"Soft Detention" of Yuan Weijing Continues: Journalist Beaten, Barred from Meeting

作者：CHRD 文章来源：CHRD 更新时间：2009-3-11 2:26:22
http://crd-net.org/Article/Class9/Class10/200903/20090311022622_14209.html

(Chinese Human Rights Defenders, March 10, 2009) -Yuan Weijing (袁伟静), the wife of imprisoned rights activist Chen Guangcheng (陈光诚), remains confined to her home and surrounded by guards. On March 8, a prominent investigative journalist and his student were threatened and attacked as they tried to visit her.

"While China marked International Women's Day with official ceremonies, Ms. Yuan and her family enjoyed no respite from the relentless restriction of movement and the ban on contacting the outside world to which they have been subjected. Why is a government which enjoys 'world power' status so afraid of a woman taking care of her small children and an elderly mother, while her husband, who is blind, languishes in jail?" asked Renee Xia, CHRD's international director.

On the afternoon of March 8, Wang Keqin (王克勤), journalist for Economy Daily (经济时报), his student Zhou Fuzhi (周福志), along with a driver and a local friend, travelled to Yuan's home in Dongshigu Village, Yinan County, Shandong Province, to speak with her and bring her, Chen's mother, and Yuan's two children some food and gifts. When they reached the entrance to the village, they were met by an unidentified man who questioned them aggressively about the purpose of their visit and then followed them as they made their way through the village. Once Wang's car reached the gate of Yuan's house, he and Zhou were accosted by a group of guards which later grew to more than 10 men, who forbade them from seeing Yuan, ordered them to leave the village, and threatened violence if they would not comply. The men would not say who they were or why Wang and Zhou could not visit Yuan. As Wang, refusing to be bullied, insisted on delivering the food and gifts, the men grew violent and pushed Wang and Zhou back towards their car, kicking and striking them as they got into their vehicle. As Wang and his group fled the village, they were pursued by two men on motorcycles, and only when they left Shandong province later that evening were they sure that their pursuers were out of sight.

Wang was able to reach Yuan by phone shortly after they had left the village to let her know of the situation. Yuan said that the men guarding her kept her and her family under 24-hour surveillance, rotating in shifts of 11 guards. Yuan expressed relief that Wang and Zhou were not injured, stating that friends who had come to visit her last year were seriously beaten by the same group of guards. She added that she has now lived under continuous surveillance by these men for more than one year, and that the guards monitor her family's conversations as well as restricting their freedom to work, shop, or even leave their own house. She has only been allowed one visit with her imprisoned husband in the past 12 months.

"The attack on journalists attempting to visit Ms. Yuan and the year-long illegal detention of the family make a mockery of China's 'rule of law' reforms highlighted in Premier Wen Jiabao's speech this week during the annual session of the National People's Congress in Beijing," said Renee Xia.

Background

Yuan, an English teacher and wife of imprisoned human rights defender Chen Guangcheng, became the victim of retaliation by local authorities after helping her husband reveal the use of violence in a local birth control campaign and publicly opposing the illegal imprisonment of her husband. Since September 2005, she has been under intermittent residential surveillance.

Chen, a human rights activist, self-taught legal advisor, and "barefoot lawyer" from Linyi City, Shandong Province, was convicted of "intentionally damaging property and gathering crowds to disturb transport order" and sentenced to four years and three months imprisonment on March 11, 2006. It is believed that Chen was imprisoned for exposing extensive violence in the implementation of the government's population policy in Linyi City. Chen also worked for years to protect the rights of farmers and the disabled.

Media contacts for this press release:

Renee Xia, International Director (English and Mandarin): +852 8191 6937

Wang Songlian, Research Coordinator and English Editor (English, Mandarin and Cantonese): +85281911660

For more information:

"Investigative Journalist Wang Keqin Beaten for Visiting Chen Guangcheng's Family" (调查记者王克勤探望陈光诚家人被打) (March 10, 2009)
/Article/Class18/Class51/200903/20090310140814_14196.html

Imprisoned Human Rights Defender Chen Guangcheng Denied Medical Care (January 14, 2009)
http://www.crd-net.org/Article/Class9/Class10/200901/20090115134520_13092.html

Shandong Officials Continue Harassing Wife of Jailed Human Rights Defender (November 24, 2007)
http://www.crd-net.org/Article/Class9/Class15/200711/20071124042658_6495.html

Wife of Jailed Human Rights Defender Barred from Seeking Medical Treatment (October 31, 2007)
http://www.crd-net.org/Article/Class9/Class10/200710/20071031120202_6177.html

Yuan Weijing, activist, under residential surveillance, house arrest (May 31, 2007)
http://www.crd-net.org/Article/Class9/Class48/Class62/200705/20070531232542_4508.html

China vs. a Blind Human Rights Defender: A Report on the Case of Imprisoned Chen Guangcheng (February 20, 2007)
http://www.crd-net.org/Article/ShowArticle.asp?ArticleID=3485 (Part 1)
http://www.crd-net.org/Article/Class9/Class48/Class62/200702/20070222210628_7953.html (Part 2)

Shao Jiang: Speech at the Tibetan Rally

http://blogs.amnesty.org.uk/blogs_entry.asp?eid=2762
================================================

Shao Jiang: Speech at the Tibetan Rally on 7th of March 2009

Thank you. It is my great honor to speak at this important historical moment.

I’m here today to express Chinese solidarity with Tibetans, to let you know that there are many Chinese who support the right to the self-determination of the Tibetan people.

2009 marks a series of important anniversaries. It is 50 years since the Tibetan Uprising, 20 years since the Tiananmen Massacre, and the Chinese Communist Party will have wielded power for 60 years. Over this time, more than one million Tibetans and 50 million Chinese died under the tyrannical rule of the Communist Party.

How has the Communist Party succeeded in oppressing such a huge population? Not only by lies and tanks, but also by turning different groups of people against each other. And now they are trying to provoke racial hatred between the Tibetan people and the Chinese people. That’s why it is very important that we stand together in solidarity against the same dictator.

The determination and persistence of the Tibetan people over so many years have moved and inspired many Chinese to fight for our own freedom. In Mainland China, there are more and more people who practice grassroots self-determination and civil resistance. They are setting up independent trade unions, independent peasant associations, fighting for freedom of expression.

Last week, a Chinese blogger published an apology to Tibetans, which I’d like to read out here:

‘I am a Han Chinese. I want to apologize to all Tibetans, for the atrocities committed by Chinese against Tibetans, and for my inability to stop the evil deeds. Although I have not been directly involved in those criminal atrocities, the crimes that have been committed in the name of my ethnic group and the shame that this has brought about must belong to me, because I was not able to stop them.

‘Yes, those Chinese who have whipped knives and uttered curses against Tibetans, have also whipped their knives and uttered their curses against Chinese, as well as other ethnic groups. Nonetheless each knife whipped and each curse uttered have added to my shame. I must apologize, out of shame, to Tibetans.

‘I must also examine myself more carefully, working harder to expose more truths. More truths, which at least may reduce the occurrence of crimes.’

This apology from the Chinese blogger expresses the feelings of many Chinese. This sense of shame will drive more and more Chinese to stand with the Tibetan people and fight for our freedom together.

Yes, Tibet will be free. China will be free.

