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China Human Rights and Rule of Law Update
Authorities Sentence Chen Wei to 9 Years for Posting Pro-Democracy Essays
December 23, 2011
The Suining Municipal Intermediate People's Court in Sichuan province sentenced democracy activist Chen Wei on December 23, 2011, to nine years in prison for "inciting subversion of state power," in a case reportedly marred by procedural irregularities. The prosecutor's indictment alleged that four essays Chen authored were intended to incite subversion. The essays had been posted on overseas Web sites and had discussed democratic reform and human rights in China.
The Suining Municipal Intermediate People's Court in Sichuan province sentenced democracy activist Chen Wei on December 23, 2011, to nine years in prison for "inciting subversion of state power" (Associated Press via Washington Post, 23 December 11; New York Times, 23 December 11). Inciting subversion is a crime under Article 105, Paragraph 2, of the Criminal Law. Chen's sentencing document asserted 11 essays Chen authored were intended to incite subversion (available via Chinese Human Rights Defenders (CHRD), 12 January 12). The court also sentenced Chen to two years' deprivation of political rights upon his release. Human Rights in China (21 December 11) has provided links to four of the essays as they appear on Boxun and Independent Chinese Pen, overseas Chinese Web sites that post literary essays and articles on current events, including politics and human rights. The titles of the essays are: "The Illness of the System and the Antidote of Constitutional Democracy," "The Growth of the Civil Opposition Is the Key to China's Democratization," "The Traps of Harmony and the Absence of Equality," and "Sentiments from a Hunger Striker on International Human Rights Day."
Public security officials in Suining detained Chen on February 21 and formally arrested him on March 28 (sentencing document and CHRD, updated 8 December 11), following protests in the Middle East and North Africa and the appearance in mid-February of online calls for "Jasmine Revolution" protests in China. Procuratorate officials (prosecutors) in Suining transferred Chen's case back to the public security bureau for supplementary investigation on two occasions (China Free Press via Boxun, 3 October 11), possibly indicating insufficient evidence in the case. By late October, Public Security Bureau officials reportedly finished the second supplementary investigation and sent his case back to the procuratorate for the third time (Radio Free Asia, 31 October 11).
Authorities attempted to stop Chen's wife from hiring lawyer Liang Xiaojun, and then allowed Chen to meet with lawyer Zheng Jianwei on only two occasions and Liang on only one occasion, according to the December 21 HRIC article. In addition, authorities allowed Chen's wife to meet with him only once, according to HRIC. Authorities in Chen's case did not respond to a September 9, 2011, request made by his wife for bail pending trial. After she resubmitted her request for bail on September 20, domestic security protection officials reportedly told her that bail was not possible in a case like Chen's, according to China Free Press.
Additional Commission Resources on Chen Wei and the 2011 Crackdown Against Human Rights Lawyers, Activists - 2011 Crackdown Update: Ding Mao, Chen Wei, and Ran Yunfei (November 15, 2011)
- Authorities Crack Down on Rights Defenders, Lawyers, Artists, Bloggers (May 3, 2011)
- Authorities Reportedly Beat, Detain, and Threaten Foreign Journalists Covering "Jasmine Revolution" (March 22, 2011)
- Authorities Censor Access to Information on Middle East and Chinese "Jasmine" Protests (March 22, 2011)
- Section III！Institutions of Democratic Governance, Section II！Criminal Justice, and Section II！Freedom of Expression in the CECC 2011 Annual Report.
| Source: -See Summary (2011-12-23 ) |
Posted on: 2012-05-22 |
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| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=168149 |
2011 Crackdown Update: Ding Mao, Chen Wei, and Ran Yunfei
November 15, 2011
Prosecutors twice transferred the cases of democracy advocates Ding Mao and Chen Wei back to public security officials for supplementary investigation, both first detained in the widespread February 2011 crackdown in China and formally arrested shortly thereafter. In both cases, PSB officials have completed their supplementary investigations and requested indictments from prosecutors for the third and final time. Authorities have not responded to or have not granted family requests to release Ding and Chen on bail. Authorities also denied Ding and Chen access to their lawyers, in Ding's case for the first six months of his detention, and in Chen's case for nearly seven months. In another case involving a citizen detained in the crackdown, Chengdu authorities have released Ran Yunfei on bail pending trial and placed him under "residential surveillance."
