|
China Human Rights and Rule of Law Update
Authorities Loosen Some Restrictions on Chen Guangcheng and Family, Continue To Hold Them Under Tight Control
December 22, 2011
In recent weeks, local authorities in Linyi county, Shandong province, reportedly have loosened some measures used to control rights defender Chen Guangcheng, whom they have held with his wife, daughter, and mother in extralegal detention in their home since September 2010. While in detention, the family has been subjected to beatings, round-the-clock surveillance, and other forms of harassment. Despite reported relaxation of certain controls on Chen and his family, authorities continue to hold them under strict control and continue to block access to individuals who attempt to visit Chen's village.
Reported Changes in Official Restrictions on Chen and Family
Sources close to the family of self-trained legal advocate Chen Guangcheng told Reuters (5 December 11) that Chinese authorities in Linyi county, Shandong province, have loosened some restrictions on Chen and his family. Local authorities reportedly now allow Chen's 77-year-old mother to leave the village for supplies. They also reportedly have permitted Chen to receive medicine for his intestinal illness, and are allowing Chen's six-year-old daughter to attend school, albeit under "constant guard." According to one activist, whom Reuters quoted under the condition of anonymity, "[Chen's] health has improved." However, according to He Peirong, a Nanjing-based rights advocate and friend of Chen's family, "[Authorities] haven't allowed [Chen] to go to the hospital for a full check-up." Chen reportedly remains under strict surveillance and authorities continue to block access to his village, Dongshigu, as evidenced in CNN's video coverage of actor Christian Bale's thwarted attempt to visit Chen on December 16. According to another source close to Chen¡¯s family, cited in the Reuters report, "The government officials said they will keep [Chen] under guard for the rest of his life, until he dies."
Wave of Increased Attention and Advocacy Efforts
In 2011, Chen Guangcheng's case has stirred a wave of human rights advocacy among Chinese citizens, especially Internet users, and attracted international attention to human rights and rule of law developments in China. - Chinese citizen attempts to visit Chen Guangcheng. An increasing number of Chinese citizens have attempted¡ªat times in large groups¡ªto visit Chen's home in 2011 only to encounter beatings and detentions. These include:
- Internet activist He Peirong (see January 12 post on Free Chen Guangcheng blog);
- Journalist and activist Li Jianjun and two other individuals (see October 26 Chinese Human Rights Defenders report);
- Rights advocate Liu Shasha and several companions (see September 19 Radio Free Asia (RFA) report; October 5 RFA report; and October 28 Agence France-Presse report);
- Rights defender Mao Hengfeng and a group of 36 other rights defenders and "netizens" (see October 31 Human Rights in China report); and
- Author Murong Xuecun, newspaper columnist Wang Xiaoshan, digital web director Zhang Enchao, Hu Zhongqiang, and a woman identified as "Nuola" (see Murong Xuecun's account published in the Guardian on November 11).
- Foreign journalist attempts to visit Chen Guangcheng. Teams from media outlets including the New York Times, CNN, Le Monde, Radio France Internationale, and Le Nouvel Observateur attempted to visit Chen¡¯s village in early 2011 and were roughed up, threatened with bricks, or had equipment seized or destroyed. (See March 11 CECC Analysis.)
- U.S. government efforts to raise Chen¡¯s case. Several U.S. government officials issued statements in late 2011 regarding Chen¡¯s detention, including U.S. Secretary of State Hillary Clinton (November 10, via AFP) and U.S. Ambassador to China Gary Locke (December 10). (See also a November 6 Global Post report, discussing Gary Locke¡¯s September letter to the Chinese government regarding Chen Guangcheng.) The Congressional-Executive Commission on China held a hearing on November 1 (statement of Representative Chris Smith, Chairman; statement of Representative Tim Walz, Ranking Member), and Chairman Smith and Senator Sherrod Brown, Cochairman, issued a joint statement on November 1.
- Protest in Hong Kong. Hong Kong rights advocates protested before the Liaison Office of the Central People¡¯s Government on November 11, urging the Chinese government to release Chen ahead of his 40th birthday on November 12. (See November 11 RFA report.)
- Ongoing advocacy campaigns. Chinese citizens and civil society organizations as well as international organizations have set up advocacy campaigns on the Internet to raise awareness of and express solidarity for Chen. These campaigns include Dark Glasses: Portrait, Free Chen Guangcheng Civic Action (as discussed in a November 11 CHRD report, pp. 8-10); a ¡°Free Chen¡± petition organized by Shanghai rights advocate Feng Zhenghu and signed by more than 370 people in Shanghai (see October 20 RFA report); and the Chen Guangcheng Sunglasses Freedom Campaign (see the Women¡¯s Rights Without Frontiers Web site).