==============================================================

Five Detained for Organizing Factory Sit-in

Five Detained for Organizing Factory Sit-in in Chongqing;
Six Injured during Workers Demonstration in Sichuan Province

作者：CHRD 文章来源：CHRD 更新时间：2009-2-25 20:26:36
http://crd-net.org/Article/Class9/Class10/200902/20090225202636_13905.html

Five Detained for Organizing Factory Sit-in in Chongqing; Six Injured during Workers Demonstration in Sichuan Province (Chinese Human Rights Defenders, February 25, 2009) - CHRD learned today that five workers at a silk factory, Tongliang County, Chongqing Municipality, have been detained for organizing a factory sit-in. The workers are representatives of about 800 dismissed workers who have been seeking pensions and medical insurance following the factory's closure. CHRD also learned today that six have been injured by the police during a workers' demonstration in Sichuan Province.

Factory Sit-in in Chongqing

On February 15, Tongliang County Public Security Bureau (PSB) asked the five representatives, Tang Aimin (唐爱民), Hu Weimin (胡卫民), Li Taiyuan (李太元), Ou Hongyong (欧红勇) and Wang Yu (汪宇), to meet with the authorities to "discuss the problem of the plant". The five were then taken into police custody.Tang and Hu have been criminally detained on suspicion of "gathering crowds to disturb social order" but it is unclear where they are currently being held. Li, Ou and Wang have been administratively detained on suspicion of "gathering crowds to disturb social order" in Tongliang PSB Detention Center. Other workers involved have been summoned or "invited for chats" by the local police. Police warned the workers that if they continue to "stir up trouble", they would be arrested as well, and these workers are being closely monitored and followed by the police. According to workers, the police have said that Tang and Hu will be sentenced to between three and seven years of imprisonment.

The silk factory announced its bankruptcy in 1996 and was sold in 1998. At the time of the sale, the workers were not notified of the fate of the factory and were dismissed after being given between RMB 5,000 and 6,000. The workers suspected that the factory was sold at a massive discount and they suspected that the sale was a result of corrupt dealings involving local officials. After studying national regulations regarding workers dismissed due to factory bankruptcy and re-structuring, the workers believe that they are entitled to pensions, medical insurance, or at least compensation appropriate to the number of years they have worked in the factory. The workers have repeatedly complained to the relevant government offices s but have received no response.

In 2008, the factory's equipment was sold. The factory itself is set to be demolished and the land sold for property development. In the beginning of 2008, the dismissed workers decided to occupy the factory and resist the demolition as an act of protest. In the latter half of 2008, in response to the workers' sit-in, Tongliang County government asked the workers to elect representatives for negotiation with the government.

On February 16, the day after these five representatives were detained, about 2,000 government workers surrounded the silk factory and ordered those workers at the factory to leave. The workers refused to budge. Four hours later, the authorities ordered a group to enter the factory. The authorities had to withdraw after the occupying workers threatened with explosive oxygen containers. This is the first time a direct confrontation occurred since the workers occupied the factory.

Workers' Protest in Sichuan Province

Between February 20 and 23, police clashed with about 1,000 workers from a textile factory in Zigong City, Sichuan Province, who have been demonstrating outside of the Zigong City government building. Six protestors were beaten and injured by the police. Liu Zhengyou (刘正有), a human rights activist documenting the protest, was interrogated for four hours and had his camera confiscated. It is believed that the workers are still demonstrating. However, much remains unclear about the protest. CHRD will closely monitor its development.

Recommendations

CHRD believes that Tang Aimin, Hu Weimin, Li Taiyuan, Ou Hongyong and Wang Yu have been detained solely for the peaceful activities of organizing fellow workers. The right to freedom of association is guaranteed in Article 22 of the International Covenant on Civil and Political Rights (ICCPR), as well as Article 35 of the Chinese Constitution.

CHRD calls on the Tongliang County government to immediately release the detained workers and negotiate with their representatives.

CHRD is concerned that by detaining the workers and entering the factory by force, the Tongliang County authorities might turn a peaceful sit-in into a violent confrontation.

Yuan Xianchen Sentenced to Four Years in Prison for "Inciting Subversion of State Power"

作者：CHRD 文章来源：CHRD 更新时间：2009-3-6 13:34:05
http://crd-net.org/Article/Class9/Class10/200903/20090306133405_14109.html
Yuan Xianchen Sentenced to Four Years in Prison for "Inciting Subversion of State Power"

(Chinese Human Rights Defenders- March 6, 2009) - Human rights activist and "barefoot lawyer" Yuan Xianchen (袁 显臣), of Jixi City, Heilongjiang Province, was found guilty on March 4 of "inciting subversion of state power" and sentenced to four years in prison and five years' deprivation of political rights. This verdict comes nearly two months after Yuan was tried by the Jixi City Intermediate People's Court on January 12.

"This verdict is grossly unjust. The trial should have been declared invalid because the Jixi court admitted evidence extracted by torture against Yuan. The court never called for an investigation of torture alleged by the defendant, as requested by his lawyers," said Renee Xia, CHRD's international director. Yuan told his lawyers prior to his trial that he had been severely tortured in detention and coerced to confess. For more information, please see CHRD's press release "After Torture in Detention, Legal Activist Yuan Xianchen Goes on Trial."

Yuan protested the verdict and vowed to appeal the decision. Yuan's wife, Ms. Zhang, received a written verdict from the Jixi City Intermediate People's Court on March 5.

The crime of "inciting subversion of state power" is stipulated under Article 105(2) of the Chinese Criminal Code, and since its adoption in 1997 has been a powerful tool for Chinese authorities seeking to criminalize freedom of expression in China. CHRD has documented dozens of cases of dissidents and free-speech activists persecuted under this law in recent years, including 2008 Sakharov Prize winner Hu Jia (胡佳), who is currently serving a sentence of 3 and 1/2 years in prison. For more information, please see CHRD's January 2008 report, "'Inciting Subversion of State Power': A Legal Tool for Prosecuting Free Speech in China."

In this case, the charge of "inciting subversion of state power" against Yuan hinged on four main accusations: first, that he distributed an article entitled "Save China, Implement Constitutional Democracy" to petitioners and representatives attending the National People's Congress in Beijing in 2005; second, that he gave interviews to the Epoch Times and other foreign media; third, that he received funds from domestic and overseas organizations; and finally, that he drafted over twenty articles "attacking" socialism. These actions provided the "evidence" necessary for authorities to punish Yuan, whose legal aid work in Jixi City since 1998 on behalf of farmers, miners, displaced persons, and other impoverished or exploited citizens earned him the ire of local government officials.

Additionally, though it was not mentioned in the charges or at his trial, it is believed that Yuan was also arrested in part for helping Yang Chunlin (杨春林), a Heilongjiang farmers' representative, collect signatures endorsing an open letter entitled "We Want Human Rights, Not the Olympics" in early 2008, ahead of the Beijing Games. Yang was also charged with "inciting subversion of state power", and sentenced to five years in prison on March 24, 2008. For more information, please see CHRD's press release "'Olympics Prisoner' Yang Chunlin Sentenced to Five Years in Prison."

"The use of 'inciting subversion' to persecute a local human rights activist is a stern warning to others who work at the grassroots providing legal assistance and organize workers! While Premier Wen Jiabao talked about opening up channels for the distressed to vent on the first day of the National People's Congress, authorities continued to suppress local activism with iron fists. This is a particularly volatile time both socially and politically, as 40-45 million migrant laborers have already lost or will lose their jobs this year and the urban unemployment rate may reach 10%," said Renee Xia.

CHRD demands the immediate release of Yuan Xianchen.