Ding Mao and Chen Wei Cases Twice Transferred to Public Security Officials for Supplementary Investigation
Beginning in February 2011, Chinese officials initiated a widespread crackdown on rights defenders, lawyers, democracy activists, artists, and bloggers after protests in the Middle East and North Africa and amid online calls for "Jasmine" protest rallies in China. (For more information on censorship of events related to the "Arab Spring" and the crackdown in China, see CECC analyses from 3 May 11 and 22 March 11.) Citizens detained in February included the democracy advocate Ding Mao. Public security bureau (PSB) officials in Mianyang city, Sichuan Province, originally detained Ding on February 19 on suspicion of "inciting subversion of state power," and formally arrested him on March 28 for the same charge (ChinaAid Association (CAA), 17 October 11). While news stories have not explicitly noted the reasons given by authorities for the charge, Ding reportedly forwarded, via microblog, messages related to "Jasmine" protest rallies in China, according to the October 17 CAA press release. Ding reportedly pointed out that he did not author information related to the rallies, merely that he forwarded other people's postings (Radio Free Asia (RFA), 6 September 11). Authorities are reportedly holding Ding in the Mianyang Municipal Detention Center, according to the same article.
The procuratorate in Mianyang reportedly twice transferred Ding's case back to the PSB for supplementary investigation, citing a lack of evidence to prosecute on the charge of "inciting subversion of state power," once in May 2011 and again in September (CAA, 17 October 11 and Amnesty International, 9 September 11). After PSB officials completed their second supplementary investigation, authorities notified Ding's wife on October 24 that they had submitted the case to the procuratorate for the third and final time (CAA, 8 November 11). (For more information on relevant pre-trial procedures, see the PRC Criminal Procedure Law, Articles 66-70.)
In September, procuratorate officials in Suining municipality, Sichuan province, transferred the case of another democracy advocate detained in February, Chen Wei, back to the public security bureau for supplementary investigation for the second time (China Free Press, via Boxun 3 October 11). By late October, PSB officials reportedly finished this second supplementary investigation and sent his case back to the procuratorate for the third time (RFA, 31 October 11). In Chen's case, public security officials in Suining detained him on February 20 and formally arrested him on March 28; Suining PSB officers noted four essays on democracy and human rights authored by Chen and posted overseas in an opinion recommending prosecution (Chinese Human Rights Defenders (CHRD), 28 October 11 and RFA, 8 September 11). Authorities are reportedly holding Chen in the Suining Municipal Detention Center, according to the CHRD article.
Authorities Deny Access to Counsel for Months
Mianyang officials have not yet permitted Ding's wife to visit him in detention and did not allow Ding's lawyer to see him for nearly six months after his initial detention, despite several attempts (CHRD, reprinted in Blogspot, 14 July 11). Ding finally met with his lawyer for the first time on August 11, 2011, according to the October 17 CAA article. Article 33 of the PRC Lawyers Law (Chinese) (English) states that a lawyer entrusted to a case has a right to meet with a criminal suspect as of the first police interrogation or from the day when "compulsory measures" are first taken (such as a summons or detention). Article 96 of the Criminal Procedure Law also stipulates that lawyers may meet with suspects, though advance approval is necessary for cases involving state secrets. It is unclear if officials have classified the case as a state secret and news articles have not indicated that Ding's case otherwise involves state secrets. Authorities also prohibited Chen Wei's lawyer from visiting him until September 8, 2011 (CHRD, 12 September 11 and RFA, 8 September 11). News articles have not indicated that Chen's case involves state secrets.
Officials Unresponsive to Family Requests for "Bail Pending Trial"
In addition, Mianyang authorities have not responded to Ding's wife's request to modify the "compulsory measures" in his case which might, for example, lead to his release on bail pending trial or allow him to be placed under residential surveillance (CAA, 17 October 11 and RFA, 6 September 11). (For more information on such arrangements, see Chapter VI of the Criminal Procedure Law.) Authorities in Chen Wei's case did not respond to a September 9 request made by his wife for bail pending trial. After she resubmitted her request for bail on September 20, domestic security protection officials reportedly told her that people in political cases like Chen's are unable to obtain bail (China Free Press, via Boxun, 3 October 11).
