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Yu Shiwen Hunger Strikes in Protest at Two Year Detention Without Trial For Holding Zhao Ziyang Memorial
China Change, May 3, 2016
Shortly before June 4, 2014, ten citizens in Zhengzhou, the capital of Henan province, were arrested for holding a public memorial for Zhao Ziyang (赵紫阳), the late Communist Party leader who died under house arrest in 2005. Zhao’s crime was to show sympathy for students in the 1989 Tiananmen pro-democracy movement. The memorial was held in the open fields of China’s Central Plains, not far from Zhao’s hometown; now, all participants but Yu Shiwen (于世文) have since been released.
Mr. Yu was indicted on February 11, 2015, for “provoking disturbances.” But he hasn’t been sentenced, and is instead being kept in deplorable conditions as his health rapidly worsens. Both Yu Shiwen and his wife Chen Wei were college students in Guangzhou in 1989 and got involved in the democracy movement that took China by storm.
On March 9, 2016, Yu wrote an open letter to Ren Kai (任凯), the lead judge of the court in Zhengzhou, where his case was supposed to be tried, confronting his abuses and cowardice. Yu vowed: “I’ll hold you responsible for this for the rest of your life. You’ll be pursued by me forever, to the very ends of the earth.”
On March 18, Yu was told that his trial had been postponed for the third time, supposedly approved by China’s Supreme Court.
On April 1, Yu’s lawyer Ma Lianshun (马连顺) submitted a complaint against the presiding judge and three other judicial personnel.
“The law doesn’t say who you can or can’t hold memorial services for,” the complaint said. “Moreover, Hu Yaobang (胡耀邦) and Zhao Ziyang were both former leaders of the Party and state, and made great contributions to the reform and opening of China. When Zhao Ziyang died, he was cremated at the Babaoshan revolutionary cemetery. Why can’t Yu Shiwen, who shared the same hometown with Zhao, memorialize the latter’s death? Why all of a sudden is it a matter of picking quarrels and provoking trouble?”
The argument continued: “None of the defendants [referring to the judges] independently exercised their judicial authority. They did not scrupulously follow the constitution and the law as required in China’s Judge’s Law. Judicial cases must be founded in the facts, the law must be the criterion for judgement, cases must be handled impartially, and judges must not bend the law to favor their associates or other officials. Refusing to exercise proper judicial judgement, detaining Mr. Yu for two years with the clear knowledge that he was innocent of the crime, and refusing to promptly exercise judicial supervision over procuratorial power as required by law—all of this, according to Article 399 of the Criminal Law, constitutes a crime.”
On April 28 Yu Shiwen’s wife Chen Wei published an open letter to the president of the Supreme People’s Court Zhou Qiang (周强) titled “A Captive Who’s Neither Been Tried, Sentenced, Nor Released,” (《一名不审不判不放的被羁押者》) in which she wrote: “The procedures under which this case was heard are shockingly preposterous, and even the Supreme People’s Court played a special role in how it was handled.”
Chen wrote that every time the Guancheng District Court of Zhengzhou city postponed the trial, it provided Yu Shiwen’s lawyer with a letter saying that it had received the approval of the Supreme People’s Court for the “postponement.” Each postponement was for three months. But the court refused to give Yu’s lawyer an explanation of the reason for the postponements, and also refused to provide them the authorization documents from the Supreme People’s Court.
“Just like that, my husband became a non-person, a lonely prisoner that no one was responsible for. His fate was simply ‘set aside’ in this inconceivable fashion. His future, family, happiness, and career—all was taken away. His life was frozen, given over to an indeterminate ‘postponement.’”
“During the nearly two years he has been held captive like this….in a tiny cell about 30 square meters, curling up with a dozen other prisoners in a long bed with little room to move around and only occasional yard time. You can imagine the torment and helplessness he suffers!”
“For my own part, every day is spent enduring bottomless anxiety. Yu Shiwen suffers high blood pressure, cerebrovascular disease, and in late 2012 he suffered a serious stroke. He suffered another stroke shortly after he was detained, and spent four months in the detention center hospital. My mother-in-law, 86 years old, is sick from worrying about her son. I can’t help but worry that she won’t live to see her son again.”
