August 24-30, 2010

To download this week’s CHRB as a .pdf file, please click here

Highlights

• Villagers Detained over Election Protest: Nine residents of Raolefu Village, located on the outskirts of Beijing, have been detained for participating in a protest on July 27 over the alleged disruption of a village election by local officials. According to Civil Rights and Livelihood Watch, some of the villagers have been criminally detained on suspicion of “disturbing social order.”

• Fujian Activist Fan Yanqiong Released: On the morning of August 25, Fujian human rights defender Fan Yanqiong (范燕琼) was released from Fuzhou City Number Two Detention Center on medical parole. Fan suffers from muscular dystrophy and remains seriously ill. Fellow activists have organized donation drives to help Fan with her medical bills.

Contents

Arbitrary Detention

Young AIDS Activist Tian Xi Formally Arrested in Henan

Group of Inner Mongolia Teachers Seized in Beijing, Detained Without Formal Notice

Freedom of Assembly

Police Outside Beijing Detain More Villagers over July Election Protest

Freedom of Expression

Fujian Netizen Fan Yanqiong Released on Medical Parole; Health Remains Extremely

Columns of Prominent Journalist Chang Ping Removed from Southern Media Newspapers

Forced Eviction and Demolition

Hundreds Protest Over Forced Evictions, Alleged Rape in Wuhan

Harassment of Activists

Hunan Writer and Activist Li Jianjun Illegally Interrogated, Held Over 24 Hours

Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

Family Planning Officials in Anhui Kidnap, Forcibly Sterilize Young Mother

Elderly Jiangsu Petitioner Diagnosed with Thrombosis Following Detention in RTL

Imprisoned Dissident Yang Tianshui Remains Seriously Ill, In Need of Outside Medical Attention

Arbitrary Detention

Young AIDS Activist Tian Xi Formally Arrested in Henan

According to documents obtained by Civil Rights and Livelihood Watch (CRLW), Henan AIDS activist Tian Xi was formally arrested by the Xincai County Public Security Bureau on August 23 on suspicion of “intentional destruction of property.” Tian, a 23 year-old AIDS activist who contracted AIDS as the result of a tainted blood transfusion he received as a child, was detained on August 17. According to his family, he is in poor health and in need of medication. (CRLW)[i]

Group of Inner Mongolia Teachers Seized in Beijing, Detained Without Formal Notice

CHRD learned on August 28 that a group of six female teachers from the Inner Mongolia Autonomous Region have been detained for petitioning in Beijing. The teachers, five of whom are ethnically Mongolian and one of whom is Han, graduated from teachers’ colleges in Inner Mongolia between 1998 and 2001, but were not assigned to teaching positions after graduation. The unemployed teachers have been petitioning for years regarding their situation, but have yet to receive a response from officials either in Inner Mongolia or in Beijing. The six teachers were seized on August 13 in the capital and returned to Baotou City, Inner Mongolia on August 15. They are currently being held in the Guchengwan Detention Center in Baotou. The length of their detention is currently unclear, as officials have reportedly failed to issue formal detention documents. According to other reports, two more teachers from Inner Mongolia were detained for petitioning on August 28. (CHRD)[ii]

Freedom of Assembly

Police Outside Beijing Detain More Villagers over July Election Protest

On August 24, police from the Fangshan District Public Security Bureau burst into the Raolefu Village Committee building and detained four villagers. Raolefu Village, located on the outskirts of Beijing, was the site of a protest on July 27 over an alleged election disruption by local officials, and it is believed that the detention of the four villagers—election committee chief Liu Jinfu, election committee members Zhao Zhenjiang (赵振江) and Wang Jinshan (金山), and resident Chen Fuzhen (陈福振)—came as retaliation for their participation in media coverage of the July protest.

According to Civil Rights and Livelihood Watch, a total of 13 villagers were taken into custody as a result of the protests. Four have since been released, but nine remains in detention, some of whom have been formally detained on suspicion of “disturbing social order.” (CRLW)[iii]

Freedom of Expression

Fujian Netizen Fan Yanqiong Released on Medical Parole; Health Remains Extremely Poor

On the morning of August 25, Fujian human rights defender Fan Yanqiong (范燕琼) was released from Fuzhou City Number Two Detention Center on medical parole. Fan’s family had applied on nine occasions for her release on medical parole. Fan, who suffers from muscular dystrophy and has been confined to a wheelchair, also experienced a number of fainting spells while imprisoned brought on by heart disease. She remains in extremely poor health. At the moment, Fan plans to return to her hometown of Nanping County, Fujian Province to rest before seeking further treatment.

Fan was the last of three netizens to be released from prison after being convicted of “slander” in a widely-followed case in April 2010. Fan and her two co-defendants, Wu Huaying (吴华英) and You Jingyou (游精佑), were detained in the summer of 2009 after posting articles and video online urging government officials to investigate the alleged rape and murder of a young woman in Fujian Province. Their case became a cause célèbre among Chinese netizens and activists, and a crowd of over a thousand gathered to protest outside of the courthouse on the day their verdict was announced.   (CHRD)[iv]

Columns of Prominent Journalist Chang Ping Removed from Southern Media Newspapers

On August 25, CHRD learned that prominent columnist and former deputy editor-in-chief of Southern Metropolis Weekly Chang Ping (长平) has had his columns cancelled by Southern Weekend and Southern Metropolis Daily newspapers. Chang, based in Guangzhou, confirmed the news in a Twitter posting, while another source reported that Chang’s desk in the Southern Media Group offices had been removed. While the precise reason behind the move is not known, Chang Ping has written for years on social problems and “sensitive” issues, which has earned him the ire of government officials; a few days earlier, he had been called in for “tea” by National Security officers in Guangzhou. He was removed from his previous position as deputy editor-in-chief of Southern Metropolis Weekly in 2008 after writing an opinion piece on unrest in Tibet which was published on the Financial Times‘ Chinese website. (CHRD)[v]

Forced Eviction and Demolition

Hundreds Protest Over Forced Evictions, Alleged Rape in Wuhan

According to a report by Civil Rights and Livelihood Watch, hundreds of Wuhan City, Hubei Province citizens took to the streets on the morning of August 30 to protest the forced demolition of their homes as well as the alleged rape of a young girl by demolition workers. Two protestors were seized by police, and remain in detention at the time of writing. According to the demonstrators, a young girl whose family lived in an area marked for redevelopment was raped on August 23 by a group of laborers employed by the demolition company; while police detained one suspect, the residents facing eviction who learned about the crime believed this to be an insufficient response. Local officials promised to meet with the concerned residents on August 26, but then failed to show up at the meeting. On August 30, when the officials finally met with the residents, the residents felt that the authorities were not taking the matter seriously enough, and staged a demonstration in response. (CRLW)[vi]

Harassment of Activists

Hunan Writer and Activist Li Jianjun Illegally Interrogated, Held Over 24 Hours

CHRD learned on August 26 that Huaihua City, Hunan Province activist and freelance writer Li Jianjun (黎建军) was illegally held by local National Security officials for 26 hours between August 24 and 25. Li was seized shortly after leaving his apartment on the evening of August 24 and taken to a detention house in Zhijiang County, 30 kilometers from Huaihua. After being questioned there for a few hours, Li was transferred to a hotel by police, who continued to interrogate him. According to Li, the officers primarily questioned him about his involvement with “Hunan Citizens’ Net Forum,” an online discussion forum; his relationship with CHRD; his support for imprisoned activists, including Liu Xianbin (刘贤斌); and articles he had posted online, among other issues. Police did not produce any legal documents during the interrogation which might have justified their actions. (CHRD)[vii]

Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

Family Planning Officials in Anhui Kidnap, Forcibly Sterilize Young Mother

On August 25, CHRD learned of the case of 23 year-old Li Hongmei (李红梅), a new mother who was kidnapped and subjected to forced sterilization by officials in Changfeng County, Anhui Province. Li, who gave birth to her first baby daughter on June 21, was kidnapped along with her child by family planning officials on July 15. When her family members contacted local officials regarding her disappearance, a quarrel broke out and Li’s mother, Yang Yonglian (杨永连) was seized by local police. She was later administratively detained 10 days for “obstructing the carrying out of official duties.” The family later learned that Li, who gave birth less than a month ago, had been taken to Shuangfeng Hospital, where family planning officials had held Li’s baby to coerce her into signing an agreement consenting to the sterilization procedure. Li fell ill after the procedure, suffering from dizziness and chest pains, and remains hospitalized at the time of writing. (CHRD)[viii]

Elderly Jiangsu Petitioner Diagnosed with Thrombosis Following Detention in RTL

CHRD learned on August 26 that 65 year-old Nantong City, Jiangsu Province petitioner Ji Guiying (吉桂英) has developed a serious medical condition as a result of heavy labor and inadequate medical treatment in the Nantong City Re-education through Labor (RTL) camp. Ji, a victim of forced eviction, was sent to RTL on April 9 of this year after she was detained during the annual meetings of the National People’s Congress and the Chinese People’s Political Consultative Conference allegedly for carrying a board filled with nails while petitioning (individuals who have suffered injustices have, in the past, used such boards to injure themselves as a means of protesting their fate). While in the camp, Ji developed edema in her legs and feet from long periods of performing manual labor while seated, and was repeatedly denied medical attention. When she was finally sent to a doctor, she was diagnosed with thrombosis, a potentially life-threatening condition. The RTL camp then released Ji on medical parole, reportedly because it feared being held responsible for Ji’s medical expense or for her dying in the camp. Her family has already spent more than 30,000 RMB in medical fees, and she remains in poor health. (CHRD)[ix]

Imprisoned Dissident Yang Tianshui Remains Seriously Ill, In Need of Outside Medical Attention

On August 26, CHRD obtained a copy of a letter written by imprisoned Nanjing City, Jiangsu Province democracy activist Yang Tianshui (杨天水) indicating he remains in poor health and in need of outside medical attention. According to the letter, which was dated June 8, 2010, Yang continues to suffer from tuberculosis, diabetes, rheumatism, and high blood pressure. He has been given some basic treatment by prison doctors but has not been allowed to seek specialized treatment as his condition has worsened. CHRD also learned that Yang has retained Beijing lawyers Li Baiguang (李柏光) and Liu Peifu (刘培福) to file an appeal on his behalf. Yang, a longtime dissident and author of numerous political essays, is currently serving a 12-year prison sentence handed down in 2006 for “inciting subversion of state power.” (CHRD)[x]

Editors: David Smalls and Lin Sang

News updates from CHRD

Annual Report on the Situation of Human Rights Defenders in China (2009)

[ii] “Students from Inner Mongolia Teachers’ Colleges 内蒙古师范生因工作问题上访被拘，待业生发出紧急信), August 28, 2010, http://www.peacehall.com/news/gb/china/2010/08/201008282120.shtml

[iii] “Four More Detained in Raolefu Village, on the Outskirts of Beijing; Elected Village Chief Among 13 Now in Detention” (京郊饶乐府选举门再抓四人 选委会主任等十三人被抓), August 24, 2010, http://news.boxun.com/news/gb/china/2010/08/201008242019.shtml

[iv] “Fujian Activist Fan Yanqiong Obtains Release on Medical Parole” (福建维权人士范燕琼获保外就医), August 25, 2010, http://news.boxun.com/news/gb/china/2010/08/201008251221.shtml

[v] “Famous Media Figure Chang Ping Once Against Silenced” (著名媒体人士长平再次被封杀(图)), August 25, 2010, http://news.boxun.com/news/gb/china/2010/08/201008251012.shtml

[vi] “Rape of Young Girl in Whuan by Demolition Workers Leads to Mass Protest” (武汉少女遭拆迁人员轮奸引发民众大规模堵路), August 30, 2010, http://news.boxun.com/news/gb/china/2010/08/201008302141.shtml

[vii] “Hunan Activist Li Jianjun Illegally Summoned” (湖南维权人士黎建军被非法传唤), August 26, 2010, http://news.boxun.com/news/gb/china/2010/08/201008262332.shtml

[viii] “Anhui Family Planning Cadres Kidnap Mother and Daughter, Force Sterilization, and Detain Relative” (安徽计划生育干部绑架妇婴做绝育手术并拘留家属(图)), August 25, 2010, http://news.boxun.com/news/gb/china/2010/08/201008251347.shtml

[ix] “Ji Guiying, of Nantong, Falls Ill after Suffering Mistreatment in Re-education through Labor” (南通吉桂英因上访被劳教受虐患重病(图)), August 26, 2010, http://news.boxun.com/news/gb/china/2010/08/201008261320.shtml

[x] “Nanjing Democracy Activist Yang Tianshui Enlists Beijing Lawyer Li Baiguang to File Appeal” (南京民运人士杨天水委托北京律师李柏光提起申诉), August 27, 2010, http://www.newcenturynews.com/Article/china/201008/20100827220217.html

August 17-23, 2010

To download this week’s CHRB as a .pdf file, please click here

Highlights

• Young AIDS Activist Tian Xi Arrested in Henan: CHRD learned on August 24 that 23 year-old Henan Province AIDS activist Tian Xi (田喜) has been arrested for “intentional destruction of property.” Tian, who contracted AIDS as the result of blood transfusion he received as a child in a Henan hospital, has been a vocal advocate for the rights of AIDS patients in recent years. His family is concerned that he is not receiving necessary medication while detained and is in extremely poor health.

