this year, I never once slept a full night through! I feel that as long as my son is in this country, he’ll face danger — and I have no idea when or what harm will befall him! For us adults, whether it’s being put in detention or under house arrest, I think we can bear it, and we have learned to live with it. But with my son, no matter how old he is, we want to put him under our wing and look after him. But in China, parents can’t even look after their own children! It was only after my son left that I felt relieved.

Televised Confession: ‘I Was Sick to my Stomach Worrying About My Son’

In the early days after I was arrested on July 9, 2015, the police interrogators tried to get me on TV.  I resisted and resisted more. In the end though, I gave in because of my son.

On about July 31 or August 1 2015, they put me into a car and hooded me. I had no idea what was outside, and I just heard one of the interrogators saying: “Ah, the CCTV’s Big Underpants don’t look bad at all!” So I knew we’d arrived at CCTV. I got taken into a room and they took the hood off, so I used my hair to cover my face, because I didn’t want them filming me. They said they were going to turn the camera on, and I cursed them out and said I didn’t want to be filmed. After that, one of the women said: “Lawyer Wang, if you don’t want to go on camera, we won’t force you. Just go back. If you want to be recorded later, we’ll be waiting.” I said: “You needn’t wait. I definitely don’t want to go on camera. I never wanted to go on camera. If you wait, you’ll be waiting in vain.” They sent me back. From what the interrogators said, it appeared that this woman was the very famous CCTV anchor Zhang Quanling (张泉灵). That time I managed to resist, and they didn’t get what they wanted.

Come one night in October, the police barged into my room in the middle of the night and woke me up yelling. They showed me two pieces of paper: the first, a facsimile from the public security department of Yunnan Province to the public security department of Inner Mongolia, saying that Yunnan public security organs had arrested a number of people attempting to steal across the border, one of which was my son, Bao Zhuoxuan, from Inner Mongolia; the second was a photo of my son. In the photo, he was leaning against a wall, which had on it measurements, making clear that it was the kind of mugshot made for suspected criminals who are being detained. Atop the photo it said: “Criminal Suspect Bao Zhuoxuan.” The moment I saw this, I fainted. My mind went blank.

They went to get a doctor, and when I came to there was a person in a white gown who gave me some antihypertensive drugs to lower my blood pressure. An interrogator said that my son had been kidnapped and the police rescued him; but since he had crossed the border illegally, he was being detained.

The interrogator said: “Do you want to save your son or not? If you want to save him, you need to make clear your stance and denounce those ‘anti-China forces.’” I asked back: “What are you talking about?” He wrote on a piece of paper the line he wanted me to repeat.

Every time I was interrogated, the police used a computer to transcribe the interrogation, and the  computer’s webcam recorded it. So they said: “We’ll record you, you just state your stance, just say that you denounce the ‘anti-China forces’ who kidnapped your son. Then we will show it to the leaders in the Ministry of Public Security. If the leaders think that Wang Yu has really come around on her standpoint, they’ll let your son go.” I said: “You’re not going to put this on television, are you?” He said: “It definitely won’t go on TV.” So they shot that small piece of footage using the computer’s webcam, and the officer even said: “See? We just used the webcam to record it, not a camera. So it’s definitely not for media use. If we wanted to use it for media, we’d be using a proper, professional camera.”

After that they kept persuading me: if you want your son to go abroad to study, you have to be released from detention first, etc. They tried to negotiate, saying: “If you want your son to leave China, you need to first get out of detention, and if you don’t agree to go on television, then we can’t release you.”

I thought it over a long while. If it was just me going to prison for several years, I wouldn’t have cared so much. But I felt that I had to get out to be with my son, and do whatever it takes to send him out of China. So, for my son and my husband, I finally agreed to their demands to be recorded, do what they said, and read out the script they wrote for me. That was August 3 or 4, 2016, a year after I’d been taken to CCTV.

Only after I relented did they let me go.

My husband was very upset about the fact that I agreed to it. He was furious. Initially my son also thought that it was a disgrace. There was a period when the two of them would make cutting remarks to me or mock me for it. I felt I was under so much pressure. In the end I asked Zhuoxuan: “Son, do you think that it would have been better if I refused to go on television, and your mother and father were sentenced to a few years prison? Or is it better that I agreed, lost face, but we were able to be together?” He said: “I want my mother with me! Mama hasn’t lost face!”

Being a Lawyer in China, Before and After the 709 Crackdown

In the past, as one of China’s legal professionals, I felt that I wasn’t going to help this government deceive the people — I thought that since you promulgated this and that law, and you allowed me to be a lawyer, then I had no choice but pursue the rule of law! I knew that I might be suppressed because of that, but I couldn’t go against my conscience, or be used as an instrument of the judicial system like some lawyers, putting on the garb of a gorgeous legal worker while assisting the government deceive the public. I couldn’t do that, or I’d be deceiving my clients, deceiving society, and most importantly I’d be cheating my own conscience — I’d feel that I didn’t live up to my conscience!

Now I think that China simply has no law! It has some words called ‘the law’ over there, which they say are for everyone to follow, but they use it to limit and restrain citizens. Those in power are above the law.

There are 300,000 lawyers in China, and the number grows annually. The majority, however, are simply ‘flower vases’ — they’re put there to make outsiders and Chinese people who don’t know the truth think: China has the rule of law, has so many written laws, and so many lawyers.

The fact is that all these forms, including the public security bureau, the procuratorate, and the courts, are all meant for the creation of a false image of China being a country with the rule of law. In fact, China has no rule of law, and it has no law. The ‘709 incident’ is further proof that there is no such thing as rule of law in China! Nor is there law!

I’m bereft of hope. After being arrested this time, I just felt like we’d gone back to the Cultural Revolution era. Coming out of ‘709,’ I don’t believe we can make any impact as lawyers.

The essence of the rule of law is the restriction of government power. Yet the Chinese Communist Party uses the law as an instrument to strengthen its rule — and in so doing, lawyers are necessarily an instrument for strengthening their rule. This fact puts the legal profession in an extremely conflicted, awkward position.

If this system doesn’t change, China’s so-called rule of law is nothing but a sham. I don’t believe it.

 

 


Related:

The Nightmare – An Excerpt of Lawyer Wang Yu’s Account of 709 Detention and Torture, Wang Yu, November 13, 2017.

How Lawyer Wang Yu Was Made to Denounce the American Bar Association’s Human Rights Award in 2016, May 9, 2018.

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

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

War on Human Rights Lawyers Continues: Up to 16 More Lawyers in China Face Disbarment or Inability to Practice, China Change, May 14, 2018.

 

 

 

 

A Hearing With Chinese Characteristics: How the Beijing Lawyers’ Association Helps Persecute Human Rights Lawyers

Xie Yanyi, May 21, 2018

 

Xie Yanyi, who turned 43 this year, is a lawyer in Beijing who has taken on numerous human rights cases over his career. In April 2015 Xie led a small group of rights lawyers seeking restitution after the police shooting of passenger Xu Chunhe (徐纯合) at the Qing’an railway station in Heilongjiang, and later published a legal investigation of the incident. This case is believed to be one of the fuses leading to the 709 (July 9, 2015) mass arrest of lawyers, and Xie Yanyi was one of the scores of lawyers arrested during that crackdown. He was accused of inciting subversion of state power and detained for 553 days, until being released on probationary bail. Last year Xie published  ‘A Record of 709 and 100 Questions About Peaceful Democracy’ (709纪事与和平民主100问》), in which he described the torture he suffered while in custody. Since his release, he has continued his involvement in human rights cases, representing among other clients the Canadian citizen of Chinese origin and Falun Gong practitioner Sun Qian (孙茜).

The Chinese authorities view rights lawyers as a threat, and following the 709 crackdown, they have been targeting lawyers by canceling their law licenses, prevented them from finding employment, and using a variety of other illegal and extralegal tactics in an attempt to destroy the rights defense community. Xie Yanyi has again become a target. The following is Xie’s account of the Beijing Lawyers’ Association’s hearing on May 16 about his alleged ‘violations,’ a step toward disbarring him. It has been edited for length and clarity with the author’s permission.  — The Editors

 

IMG_2640

Fellow human rights lawyers and citizens showed up to lend their support.

 

How It All Began

In late January 2018, my law firm received a ‘Notice of Case Filing’ (《立案通知书》) from the Beijing Lawyers’ Association (BLA). It said that the Beijing Municipal Justice Bureau had recently received a complaint from the Yinchuan Municipal Intermediate Court and Municipal Procuratorate in Ningxia, accusing me of violating regulations while handling a case in the city. The notice announced that the BLA had begun an investigation.

