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Deletion of Wu Gan’s Twitter Posts Reflects the Urgent Need to Protect Chinese Human Rights Activists’ ‘Data Ownership’

Yaxue Cao, November 11, 2018

 

Wu Gan Twitter deleted, Nov 8, 10_10 pm Eastern Time, less cropped (2)

 

 

Around 10:10 pm eastern time on Nov. 8, as I was browsing my Twitter timeline and taking a breaking from editing a website post, a tweet by Wu Gan (吴淦) jumped into my vision. Even though he has gone for three years and a half, his avatar immediately stood out. It’s an auto-generated tweet that reads: “I just activated @Tweet_Delete on my account to automatically delete my old tweets (is.gd/delete)!” Instinctively, I pressed the “prt src” key:

It was 11 am on Nov. 9, Beijing Time. Wu Gan, better known as the “Super Vulgar Butcher,” is serving an eight-year sentence in a prison somewhere in the mountains on the border of Fujian and Jiangxi provinces. He was detained on May 20, 2015, outside the Jiangxi High People’s Court where he had been protesting the court’s denial of lawyers’ access to case files in the “Leping Wrongful Conviction Case.” In December 2017 he was sentenced to eight years in prison for “subversion of state power” following secret detention, torture, and his refusal to admit guilt in exchange for lenient punishment.

I clicked his account. It was emptied out – all 30,277 tweets from Nov. 2009 to May 2015 were gone. The tweet announcing the deletion soon disappeared as well. The circumstances of the deletion are shocking to many Chinese Twitter users because of the scale of the loss.

Wu Gan’s Twitter feed is not just anybody’s feed. In late 2008 he began to actively surf Internet and frequent a vibrant forum called “Cat Eye Forum” (猫眼论坛) at www.tianya.cn, one of China’s earliest Internet portals. He wrote: “I learned of the earthquakes, the shoddy school buildings [that killed thousands of students]; I learned Ai Weiwei’s investigation into the school deaths. I was rather stirred. I began to write articles, and in 2009, I became an activist.”

In a remote town in western Hubei in May 2009, three township officials asked 21-year-old hotel waitress Deng Yujiao (邓玉娇) for “special services” and attempted to force themselves on her. Yujiao defended herself using a fruit knife, stabbing one of her would-be rapists to death and wounding another. She turned herself in to the local public security authorities, and was charged with intentional homicide.

The incident found instant resonance with netizens around the country. Compared to today, that time was still something of a “golden age” for online free speech, as the Great Fire Wall was not as fully developed as it is today and the Chinese government had yet to introduce a mechanism of effectively and thoroughly curbing public opinion on the internet.

The way the authorities handled Deng Yujiao’s case stirred outcry among masses of ordinary Chinese. They did not want to see a young girl be imprisoned as a murderess and possibly receive the death sentence for standing her ground against abusive officials. But help could only come from the people and the forces of public opinion.

Wu Gan_via Wang LihongWu Gan, a 37-year-old Fujianese businessman who had served in the southern border troops, called upon fellow frequenters of the Cat Eye Forum to “take action to help this young lady who had defended her dignity with a fruit knife.”

A few days later, Wu Gan went to Hubei, spoke with Deng Yujiao’s family, and managed to meet Yujiao in hospital. A photo of the two together went viral. He persuaded the Deng family to engage lawyers for Yujiao, and made arrangements with two lawyers in Beijing. A month later, the local court held a public hearing for Deng Yujiao’s case and handed down a verdict exempting her from punishment.

The Deng Yujiao incident was seen as an encouraging example of how public opinion could lead to justice; at the same time, it became the starting point for Wu Gan to enter the public sphere and conduct online and offline activism. Next, Wu Gan got involved in the case of Shenyang street vendor Xia Junfeng (夏俊峰), who had killed two chengguan (城管) officers (note: chengguan are Chinese urban enforcers infamous for using violence and intimidation) in self-defense. Wu Gan travelled to Shenyang to help Xia’s wife and son get legal help, and rallied public opinion on social media and at the same time recorded his activities and reflections.

Sadly, Wu Gan and thousands of concerned netizens were unsuccessful this time. Xia Junfeng was sentenced to death and executed in 2013. Over the next six years, Wu Gan helped with hundreds of rights defense cases across China by mobilizing public opinion online and working directly with victims on the ground. Most of the people he helped were the socially disadvantaged, such as Deng Yujiao and Xia Junfeng, who had suffered humiliation and deprivation at the hands of the powers-that-be.

Wu Gan’s activism, which he styled “butchering pigs,” aimed to pressure local officials using public opinion, the law, and his unique performance art to pursue social justice in places where the rule of law did not exist. In order to popularize his experiences, Wu Gan, who lacked university education, wrote three handbooks: “Guide to Butchering Pigs” (《杀猪宝典》), “Guide to Drinking Tea” (《喝茶宝典》), and the “Guide to Petitioners Fighting Against Forced Demolition of Homes” (《访民杀猪宝典》). In these pamphlets, Wu taught fellow activists how to protect their rights by resisting the government and dealing with police interrogation and intimidation.

In China’s rights struggle over the last decade, Wu Gan occupies a unique position of seminal importance. He was the first detainee during the 709 crackdown; his steadfast resolve to expose torture and refusal to plead guilty in exchange for a lighter sentence is awe-inspiring.

In an editorial, the Washington Post quoted Wu Gan’s statement to the court: “For those living under a dictatorship, being given the honorable label of one who ‘subverts state power’ is the highest form of affirmation for a citizen. It’s proof that the citizen wasn’t an accomplice or a slave, and that at the very least he went out and defended, and fought for, human rights.”

Social media revolutionized Chinese citizen resistance, and Wu Gan was one of the most creative user of it. Not surprisingly, he quickly found himself in the crosshairs of the Chinese government’s censorship organ and was barred from domestic platforms like Weibo, so Twitter became a safe haven for him and other human rights activists. There, they didn’t have to worry about their accounts being deleted, and they expressed their thoughts freely and left a record of their activities and thoughts – Twitter was their open diary.

 

Wu Gan, 公平正义比太阳还要光辉

“Fairness and justice are brighter than the sun.” In 2010, Wu Gan and friends were protesting in Mawei, Fujian province, where three netizens were tried for their online expression.

 

Wu Gan’s Twitter account was such a diary.

At the beginning of this year, when I was doing research for an article, I was able to download his tweets from May 19, 2015, going back to the same date in 2014, reaching apparently the limit Twitter set for retrieving archives.

Take May and June, 2014, as an example: in May, Wu Gan and lawyer Li Heping (李和平) were in the county of Mayang in Huaihua, Hunan Province (湖南怀化麻阳县), where they were assisting a family that had been expropriated of their land, had their house demolished, and relatives in detention. In June, Wu Gan organized a few dozen people to observe the trial of a political prisoner in Hunan, as well as paying attention to the sentencing of Jiangxi’s Liu Ping (刘萍) and the detention of three civil disobedience activists in Guangzhou. That month, Wu Gan also went to Jingdezhen (景德镇) and met with a group of lawyers to work on overturning the the death sentence against four peasants who had been wrongfully convicted of murder. There, he talked to the relatives of the accused about how to use and weaponize the internet. At the same time, he had followed the development of practically all political cases, including those of Guo Feixiong (郭飞雄), Pu Zhiqiang (浦志强), and Gao Yu (高瑜). Wu Gan also released information about donations he had received for completed activities, as well as his experiences, for instance in the Jiansanjiang case [involving rights lawyers beaten up for defending Falun Gong practitioners].

 

Wu Gan, 给乐平案家属讲解如何把互联网变成武器

Wu Gan, right, spoke to relatives of the four wrongfully convicted men in Leping case about using Weibo as a tool and a weapon in June 2014.

 

Wu Gan had some rather big ideas: he hoped that Chinese democracy activists overseas could set up a mock voting system for Chinese citizens to elect a Chinese president, as well as judges, legislators, and local officials.