CHRD believes not only that Yuan has been punished simply for exercising his right to freedom of speech but that he was subjected to torture and cruel, inhuman and degrading treatment while in detention. Yuan's right to freedom of speech is guaranteed by Article 35 of the Chinese Constitution, and his right to be protected against cruel and inhuman punishment is guaranteed by the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

Background:

Yuan, 44, self-studied law and is best known for his work as a legal advisor to workers at the Didao Mine in Jixi City. The miners have been seeking compensation from the local government and the mine management since the former state-owned business was re-structured and became a private enterprise.

Yuan was taken into police custody in Beijing on May 24, 2008 and formally arrested on suspicion of "inciting subversion of state power" on June 30.

Media contacts for this press release:

Renee Xia, International Director (English and Mandarin): +852 8191 6937

Wang Songlian, Research Coordinator and English Editor (English, Mandarin and Cantonese): +85281911660

China Human Rights Briefing January II Edition

2009-2-3 2:20:01

http://crd-net.org/Article/Class9/Class10/200902/20090203022001_13408.html

China Human Rights Briefing
Reporting human rights development from the grassroots
January 15-31, 2009

1. Persecution of Rights Activists

Charter 08 Update

· On January 16, 2009, administrators at Beijing University Law School sent out an email to students, demanding that they "firmly resist and stay far away from" Charter 08, and that they "don't follow others blindly or… spread harmful information." This email comes despite the fact that Beijing University law professor He Weifang (贺卫方) and Zhu Suren (朱苏人), the elder brother of Beijing University law school dean Zhu Suli (朱苏力), have already signed the Charter. (CHRD)

· Despite continued harassment and intimidation from police and local authorities, Support for Charter 08 continues to grow, with over 8,100 signatories at last count.

· Authorities continue to use Charter 08 as a pretext to intimidate activists and dissidents domestically. Human Rights Lawyer Li Xiongbing (黎雄兵), previously questioned by police about his involvement with Charter 08, was summoned (chuanhan) by police in the pre-dawn hours of January 15 and interrogated about the Charter for more than three hours. (CHRD)

Beijing Blogger Placed under House Arrest

On the eve of Chinese New Year's, January 25, several policemen from the National Security Unit of the Beijing PSB Chaoyang District Sub-division summoned Beijing activist Liu Di (刘荻, who writes under the name "stainless steel rat", buxiugang laoshu) to interrogate her about a posting she had written entitled "10 suggestions for Charter 08" on the "Free China Forum" as well as a picture she posted of a t-shirt featuring Liu Xiaobo (刘晓波) and other related figures from Charter 08. At the conclusion of the interrogation, the policemen announced that she was being placed under residential surveillance. The next day Liu discovered a police car parked downstairs from her apartment and her freedom to leave her home restricted. She now must travel by police car or in a taxi arranged by police, if she is given permission to leave. (CHRD)

Activist Promoting Democracy at Grassroots Abducted by Authorities

Yao Lifa (姚立法), an activist promoting local democratic elections from Qianjiang City, Hubei Province, disappeared on January 18, 2009. Yao had been scheduled to return to Hubei on January 19 to attend the celebration of the inauguration of the US president at the US Consulate in Wuhan City, Hubei Province. After three days without contact, Yao was released on January 21, 2009, at which point he confirmed that he had been abducted by the Qianjiang police. Yao has suffered illegal kidnappings and detention at the hands of Qianjiang authorities on a number of previous occasions. (CHRD)

Released Tiananmen Prisoner Incarcerated in Psychiatric Hospital since Olympics

CHRD learned on January 22, 2009, that Wang Lianxi (王连喜), a former worker who was released from prison in 2007 following 18 years of incarceration for his role in the 1989 Tiananmen Square protests, was being incarcerated at a Beijing mental institution. Wang, believed to be hospitalized involuntarily, was detained ahead of the Olympics to prevent him from "making trouble" during the Games. CHRD has not found any evidence suggesting that Wang or his family consented to the hospitalization or that any independent mental health evaluation was conducted to determine whether Wang's mental condition was serious enough to pose any real danger to society such that he needed to be hospitalized. (CHRD)

Wife of Imprisoned Activist Placed under Surveillance, Detained

CHRD learned from imprisoned Hebei activist Guo Qizhen (郭起真) that his wife, Zhao Changqin (赵长芹) has been harassed by local police since the beginning of August, 2008, when she was placed under residential surveillance and followed whenever she left the house. Zhao was then illegally detained, first in a number of "black jails" in Cangzhou City, Hebei, and later in a local military dormitory. Zhao was finally released from detention on September 23, but remains under surveillance to this day, especially with regard to her communications, which are monitored and often disrupted. Guo, who was imprisoned in October of 2006 for "inciting subversion of state power," also reports that his health in prison is very poor, and that he suffers from necrosis of the femur, needing crutches to walk and large amounts of medicine which must be brought in by Zhao when she visits him. (CRLW)

Imprisoned China Democratic Party Member Denied Parole

CHRD learned on January 31, 2009, that Wu Yilong (吴义龙), activist and organizer for the China Democratic Party (CDP) and spokesperson for the CDP's Zhejiang Provincial Preparatory Committee, has been denied parole for refusing to admit guilt to prison officials. Wu was sentenced to 11 years in prison in October of 1999 for "subversion of state power" for his role as a CDP member, and was originally eligible for release in November of 2008. According to Wu's brother, Wu Yiyun (吴义云), Wu Yilong will likely have to serve his full term in prison, as he steadfastly refuses to admit guilt for a crime he did not commit. (CHRD)

Activist Detained in Forced Labor Camp Nears Release

Heilongjiang petitioner turned human rights activist Liu Jie (刘杰), who has been tortured repeatedly while detained in Re-education through Labor (RTL) camps, is scheduled to be released on April 12, 2009, according to her son, Fu Weifeng (傅伟丰). Fu, who visited his mother on January 22 and received a phone call from her on January 29, reports that concerns about his mother's health, especially her vision, which has been significantly damaged during her detention, remain serious. (CHRD)

2. Right to Vote

Beijing Lawyers Press on in Quest for Direct Elections

During the Beijing Lawyers Association Film Festival, held from January 13th to January 18th at the National Library and attended by an estimated 30% of Beijing's lawyers, a group of 35 Beijing lawyers defied official pressure and distributed information about direct elections for officials of the Lawyers Association. This comes on the heels of the same group's petition, written in late 2008, calling for direct elections of officers of the Association, an act that cost at least seven lawyers their jobs. Some, like lawyer Yang Huiwen (杨慧文), announced their candidacies for various offices and handed out articles summarizing their positions on various questions. Official response remains to be seen. (CHRD)

3. Freedom of Association

Shandong Authorities Detain Teachers' Representatives before Chinese New Year

On December 29, 2008, four representatives of "community-run school" (minban xuexiao) teachers from Shandong traveled to Beijing to submit an application to stage a demonstration on January 12, 2009, in Jinan City, Shandong Province. The request was verbally rejected (without a written reply), and two of the representatives, Chen Zengfu (陈增夫, also known as Chen Ming [陈明]) and Wang Diangang (王殿冈) were later detained by Shandong authorities on the charges of "disrupting social order". Chen, detained on January 14, and Wang, detained on the 22, have yet to be released. Others involved in the case believe that Chen and Wang are being punished for petitioning along with thousands of other community-run school teachers during the Shandong Provincial Party Meeting on November 26, 2008. (CRLW)