On July 27, 2017, I was the defense counsel in the hearing of second instance in the prosecution of Falun Gong practitioner Xie Yiqiang (谢毅强) at the Yinchuan Intermediate People’s Court. At the hearing, I demanded that the court, per the law, produce the audiovisual evidence that formed the basis of the charges, and that I be able to cross-examine the defendant. These protestations were met with crude interruptions by the judge, He Wenbo (何文波). The judge refused to play the audiovisual evidence. His refusal was a violation of China’s Criminal Procedure Law (《中华人民共和国刑事诉讼法》),  and in the end I was forcibly removed from the courtroom, thus depriving me of my right to defend my client.

After being ejected from the court, I submitted a formal request — again, according to both China’s Criminal Procedure Law and relevant provisions of the Supreme People’s Court — that the court provide me with the recording of the hearing. I also repeatedly engaged with the disciplinary inspection commission and other departments of the court, submitted a complaint, and tried to make an appointment to meet with the court’s leadership. All of them appeared to know that they were in the wrong, and refused to meet me, profferring all manner of excuses. During one phone conversation He Wenbo, the presiding judge on the case, demanded to speak with me, which I refused. Afterwards, I lodged complaints with the Yinchuan court’s disciplinary commission against the public security bureau, procuratorate, and judicial officials responsible in the first instance for the wrongful imprisonment of Xie Yiqiang.

After I learned of the alleged ‘violations’ being investigated by the BLA, on February 13 I requested a hearing on the investigation, and demanded of both the BLA and the Beijing Bureau of Justice that they provide the evidence on which the complaint against me was based. This request was ignored. On May 4 the BLA informed me that the hearing was set for May 16. In an attempt to establish my defense, I again demanded they provide the recording from the Yinchuan courtroom and any other related evidence — and again, this was refused (illegally). At this point I submitted Freedom of Information (FOI) requests as well as an administrative complaint with the Beijing Bureau of Justice as well as the Beijing No. 2 Intermediate People’s Court. Both accepted my requests and were in the process of filing them. I therefore submitted a request with the BLA that the hearing be postponed until all relevant administrative and judicial proceedings were completed. Yet the BLA ignored my request, and continued with the May 16 hearing.

Before the Hearing: Police Barricades, Journalist Beaten, and My Arrest

In the early morning of May 16, myself and my attorneys Song Yusheng (宋玉生) and Wen Donghai (文东海) arrived at the BLA building in the Dongcheng District of Beijing. Police vehicles and numerous unidentified people — presumably undercover officers — had been deployed, with guards at the door preventing journalists, lawyers, and regular citizens from entering and observing the proceedings. Even my relatives were denied admittance. As I stood on the sidewalk getting ready to speak with journalists, including from Hong Kong’s Now TV and Japan’s NHK, a group of men calling themselves police rushed over and began separating us. They used the excuse of ‘verifying IDs’ and ‘maintaining order’ to clear everyone out. I demanded that they show their IDs and explain which laws they were supposedly acting under. I said that police power is bounded, that they can’t abuse it, and that they need to respect freedom of the press and the Beijing Lawyer’s Association itself. They ignored all this and confiscated the ID card of Now TV’s video journalist Chui Chun-ming (徐骏铭). The journalist was extremely anxious to get it back, so I tried to help. But as soon as he had his ID in hand, a group of unidentified men rushed over, surrounded him, and snatched it away as they punched and stomped him. I tried to step in and stop them but was myself attacked, grappled around the neck and arms, and my clothes ripped. They shoved me into a car and rammed me down between the front and back seats. I started yelling at them: “Everyone here is a slave — it’s just that you’re slaves in charge of other slaves, and you don’t need to do this!”

 

IMG_2670

 

When the car got out onto the road, one of the police officials in the front got a phone call; he turned around and asked me: “Do you want to be locked up, or go back to your hearing?” I said that I couldn’t care less, and if the hearing didn’t go ahead that’d be even better. In the end they drove around the block and dropped me off at the back of the BLA building. They, along with the BLA officials (secretary-general Xiao Lizhu [萧骊珠] and disciplinary committee member Mr. Chen) then told me to go directly to the hearing room. I told them I needed to see my wife and two-year-old daughter, who had been crying out ‘dad’ behind me as the policeman hauled me away. A group of the officers had me hemmed in and prevented me from going outside to see my child. I said to them that even if you had no regard for the law, you should at least act humanely.  I forced my way to the exit, saw my wife and daughter, and greeted the many strangers and friends who had turned out in support. And I once again tried to negotiate with the officials, to allow people to enter and observe the hearing.

They ignored me, and didn’t let me linger at the entrance, instead forcibly escorting me back into the building and the hearing room.

The Hearing Itself

At the beginning of the hearing, I stated that because my rights to review evidence had been denied, procedures violated, observers banned, and everything was being controlled by domestic security police (国保), the hearing had no independence or legitimacy, was neither fair nor impartial, and that BLA was willingly being used as a tool for the persecution of lawyers. I said that my primary reason for attending the hearing was to witness with everyone present the violations of law taking place, and to make an account for history.

After that, the moderator of the hearing introduced to us the members of the hearing panel: Wen Jin (温进), Sun Hongyan (孙红颜), Hu Shuichun (胡永春), and investigator Lu Li (鲁立)(they were members of the BLA’s ‘professional disciplinary and meditation committee’, on which Wen Jin and Hu Shuichun served as vice-directors). Myself and my two counsel asked the members of panel in turn whether they were aware that I had submitted a FOI request and had begun legal proceedings. We also raised the fact that I had been denied my right to review evidence. Finally, we pointed out that the hearing’s procedures did not confirm to Article 58 of the All China Lawyers’ Association’s ‘Rules of Discipline for Lawyer Association Members’ Violation of Regulations’ (《律师协会会员违规行为处分规则》), which stipulates that “if facts or matters of dispute directly related to the case are brought into a lawsuit, arbitration proceedings, or there are circumstances that prevent the investigation from proceeding, then with the approval of the head of the disciplinary committee and president of the board of directors, the investigation may be suspended. When the relevant procedures have completed or relevant circumstances no longer present, a decision can be made as to whether or not to resume the investigation. The period of suspension is not counted toward the time limit of the investigation.”

Given their professional ability and questions around potential conflict of interests, we requested that all of the panel members recuse themselves.

FullSizeRender

Xie Yanyi’s wife vented her anger: You thugs! You tortured him, now you are going to take his livelihood away! https://twitter.com/CHRDnet/status/996557879283998720

There was a ten minute adjournment. When the hearing resumed, our request for the panel’s recusal was rejected, and the hearing proceeded to hear the evidence that prompted the  investigation. The investigators had almost no such evidence — they had neither the recording from the Yinchuan courtroom, and nor had they shown any judicial opinions or explanations. They merely showed us a blurry, two-page facsimile of the supposed court transcript that wasn’t even stamped with an official chop. I know why this was the case — everyone involved in the case knows perfectly well that Falun Gong cases are false and unjust prosecutions in the first place, and no one wants to publicly endorse this willful miscarriage of the law.

Despite repeated interruptions, I finished reading through my 5,000-6,000 word ‘Defense and Rebuttal’ (《申辩书》), and my two counsel then stated their own legal opinions in my defense.

I asked the panel: Had the Beijing Bureau of Justice and the BLA seen the full (i.e., unedited) recording of the hearing in the Xie Yiqiang case, and had they seen the case files and materials? I asked their thoughts or reflections regarding this abuse of power involving a judgement that circumvented the law, trampled on the Criminal Procedure Law, and flagrantly deprived a lawyer of his right to defend his client. I asked: Have the Beijing Bureau of Justice and the BLA got a few words to say about a lawyer’s rights to practice, and the dignity of the law, given that these are the organizations’ statutory duties? I added: The opposite appears to be the case, with you here illegally stripping a lawyer of his professional rights.

IMG_2667

After the hearing. Left to right: Wen Donghai, Xie Yanyi, and Song Yusheng.