As for current events, his views were often direct and insightful. He said, “If Taiwan still cannot take a hint from today’s situation in Hong Kong and continues to flirt with the Communist Party thinking that trade will lead to a good and risk-free future and think the wolf’s milk they’re drinking is free, one day the Chicoms are going to take back everything when they have an epileptic attack. No good can come of making a deal with the devil.”

In June that year he also said he was occupied with his marriage, fixing up his house, and family matters in his hometown. He said he had to deal with his family life and that [his work on] justice would have to take a back seat for the time being. But afterward, it seems that he had forgotten about this statement.

One of my favorite Wu Gan tweets is: “Some people fancy that after Xi Jinping finishes the anti-corruption campaign and consolidates power, he will return back to the right path. How many times were these people kicked in the head by donkeys to come up with this kind of idea?”

 

Wu Gan, 驴踢截屏.png

 

As you can see, due to his extensive contacts with various groups and his involvement in many incidents, his Twitter served as a veritable history of China’s human rights struggle between 2009 to 2015. Today, while he finds himself behind bars, cut off from any means of communication with the outside world, his tens of thousands of tweets have been deleted with just a single click.

This goes beyond Wu Gan’s personal loss; it is a huge setback for researchers and anyone who cares about the struggles of contemporary Chinese society.

What happened to Wu Gan’s tweets isn’t unique. In 2016, Sichuan human rights activist Chen Yunfei (陈云飞) not only had his Twitter posts deleted, but his entire account was closed and erased without any trace. There may well be more political prisoners who have been liquidated from online existence — it embarrasses me to admit that I have not paid the matter enough attention thus far.

The internet age has made information easier to produce and more convenient to circulate. However, It has also made it convenient for a highly sophisticated dictatorship, like the one in China, to wipe out the memories and records of people and even entire communities in an instant. They have been doing this all along, but in the last two or three years, the censorship has reached unprecedented heights in its scale and intensity.

For the Chinese government, it’s not enough to delete domestic social media content. They have been trying to extend their control to Twitter, Facebook, and YouTube — all of which are banned in China.

Like me, a scholar who studies the Chinese resistance movement was shocked and concerned about the erasure of Wu Gan’s Twitter record. She proposed the concept of “data ownership.” Chinese netizens are not only deprived of data ownership inside the Great Fire Wall; political prisoners and currently active Twitter users face threats to their data security as well.

The researcher urged me and my fellow human rights advocators to study methods of protecting Chinese netizens’ “data ownership” in foreign social media. The data security of those political prisoners who are in prison, or “sensitive people” who are not in prison but are strictly monitored and threatened by the government, is particularly urgent. Seeing the deletion of Twitter content belonging to Wu Gan and Chen Yunfei and the recent round of censorship targeting Chinese Twitter users (I will report on this in a separate article), we sense that the Chinese government will stop at no means to delete more content that they disagree with.

Large companies like Twitter should be held responsible for protecting the data security of political dissidents in authoritarian states. The researcher suggested that human rights organizations should negotiate with Twitter to develop a third-party mechanism to protect the social account data for Chinese political prisoners based on CECC’s relatively complete and constantly updated database (http://ppdcecc.gov/) of Chinese incarcerated for their dissident activities. This system could provide regular backups and prevent the prisoners’ account from being modified.

Right now, what is most urgent is that Twitter needs to know the shocking attacks on free speech that are quietly taking place. We ask Twitter to restore Wu Gan’s Twitter content and Chen Yunfei’s account from its backup database.

Ms. Wang Lihong (王荔蕻), another noted human rights activist and a close friend of Wu Gan, tweeted, “Can someone go talk with Twitter about this? We’re not in jail, and wouldn’t it be a shame if we couldn’t even protect the Twitter account of a prisoner of conscience?”

 

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

 


Related:

#LoveTwitter, a Special Place Like No Other for Mainland Chinese Netizens, March 24, 2016.

Chinese Twitter Users Unsettled at Appointment of New Managing Director, April 17, 2016.

Young Chinese Twitter User Arrested For Proposing Method To Spread Truth About June 4th Massacre, June 9, 2014.

A Month Or So In The House Of Twitter, Yaxue Cao, January 23, 2012.

 

 

 

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Written Appeal on Behalf of Wu Gan

January 10, 2018

 

Since 2009 Wu Gan has arguably been the best known, and certainly the most recognizable, activist in China for his bold and innovative tactics. Wu Gan was arrested on May 19, 2015, and looking back, he was in fact the first detainee of what became the 709 Crackdown. As with all other 709 detainees, he was held in secret detention for months, where he was tortured. He was tried behind closed doors on August 15, 2017, without a verdict. On December 26, the court sentenced him to eight years in prison for “subverting state power.” The evidence against him were 12 occasions where he had campaigned, in his colorful style, to correct injustice in one form or another. According to his lawyer, Wu Gan rejected a deal with the authorities which would have given him a suspended sentence if he were to admit guilt. Following Wu Gan’s sentence, his defending counsel filed the following appeal. — The Editors

 

Wu Gan_黑透了

 

Appellant: Wu Gan (吴淦). Male. Han ethnicity. DOB: February 14, 1972. Place of birth: Fuqing city, Fujian Province. Citizen ID: 3502061972XXXX2033. Senior high school education. Administrative officer at the Beijing Fengrui Law Firm (北京锋锐律师事务所). Currently being held at the Tianjin No. 2 Detention Center (天津市第二看守所).

Defending counsel: Ge Yongxi (葛永喜), Guangdong Anguo Law Firm (广东安国律师事务所); Yan Xin (燕薪), Beijing Laishuo Law Firm (北京来硕律师事务所)

The appellant lodges this appeal to overturn the Tianjin No. 2 Intermediate People’s Court’s (2016) Criminal Judgement No. 146

Appeal request: Vacate the Tianjin No. 2 Intermediate People’s Court’s (2016) Criminal Judgement No. 146 and render a judgement of not guilty.

Facts and Grounds:

i. Subjective Factors

Although the appellant “in court acknowledged his thoughts of subverting state power,” and expressed a wish to endeavour toward this end, thought does not constitute criminal conduct. If the verbal expressions of the appellant are sufficient to constitute a crime, it should also be considered that the appellant in court also said: “subverting state power is the legitimate right of the citizen; subversion of state power shouldn’t even be a crime in the first place.” In the mind of the appellant, he is simply exercising his right to subvert state power — and so what crime has he committed?

ii. Objective Factors

When rendering judgement on whether an individual’s conduct is criminal, it is vital to examine the character of their actions. The actions of the appellant — whether speech made via Weibo, WeChat, Twitter, his three “Guides,” interviews given to foreign media, or audio lectures — all fall under the rubric of legitimate exercise of freedom of speech. Similarly, the appellant’s participation in 12 noted cases — which involved ‘stand-and-watch’ protests, appealing in support of a cause, raising funds, or expressing himself via performance art — are also all exercises in freedom of expression, provided for in his civil rights of: the right to criticize and make suggestions; the right to lodge appeals and complaints; the right to report and expose malfeasance, and so on. These rights are innate, and are provided for in the constitution and law of the People’s Republic of China. The exercise of these rights has nothing at all to do with so-called subversion of state power. Even less are the appellant’s actions implicated in any form of attack on the state regime or the national system of government established in the constitution.

iii. The Object of the Crime

The concept of the “state power” is a macro structure, and refers specifically to the actual rule of the central authority. Local political authorities, local judicial organs, and individual administrative or judicial officials, are not identical with the “state power.” Questioning, criticizing, reporting misconduct, and bringing complaints against local political and judicial organs or individual officials does not constitute an attempt to harm the state power.

iv. Considerations of Harm to Society

All speech acts by the appellant, as well as his participation in the 12 cases, did not cause the harm to society that is required in criminal law for the acts to constitute crimes. Not only did the speech acts not cause any harm at all to society, but they inspired a sense of citizenship and rights consciousness in members of the public, as well as effectively exercising supervision over the work of local governmental and judicial organs, thus causing injustices to be righted. What greater contribution to the public welfare could there be?

v. Regarding the Crime of ‘Subverting State Power’ Itself

    a. What Is the State Power in Question?