Wuhan Resident Arbitrarily Detained for "Plotting to Demonstrate"

Wuhan citizen Xiao Changhai (肖昌海), a representative of activists whose property was expropriated by the state in earlier periods and are now disputing ownership with the government, was seized on December 16, 2008 in Yichang City, Hubei Province, by members of the National Security Unit of the Wuhan City PSB and forcibly taken to a "law education class" in the Wuchang District, Wuhan City, where he was detained for more than one month. On January 18, 2009, Xiao was moved to the Wuchang Detention Center, where he was administratively detained for five days. His family, who never received any formal written notice of his detention, was told by police that he was detained for "plotting to travel to Beijing to apply to demonstrate along with Wuhan petitioners Zhang Jianmin (张建民) and Zhou Xinbao (周新宝)." (CRLW)

4. Harassment and Abuse of Petitioners

Hubei Petitioner Disappears in Beijing, Feared Detained

On January 19, 2009, Li Dejie (李德接), from Shashi District, Jingzhou City, Hubei Province , travelled to the National Letters and Visits Office in Beijing to petition, and has not been heard from since. In 2001, she and her family were forcibly evicted from their home in Jingzhou by local courts acting in collusion with developers. Li was previously detained incommunicado by local authorities for 88 days during the 2008 Olympics, during which time no one, including her family, had any knowledge of her whereabouts. (CHRD)

Shanghai Petitioner Summoned, Beaten for Seeking Aid

On January 23, 2009, Fan Shiming (范诗铭) of Shanghai, was summoned (chuanhan) by police from Shanghai's Wuliqiao PSB Station, where, upon arrival, he was bound and beaten for more than three hours. On January 22, Fan had visited the Wuliqiao Police Station to seek humanitarian aid and demand authorities pay for his mother's hospitalization for gall bladder inflammation in late 2008, which was triggered by the stress of protracted surveillance by police during the Olympic Games. Fan was ignored by section chief Huang Chongmu (黄崇慕) and barred from meeting with other officials, at which point he left the station angrily after writing a series of messages on the wall of a stairway. Fan has been detained, beaten, and placed under surveillance on numerous occasions by local authorities for petitioning the government about the illegal destruction of his bicycle repair shop on July 31, 2005, by local police and developers. (CHRD)

5. Torture and Other Cruel, Inhuman, and Degrading Treatment

Factory Workers Beaten For Requesting Salaries

Shortly after learning of the impending bankruptcy of their employer on January 15, 2009, workers at the Dongwanhumenlu (东莞虎门露) Silk Clothing Manufacturing Plant in Guangdong Province approached factory officials to beg for back wages due to them. The officials, claiming that the factory was already bankrupt, refused to pay and workers and demanded that the workers leave the factory grounds. The workers refused, and that evening, between 40 and 50 local policemen, along with between 20 and 30 hired thugs, arrived at the factory and attacked the between 60 and 70 workers who remained on site. Three workers were treated at a nearby hospital for injuries sustained in the attack and released the next day. (CRLW)

Tianjin Citizen Beaten for Attempting to Register to Petition

On January 12, 2009, petitioner Xu Zhen(徐珍) from Hedong District, Tianjin City, arrived at the Letters and Visits Office outside the venue for the Tianjin "Two Meetings" (People's Congress and People's Political Consultative Conference) and submitted her petition. She was pulled aside by an employee of the Hedong District Construction Committee, and while the latter questioned Xu why she came to petition again, the Hedong District PSB Letters and Visits Office Director Xu ([许], no relation) suddenly appeared and struck her from behind. Director Xu continued to strike Xu Zhen while threatening her, saying "if you come again, I'll beat you to death!" Xu Zhen went to a local hospital where she was treated for injuries to her arms and head. (CRLW)

6. Freedom of Expression

Writer Sues Sina.com over the Closure of Blog

Wang Zhaojun (汪兆钧), an entrepreneur and member of the Standing Committee of the Anhui Provincial People's Political Consultative Committee, had his blog shut down by Chinese web portal Sina.com after he posted an article entitled "A Report on The People of China, 2009- The Year Chinese Society Began to Change." After consulting with lawyers, Tang Jitian (唐吉田) and Lan Zhixue (兰志学), Wang went to the Supreme People's Court in Beijing on January 19, 2009 to file a lawsuit challenging this infringement of his right to freedom of expression. According to regulations, the Court has seven days to decide whether or not to hear the case. (CHRD)

7. Citizens Action

Chinese Scholars Call for a Boycott of CCTV "Brainwashing"

On January 12, 2009, 22 Chinese scholars and lawyers published an open letter online calling for a boycott of CCTV's "brainwashing." Called "Boycott CCTV, Reject Brainwashing," the letter protested the monopolization of information dissemination and news broadcasting by the state-run TV station, and listed seven major problems, including: releasing propaganda claiming the Sanlu milk powder had passed 1100 quality tests while the scandal was unfolding, selectively reporting on social contradictions and incidents during China's transformative era, and not reporting breaking news or mass incidents, or watering down coverage of such events. (CHRD)

Fujian Farmers File Lawsuit against State Council

On January 13, 2009, Huang Weizhong (黄维忠), representative of 3000 farmers from Putian County, Fujian, travelled to the Supreme Peoples' Court in Beijing to file a lawsuit against the State Council. According to Huang, the lawsuit on behalf of the farmers sought to redress years of mistreatment at the hands of local authorities without oversight from the State Council. Previous attempts by farmers to petition the government had come to nothing, and often resulted in persecution against petitioners. Huang previously filed suit on behalf of the farmers with the Beijing Higher Court, which did not respond to his December 2008 lawsuit within the allotted seven days. Huang, who has worked for years to defend the rights of farmers who have lost their land, has been harassed and imprisoned in the past for his activism. (CHRD)

8. Law and Policy Watch

Officials Issue Standards to Regulate "Vulgar Content" on Internet

On January 9, 2009, government departments, including the Ministry of Public Security, the Ministry of Culture, the Ministry of Industry and Information Technology, and others, jointly issued a set of thirteen regulations designed to target "vulgar content" on the internet. The regulations, while principally concerned with pornographic or explicit content, also contain regulations purporting to protect individuals' rights to privacy. However, in the wake of the closing of popular Chinese blog portal bullog.cn and similar sites earlier this month, netizens and activists fear that the new regulations are simply a pretext for cracking down on open spaces for free expression online.

Xuzhou City Enacts Personal Information Privacy Legislation

According to a January 20, 2009 Legal Daily report, Xuzhou City, Jiangsu Province, became the first city to enact legislation preventing the arbitrary dissemination of others' personal information. The "Xuzhou City Computer Information System Security Protection Guidelines", passed a few days ago by the Standing Committee of Jiangsu Provincial People's Congress, will go into effect on June 1. The regulation will provide management for computer security, measures to safeguard information, outline legal responsibility of companies and individuals, and provide detailed guidelines for implementation. This legislation was created in part to address the phenomenon of the "human flesh search engine" (renrou sousuo, 人肉搜索) the combined efforts of netizens to track down personal information about individuals in the real world and online. According to these new regulations, providing personal information using this method would be an illegal violation of an individual's privacy. The maximum fine for netizens who provide or spread personal information is set at 5000 RMB (roughly 730 USD), and netizens may be banned from internet use for up to half a year. Companies found to be in violation of the regulations risk having their management licenses revoked or losing their network privileges.