In conclusion, I said: “If myself, Wang Quanzhang (王全璋), Yu Wensheng (余文生) and other 709 lawyers were really guilty of any crime, it would be ‘the crime of taking the law seriously,’ ‘the crime of speaking the truth,’ and ‘the crime of diligently defending the client.’ Today, whether I’m outside fighting for the rights of journalists, the rights of observers, or everything I’ve said and done in this hearing room, all of it is to fight for the rights and dignity of every individual, and for the welfare of our future generations, including the future generations of those in power right now. Only if we respect the rule of law will this society escape chaos and turmoil. I believe that the vast majority of Chinese people, whether in or outside the official system, want the best for this society, and hope that it will progress toward human rights, peaceful democracy, and the rule of law. Every one of us has a responsibility. As long as all of us is willing to lean just a little bit in this direction, we’ll be able to see it realized. Of this I am confident!”

After the Hearing

As soon as the hearing finished, secretary-general Xiao Lizhu (萧骊珠) took me aside into a large conference room. Inside was my elder brother Xie Wei (谢维), a friend from our hometown, and a domestic security agent identified as Sun Di (孙荻). It seemed they had already talked matters over. Sun said that my brother would accompany me as they took down some simple notes. Then, four or five uniformed police officers came in with official recording equipment. The first came in and, in a show of following the rules, presented his police identification badge, identified himself as Wang Lei (王磊) (the one who questioned me later was officer Wang Xin [王鑫]), and handed me a notice of summons which said that I was suspected of obstructing the work of official organs in the lawful exercise of their duties. Given that they were now playing by procedure, I signed it and went along with them to the Hepingli police station (和平里派出所) and sat down in the third floor interrogation room. They didn’t forget to ask whether I was hungry or thirsty; I said I wasn’t for the time being.

Then, several batches of people came to talk with me. I told them that I’m happy to chat with them, but that if it’s an interrogation, I refuse to answer all questions in protest of the illegal summons. So, I spoke with each of them in turn, with discussions often turning into debates. Without exception they insisted that their right to enforce the law must not be violated; I in turn emphasized that law enforcers cannot themselves violate and abuse their power, nor enforce the law with malice aforethought.

After going at it like this back and forth for five or six hours, I found that the young policeman who’d been violent earlier on was now much less irascible. He was now avoiding eye contact, as though he was worried I’d hold him accountable later on. I told his bosses and colleagues that he’s still a young fellow, and I’m not going to go after him or any individual.

At around 6:00 p.m. one of the domestic security agents told me I could leave, and asked me to talk to my wife. After my wife Yuan Shanshan (原珊珊) heard that I had been taken away, she went to the Hepingli police station, and demanded all the paperwork about my case. In the course of this she got into an argument with one of the police officers, and in the end was herself apprehended, handcuffed, and detained. Thus, within one day my daughter had witnessed her father be violently dragged away by police, then seen her mother also taken away, on both occasions crying out for her mom and dad.

In the days leading up to the hearing, my wife had taken my daughter to the BLA to get a copy of the evidence, keeping vigil there for over 30 hours. I tried to convince her not to do that, but she wouldn’t listen and said it wasn’t for me alone, but for the rights of all families. Indeed, when the Hong Kong journalist was arrested and beaten, she dropped everything and tried to help him and cursed out the police. Most of the videos of the scene were shot by her. My wife hasn’t stopped fighting back!

Some Reflections

The actions of Dongcheng police outside the BLA building were all for the illegal purpose of preventing me from speaking with the press. Similarly, forcing the journalist to write a ‘repentance statement’ and serving me an illegal summons after the hearing, was also intended to stop me from talking to the press, or exposing their illegal conduct.

In a normal society, the duty of police officers is to protect the rights and dignity of citizens, and to put a stop to illegal conduct and orders, no matter their pretext. Safeguarding some imagined notions of ‘state security’ and ‘social stability’ is not the legal duty of police.

I hereby thank all friends who attended the hearing and traveled to the police station to express support, including (among many others): Liu Juefan (刘珏帆), Zhang Baocheng (张宝成), lawyer Bao Longjun (包龙军), lawyer Lu Tingge (卢廷阁), lawyer Ma Wei (马卫), lawyer Sui Muqing (隋牧青), Li Yanjun (李燕军), Sun Dongsheng (孙东升), Wei Huasong (魏华松), Li Yue (李约), Li Wei (李蔚), and lawyer Tang Jitian (唐吉田).

 

May 19, 2018

 

 


Related:

 

 

 

 

 

War on Human Rights Lawyers Continues: Up to 16 More Lawyers in China Face Disbarment or Inability to Practice

China Change, May 14, 2018

 

disbarment, collage 1

disbarment, collage 2

 

Following the ‘709 crackdown’ — a large-scale attack against human rights lawyers that began on July 9, 2015 — China has continued to target this small group (about 0.1% of China’s 300,000 lawyers) who have taken on cases to defend basic human rights and other forms of social injustice. While torture and imprisonment have failed to cowe them, the government is now resorting to simple disbarment, or more subtle techniques, like preventing them from getting work so as to force their licenses to lapse, in order to take human rights lawyers off the field. The government regards this group of lawyers and those they defend a threat to communist rule; their determination to eliminate them is meeting with success, and the onslaught appears likely to continue and deepen.

China Change has reported several recent cases of disbarment, such as that of Sui Muqing (隋牧青), Yu Wensheng (余文生) and Zhu Shengwu (祝圣武). The following is an overview of 16 more cases of lawyers who are facing imminent disbarment or forms of harassment that prevent them from practicing law.

This campaign to remove lawyers who defend human rights, or any lawyer who is outspoken or rejects governmental control through the Lawyers’ Associations, appears to be deliberate, coordinated and sweeping. As we prepare the following list, more cases of threatened disbarment have continued to emerge; we will keep our readers updated.

Meanwhile, we are reminded by lawyers we correspond with that many human rights lawyers who face neither disbarment nor inability to practice also face increasing obstacles to doing their jobs: the justice bureaus have demanded that lawyers must report to the bureaus the cases they take on; recent news says that judicial bureaus want to implement a ‘grid-style’ control system over lawyers; Party cells are being set up in law firms; and lawyers are required to disclose to the judicial bureaus their religious beliefs, social media accounts, and other personal information.

As the authorities set about their rectification campaign against rights lawyers and strip them of their right to practice law, plaintiffs in human rights-related cases are having a difficult time finding defense attorneys, a circumstance that is likely to get worse as time goes on.

Lawyers Who Have Been Arrested During the 709 Crackdown

Xie Yanyi (谢燕益)

In April 2018, lawyer Xie Yanyi found that his license to practice law had been marked ‘void’ on the website of the Beijing Bureau of Justice — though he had personally received no such notice. On May 4, the Beijing Lawyers’ Association informed him that a hearing would be held on May 16 regarding his alleged violation of regulations. The notice said that Xie was being investigated for suspicion of violating regulations during his representation of a client in Yinchuan, Ningxia, who was being charged with ‘using an evil religious organization to undermine the rule of law’ (the legal terminology used by the courts in Falun Gong cases).

Xie YanyiThe authorities have been using the excuse of ‘conducting an investigation into violating regulations’ on a past case simply to provide some pretext for cancelling a lawyer’s license to practice. Xie is the latest victim of this method.

In January 2017, not long after Xie was released on bail, he continued taking on cases at his original law firm, including the well-known case of the Canadian citizen of Chinese heritage and Falun Gong practitioner Sun Qian (孙茜).

On Sunday, Xie Yanyi requested postponement of the hearing, stating that his oral and written requests for copying materials that support the so-called ‘violations’ have gone unanswered, and that he is thus unable to defend himself during the hearing.

After being released from prison, Xie penned a “Record of 709” in which he described being tortured while in custody, as well as the authorities’ threats against his wife as a form of psychological torture.

Li Heping (李和平)

During a detention of nearly two years, Li Heping was subjected to an inconceivable degree of torture, including hands and ankles being chained together for over a month. He got through by silently reciting passages from the Bible and thinking how much his six-year-old daughter needed a father. On April 25, 2017, the Tianjin No. 2 Intermediate People’s Court held a secret trial on Li Heping’s alleged subversion of state power. Three days later he received the sentence to three years imprisonment, suspended for four years, as well as the deprivation of political rights for four years. Li declined to appeal. On May 9 the same year, after the appeal period had expired, Li was released and allowed to return to his family.

Li Heping screen shotLi Heping is one of China’s earliest human rights lawyers, having been harassed and beaten by police for his work since 2007. Before the 709 crackdown he worked with a foreign NGO documenting cases of torture in custody and conducting anti-torture training classes.