“State power” can be defined in both narrow and broad senses. The broader definition would refer to the manner in which state power is expressed in political sovereignty at the level of a nation with defined geographical boundaries. This encompasses all of the authority of a state, including the tripartite legislative, administrative, and judicial powers. The meaning of “state power” under this definition is simply a concrete manifestation of political sovereignty.

The narrow definition of state power refers to the central or federal administrative branch of government within the framework of a national polity.

     b. Who Can Subvert the Sovereignty of the People?

In the current era, nation states are countries under the sovereignty of the people. The second article in the constitution of the People’s Republic of China stipulates: “All power in the People’s Republic of China belongs to the people.” This sentence sufficiently demonstrates that state power in China has to be established on the basis of popular sovereignty. Given that sovereignty belongs to the people, then of course the people have the right to subvert the regime. It is simply a matter of the methods used: whether peaceful elections, non-violent revolution, violent revolution, or other means. Looking to political experience and practice around the world, it’s only the dictatorships that grasp onto power for decades on end who in actual fact subvert the sovereignty of the people. This is why no one has heard of ordinary citizens in a civilized country being charged with the crime of subverting state power. If sovereignty does not belong to the people, then the people’s subversion of state power in order to return sovereignty to the people is right and proper.

    c. State Power is Not Equal to a Political Party’s Regime

In electoral democracies, state power in its narrow definition is typically held at any one time by one or a few political parties — thus the idea of a ‘ruling party’ or a coalition of parties that govern. The matter of which political party power is to reside in should be determined in competitive and free elections. It ought not be that a particular party seizes power for itself exclusively, not allowing any other person or political party comment on the matter. Even if particular citizens offer dissent to the regime of a particular party, or work in concert with one another to subvert it, these are all rights within the ambit of popular sovereignty and have nothing to do with subverting the power of the state.

    d. The Socialist System and State Power

The social system to be adopted is a question of the ideological and political platform of a party. No political party has the right to inextricably bind its own ideology and system and theory of governance to state power writ large, as though it were the unchanging and eternal standard. Whether a political program is accepted and supported by the public ought to be a matter decided by the public at large. Thus, whether one opposes or even attempts to overthrow the socialist system should not be a constitutive element in the determination of subversion of state power. Language referring to the ‘socialist system’ should not appear in the statute addressing this crime.

    e. Only Violent Subversion Can Constitute a Crime

Surveying the legal practices of every constitutional democracy in the world today, it is clear that only when an individual resorts to violence in an attempt to subvert the regime or government does the act constitute a crime. The use of peaceful measures — even when intended to subvert a regime or government — are simply not crimes. Even in the basic theories of political science, the people possess the natural and legitimate right to use violence to overthrow a tyrannical dictatorship. Is not the establishment of the Chinese Communist Party’s government itself just such an example from history?

Given all of the above, the appellant believes that — whether on the basis of the natural rights each individual is endowed with, or the common sense of jurisprudence and political science — the Tianjin Intermediate No. 2 Court should revise its decision against the appellant to not guilty. The appellant also suggests that the National People’s Congress revise the Criminal Law to limit the applicable scope of Article 105, relating to subversion of state power — or simply repeal the criminal category in its entirety.

 

Addressed to:

Tianjin Higher People’s Court

Appellant: Wu Gan

Defending counsel: Ge Yongxi, Yan Xin

January 4, 2018

 

 


Related:

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

Why Is Wu Gan ‘The Butcher’ So Important? Mo Zhixu, August 16, 2017

Wu Gan’s Statement After Being Sentenced to Eight Years in Prison for ‘Subversion,’  China Change, December 26, 2017.

My Pretrial Statement, Wu Gan, August 9, 2017.

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

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

 


Wu Gan’s “three Guides” in Chinese:

Guide to Butchering Pigs (《杀猪宝典》) 

Guide to Drinking Tea (《喝茶宝典》) 

Guide to Petitioners Fighting Against Forced Demolition of Homes (《访民杀猪宝典》)

 

 

 

Wu Gan’s Statement After Being Sentenced to Eight Years in Prison for ‘Subversion’

China Change, December 26, 2017

 

IMG_1551

Wu Gan on June 8, 2015, two weeks after he was arrested: ““My case is an absurd and entertaining movie. The filming has begun, and I have gotten into character.” https://chinachange.org/2015/07/22/wu-gan-the-butcher/

 

On the morning of December 26 courts in Tianjin and Changsha announced the verdicts respectively of Wu Gan, a seminal activist, and Xie Yang, a human rights lawyer. Xie Yang was found guilty of “inciting subversion of state power” while Wu Gan’s refusal to cooperate led him to receive the more severe “subversion of state power.” Both were “convicted,” but Xie Yang was exempt from punishment, while Wu Gan was handed a heavy sentence of eight years.

In a live broadcast, Xie Yang was made to once again deny that he had been tortured, and to thank all parties for a “fair” trial and for “safeguarding” his rights. The first time he was forced to make this false admission was during his trial in May.

On the other hand, Wu Gan’s lawyer reported that he told the court, immediately after the sentence was announced, that “I thank the Communist Party for conferring me this high honor [subversion]. I will not forget my original aspiration, and will roll up my sleeves and work harder.” His remarks were a play on the official words of Xi Jinping; observers found it remarkable that a man who had just received such a harsh sentence would have the sense of humor, and guts, to do so.

It wasn’t until hours later that the authorities released a short clip of Wu Gan in court. Viewers will see why it took time: the authorities doctored the video, using clips of Wu Gan’s secret trial in August to show he was “contrite.” In August, Wu Gan wore a short sleeved T-shirt and read from a sheet of paper that he would not appeal, while yesterday he wore a dark, long-sleeved top.

Wu Gan’s lawyer Ge Yongxi (葛永喜) described on Twitter what the official clips purposefully omitted: Following “I admit that I have harbored thoughts of subverting state power,” Wu Gan added, “but I believe this is a citizen’s right, and my actions do not constitute crimes.”

Lawyer Ge Yongxi challenged the authorities to show the court recording in its entirety.

After Wu Gan’s sentence, his lawyers released a statement on his behalf.

 

Wu Gan’s Statement About His Sentence

For those living under a dictatorship, being given the honorable label of one who “subverts state power” is the highest form of affirmation for a citizen. It’s proof that the citizen wasn’t an accomplice or a slave, and that at the very least he went out and defended, and fought for, human rights. Liang Qichao (梁启超, famous reformist at end of Qing dynasty) said that he and dictatorship were two forces inextricably opposed; I say: If I don’t oppose dictatorship, am I still a man?

They have attempted to have me plead guilt and cooperate with them to produce their propaganda in exchange for a light sentence — they even said that as long as I plead guilty, they’ll give me a three-year sentence suspended for three years. I rejected it all. My eight-year sentence doesn’t make me indignant or hopeless. This was what I chose for myself: when you oppose the dictatorship, it means you are already walking on the path to jail.

I’m optimistic despite the harsh sentence. Because of the internet, more and more people are waking up. The ranks of those ready to stand at the funeral of the dictatorship is growing stronger and larger by the day. Those who try to use jail to frighten citizens pursuing freedom and democracy, thus obstructing the progress of human civilization, won’t meet a good end. Their tyranny is based on a lack of self-confidence — a sign of a guilty conscience and fear. It’s a dead end. When the masses wake up, will the dictatorship’s end be far off?

I have been subjected to torture and other forms of inhumane treatment during my detention thus far — and it’s not an isolated occurrence, but a common phenomenon. I appeal to the international community to closely follow the deterioration of human rights in China, follow the Chinese Communist Party’s criminal detention of its own citizens, and especially of dissidents, along with the other abuses they’re subjected to, including: false charges, secret detention, forced confessions to the media, forced appointment of state-controlled defense counsel, torture and abuse in custody, and the stripping of every civil right of Chinese citizens.

