Anhui Court Sentences Writer Zhang Lin to Five Years Imprisonment for Inciting Subversion

August 31, 2005

A court in Anhui province has sentenced writer Zhang Lin to five years imprisonment and four years of deprivation of political rights for inciting subversion, the Committee to Protect Journalists (CPJ) reported on August 2. According to CPJ, on August 2 authorities notified Zhang Lin's family and his lawyer, Mo Shaoping, that on July 28 the Intermediate People's Court of Bengbu ruled that Zhang was guilty of crimes related to articles he has posted on the Internet, and to a radio interview.

A court in Anhui province has sentenced writer Zhang Lin to five years imprisonment and four years of deprivation of political rights for inciting subversion, the Committee to Protect Journalists (CPJ) reported on August 2. According to CPJ, on August 2 authorities notified Zhang Lin's family and his lawyer, Mo Shaoping, that on July 28 the Intermediate People's Court of Bengbu ruled that Zhang was guilty of crimes related to articles he has posted on the Internet, and to a radio interview. Reporters Without Borders said that the court convicted Zhang for posting reports and essays on the Internet that were "contrary to the bases of the Constitution" and "jeopardized national unity and territorial sovereignty, spread lies, and disturbed public order and social stability." The sentence was imposed under article 105 of the Criminal Law, a provision on subversion.

Mo told CPJ that Zhang has already submitted a written appeal in advance of the 10-day deadline set by the court.

Zhang was tried on June 21. Police detained him at a Bengbu train station on January 29 and initially ordered him to serve two weeks administrative detention. In February, Reporters Without Borders reported that Chinese police had informed Zhang's wife that he was being held in "criminal detention" for threatening state security. On March 19, AFP reported that public security authorities had informed Zhang's wife that they had formally arrested Zhang for inciting the subversion of state's political power.

In February 2005, the UN Working Group on Arbitrary Detention released an advance version of the report on its September 2004 mission to China. Among its numerous recommendations, the report called for a halt to the use of vague criminal provisions such as "endangering state security" and "subverting public order" to punish peaceful expression, assembly, and religious practice.