On April 25, 2018, Li received notice from the Beijing Bureau of Justice that his law license was to be revoked — they said that according to Chinese law and regulations, lawyers who have deliberately committed crimes and been sentenced must have their professional licenses cancelled. Li rejected this explanation and demanded that a hearing be held about his case. On May 7, a man came to Li’s house to sever the notice, and Li scrawled the following on the receipt: “This is a great injustice. This is a false case, a case of political persecution. The truth will ultimately see its day!”

The hearing about Li’s law license will be held at 3:00 p.m. on May 17 at the Sunshine Halfway House (阳光中途之家), a community corrections center in Chaoyang District, Beijing.

Claiming that the case of Li Heping involves state secrets, the authorities announced that the hearing will be held behind closed doors. Nevertheless, we encourage the public, including foreign journalists and diplomats, to attend and observe in solidarity.

Li Chunfu (李春富)

li-chunfuIn April 2018, Li Chunfu’s law license, like Xie Yanyi’s, was marked as ‘void’ on the website of the Beijing Bureau of Justice. However, Li has revealed that his law firm is currently handling his social security and medical insurance paperwork. This means he remains an employee of the firm, and the government has no reason to annul his law license.

On August 1, 2015, Li Chunfu was arrested after speaking out on behalf of his brother, Li Heping, who had also been detained during the 709 crackdown. In January 2017 after Li Chunfu was released on bail, it quickly became clear that he had been terribly abused in custody and was suffering a mental breakdown.

Wang Yu (王宇)

In April 2018, Wang Yu found in a search of the records held by the Beijing Bureau of Justice that her professional status was marked as ‘unregistered.’ Her previous employer, the Beijing Fengrui Law Firm (北京锋锐律师事务所), had been disbanded as a result of the 709 crackdown, and Wang Yu had been unable to find a subsequent law office with which to associate herself.

王宇律师1

Wang Yu has had difficulties finding a  firm to accept her — some law firms have received warnings not to employ her, while others tactfully decline to employ her. In China, a lawyer without a firm is unable to practice; and if they have not found a firm within six months, their license is automatically annulled.

In Wang Yu’s case, as in that of several others, this is a method to disbar a human rights lawyer.

Zhang Kai (张凯)

On March 27, 2018, Zhang Kai of the Beijing Xinqiao Law Firm published the news that his firm had been forced by the authorities to fire him. “If nothing unexpected happens, once I’m laid off there will be no other law firm who accepts me, and in a matter of a few months my law license will be annulled.”

张凯_2He added: “I will continue to proactively communicate with my peers and the judicial bureaus and do my best not to make trouble for anyone, but if communication truly breaks down, I will be left with no choice but defend my own rights.”

Zhang Kai represented a number of churches in the Wenzhou area during the campaign to tear down crosses from 2014 to 2015. On August 25, 2015, Zhang and two assistants were taken away by police while at the Xialing Church (下岭教堂) in Wenzhou, and two days later placed under ‘residential surveillance at a designated place’ (指定居所监视居住) on suspicion of ‘organizing a crowd to disturb public order,’ and ‘stealing, spying, buying, and illegally providing state secrets and intelligence to foreigners.’ Zhang was released on probationary bail in March 2016, upon which he was forcibly taken back to his hometown in Inner Mongolia. In March 2017 his probationary bail was extended another year.

Huang Liqun (黄力群)

Huang LiqunHuang Liqun, a lawyer with the Beijing Fengrui Law Firm, was arrested during the 709 crackdown and released in early 2016. In May 2018 on the website of the Beijing Bureau of Justice, his professional status was shown as ‘practicing,’ while his employer remained the Beijing Fengrui Law Firm which had already been shut down by the authorities.

In March 2017, the lawyer Liu Xiaoyuan said that after Huang Liqun’s probation was finished, he requested a transfer of employer but was rejected. The authorities said that he was a party to an ongoing case, and that only after the entire case was finished would his status be modified.

包龙军

Bao Longjun (包龙军)

Bao Longjun is the husband of Wang Yu and only passed the bar exam and received his law license a few months prior to July 9, 2015, when he too was taken into custody on the same day as his wife. In August 2016, he and Wang Yu were released on probationary bail. He was still technically a legal intern at the time, and is currently unable to find a new law firm to employ him so that he can finish his internship and become a formally credentialled lawyer.

 

 

The Defense Lawyers of the 709 Detainees

Wen Donghai (文东海)

Wen Donghai, a lawyer from Changsha, Hunan, was the first lawyer to brave the atmosphere of terror after the 709 crackdown began and act as defense counsel for Wang Yu. He then began taking one sensitive case after another. On October 30, 2017, the Changsha Judicial Bureau dispatched a ‘Notification’ (《告知书》) to Wen, informing him that he had been investigated for “suspicion of disrupting court order and disrupting the normal operations of lawsuit activities,” found guilty, and would be subjected to administrative punishment.

Wen Donghai, photoOn April 29, Wen made a freedom of information request to the Hunan Department of Justice, demanding that they disclose the work instructions received from Minister of Justice Fu Zhenghua related to the 709 crackdown, as well as information about the meetings held by Hunan judicial authorities about disciplining lawyers. The freedom of information request that Wen crafted included “the specific circumstances of meetings held by your department prior to the Chinese New Year that invited the participation and coordination of individuals in the Public Security Bureau, the Procuratorate, the courts, and the politico-legal commission, regarding the suppression of human rights lawyers.”

On May 10, Wen received notice that the Hunan Provincial Department of Justice was planning to annul his law license, and informing him that he had a right to request a hearing. However, hearings of this nature are merely a formality, have no substantive content, and are designed primarily to provide cover for what is in essence a political punishment.

IMG_0864Li Yuhan (李昱函)

Li Yuhan was arrested in October 2017 in Shenyang, Liaoning province. She was charged with provoking quarrels and stirring up trouble, and fraud. This April Li Yuhan was brought before the court and faces the prospect of a prison sentence and the loss of law license. Li Yuhan has represented Wang Yu during the 709 crackdown and secretly traveled to Inner Mongolia to visit the family with another of Wang Yu’s defense lawyers, Wen Donghai.

Liu Shuqing (刘书庆)

Liu ShuqingOn January 4, 2016, Liu Shuqing, simultaneously a lawyer and a professor of chemistry at Qilu University of Technology (齐鲁工业大学) in Shandong, had his law license cancelled in the aftermath of the 709 arrests. Liu had been a lawyer for seven years, and had taken on cases the authorities consider sensitive, like that of Henan petitioner Gong Jianjun (巩建军) accused of killing a private security contractor; the case of Zhejiang dissident Chen Shuqing (陈树庆) accused of ‘subverting state power’; as well as Wang Yu and others. Liu believes that it’s his involvement in these cases that led to the annulment of his law license. In April 2018 the Qilu University of Technology announced that Liu had “repeatedly made inappropriate expressions,” and his teaching career of 16 years was put to an end.

Cheng HaiCheng Hai (程海)

Beijing-based Cheng Hai is the defense attorney for Wang Quanzhang (王全璋), another 709 lawyer who is still in detention. Cheng also took part, unsuccessfully, in the people’s deputy elections in Beijing in 2016 as an independent candidate. On February 5, 2018, the Beijing Bureau of Justice cancelled the license of Cheng Hai’s law firm, the Beijing Wutian Law Firm (北京悟天律师事务所), on the grounds that it had “refused to participate in the 2017 annual assessment.” Thus, if Cheng Hai does not find another law firm to employ him by August 5, his law license will be automatically annulled.

Other Lawyers

Huang Simin (黄思敏)

Huang SiminHuang Simin, a lawyer from Wuhan, Hubei, took on the case of Li Tingyu (李婷玉) among others; most recently the authorities have cancelled her license on the basis that she had failed to complete her transfer from one law firm to another. The truth is, Huang had been forced to leave her firm in Wuhan. Her plans to enter a firm in Guangdong didn’t materialize because orders were sent to firms not to accept her. She was then accepted by a firm in Changsha, Hunan. The local authorities there forced that firm to fire her. Currently Huang is currently seeking a solution to keep her license.

 

Liu Xiaoyuan (刘晓原)

Liu XiaoyuanLiu Xiaoyuan is a partner at the Beijing Fengrui Law Firm. Since the 709 crackdown in 2015, though the Beijing Bureau of Justice stated on its website that Liu was ‘practicing’ law, in fact he had been unable to do so for the last three years, and nor was he able to transfer his employment from Fengrui, because, as the authorities say, they’re still investigating Fengrui, and until their investigation is over, no one will be allowed to move onto another employer. This means that Fengrui’s lawyers who have not been otherwise detained during the 709 crackdown will need to wait at least until the case against Wang Quanzhang is finalized.