I hereby name the individuals involved in persecuting, torturing, and abusing me: An Shaodong (安少东), Chen Tuo (陈拓), Guan Jiantong (管建童), Yao Cheng (姚诚), Yuan Yi (袁溢), Wang Shoujian (王守俭), Xie Jinchun (谢锦春), Gong Ning (宫宁), Sheng Guowen (盛国文), Cao Jiyuan (曹纪元), Liu Yi (刘毅), Cai Shuying (蔡淑英), Lin Kun (林崑).

 

 

 


Related:

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

Why Is Wu Gan ‘The Butcher’ So Important?, China Change, August 17, 2017.

Wu Gan’s Pretrial Statement, China Change, August 10, 2017.

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

 

 

Why Is Wu Gan ‘The Butcher’ So Important?

Mo Zhixu, August 16, 2017

The Chinese original was first published in December, 2015.

 

Wu Gan_黑透了

 

 

The importance of Wu Gan “the Super Vulgar Butcher” has been widely recognized for some time, and the most direct testament to his importance comes from none other than the party-state itself.  

On May 18, 2015, Wu Gan left for Nanchang, the capital of Jiangxi, to support lawyers in the Leping wrongful conviction case.* That evening, he joined the lawyers’ sit-in at the gate to the Jiangxi High Court, demanding the lawyers’ right to access the case files. On May 19, in a performance typical of Wu Gan, he set two roll-up signs in front of the court calling out court president Zhang Zhonghou (张忠厚). Soon after, Nanchang police picked up Wu Gan, placing him under administrative detention for ten days.

On May 25, Xinhua published the story “Netizen ‘Super Vulgar Butcher’ Wu Gan Put Under Administrative Detention by Nanchang Police.” Official websites across the board republished the article soon after. The next day, CCTV’s “Live News” (新闻直播间) aired a five-and-a-half-minute segment on “The Truth Behind the Detention of Netizen ‘Super Vulgar Butcher’ Wu Gan.” This distorted report on the events at the Jiangxi High Court augured in the campaign to defame Wu Gan.

On May 27, Wu Gan was put under criminal detention and charged with slander and “picking quarrels and provoking trouble.” On May 28, Xinhua published “Uncovering the Real ‘Super Vulgar Butcher’—Wu Gan Criminally Detained on Suspicion of Picking Quarrels and Provoking Trouble, Slander.” This was printed on page 11 of the People’s Daily—in the politics section. The same day, CCTV’s “Morning News” (朝闻天) and “Live News” devoted over 5 minutes and 12 minutes respectively to the details of Wu Gan’s detention, while the China Police Daily led with Wu Gan’s story on page 1. These articles and videos were circulated all over the internet. For a time, Wu Gan the Butcher took over computer screens. Some people joked that only a few people had received this much attention since the Chinese Communist Party took power in 1949.

People can’t help but ask, what’s so important about Wu Gan the Butcher?

Wu Gan is from Fuqing, Fujian Province. He formerly served in the border security force at the Xiamen airport. For family reasons, he settled in Yangshuo, Guangxi Province. He’s an avid internet user, posting mainly on the KDnet forums. “Super Vulgar Butcher” is his KDnet screen name.

When the Deng Yujiao (邓玉娇) case shook the nation in May 2009, Wu Gan went on his own to the scene in Badong, Hubei Province. He managed to visit Deng in a mental institution where she was being held for stabbing to death an official who tried to sexually assault her at a public bath where she was a waitress. Working with lawyers, Wu Gan launched an online support campaign that was crucial to Deng’s release and the dropping of her murder charge.

At the same time, Wu Gan raised funds online for his trip to Badong. He was challenged on this, but also gained a great deal of support. As he rose to prominence in the rights defense community, fellow activists copied and improved upon his method of crowdfunding. It increasingly became common practice among human rights defenders and resisters in mainland China.

On March 19, 2010, as netizens around the country “surrounded and watched” (围观, a way of demonstration) the trial of the three netizens from Fujian, the authorities abruptly changed the date, followed by a few clashes near the court. The date of the trial was then officially set for April 16, 2010. About a week prior, Wu Gan set up a tent outside the gates of the Fuzhou No. 1 Detention Center and reported from the scene, stoking the fire of online excitement.

On April 16, more than 100 netizens from all over China managed to demonstrate at the Fuzhou Mawei Court. The success of the 416 demonstration in support of the three netizens tried for internet expressions marked a new high point for crowdfunding, online-offline activism, cross-regional networking, and frontal resistance. It was a breakthrough in both the scale and substance of resistance in mainland China, reaching a level that has not yet been surpassed.

The inspiration for and implementation of crowdfunding for the 416 demonstration came directly from Wu Gan. He also played a key role in the campaign from beginning to end.

On October 8, 2010, Wu Gan, Xu Zhiyong (许志永), Wang Lihong (王荔蕻), and Zhao Changqing (赵常青) held up signs at the east gate of the Temple of Earth in Beijing to congratulate Liu Xiaobo on winning the Nobel Peace Prize. Soon after, everyone except for Xu Zhiyong were punished with eight days of administrative detention. Before the Nobel award ceremony, the Fujian police took Wu Gan back. His phone was cut off, and he went missing for over a month.

In October 2011, 30 citizens including Liu Ping (刘萍, a female activist in Jiangxi, now serving a 6 year sentence) decided to stay outside Dongshigu to support Chen Guangcheng. Wu Gan launched a crowdfunding campaign to support their effort, and by then this model of crowdfunding — online-offline, cross-province, frontal resistance — had matured, and it has been imitated by more and more human rights defenders.

Rights defense actions during the past few years — such as the observation of the unusual death of Xue Mingkai’s (薛明凯) father in Qufu, Shandong; of the black jail in Jiansanjiang; and of the congregation outside the Zhengzhou No. 3 Detention Center — all follow the pattern cut by the April 16 demonstration. Even those actions in which Wu Gan had no direct involvement show his influence.

When Yueqing village chief Qian Yunhui (钱云会) was crushed to death under a truck on December 25, 2011, outrage exploded online. Once again, Wu Gan went to the scene, where he managed to obtain relevant video footage. Soon after, Wu Gan experimented to transform himself from the role of the first responder to that of behind-the-scenes operator focusing on gathering resources for the frontline and coordinating public opinion. At the same time, supervision of the crowdfunding account was transferred to Guo Yushan’s (郭玉闪) Transition Institute.

From 2011, Wu Gan introduced his rights defense experiences in a batch of Weibo posts he called “Guide to Butchering Pigs” (《杀猪宝典》). According to the Guide,  the rights defense movement cannot count on an enlightened ruler for its success, nor on positive forces inside the system. Instead, the movement must creatively deploy any and all means by which to plant psychological deterrents against the relevant officials, thereby achieving resolution to the issue at hand. Intrinsic to this view is the pursuit of a beneficial outcome for the party concerned. It was met with praise as the activists took things into their own hands, not waiting for a just official to arrive on the scene to solve their problems.

After 2012, Wu Gan devoted his energy more to the role of a fundraiser and public opinion coordinator.  He raised money for certain rights defenders, victims of rights violations, and political prisoners, including Xiao Yong (肖勇) and Zhao Fengsheng (赵枫生) from Hunan, Fan Mugen (范木根) of Jiangsu, Liu Jiacai (刘家财) of Hubei, and Ren Ziyuan (任自元) of Shandong. Wu Gan kept a low profile, doing good without seeking recognition. A great deal of similar work of his remains unknown.

Starting in 2012, a band of lawyers known as “diehard lawyers” (死磕派) emerged, fighting the judicial system over procedural violations to advance the rule of law. This method resonates with the direct resistance in the Fujian Three Netizen case. Wu Gan started to interact, even cooperate, with the human rights lawyers. He became involved in cases such as the forced demolition in Huaihua, Hunan Province, and the case of wrongful conviction in Leping, Jiangxi. In November 2014, Wu Gan was hired as staff at the Beijing Fengrui Law Firm.