• Sichuan Rights Defenders Convicted on Trumped-up “Fraud” Charges: Prominent Sichuan land rights activist Liu Zhengyou (刘正有) was convicted along with his wife, fellow activist Hu Yulan (胡玉兰), of “fraud” on August 20 and sentenced to two years’ imprisonment. Liu is in prison while Hu is serving a suspended sentence. CHRD believes the “fraud” charges, which allege that Liu falsified his work experience to obtain social security benefits, are groundless.

• Group of Prominent Lawyers, Writers, and Activists Sign Open Letter Regarding Alleged Torture in Chongqing Anti-Mafia Crackdown: An open letter addressing allegations of torture in the recent anti-mafia crackdown in Chongqing has been circulating on the internet in recent days. The letter, which cites the widely-reported case of Fan Qihang, calls on the Supreme People’s Procuratorate to investigate these allegations. For an English translation of the letter, including a list of signatories, please click here.

Contents

Arbitrary Detention

• Sichuan Rights Defenders Convicted on Trumped-up “Fraud” Charges
• Village Officials Disrupt Election, Detain Villagers Following Protest
• Case against Xu Kun, Village Chief Who Led Resistance to Forced Eviction, Transferred to Procuratorate
• Guangxi Villager Given Two Years Sentence for Questioning Election Procedures
• Hubei Petitioner and Doctor Wang Suhua Detained Seven Days
• Young AIDS Activist Tian Xi Arrested in Henan
• Detained Hebei Reporter Xu Yishun Hospitalized after Heart Attack Brought on by Hunger Strike
• Lawyer for Detained Sichuan Activist Liu Xianbin Reports Obstruction by Court
• Case against Artist and Activist Wu Yuren Transferred to Procuratorate
• Hangzhou Housing Rights Activist Yang Yunbiao Sentenced to Three Years in Prison

Harassment of Activists

• Officials at Detention Center Bar Wife from Delivering Clothes, Money to Activist Liu Xianbin
• Fuzhou Activist ‘Butcher’ Seized in Beijing, Forcibly Returned to Hometown

Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

• Zhejiang Businessman, Held over Fraud, Dies in Detention

Citizens’ Actions

• Group of Prominent Lawyers, Writers, and Activists Sign Open Letter Regarding Alleged Torture in Chongqing Anti-Mafia Crackdown

Law and Policy Watch

• Amendment to Criminal Law Would Reduce Number of Capital Offenses for First Time Since 1979

Arbitrary Detention

Sichuan Rights Defenders Convicted on Trumped-up “Fraud” Charges

On August 20, the Ziliujing District People’s Court in Zigong City, Sichuan Province convicted human rights defenders Liu Zhengyou (刘正有) and his wife Hu Yulan (胡玉兰) of “fraud.” CHRD believes that the charges of “fraud” against Liu and Hu are groundless and that local officials are persecuting the couple for their years of human rights activism. (CHRD)[i]

Village Officials Disrupt Election, Detain Villagers Following Protest

CHRD learned on August 17 that eight villagers in Raolefu Village, located in Fangshan District on the outskirts of Beijing, have been detained after a protest related to government interference in village elections. On July 27, the villagers gathered to vote for village committee members; they discovered some problems with the ballots and confronted the officials about them, and while they waited for officials to explain the situation, police and government workers ran away with the ballot box. The villagers protested, blocking traffic on a road in the village. The next day, more than 300 police arrived in the village, reportedly attacked some of the villagers, and detained seven villagers- Qiu Lina (邱丽娜), Qiu’s two twin sisters, Zhao Yun (赵云), Ma Zhizheng (马志正), Zhao Zhenghai (赵正海), and Zhao Daqing ( 赵大庆)- on July 28 and 29. Qiu Lina’s family received a formal detention notice stating that she has been criminally detained for “obstructing traffic”; however, families of other detained villagers have yet to receive any official notice regarding the detentions. On August 16, police detained 72 year-old Hao Sen (郝森), a move believed to be in relation to the July 27 protests. Again, no notification has been issued. (CHRD)^[ii]

Case against Xu Kun, Village Chief Who Led Resistance to Forced Eviction, Transferred to Procuratorate

CHRD learned on August 18 that the case against Baihutou Village chief Xu Kun (许坤) has been transferred to the Yinhai District Procuratorate in Beihai City, Guangxi Province. Xu was detained in May 2010 along with at least five other villagers for “operating an illegal business.” Xu has been held without access to his family or lawyer. Additionally, in June this year Baihutou villagers Gao Zhenzhang (高镇章) and Gao Shihui (高世辉) were sentenced to two years in prison for obstructing official business, while Cai Jianyue (蔡建月) was given one and a half years for the same charge. All of the detained villagers were active in resisting forced evictions; local officials have been trying to requisition beachfront property upon which these villagers had operated small businesses to supplement their meager income from fishing. (CHRD)^[iii]

Guangxi Villager Given Two Years Sentence for Questioning Election Procedures

On August 18, the wife of Wang Bingrong (王兵荣), a villager from Quanzhou County in Guangxi Province, was notified by the court that her husband has been convicted of “undermining election” and sentenced to two years in prison. According to the verdict, Wang, who was taken into police custody on March 27, 2010, attacked election officials, destroyed ballot boxes and torn over a hundred ballots during an election of the local people’s congresses at the county and township levels on September 15, 2006. However, Wang claimed that he merely confronted the election officials and demanded that they explain a number of procedural violations. When the officials refused to answer Wang’s questions, arguments broke out, followed by some pushing and shoving on both sides. (CHRD)^[iv]

Hubei Petitioner and Doctor Wang Suhua Detained Seven Days

CHRD learned on August 19 that Shiyan City, Hubei Province petitioner Wang Suhua (汪素华) has been sent to seven days of administrative detention by the Shiyan City Public Security Bureau. According to Wang, police told her she was being detained for posting petitioning materials in Beijing. Wang, a doctor, has been petitioning for redress after being convicted on trumped-up charges in retaliation for reporting on corruption of her superiors at the hospital where she was employed at the time.. (CHRD)^[v]

Young AIDS Activist Tian Xi Arrested in Henan

CHRD learned on August 24 that Xincai County, Henan Province AIDS activist Tian Xi (田喜) has been arrested for “intentional destruction of property.” Tian, who is 23 years old, contracted AIDS as a boy as the result of a blood transfusion in Xincai County Number One People’s Hospital. He recently graduated from Beijing City College, and has remained in Beijing to advocate on behalf of fellow AIDS patients. According to Tian’s father, Tian was lured back to Xincai from Beijing by the county Party secretary, who promised to resolve his case. However, once Tian returned, he was treated dismissively and ignored by both the Party secretary and the director of Number One People’s Hospital, with whom Tian had gone to speak about obtaining more medicine. Following an argument with the hospital director in which he allegedly broke some tea cups and other office items, Tian was seized by local police on August 6. Police originally issued a notice informing Tian’s family that he would be administratively detained for 15 days; however, on August 21 they notified the family that Tian had been criminally detained, and on August 23, Tian was formally arrested. He is currently being held in the Shangcai County Detention Center in Henan, where he is reportedly in extremely poor health and denied access to his family. (CHRD)^[vi]

Detained Hebei Reporter Xu Yishun Hospitalized after Heart Attack Brought on by Hunger Strike

CHRD learned on August 23 that detained Hebei reporter and activist Xu Yishun (徐义顺), who had been on a hunger strike to protest the Re-education through Labor (RTL) system and call for its abolition, has been hospitalized after suffering a heart attack. According to reports, Xu has been in the hospital for three days and remains in very poor health. Xu had hoped to draw attention both to the illegalities of the RTL system as well as the beatings he had suffered since being taken into detention through his hunger strike, the second such action he has undertaken since his detention began. A former reporter for Public Opinion (民意) magazine, Xu has been detained in an RTL camp since April 2010, when he was seized by police after attempting to visit Yuan Weijing (袁伟静), the wife of imprisoned Shandong human rights defender Chen Guangcheng (陈光诚). He was sent to one and a half years of RTL for “fraud” and is being held in the Gaoyang RTL Camp in Hebei Province. (CHRD)^[vii]

Lawyer for Detained Sichuan Activist Liu Xianbin Reports Obstruction by Court

According to Ma Xiaopeng (马小鹏), lawyer for Sichuan democracy activist and human rights defender Liu Xianbin (刘贤斌), the Suining City Intermediate Court has illegally prevented Liu’s defense team from preparing an adequate defense ahead of his upcoming trial for “inciting subversion of state power.” Ma stated on August 23 that, since Liu’s case was transferred from the procuratorate to the court earlier this month, he has been barred from meeting with Liu and has been unable to review evidence submitted by the prosecution. Furthermore, officials at the court have refused to provide Ma with a copy of Liu’s indictment. Liu, who is being charged with “inciting subversion of state power” based on articles he wrote and posted online, was criminally detained on June 28 and formally arrested on July 5 of this year. He is currently being held in the Suining City Detention Center. (CHRD)^[viii]

Case against Artist and Activist Wu Yuren Transferred to Procuratorate

CHRD learned on August 20 that the case against Beijing artist and activist Wu Yuren (吴玉仁) for “using violence to obstruct judicial officials from carrying out their duties” has been transferred from the public security bureau to the procuratorate. Officials at the Chaoyang District Detention Center informed lawyer Li Fangping (李方平) and fellow activists Yang Licai (杨立才) and Wen Tao (文涛) of the development when the three applied for permission to visit Wu on August 19. However, the procuratorate did not provide Li with a copy of Wu’s indictment. Wu was one of the leaders of a February protest down Beijing’s Chang’an Avenue to draw attention to the forced demolition of the 008 Arts District. He was detained on June 1 after accompanying Yang Licai to the police station to report the theft of a generator, and was allegedly beaten by police while in detention. (CHRD)^[ix]

Hangzhou Housing Rights Activist Yang Yunbiao Sentenced to Three Years in Prison

On August 20, the Xihu District People’s Court in Hangzhou City, Zhejiang Province sentenced Hangzhou activist Yang Yunbiao (杨云彪) to three years in prison for “destroying production operations.” A victim of forced eviction, Yang was active defending his own housing rights and those of fellow evictees before his arrest. He was originally detained on September 24, 2009 in Beijing while petitioning about forced demolition. Yang was previously arrested in 2007 while resisting the demolition of his home in Zhuantang Town, Xihu District, Hangzhou, and served one and a half years in prison for “obstructing official business.” In 2006, Yang and fellow villagers were forcibly removed from their homes without adequate compensation. The land was expropriated for “tourism” purposes, but it was used for the construction of upscale mansions. (CHRD)^[x]

Harassment of Activists

Officials at Detention Center Bar Wife from Delivering Clothes, Money to Activist Liu Xianbin

CHRD learned on August 18 that the Suining City Detention Center has barred Chen Mingxian (陈明先) from delivering clothes or money to her husband, detained activist Liu Xianbin (刘贤斌). According to Chen, when she arrived at the detention center on August 14 with a change of clothes for Liu, a police officer in the reception area refused to accept the items and told her that anything for Liu must be “approved by the court.” The officer also refused to allow Chen to add money to Liu’s account at the detention center. According to the officer, this treatment is unique to Liu, and is the result of “orders from above.” Chen also said she wrote a number of letters to her husband but has received none in return, and suspects that their letters have been intercepted by the prison authorities. (CHRD)^[xi]

Fuzhou Activist ‘Butcher’ Seized in Beijing, Forcibly Returned to Hometown

Fuhzou City, Fujian Province human rights activist Wu Gan (吴淦, known online as “Butcher,” 屠夫) was forcibly returned to his hometown from Beijing on August 18. Wu was seized by four Beijing National Security officers around midnight on August 17 after returning to his hostel from dinner with a group of Beijing netizens; after being taken first to the Taipingzhuang police station, he was then taken by police to a hotel for the night. The next morning, officials from Fuzhou and the Beijing officers forcibly returned him to Fuzhou. The precise reason for the police action is not currently known. (CHRD)^[xii]

Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

Zhejiang Businessman, Held over Fraud, Dies in Detention

On August 19, CHRD learned that Zhejiang businessman Zhu Wanliang (朱完良) had died after spending more than eight months in detention for fraud. Zhu, a farmer from Anji County, Zhejiang Province, had invested in the construction of a factory along with local partners and government officials in Suining County, Hunan Province. According to his son, Zhu Gui (朱贵), Zhu Wanliang was taken into detention on December 7, 2009 on suspicion of “fraud” after a dispute arose regarding the financing of the project. The primary concern of the police seemed to be coercing Zhu into paying back the money he “owed” his partners. When it became apparent that Zhu would not do so, he was prosecuted and put on trial on April 26, 2010, but the court ruled that evidence was insufficient to convict him. However, instead of releasing him, the procuratorate returned the case to the police for “supplementary investigation.” At the detention center, Zhu began to fall ill. Officials ignored his condition until it became serious, and on August 13, he was taken to the hospital for an examination. Zhu’s conditioned worsened. Zhu’s family was not notified until August 16. That afternoon they arrived and took him to another hospital, but it was already too late. Zhu died on August 18. (CHRD)^[xiii]

Citizens’ Actions

Group of Prominent Lawyers, Writers, and Activists Sign Open Letter Regarding Alleged Torture in Chongqing Anti-Mafia Crackdown

A group of 50 prominent lawyers, writers, and activists have signed an open letter addressed to the Supreme People’s Procuratorate calling for an investigation into allegations of torture in the recent anti-organized crime crackdown in Chongqing. For an English translation of the letter, please click here. The authors draw particular attention to the case of Fan Qihang (樊奇杭); for CHRD’s reporting on his case, please click here.