On May 2, the lawyer met with Yu Shiwen again, who had been fasting for nearly a week in protest against his treatment. Though extremely weak, Yu said he’s going to resist until the end—to use his death as protest, if need be. He said: “Tell my friends to take care! This is how I’m leaving!”
By China Change, published: January 12, 2015
Shortly before June 4th, 2014, ten in Zhengzhou, capital of Henan province, were arrested for holding a public memorial for Zhao Ziyang (赵紫阳). Seven of them have since been released, and three have remained in custody for over six months now without an indictment. The 47-year-old Yu Shiwen, who organized the memorial along with his wife Chen Wei, suffered a stroke. Recently, the public security once again urged indictment for the three. Yu’s case has drawn attention from participants, inside and outside China, of the Tian’anmen democracy movement 25 years ago.
On February 2nd, 2014, Yu Shiwen, Chen Wei, and a group of Henan-based citizens held a memorial in Hua County, Henan provicnce (河南滑县), to remember Zhao Ziyang, Hu Yaobang and those who died during the June 4th massacre in 1989. After the memorial, Yu Shiwen sent photos to overseas Chinese websites and was interviewed by Radio Free Asia. But they were not arrested until shortly before the June 4th anniversary on charges of “picking quarrels and creating disturbances,” likely a result of Chinese authorities’ nervousness leading up to the anniversary.
In poor health, Yu Shiwen has been shuttled several times between the detention center and a hospital. The public security twice recommended indictment but were asked to provide more evidence. Last December, the public security once again sent Yu Shiwen’s case to the prosecutors for indictment.
Lawyers of the three recently issued statements against possible indictment. Yu Shiwen’s lawyer Ma Lianshun argued that there is nothing against the law about remembering Hu Yaobang, Zhao Ziyang and the June 4th dead, and what Yu and his friends did in no way “created disturbances.” Lawyer Ma further argued that the Chinese Communist Party should redress the Tiananmen Democracy Movement, recognizing its legitimacy and historical significance. Should Yu Shiwen be tried, Ma said, he would have to defend his client by introducing a plethora of witness accounts relating to the June 4th crackdown, its origin, development and tragic ending.
Yu Shiwen and Chen Wei were students at Sun Yat-sen University in Guangzhou in 1989. They became student leaders during the democracy movement that took the country by storm that spring. They each served prison time afterwards. In the two decades that followed, the couple lived mostly in Zhengzhou where they tried their hand in business and made a considerable fortune in stock trading.
Zhou Fengsuo, another 1989 student leader who lives in California now, told Radio Free Asia that, “as a member of the 1989 generation, I have a lot of respect for Yu Shiwen for keeping alive his idealism after 25 years. I personally feel compelled to stand side by side with them in his current plight, and I also call on other 1989ers to pay attention to his case.”
Braving the cold, on January 6, Yu Shiwen’s 85-year-old mother and older sister, the wife of Dong Guangping, and the mother of Hou Shuai demonstrated in front of Guancheng District Prosecurorate, holding banners that read, “It’s not a crime to remember the dead,” “Return to your loved ones.”
“Among our ranks of the 1989ers, many have had success in business and made money,” said Zhou Fengsuo. “In private, many are candid about their assessment of the democracy movement of our youth, but few are as courageous as Yu Shiwen and Chen Wei to make a public statement. Such is the burden imposed on our conscience by the CCP tyranny. When we choose silence, we are giving tyranny a free rein.”
Fang Zheng, another 1989er who lost both legs in the morning of June 4th to charging tanks, initiated a signature campaign calling upon 1989ers, whether they are overseas or inside China, to provide testimonies on the truth of the Tiananmen Massacre, should Yu Shiwen and the two others be tried.
“I don’t know what CCP is thinking to detain Yu Shiwen and the two others, and possibly try them, for commemorating June 4th after 25 years. As witnesses, it’s imperative that we step out to testify the facts of that time in front of the CCP prosecutors…. We will make our voices heard,” said Zhou Fengsuo.