Diehard lawyering emerged from the Weibo era as a form of rights defense. Wu Gan’s transformation signified the infusion of his model of resistance into legal rights defense and diehard lawyering, strengthening the movement’s ability to mobilize, propagate, and sustain itself.

In May 2015, the Qing’an case erupted. At noon on May 2, a peasant named Xu Chunhe (徐纯合) was shot dead by a police officer in the waiting room of a Qing’an County train station in Heilongjiang Province. The incident drew the attention and anger of netizens all over China. Wu Gan immediately started to investigate the truth of the case. On May 7, Wu Gan posted a 10,000 yuan (about $1,500) reward for citizens to collect videos of Xu Chunhe at the train station from eyewitnesses. When the videos were made public, they circulated widely on WeChat, Weibo, online forums, and in overseas media. One after another, rights defense lawyers and citizens from all over the country arrived in Qing’an to offer legal services and take action. Wu Gan’s actions made it harder for the government to manipulate the truth, giving reasons to the authorities to settle accounts with him later.

As you can see, Wu Gan was no superhuman with unusual abilities. His importance, first of all, lay in his place at the convergence of three burgeoning models of resistance: diehard lawyering, citizen and petitioners “surround-and-watch” strategies, online mobilization of public opinion, and online crowdfunding.

Secondly, Wu Gan’s years of activism and exposure turned him into a symbol of popular resistance. This is why, as soon as Wu Gan was detained and the propaganda machine’s smear campaign against him ran in full gear, insightful observers believed that the detention of Wu Gan and the ensuing top-level smear campaign by the state’s propaganda machine was a prelude to a larger attack on the diehard lawyers, human rights activists, and citizen activists. The strike against Wu Gan, they believed, was quite likely just the beginning of something big.

When Wu Gan was criminally detained, I wrote that “The all-out treatment of The Butcher (Wu Gan) by the People’s Daily, Xinhua, and CCTV, a rare occurrence since 1949, is not targeted at Wu Gan himself, but rather is the start of an all-encompassing suppression of the entire model of dieharders (lawyers) + activists (citizens, petitioners) + public opinion mobilizers (online). Their next targets are human rights lawyers and the community of activists. With such a forceful start, the attack to follow could be worse than anyone can imagine.”

And so it went. One and a half months after The Butcher was formally arrested, on July 9, 2015, the all-out attack on human rights lawyers and their activist associates began. Twelve lawyers and similar number of activists were criminally detained and then placed under residential surveillance at a designated place — China’s term for secret detention. Over 250 lawyers were detained, summoned, and subpoenaed. This attack was not just sudden, but irrational and arbitrary. Five months on [this article was written in December 2015 — Editors], no 709 detainees have been allowed to access their defense lawyers. Even more fascinating, the authorities portrayed the Fengrui Law Firm as a criminal gang in order to hide the political objective behind the attack. But in reality, practically everyone can see what this attack is all about!

Nearly every lawyer and activist caught in the 709 crackdown had either worked closely with Wu Gan or was a good friend of his. Seven of the detained lawyers and legal staff worked at Fengrui: Zhou Shifeng (周世锋), Wang Yu (王宇), Bao Longjun (包龙军), Wang Quanzhang (王全璋), Liu Sixin (刘四新), Xie Yuandong (谢远东), and Huang Liqun (黄立群). Others had worked with Wu Gan on the Huaihua forced demolition case: Li Heping (李和平), Xie Yang (谢阳), and Sui Muqing (隋牧青). The citizen activists Monk Wang Yun (Lin Bin 望云和尚,or 林斌), Hu Shigen (胡石根), and Zhao Wei (赵威) all had strong personal relationships with Wu Gan. For this reason, according to his lawyer, Yan Wenxin (燕文薪), Wu Gan’s case has since been merged with the 709 cases, he could no longer visit Wu Gan, and it’s possible that Wu Gan has been moved from Fujian to Tianjin [this turned out to be the case — Editors].

In the few years since May 2009, Wu Gan has transformed from an ordinary netizen to a legal worker and human rights activist. It is no exaggeration to call Wu Gan China’s most prominent activist, and his model of crowdfunding, online-offline activity, cross-regional networking, and direct resistance, combined with new elements like the diehard lawyers, has already reached a new height, and has become the standard for political activism. His “Guide to Slaughtered Pigs” publicized the concept of improving one’s well-being through opposition and resistance. It has spread widely and continued to gain recognition.

It is precisely for these reasons that Wu Gan was targeted by the authorities. To thwart the further influence of his methodology, they did not stint in using their propaganda to defame him. Months have passed without any news from Wu Gan and the many lawyers and activists detained on July 9 and the following days. Their misfortune confirms the righteousness of their cause, and the system’s increasingly arbitrary strategy against them puts into relief the value and importance of people like Wu Gan.

Looking to the future, China is entering an ice age for political activism under a form of money-infused totalitarianism. The government may ruthlessly stifle the resistance model of diehard lawyering + cross-regional networking + online mobilization. Still, the spirit of resistance Wu Gan and others have shown is destined to be passed down, and to become the fundamental strength in China’s transition to a democracy.

 

* The Leping case took place in Leping of Jiangxi Province (江西乐平) in 2000, with an incident of kidnapping, rape, and a dismembered body. Two years later police arrested four men in Zhongdian village of Leping county: Huang Zhiqiang (黄志强), Fang Chunping (方春平), Cheng Fagen (程发根), and Cheng Li (程立). Under torture, the four of them “confessed” to the crime; by 2015 they had been in prison for over 13 years and had been given death sentences twice. In 2011 local public security officers arrested a man who confessed to murdering and dismembering the victim in 2000. Lawyers representing the four victims then demanded that the authorities re-investigate the case, but the Jiangxi High people’s Court refused the lawyers’ access to the case files. In response, the lawyers protested outside the court for days. Eventually the Jiangxi High Court did retry the Leping case and on December 22, 2016, issued new verdicts: the four defendants were found not guilty and immediately released.

 

Mo Zhixu (莫之许), pen name of Zhao Hui (赵晖), is a Chinese dissident intellectual and a frequent contributor of Chinese-language publications known for his incisive views of Chinese politics and opposition. He is the co-author of “China at the Tipping Point? Authoritarianism and Contestation” in the January, 2013, issue of Journal of Democracy. He currently lives in Guangzhou.

 

 


Related:

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

My Pretrial Statement, Wu Gan, August 9, 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 《莫之许:屠夫为什么如此重要?》

 

 

 

The Twelve ‘Crimes’ of Wu Gan the Butcher

China Change, August 13, 2017

 

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Wu Gan in Fuzhou in 2010.

 

On Monday one of China’s most well-known rights defense activists, Wu Gan (known by the moniker “The Super Vulgar Butcher” online) will be put on trial in the Tianjin No. 2 Intermediate People’s Court. The court says that the case involves “state secrets” and has announced that it will be a closed hearing. For days now, activists and lawyers around the country have been warned not to travel to Tianjin to try to attend the trial or congregate outside the courthouse. Last December, Wu Gan was charged with subversion of state power. Since the Deng Yujiao case in 2009, he has been an active in the public sphere. All the way until he was arrested in May 2015, Wu Gan was a presence in countless cases involving social justice, grassroots elections, and human rights abuses. He cultivated a renown for his unprecedented ability to mobilize supporters both online and off.

The prosecutor’s Indictment against him refers to his involvement in 12 incidents, held up as evidence of how “Defendant Wu Gan has organized, plotted, and carried out subversion of the state regime and overthrow of the socialist system.”

Recently, Wu Gan asked his lawyers to publish a “Pretrial Statement” he had given them, which explained that all he had done in those cases was to help those searching for justice, exercising their rights as citizens granted and protected in the Chinese constitution and acknowledged around the world as universal values.  