As with the regulations on "vulgar content," the true impact of these regulations remains to be seen. While on the surface the guidelines offer a guarantee of protection for individuals' rights, they may just as easily be used to shield official malfeasance or restrict the free flow of information among citizens. (Legal Daily)

Chongqing Testing Death Row Visitation Regulations

According to a January 16, 2009 Xinhua report, the Chongqing Municipal Higher People's Court, Municipal Procuratorate, Public Security Bureau, and Municipal Bureau of Justice jointly announced the trial of newly drafted "Regulations Concerning Family Visits for Death Row Inmates". According to the regulations, inmates on death row in Chongqing and their families will now be able to apply for visits, and have these applications examined by courts, which will be in charge of arranging the visits. Chongqing joins Xian City, Beijing, Qingdao City, Jiangsu Province, Xiamen City, Guangzhou City, and Shantou City in allowing visitation rights for death row inmates. (Xinhua)

State Council Passes 850 Billion Yuan Medical Reform Plan

In a step towards providing universal health care for all Chinese citizens, China's State Council announced on January 21st the passing of a reform plan pledging 850 billion RMB (123 billion USD) towards medical reform by the year 2011. The plan, which had been in deliberations since 2006, seeks to address mounting public criticism of exorbitant medical fees, lack of access to services in rural areas, and low medical insurance rates. The plan pledges to cover 90% of all citizens by basic medical insurance or a new rural co-operative medical system by 2011, as well as providing an increase in the annual medical subsidy received by citizens. Particular attention is set to be paid to rural areas, whose health care facilities lag far behind their urban counterparts. How officials will implement this plan remains to be seen. (Xinhua)

Editors: Wang Songlian and David Smalls

Chinese Who Could not Enjoy This Chinese New Year

It is already the lunar New Year Day in China. Presumably, more than a billion people have managed some kind of New Year Eve, in the past 24 hours. The majority did so with their family members - this has been the foremost important family reunion annual festival in China for centuries. However, some people have not been able to spent the day as they and their beloved ones have wishes.

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Hu Jia, the human rights activist, 2008 winner of the European Saharov Prize for Freedom of Speech, is held in prison, charged for "subsersion of state power" because of his online writings. He has severe liver illness that requires constant care and the prison has not provided him adequate medical care. His health has been deteriorating.

His wife, Zeng Jinyan, herself actively involved in human rights and civil rights activities, had wished to see him in a long-planned prison visit. She carefully chose a red colored jacket to cheer him up. However, at last minute, she was notified by the State Security Police that her prison visit permission had been revoked. Only Hu Jia's mother was allowed to visit him. He was said visibly disappointed at missing the opportunity to greet his wife for the Chinese New Year.

If you can read Chinese, please visit Zeng Jinyan's blog and learn more about the heroic couple. Their daughter has just had her first birthday in November. Since her born, she has spent only a few weeks with her father.

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Chen Guangchen, the blind legal activist and winner of the 2007 Prize, is, too, staying behind the bar, for his actions to help poor peasants in his home town. He is blind and constantly in need of both medical care and routine help in his daily life. Instead of providing necessary facilities to Chen, prison guards have frequently abused him physically and mentally.

Chen's wife, Yuan Weijing, has received constant abuses at home, too. She is not allowed to travel, followed by police and local thugs whenever she goes out. The couple's two young children have been harassed repeatedly as well.

In the past years, Hu Jia's wife Zeng Jinyan and Chen Guangcheng's wife Yuan Weijing have formed very strong bond to support each other. However, with each of the women being confined to their home locale at the moment, their mutual support is constrained severely. We learn about Yuan Weijing mainly from Zeng Jinyan's blog.

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Liu Xiaobo, arguably the most well-known Chinese dissident in the past ten years, has been in and out of China's prison system - including formal prison and the notorious "reeducation through labor" (lao jiao) system - for many times since June 1989. He is under house arrest at the moment.

In early December 2008, Liu joined 300 others in China to issue the political campaign, Charter 08. The charter was formally released online on the 60th anniversary of the World Human Rights Day, December 10, 2008. Hours earlier, Liu was already taken away by secret police for his role in organizing the charter. It was not until days later that his wife, Liu Xia, was allowed to see him in an undisclosed location outside Beijing.

Since then, it has been understood that the Lius are under house arrest. The authorities censored all information, online or via other media, about Charter 08 and about Liu Xiaobo. He has not been allowed to get back to his normal way of contacting the outside world - by the Internet.

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There are many others inside China who, due to political persecution, cannot reunited with their beloved ones for this Chinese New Year.

Let us send our warmest greetings to all of them. Remembering them, praying in your own chosen manner for them, joining hands together to support them.

Today is the New Year Day of the Chinese lunar calendar. It is the beginning of the year of Ox.

After Torture in Detention, Legal Activist Yuan Xianchen Goes on Trial

CHRD 2009-1-15 1:18:07

After Torture in Detention, Legal Activist Yuan Xianchen Goes on Trial (Chinese Human Rights Defenders- January 14, 2009) – On January 12, Yuan Xianchen (袁显臣), a human rights activist and "legal worker" (falu gongzuozhe) based in Jixi City, Heilongjiang Province, was tried for "inciting subversion of state power" by Jixi City Intermediate People's Court. Yuan also told his lawyers that he was beaten and coerced to confession.

According to Civil Rights and Livelihood Watch (CRLW), Yuan's lawyers, Li Fangping (李方平) and Li Xiongbing (黎雄兵), attended the trial. Yuan's wife and other family members and supporters were originally barred from attending the trial on the grounds that it involved "state secrets". However, the lawyers were able to persuade court officials that the trial be held publicly.

According to the Jixi Procuratorate, Yuan "incited subversion of state power" because he distributed an article entitled "Save China, Implement Constitutional Democracy" to petitioners and representatives attending the National People's Congress in Beijing in 2005; that he gave interviews to the Epoch Times and other foreign media; that he received funds from domestic and overseas human rights organizations; and that he drafted over twenty articles "attacking" socialism.

Furthermore, though it was not formally mentioned at the trial, it is believed that Yuan was also arrested in part for helping Yang Chunlin (杨春林), a Heilongjiang farmers' representative, collect signatures endorsing an open letter entitled "We Want Human Rights, Not the Olympics". Yang was sentenced to five years in prison for "inciting subversion of state power" on March 24, 2008.

Yuan pleaded not guilty. The court did not issue a verdict.

CHRD learned from Yuan's lawyers that, between Yuan's apprehension in Beijing on May 24, 2008, and his formal detention on May 29, he was repeatedly tortured to extract confession in Beijing Municipal State Security Bureau Detention Center. A guard hit Yuan's head with handcuffs, which left more than ten bald spots and visible scars on his head. During those five days, Yuan was not informed of his suspected crime, the state organ holding him or the location of his detention. When Yuan was later transferred to the Jixi City Detention Center, the beatings continued but were less frequent.

CHRD calls for Yuan's immediate and unconditional release.

CHRD demands the Chinese authorities to conduct an independent investigation into the alleged torture of Yuan and, if the allegation is confirmed, such "evidence" obtained through torture should not be admissible in court.

The torture suffered by Yuan violates his right to be protected against cruel and inhuman punishment as guaranteed by Article 7 of the International Covenant on Civil and Political Rights (ICCPR), which China has signed but not yet ratified, as well as the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which China ratified in 1988. CHRD demands that those responsible for torture be punished to the full extent of the law.