Wang Quanzhang has been in detention for over 1,000 days now. His wife in February 2017 was informed that he had been formally charged by the Tianjin Municipal Procuratorate with incitement to subvert state power, but his lawyers have not been allowed to see him, and no trial has been conducted. Sources say that Wang has been tortured so badly that he can’t be “shown,”  and that this is the real reason the case has yet to be tried, judged, and that Wang is denied access to his lawyers.

Zhou Lixin (周立新)

Zhou Lixin is another partner with the Beijing Fengrui Law Firm. Since the 709 crackdown, he’s been listed by the Beijing Bureau of Justice as ‘practicing,’ but is in the same situation as Liu Xiaoyuan: unable to work for the last three years, and no indication of when this situation may change.

Peng Yonghe (彭永和)

Peng YonghePeng Yonghe is a Shanghai-based lawyer. On May 2, 2017, he publicly announced that he was quitting the officially-run Shanghai Lawyer’s Association. After that, he was forced to change law firms, but was prevented from getting new employment, and thus unable to work. The authorities told him on several occasions that as long as he took back his resignation from the Shanghai Lawyer’s Association, he’d be able to go back to practicing law.

In early May 2018, Peng announced that his wife applied for three jobs within the space of around a month, but that ‘relevant departments’ interfered and no one would hire her. Most recently, they’ve been unable to rent in Shanghai, also due to political interference.

Yu Pinjian (玉品健)

Yu PinjianYu Pinjian, based in Guangzhou, has a PhD in law. In September 2017 the authorities demanded that his law firm force him to find another employer. But, in a similar pattern to the other cases, once he left his first employer to transfer to another, the process was interfered with and he was unable to complete the procedures, and it now appears that his law license could be revoked as a result.

“I didn’t do anything,” Yu Pinjian has said on the record, “except for posting a few articles. I didn’t delete them as was told to, and the authorities then wanted to teach me a lesson.” (Yu Pinjian’s article on his public WeChat account, ‘Righteous Person of the Law’ [正义法律人] has already been deleted by censors anyway.)

Yang Jinzhu (杨金柱)

Yang jinzhuOn May 14, the Changsha-based lawyer Yang Jinzhu received a four page Notification from the Hunan Provincial Justice Department of his planned disbarment for “alleged expressions that threaten the national security, using inappropriate methods to influence the handling of cases, disrupting court order, and using malicious language to defame others.”

The first accusation refers to Yang’s article posted in a WeChat group, titled “Lawyer Yang Jinzhu Angrily Fucks the 18 Generations of Ancestors of the Chinese Judicial System,” in which he vented his frustration. “This government ignores the law. The judiciary ignores the law. And when they see lawyers who defend personal rights, they put you in stocks, tie you up, fetter your hands and feet — this, right now, is China’s judicial system!”

 

 


Related:

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

The Nightmare – An Excerpt of Lawyer Wang Yu’s Account of 709 Detention and Torture, Wang Yu, November 13, 2017

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

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

Cataloging the Torture of Lawyers in China, China Change, July 5, 2015.

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

 

 

 

How Lawyer Wang Yu Was Made to Denounce the American Bar Association’s Human Rights Award in 2016

May 9, 2018

 

Wang Yu taken to studio black-hooded for 2nd confession

Wang Yu is taken to a studio for TV denunciation of the ABA award. Pictorial rendition is based on Wang Yu’s account. Source: Safeguard Defenders.

 

 

Background

On July 9, 2015, Wang Yu (王宇) became the first target in a campaign of mass arrests against human rights lawyers in China. Over the next roughly two weeks, over 300 rights lawyers were arrested, interrogated, detained, and threatened — thus begetting the notorious ‘709 Incident.’ After over a month in secret detention at a black site in Beijing, Wang Yu was transferred to Tianjin for a continuation of her detention, then under so-called ‘residential surveillance at a designated place’ (指定居所監視居住). For over a year she was not allowed to see her lawyer, family, or communicate with the outside world. Another 20 or so lawyers and activists, including Wang Yu’s husband Bao Longjun (包龍軍), were given similar treatment. During the secret detention and their time in detention centers, they were severely tortured, including by sleep deprivation, prolonged interrogation, forced-feeding with unidentified drugs, beatings, insults, being hand- and foot-cuffed, or having their family’s safety threatened. Some were even placed in cages submerged in water, so-called ‘water cage’ torture. Currently, three individuals are serving prison sentences, three were released on suspended sentences, and all others except one were released on a probationary form of ‘bail.’  Lawyer Wang Quanzhang (王全璋) has been detained for over 1,000 days, neither sentenced nor released, and no one even knows whether he is dead or alive.

In August 2016, Wang Yu and her husband were released on a probationary form of bail (取保候審), whereupon they were forcibly taken to an apartment building in Ulanhot, Inner Mongolia. There they were reunited with their son, Bao Zhuoxuan (包卓轩), who had previously been coercively removed from Beijing and placed in Ulanhot to continue high-school. In Ulanhot, their movements were closely monitored, they were followed wherever they went, and their apartment was fitted out with an extensive array of surveillance cameras that pointed to their doorway, stairs and in and out of the building entrance. Wang Yu believed that the apartment itself was bugged too. Around a year later they were allowed to return to their own home in Beijing. Now, though they’re apparently ‘free,’ every move they make is still surveilled by the authorities, and Wang Yu has been unable to resume her profession as a lawyer.

Among China’s human rights lawyers, Wang Yu has been called the ‘Goddess of War.’ Prior to the 709 crackdown, she traveled the country taking on all manner of human rights cases. The image of Wang the lawyer in the ‘Hooligan Sparrow’ documentary, handing out fliers about the law under the beating sun in Hainan, left a deep impression of her commitment.

On July 8, 2016, the American Bar Association announced that it had selected Wang Yu to receive its inaugural ABA International Human Rights Award, “in recognition of her dedication to human rights, justice and the rule of law in China.” This news seemed to rattle the Communist Party. The authorities knew perfectly well that the 709 crackdown was an illegal, politically motivated large-scale persecution of human rights lawyers, and that the cruelty of torture methods they used exceed what most people can conceive. They fear the moral support that the international community was extending to the targets of their attacks.

In an attempt to sever such support, in the days leading up to the award ceremony, the authorities forced a detained Wang Yu to record at least two similar video statements castigating and rejecting the award. In one news clip, broadcast on CCTV, China’s state-run central TV, she says: “I haven’t really done anything in terms of human rights, so this sort of award is using me to besmirch the reputation of the Chinese government and besmirch the image of China. Thus, I insist on not approving, acknowledging, or accepting it. Nor will I have any other individual or organization accept the award on my behalf. If, despite my explicit rejection, they force the award upon me, this will be a violation of my human rights, and I strongly protest.”

In another clip broadcast on Phoenix, a state-run TV station thinly-masked as commercial TV in Hong Kong, she sits outdoors with a grass lawn behind her. In front of her are a number of official journalists whose faces the audience couldn’t see. She says, her voice halting: “As far as I’m concerned, this award is using me as a tool to attack and denigrate the Chinese government. I’m a Chinese person; I only accept the leadership of the Chinese government. I don’t want this or similar awards, not now, nor in the future.”

Wang Yu, ABA 截屏

Two Tianjin lawyers claiming to represent her even sent a letter to the ABA, saying that the ABA award constituted an “infringement on the reputational rights of Ms. Wang Yu… Ms. Wang Yu reserves the right to pursue your organization as liable for such infringements.” The letter demanded that the ABA “cease and desist” in giving her the award.

On the basis that Wang Yu was in detention and could not speak of her own free will, the ABA dismissed the ploy and went ahead giving the award in Wang Yu’s absence on August 6, 2016, during its annual convention in San Francisco.

Two weeks after the award, a nationalistic website in China published an article by a “former NGO worker” who claimed to have worked at ABA’s office in Beijing. It described one boss as being lazy and incompetent, and another as rude and lecherous. It portrayed the ABA Beijing office as a place where Chinese employees were discriminated against and where “humanity and dignity…was worthless.” It insinuated, without clear factual statements, that ABA’s activities in China were political and ABA was a tool of the U.S. government being used to instigate a color revolution.