Given that neither Wu Gan himself nor his lawyers are able to mount a meaningful defense in a Chinese court, let alone get a fair trial, we provide you with a summary of each incident, and we ask the world to hear Wu Gan’s case and be his jury.  

  1. The framing of three netizens from Fujian (April 2010)

 

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In June 2009, the Fujian-based human rights defender Fan Yanqiong (范燕琼) exposed an incident — as told by the mother of the victim — in which a young woman from eastern Fujian province was in February of that year gang-raped and murdered by police. You Jingyou (游精佑), a local railway engineer who has an interest in social justice issues, recorded a video interview with the mother, while another human rights defender, Wu Huaying (吴华英), helped to spread the video online. On June 24 Fan Yanqiong, You Jingyou and Wu Huaying were criminally detained by the Fuzhou police and charged with “slander.” The fact that this incident, taking place in a remote part of Fujian, became known as the “case of the three netizens from Fujian,” and became a topic of major interest, receiving national attention and support from activists both online and off, was to a large degree due to the creativity of Wu Gan.

Wu Gan’s involvement in the case began in February 2010. On April 16, a week before the trial opened, Wu Gan set up a tent and began camping outside the Fuzhou Municipal No. 1 Detention Center, sending a constant stream of updates to followers online, creating buzz about the impending protests. On the day of the trial over 100 netizens from around the country gathered outside the Fuzhou Mawei Court to demonstrate. Images of Wu Gan holding a speaker and mobilizing the protesters at the scene became well-known to internet users. The case of the three Fujian netizens was the beginning of a model in China that turned such trials into public spectacles. For years afterwards this became one of the staples in the activist repertoire.

According to the Indictment against him, on the date of hearing, Wu Gan “hung banners and shouted slogans with others outside of the court and posted video on the Internet, severely affecting the People’s Court in its examination of the case according to the law, smearing the image of the judicial institution, and creating bad political effects both at home and abroad.”

“I got involved in this case,” Wu Gan said, “because it closely relates to the rights of all of us. We’re all plain old internet users — so if these three people are turned into criminals, then every time we go online and post something, we could also all be turned into criminals too.”

Fan Yanqiong, the lawyer, was sentenced to prison for two years, while the other two received sentences of one year each.

  1. The Fuzhou Cangshan-Jin’an-Mawei forced demolition case (April 2012)

In April 2012 Wu Gan responded to a request to return to Fuzhou and help defend the rights of a resident who had gotten into a conflict with the government over forced demolitions. The dispute arose because the resident found the compensation he was was offered far too low, and refused to relocate. In an attempt to force he and his family out, real estate developers cut off their water and electricity, then began stacking heavy construction supplies around the house, before directing workers to begin laying the structural foundations for the new buildings.

Wu Gan used a variety of techniques in the case: he made requests for open information from the government, exposed that the developers did not have permission to begin work, showing that it was thus illegal, put up posters in the vicinity about the fact, and began camping outside the Fuzhou Construction Bureau’s offices to demonstrate.

Because their home had already been damaged at this point, and the victims had no place to live, Wu Gan said he wanted to meet with the local leading cadres in the area to resolve the issue of their housing. When he found that one of them was a female, in order to stage a more eye-catching protest, Wu Gan bought a naked human model, then attached the face of the female cadre to the head. After the police angrily told them not to parade it around, Wu Gan and others dropped the plans for a march with the model.

Wu Gan made a recording of the violent scenes of forced demolition and put them online. “The government and the developers brought in the mob,” Wu Gan said. “Whoever disobeyed them would be beaten by the gang of thugs. I ran a big risk by going upstairs to record what they were doing, but the police did nothing to stop them.”

  1. Defending his father from false charges of embezzlement (September 2012)

 

 

Over his years of rights defense, protest, and supervising those in power across the country, Wu Gan was constantly concerned that his family would be targeted for retaliation. In September 2012 the Fujian authorities detained his father, Xu Xiaoshun (徐孝顺), on the charge of “embezzlement.” He was released on probation a couple of months later, and the case was afterwards dismissed. On July 3, 2015, when Wu Gan was formally arrested, Xu Xiaoshun was on July 4 again taken into custody with the same charges. The attempt by the authorities to put Wu Gan under pressure by persecuting his father couldn’t have been more obvious.

On January 19, 2017, Xu Xiaoshun was again released on probation. On May 3, 2017, the Fuqing Municipal Intermediate People’s Court declared that the facts in the case against Xu Xiaoshun were unclear and that there was insufficient evidence to try him, and his case was again dropped.  

Beginning in May, Wu Gan’s father began the work of trying to get his son released. In his “Open Letter to Friends of Wu Gan Concerned With the 709 Incident,” he admitted frankly that in the past he hadn’t supported his son’s rights defense work. “We argued about it every time we met,” he wrote. But, he added, “What I know and believe is that he is a man full of enthusiasm, truth, and kindness.” The father was furious at the Bill of Indictment against Wu Gan, which turned Wu’s attempts to redress victims into the crime of “subverting state power.” He continued: “I was, deep inside, very proud of my son.”

According to the indictment, Wu Gan protesting outside the Fuqing Public Security Bureau for arresting his father, then posting information about the Public Security Bureau chief and bureau personnel online “severely harmed the image of public security organs and the People’s Police, and provoked people unfamiliar with the truth of the situation to hostility toward organs of the state regime.”

Wu Gan will be tried in secret in Tianjin on August 14. As his father, Xu Xiaoshun should be sitting in the courtroom, but on August 10 he was effectively put under arrest by Fujian security police and forcibly taken back to his hometown in Fuqing. The warnings given to dozens of other human rights lawyers and rights defenders, to “not go where you shouldn’t go,” show that the authorities are paranoid about the trial they’re about to hold. Officials don’t even mention the words “Tianjin” when issuing the warnings, showing that the trial for them has become a major political affair.

  1. Protesting the black jail in Jiansanjiang (March 2014)

Extralegal places of detention — “black jails” — are a major problem in China. After the abolition of the re-education through forced labor system in 2013, large numbers of Falun Gong practitioners and petitioners were transferred to black jails — set up in local government-controlled buildings or guest houses — or so-called “legal education bases.” On March 20, 2014, the human rights lawyers Tang Jitian (唐吉田), Jiang Tianyong (江天勇), Wang Cheng (王成), Zhang Junjie (张俊杰), and nine relatives of the victims, traveled to a “legal education base” on Qinglongshan Farm (青龙山农场), part of the Heilongjiang Agricultural Reclamation Administration (黑龙江农垦总局), demanding the release of a number of illegally detained Falun Gong practitioners. In the morning of March 21 they were taken away by a group of public security officers, put under administrative detention, then charged with the crime of “using an evil religious organization to harm society and violate the law.” During the detention the four lawyers were savagely beaten, to the point that all four suffered broken ribs.

The Jiansanjiang Incident, as it was termed, attracted widespread attention among human rights lawyers and activists. People traveled from around China to Jiamusi, the nearest city in Heilongjiang, and then to the Jiansanjiang area to demonstrate. Wu Gan was part of a group of citizens that went to call out for the release of the lawyers. On March 26, 2014, he put the equivalent of a reward poster online, promising to pay 50,000 RMB to whoever could provide evidence of illegal conduct by the chief of the Jiansanjiang Agricultural Reclamation Administration’s Public Security Bureau, Liu Guofeng (刘国锋).

The charges against Wu Gan say that he set off a “human flesh search” online and published an “reward for the capture of a criminal,” and that these acts constituted “incitement of opposition to the state regime, creating a severely vile political impact domestically and internationally.”

Wu Gan responded to the doubts raised about his methods online, saying, “We can’t change this fucked up country all at once, but at the very least we will have done our best when it was at its darkest, we will have given one another warmth, shown the helpless that they’re not alone, and when we look back on all this we’ll be able to proudly say that we were part of it: I forked out my own money, I put in my own effort, I got involved, I didn’t sit back and do nothing!”

