China Human Rights and Rule of Law Update - No. 1 - January 8, 2010
The Trial of Liu Xiaobo
Joint Statement by CECC Chairman Byron Dorgan and Cochairman Sander Levin
December 23, 2009
Following the trial of Mr. Liu Xiaobo in Beijing on the morning of December 23, China once again is at an important crossroads, and seems to be turning in the wrong direction. We call on the Chinese government to release Mr. Liu, and to respect the rights of all Chinese citizens to peacefully express their political views and desires for universally-recognized fundamental freedoms.
Mr. Liu has been detained and tried for exercising internationally-recognized rights to free expression and association; his case should be dismissed, and he should be released. The trial of Mr. Liu demonstrates again the Chinese government’s failure to uphold its international human rights obligations and also its failure to abide by procedural norms and safeguards that meet international standards. The apparent violations of Chinese legal protections for criminal defendants that have marred Mr. Liu’s case from the outset are numerous and well-documented. Serious concerns have been raised over matters such as the failure of Chinese prosecutors to consult defense lawyers and the speed with which they acted in indicting Mr. Liu and bringing him to trial, effectively denying his lawyers sufficient time to review the state’s evidence and to prepare for his defense. Mr. Liu’s wife, Liu Xia, has been harassed relentlessly and prevented by officials from attending the trial, in which she reportedly had hoped to testify on behalf of her husband. Mr. Liu's lawyers reportedly have been ordered by state judicial authorities not to grant interviews.
All nations have the responsibility to ensure fairness and transparency in judicial proceedings. The effective implementation of basic human rights and the ability of all people in China to live under the rule of law depend on careful attention to, and transparent compliance with, procedural norms and safeguards that meet international standards. Instead of signaling its intent to uphold international standards, the Chinese government thus far in its treatment of Liu Xiaobo has demonstrated callous disregard for those standards.
All Chinese citizens deserve unconditional protection of their internationally-recognized rights to free expression and free association. Those in China, like Mr. Liu, who have penned thoughtful essays or signed Charter 08 seek to advance debate on “national governance, citizens’ rights, and social development” consistent with their “duty as responsible and constructive citizens.” Their rights must be protected. As stated in this Commission’s recently-released 2009 Annual Report, the development of a stable China firmly committed to the rule of law and citizens’ fundamental rights is in the national interest of the United States. Those rights include the freedoms of speech, assembly, association and other rights protected under China’s Constitution and laws or under China’s international human rights obligations.
The verdict in Mr. Liu’s case reportedly may be announced on December 25. We call on China’s judiciary to signal genuine commitment to the rule of law and fundamental rights by dismissing the case against Liu Xiaobo, and in so doing to recognize the serious procedural flaws and substantive violations of his rights that have taken place. We call on Chinese officials to release Mr. Liu, and in so doing to demonstrate through action the Chinese government’s commitment to developing the rule of law and to upholding international human rights standards.
Additional Commission Resources on Liu Xiaobo:
- Prosecutors Indict Liu Xiaobo; Trial To Take Place December 23 (12/22/09)
- Joint Statement by Chairman Byron Dorgan and Cochairman Sander Levin - Human Rights Day 2009 (12/9/09)
- Beijing Police Transfer Liu Xiaobo's Case to Prosecutors (12/9/09)
- Beijing Police Formally Arrest Liu Xiaobo on Inciting Subversion Charge (7/2/09)
- Officials Extend Liu Xiaobo's Residential Surveillance Beyond Legal Time Limit (6/9/09)
- Officials Harass Charter 08 Signers; Liu Xiaobo Under Residential Surveillance (1/14/09)
- Charter 08 and the Detention of Liu Xiaobo (12/17/08)
- Charter 08 (Chinese and English Text) (12/10/08)
- Over 300 Citizens Issue "Charter 08"; Several Activists Detained (12/9/08)
- Beijing Police Crack Down on Human Rights Activists During U.N. High Commissioner's Visit (8/30/05)
- Chinese Authorities Crack Down on Freedom of Expression, Detain Four Writers, Encourage Strengthening Restrictions on the Media (12/14/04)
- Political Prisoners Known or Believed to be Detained or Imprisoned in China as of October 7, 2009 (1,279 Cases) (10/7/09)
- CECC 2009 Annual Report (10/10/09)
- CECC Political Prisoner Database
- U.S. Department of State Message on the Indictment of Chinese Activist Liu Xiaobo (12/15/09)
Contact for CECC Chairman Byron Dorgan: Charlotte Oldham-Moore 202-226-3798
Contact for CECC Cochairman Sander Levin: Doug Grob 202-226-3777
Beijing Court Sentences Liu Xiaobo to 11 Years
The Beijing No. 1 Intermediate People's Court sentenced prominent intellectual Liu Xiaobo on December 25, 2009, to 11 years in prison for "inciting subversion of state power," a crime under Article 105, Paragraph 2, of the Criminal Law. The court also sentenced Liu to two years' deprivation of political rights upon his release.