Background: Chen Guangcheng
In 1996, Chen Guangcheng began defending the rights of disabled peasants and providing legal advice as a self-trained legal advocate focusing on antidiscrimination. Over the next decade, his legal advocacy was recognized in China and internationally. In 2005, Chen's rights defense work drew international news media attention to population planning abuses in Linyi city, Shandong province. Local authorities placed Chen under house arrest in September 2005 and formally arrested him in June 2006. The Yinan County People's Court first tried and sentenced Chen in August 2006 to four years and three months in prison for "intentional destruction of property" and "organizing a group of people to disturb traffic order." His defense lawyers were taken into custody on the eve of his trial. The Yinan court retried the case in November 2006 and upheld the first judgment. Chen's retrial prompted repeated criticism for its criminal procedure violations. In June 2007, Chen reportedly informed his wife and brother that he had been beaten by fellow inmates, according to a June 21 Chinese Human Rights Defenders report. In August 2007, Yuan Weijing attempted to travel to the Philippines to accept the Ramon Magsaysay award on behalf of Chen, but Chinese authorities intercepted her before leaving the country and forcibly returned her to her village, according to an August 25, 2007, Washington Post report. During the period of Chen's imprisonment, authorities also repeatedly subjected Yuan and their two children to harassment, home confinement, surveillance, and other abuses, according to reports from journalist and blogger Wang Keqin (14 March 09), Amnesty International (20 April 09), and Radio Free Asia (22 April 09), as well as the testimony of Jerome A. Cohen, Professor of Law and Co-Director , US-Asia Law Institute, New York University, at an August 3, 2010, Congressional-Executive Commission on China hearing.
The Commission¡¯s most recent analysis on Chen reported on the violent beatings Chen and his wife faced after they recorded and leaked video footage detailing the harsh conditions of their extralegal detention. Previous coverage of Chen Guangcheng's case can be found online via the CECC's Virtual Academy. For additional information on Chen and China's population planning policy, see Section II¡ªPopulation Planning in the CECC 2011 Annual Report. For more information on Chinese official detention, harassment, and abuse of lawyers, see Section II¡ªCriminal Justice and Section III¡ªAccess to Justice in the CECC 2011 Annual Report. For more information on freedom of the press in China, see Section II¡ªFreedom of Expression in the CECC 2011 Annual Report.
| Source: -See Summary (2011-12-21 / English) |
Posted on: 2012-05-22 |
 |
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=168064 |
Authorities Try Human Rights Activist Ni Yulan, Verdict Pending
January 6, 2012
Authorities tried human rights lawyer Ni Yulan and her husband Dong Jiqin on December 29, 2011, on charges of "picking quarrels" and "fraud." The court reportedly is considering the defense's request for access to new evidence. If convicted, Ni could face a lengthy sentence and the possibility of life imprisonment. Since 2002, authorities have repeatedly subjected Ni to intense harassment, including physically crippling her, revoking her license to practice law, and detaining and imprisoning her.
According to the New York Times and Human Rights in China, on December 29, 2011, authorities tried dissident human rights lawyer Ni Yulan and her husband Dong Jiqin on charges of "picking quarrels" and "fraud" under China's Criminal Law. Their lawyer entered a not guilty plea and requested access to new evidence, which the Xicheng District Court reportedly has taken under consideration. According to Ni and Dong's indictment (Chinese), the underlying charges stem from the couple's alleged refusal to pay for their hotel room, arguments with hotel staff, and Ni's alleged misrepresentation of facts surrounding her case and herself as a lawyer for the purpose of defrauding money from others.
According to Human Rights in China, authorities prevented some witnesses for the defense from testifying in court by preventing them from leaving their homes. In addition, authorities also detained Ni and Dong's supporters around Beijing. The couple's daughter was able to testify in court on behalf of the couple for approximately 10 minutes.
If convicted, Ni could face a lengthy sentence. According to China's Criminal Law (Chinese), the crime of "picking quarrels" (Article 293) causing societal discord is punishable by up to 10 years of imprisonment plus fines. The crime of "fraud" (Article 266) is punishable by up to 3 years for "relatively large sums," 3 to 10 years for "large sums or other serious circumstances," and up to life imprisonment for "very large sums or especially serious circumstances." According to the indictment, authorities are seeking to punish Ni as a "recidivist" based on Article 65 of the Criminal Law.
Ni garnered international attention for her advocacy work on behalf of residents adversely affected by the Chinese government's efforts to demolish homes in light of the then upcoming 2008 Summer Olympic Games. Detained while trying to take photographic evidence, authorities eventually sentenced Ni for "obstruction of official business" in 2002 to one year, and for the same crime in 2008 for two years. While in custody, authorities beat Ni, permanently crippling her. Since her release, authorities have continuously harassed Ni and Dong, employing tactics such as detention, cutting off electricity and water, and revoking Ni's license to practice law. For the currently alleged offenses, authorities detained Ni in April 2011 amidst the harsh crackdown against human rights activists and lawyers that began in February 2011.
| Source: -See Summary (2012-01-06 ) |
Posted on: 2012-05-22 |
|
|
| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=168386 |
|
Back To Top
Previous Page