  1. Defending the Huang sisters from land requisitions in Huaihua, Hunan (May 2014)

 

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In October 2009, the Mayang county government in Huaihua city, Hunan Province (湖南怀化市麻阳县政府) — without going through any public discussion with the villagers, or gaining any legal document to authorize the requisition of land — forcibly acquired over 10,000 mu (1,647 acres) of agricultural land from villagers at an extremely suppressed price. The government then sold this expropriated land to real estate developers, taking for themselves an enormous profit. This has been the model for how land transactions have been dealt with during China’s economic development for many years.

In November 2009, five Huang clans in the Dalilin village, Gaolin township, Mayang Miao autonomous county in Huaihua, began to defend the legal rights they had to their land assets, refusing to sign the documents that would have transferred the title. They also got into a physical conflict with some of the men the developers hired to carry out the forced demolition work. In August of 2012, at least five members of the Huang clan were arrested and sentenced on the charges of “gathering a crowd to disturb public order.” In January of 2013, when a number of them were released on probation, the two sisters sought help online. Lawyer Li Heping, Li Chunfu, Xie Yang, as well as Wu Gan learned about the case and got involved in it. Li Heping brought suit at the Huaihua Municipal Intermediate Court, and made an official request for public information from the Mayang county government for the land title information and the authorization for the demolitions. In November of 2013, three of the Huang clan buildings were violently torn down. On April 24, 2013, when Li Heping and a number of other lawyers held a hearing on behalf of the Huang clan at the Mayang Bureau of Land Resources, the Mayang county public security bureau chief ordered a gang of his subordinates to mob and bash them.

During the trial of second instance in May 2014, Zhu Ruifeng (朱瑞峰), a reporter with People’s Supervision Network (人民监督网), an independent website that has since been shut down, traveled to Mayang county to investigate — they were refused access by the Party secretary, Hu Jiawu (胡佳武). Wu Gan then made his way to the Huaihua Municipal Procuratorate and lodged a legal complaint against Hu.

Charges against Wu Gan, however, make no mention of the illegal government land requisitions in Mayang, instead claiming that Wu Gan’s protests outside the Mayang county government offices, and his complaint to the Procuratorate, constituted “inciting individuals who don’t know the truth of the matter to be unhappy with the system of socialism with Chinese characteristics.”

  1. The case of the ‘Ten Gentlemen from Zhengzhou’ (May 2014)

 

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On February 2, 2014, two students from the 1989 democracy generation — Yu Shiwen (于世文) and Chen Wei (陈卫) — organized an event to commemorate Hu Yaobang (胡耀邦) and Zhao Ziyang (赵紫阳) near Zhao’s old family home in Hua county, Henan Province (河南省滑县). But in May that year, a number of participants were criminally detained and charged with “picking quarrels and provoking trouble.” The case came to be known as that of the Zhengzhou Ten (郑州十君子案).

Upon hearing of the case, activists from around China rushed to the two Zhengzhou detention centers where the participants were being held and began protesting. They unfurled banners, cried out slogans, demanded their release, and criticized the Zhengzhou authorities for depriving the detainees of their right to legal counsel. The number of protesters grew from a couple of dozen to about 70 at its peak. In the end, they were swept up and cleared out. Speaking to Radio Free Asia, Wu Gan said that “the authorities were frightened that so many people had gathered together.”

Later, most of those detained were released one after another, and Yu Shiwen, the only one that was charged, was released on probation in February 2017 without having been charged with a crime.

Nevertheless, Wu Gan’s protest has been taken as evidence constituting the crime of subversion of state power. The charges against him say that Wu Gan “agitated individuals who did not know the truth of the matter to hate organs of the state regime, creating a vile political impact domestically and internationally.”

  1. Beijing lawyer Cheng Hai’s administrative hearing

Cheng Hai (程海), a human rights lawyer based in Beijing, defended the New Citizens Movement (新公民运动) activist Ding Jiaxi (丁家喜) in 2014. When the trial opened, he demanded that the court rectify the numerous violations of legal procedure from the beginning of the investigation until the trial, but every time he tried to speak was interrupted by the judge. So he left the courtroom and lodged a complaint against the judge. In response, Beijing’s Changping District judicial bureau banned Cheng Hai from practicing law for one year. Nearly 190 lawyers from around the country jointly signed a petition demanding that the Changping district judicial bureau rescind its punishment, to protect the legal rights of lawyers. On September 5, 2014, over 100 human rights lawyers and citizen activists traveled to Changping to participate in the judicial bureau’s open hearing about the administrative punishment of Cheng Hai. Upon arrival, however, they were intercepted and prevented from attending by police and plainclothes officers. Wu Gan began holding up placards in protest of this illegal obstruction. Police also removed a number of lawyers and activists from the scene, including Wu Gan, locking them up for hours in the local police station. In the end, the punishment against Cheng Hai was sustained.

The charges against Wu Gan never explain why the police stopped lawyers and citizens from attending a public hearing held by a government agency — yet they still said that Wu Gan had “incited people online to travel to the scene of the hearing and illegally gather,” and they said that his holding up of placards in protest was “slandering and attacking organs of the state regime.”

  1. The case of Lu Yong’s civil appeal in Dali, Yunnan (December 2014)

In 2009 a man named Lu Yong (陆勇) rented a courtyard home on the shore of Erhai Lake in Shuanglang township, Dali, Yunnan (云南大理双廊镇洱海). The term of the lease was 20 years, and he paid it full in cash before the term began. The landlord, Li Hongjun (李红军), used the funds to build a three storey home elsewhere and moved in with his family. In 2010 tourism in Langyang township began to take off and rents shot up. The landlord reneged on the deal and moved his parents to occupy the old courtyard home. Lu Yong, who had already settled with his family in Beijing, went through two years of legal proceedings, including two trials, to finally get the house back in 2011. But in early 2014, the landlord bought off a judge at Dali’s Intermediate Court, Bao Kang (鲍康), who issued a “ruling for a retrial” (再审裁定书) that had no legal basis whatsoever. The “retrial” ordered that Lu Yong give the house back. Determined to defend right and wrong in his case, Lu Yong hired the Beijing-based Ruifeng Law Firm in response to the judge’s acceptance of bribes and twisting of the law. At the time Wu Gan was working as a consultant with the firm.

In January 2015, Wu Gan and lawyer Xie Yuandong (谢远东) accompanied Lu Yong to Dali to make a formal complaint against Bao Kang, the judge, for bending the law to his personal ends, and submitted the evidence they possessed. They also submitted the evidence and complaints to the Dali Procuratorate, the Yunnan Provincial High Court, the Yunnan Provincial Procuratorate, and the Yunnan Commission for Discipline Inspection. Wu Gan drove their vehicle around the court for about an hour in protest, attracting seven or eight onlookers who came to see what was going on.

To Lu Yong’s bewilderment, his case also become part of the evidence against Wu Gan of subverting state power. The completely justified and fully-evidenced complaint against a judge in Dali turned into, in the charges against Wu Gan, the claim that “he attacked judicial organs, besmirched the judicial system, and maliciously stirred up trouble on the internet, attempting to incite people who did not know the truth to resent China’s socialism-with-Chinese-characteristics judicial system.”

  1. The death of Fan Bengen in Suzhou (January 2014 to January 2015)

 

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On December 3, 2013, the Suzhou resident Fan Mugen (范木根) returned home after having fled for some time to evade forced relocation. Shortly afterwards, numerous men with clubs stormed his home, beating his wife and son with their weapons. Fan Mugen took out a knife in self-defense, stabbing two of the aggressors to death. Lawyers from Beijing and elsewhere offered to represent him, and local human rights defenders in Suzhou traveled to the scene to prevent further attacks, collect evidence, and testify that Fan Mugen was engaged in genuine self-defense. On May 8, 2015, the Suzhou Municipal Intermediate Court publicly pronounced its verdict on Fan Mugen, finding him guilty of “intentional injury” and sentencing him to eight years imprisonment. The trial of second instance upheld the verdict. Large numbers of people however believed that he should have been found not-guilty and released.