Prosecutors Indict Liu Xiaobo; Trial To Take Place December 23
Prosecutors indicted prominent intellectual Liu Xiaobo on December 10, 2009, and a Beijing court will hold his trial on December 23. Charged with the crime of "inciting subversion," Liu faces up to 15 years in prison for essays he wrote critical of the Chinese government and political system and for participating in Charter 08. Liu's case has been marred from the beginning by apparent violations of Chinese legal protections for criminal suspects. Both the United States and European Union recently called for Liu's release.
Authorities Sentence Rights Activist Huang Qi to Three Years in Prison
In late November 2009, a court in Chengdu city, Sichuan province, sentenced rights activist Huang Qi to three years in prison for illegal possession of state secrets. Huang had used his Web site to advocate on behalf of parents who lost children in school collapses during the May 2008 Sichuan earthquake.
Authorities Begin New Incentive Initiative To Continue Population Control in Xinjiang
The central government has launched a series of initiatives in the far-western region of Xinjiang to strengthen the region's population control work, including through monetary rewards to residents in designated areas who have fewer births than allowed under the region's population planning requirements. The reward program, started in fall 2009 and mainly directed at ethnic minorities, is part of broader efforts throughout China to control population growth using both punitive measures and incentives to promote compliance. Citizens who expose abuses in official implementation of population planning policies have faced repercussions including harassment and detention, as a recent case from Xinjiang illustrates.
Ministry of Health Ranks HIV/AIDS Deadliest Infectious Disease in China, Government Harassment of Advocates Continues
December 1, 2009, marked the 22nd annual World AIDS Day. HIV/AIDS was first officially reported in China in 1985, but reached epidemic proportions in rural areas in the early to mid-1990s due in part to tainted blood transfusions conducted at makeshift blood and plasma donation stations set up by enterprising businessmen and government officials. Medical procedures in these facilities reportedly were deficient: needles and tubes reportedly were reused, blood from multiple donors was mixed, and once plasma had been removed, re-injected into donors of the same blood type. Such practices reportedly resulted in the spread of blood-borne diseases including HIV. HIV/AIDS continues to spread throughout China today through a variety of channels. Many who provide assistance to or who advocate on behalf of people living with HIV/AIDS in China face government pressure, including harassment and other forms of abuse, as detailed below.
New Regulation in Xinjiang Appears To Expand Controls Over Children's Religious Freedom (Includes Update)
A new regulation on the protection of minors, adopted by the Xinjiang government and effective December 1, 2009, appears to expand formal legal controls over children's freedom of religion and parents' right to impart religious teachings. The regulation reportedly addresses the "negative impact" various religious activities have on minors. While the full text of the regulation is unavailable, an earlier draft version of the regulation expanded upon restrictions in force in Xinjiang that already prohibited parents or guardians from letting children engage in religious activities, adding more specificity to earlier restrictions and stipulating obligations for government offices and other entities to intervene in certain cases. The prohibition, unseen elsewhere in China, appears to have no basis in Chinese law and also contravenes international protections for freedom of religion. [See the end of this analysis for an update based on a copy of the regulation made available on December 25.]
Lead Poisoning in Children in Hunan Triggers Protests by Parents and Raises Questions About Governmental Accountability
The suspicion of lead poisoning in hundreds of children caused by industrial pollution prompted protests by parents in Hunan province in August 2009. The heavy metal pollution case raises questions about governmental accountability; the plant linked to the lead pollution did not have approval to operate from local environmental authorities. In addition, parents of ill children expressed reservations about the results of lead poisoning tests conducted locally, and also reported that some hospitals would not conduct the tests. The case also raises questions about freedom of expression; local officials reportedly intimidated and warned parents not to talk to the media.