Law and Policy Watch

Amendment to Criminal Law Would Reduce Number of Capital Offenses for First Time Since 1979

According to an August 23 People’s Daily article, the Standing Committee of the National People’s Congress has begun a review of an amendment to the Criminal Law of the People’s Republic of China which would eliminate 13 economic and non-violent crimes from the list of offenses eligible for the death penalty. There are currently 68 crimes which are punishable by death according to the Criminal Law. If the amendment is adopted, this would mark the first reduction to the number of crimes eligible for the death penalty since the Criminal Law was first introduced in 1979. The draft amendment also suggests that offenders over the age of 75 at the time a crime is committed be spared from the death penalty. (People’s Daily)^[xiv]

CHRD continues to urge the Chinese government to abolish the death penalty. Short of complete abolition, however, we welcome concrete steps which will limit the number of individuals sentenced to death, and encourage the Standing Committee of the National People’s Congress to approve this amendment and continue to reduce the number of offenses eligible for the death penalty.

Editors: David Smalls and Lin Sang

News updates from CHRD

Annual Report on the Situation of Human Rights Defenders in China (2009)

[ii] “Fangshan Villagers’ Ballot Box Stolen; Eight Villagers Detained” (房山村民选举权票箱被抢8村民被抓), August 17, 2010, http://news.boxun.com/news/gb/china/2010/08/201008171048.shtml

[iii] “Beihai ‘Xu Kun Frame Case’ Transferred to Procuratorate” (北海“许坤构陷案”移送检察院), August 18 2010, http://news.boxun.com/news/gb/china/2010/08/201008181854.shtml

[iv] “Guangxi Qunzhou Wang Bingrong Sentenced to Two Years for Undermining Elections” (广西全州王兵荣被以“破坏选举罪”判刑两年), August 18, 2010, http://news.boxun.com/news/gb/china/2010/08/201008192321.shtml; “CHRD Researcher Wang Debang Interviews Election Expert Yao Lifa on the Case of Wang Bingrong in Guangxi Province” (“维权网”信息员王德邦就广西“王兵荣选举案”采访选举专家姚立法), August 8, 2010, http://www.peacehall.com/news/gb/china/2010/08/201008081732.shtml

[v] “Shiyan City, Hubei Petitioner Wang Suhua Detained Again” (湖北十堰市访民汪素华再次被拘留(图)), August 19, 2010, http://news.boxun.com/news/gb/china/2010/08/201008191819.shtml; http://www.peacehall.com/news/gb/china/2010/08/201008081732.shtml

[vi] “Henan AIDS Activist Tian Xi Criminally Detained” (河南艾滋病感染维权人士田喜被刑事拘留), August 23, 2010, http://news.boxun.com/news/gb/china/2010/08/201008231744.shtml

[vii] “Hebei Activist Xu Yishun Hospitalized After Hunger Strike to Protest Re-education through Labor” (河北维权人士徐义顺因绝食抗议劳教病重入院), August 23, 2010, http://news.boxun.com/news/gb/china/2010/08/201008231712.shtml

[viii] “Suining Court Illegally Obstructs Liu Xianbin’s Lawyer from Handling Case” (遂宁法院违法阻扰刘贤斌律师办案), August 23, 2010, http://news.boxun.com/news/gb/china/2010/08/201008231331.shtml

[ix] “Case Against Chang’an Avenue Protest Organizer Wu Yuren Sent to Procuratorate” (长安街游行组织者吴玉仁被起诉到检察院), August 20, 2010, http://www.peacehall.com/news/gb/china/2010/08/201008202225.shtml

[x] “Hangzhou Activist Yang Yunbiao Sentenced to Three Years in Prison” (杭州维权人士杨云彪被判三年有期徒刑), August 20, 2010, http://peacehall.com/news/gb/china/2010/08/201008202240.shtml

[xi] “Detention Center Bars Family from Delivering Clothes, Money to Liu Xianbin” (看守所拒绝家属给刘贤斌送衣服与存钱), August 18, 2010, http://news.boxun.com/news/gb/china/2010/08/201008182205.shtml

[xii] “Activist Butcher Forcibly Returned from Beijing to Hometown” (维权人士屠夫被强行从北京遣送回家), August 18, 2010, http://news.boxun.com/news/gb/china/2010/08/201008182011.shtml

[xiii] “Suining County, Hunan Detention Center Holds Zhejiang Businessman until Death” (湖南绥宁看守所将浙江商人关致死), August 18, 2010, http://news.boxun.com/news/gb/china/2010/08/201008190954.shtml

[xiv] “Eight Amendment to Criminal Code Eliminates 13 Nonviolent Economic Crimes from Death Penalty Eligibility” (刑法修正案(八)拟取消13个经济性非暴力犯罪死刑), August 23, 2010, http://npc.people.com.cn/GB/12515839.html



Open letter requesting Supreme People’s Court immediately to open an investigation into the use of torture in the Chongqing anti-mafia campaign

Published on 23 August 2010 at 10:04:00

To the Supreme People’s Court and Chief Procurator Cao Jianming:

The Chongqing Anti-mafia campaign has triggered a lot of public controversy. There is certainly nothing wrong with cracking down on organized [mafia] crime if it is done strictly in accordance with the Criminal Law and Criminal Procedure Law. But available evidence makes one come to the conclusion that the legal and political authorities of Chongqing are producing a large quantity of wrongful convictions in the name of ‘striking hard against organized crime’, and are suspected of using torture indiscriminately, harming innocent persons, and trampling on the rules of procedure. The way in which torture has been used, in particular, is absolutely shocking.

To use the case of Fan Qihang as an example in the series of ‘anti-mafia’ cases recentlyhandled in Chongqing, his criminal defence lawyer published relevant photographs and video recordings that showed that the defendant Fan Qihang had endured extremely serious torture during the criminal investigation stage. According to the materials published by Lawyer Zhu Mingyong, Fan Qihang was brutally beaten, hung up by his shackled hands, ‘put on the metre’ (that is to say, forced to endure a bent position in which he was shackled and fettered), etc, during the criminal investigation stage. At this time, his scalp, his wrists, and his ankles all show deep scars. During the period of his torture, Fan Qihang attempted suicide when he was no longer able to endure the pain of torture, by biting off the tip of his own tongue and in other ways.

According to Fan Qihang’s own account:

‘They used many different methods to extract ‘confessions’ from me. For instance they shackled my hands behind my back and hung me by my wrists from an iron window grille, so that my toes just barely touched the ground, and they never took me off. The longest they did that was for five [consecutive] days before they took me off. That time, to be honest, I have no words to describe that pain. I really felt that living was worse than dying then. The shackles ate into the flesh [of my wrists]; they became embedded to deeply that when they were taken off, it was all blood and pus; I can remember clearly that it took them over an hour to remove my shackles….In their jargon they called this ‘putting someone on the metre.’ It meant that they shackled my hand together and then attached them to my leg irons, so that my body was forced into a bent position at a 90° angle. Then they kept me standing for a week; the longest period, I remember, was for over ten days. For over ten days I was not able to sleep for one minute, not even one second. During that time I fainted and fell unconscious several times, when they saw me fainted, they splashed me with cold water to bring me back to my senses. A person pulled me up again by the fetters, and once they had woken me up in that way, they made me continue to stand [in a bent position]. Whenever I collapsed, they pulled me up again, made me stand again, and beat and kicked me….Living was worse than dying; and I actually tried to commit suicide because I could no longer endure this torment.  Twice I bashed my head against the wall, leaving two big scars on my head. While I was hung up and they wouldn’t take me off, but instead splashed me with cold water to wake me up, I bit through the tip of my tongue. After that, it took two days before they took me to a clinic to treat the wound. By that time there was a bit of my tongue left hanging loosely attached. They tore it off. It began to fester…’

Even more shocking is that according to the materials submitted for the death penalty review disclosed by Lawyer Zhu Mingyong, during the trial of the Fan Qihang other defendants also reported about having suffered torture. For example,

‘Some said, I was tortured so badly that I tried to jump from the window, but they prevented me! Some said that the police had threatened him with burying him alive if he did not confess.

The only woman [defendant] in this case said,  they tortured me so terribly, they cracked my head and almost knocked my teeth out.

Another defendant cried, Presiding Judge, you mustn’t believe the police on any account, whether they wanted me to confess to ten or even twenty kilos of ice [meth], I had to confess.’

The publication of the abovementioned materials has produced an enormous reaction from the public. According to media reports and accounts by lawyers, in a great number of ‘mafia’ cases, the use of torture was a common phenomenon. And it was common for confessions extracted through torture to be used as the basis for conviction. Officers involved in the handling of these cases, who were suspected of torture, were never held accountable in any way whatsoever. This clearly gravely violated the dignity of our country’s law.

According to the 2005 ‘Supreme People’s Procuracy Provisions on the Criteria for Filing Dereliction of Duty and Rights Infringement Criminal Cases,’ a case must be filed  in the following instances of uses of torture:
(1) If a person’s liberty is illegally deprived for 24 hours or more;
(2) If a person’s personal liberty is illegally deprived, and instruments or bindings, among other vile means, are used, or beatings, insults, or maltreatment are used;
(3) If illegal custody leads to minor injury, serious injury, or death of the person in custody;
(4) If the circumstances of illegal custody are serious, and bring about the suicide, serious injury through self-infliction, death, or mental disorder of the person in custody;
(5) If illegal custody is used against three or more individuals, or three or more times;
(6) If a judicial officer knows that there are no facts [to support] that an individual has committed a criminal offense, and yet takes him into illegal custody;
(7) In other situations in which illegal custody should be investigated for criminal liability.’

Any risk to human life is of utmost concern. Given that this case it already undergoing review by the Supreme People’s Court, and  considering the great impact the Chongqing anti-mafia campaign has already made, and in a spirit of responsibility for the law and for the defendants in this case, we call upon the Supreme People’s Court immediately to open an investigation into the question whether in the cases of the Chongqing anti-mafia campaign , including that of Fan Qihang, torture has been used, and to publish the results of this investigation in a timely fashion. In the event that torture has indeed been used, the persons concerned should be held legally accountable accordingly.

Article 41 of the PRC Constitution provides: ‘Citizens of the People’s Republic of China have the right to criticize and make suggestions to any state organ or official. Citizens have the right to make to relevant state organs complaints and charges against, or exposures of, violation of the law or dereliction of duty by any state organ or official.’ As citizens concerned about our nation’s progress toward the rule of law, we request the Supreme People’s Procuracy to fulfill its public duty in accordance with law, speedily to institute an investigation and to correct any methods used by local officials that have violated the rule of law or trampled upon human rights.