Ran Yunfei Released on Bail Pending Trial, Under "Residential Surveillance"
On August 9, officials in Chengdu municipality, Sichuan province, released on bail intellectual and writer Ran Yunfei and placed him under "residential surveillance" to be in effect for six months. It is possible the procuratorate did not have sufficient evidence to prosecute Ran's case. Ran reportedly posted microblog entries regarding the so-called "Arab Spring" protests in the Middle East (New York Times, 10 August 11, and Associated Press via the Guardian, 10 August 11).
For more information on the crackdown in China beginning in February 2011 and related cases, see Section III—Institutions of Democratic Governance, Section II—Criminal Justice, and Section II—Freedom of Expression in the CECC 2011 Annual Report.
| Source: -See Summary (2011-10-25 ) |
Posted on: 2012-05-22 |
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| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=165688 |
Jiangsu Authorities Order Unregistered Pastor To Serve Two Years of Reeducation Through Labor
November 21, 2011
In late July 2011, authorities in Suqian city, Jiangsu province, ordered pastor Shi Enhao to serve two years in reeducation through labor (RTL) in connection to his activities as an unregistered pastor, including setting up churches and holding gatherings that authorities deemed illegal. Public security authorities in Jiangsu have harassed or detained Shi several times since March 2011. Shi is a leader in a network of unregistered Protestant congregations whose members associate across multiple provinces, and the RTL order came during a time when official sensitivities were heightened toward members of unregistered Protestant congregations.
In late July 2011, authorities in Suqian city, Jiangsu province, ordered unregistered pastor Shi Enhao to serve two years of reeducation through labor (RTL), a form of administrative punishment without trial, according to international media reports dated July 25, 2011, (ChinaAid Association (CAA)) and July 26, 2011, (Associated Press (AP), via Yahoo!; AsiaNews; Radio Free Asia (RFA)). Fellow unregistered pastor Zhang Mingxuan reportedly told RFA that the charges against Shi included "[holding] illegal gatherings" and "[setting up] illegal churches." Such charges appear to violate Articles 18 and 20 of the Universal Declaration of Human Rights and Articles 18 and 21 of the International Covenant on Civil and Political Rights (ICCPR), which provide for freedom of religion, the freedom to manifest one's belief through, among other things, practice and worship, and freedom of peaceful association. China has signed the ICCPR and has stated that it is preparing to ratify it (National Human Rights Action Plan of China (2009-2010), sec. V(1), via Xinhua). According to the RFA article, Shi's lawyer Zhang Kai said that Suqian public security officials refused to let Zhang visit Shi in custody because the case involved "secrets." Under China's legal framework for state secrets, officials have wide latitude to declare almost any matter of public concern a state secret. Zhang reportedly also said that authorities seized approximately 100,000 yuan (US$15,500) from Shi's church.
Suqian Officials Harass Shi Enhao Several Times Since March
Public security officials in Jiangsu have harassed and detained Shi several times since March 2011 in apparent connection to his activities as an unregistered pastor. According to CAA (7 March 11) and RFA (10 March 11), on March 4, 2011, officials from Suqian disrupted a house church meeting in Nanyang city, Henan province, and detained Shi, who had been preaching at the gathering. Officials held Shi in a hotel and then returned him to his home in Suqian on March 6. According to RFA (6 March 11), however, authorities reportedly instructed him not to travel anywhere during the meetings of the National People's Congress and the Chinese People's Political Consultative Conference, held later that month. Shi reportedly told RFA that officials hired several unidentified people to prevent him from leaving his home, and some of those people beat him and took money and personal items from him. Sources do not indicate when officials released Shi from home confinement, but according to CAA (15 June 11, 15 June 11), beginning on May 31, 2011, public security officials in Suqian held him in administrative detention for 12 days. Public security officials released him on June 12 but took him into custody again the same day, eventually issuing a criminal detention notice dated June 21. The detention notice, issued by the Sucheng District Public Security Bureau, Suqian (via a July 5, 2011, CAA article), stated that officials suspected Shi of "using superstition to undermine the implementation of the law," which appears to be a reference to Article 300 of China's Criminal Law. In some cases, authorities have detained other unregistered Protestants on suspicion of "cult"-related activity！language that also can be found in Article 300！and authorities often use "cult"-related charges to detain or sentence Falun Gong practitioners (for more information on these issues and related cases, see this October 27, 2010, CECC analysis).
