China Human Rights and Rule of Law Update - September 2006

 
 
 

Announcements

Hearing: Human Rights and Rule of Law in China

The Congressional-Executive Commission on China will hold a full Commission hearing entitled "Human Rights and Rule of Law in China," on Wednesday, September 20, 2006 from 10:00 - 11:30 a.m. in Room 138 of the Dirksen Senate Office Building. Senator Hagel will preside.

The witnesses are:

  • Jerome A. Cohen, Professor of Law, New York University School of Law
  • John Kamm, Executive Director, The Dui Hua Foundation
  • Minxin Pei, Director, China Program, Carnegie Endowment for International Peace
  • Xiao Qiang, Director, China Internet Project, University of California at Berkeley
 
 
 

Beijing Court Sentences Journalist Zhao Yan to 3 Years' Imprisonment

The Beijing No. 2 Intermediate People's Court acquitted New York Times researcher Zhao Yan of disclosing state secrets on August 25, but sentenced him to three years' imprisonment on an unrelated fraud charge, according to an August 25 New York Times report. On August 26, the China Daily reported that the court also fined Zhao 2,000 yuan (US$250) and ordered him to pay back 20,000 yuan (US$2,500) that it ruled he had acquired through fraud. According to a September 5 Associated Press International report (via the Guardian), on that day Zhao filed an appeal arguing that the prosecution's evidence was insufficient and that the court did not allow a defense witness to testify.

Beijing Court Sentences Journalist Ching Cheong to 5 Years' Imprisonment

The Beijing No. 2 Intermediate People's Court sentenced journalist Ching Cheong to five years' imprisonment and one year's deprivation of political rights on August 31 for spying for Taiwan, according to an August 31 Xinhua report (via the China Daily). The report cited a "document released by the court" as saying Ching "supplied information involving state secrets and intelligence he received from contacts in Beijing" to two people from a Taiwan foundation via fax and e-mail from May 2004 to April 2005. Ching was tried on August 15 behind closed doors in proceedings that lasted only a few hours.

Authorities Arrest and Imprison Writers for Online Essays Criticizing Government

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."

Supreme People's Procuratorate Details New Efforts to Prosecute Abuses of Power

The Supreme People's Procuratorate (SPP) has issued new provisions that detail the criteria for prosecuting official abuses of power, according to a July 26 Xinhua report. The SPP's Provisions on the Criteria for Filing Dereliction of Duty and Rights Infringement Criminal Cases went into effect on July 26, and clarify standards previously established in 1999 by the SPP's Provisions on the Criteria for Filing Cases Directly Received by People's Procuratorates for Filing and Investigation (Trial). The new provisions provide guidance for prosecuting 42 offenses, including 35 "dereliction of duty" crimes under Part II, Chapter 9 of the Criminal Law and 7 "rights infringement" crimes under Part II, Chapter 4. They omit guidance on "embezzlement and bribery" crimes under Part II, Chapter 8 of the Criminal Law, even though standards for prosecuting these crimes were included in the 1999 provisions.

Authorities Sentence Chen Guangcheng After Taking His Defense Team Into Custody

The Yinan County People's Court in Linyi city, Shandong province, sentenced Chen Guangcheng to four years and three months in prison on August 24 for "intentional destruction of property" (a crime under Article 275 of the Criminal Law) and "gathering people to disturb traffic order" (a crime under Article 291 of the Criminal Law), according to an August 25 Xinhua report (reprinted in the China Daily). Chen Guangcheng is a self-trained legal advocate who drew international news media attention to population planning abuses in Linyi in 2005.

ACFTU Presses Foreign Companies to Accept Union Branches

The All-China Federation of Trade Unions (ACFTU) began a campaign in March 2006 to establish union branches in foreign enterprises doing business in China, according to an April 1 Asia Times report.

Zhejiang Officials Demolish House Churches, Beat and Detain House Church Members

Zhejiang officials demolished a Protestant house church in Hangzhou city on July 29, beat hundreds of church members, and detained more than 50 church members, according to reports of July 31 and August 2 by the China Aid Association (CAA), a U.S. NGO that monitors religious freedom in China. Officials detained three more Hangzhou house church leaders on August 3, the CAA reported the following day.

