Authorities Arrest and Imprison Writers for Online Essays Criticizing Government

September 8, 2006

Between May and July 2006, Chinese authorities arrested or sentenced the individuals below for criticizing the Chinese government on foreign Web sites, claiming such actions "subverted state power" or "incited subversion of state power."

Between May and July 2006, Chinese authorities arrested or sentenced the individuals below for criticizing the Chinese government on foreign Web sites, claiming such actions "subverted state power" or "incited subversion of state power."

Yang Tianshui: On May 17, the Zhenjiang Intermediate People's Court in Jiangsu province sentenced freelance writer Yang Tongyan (better known by his pen name Yang Tianshui) to 12 years' imprisonment and four years' deprivation of political rights for "subversion of state power," a crime under Article 105(1) of the Criminal Law, according to the court's judgment (in Chinese, reprinted by the Network of Chinese Human Rights Defenders (CRD), translation available through the Dui Hua Foundation). The court found that Yang had:

  • posted subversive articles on foreign Web sites, including the Epoch Times and Boxun. In "Everyone has the Right to Oppose Tyranny," Yang wrote: "The authoritarian system is itself a kind of absolute autocrat and traitor to the people. Everyone has the right to punish such traitors," according to the procuratorate's indictment referenced in the judgment.
  • been elected to the Secretariat of the "First Democratic Chinese Provisional Transitional Government" as well as Jiangsu member of the Working Committee for Peaceful Handover of Authority in Provinces and Cities through an online election launched by an overseas group called "Velvet Action."
  • formed and recruited members for a committee to organize the Jiangsu-Anhui branch of the outlawed China Democracy Party.
  • used overseas donations to assist Chinese citizens who had been convicted of crimes that the Chinese government characterizes as "endangering state security."

The court rejected Yang's argument that his actions were a lawful exercise of the freedoms of speech and association guaranteed under the Chinese Constitution, saying that the Constitution also provides that "in the commission of these political rights, citizens shall not endanger the interests or security of the state." Yang also argued that his actions were not concrete enough to constitute a crime and that the overseas donations had been used for humanitarian purposes, according to a statement (in Chinese, posted on May 26 via Boxun) from Li Jianqiang, one of Yang's lawyers. The court handed down a heavier sentence because of Yang's commission of "major" crimes, his collusion with overseas parties and his prior criminal record. Yang previously served 10 years in prison after being convicted for the crime of "counterrevolution" in 1991.

Authorities detained Yang in Nanjing city, Jiangsu, on December 23, 2005, formally arrested him on January 20, 2006, and indicted him on April 25. Authorities granted Yang access to a lawyer on April 15 after initially denying him such access on the grounds that the case involved state secrets, according to Li's statement. In a report on its 2004 mission to China, the UN Working Group on Arbitrary Detention (UNWGAD) identified Chinese authorities' use of "state secrets" exceptions as an area of concern, noting that they improperly interfere with access to defense counsel. For more information on Yang, see an earlier CECC analysis on Yang's arrest.

Guo Qizhen: On June 6, the Cangzhou Municipal Public Security Bureau (PSB) arrested rights activist Guo Qizhen on a charge of "inciting subversion of state power," a crime under Article 105(2) of the Criminal Law, according to the June 16 opinion that the PSB filed with the Cangzhou Municipal People's Procuratorate (in Chinese, reprinted by Boxun). The opinion alleges that Guo posted essays on foreign Web sites, including the Epoch Times, which "viciously attacked, slandered, and insulted" leading members of the Communist Party and Chinese government, negatively impacting international opinion. As an example, the opinion notes an essay Guo posted on the Democracy Forum (Minzhu Luntan) Web site on April 2 titled "Let Some Get Rich First While Others Cannot Make a Living" in which he writes, "From the beginning [the Chinese Communist government] has set its reactionary policies against civility and progress and the mainstream and have vainly attempted . . . to prop up a despotic, autocratic regime." Guo's trial is scheduled for September 12, according to a September 1 Boxun article.

The PSB had detained Guo on May 12 as he was preparing to join a hunger strike organized by Beijing lawyer Gao Zhisheng to protest human rights violations in China, according to a July 4 CRD report. According to CRD, authorities previously detained and arrested Guo in the mid-1990s after he exposed corruption by a local official.

Li Yuanlong: On July 12, the Bijie Intermediate People's Court in Guizhou province sentenced Li Yuanlong, a journalist with the Bijie Daily, to two years' imprisonment and two years' deprivation of political rights for "inciting subversion of state power," a crime under Article 105(2) of the Criminal Law and Article 2(1) of the Decision of the Standing Committee of the National People's Congress Regarding Safeguarding Internet Safety, according to the court's judgment (in Chinese, reprinted by Boxun). The court found that Li had posted essays with titles such as "In My Mind, I'm Becoming an American" and "Common Birth, Tragic Death" on foreign Web sites, including New Century Net and ChinaEWeekly. The essays contained "exaggerations, distortions, and fabrications" and "attacked the leaders of the Chinese Communist Party," the court said. The court said that the essays endangered the "people's democratic dictatorship" because many people had viewed the essays online and responded to them.

Authorities detained Li on September 9, 2005 and formally arrested him on September 29. After a month-long investigation the procuratorate decided there was insufficient evidence to go to trial and in December 2005 sent the case back to state security officials for further investigation. In January, state security officials returned the case to the procuratorate, requesting reinstitution of the proceeding and the procuratorate formally indicted Li on February 9. According to a July 13 Reporters Without Borders (RSW) report, Li's son was detained and coerced into making a written statement against his father that the procuratorate used as evidence in the case. For more information on Li, see an earlier CECC analysis on Li's indictment.

In its 2004 report, the UNWGAD recommended that the Chinese government halt the use of vague, imprecise, or overly broad criminal law provisions such as “subverting state power” to punish peaceful expression, assembly, and religious practice.