Public signatories:

22 August 2010

Citizens are welcome to sign. If you wish to sign please send an email with your real name occupation, and location to the signatory email account:

geilianggaogkx@gmail.com

“By convicting these land and housing rights activists on trumped-up charges, and singling out Liu Zhengyou for harsher punishment, the government is sending an unequivocal message of intimidation to other activists,” said Renee Xia, CHRD’s International Director.

Liu, Ma, and Feng were all sentenced to two years in prison, and Hu sentenced to one year and six months with a two-year reprieve. Ma will serve his sentence outside of prison due to illness, while Feng has been released on medical parole. Liu, who is 58 years old, is reportedly in very poor health as a result of his months in detention; during a meeting in June with his lawyer Zheng Jianwei (郑建伟), Liu appeared “extremely weak” and had to be supported by two policemen. He currently suffers from high blood pressure, and appeared very thin and frail in court.

Over 100 supporters gathered to await the verdict outside the courthouse on the afternoon of August 20, and a large number of uniformed and plainclothes police were on hand to control the crowd. Of Liu’s family and supporters, only Liu Jing (刘静), his daughter, was allowed to attend the sentencing. One activist who applied for permission to attend, Luo Shimo (罗世模), was taken away by police and held in a nearby teahouse during the proceedings.

Liu was originally detained on November 11, 2009, and if he serves his full sentence, will be released on November 10, 2011.

CHRD condemns the imprisonment of Liu Zhengyou and demands his immediate release. We believe that Liu is being imprisoned solely for exercising his rights to freedom of expression, association and to defend the human rights of others. His detention is arbitrary, as defined by the United Nations Working Group on Arbitrary Detention, and violates international human rights standards contained in the Universal Declaration of Human Rights.

Background

Liu Zhengyou is a longtime activist and founder of a local rights-defense group responsible for providing assistance to petitioners and documenting local rights abuses. A farmer, construction worker and owner of a rural machine tool factory, Liu got his start as a land rights activist in 1993 when Zigong City officials began seizing farmland in and around the village where he was living. He was designated a leader by fellow farmers, and for the next decade Liu led the farmers in pursuing every available avenue of potential redress—filing lawsuits and appeals, petitioning, and writing letters to officials—without success. Liu has been detained on a number of occasions over the years for his activism, and in 2006 was prevented from leaving the country to attend a human rights training session in Geneva, Switzerland on the grounds that he was under “criminal investigation” for his role in leading a protest by villagers in Shandong Province who had lost their land to developers without proper compensation.

Liu’s writings and essays appeared frequently on news websites, such as Boxun (www.boxun.com), Canyu (www.canyu.org), and CHRD’s website. In 2006, Liu was one of seven Chinese housing rights activists to jointly receive the Housing Rights Defender Award, presented by the Geneva-based Centre on Housing Rights and Evictions (COHRE).

Liu was detained on suspicion of “fraud” on November 11, 2009, and formally arrested on December 7, 2009. After an illegally prolonged detention, during which the procuratorate twice sent Liu’s case back to the public security bureau for supplementary investigation, Liu and his co-defendants were tried on July 6. According to Liu’s lawyer, Zheng Jianwei (郑建伟), the trial was marred by irregularities. For example, Zhang Kai (张凯), lawyer for one of Liu’s co-defendants, was ignored by the judge after requesting on multiple occasions that court officials and prosecutors speak Mandarin, and the court refused to provide Zhang with an interpreter to help him understand the local dialect. Furthermore, the defense was not allowed to cross-examine a number of witnesses during the hearing, and the prosecutors presented evidence during the hearing which had not previously been submitted to the court.

For More Information:

“Land Rights Activist Liu Zhengyou Criminally Detained on Suspicion of ‘Fraud,’” November 12, 2009, http://chrdnet.org/2009/11/12/land-rights-activist-liu-zhengyou-criminally-detained-on-suspicion-of-fraud/

Media Contacts

Renee Xia, International Director (English and Mandarin), +852 8191 6937 or +1 301 547 9286

David Smalls, Researcher (English), +1 347 448 5285

August 10-16, 2010

For this week’s CHRB in a .pdf file, please click here

Highlights

• Procuratorate in Suining City Moves Forward with Prosecution of Liu Xianbin: What has so far been a rapid procession through the criminal procedure system for Sichuan democracy activist and human rights defender Liu Xianbin (刘贤斌) continued this past week, as CHRD learned that the Suining City Procuratorate has already transferred his case to the courts for trial. Liu, who is charged with “inciting subversion of state power,” was criminally detained on June 28 and formally arrested on July 5 of this year. He is currently being held in the Suining City Detention Center.
• Activist and Medical Professor Released from Detention: This week, Beijing human rights activist Zhou Li (周莉) and Dalian City medical professor Yu Xiaoyan (于晓艳) were released from one year and one month of arbitrary detention, respectively. Zhou, who was detained for taking part in a protest against Beijing University professor Sun Dongdong (孙东东), had been convicted of “creating a disturbance.” Yu, a professor at Zhongshan College of Dalian Medical University and the wife of imprisoned lawyer and activist Wang Yonghang (王永航), was being held in a black jail.

Contents

Arbitrary Detention

Case against Sichuan Activist Liu Xianbin Transferred to Courts

Liaoning Professor Yu Xiaoyan Released Following Nearly One Month in Black Jail

Beijing Activist Zhou Li Released Following One Year in Detention

Jiangsu Petitioner Detained More than One Month in Beijing, Hometown

Freedom of Assembly

NGO Gathering in Beijing Park Disrupted, Police Seize Volunteers

Harassment of Activists

Beijing Activists Inquire Regarding Confiscated Personal Property

Ai Weiwei and Fellow Activists Assaulted in Chengdu for Attempting to Petition Regarding Previous Beating

Water Cut at Home of Beijing Activist Chen Tianshi

Forced Eviction and Demolition

Guangzhou City Villagers Allege Violence, Detentions in Forced Eviction

Citizens’ Actions

Beijing Court Rejects Lawsuit Filed by NGO Aizhixing against Party Central Propaganda Department

Arbitrary Detention

Case against Sichuan Activist Liu Xianbin Transferred to Courts

CHRD learned on August 13 that the Suining City Procuratorate has decided to prosecute Sichuan democracy activist and human rights defender Liu Xianbin (刘贤斌) for the crime of “inciting subversion of state power” and has transferred his case to the courts for trial. Liu’s lawyer Ma Xiaopeng (马小鹏) learned of the development on August 12 while handling some procedural matters associated with the case. According to Ma, Liu’s case was transferred “a few days ago” to the Suining City Intermediate People’s Court. Further details, including a possible trial date, are not currently available. Liu, who is being charged with “inciting subversion of state power” based on articles he wrote and posted online, was criminally detained on June 28 and formally arrested on July 5 of this year. He is currently being held in the Suining City Detention Center. (CHRD)^[i]

Liaoning Professor Yu Xiaoyan Released Following Nearly One Month in Black Jail

On August 11, CHRD learned that medical professor Yu Xiaoyan (于晓艳) was released on July 30 following 25 days of detention in a “legal education class,” a type of black jail. Yu, who teaches at Zhongshan College of Dalian Medical University in Dalian City, Liaoning Province, was taken to a facility in Luotaishan Village, Fushun City, Liaoning, where, she told CHRD, she was forced to listen to speeches that “insulted her religion” and told incessantly that she must give it up. Yu is the wife of Wang Yonghang (王永航), a former lawyer and outspoken advocate for the rights of Falun Gong practitioners who is serving a seven-year sentence for “using a cult to damage the implementation of the law” in November 2009 after being tortured in detention. (CHRD)^[ii]

Beijing Activist Zhou Li Released Following One Year in Detention

On August 11, Beijing human rights activist Zhou Li (周莉) was released following one year in detention for “creating a disturbance.” Zhou was convicted for “creating a disturbance” on May 4, 2010 and sentenced to one year in prison; she was taken into detention on August 12, 2009, and charged in relation to her participation in protests against Sun Dongdong (孙东东), the Beijing University professor who created an uproar in the activist community when he claimed that “99% of petitioners suffer from mental illness,” in March and April 2009. Her sentence was upheld by the Beijing Number Two Intermediate People’s Court following an appeal on July 6, 2010. (CHRD)^[iii]

Jiangsu Petitioner Detained More than One Month in Beijing, Hometown

Nantong City, Jiangsu Province petitioner Luan Chuyu (栾楚玉) told CHRD that she was detained in Majialou, a central black jail for petitioners in Beijing, between June 16 and June 18 after she was seized by police in the capital. Luan, one of the villagers in Nantong facing forced evictions, was then forcibly returned to Nantong, where she was detained illegally in a local black jail for one month. She was finally released after local officials pressured her family into signing an agreement consenting to the demolition of their home. (CHRD)^[iv]

Freedom of Assembly

NGO Gathering in Beijing Park Disrupted, Police Seize Volunteers

On the afternoon of August 10, a group of volunteers from the Beijing-based organization Yirenping including Yu Fangqiang (于方强), Chang Kun (常坤), and Jin Bianling (金变玲) held an anti-discrimination performance art activity in Huichengmen Park in Beijing. Their workshop was interrupted by a group of individuals who referred to themselves as “park management” workers, but who refused to produce any identification. The unidentified workers shut the park gates and refused to allow attendees of the workshop to leave, and when members of the group contacted the police to report their situation, officers arrived and seized a number of Yirenping volunteers. According to one volunteer contacted by CHRD, police claimed that the workshop was an “illegal gathering” and would have to be investigated. The volunteers were later released. (CHRD)^[v]

Harassment of Activists

Beijing Activists Inquire Regarding Confiscated Personal Property

On August 10, Beijing rights activist Li Xinai (李昕艾) and lawyer Li Xiongbing (黎雄兵) traveled to a reception office of the Beijing Public Security Bureau (PSB) to inquire after the return of personal items confiscated from Li Xinai and her husband, human rights defender Gu Chuan (古川) by police on April 9, 2010. Li Xinai and Li Xiongbing also sought accountability for the officers involved in that April raid, who refused to produce proper identification or state clearly why the property was being confiscated from Li and Gu. However, the officers at the reception office sent the two to the office of the disciplinary inspection commission, whose guards refused to allow Li Xinai and Li Xiongbing into the office or to accept the documents prepared; later that afternoon, Li Xinai and Tang Hongxiu (唐宏秀), the wife of Beijing human rights defender Wang Debang (王德邦), were finally able to submit their documents regarding confiscated materials at a third police station. Wang and Tang’s home was most recently raided on May 11, and similar to Li and Gu, their property has yet to be returned. (CHRD)^[vi]

Ai Weiwei and Fellow Activists Assaulted in Chengdu for Attempting to Petition Regarding Previous Beating

On the morning of August 11, a group including Beijing artist and activist Ai Weiwei (艾未未) and lawyer Li Fangping (李方平) traveled to the Sichuan Provincial Letters and Visits Bureau in Chengdu City to petition regarding violence they faced while trying to petition the previous day at Chengdu’s Jinniu District Public Security Bureau (PSB) office. On August 10, Ai and the group had attempted to file a report regarding his beating in August 2009, when he was attacked by police in Chengdu as he prepared to act as a witness during Tan Zuoren’s (谭作人) trial for “inciting subversion of state power.” According to the group, on August 10, they were chased, pushed and shoved by 5 or 6 plainclothes officers outside of the Jinniu District PSB offices, and uniformed officers who arrived on the scene refused to intervene. As of the time of writing, Ai and the group had been unable to receive a response from officials at the Provincial Letters and Visits Office regarding their petitions. (CHRD)^[vii]

Water Cut at Home of Beijing Activist Chen Tianshi

According to activist Chen Tianshi (陈天石), the water has been cut off at his family’s home in Beijing’s Shunyi District for close to two days. Chen believes that the water was cut by his downstairs neighbor in an attempt to force the family out of their home; when he reported the outage to the police on August 11, the officer who arrived at his apartment responded not by investigating the problem but by telling Chen and his family to move. Chen, a student leader in the 1989 pro-democracy movement and a Christian activist, has been pressured into moving on a number of occasions by landlords and local police. (CHRD)^[viii]

Forced Eviction and Demolition

Guangzhou City Villagers Allege Violence, Detentions in Forced Eviction

Before dawn on August 13, more than 5000 square meters of property belonging to Xian Village in Guangzhou City, Guangdong Province was forcibly demolished as part of engineering projects being undertaken in preparation for the 2010 Asian Games. According to Xian villagers, officials from the Bureau of Land and Resources, City Administration and Law Enforcement Bureau, and Public Security Bureau were on hand during the forced eviction; so were many unidentified persons armed with steel rods and other weapons. These unidentified individuals reportedly attacked a number of villagers, though the precise number of injured is not known. At least 10 villagers were reportedly seized by police for “violently resisting” the eviction. Villagers told CHRD that they suspected local businessmen and government officials had colluded to approve the demolition in May of this year without the knowledge or approval of the villagers, and that funds for compensation which should have been paid to villagers were instead given to the businessmen. (CHRD)^[ix]

Citizens’ Actions

Beijing Court Rejects Lawsuit Filed by NGO Aizhixing against Party Central Propaganda Department

On August 10, Beijing NGO Aizhixing received a notice from Beijing’s Number One Intermediate People’s Court stating that the court would not accept the administrative litigation lawsuit Aizhixing attempted to file on July 29 against the Party Central Propaganda Department. According to the notice, the lawsuit was “not within the scope” of cases which the court could accept. When Aizhixing staff went to file the lawsuit on July 28, court officials told them that the court does not have the power to handle such cases as administrative litigation lawsuits only allow citizens to sue government departments, but not the Party organs.