Now we have come full circle: in the book “The People’s Republic of the Disappeared: Stories from inside China’s system for enforced disappearances” published in November 2017 by Safeguard Defenders, Wang Yu for the first time reveals what she experienced under residential surveillance (China Change has an excerpt). In a new report recently released by the same organization, Wang Yu revealed how she was forced to rebuke and reject the ABA’s award. On television, she appears with a slightly puffy face, sitting outdoors before a grass lawn. In front of her are a number of official journalists whose faces the audience couldn’t see. She says, her voice halting: “I haven’t really done anything in terms of human rights, so this sort of award is using me to besmirch the reputation of the Chinese government and besmirch the image of China. Thus, I insist on not approving, acknowledging, or accepting it. Nor will I have any other individual or organization accept the award on my behalf. If, despite my explicit rejection, they force the award upon me, this will be a violation of my human rights, and I strongly protest.”

The following statement by Wang Yu about this incident is reproduced below with permission.

 

 


Wang Yu’s Account

 

Wang Yu hooligan sparrow

Wang Yu handing out flyers to passersby in documentary ‘Hooligan Sparrow.”

 

It is difficult to explain, why I went on television, what kind of mental process I had gone through. And until now, I still feel it is difficult to describe, I don’t know how to talk about it. Actually, I do want to talk about it in detail, but I always feel sad. I am still struggling to get over the trauma. But I know I should speak out, even if just in this simple way.

It was about April 2016 and I had already been transferred to the Tianjin First Detention Centre. I had just finished my breast surgery at that time and the guards and interrogators were taking quite good care of me. My interrogator said if I cooperated then my case would be “dealt with leniently.” He meant I could be released soon. They also kept reminding me that my dream of sending my son overseas to study could happen only once I had been released from the detention centre.

How, then, did they want me to cooperate? They said all the 709 Crackdown people need to demonstrate a good attitude before they would be dealt with leniently. They said a PSB [Public Security Bureau] boss would come to the detention centre in a few days and they wanted me to say to him that: “I understand my mistake, I was tricked, and I was used. I denounce those overseas anti-China forces and I am grateful for how the PSB has helped and educated me.” After that, they stopped taking me to the interrogation room and moved me to a staff office where they fixed up space for me to eat and memorise the material my interrogator gave me.

Around about the end of April, the interrogator told me the boss was coming today and that we should make the video. He promised me the video would only be shown to that boss, and it would definitely not be shown to the public. He told me not to worry and just follow the script they had given to me. If I couldn’t memorize it all, then we could just re-record it. They also told me that everyone who was caught up in the 709 Crackdown had already made such videos. I kept asking them to confirm that it wouldn’t be shown in public and they promised it would not. Despite their assurances, I was still very unhappy about having to do the video.

In the afternoon, I was taken to the office again. A few minutes later, a man came in; he was in plainclothes and about 50 years old. A young man in his 20s followed with a camera. They both said something similar to me; something about how they would find a way out for me. I have suffered a lot of memory loss in the past few years so even if I try to remember exactly what happened, I can’t. But I do remember asking him who would see the video and he repeatedly said that it was only for their boss and not for television.

The young man finished setting up the camera, then the older one started asking questions. I don’t remember the exact questions, but it was basically the same as my interrogator had told me to study. I didn’t answer very well, because my memory was bad and also I didn’t want to make the video. I really messed up some of the questions and they had to ask me again and again. After three or four hours, they eventually left.

Some 20 days later, I heard that the so-called PSB boss had said that last video was not good enough and that we had to record it again. So, we recorded it again, but two days later, my interrogator said it still wasn’t acceptable. The next time they came with a camera and a computer, with the script typed into the computer in a huge font size. They wanted me to read it from the screen and look into the camera. We recorded it like this many times and finally they left. But another two days later they came back and said it still wasn’t good enough, so we did it all again. But that didn’t pass either.

It was about the beginning of June, one day before the Dragon Boat festival, when my interrogator told me that another boss was coming and wanted to talk to me. If I behaved well I could get out of the detention centre. Not long after, two men in their 50s or 60s in plainclothes, came in. They surprised me by shaking my hand when they first arrived. Later, I learned they were the vice-director and division chief of the Tianjin PSB. They talked briefly about my health and my situation and then asked me to give a self-evaluation. I said: “Of course, I think that I am a good person and also a good lawyer. I believe in behaving with kindness and I am professional in my work and have always won my clients’ approval.”

After that they often took me to their office to talk with them. They kept trying to persuade me to do an interview on television, but I kept saying no.

In the beginning of July, my interrogator talked to me alone. He said, “Think carefully. If you don’t agree to go on television how will you be able to get out? How will your husband Bao Longjun be able to get out? How will your son ever be able to study abroad?”

I thought hard about it for a few nights. I thought, neither me nor my husband can communicate with anyone from outside. Who knows when it will all end. And my poor son was home without us. We didn’t know how he was doing. Although, my interrogator told me that he had been released and was living in Ulanhot, he might be under surveillance, he didn’t have his parents with him. What kind of future would he have?

I though the two so-called “bosses” who had been talking with me looked like they would keep their word. After speaking with them for many days, I trusted them, and the people around me treated me much better. Much better than when I was in RSDL [residential surveillance at a designated location], where they were very cruel to me.

So, I decided to accept. I just wanted to see my son so much. I thought, if I couldn’t get out my son would never be able to study overseas. I might get out many years later, but by then what would have happened to my son? If he was harmed now, the trauma would stay with him his whole life. I needed to be with him during this stage of his life. I decided that I would do my best to help my son go to a free country and study. He would no longer live like a slave, suffering in this country. He has to leave, he must leave, I thought. That was the most urgent thing. So I had to do it, even if it meant doing something awful.

WangYu_ABA award ceremony

The ABA Human Rights Award ceremony in San Francisco in August, 2016.

I also considered the possibility that they might break their promise—and if they did I vowed to fight. So, I said yes to their request to go on television, but only if they released me first. I started practicing the script they prepared for me and we rehearsed it many times, almost every day before I left the detention center.

On 22 July 2016, they went through the formality of my “release on bail.” They took me from the Tianjin First Detention Centre to the Tianjin Police Training Base under Tianjin Panshan Mountain. I stayed there for about 10 days.

They transferred me to Tianjin Heping Hotel and for the next two days I was still under their control. I did the interview in a western-style building near the Heping Hotel a few days later. That afternoon, about 4 or 5pm I was reunited with my son. He hugged me and cried for a long time. I also quietly shed tears.

The next day, my son and I met his father Bao Longjun who had also just been released on bail.

After my release I became very depressed. We were kept under house arrest in Ulanhot. My son and his father often made fun of me because of what I had said on that television interview and I felt very hurt and under a lot of pressure. One time, when I couldn’t stand it anymore, I asked my son, “Would you rather I suffered and went on television so I could be with you, or would you prefer that I didn’t go on television but then stayed in prison?” My son said emphatically: “I want my mum with me!”

Hearing my son say this, I believe that everything I suffered was worth it. This was the only way I could be reunited with my son, so I had to do it.

When I got back home, I gradually began to understand what kind of pain my son had been through over the past year. Such cruelty caused my son to suffer from severe depression and that made me even more determined to settle my son overseas so that he could heal both mentally and physically.

So, this is my story. I don’t expect everyone to understand. I just want to say that my son is everything to me. Perhaps, I had no other choice.

 

 


Related:

The Nightmare – An Excerpt of Lawyer Wang Yu’s Account of 709 Detention and TortureWang Yu, November 13, 2017.

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

New York Times editorial: Show Trials in China, August 6, 2016.

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

 

 

 

 

‘If You Dare to Come Out, We’ll Kill You, Do You Not Believe It?’

Li Wenzu, April 12, 2018

 

Li Wenzu (李文足) is the wife of 709 lawyer Wang Quanzhang (王全璋). On April 4, the 1000th day of her husband’s disappearance on July 10, 2015, she and a group of 709 lawyers’ wives began a march from Beijing to Tianjin, about 130 kilometers, where Wang Quanzhang is supposedly being detained. Along the way, other activists joined them on and off. On the sixth day of their march, their march were broken up by scores of plainclothes police officers, and Li Wenzu was taken back home to Beijing by force. Human Rights in China translated Li Wenzu’s account of her first day back. We offer you a translation of her account of the second day. However, as we prepare this piece, this morning Beijing time, outside Li Wenzu’s apartment building in Shijingshan District, the dozens of plainclothes officers and their helpers are nowhere to be seen. Li Wenzu has taken her son out for a train ride….  — The Editors

 

 

This is the 1006th day of [my husband] Wang Quanzhang’s disappearance, and the second day of my home detention. Even Auntie (the nanny) and my toddler son are blocked from leaving home. The plainclothes police at the door told us that if we go out the door, they will kill us. It was only after I called 110 [China’s 911] that Auntie and my son were let out of the house. As they walked out, a group of old women from the neighborhood committee yelled at them, “traitors!” and Auntie and my son both burst into tears.