Furthermore, CHRD believes that Yuan has been incarcerated solely for the peaceful activities of drafting articles and assisting miners to seek compensation legally. The Chinese government has violated Yuan's rights to freedom of expression and association guaranteed in, respectively, Articles 19 and 22 of the ICCPR. The rights are also guaranteed in Article 35 of the Chinese Constitution.

Background:

Yuan, 44, is best known for his work as a legal advisor to workers at the Didao Mine in Jixi City. The miners have been seeking compensation from the local government and the mine management since the former state-owned business was re-structured and became a private enterprise.

Yuan was taken into police custody in Beijing on May 24, 2008. He was transferred to Jixi City Detention Center and formally detained on May 29. On June 30, Yuan was formally arrested on suspicion of "inciting subversion of state power", a crime often used to prosecute free speech and restrict the human rights of Chinese citizens.

Yuan was previously detained for 37 days, in 2005, for investigating the death of a petitioner from Inner Mongolia who was killed by a train while fleeing pursuers outside the Beijing South Train Station.

For more information, please see:

Persistent Torture, Unaccountable Torturers: A Report on China's Implementation of Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
November 5, 2008
http://www.crd-net.org/Article/Class9/Class11/200811/20081105101541_11571.html

"Olympics Prisoner" Yang Chunlin Sentenced to Five Years in Prison
March 24, 2008
http://www.crd-net.org/Article/Class9/Class10/200803/20080326054123_8200.html

Inciting Subversion of State Power": A Legal Tool for Prosecuting Free Speech in China
January 8, 2008
http://www.crd-net.org/Article/Class9/Class11/200801/20080108225721_7032.html

Imprisoned Human Rights Defender Chen Guangcheng Denied Medical Care

CHRD 2009-1-15 13:45:20
http://crd-net.org/Article/Class9/Class10/200901/20090115134520_13092.html

(Chinese Human Rights Defenders- January 14, 2009) - CHRD has learned that imprisoned human rights defender Chen Guangcheng (陈光诚) has been denied appropriate medical care and is in very poor health following months of digestive affliction.

Chen's wife, Yuan Weijing (袁伟静), who visited her husband at the Linyi Prison in Shandong Province in late December 2008, reports that Chen has been suffering from diarrhea daily since July 2008. Seeing her husband for the first time in more than a year, Yuan discovered that Chen's skin had become sallow and he appeared emaciated and frail. According to the prison doctor, who has examined him three times since the beginning of his illness in July of 2008, Chen has blood in his stool and suffers from chronic gastroenteritis; however, the doctor has not performed bacterial cultures necessary to properly diagnose Chen, and prison officials refuse to allow further medical examination without provincial-level approval. Chen's condition is being exacerbated by a lack of access to clean water inside the jail, and a diet restricted to thin rice gruel.

Chen, who is blind, is eligible both for parole and for release on bail for medical treatment, according to relevant Chinese laws and regulations. However, since submitting his applications for parole in September 2008 and for release on bail for medical treatment more than a year ago, he has received no official response.

Furthermore, he has been prevented from receiving regular visits from his wife, as a group of twenty local officials and guards keep her under constant surveillance at home, and have intercepted and restrained her as she tried to travel to the prison on numerous occasions.

CHRD reiterates the call for the immediate and unconditional release of Chen Guangcheng as well as an end to the prolonged harassment of his wife.

We believe that the deprivation of Chen's liberty results from the exercise of his rights or freedoms (including the rights to free opinion, speech, expression, press, assembly, association, and demonstration) guaranteed by articles 12, 18, 19, 21, 22, 25, 26 and 27 of the International Covenant on Civil and Political Rights, which China has signed, though not yet ratified. Chen was incarcerated in retaliation for his work in defending human rights and for exercising his rights to free expression and opinion and criticizing government policy.

CHRD calls for the Chinese government to honor the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which it signed and ratified, to ensure that Chen is protected from cruel and inhuman treatment. CHRD demands that, while he remains in custody, Chen be granted adequate medical treatment without delay.

Background

Chen Guangcheng is a human rights activist, self-taught legal advisor, and "barefoot lawyer" who has worked for years to protect the rights of farmers and the disabled. As a result of his work to challenge the use of violence in enforcing China's population control policy, including providing legal aid to villagers seeking to file lawsuits, Chen was targeted by the authorities and subjected to illegal arrest and detention on three separate occasions.

On August 24, 2006, after more than eight months of house arrest and illegal detention, Chen was sentenced to four years in prison for "inciting destruction of property" and "intentional obstruction of traffic." Despite flagrant instances of non-compliance with international standards for a fair trial- including the torture of key witnesses, the cruel and inhumane treatment of the defendant and his family, and intimidation and violent attacks on his lawyers- during his trials and appeals, the verdict has been upheld and he has remained in prison until today.

For more information, please see:

Shandong Officials Continue Harassing Wife of Jailed Human Rights Defender
November 24, 2007
http://www.crd-net.org/Article/Class9/Class15/200711/20071124042658_6495.html

Officials Ignored Requests for Medical Parole and for Filing Complaints to Higher Court about Verdict
March 23, 2007
http://www.crd-net.org/Article/Class9/Class15/200703/20070325012934_3757.html

China vs. a Blind Human Rights Defender: A Report on the Case of Imprisoned Chen Guangcheng
February 20, 2007
http://www.crd-net.org/Article/ShowArticle.asp?ArticleID=3485 (Part 1)

http://www.crd-net.org/Article/Class9/Class48/Class62/200702/20070222210628_7953.html(Part 2)

Over One Hundred Signatories Harassed Since Launch of Charter 08

CHRD, 2009-1-8 14:11:40

http://crd-net.org/Article/Class9/Class98/200901/20090108141140_12945.html

Over One Hundred Signatories Harassed Since Launch of Charter 08 (Chinese Human Rights Defenders, January 9, 2009) - One month after it was issued on December 9, 2008, Charter 08 continues to vex the Chinese authorities, who have continued to pressure signatories of the Charter. CHRD has documented one- hundred-and-one cases of individuals who have been harassed, called in for questioning, or summoned (chuanhuan) by police across seventeen provinces and three municipalities. It is very likely that the actual number is higher as CHRD is aware that some individuals do not wish to make their harassment public. Over 7,200 people have signed the Charter.

A full list of the one-hundred-and-one signatories harassed is available below. Some of them are scholars who have been questioned and warned by superiors at their academic institutions regarding their support for Charter 08.

CHRD has learned from those called in by the police that the questioning seems designed to determine the authors of the Charter as well as to identify their methods for disseminating information. Interrogations often end with the authorities demanding an individual publicly renounce his or her support for the Charter. If this request is not met, police have accused signatories of joining "an illegal association", being "suspected of plotting to overthrow the regime" or otherwise intimidated or threatened them.

One signatory, the prominent dissident writer Liu Xiaobo (刘晓波), has been held in custody since December 8, 2008, and is now subjected to "residential surveillance" (jianshi juzhu) at an undisclosed location in Beijing.

Efforts by officials to stifle freedom of expression and repress the Charter have increased online. Beginning the evening of December 26, 2008, searches for "Charter 08" on Baidu, Google.cn and Yahoo, three main search engines in China have returned no relevant results. However, the Charter continues to spread. Chinese netizens are still signing the Charter, debating it on the internet and circulating the text on blogs, message boards, and through instant messaging devices.