Harassment and Detention Occurs During Time of Sensitivity to Unregistered Protestants
Shi's harassment, detentions, and RTL punishment appear to have occurred during a period of heightened official sensitivity toward unregistered Protestant communities in various locations throughout China (for more information on government actions against these communities, see this July 1, 2011, CECC analysis). Official reports from Suqian indicate that Suqian authorities had begun targeting unregistered Protestant communities several months before Shi's March detention. A December 18, 2010, report from the Suqian Municipal People's Government describes efforts by authorities in Suqian to "focus on improving effective control of 'house church' activities, as well as vigorously reducing the space and frequency of their activities." Another December 18, 2010, report from the Suqian Municipal People's Government describes efforts to work with the 6-10 Office！an extralegal Party organization that implements the ban on Falun Gong and in some cases targets other unregistered religious communities！and the domestic security protection unit of the public security bureau to ban worship gathering sites established outside of government oversight.
Shi reportedly is a vice president of the Chinese House Church Alliance (CHCA), which the Ministry of Civil Affairs banned on November 28, 2008, for "engaging in activities as a social organization on its own initiative, without registering" (see a notice on the China Social Organizations Web site, a Web site owned and operated by the State Administration for the Management of Social Organizations). Authorities appear to have targeted other individuals who had contact with the CHCA in the past year. For example, according to CAA (17 April 11), in April 2011, public security officials in Zaozhuang city, Shandong province, took into custody seven members of a house church, including several leaders, who had had contact with Shi Enhao and Zhang Mingxuan, vice president and president of the CHCA. According to the same report, authorities in Linyi city, Shandong, also reportedly detained two unregistered Protestants who had hosted Zhang Mingxuan during a visit.
For more information about conditions for Protestants in China, see Section II！Freedom of Religion in the CECC 2011 Annual Report.
| Source: -See Summary (2011-10-25 ) |
Posted on: 2012-05-22 |
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| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=165664 |
Uyghur Political Prisoners Mehbube Ablesh's and Abdulghani Memetemin's Prison Sentences Expire
October 18, 2011
The prison sentences of two Uyghur political prisoners in Xinjiang have expired, and both are presumed to have since been released. Mehbube Ablesh completed a three-year prison sentence for "splittism" around August 2011. Authorities handed down the prison sentence in apparent connection to her criticism of Chinese government policies, including Mandarin-focused "bilingual" education. Abdulghani Memetemin completed a nine-year prison sentence in late July for "supplying state secrets" to an overseas group. He had sent information on human rights abuses and translations of Chinese government speeches to an organization in Germany that monitors rights violations against Uyghurs. Other Uyghurs in Xinjiang continue to serve prison sentences for exercising their right to free expression.
Mehbube Ablesh
Uyghur radio station employee Mehbube Ablesh completed a three-year prison sentence for "splittism" around August and is presumed to have since been released, according to information in the Congressional-Executive Commission on China (CECC) Political Prisoner Database. As reported in the Political Prisoner Database, Mehbube Ablesh, a Uyghur woman from the Xinjiang Uyghur Autonomous Region (XUAR), was detained around August 2008 in apparent connection to her criticism of Chinese government policies. The detention came after she was fired from her job in the advertising department at the Xinjiang People's Radio Station. A co-worker connected the detention to articles she wrote for the Internet. An overseas source said that in Mehbube Ablesh's communications with him, she had been critical of political leaders in the XUAR and had criticized Mandarin-focused "bilingual" education in the region. A source also noted she had posted articles on the Internet that criticized government security measures for the 2008 Beijing Summer Olympic Games and government handling of collecting donations from Uyghurs following the May 2008 Sichuan earthquake. She served her sentence at the Xinjiang Number 2 Prison. For additional information, see Radio Free Asia reports from September 8, 2008, (English, Uyghur) and September 9, 2008 (Mandarin).
Following the detention, charges against Mehbube Ablesh and subsequent information on the case appeared unknown until summer 2010, when the Dui Hua Foundation reported newly obtained information on her case. Based on responses to a request for information from Chinese authorities, the Dui Hua Foundation reported that Mehbube Ablesh (identified as Mehbube Abrak in the report) was serving a three-year prison sentence for "splittism" (separatism), a crime under Article 103 of China's Criminal Law (English, Chinese). Given the length of the sentence and circumstances of the case, the Dui Hua Foundation conjectured that the full charge could be "inciting splittism." For additional information, see the Dui Hua Foundation's summer 2010 Dialogue Newsletter and article on Uyghur cases.