Aizhixing decided to sue the Party Central Propaganda Department after officials there failed to respond to a request made by Aizhixing in March 2010 that the department investigate and report on media outlets which Aizhixing believed to be violating regulations regarding reporting on AIDS. The media outlets in question had issued reports which portrayed the possession of condoms as evidence of prostitution. (CHRD)^[x]

Editors: David Smalls and Lin Sang

News updates from CHRD

Annual Report on the Situation of Human Rights Defenders in China (2009)

[ii] “Liaoning Associate Professor Yu Xiaoyan Released Following Close to a Month in ‘Legal Education Class’ Detention” (辽宁于晓艳副教授被关“法教班”近一月后获释), August 11, 2010, http://news.boxun.com/news/gb/china/2010/08/201008111000.shtml

[iii] “Beijing Activist Zhou Li Has No Fixed Address Following Release” (北京维权人士周莉出狱后居无定所), August 11, 2010, http://news.boxun.com/news/gb/china/2010/08/201008111836.shtml

[iv] “Luan Chuyu, of Nantong, Detained in Black Jail for Petitioning in Beijing” (南通栾楚玉赴京上访被关黑监狱), August 10, 2010, http://news.boxun.com/news/gb/china/2010/08/201008100009.shtml

[v] “Yirenping Volunteers Hold Anti-Discrimination Demonstration, Are Taken Away by Police” (益仁平志愿者举行反歧视表演被警方带走), August 10, 2010, http://news.boxun.com/news/gb/china/2010/08/201008101602.shtml

[vi] “Human Rights Activist Li Xinai’s Fruitless Request for Return of Confiscated Personal Property” (维权人士李昕艾索要被扣押私人财物的无果过程(图)), August 10, 2010, http://news.boxun.com/news/gb/china/2010/08/201008101743.shtml

[vii] “Artist Ai Weiwei Petitions After Being Beaten Again in Chengdu” (艺术家艾未未成都再次被打后信访), August 11, 2010, http://news.boxun.com/news/gb/china/2010/08/201008111713.shtml

[viii] “Water Cut Off at Christian Activist Chen Tianshi’s Home to Force Family to Move” (基督徒维权人士陈天石租住房被断水逼搬), August 12, 2010, http://news.boxun.com/news/gb/china/2010/08/201008121508.shtml

[ix] “Xian Village in Guangzhou Forcibly Demolished Ahead of Asian Games’ Arrival” (广州亚运到来前被强拆的冼村(图)), August 15, 2010, http://www.peacehall.com/news/gb/china/2010/08/201008151156.shtml

[x] “Aizhixing Sues Party Central Propaganda Department; Beijing Court Refuses to Accept Case” (爱知行起诉中宣部 北京法院拒绝立案(图)), August 16, 2010, http://www.peacehall.com/news/gb/china/2010/08/201008161709.shtml

August 3-9, 2010

To download this week’s CHRB as a .pdf file, please click here

Highlights

• Liu Xianbin Case on Verge of Transfer to Courts: CHRD learned this week from lawyer Ma Xiaopeng (马小鹏) that the “inciting subversion of state power” case against Sichuan Province democracy activist and human rights defender Liu Xianbin (刘贤斌) may be transferred to the courts “within the week.” This news confirms speculation by fellow Sichuan activists that the procuratorate would move quickly to prosecute Liu, who was formally arrested on July 5 and charged with “inciting subversion of state power” based on articles he had written and published on websites hosted overseas.
• CHRD Calls on Supreme People’s Court to Overturn Death Sentence Against Torture Victim: This week, CHRD released a statement urging the Supreme People’s Court (SPC) to consider evidence of torture in the case against alleged Chongqing gangster Fan Qihang (樊奇杭) and overturn his conviction. Fan, whose death sentence is currently up for review by the SPC, was allegedly subjected to months of torture while in police detention in Chongqing. His lawyer, Zhu Mingyong (朱明勇), recently released secret recordings he created during their meetings in which Fan describes the abuse he suffered as interrogators sought to extract a confession from him.

Table of Contents

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Arbitrary Detention

Case Against Liu Xianbin to be Transferred to Courts “Within the Week”

Hebei Reporter and Activist Xu Yishun Challenges RTL Decision in Administrative Litigation Suit

Lawyers Visit Imprisoned Activist Guo Feixiong, Learn of Plans to Seek a Review of Judgment

Freedom of Association

Police in Beijing Summon Lawyer and Activist for Questioning Regarding Proposed Lawyers Group

Citizens’ Actions

China’s Highest Court Must Overturn Death Sentence Based on Confession Extracted by Torture

CHRD Issues “Appraisal and Suggestions Regarding Two Regulations on Illegal Collection of Evidence”

Law and Policy Watch

Arrest Warrants for Defamation to Require Approval of Higher-Level Procuratorate

Arbitrary Detention

Case Against Liu Xianbin to be Transferred to Courts “Within the Week”

On the morning of August 9, Chengdu lawyer Ma Xiaopeng (马小鹏) contacted Suining City Procuratorate department chief Li Hongzhi (李虹志) to enquire about the status of his client Liu Xianbin’s (刘贤斌) case. Li informed lawyer Ma that the investigation into the “inciting subversion of state power” charge against Liu was “basically complete,” and that the case would be sent to the court “within this week.” This news confirms speculation by fellow Sichuan activists that the procuratorate would move quickly to prosecute Liu’s case. Liu was criminally detained on June 28 and formally arrested on suspicion of “inciting subversion of state power” on July 5. He is currently being held in the Suining City Detention Center. (CHRD)^[i]

Hebei Reporter and Activist Xu Yishun Challenges RTL Decision in Administrative Litigation Suit

On August 6, the Xinshi District Court administrative tribunal held a court session in Baoding City, Hebei Province’s Gaoyang Re-education through Labor (RTL) Camp to hear an administrative litigation lawsuit brought by reporter and activist Xu Yishun (徐义顺, pen name Kong Fanzhong [孔繁重]). Xu’s suit challenged the Baoding City RTL Management Committee’s May 25, 2010, decision to send him to one and a half years of RTL for “fraud;” according to Xu’s lawyer, Liu Peifu (刘培福), the allegation of “fraud” has “no factual basis.” The hearing ended without a verdict being issued. Xu’s relative Liu Nanping (刘南平), who attended the hearing, reported that Xu’s health appeared “much worse” than the last time she saw him. Liu believes that Xu’s heart disease has worsened since his detention began, and that he is still suffering the effects of a beating by fellow detainees earlier this year which left him with ear injuries and hearing damage. It is believed that Xu’s detention has come in retaliation for his activism, which includes taking a trip in late April 2010 to visit Yuan Weijing (袁伟静), the wife of imprisoned Shandong human rights defender Chen Guangcheng (陈光诚). (CHRD)^[ii]

Lawyers Visit Imprisoned Activist Guo Feixiong, Learn of Plans to Seek a Review of Judgment

On July 8, lawyers Li Baiguang (李柏光) and Liu Peifu (刘培福) were able to meet with imprisoned activist Guo Feixiong (郭飞雄, real name Yang Maodong [杨茂东]) in Guangdong Province’s Meizhou Prison. During the 45-minute meeting, Guo presented the lawyers with a copy of a document he had drafted stating his reasons for seeking a review of the judgment, which recounts the torture to which he was subjected during the investigation of his case. Guo also told the lawyers that he had not appealed his conviction for “operating an illegal business” in 2007 because he thought the judgment so absurd that there was no use in challenging it. According to the lawyers, Guo appeared to be in reasonable health. (CHRD)^[iii]

Freedom of Association

Police in Beijing Summon Lawyer and Activist for Questioning Regarding Proposed Lawyers Group

On the afternoon of August 5, officers from the National Security Unit of the Beijing Public Security Bureau separately summoned human rights lawyer Yang Huiwen (杨慧文) and human rights activist Zhao Changqing (赵常青). Yang and Zhao were reportedly questioned primarily about plans to organize a group of lawyers dedicated to defending the rights of petitioners. Officers also confiscated a copy of Charter 08, three personal notebooks, and a copy of the book Remembering Lin Zhao from Zhao Changqing’s home. Other Beijing activists, including Bai Dongping (白东平) and Hu Shigen (胡石根), were previously summoned and questioned regarding the lawyers group. (CHRD)^[iv]

Citizens’ Actions

China’s Highest Court Must Overturn Death Sentence Based on Confession Extracted by Torture

On August 3, CHRD issued a statement regarding the death sentence against Fan Qihang (樊奇杭), which is currently being reviewed by the Supreme People’s Court. Based on secret recordings produced by his lawyer Zhu Mingyong (朱明勇), which Zhu made public last week, CHRD believes that Fan was subjected to months of torture at the hands of police in Chongqing. CHRD urges the Supreme People’s Court to overturn the death sentence against Fan, which was handed down solely on the basis of a confession extracted through torture. For the full statement (in English), please click here.

CHRD Issues “Appraisal and Suggestions Regarding Two Regulations on Illegal Collection of Evidence”

On August 4, CHRD issued a public letter addressed to the Supreme People’s Court, the Supreme People’s Procuratorate, the Ministry of Public Security, the Ministry of State Security, and the Ministry of Justice regarding two regulations issued on May 30, 2010- one regulation outlining principles and rules for assessing evidence used in cases involving the death penalty, and the other regarding the exclusion of evidence obtained through illegal methods from criminal trials. The letter outlines a number of concerns with the regulations, particularly with the regulations regarding the exclusion of evidence obtained through illegal methods, and offers concrete proposals for reforming various aspects of the Chinese legal system to better defend the rights of citizens, and protect individuals from torture. For the full text (in Chinese), please click here.

Law and Policy Watch

Arrest Warrants for Defamation to Require Approval of Higher-Level Procuratorate

According to notice released on August 7 by the Supreme People’s Procuratorate, local prosecutors will have to obtain approval from a higher-level procuratorate before issuing arrest warrants in defamation cases. Saying “[w]e should accurately define the limit between defamation and non-defamation cases and should not consider criticism, accusation or even radical speeches and behaviors to individual officials as defamation,” the Supreme People’s Procuratorate issued its notice shortly after the highly-publicized case of reporter Qiu Ziming, who was put on a national most-wanted list before having the arrest warrant against him for defamation cancelled. (People’s Daily)^[v]

Local officials have long used defamation charges to retaliate against individuals for exposing local corruption and rights violations, or for simply calling for investigation into government actions. In one of the most widely-followed defamation cases in recent years, three Fujian netizens- Fan Yanqiong (范燕琼), Wu Huaying (吴华英), and You Jingyou (游精佑)- were convicted of “slander”  and sentenced to two, one, and one years in prison, respectively, for posting articles and video online urging government officials to investigate the alleged rape and murder of a young woman. While the requirement that local officials obtain clearance from higher officials demonstrates that the central government is aware of the abuse of this charge by local officials, this new requirement will unlikely to be effective unless the Chinese government takes concrete actions to overhaul its legal and political system to better protect citizens’ right to freedom of expression.