Chinese Human Rights Defenders reiterates its protest against the intimidation and harassment of Charter 08 signatories, who are being targeted solely for the peaceful activities of expressing their views about democratic reform and human rights in China. The Chinese government is willfully and blatantly violating the rights to freedom of expression and association guaranteed in both its own constitution and international treaties of which it is a signatory. China is also acting in contradiction to its own interest in building a good international reputation, as it will soon face international scrutiny on its human rights records during the UN Human Rights Council "Universal Periodical Review" in February 2009.

Full list of Charter 08 signatories subjected to detention, interrogation and/or intimidation:

Beijing Municipality:
Liu Xiaobo (刘晓波)
Zhang Zuhua (张祖桦)
Pu Zhiqiang (浦志强)
Jiang Qisheng (江棋生)
Gao Yu (高瑜)
Liu Di (刘荻)
Teng Biao (滕彪)
Yu Jie (余杰)
Li Hai (李海)
Zeng Jinyan (曾金燕)
Zhou Hongling (周鸿陵)
Li Zhiying (李智英)
Yu Haocheng (于浩成)
Xia Yeliang (夏业良)
Xu Youyu (徐友渔)
Cui Weiping (崔卫平)
Li Xianting (栗宪庭)
Mo Zhixu (莫之许)
Chen Yongmiao (陈永苗)
Wang Junxiu (王俊秀)
Liu Junning (刘军宁)
He Weifang (贺卫方)
Liang Xiaoyan (梁晓燕)
Xu Xiao (徐晓)
Zhu Jiuhu (朱久虎)
Guo Yushan (郭玉闪)
Jiang Tianyong (江天勇)

Chongqing Municipality:
Yang Yunhong (杨远宏)

Shanghai Municipality:
Zheng Enchong (郑恩宠)
Jiang Danwen (蒋亶文)
Feng Zhenghu (冯正虎)
Duan Chunfang (段春芳)
Dong Guojing (董国菁)
Jing Yuehua (金月花)
Ma Yalian (马亚莲)
Zhang Junling (张君令)

Liaoning Province:
Huang Dachuan (黄大川)

Zhejiang Province:
Wu Baojian (吴报建)
Zou Wei (邹巍)
Wang Xue'e (汪雪娥)
Gao Haibing (高海兵)
Zhuang Daohe (庄道鹤)
Wen Kejian (温克坚)
Zan Aizong (昝爱宗)
Mao Qingxiang (毛庆祥)
Xu Guang (徐光)
Guo Weidong (郭卫东）
Yang Jianmin (杨建民)
Liu Jincheng (刘进成)

Fujian Province:
Fan Yanqiong (范燕琼)
Lin Huanhui (林焕辉)
Hainan Province:
Qin Geng (秦耕)

Guangdong Province:
Ye Du (野渡)
Zhao Dagong (赵达功)
Guo Yongfeng （郭永丰)
Tang Jingling (唐荆陵)
Ye Huo (野火)
Zhang Jinjun (张津郡)
Li Tie (李铁)
Chen Shaohua (陈少华)
Ai Xiaoming (艾晓明)

Guangxi Province:
Jing Chu (荆楚)
Li Xiaolong (黎小龙)

Yunnan Province:
Wei Wanying (魏文英)
Zhang Zhengxiang (张正祥)
Liu Zhengshan (刘正善)
Wang Yuwen (王玉文)

Guizhou Province:
Chen Xi (陈西)
Du Heping (杜和平)
Liao Shuangyuan (廖双元)
Xu Guoqing (徐国庆)
Chen Defu (陈德富)
Zhang Zhongfa (张重发)
Wang Yuwen (王玉文)
Shen Youlian (申有连)
Han Xin (汉心)

Hunan Province:
Xie Fulin (谢福林)
Li Dongzhuo (李东卓)
Zhang Shanguang (张善光)
Li Deming (李德铭)
Wang Fengzhi (万凤芝)
Liu Jianan (刘建安)
Chen Zuoyong (陈作勇)

Hubei Province:
Liu Yiming (刘逸明)
Su Zuxiang (苏祖祥)
Yao Lifa (姚立法)

Shaanxi Province:
Du Yilong (杜义龙)
Zhang Jiankang (张鉴康)
Yang Hai (杨海)
Zhao Changqing (赵常青)
Wu Qi (吴起)
Yang Hai (杨海)

Jiangxi Province:
Xu Gaojin (徐高金)

Jiangsu Province:
Lu Wen (陆文)

Hebei Province:
Li Jinfang (李金芳)

Shandong Province:
Li Changyu (李昌玉)

Sichuan Province:
Liu Zhengyou (刘正有)
Liu Xianbin (刘贤斌)
Chen Wei (陈卫)

Heilongjiang Province:
Zhao Jingzhou (赵景洲)
Chen Huijuan (陈惠娟)

For more information, please see:

Liu Xiaobo under Residential Surveillance at Undisclosed Location (January 2, 2009)
http://www.crd-net.org/Article/Class9/Class98/200901/20090102142014_12798.html

Police Summon Beijing Intellectual Zhang Zuhua, China Continues Crackdown on Charter 08 (December 29, 2008),
http://www.crd-net.org/Article/Class9/Class98/200812/20081229092309_12717.html

Crackdown on Charter 08 Widens as More Activists are Interrogated and Intimidated (December 16, 2008),
http://www.crd-net.org/Article/Class9/Class98/200812/20081216212554_12417.html

Chinese Government Responds with a Crackdown on Activists for Commemorating 60th Anniversary of UDHR (December 10, 2008),
http://www.crd-net.org/Article/Class9/Class98/200812/20081210085443_12282.html

CHRD: China Human Rights Briefing

2008-12-31 11:35:56
http://crd-net.org/Article/Class9/Class10/200812/20081231113556_12767.html

Reporting human rights development from the grassroots

December 1-15, 2008

HIGHLIGHTS

On December 9, a group of 303 Chinese citizens launched Charter 08, a declaration that outlines a vision for a democratic China and establishes a platform for citizen action. More than 5,000 people have since added their names to the Charter. The Charter and discussions about it have spread over China's internet faster than cyber-censors' attempts to squelch them.

A day before the launch of Charter 08, police took into custody Liu Xiaobo and Zhang Zuhua, two Beijing-based dissident intellectuals the authorities believe to be the Charter's organizers. Although Zhang was later released, Liu remains in custody on suspicion of "inciting subversion of state power".

As of December 18, CHRD has documented official harassment of at least 48 other Charter signatories. Authorities in Guizhou illegally and secretly detained three activists, now released, to prevent them from publicly commemorating the 60th anniversary of the Universal Declaration of Human Rights on December 10, in direct contradiction of the government's claim in November that "the accusation that China was obstructing NGOs from publicizing human rights instruments 'is groundless".

