Hu Jia's Indictment (CECC Full Translation)

The following is a translation prepared by the Congressional-Executive Commission on China (CECC) of "Hu Jia's Indictment," issued by the Beijing Municipal People's Procuratorate No. 1 Branch on March 7, 2008. The Chinese text was retrieved from the blog of his wife and fellow activist, Zeng Jinyan, on April 25, 2008. For more information, see previous CECC analyses on Hu Jia's sentencing, trial, arrest, and detention, and his record of detention, searchable through the CECC's Political Prisoner Database.


BEIJING MUNICIPAL PEOPLE'S PROCURATORATE BRANCH NO. 1

INDICTMENT

Beijing Municipal People's Procuratorate Branch No. 1 Criminal Indictment No.【2008】48

Defendant Hu Jia (aka: Hu Jia),1 male, born on July 25, 1973, identification card number: 110105197307254115, Han ethnicity, unemployed, location of household registration (hukou): No. 421, Bldg. No. 4, northern section of Shili Bao Street, Chaoyang district, Beijing; currently resides at No. 542, Bldg. No. 76, BOBO "Freedom City," Dongguoyuan, Tongzhou district, Beijing. Detained on December 27, 2007, by the Beijing Municipal Public Security Bureau ["Beijing PSB"] on suspicion of inciting subversion of state power. After this procuratorate's approval, the Beijing PSB formally arrested the suspect on January 29, 2008.

After the Beijing PSB concluded its investigation of Hu Jia’s suspected crime of inciting subversion of state power, it transferred the case to this procuratorate for review for prosecution. After this procuratorate accepted the case, it informed the defendant on February 18, 2008, that he had the right to entrust a defender, interrogated the defendant according to law, and examined all the materials in the case.

Through investigation conducted according to law, the following has been ascertained:

Stemming from his dissatisfaction with our country's people's democratic dictatorship and socialist system, from June 2001 to October 2007, defendant Hu Jia, published many articles on the Internet. Using Boxun and other foreign Web sites, he repeatedly published one inciteful essay after another, such as: "When We Catch the Democracy Train, East Asia, the Sleeping Lion, Will Suddenly Awake," "Old Mr. Lin Mu Passed Away Today at Around 2 p.m.," "Guo Feixiong, Jiang Wei, and 'Shenyang Political Earthquake,'" "One Country Doesn't Need Two Systems," "China's Political and Legal Systems Create a Widespread Atmosphere of Fear Ahead of the 17th Party Congress," and "As National Day and the 17th Party Congress Approach, Police Continue To Violate the Rights of Citizens." During this period, he also accepted interviews with the Sound of Hope Network.

In his writings and during his interviews, Hu Jia maliciously started rumors and engaged in slander, for example: "China's human rights calamities erupt daily;” "the autocratic system's path of survival is simply to continuously 'exploit people,' the only thing that grows in the soil of the autocratic system is greed, corruption, and abuse of power; the system fabricates a so-called 'harmonious society,' and then repeats boasts, empty words, clichés, useless words, and falsehoods tens of millions of times – this is completely a dose of poison, the ruling party uses it to seek quick relief regardless of the consequences, and then drags the whole population to be buried alive with the dead.”

The following are instances of incitement: "We launch a challenge to this kind of autocratic system;" "I am truly ashamed that our country is ruled by this kind of organization, and estimate that it won't live past a hundred years old; if it doesn't disintegrate, then it will be quietly transformed, as the last dynastic reign, the Communist Party should die a natural death." Through the above-mentioned inciteful conduct, Hu Jia tried in vain to achieve the purpose of subverting our country's state power and socialist system.

The above-mentioned inciteful articles written by Hu Jia have been linked to and re-posted by many foreign Web sites; material from interview recordings have been made into audio streams or transcribed by foreign media into articles with the topics: "Hu Jia Discusses the Situation Surrounding the Kidnapping of Lawyer Gao [Zhisheng]" and "Launching a Peaceful Challenge to the Autocratic System," and have been published in the Epoch Times and other foreign Web sites.

Defendant Hu Jia, after committing a crime, has been apprehended and brought to justice.

Evidence that establishes the above-mentioned facts is as follows:

Statements and explanations of the defendant, witness statements, examination and record of the crime scene, expert conclusions, material evidence, documentary evidence, audio-visual materials, among others.