Editors: David Smalls and Lin Sang

News updates from CHRD

Annual Report on the Situation of Human Rights Defenders in China (2009)

[ii] “Hebei activist Xu Yishen’s Administrative Litigation Lawsuit Regarding RTL Heard” (河北维权人士徐义顺劳教行政诉讼案开庭), August 6, 2010, http://news.boxun.com/news/gb/china/2010/08/201008061438.shtml

[iii] “Lawyer Li Baiguang Meets With Guo Feixiong in Guangdong’s Meizhou Prison” (李柏光律师在广东梅州监狱会见郭飞雄), July 30, 2010, http://news.boxun.com/news/gb/china/2010/07/201007301256.shtml

[iv] “Breaking News: Human Rights Lawyer Yang Huiwen Summoned by Beijing Police” (快讯：维权律师杨慧文被北京市局传唤), August 5, 2010, http://www.peacehall.com/news/gb/china/2010/08/201008051925.shtml; “Situation Regarding Human Rights Activist Zhao Changqing’s Summons” (维权人士赵常青被传唤情况), August 7, 2010, http://www.peacehall.com/news/gb/china/2010/08/201008071607.shtml

[v] People’s Daily, “More hoops for defamation charges,” August 9, 2010, http://english.peopledaily.com.cn/90001/90776/90882/7097805.html

July 27- August 2, 2010

To download this week’s CHRB as a .pdf file, please click here

Highlights

• Authorities Move Forward with “Inciting Subversion” Case against Democracy Activist Liu Xianbin: In the past week, CHRD learned that the case against Sichuan democracy activist Liu Xianbin (刘贤斌) had been transferred to the Suining City Procuratorate. Also this past week, lawyer Ma Xiaopeng (马小鹏) received a copy of the Suining City Public Security Bureau’s written recommendation for prosecution against Liu, which focuses on articles he wrote and published on websites including Humanity and Human Rights (人与人权), Beijing Spring (北京之春), and Democratic China (民主中国), as well as manuscripts of articles Liu planned to publish. The recommendation calls for a “severe punishment.”
• Beijing’s Transition Institute Latest Target of Police Pressure: Earlier this week, National Security officials in Beijing contacted the Transition Institute, a public policy think tank, and demanded that they cancel all public seminars and forums. Officers, whose only explanation for their action was that orders came from “above,” warned the Transition Institute that it could be banned for failure to comply. The police warning comes days after some university students revealed that school authorities issued notices warning them against attending events organized by the Transition Institute.

Contents

Arbitrary Detention

• “Inciting Subversion” Case against Democracy Activist Liu Xianbin Transferred to Procuratorate
• Shandong Activist Granted First Visit in More than One Year of RTL
• Hunan Petitioners Held in Beijing Black Jail

Freedom of Expression

• Lawyer Receives Written Recommendation for Prosecuting Liu Xianbin on “Inciting Subversion” Charge
• Zhejiang Police Add Reporter to “Wanted” List Following Article on Local Company
• Nanjing Netizen Detained for Posting on Chemical Factory Explosion

Freedom of Assembly

• Police Call Guangzhou Protestors in for “Chats,” One Reportedly Detained after Pro-Cantonese Action

Freedom of Association

• Police Pressure Transition Institute to Stop its Seminars and Forums

Harassment of Activists

• Police Summon, Search Home of Shanghai Activist Feng Zhenghu to Prevent Courthouse Protest
• Beijing Scholar Mo Zhixu Prevented from Leaving China

Law and Policy Watch

• Ministry of Public Security Issues Notice Banning Public Parading of Prostitutes

Arbitrary Detention

“Inciting Subversion” Case against Democracy Activist Liu Xianbin Transferred to Procuratorate

CHRD learned on July 27 that the case against Sichuan democracy activist Liu Xianbin (刘贤斌) was transferred to the Suining City Procuratorate on July 21. Given the speed with which Liu’s case was transferred from the Public Security Bureau to the Suining Procuratorate, as well as the increasingly vocal support for Liu in the domestic activist community, many believe that the procuratorate will move quickly to try Liu. Liu was criminally detained on June 28 and formally arrested on suspicion of “inciting subversion of state power” on July 5. He is currently being held in the Suining City Detention Center. (CHRD)^[i]

Shandong Activist Granted First Visit in More than One Year of RTL

On August 2, Shandong rights activist Zhang Jinfeng (张金凤) was allowed to meet with her lawyer Liu Peifu (刘培福) for the first time since she was sent to the Shandong Province Number One Women’s Re-education through Labor (RTL) Camp in March 2009. Zhang told Liu that she has not been granted visits from family or friends in the more than one year she has been detained in the RTL camp. Zhang was sent to RTL for participating in an “illegal assembly” and “disturbing social order” after being detained while taking part in a protest with victims of the Shandong Jizheng Healthcare Products Company pyramid scheme in Shandong’s Jinan City on March 5, 2009. Courts in Jinan have refused to accept her administrative litigation lawsuit challenging the decision to send her to RTL. (CHRD)^[ii]

Hunan Petitioners Held in Beijing Black Jail

CHRD learned on August 2 that a group of more than 10 petitioners from Hunan Province were seized in Beijing on July 30 and have been detained in a black jail operated by the Beijing Liaison Office of the Chenzhou government. One petitioner in contact with CHRD reported that conditions in the black jail, which is located in Beijing’s Fengtai District, were “difficult to bear;” the petitioners were not being provided with adequate food, were forced to sit and sleep on the floor, and were being held together in a hot and cramped room. The group of detainees includes three handicapped petitioners and one 75 year-old petitioner. (CHRD)^[iii]

Freedom of Expression

Lawyer Receives Written Recommendation for Prosecuting Liu Xianbin on “Inciting Subversion” Charge

On July 28, lawyer Ma Xiaopeng (马小鹏) met with detained Sichuan democracy activist Liu Xianbin (刘贤斌) and received a copy of the Suining City Public Security Bureau’s written recommendation for prosecution against Liu for the crime of “inciting subversion of state power.” In the recommendation, Liu’s human rights activities- including his participation in human rights seminars and his support for Chen Yunfei (陈云飞) and other activists- are not mentioned as a cause for police action. Rather, the authorities focused on articles written by Liu and published on websites including Humanity and Human Rights (人与人权), Beijing Spring (北京之春), and Democratic China (民主中国), as well as manuscripts of articles Liu planned to publish. The recommendation labels Liu “a recidivist” (Liu was sentenced to 13 years in prison for “subversion of state power” in 1999, and served 10 of those 13 years), and calls for a “severe punishment.” According to the recommendation, police began investigating Liu’s actions on December 26, 2008—before those articles mentioned above were published and less than two months after he was released from prison. (CHRD)^[iv]

Zhejiang Police Add Reporter to “Wanted” List Following Article on Local Company

CHRD learned on July 28 that Qiu Ziming (仇子明), reporter for the Economic Observer weekly newspaper, has been added to a national online database of wanted criminals by police in Suichang County, Lishui City, Zhejiang Province. Police are seeking Qiu’s arrest on charges of “damaging a company’s business reputation.” Reportedly, the police search for Qiu is being undertaken in response to articles Qiu wrote for the Economic Observer revealing fraudulent dealings of the Suichang-based Kan Specialties Material Co. The paper has released a statement in defense of Qiu; it is available (in English) here. (Economic Observer)^[v]

Nanjing Netizen Detained for Posting on Chemical Factory Explosion

On July 29, Nanjing City, Jiangsu Province netizen Huang Yiyu (黄轶愚) was detained for an online post regarding an explosion at a Nanjing chemical factory. The explosion, which took place on July 28, killed at least a dozen workers and injured hundreds, according to state media reports; Huang’s post, entitled “News from the Secret Information Office: Nanjing Chemical Factory Explosion Kills 259 People,” claimed that the number of fatalities from the blast was far higher. Huang was believed to have been released on August 2. Reportedly, local officials have taken extreme measures to prevent citizens from reporting on the incident, including dispatching armed police to search the homes of nearby residents with the aim of deleting any images or video of the scene. (CHRD)^[vi]

Freedom of Assembly

Police Call Guangzhou Protestors in for “Chats,” One Reportedly Detained after Pro-Cantonese Action

Following a July 25 protest in which an estimated 10,000 Guangzhou residents gathered to demonstrate against a government proposal that Guangzhou Television switch from Cantonese to Mandarin broadcasts, police in Guangzhou City, Guangdong Province have begun calling protestors in for “chats.” Individuals contacted by police have been warned not to take part in a second demonstration, planned for August 1 at Guangzhou’s People’s Park. Reportedly, at least one organizer of the July 25 demonstration has been administratively detained for five days for “spreading rumors.” The massive public turnout on July 25 was part of a larger movement, which is being called “I Love Guangzhou, Support Cantonese.” The movement, which began with peaceful flash protests by bands of young people singing Cantonese pop songs, is seen as an important landmark in the rise of civil consciousness in the more progressive southern city of Guangzhou. (CHRD) ^[vii]

Freedom of Association

Police Pressure Transition Institute to Stop its Seminars and Forums

CHRD learned on July 29 that National Security officials in Beijing have told the Transition Institute to stop all its seminars and forums, warning the public policy think tank that it could be banned for failure to do so. The officers declined to give a reason for the request, stating merely that they had received orders from “above.” The Transition Institute frequently holds discussion forums on political, social and economic issues on university campuses such as the Peking University and Qinghua University. In recent days, university students had posted online messages stating that university authorities had issued orders warning them against attending the Institute’s events. (CHRD)

Harassment of Activists

Police Summon, Search Home of Shanghai Activist Feng Zhenghu to Prevent Courthouse Protest

On the morning of August 3, Shanghai rights activist Feng Zhenghu (冯正虎) was taken from his home by police, some of whom remained to search his apartment. Officers seized two computers, two cell phones, and two t-shirts designed by Feng which bore the slogan “I Want My Cases Placed on File” (我要立案). Feng was interrogated and held at the Wujiaochang police station for 14 hours before being allowed to return home. Feng had previously posted an article online entitled “I Want My Cases Placed on File” in which he declared he would sit in the case filing office of a Shanghai courthouse, wearing his t-shirt, on the morning of August 3 to wait until the court places his cases on file to protest Chinese courts’ frequent refusals to accept lawsuits filed by citizens; police apparently sought to prevent him from doing so. It is not known what, if any, of Feng’s belongings have been returned to him. (CHRD)^[viii]

Beijing Scholar Mo Zhixu Prevented from Leaving China

On the afternoon of August 3, Beijing scholar Mo Zhixu (莫之许, also known as Zhao Hui [赵晖]) was prevented from boarding a plane bound for Hokkaido, Japan at Xiamen airport by border officials. Mo had planned to meet with classmates and sightsee while in Japan. According to Mo, officials in Xiamen informed him that the Beijing Public Security Bureau had ordered them to bar Mo from leaving based on article eight of China’s Law of the PRC on the Control of the Exit and Entry of Citizens, which states that individuals who may “endanger national security or incur great losses to national interests” while abroad shall not be allowed to exit the country. However, the Xiamen officials refused to provide Mo with a formal written explanation to the same effect. (CHRD)^[ix]

Law and Policy Watch

Ministry of Public Security Issues Notice Banning Public Parading of Prostitutes

On July 26, Chinese state media announced that the Ministry of Public Security had issued a notice banning the parading of suspected prostitutes and solicitors of prostitution in public. Any police officials conducting these “perp walks” in the future would be subject to criticism and would be held accountable for their actions, the notice stated. (Dahe News)^[x]

The practice of publicly parading criminals and suspects was the subject of a notice issued in June 1988 by the Ministry of Public Security and other Law Enforcement Organs, which similarly prohibited the practice; according to a Dui Hua commentary published this past week, “perp walks” were first prohibited in 1984.^[xi] Punishments for law enforcement officials are nearly identical between the 2010 notice and the 1988 notice, leading CHRD to question whether this new initiative will have any effect on limiting this practice. The parading of suspects, regardless of their crime, is a violation of their privacy, and the practice damages the development of rule of law, as it undermines the idea that criminal suspects are innocent until proven guilty by a court of law.