Judicial Officials Consider Uniform Rules for Court Responses to Citizen Petitions

The Supreme People's Court (SPC) currently is researching the adoption of a uniform set of rules to govern how courts respond to citizen petitions following court decisions, according to a July 25 Legal Daily article (in Chinese) posted on the Procuratorate Daily Web site.

House Church Members in Henan, Inner Mongolia, Jilin, and Sichuan Accused of Cult Activities

Government officials in Henan, Jilin, and Sichuan provinces and the Inner Mongolian Autonomous Region investigated or accused Protestant house church members of being involved in "cults" during June and July 2006, according to the China Aid Association (CAA), a U.S. NGO that monitors religious freedom in China.

SARA Director Calls for Continued Controls on Religion

Ye Xiaowen, Director of the State Administration for Religious Affairs (SARA), emphasized the importance of government control over religious communities during an interview with the Xinhua news agency reported in a July 21 Xinhua article. Ye focused on future strategies for government control over religion, though such control has been a longstanding policy.

Court Imprisons One Tibetan Writer, Party Officials Shut Down Another's Blogs

The Intermediate People's Court in Lhasa, capital of the Tibet Autonomous Region (TAR), sentenced a Tibetan teacher and writer to 10 years' imprisonment in September 2005 on charges of "endangering state security," according to a July 25, 2006, Tibetan Centre for Human Rights and Democracy (TCHRD) press release.

Chinese Authorities Release House Church Filmmaker After 140 Days in Custody

On July 11, Reporters Without Borders reported that documentary filmmaker and blogger Hao Wu had been released by the Beijing Municipal Public Security Bureau (PSB) after being held for 140 days. The PSB never provided a reason for holding Wu, but at the time he was taken into custody on February 22, Wu was shooting a documentary about China's unregistered house churches, the subject of frequent harassment and repression by the Chinese government. On that day, Wu was supposed to meet with Beijing lawyer Gao Zhisheng, who had represented unregistered house church members and whom Wu had wanted to include in his documentary. Gao advised against the meeting, according to a July 3 Wall Street Journal (WSJ) article (subscription required). Two days after Wu was taken away, police removed editing equipment and several videotapes from his apartment, according to the WSJ. While Wu was being held, police interrogated one of his friends multiple times about the source of funding for Wu's film, the WSJ said. Prior to being held, Wu had written on his blog about being confronted by police while filming worshippers at a church.

City in Xinjiang Mandates Exclusive Use of Mandarin Chinese in Schools

Schools in Artush city, Xinjiang Uighur Autonomous Region (XUAR), will teach all first grade elementary school classes in Mandarin Chinese beginning in September 2006, according to a July 11 article in the Xinjiang Daily. Artush is the capital of the Kizilsu Kirgiz Autonomous Prefecture in the XUAR. The prefectural government and Party committee, which are jointly carrying out the policy, will require all primary and secondary schools to teach exclusively in Mandarin by the year 2012.

Inner Mongolia Government Promotes Mongolian Language

The Inner Mongolia Autonomous Region (IMAR) government has earmarked 10 million yuan for subsidies to reduce educational fees for students who received their high school education in the Mongolian language and continue their schooling at universities in the IMAR, according to a July 23 Xinhua article posted on the PRC Central Government Web site. The government also has set aside yearly funds to support minority-language teaching materials. According to the article, the IMAR government now has over 1,900 ethnic minority elementary and secondary schools that educate approximately 420,000 students.

Hebei Officials Detain Unregistered Catholic Clerics and Laypersons

Officials detained at least 2 unregistered Catholic clerics and about 90 Catholic laypersons in Hebei province between July 30 and August 2, according to an August 2 report of the Cardinal Kung Foundation (CKF), a U.S. NGO that monitors religious freedom in China, and AsiaNews reports of August 3 and August 11.

Officials Conclude Investigation, Increase Surveillance Over Activist Fu Xiancai

The official investigation into the June 8 assault of Three Gorges resettlement activist Fu Xiancai has concluded that his injuries were self-inflicted, according to a July 26 Human Rights in China (HRIC) press release. HRIC reported that the Zigui county Public Security Bureau (PSB) in Hubei province found no footprints other than those of Fu's at the scene of the incident, and that this finding served as the basis for the PSB's decision to drop its criminal investigation. The PSB also cited the medical conclusion of forensic experts who examined Fu's injuries to support its decision to drop the case.