Advocating on behalf of Fan Mugen in particular, and on deaths during forced demolition cases in general, has long been a focus of local Suzhou activists. Wu Gan began an online movement to raise funds for Fan Mugen’s defense.

The charges against Wu Gan say that he “actively started organizing fundraising online, maliciously created a disturbance, and incited people who didn’t know the facts to come to Suzhou to illegally assemble, stir up trouble and oppose the government.”

  1. The Baoding extortion case (March 2015)

Li Jie (李杰), the chief of Longzhuang village, Xinshi district, Baoding city, Hebei Province (河北省保定市新市区沈庄村), was in August 2013 charged with extortion and criminally detained. The Mancheng Court found Li Jie guilty of the crime in the trial of first instance and sentenced him to 15 years imprisonment. The trial of second instance found the case to be a grave miscarriage of justice, but the judge did not dare to violate the demands of the leader of the local politico-legal committee [a Party agency that controls the courts] and thus did not declare him not guilty. There have been countless cases of this kind in China.

On March 13, 2015, Wu Gan described the essence of the case on Twitter: “The politico-legal committee leadership in Baoding City, Hebei, is engaged in a ‘visual engineering’ project along the lines of Bo Xilai’s ‘strike the black’ campaign in Chongqing. They have no compunctions about declaring innocent people guilty in order to create the impression that they’re sending hardened mob elements to prison.” He called for the public to pay attention to the Li Jie case.

The Indictment against Wu Gan says that he “created a malicious disturbance online, stirring up resentment against China’s socialism-with-Chinese-characteristics judicial system among people who didn’t know the true circumstances.”

  1. The shooting of Xu Chunhe in Qing’an, Heilongjiang (May 2015)

 

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On May 2, 2015, Xu Chunhe (徐纯和), a petitioner from Suihua in Heilongjiang Province (黑龙江绥化), took his family on a trip outside the area. He was stopped and prevented from boarding a train by police officer Li Lebin (李乐斌), who then began beating him. After Xu grabbed ahold of Li’s baton during the struggle, in an attempt to stop Li, Li shot him to death on the grounds that he was attacking an officer. Xu Chunhe’s mother and three children saw the entire incident unfold.

In the face of a torrent of public criticism, officialdom turned on the propaganda machinery, unleashing their Fifty Cent Army to flood the internet saying that Li Lebin had opened fire in a lawful manner. Xie Yanyi (谢燕益), Li Zhongwei (李仲伟), Xie Yang (谢阳), Liu Shuqing (刘书庆), and other lawyers, traveled to Heilongjiang to provide legal counsel to Xu Chunhe’s family. Wu Gan managed to get ahold of a surveillance tape of the incident and published the video online, leading it to go viral. Numerous activists began traveling to Qing’an to protest the injustice. The human rights lawyers who were attempting to intercede in the case were administratively detained, and any further lawyers who traveled to the area were similarly taken into custody.

In thanking the eyewitness who provided the video footage — a student who knew well the dangers of spreading such sensitive content — Wu Gan wrote at the beginning of the footage posted on YouTube: “It’s all because of the numbness and cowardice of people that our country has decayed to its present state.”

The charges against Wu Gan instead say that he “published a large number of Weibo posts warping the true facts of the manner… and incited others to travel to Qing’an county and illegally assemble.” He was also said to have “agitated the masses who don’t understand the truth to oppose organs of the state regime.”

The widespread attention that the Qing’an case received, and its impact on public opinion, is seen by many as one of the proximate causes of the mass arrests carried out from July 9, 2015, and onward against human rights lawyers and activists, known as the 709 Crackdown.

  1. The Jiangxi Leping miscarriage of justice (May 2015)

 

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The Leping case took place in Leping of Jiangxi Province (江西乐平) in 2000, with an incident of kidnapping, rape, and a dismembered body. Two years later police arrested four men in Zhongdian village of Leping county: Huang Zhiqiang (黄志强), Fang Chunping (方春平), Cheng Fagen (程发根), and Cheng Li (程立). Under torture, the four of them “confessed” to the crime; by 2015 they had been in prison for over 13 years and had been given death sentences twice. In 2011 local public security officers arrested a criminal in another case, Fang Linzai (方林崽), who confessed to murdering and dismembering the victim in 2000. Lawyers representing the four victims then demanded that the authorities re-investigate the case, but the Jiangxi High people’s Court refused the lawyers’ access to the case files. In response, the lawyers Zhang Weiyu (张维玉), Wang Fei (王飞), Yan Huafeng (严华丰), and Zhang Kai (张凯), among others, protested outside the court for days, holding placards demanding the court to allow them to read the files.

Wu Gan traveled to the court in May, by which time the lawyers had already been holding vigil for eight days and had still not gained access to the original case files. Wu Gan setup two retractable display banners outside the court, printing on them: “Jiangxi High Court president Zhang Zhonghou: just name your price!” (江西高院张忠厚院长,你开个价吧!) and “Lawless, immoral, inhuman: Violating the law, violating conscience, violating Party discipline, and violating Heaven’s principles” (无法无天无人性,违法违心违纪违天理). This was Wu Gan at his most idiosyncratic in the art of using public shaming as protest.

On May 19, 2015, Wu Gan was detained. Official media Xinhua wrote in a report several days later that he was being administratively detained for 10 days for “disrupting work unit order and publicly humiliating people.” But within that period Wu Gan was criminally detained by Fujian police on charges of “picking quarrels and provoking trouble,” as well as “slander.” He was detained in Fujian and then transferred to Tianjin, where he became the 709 Crackdown’s inaugural prisoner.

The Indictment against him said that Wu Gan has “besmirched the image of the judicial organs, slandering and attacking the state’s judicial system.” For most observers, however, it was the authorities’ denial to allow lawyers to review supposedly public case files that dealt damage to the image of China’s judicial system.

Most ironically, the Jiangxi High Court did retry the Leping case and on December 22, 2016, issued new verdicts: the four defendants were found not guilty and immediately released. Yet Wu Gan’s protests outside court were still included in the criminal charges against him, demonstrating that China’s judicial system is not only unjust, but also absurd.

***

These are the 12 cases the prosecutors cited to support the charges of “subversion of state power” against Wu Gan. Interestingly, the indictment steers clear some of the more celebrated cases in which Wu Gan played larger roles and displayed uncommon gallantry, such as the Deng Yujiao (邓玉娇) case (a young footbath waitress in Hunan who killed an official attempting to rape her), the Xia Junfeng (夏俊峰) case (a street vendor in Shenyang who killed a violent chengguan [semi-official streep cop] in self-defence), the Qian Yunhui (钱云会) case (a village chief in Zhejiang fighting against land grabs who was crushed to death by a heavy construction machinery), and the case of elementary school girls in Hainan who were brought to a hotel by the principal and a government official for sex. One can see why the indictment avoids these cases, which highlight how perverse, preposterous, and grossly unjust Chinese society can be, and how little the judiciary can do to safeguard justice without any meaningful rule of law.    

“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),” Wu Gan wrote in My Pretrial Statement. “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.

He continued: “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… 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.”

A life-long academic on Chinese law and the judiciary, Professor Jerome Cohen, wrote of Wu Gan’s pretrial statement: “It is tragic testimony to the pathetic attempts of the Communist Party to drape its oppression in the mantle of ‘law.’ To me the saddest aspects are its reminder of the forced collaboration of China’s judges with its police, prosecutors and Party legal officials in suppressing the constitutionally-prescribed rights and freedoms of the Chinese people.”

The indictment and the trial of Wu Gan are themselves evidence of the nature of China’s judicial system and the “Chinese characteristics” that the indictment is so eager to defend. How the world judges Wu Gan is entirely another matter.

 

 

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

 


Related:

My Pretrial Statement, Wu Gan, August 9, 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.

 

 

 

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.