Editors: David Smalls and Lin Sang

News updates from CHRD

Annual Report on the Situation of Human Rights Defenders in China (2009)

[ii] “Sealed Re-education through Labor: Zhang Jinfeng Finally Meets with Lawyer After One Year” (封闭式劳教：张金凤一年后才见到律师), August 3, 2010, http://news.boxun.com/news/gb/china/2010/08/201008031551.shtml

[iii] “Many Petitioners from Hunan Illegally Detained in Beijing Black Jail” (湖南数名访民被非法关押在北京黑监狱), August 2, 2010, http://news.boxun.com/news/gb/china/2010/08/201008021233.shtml

[iv] “Liu Xianbin Prosecution Proposal Shows Evidence of Long-Planned Political Persecution” (刘贤斌起诉意见书显示早已预谋的政治迫害证据), July 28, 2010, http://news.boxun.com/news/gb/china/2010/07/201007281921.shtml

[v] “Economic Observer Issues Statement after Its Journalist is Put on a Wanted List for Reporting (经济观察报就记者因采写报道被通缉发表声明),” July 28, 2010, http://news.boxun.com/news/gb/china/2010/07/201007281542.shtml

[vi] “Huang Yiyu Detained for Posting on Deadly Nanjing Explosion” (黄轶愚因发布南京爆炸死亡人数被拘留), July 31, 2010, http://www.peacehall.com/news/gb/china/2010/07/201007311916.shtml

[vii] “Many Guangzhou Citizens Called for Talks by Police for Participating in ‘I Love Guangzhou’ Demonstrations” (广州多位市民因参与“我爱广州”公民行动被警方约谈), July 29, 2010, http://news.boxun.com/news/gb/china/2010/07/201007292325.shtml

[viii] “Shanghai Rights Activist Feng Zhenghu Summoned for 14 Hours” (上海维权人士冯正虎被传唤14小时后回家(图)), August 3, 2010, http://news.boxun.com/news/gb/china/2010/08/201008032238.shtml

[ix] “Noted Scholar Mo Zhixu Prevented from Leaving the Country by Beijing Public Security Bureau” (著名学者莫之许被北京公安局阻止出境), August 3, 2010, http://news.boxun.com/news/gb/china/2010/08/201008031533.shtml

[x] “Ministry of Public Security Strictly Prohibitys Public Parading of Prositutes, Solicitors of Prostitution” (公安部严禁对卖淫嫖娼人员游街示众), July 26, 2010, http://news.163.com/10/0726/04/6CG9F02Q0001124J.html

[xi] Dui Hua Foundation, “Translation: ‘Perp Walks’ for Petty Thieves Should Cease,” July 29, 2010, http://www.duihuahrjournal.org/2010/07/translation-perp-walks-for-petty.html

“If Chinese officials wish to demonstrate that the new rules barring the use of evidence obtained through torture in criminal trials amount to more than empty words, this case is a critical test,” said Renee Xia, CHRD’s International Director. “Judging from the evidence which Zhu Mingyong bravely provided, Fan Qihang’s case is a textbook example of the type of abuse which these new guidelines are designed to address.”^[1]

In February 2010, Fan Qihang was convicted of “organizing, leading and participating in triads,” murder, and other charges and sentenced to death. He was originally taken into custody on June 26, 2009 as part of a sweeping crackdown on organized crime orchestrated by Chongqing Party secretary Bo Xilai (薄熙来). However, instead of being held at a detention center during the police investigation, Fan was taken to an unofficial facility run by the police in Tieshanping, located on a mountainside in the suburbs of Chongqing.

According to Fan, during the nearly five or six months he was held at Tieshanping, he was subjected to numerous forms of torture. Chongqing police shackled his hands behind his back and hung him by his wrists from an iron window grille for as long as five days and five nights at a time, with the handcuffs cutting deeply into his wrists. Police also forced him to stand in a bent position, with his hands cuffed behind his back and then attached to his leg irons, for as long as 10 days at a time. During this period of torture, Fan attempted to kill himself by biting his tongue and twice hitting his head against a wall. He sustained injuries to his head which required hospitalization.

Fan states that police either deprived him of sleep or disrupted his sleep for the duration of his detention at Tieshanping. According to Fan, at a certain point he became completely disoriented, and lost the ability to recognize people or determine where he was. He was also beaten and kicked frequently.

It was under the extreme duress resulting from these forms of torture that Fan was forced to “confess” to having incited others to the murder of Li Minghang (李明航), an alleged drug dealer, as well as to other crimes attributed to him.

Lawyer Zhu gained access to his client only after he had been transferred from Tieshanping to a regular detention centre, at a point when the case no longer fell under the responsibility of the police. It was then that Zhu made video recordings of Fan’s accounts of his torture, and collected photographic evidence of the scars left as a result.

According to Zhu, during their trials Fan and many of his 33 co-defendants repeatedly complained that they were tortured. However, the judges presiding over the trials failed to investigate these allegations or exclude statements extracted through torture from the proceedings. In mid-July, Zhu submitted the secret recordings and pictures documenting Fan’s torture to the Supreme People’s Court, but has yet to receive any response.

CHRD urges the Supreme People’s Court to overturn the death penalty against Fan Qihang. We believe that Fan’s lawyer has provided enough evidence to substantiate the allegation that Fan has been subjected to torture, which violates Chinese law as well as the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, which China ratified in 1988, and that his conviction is based on a confession extracted through torture. CHRD calls on the government to implement its newly-released Rules Concerning Questions about Exclusion of Illegal Evidence in Handling Criminal Cases, which state that evidence obtained through illegal means such as torture must be excluded from criminal proceedings.

CHRD calls on the Chinese government to hold the individuals responsible for torturing Fan Qihang legally accountable for their actions. Furthermore, we continue to demand that the Chinese government take concrete steps to address the widespread problem of torture in detention facilities and act to ensure the safety of all individuals taken into police custody.

CHRD calls on the UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, the Committee against Torture, as well as the EU, US, and other governments to take urgent action regarding Fan Qihang’s case. If the Chinese Supreme People’s Court fails to overturn the death sentence, Fan’s execution could take place immediately.

Background

As part of Chongqing Party secretary Bo Xilai’s crackdown on organized crime in the municipality, Fan was put on trial for triad-related crimes as part of a 34-person group. The trials attracted national attention not only because the Chongqing crackdown was one of the most high-profile anti-organized crime actions in China in recent years, but also because of the many irregularities associated with the trials. Many of Fan’s co-defendants, including alleged gang boss Gong Gangmo (龚刚模), stated that they were tortured during interrogation by police officers. Gong later accused his lawyer, Li Zhuang (李庄), of instructing him to lie in court that he was tortured. Li was later found guilty of “fabricating evidence and obstructing testimony” and sentenced him to two years and six months in prison on January 8, 2010.

Media Contacts

Renee Xia, International Director (English and Mandarin), +852 8191 6937 or +1 301 547 9286

Wang Songlian, Research Coordinator (English and Mandarin), +852 8191 1660

For more information and background, please see:

He Yang, “Interview with Lawyer Zhu Mingyong: Cracking down on Triads (朱明勇律师专访—黑打),” July 29, 2010, http://www.vimeo.com/13706954

Zhu Mingyong, “Defending Fan Qihang during Review of His Death Penalty: Multimedia Material (樊奇杭死刑复核辩护多媒体材料),” July 29, 2010, Part I: http://www.vimeo.com/13707455; Part II: http://www.vimeo.com/13707741 and Part III: http://www.vimeo.com/13708031

CHRD, “Persistent Torture, Unaccountable Torturers: A Report on China’s Implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,” November 5, 2008.

_________________________________________________________________________________________

“Respect Freedom of Expression, Release Xinjiang Journalist Hailaite Niyazi”

We have learned that 51-year old Uyghur journalist and author Hailaite Niyazi (whose name also appears as Hairat or Gheyret Niyaz or Niyaze) was recently sentenced to 15 years in prison by the Urumqi Intermediate Court in Xinjiang Uyghur Autonomous Region (XUAR) for “leaking state secrets.” Born in Qoqek (Tacheng), XUAR, Niyazi graduated from the Minzu University of China in Beijing and has previously held the positions of Chief Editorial Director of Xinjiang Legal Daily and Deputy Director of the Perspectives on the Rule of Law (Fazhi Zongheng) magazine publishing house.  A former editor and director of the website Uighurbiz.net, as well as manager of the site’s discussion forum, for a long time Niyazi has written online essays in Chinese, gradually building a wide following among China’s netizens.

Niyazi combined his personal experiences facing problems affecting the Uyghur community with systematic research. According to an Asia Weekly report, Niyazi carefully tracked Uyghur netizen reactions to the 2009 Shaoguan incident in Guangdong Province and came to the conclusion that a major incident was likely to take place on July 5, 2009. Around eight o’clock on the evening of July 4, Niyazi contacted government officials to warn them of his findings; the next morning, at 10 am, he personally met with top officials of the XUAR to offer three specific recommendations. However, officials did not act on his recommendations. Niyazi believed that the July incident’s causes could be traced to dissatisfaction with bilingual education initiatives in Xinjiang and government-organized efforts to send Uyghurs to other provinces to work as industrial laborers. Niyazi expressed the above opinions in media interviews, and soon thereafter published an article regarding the September 3rd incident [a demonstration by Han Chinese in Urumqi demanding the removal of Xinjiang Autonomous Region Chief Wang Lequan for mishandling the July 5 violence]. His articles pointed out that Uyghurs have not received tangible economic benefits despite living in a resource-rich region, and have been gradually marginalized and pushed into poverty. Furthermore, as the Xinjiang government has expanded anti-terrorism policies and anti-splittist ideological campaign in the past 20 years and set up checkpoints around the XUAR, Uyghurs in many areas have been subjected to dehumanizing searches and inspections which have heightened anxieties in the Uyghur community and aggravated ethnic conflict.

Niyazi is a Uyghur intellectual who upholds the spirit of independence, and who for a long time has been greatly concerned about the fate of China and its ethnic minorities, as well as with problems affecting citizens’ civil rights and livelihood. He promoted increasing mutual understanding between Uyghurs and Han and his views about politics and culture are moderate and rational, to the point that some believed he was sympathetic to the regime. This kind of intellectual is extremely important in advancing communication and reconciliation between ethnic groups. The groundless charges brought against Niyazi, and the severe sentence he has received, are bound to foment extremist thoughts and actions and deepen ethnic tensions. Chinese citizens of all ethnicities, including Han and Uyghur, are affected negatively by this sentence.

Additionally, we have learned that more Uyghur website managers and journalists have been arrested or imprisoned for expressing their opinions. We are deeply troubled by this news. We believe that the thoughts and opinions of every person, regardless of their background, ethnicity, or beliefs, deserve full and equal respect. We believe that charging Niyazi and others with speech crimes violates the constitutional promise that “the state respects and guarantees human rights,” contradicts explicit constitutional protections for citizens’ freedom of speech, and runs counter to provisions in the Universal Declaration of Human Rights and other international human rights treaties which China has signed. We hope that the relevant authorities are able to respect the rule of law, and wisely and courageously act to ensure citizens are guaranteed their freedom and dignity. This will form a solid foundation for the easing of ethnic tensions, safeguarding of social peace, and unity of the country.

Signatories:

Wang Lixiong (Beijing, scholar)

Mao Yushi (Beijing, scholar)

Cui Weiping (Beijing, scholar)

Ilham Tohti (Beijing, scholar)

Woeser (Tibetan, writer)

Xu Youyu (Beijing, scholar)

Ai Xiaoming (Guangzhou, scholar)

Du Guang (Beijing, scholar)

Hao Jian (Beijing, scholar)

Guo Yuhua (Beijing, scholar)

Xia Yeliang (Beijing, scholar)

Zhang Lifan (Beijing, scholar)

Li Datong (Beijing, scholar)

Liao Yiwu (Chengdu, writer)

Zhang Zanning (Nanjing, scholar)

Zhou Feng (Beijing, scholar)

Zhu Yi (Beijing, scholar)

Fan Yafeng (Beijing, scholar)

Ma Bo (Beijing, writer)

Yu Meisun (Beijing, scholar)

Guo Yushan (Beijing, scholar)

Huang Zhong (Beijing, scholar)

Teng Biao (Beijing, scholar)

July 30, 2010

July 20-26, 2010

To download this week’s CHRB as a .pdf file, please click here

Highlights

• Uyghur Journalist Hailaite Niyazi Sentenced to 15 Years in Prison: On July 23, a court in Urumqi, Xinjiang Uyghur Autonomous Region sentenced journalist Hailaite Niyazi to 15 years in prison for endangering state security (CHRD has not yet learned which specific “endangering state security” crime he was convicted of). The verdict was apparently based on an interview he gave to Hong Kong media following the violence in Xinjiang during July of last year. Niyazi, who has been in detention since October 1, 2009, was reportedly tried without a lawyer present.
• CHRD’s Chinese-Language Website Shut Down for More than One Week by Attack: Except for a few brief hours over the weekend, CHRD’s Chinese-language website (http://www.crd-net.org) has been out of service since July 19 as a result of the latest DDOS attack against the site. This the second-longest DDOS attack directed at CHRD’s site this year: an attack in March rendered the site inaccessible for 15 days.