Government Shuts Down Web Site; Chinese Scholars and Activists Respond

The Beijing Communications Administration (BCA) shut down the "Century China" Web site on July 26, according to a statement (in Chinese, via Boxun) issued by the Web site's operators. The operators said they received a notice (reprinted on Boxun's Web site) from the BCA on July 25 that ordered them to shut down the Web site immediately.

State Council Amends Education Law, Bans Arbitrary Fees

The Standing Committee of the National People's Congress (NPCSC) enacted an amendment to the Compulsory Education Law on June 29, to take effect September 1. Article 2 of the amended law bans authorities from collecting tuition or "arbitrary" fees for compulsory education. But article 61 leaves the definition of such fees unclear, stating that the State Council will issue regulations determining the administration of "arbitrary" fees at a later date.

TAR Party Secretary Accuses the Dalai Lama of Being a "False Religious Leader"

Zhang Qingli, the Communist Party Secretary of the Tibet Autonomous Region (TAR), challenged the Dalai Lama's credibility as a religious leader and dismissed his approach to resolving the Tibetan issue in an interview with the German magazine Der Spiegel that was published on August 14. Zhang also defended the record of the Chinese government and the Party on respecting Tibetan Buddhists' right to religious freedom. Spiegel Magazine, an Online publication, published an English translation of the interview on August 16.

Local Legislative Election Cycle for 2006-2007 Begins Under Strict Party Controls

The government has begun the 2006-2007 round of county and township elections for local people's congresses (LPCs) while maintaining strict Communist Party control over the process and candidates. Officials will hold elections for about 35,400 township LPCs and 2,800 county LPCs between July 1, 2006, and December 31, 2007, according to a July 27 Legal Daily article.

Government Announces Extension of Qinghai-Tibet Railway to Rikaze

Yu Yungui, a senior official in the Rikaze (Shigatse) prefectural government in the Tibet Autonomous Region (TAR), announced that the government plans to extend the Tibet-Qinghai railway westward from Lhasa to Rikaze city, the TAR's second-largest city, according to an August 9 Xinhua report. The extension would total about 270 kilometers (about 170 miles). Yu said that officials expect the project to take three years, suggesting that it would be completed some time in 2009.

Leaders of Banned House Church Convicted and Sentenced for Murder and Fraud

The Shuangyashan Municipal Intermediate People’s Court in Heilongjiang province convicted 17 members of the Three Grades of Servants house church on charges of murder and fraud, and defense lawyers said that several confessions were coerced under torture and that the defendants would appeal, according to a July 6 report of the China Aid Association (CAA), a U.S. NGO that monitors religious freedom in China.

Government Allows North Korean Refugees to Travel Directly to the United States

The Chinese government allowed three North Korean refugees to travel directly from China to the United States in July to seek asylum, according to an August 4 Wall Street Journal report (subscription required). The three refugees entered the U.S. Consulate General in Shenyang, the capital of Liaoning province, in May by scaling a wall that separates the U.S. facility from the South Korean Consulate, according to a May 20 Associated Press report.

Official Evaluates Regional Ethnic Autonomy in Inner Mongolia

Ismail Amat, Vice Chairman of the National People's Congress Standing Committee (NPCSC), praised the Inner Mongolia Autonomous Region (IMAR) government for its successes in advancing the ethnic minority autonomy system and implementing the Regional Ethnic Autonomy Law (REAL), according to a July 17 report from the State Ethnic Affairs Commission Web site. He added that the IMAR should serve as a model for other ethnic minority autonomous regions.

Henan to Use Same Compensation Standards for Urban Residents, Qualified Migrants

The Henan High People's Court (HPC) issued an opinion in June that requires courts to use urban compensation standards for personal injury cases involving qualified rural migrants living in cities, according to a June 23 Xinhua article (in Chinese). Article 15 of the opinion provides that compensation for injured rural migrants who have a "regular place of residence in the city" and whose "main source of income is earned in the city" must be calculated using the same standards as for urban residents.

SARA Director Pledges to Resolve Issues of Concern to Orthodox Christians

Ye Xiaowen, Director of the State Administration for Religious Affairs (SARA), pledged "to resolve issues of concern" to Orthodox Christians during a July 4 meeting in Moscow with Russian Patriarch Alexei II, according to a July 7 South China Morning Post (SCMP) report (subscription required).