According to this procuratorate, Hu Jia disregarded our laws, started rumors and engaged in slander, and also used other methods to incite subversion of state power and to overthrow the socialist system; his criminal acts are major and his conduct violated paragraph 2 of Article 105 of the PRC Criminal Law. The facts of the crime are clear, the evidence is reliable and sufficient, and he should be prosecuted for criminal responsibility for the crime of inciting subversion of state power. According to Article 141 of the PRC Criminal Procedure Law, this procuratorate initiates public prosecution and requests punishment according to the law.

End

Beijing No. 1 Intermediate People's Court

Procurator: Zhang Rongge

Acting Procurator: Wang Cuijie

7 March 2008

(Official seal: Beijing Municipal People’s Procuratorate, No. 1 Branch)

Annotations:
1. Defendant Hu Jia is currently detained at the Beijing Municipal Detention Center;
2. Transferred with this case are a list of the evidence, one copy of the witness list, and four duplicate volumes of the major evidence;
3. Transferred with this case is one copy of a detailed list of confiscated items.

1This “Jia” means “good” or “beautiful.” This is the character that is widely used for Hu Jia’s first name.


北京市人民检察院第一分院

起 诉 书

京一分检刑诉【2008】第48号

被告人胡嘉(别名:胡佳),男,1973年7月25日出生,身份证号码:110105197307254115,汉族,无业,户籍所在地:北京市朝阳区十里堡北里4楼421号,现住北京市通州区东果园BOBO自由城76号楼542号。因涉嫌犯煽动颠覆国家政权罪于2007年12月27日被北京市公安局刑事拘留,经本院批准,于2008年1月29日被北京市公安局逮捕。

北京市公安局对本案侦查终结,以被告人胡嘉涉嫌煽动颠覆国家政权罪,于2008年2月18日向本院移送审查起诉。本院受理后,于2008年2月18日已告知被告人有权委托辩护人,依法讯问了被告人,审查了全部案件材料。

经依法审查查明:

被告人胡嘉出于对我国人民民主专政国家政权和社会主义制度不满,于2001年6月至2007年10月间,通过互联网先后在“博闻社”等境外网站上多次发表《赶上民主列车时 东亚睡狮猛醒日》、《林牧老先生于今日下午14:00前后过世》、《郭飞雄和江伟与〈沈阳政坛地震〉》、《一国无需两制》、《中共十七大之前 中国政法系统大范围制造恐怖气氛》和《国庆及十七大来临 警方连续侵犯公民权利》等煽动性文章,并于其间(期间)接受境外媒体“希望之声”采访。胡嘉在其所写文章中及接收采访时,恶意造谣、诽谤:“中国的人权灾难天天爆发”;“专制体制的生存之道无非是不断地‘吃人’,在专制体制的土壤上只生长着贪婪、腐败、滥权;凭空捏造所谓的‘和谐社会’,然后再把大话、空话、套话、费(废)话、假话重复上千万遍,这完全是一剂毒药,执政党拿它来饮鸩止渴,再拉上整个社会大众殉葬”;煽动:“我们向这样一种专制的体制发起挑战”;“我真的为国家被这样一个组织统治而感到汗颜,预计它活不过百岁,不是分崩离析,就是悄然蜕变,共产党作为末代王朝该寿终正寝了”。胡嘉通过上诉煽动行为,妄图达到颠覆我国国家政权和社会主义制度的目的。

胡嘉的上述煽动性文章被境外多家网站链接和转载;采访录音资料被境外媒体制作成音频或整理成文字,以《胡佳谈高律师被绑架前后的情况》、《向专制体制发起和平的挑战》为题,登载在“大纪元”等境外网站。

被告人胡嘉作案后被查获归案。

认定上述事实的证据如下:

被告人供述与辩解,证人证言,现场勘验检查笔录,鉴定结论,物证,书证,视听资料等。

本院认为,被告人胡嘉目无国法,以造谣、诽谤等方式煽动颠覆国家政权、推翻社会主义制度,罪行重大,其行为触犯了《中华人民共和国刑法》第一百零五条第二款之规定,且犯罪事实清楚,证据确实充分,应当以煽动颠覆国家政权罪追究其刑事责任。依据《中华人民共和国刑事诉讼法》第一百四十一条之规定,本院提起公诉,请依法判处。

此致

北京市第一中级人民法院

检察员:张荣革

代理检察员:王翠杰

2008年3月7日

(公章:北京市人民检察院第一分院)

附注:

1、被告人胡嘉现押于北京市看守所;
2、随案移送证据目录、证人名单各1份,主要证据复印件4册;
3、随案移送赃证物清单1份。