Contents

Freedom of Expression

CHRD Protests Harsh and Unjust Sentence for Uyghur Journalist Hailaite Niyazi

After Brief Return to Service, CHRD’s Chinese-Language Website Once Again Inaccessible

Arbitrary Detention

Police in Beijing Beat, Detain Petitioning Parents of Vaccine Victims

Legal Rights

Fuzhou Court Hears Lawsuit Brought by Lawyer Lin Hongnan against Bureau of Justice

Freedom of Assembly

Hundreds of Villagers Protest in Guangzhou; Day Ends as Many Are Seized By Police

Police in Beijing Prevent Human Rights Lawyer Li Xiongbing from Attending NGO Meeting

Harassment of Activists

Shenzhen Activist Zhao Dagong and Wife Forcibly Returned from Shanghai

Forced Eviction and Demolition

Demolition Workers in Jiangsu Province Violently Beat Homeowner

Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

Sichuan Petitioner Suffers Broken Rib Following Beating by Chongqing Police

Law and Policy Watch

Revisions to Chinese Criminal Law Reportedly to Include Reduction in Number of Capital Offenses

New Wuhan Mental Health Regulations Leave Potential for Abuse by Officials

Freedom of Expression

CHRD Protests Harsh and Unjust Sentence for Uyghur Journalist Hailaite Niyazi

On July 23, a court in Urumqi, Xinjiang Uyghur Autonomous Region (XUAR) sentenced journalist Hailaite Niyazi (whose name also sometimes appears as Hairat or Gheyret Niyaz or Niyaze) to 15 years in prison for endangering state security (CHRD has not yet learned which specific “endangering state security” crime he was convicted of). Niyazi, who has been in detention since October 1, 2009, was reportedly tried without a lawyer present.

CHRD believes Niyazi was convicted on the basis of comments he made to a journalist from Hong Kong-based Asia Weekly, which later appeared in an article entitled “Uyghur NGO Worker, Former Xinjiang Legal News Chief Editorial Director Niyazi Provided Early Warning Before July 5 Incident.” In the article, which was published on July 23, 2009, Niyazi is quoted as saying he telephoned a friend working in the XUAR government on July 4 and met with top officials on July 5 to warn them of the potential for violence on July 5, but officials refused to take action in response to his warning. Niyazi went on in the article to comment on the nature of the riots, possible organizers, as well as the root causes of the violence. During his trial, prosecutors also brought up articles written by Niyazi prior to the July 5 riots which discussed tensions in the XUAR. (CHRD)[i]

After Brief Return to Service, CHRD’s Chinese-Language Website Once Again Inaccessible

Service was briefly restored to CHRD’s Chinese-language website (http://www.crd-net.org) on the morning of July 25 following more than 100 hours of inaccessibility due to a DDOS attack launched July 19. However, after only two hours, the site was once again rendered inaccessible by the ongoing attack. Later on July 25, CHRD’s internet service provider was forced to stop all traffic to the website as the amount of malicious traffic from the attack became too much for the server to handle. At the time of writing, the site remains closed.

Arbitrary Detention

Police in Beijing Beat, Detain Petitioning Parents of Vaccine Victims

On the afternoon of July 19, a group of nine parents whose children were sickened by tainted vaccines arrived at the Ministry of Health in Beijing to petition. Shortly after reaching the Ministry’s Letters and Visits Office, the parents were accosted by police officers, who struck at least four of the petitioners before taking them into detention. Liaoning petitioner Yang Yukui (杨育奎) suffered a broken rib and broken finger, and three others were injured by the officers. CHRD has learned that eight of the petitioners, including the four injured, have been given five days of administrative detention for “disrupting public order.” The whereabouts of the final petitioner are currently unknown. (CHRD)^[ii]

Legal Rights

Fuzhou Court Hears Lawsuit Brought by Lawyer Lin Hongnan against Bureau of Justice

On the afternoon of July 22, Fuzhou City’s Taijiang District Court held an open court session to hear lawyer Lin Hongnan’s (林洪楠)administrative litigation lawsuit against the Fuzhou Bureau of Justice, challenging the Bureau’s decision to suspend his lawyer’s license for one year. Lin was represented by lawyers Liu Xiaoyuan (刘晓原) and Zhang Zanning (张赞宁). The court proceedings ended without a verdict. According to reports from the scene, approximately 100 policemen and security guards were on hand to control a crowd which swelled to between 400 and 500 supporters, activists, and petitioners. Lin’s lawyer’s license was suspended for one year on December 23, 2009, during the case against the “Fuzhou Three” netizens who were later imprisoned for helping a woman post information online regarding the suspected rape and murder of her daughter. Ostensibly, Lin’s punishment came because he improperly handled evidence in a 2002 case, providing family members of one of the defendants with a copy of the minutes of a government meeting which the family subsequently published on overseas websites. However, Lin and others believe the punishment to be in retaliation for Lin’s insistence on pursuing a plea of not guilty for Wu Huaying (吴华英), one of the “Fuzhou Three.” (CHRD)^[iii]

Freedom of Assembly

Hundreds of Villagers Protest in Guangzhou; Day Ends as Many Are Seized By Police

On the morning of July 22, close to one thousand residents of Xiaogang Village gathered outside of the Guangzhou City, Guangdong Province government offices to protest the planned forced demolition of their homes and requisition of village land. The protest lasted from 9 am until shortly after 5 pm, when police, who had been stationed outside the offices for the duration of the demonstration, descended on the crowd, forcibly dispersing and seizing villagers. Two large buses full of protestors were taken away by police; their current whereabouts are unknown. Xiaogang Village is a “city village” (城中村)—villages that have been engulfed by the city. As Chinese cities expand rapidly, residents in these villages are especially vulnerable to forced eviction as the city government, in the name of “city village transformation,” seizes the increasingly valuable land while providing little compensation to the villagers.  (CHRD)^[iv]

Police in Beijing Prevent Human Rights Lawyer Li Xiongbing from Attending NGO Meeting

On the morning of July 25, officers from the Beijing Public Security Bureau arrived at the home of Beijing human rights lawyer Li Xiongbing (黎雄兵) to prevent him from leaving for a scheduled meeting that afternoon. Li had planned to attend a weekly meeting of the NGO Citizen (Gongmin), a newly-registered organization after its predecessor Open Constitution Initiative (Gongmeng) was formally banned by the government in the summer of 2009. The officers stationed outside of Li’s home did not produce any legal documentation which might have authorized their actions. Earlier this month, Li was similarly prevented from attending a meeting on forced evictions in Beijing. (CHRD)[v]

Harassment of Activists

Shenzhen Activist Zhao Dagong and Wife Forcibly Returned from Shanghai

On July 20, Shenzhen human rights activist Zhao Dagong (赵达功) and his wife reached Shanghai, where they had planned to visit the World Expo. However, shortly after the couple checked into their hotel, Shanghai and Shenzhen police arrived at their door and, without producing any legal documentation which might authorize their actions, ordered them into a waiting vehicle. Zhao and his wife were driven to Shanghai’s Pudong airport, where they were put on a plane along with the officers from Shenzhen and forcibly returned to Shenzhen. Zhao, the secretary-general of the Independent Chinese PEN (ICPC) and member of the first group of Charter 08 signatories, did not publicize his plans to travel to Shanghai, but had reportedly been followed by plainclothes police en route to Shanghai. (CHRD)^[vi]

Forced Eviction and Demolition

Demolition Workers in Jiangsu Province Violently Beat Homeowner

On July 24, Nantong City, Jiangsu Province resident Chen Gang (陈刚) was attacked at the home of his father-in-law by a group of approximately 40 workers employed by the Xinjin Housing Demolition and Eviction Company. Chen and his neighbors had moved out of their apartment building after demolition workers cut off electricity and water to their apartments and damaged door locks; the workers accosted Chen at his father-in-law’s home, where he had been staying, to coerce him into signing a demolition agreement. When Chen refused, and when local police who arrived after Chen placed an emergency call refused to disperse the eviction workers, they turned violent, beating Chen and striking him in the head with a wooden stool. Chen was hospitalized following the attack; workers threatened to “beat him to death” if he continued to refuse to sign a demolition agreement. (CHRD)[vii]

Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

Sichuan Petitioner Suffers Broken Rib Following Beating by Chongqing Police

On July 14, uniformed and plainclothes police outside of the Chongqing Municipal Letters and Visits Bureau attacked and beat petitioner Zhao Jiawei (赵家伟), breaking one of Zhao’s ribs. The identity of the officers responsible is not known. Zhao reported the beating to the policemen on duty, but they refused to accept the case. Zhao, a farmer from Tianci Village in Da County, Sichuan Province, has been petitioning since 2008 regarding what he believes to be an unjust court ruling in the case of his daughter’s death. (CHRD)[viii]

Law and Policy Watch

Revisions to Chinese Criminal Law Reportedly to Include Reduction in Number of Capital Offenses

According to a July 23 Global Times article, amendments to the Criminal Law may be submitted to the Standing Committee of the National People’s Congress for review next month. Reportedly, three categories of crimes- economic crimes, inciting others to commit crimes, and “crimes that can be tackled through increased legislation, such as abduction and kidnapping”- will be removed from the list of offenses eligible for the death penalty. There are currently 68 crimes for which offenders can be sentenced to death. However, it is unclear exactly how many of those will be removed from this list by the amendments. (Global Times)[ix]

While reducing the number of capital offenses would unquestionably be a positive development, CHRD continues to urge the Chinese government to abolish the death penalty altogether, and in the short term, to set a concrete timetable for its abolition.

New Wuhan Mental Health Regulations Leave Potential for Abuse by Officials

Released publicly on July 20, the Wuhan City Mental Health Regulations are set to take effect on September 1. These are the sixth such local regulations to be issued in China on the subject of mental health. The regulations lay out standards regarding institutionalizing a patient for mental health reasons and other issues related to the management of the mental health system. (Chutian Dushi News)[x]

CHRD is concerned that these regulations will do little to restrict the wide powers police have to force psychiatric treatment on individuals and to forcibly detain them in mental health facilities.  According to article 25 of the regulations, individuals with “serious mental disorders” should be “helped” by their “work units, public security officials, sub district officials, township or town government officials, neighborhood committee members, or village committee members” if their relatives or guardians are “unable” to send them for treatment. Article 25 thus leaves much room for abuse, as government officials and neighbors are given the power to determine that an individual suffers from “serious mental disorders” and to force treatment on this person. In situations where the individual “are behaving in ways that seriously endangers the safety of the public or others,” according to article 32, the police can forcibly hospitalize the person after obtaining an assessment of the individual’s mental health status by a certified health professional. The person is therefore deprived of access to legal counsel and to a court hearing as the police holds the sole power to subject him/her to involuntary hospitalization.

Editors: David Smalls and Lin Sang

News updates from CHRD

Annual Report on the Situation of Human Rights Defenders in China (2009)

[ii] “Parents of Vaccine Victim Beaten, Detained in Beijing” (疫苗受害家长在北京被殴打关押), July 21, 2010, http://news.boxun.com/news/gb/china/2010/07/201007211401.shtml

[iii] “Trial Opens in Case of Fuzhou Lawyer Lin Hongnan, Human Rights Activists On the Scene to Provide Support” (福州林洪楠律师案开庭，维权人士现场声援(图)), July 22, 2010, http://news.boxun.com/news/gb/china/2010/07/201007221739.shtml

[iv] “Hundreds Protest Outside Guangzhou City Government, Many Detained” (广州千余名村民到市政府抗议，多人被抓), July 22, 2010, http://news.boxun.com/news/gb/china/2010/07/201007222031.shtml

[v] “Beijing Human Rights Lawyer Li Xiongbing Has Freedom Restricted Again” (北京维权律师黎雄兵再次被限制人身自由), July 25, 2010, http://news.boxun.com/news/gb/china/2010/07/201007251540.shtml

[vi] “Zhao Dagong Forcibly Returned to Shenzhen from Shanghai” (赵达功在上海被警方遣送回深圳), July 21, 2010, http://news.boxun.com/news/gb/china/2010/07/201007212127.shtml

[vii] “Another Violent Eviction in Nantong Turns Bloody: Evictee Chen Gang Undergoing Emergency Treatment in Hospital” (南通暴力拆迁又发血案：被拆迁户陈刚在医院抢救(图)), July 25, 2010, http://news.boxun.com/news/gb/china/2010/07/201007251248.shtml

[viii] “Chongqing Police Break Petitioner’s Rib Outside of Letters and Visits Bureau” (重庆警察在信访局打断访民肋骨), July 26, 2010, http://news.boxun.com/news/gb/china/2010/07/201007262050.shtml

[ix] “China’s criminal law to be revised once more,” Global Times, July 23, 2010, http://china.globaltimes.cn/chinanews/2010-07/555487.html

[x] “Wuhan City Mental Health Regulations Published Yesterday, Take Effect September 1″《武汉市精神卫生条例》昨公布 9月1日实施), July 20, 2010, http://ctdsw.cnhubei.com/cnews/shfz/201007/t1310313.shtml