Under Article 47 of China's Criminal Law, each day in custody counts as one day served of a prison sentence. Although the precise date of Mehbube Ablesh's detention is not known, if authorities followed the law in calculating her sentence from the day around August 2008 when she appears to have been detained, her sentence would have expired on the same date in 2011.
Abdulghani Memetemin
Uyghur teacher and journalist Abdulghani Memetemin completed his nine-year sentence for "supplying state secrets to an organization outside the country" on July 25 and is presumed to have since been released from prison, according to information in the CECC Political Prisoner Database. As reported in the Political Prisoner Database, authorities in Kashgar district, XUAR, detained Abdulghani Memetemin on July 26, 2002, in connection to his reporting on human rights abuses to an overseas group. He was charged with "threatening the integrity of the state by separatist means, violating state secrets and sending them outside the country." The Kashgar Intermediate People's Court sentenced him to nine years' imprisonment on June 24, 2003, on the charge of "supplying state secrets for an organization outside the country," a crime under Article 111 of China's Criminal Law.
The verdict cited information on human rights abuses and translations of Chinese government speeches and news that Abdulghani Memetemin provided to the East Turkistan Information Center, a Munich-based organization that reports on human rights violations against Uyghurs. Abdulghani Memetemin reportedly represented himself at trial and did not have access to a lawyer before trial. He reportedly was tortured while in custody. He served his sentence at the Xinjiang Number 4 Prison. See a December 6, 2004, report from Amnesty International and July 30, 2004, report from Radio Free Asia for additional information.
Uyghurs Imprisoned for Exercising Right to Free Expression
Authorities in the XUAR continue to hold other Uyghurs in detention for exercising their right to free expression. Cases include:- Gheyret Niyaz, a journalist and Web editor in Urumqi, was sentenced by the Urumqi Intermediate People¨s Court on July 23, 2010, to 15 years' imprisonment for "leaking state secrets." Prosecutors in court cited essays by Gheyret Niyaz addressing economic and social problems affecting Uyghurs. Sources also connected the prison sentence to interviews Gheyret Niyaz gave to foreign media after the July 2009 demonstrations and riots that were critical of aspects of government policy in the XUAR.
- Gulmira (Gulmire) Imin, a Uyghur Web site administrator and government employee, was sentenced by the Urumqi Intermediate People's Court on April 1, 2010, to life in prison for "splittism, leaking state secrets, and organizing an illegal demonstration." Authorities alleged she was involved in organizing demonstrations that took place in the XUAR on July 5, 2009.
- Memetjan Abdulla, a Uyghur journalist and Web site administrator, was sentenced by the Urumqi Intermediate People's Court to life in prison on April 1, 2010. The sentence is in apparent connection to an announcement he translated that called on Uyghurs to hold demonstrations in July 2009 and in connection to interviews he gave to foreign journalists.
- Nijat Azat, Dilshat Perhat, and Nureli, Web site administrators, received prison sentences of 10, 5, and 3 years, respectively, in July 2010 for "endangering state security." Sources connected the cases to their Web sites not deleting postings about hardships in the XUAR and, in one instance, permitting the posting of announcements for the July 2009 demonstration.
- Nurmemet Yasin, a Uyghur writer, was sentenced by the Bachu (Maralbeshi) County People's Court in Kashgar district to 10 years in prison on February 2, 2005, for "inciting racial hatred or discrimination." (Some sources have reported that the sentence was for "inciting splittism.") He was sentenced after writing a story about a caged bird who commits suicide rather than live without freedom.
- Tursunjan Hezim, a Uyghur Web site administrator, was sentenced by the Aksu Intermediate People's Court in July 2010 to seven years' imprisonment. Precise charges are not known, but the sentence is in apparent connection to Tursunjan Hezim's Web site on Uyghur history and culture and came during a period in which authorities cast blame on Uyghur Web sites for allegedly contributing to unrest during demonstrations and riots in the XUAR in July 2009.
For more information on conditions in the XUAR, see Section IV！Xinjiang in the CECC 2011 Annual Report.
| Source: -See Summary (2011-09-06 ) |
Posted on: 2012-05-22 |
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| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=163986 |
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