This is the 1006th day of Wang Quanzhang’s disappearance, and the second day of my home detention.

In the morning, Wang Qiaoling (王峭岭), Fan Lili (樊丽丽), Big Brother Zhang Shangen (张善根), Big Sister Guo Shumei (郭树梅), Big Sister Wang Xiuzhen (王秀珍), and sister Zhu Ling (朱玲) came to visit me. But they were stopped by 40 or 50 people who were in the courtyard; the group included the neighborhood committee director and personnel, as well as plainclothes police officers. Not only were they swearing at [my friends], but they also grabbed their phones, and even broke Wang Qiaoling’s glasses from the side.

 

Li Wenzu, walk

Li Wenzu, on her way to Tianjin, stood in front of this banner about “Comrade Xi Jinping,” “the core”, “the New Era,” and “socialism with Chinese characteristics.” She’s living it!

 

I opened the door and wanted to go downstairs to greet them, but the door wouldn’t push open; several people were pushing it shut from the other side.  My friends couldn’t come up, and I couldn’t get out. All I could do was climb up the window to talk with my friends who had come to see me. From the 5th floor window, I also spoke angrily about “709” and Wang Quanzhang, which led to onlookers gathering downstairs to watch the commotion.

Another thing happened that I didn’t expect: a little after 3 o’clock in the afternoon, Auntie wanted to take the boy out for a stroll, and a man standing in the doorway turned to us and shouted: “If you dare to come out, we’ll kill you, do you not believe it?” I said, “I believe it, I very much believe it, because you’re all hooligans and scoundrels, I know that you’re capable of anything.”

With my 110 call in which I made a strong demand, my son and Auntie were able to go out.  However, a group of women from the neighborhood committee who were at the entrance to the building hurled all kinds of abuse at Auntie and the child, saying that Auntie was a turncoat and traitor. “Go back!” They shouted at them. Auntie took the child back home; both of them were crying.  These people not only blocked us, but also claimed constantly that they would kill us. Now that my son and I are in their hands, killing us is easy. If my son and I are disappeared, if we are killed, please, my many friends, help write this tragedy in history.   Thank you my friends for visiting me today! Thank you, netizens, for your constant attention and concern!

 

 


Related:

Wang Quanzhang: The 709 Lawyer Not Heard From Since July 2015, Yaxue Cao, January 15, 2018.

 

 

 

Wang Quanzhang: The 709 Lawyer Not Heard From Since July 2015

Yaxue Cao, January 15, 2018

 

IMG_1673

 

 

As of January 15, 2018, human rights lawyer Wang Quanzhang (王全璋) had been held incommunicado for 920 days. This makes him the only 709 detainee who hasn’t been heard from since the notorious 709 Crackdown began in July 2015.

Last Friday, two lawyers, a former client, and three wives of 709 victims travelled from Beijing to arrive early morning at the First Detention Center in Tianjin, a half hour ride by high-speed train. The sun had risen, and a rich orange hue cloaked everything. A large-character slogan ran the length of the walls of the Detention Center: “Be Loyal to the Party, Serve the People, Enforce the Law with Fairness.” They were the first visitors waiting for the reception room to open. The three women were unable to deposit “meal charges” for Wang after calling a number thirty or so times and arguing with a female officer. The two lawyers, requesting a meeting with their client, were shown a piece of A4 paper that read “lawyers are not allowed to see Wu Gan and Wang Quanzhang.” Over the 30 months since Wang was arrested, his lawyers have made so many trips to Tianjin that they’ve lost count.

In August 2016, two 709 detainees were given heavy sentences and two others were given suspended sentences. By May 2017, more 709 lawyers and activists were released on bail or given suspended sentences after the government succeeded in forcing them to admit guilt in one form or another. By December 26, 2017, three of the last four 709 detainees received sentences or, as in Xie Yang’s case, were exempted from punishment. 

The fate of Wang Quanzhang has been weighing on the minds of many, particularly as those who have been released reveal details of horrific torture. These include electric shocks so strong that they knock the victim unconscious on the spot; the “water cage” torture, where at least one detainee was locked in a submerged cage, with only the head above water; force feeding with unknown drugs; extreme sleep deprivation; beatings; and verbal and psychological abuses.

That Wang Quanzhang must have suffered the worst for refusing to yield is the consensus shared by the human rights community. Some fear that he may have been so physically debilitated that the authorities are now hiding him. Some worry that he’s already dead.

The latter fear was lifted last July after Chen Youxi (陈有西), a well-known state-connected lawyer, met with Wang (against the wishes of his wife) and tried to make him sign a Power of Attorney authorizing Chen to represent him. Wang refused. Chen later came under heavy criticism after describing the meeting on social media. “Chen Youxi was sent to help the government frame my husband,” said Wang’s wife Li Wenzu (李文足).

Indeed, in all the 709 trials, the government-assigned lawyers imposed on the detainees were part of the admit-guilt-for-leniency deal, acting as intermediaries between the government and the 709 detainees, and helping the government get what it wanted.

Wang Quanzhang’s Work

Wang Quanzhang, 42, was a lawyer with the Beijing Fengrui Law Firm when he was swept up along with scores of other lawyers and activists in July 2015. Wang was born and raised in rural Shandong, and graduated from Shandong University in 2000 with a law degree. He was one of the earliest defenders of Falun Gong: while still in college, he provided legal assistance to practitioners not long after the brutal, nationwide suppression against it began in 1999. As a result, he was threatened and his home raided by police. A judge, it was said, wrote a letter to the university advising them not to issue his diploma. (He still received it).

Wang Quanzhang, around 2010

Wang Quanzhang  around 2010.

After college, while working at the provincial library in 2005, Wang took up volunteer work for an NGO that had set up an experimental community school in a village near Jinan, the provincial capital. For the next three years, he gave free lessons about Chinese law to villagers on Saturdays for three years, paying his own travel costs. He taught them cases concerning land rights and other legal issues common in rural areas, and debated with them about whether it was power, or the law, that was supreme. The peasants believed that in China, power rules — not the law.

They were right then, and they’re right now.

In Jinan, Wang was subject to constant threats for his legal aid work. He was chased on the street, and at one time had to hide in the home of his friend, a professor, for days on end as plainclothes agents milled around outside the apartment building. He would later recount these episodes to friends as if they were someone else’s adventures.  

In 2008 he moved to Beijing in part to escape the dangers of Jinan. A colleague thus called him “a lawyer on the run.”

WQZ photo group
Wang Quanzhang with Peter (left) and Michael (right). 

In Beijing, Wang worked for an NGO called the “Empowerment and Rights Institute” (仁之泉工作室), one of the many small rights NGOs, like the school for villagers in Shandong, that sprung up in China around that time. He also did a stint at a think tank called the “World and China Institute” (世界与中国研究所). In 2009 he co-founded the Chinese Urgent Action Working Group NGO (China Action, 中国维权紧急援助组) with Peter Dahlin and Michael Caster, young Swedish and American activists respectively whom he had met at the “Empowerment and Rights Institute.” Peter and Michael came to China at a time when the country seemed eager to “integrate” with the world.

Through China Action from 2009 to 2013, Wang worked to expand access to legal assistance for victims, organize more structured trainings for fellow lawyers, and train victims to become citizen lawyers capable of dealing with the judiciary. After 2013, he stopped work at China Action and focused on defending individual cases in court.

In addition to Falun Gong cases, Wang also took on cases of illegal and unfair land expropriation, labor camp victims, prison abuses, and political prisoners such as journalist Qi Chonghuai (齐崇怀) and New Citizen Movement activists.   

In the midst of all of the above, he found time to write articles commenting on current events using the pen name “Gao Feng” (高峰) — though samples of his writings are hard to come by.

The Repeatedly Beaten Lawyer

Lawyer Liang Xiaojun (梁小军), who has known Wang Quanzhang since 2010, described him as shy and unknown to his peers. That changed in April 2013, when Wang was given a 10-day “judicial detention” by a court in Jingjiang, Jiangsu (江苏靖江), towards the end of the trial of a Falun Gong case, for supposedly “violating court order.” From the account of his assistant, he defended his client ferociously despite frequent interruptions by the judge, whom he vowed to file a complaint against. His “not guilty” defense made the judge furious — merely practicing Falun Gong is a crime, according to the Party.

