Access to Justice
Congressional-Executive Commission on China | www.cecc.gov
Statement of CECC Chairman Christopher Smith and Cochairman Sherrod Brown on the Trial and Sentencing of Chen Kegui
November 30, 2012
(Washington, DC)—Today we are deeply dismayed to learn that authorities have sentenced Chen Kegui, nephew of renowned legal advocate Chen Guangcheng, to more than three years in prison, in a trial marred from beginning to end by glaring procedural violations. Authorities' treatment of this case raises serious questions about the rule of law in China.
The following Chinese text was retrieved on November 30, 2016, from the website of the Legislative Affairs Office of the State Council.
Refer to this page for a prior version of the PRC Lawyers Law, passed on May 15, 1996, and effective on January 1, 1997.
The following Chinese text was retrieved on November 30, 2016, from the website of the China Legal Information Center on November 30, 2016.
Refer to this page for a prior version of the PRC State Compensation Law, amended on April 29, 2010, and effective on December 1, 2010.
Congressional-Executive Commission on China | www.cecc.gov
Statement of CECC Chairman Christopher Smith and Cochairman Sherrod Brown on the Arrival of Chen Guangcheng in the United States
May 19, 2012
Following his escape from illegal home confinement on April 22, 2012, legal advocate Chen Guangcheng sought safety in the U.S. Embassy in Beijing for six days while U.S. and Chinese officials negotiated a deal for his and his family's freedom (New York Times, 2 May 12). Chen left the U.S. embassy under U.S. official escort on May 2 to receive medical treatment at a nearby hospital for injuries sustained during his escape as well as for an ongoing gastrointestinal illness (Foreign Policy, 7 May 12).
Transcript (PDF) (Text)
The recent escape of self-trained legal advocate Chen Guangcheng from illegal house arrest has attracted international attention and concern. On April 22, Chen escaped from his home in Dongshigu village, Linyi city, Shandong province, where he and his family had been detained without charge for 19 months. After escaping from home confinement, Chen met the U.S.
On April 27, 2012, international human rights organizations and news agencies reported that human rights defender Chen Guangcheng escaped from his home outside of Linyi city, Shandong province, on or around April 22, after being subjected to extralegal home confinement (ruanjin) for nineteen months (Human Rights Watch, 27 April 12; Amnesty International, 27 April 12; New York Times, 27 April 12; Associated Press, 27 April 12).
Detailed Charges Against Zhu Yufu
On February 10, 2012, the Hangzhou Municipal Intermediate People's Court sentenced democracy advocate Zhu Yufu to seven years in prison for "inciting subversion of state power," a crime under Article 105, Paragraph 2, of China's Criminal Law, according to the court's judgment released by ChinaAid (10 February 12). The court also sentenced Zhu to three years' deprivation of political rights upon completion of his sentence. The court declared Zhu a recidivist, and based on Articles 65 and 66 of the Criminal Law, gave him a heavier punishment. In the court's judgment, authorities cited several of Zhu's writings and his activities associated with an "illegal" democracy party as evidence of "incitement," as noted below.
Transcript (PDF) (Text)
Today, the condition of Gao Zhisheng, one of China's most prominent human rights lawyers, remains a closely guarded secret. In December 2011, the Chinese government announced Gao would be required to serve out his earlier three-year criminal sentence, just as his sentence suspension was about to expire.