No lawyer had ever previously been detained inside the court during proceedings. Scores of human rights lawyers and citizen activists from all over the country descended on Jingjiang and protested in front of the courthouse. Having never witnessed such a scene before, the court relented and released Wang Quanzhang two days later.

In recent years Wang dealt almost exclusively with Falun Gong cases. For that, he took a lot more beatings inside and outside the court, as brutality against Falun Gong defendants, and sometimes their lawyers, occurs frequently. Many human rights lawyers such as Wang Yu (王宇), and more recently lawyer Lu Tingge (卢廷阁), can attest to this travesty unthinkable in a country with the rule of law.

In April 2014, Wang Quanzhang was among a number of lawyers and activists who went to Jiansanjiang (建三江) in the northeastern province of Heilongjiang to rescue four other lawyers who had been detained after they themselves sought to rescue Falun Gong practitioners illegally detained in a black jail called “Legal Education Base.” In the middle of the night he was hauled out of his sleeping bag, he wrote in the Chinese’ edition of The New York Times. “Two men quickly tied me up with ropes, with my arms behind me, pulling a black hood over my head.” He was put on a bus to a police station, where after some wrangling, two policemen hit his head against the wall. More violence was threatened until he agreed to sign a statement promising that he would not to take part in “illegal gatherings in Jiansanjiang.”

In June, 2015, in Liaocheng, Shandong (山东聊城), about a month before the 709 crackdown began, Wang Quanzhang was co-counsel with two other lawyers in the trial of several Falun Gong practitioners. At the end of the trial, which was marked by a fierce defense, the judge, Wang wrote: “Suddenly ordered the bailiffs to remove me from the courtroom for disrupting court order. A dozen or so bailiffs rushed into the courtroom. Some gripped me by the arm, one clenched me by the throat, and they hauled me out. At this point, someone had started fiercely punching me in the head; others were hurling abuse… I was dragged into a room on the first floor of the courthouse, and was ordered by one of the police to kneel. I refused. They started beating me again.”

 

Wang Quanzhang 王全璋-李文足和他们的孩子

 

The Chinese Government’s Fictitious Case Against Wang Quanzhang

Like all other 709 detainees, Wang Quanzhang was placed under “residential surveillance at a designated place” for six months. He was likely held in the same building as other Beijing lawyers, such as Wang Yu and Xie Yanyi, who have since been released and written about their ordeals.

For example, in A Record of 709, 709 lawyer Xie Yanyi (谢燕益) described the sounds emanating from the room above between October 1 and 8 in 2015: “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 and howling and moaning in the middle of the night in the room above me.” He wondered whether it was Wang Quanzhang or Hu Shigen. “The fact that there has been no information whatsoever about Wang Quanzhang for more than two years is an act of terrorism,” he wrote.

On January 8, 2016, after the six months of secret detention were over, Wang Quanzhang was formally arrested for alleged “subversion of state power.” Over the twelve months that followed, the police used extended custody and a prosecutorial time delay technique, known as “returning case to police for further investigation” (退回补充侦查), to hold Wang without indictment or trial. This is a common practice used against political prisoners.

Into the later part of the 709 crackdown, the government has dispensed with such pretenses altogether, holding Wang Quanzhang indefinitely without any legal basis, real or otherwise.

On January 3, 2016, the Swedish national Peter Dahlin was detained in Beijing. In an interview with China Change, Dahlin said that lawyer Wang Quanzhang was at the center of the police interrogations. “The focus was to try to find an angle to smear Wang Quanzhang. Considerable time had been spent on calling Wang a criminal, despite me pointing out almost daily that his case had not even been transferred to prosecutor, let alone having resulted in a conviction. Similarly, they refused to point out any activity by Wang that was actually a crime, except saying his work threatened national security, and that he has defended ‘evil cult’ practitioners and used his social media to highlight his work as a lawyer.”

Back in his hometown in Shandong, toward the end of April 2016, local police, admitting that they were under orders from Tianjin, visited Wang Quanzhang’s aging parents and siblings. They talked Wang’s father into speaking on camera, advising his son to admit guilt in exchange for leniency. His sister, an average village woman who had never questioned the government until the crash course she went through with the disappearance of her younger brother, asked the police: “What crime has my brother committed?” The police told her that Wang defended Falun Gong practitioners, and doing so is opposing the Communist Party because Falun Gong was an “evil cult.”

In mid-February, 2017, Wang Quanzhang was indicted for “subversion of state power.” But neither his lawyers nor his wife were given a copy of the indictment despite their persistent demands for it. We don’t know how the Communist Party has built its case against him. We do know that they have been eager to have him admit guilt, without success: the hometown police told his family that “Wang Quanzhang has been very uncooperative.”

A human rights lawyer who represented another 709 detainee and made many trips to Tianjin, and who wishes to remain anonymous, shared an interesting observation: he believed that the government didn’t have a plan when it rounded up the lawyers and activists in July 2015. Instead, they devised it as they went along, using torture to subdue them and have them admit guilt. “The government could find no evidence of crimes against them in the existing laws; but they felt they must muzzle the lawyers, and used illegal methods to do so. That is, they arrested the lawyers and activists first, then looked for or fabricated ‘evidence’ against them. The purpose is to terrorize and deter the rights defense community through criminal punishment.”    

The propaganda machine has worked in sync to disseminate the Party’s evolving narrative and belittle some of China’s most courageous citizens: when the 709 lawyers and activists were first detained, Party mouthpieces churned out articles and TV segments describing them as “the bad horses that hurt the entire herd.” By the time Hu Shigen (胡石根), Zhou Shifeng (周世锋), Zhai Yanmin (翟岩民) and Gou Hongguo (勾洪国) were tried in August, 2016, the activities of human rights lawyers and activists was recast into a conspiratorial “color revolution” with “anti-China foreign forces” behind the scenes. In the more recent TV confessions, lawyers Xie Yang (谢阳) and Jiang Tianyong (江天勇) were made to say that they were “exploited by Western anti-China forces” and brainwashed by “Western constitutionalism and other erroneous ideas.”   

 

Wang Quanzhang, 海报

 

Free Wang Quanzhang

In the two and a half years of his disappearance, Wang Quanzhang’s toddler son has grown bigger. His wife Li Wenzu (李文足), who had never taken much interest in her husband’s professional work, has become his most vocal and effective advocate, enduring unceasing harassment from the police. She was recently awarded the inaugural Outstanding Citizen Award by a network of activists inside China for her courage and perseverance.

No statements from foreign governments, no inquiries from United Nations committees, no amount of media scrutiny, seems sufficient to unseat the Communist Party’s determination to use an iron fist to subdue any citizen it deems “dangerous” in its increasingly paranoid outlook on the world.  

By all indications, it seems that Wang Quanzhang is not yielding either. Foreseeing what was to come, Wang left a letter for his parents in July 2015:

No matter how despicable and ridiculous we appear to be in the portrayal by the manipulated media, Mother, Father, please believe your son, and please believe your son’s friends.

I have never abandoned the qualities Father and Mother instilled in me: honesty, kindheartedness, integrity. In all these years, I have used these principles to guide my life. Even though I’ve often been steeped in despair, I have never given up thoughts for a better future.

My taking up the work—and walking down the path—of defending human rights wasn’t just a sudden impulse. Instead, it came from a hidden part of my nature, a calling that has intensified over the years—and has always been slowly reaching up like the ivy.

This kind of path is doomed to be thorny, tortuous, rocky.

But when I think of the difficult road we have gone through together, this path seems commonplace.

Dear Father and Mother, please feel proud of me. Also, no matter how horrible the environment is, you must hang on and live, and wait for the day when the clouds will disperse and the sun will come out.

 

 

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

 

 


Related:

After Four Detainees of the ‘709 Incident’ Are Indicted, Chinese State Media Name Foreign News Organizations, a US Congressman, & Three Embassies in Beijing as ‘Foreign Anti-China Forces’, China Change, July 15, 2016.

China Smears Foreign Diplomats in Another 4-Minute Video, As Trials of Rights Lawyers and Activists Continue in Tianjin, August 4, 2016.

Another Chinese Propaganda Video Ties Mainland Rights Defense Activism, Protests in Hong Kong, and the Syrian War Into One Anti-U.S. Narrative, December 18, 2016.

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

Crime and Punishment of China’s Rights Lawyers, Mo Zhixu explains why Chinese government is out to get them, China Change, July 23, 2015.