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TABLE OF CONTENTS

* Freedom of Expression

o China's Censors Block or Delete Charter 08

* Right to Participate in Government

o Hubei Villagers Protest Appointment of Unelected Village Secretary

* Harassment and Persecution of Rights Activists

o Prominent Dissident Intellectual Liu Xiaobo Remains in Police Custody

o Crackdown on Charter 08 Widens as More Activists are Interrogated and Intimidated

o Guizhou Human Rights Activists Released

o Olympics Protest Applicant Held Incommunicado in Fujian Province

o Exiled Tiananmen Student Leader Detained during Family Visit to China

* Harassment and Persecution of Petitioners

o Petitioners Detained for Walking around Tiananmen Square Wearing Complaint T-shirts

o Petitioners Intercepted in Beijing and Forcibly Returned to Wuhan

* Right to Fair Trial

o Falun Gong Practitioner Convicted Without Access to Legal Counsel

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

o Petitioner and Activist Liu Jie's Application for Release for Medical Treatment Denied

o Olympics Prisoner Yang Chunlin Forced to Perform 14 Hours of Daily Labor

o Member of Pan-Blue Alliance of Chinese Nationalists Tortured in Prison

o Hubei Villagers Seriously Injured in Violent Land Seizure

* Regulation and Policy Watch

o Wuhan Passes Regulations to Protect Rights of Mentally Ill

o Zhejiang to Protect Migrant Children's Right to Education

* Citizens' Actions to Defend Human Rights

o Chinese Citizens Launch Charter 08

o CHRD Calls on the Government to Ratify International Covenant on Civil and Political Rights

* Notable CHRD Publications

o CHRD's Latest Report Finds No Decrease in Media Censorship in China

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VACLAV HAVEL: China's Human-Rights Activists Need Support

http://online.wsj.com/article/SB122964944665820499.html

* DECEMBER 19, 2008

China's Human-Rights Activists Need Support
The signatories of Charter 08 face the wrath of the state.

By VACLAV HAVEL
Prague

In January 1977, a group of Czechoslovak citizens, of which I was privileged to be one, released Charter 77. That document was our call for the better protection of basic civil and political rights by the state. It was also the articulation of our belief that, as citizens, we had a certain responsibility to work with the Czechoslovak government to ensure through our vigilance that basic rights would be protected.

With the release of Charter 77, we wanted to create not a membership organization, but instead, as I wrote then, "a free, informal open community of people of different convictions, different faiths, and different professions united by the will to strive, individually and collectively, for the respect of civic and human rights in our own country and throughout the world."

More than three decades later, in December 2008, a group of Chinese citizens has taken our modest effort as their model. They have made a similar call -- for human rights, good governance and respect for the responsibility of citizens to keep watch over their government -- to ensure that their state plays by the rules of a modern open society.

The document they have issued is an impressive one. In it, the authors of Charter 08 call for protection of basic rights, increased judicial independence, and legislative democracy. But they do not stop there. With the passage of time, we have come to realize that a free and open society means more than the protection of basic rights. To that end, the signatories of Charter 08 also wisely call for better environmental protection, a bridging of the rural-urban divide, better provision of social security, and a serious effort to reconcile with human-rights abuses committed in decades past.

The original signatories, who number more than 300, come from all walks of life, and from across China -- a testament to the broad appeal of the ideas put forward in Charter 08. Among the signatories are China's top minds from law, political science, economics, the arts and culture. Their decision to sign onto such a document was surely not taken lightly, and their words should not be so brusquely brushed aside. Since the Charter was released, more than 5,000 men and women have added their names to it.

China in 2008 is not Czechoslovakia in 1977. In many ways, China today is freer and more open than my own country of 30 years ago. And yet, the response of the Chinese authorities to Charter 08 in many ways parallels the Czechoslovak government's response to Charter 77.

Rather than respond to our offer of engagement with dialogue and debate, the Czechoslovak government instead chose repression. It arrested some of the signatories, interrogated and harassed others, and spread disinformation about our movement and its aims.

So too has the Chinese government declined the invitation to discuss with the signatories of Charter 08 the merits of their proposal. Instead, it has detained two signatories, Liu Xiaobo and Zhang Zuhua, both of whom the government has identified as lead actors in its creation. Mr. Zhang has been released, but Mr. Liu, a prominent writer and intellectual, is still being held incommunicado without charge.

Dozens of others have been interrogated, and an unknowable number are being watched by state security agents as they make phone calls and type email messages on behalf of their jailed comrades. Soon after Charter 77 was issued, I was arrested for the commission of "serious crimes against the basic principles of the Republic." It is feared that Mr. Liu will be charged with "incitement to subvert state power," a similarly arbitrary crime.

I am saddened by this turn of events, and my thoughts are with Liu Xiaobo's wife, Liu Xia, who has yet to be given the opportunity to speak with her husband. The Chinese government should learn well the lesson of the Charter 77 movement: that intimidation, propaganda campaigns, and repression are no substitute for reasoned dialogue. Only the immediate and unconditional release of Liu Xiaobo will demonstrate that, for Beijing, that lesson has been learned.

Mr. Havel is the former president of the Czech Republic.

ZENG Jinyan: On HU Jia's behalf for Acceptance of the Sakharov Award

Dear friends, Hello,

I am Hu Jia's wife, Zeng Jinyan. Hu Jia is currently in prison and so is unable to come to the ceremony to receive his Sakharov Prize.

I don't have a passport so I cannot come to Europe either to attend the ceremony for the Sakharov Prize's 20th anniversary. We are deeply sorry about this.

The good news is that Hu Jia was transferred on 10 October 2008 from Chaobai prison in Tianjin to the Beijing municipal prison, and that the conditions in which he is being held have improved. As for his health, he is looking a little better. He seems to be in slightly better shape than he was in Chaobai prison.

However, he had two blood tests in the space of a month and we don't know what the results were. Although we asked for them, the results of the tests have not been given to the family. This behaviour worries us. It makes us fear that his cirrhosis has got worse.

I visited Hu Jia in the Beijing municipal prison on 21 November 2008. Before our meeting, we were both warned separately by the prison authorities that we were forbidden to talk about the fact that he had been awarded the Sakharov Prize.

So, during my visit, neither of us was able to talk about the prize. We weren't able to discuss it by letter either, as all our correspondence is inspected. Even if all we do is express a view about social phenomena or if Hu Jia talks about the prison, when the prison authorities are not happy with it, our letters are confiscated or Hu Jia's letters are returned to him. We very much hope to be able to communicate more normally, but for the time being it is very hard.

At the end of October 2008 or beginning of November, I am not exactly sure which, State Security police officers told Hu Jia he had won the Sakharov Prize.

And when I saw him on 21 November, I could sense that he was very happy about it. I know that Hu Jia spoke to his mother and to the policemen about it. These are more or less his words:

"Perhaps the European Parliament was thinking of the work I did in the areas of AIDS and the environment, because what I did in terms of human rights was very far from sufficient and I will need to redouble my efforts."

He also said this Sakharov Prize was very important for China and he was confident that the future would prove him right. Obviously, from my personal viewpoint, I hope he comes home as soon as possible. Hu Jia said one day that he hoped to be China's last prisoner of conscience but the reality is very different. Since the day of his trial, on 3 April, there have been others such as Huang Qi, Zeng Honglin and Chen Daojun who have been arrested by the authorities because their expressed their views publicly. And some of them have been tried and given prison sentences.

This shows that the situation of freedom of opinion is still absolutely appalling and that there is no reason for optimism.

But even in these circumstances, there are now a great many exceptional people and people of goodwill in Chinese society who are going to great lengths to find ways to make the real situation in China known, and to express deeply-felt views, and the Internet is providing them with a very interesting platform. But unfortunately there is sometimes a very high price to be paid for this.

If the truth be told, sometimes one's courage is not enough. Sometimes the price to be paid is very, very high. There have been cases in which, after human rights activists, writers and others have used their freedom of thought, their relatives have also been harassed by the police, have lost their jobs or have been put under house arrest. And more serious still, some have even been tried and convicted.

Hu Jia had himself been illegally kidnapped several times by the police since 2004, without any form of legal procedure. He was constantly followed and in the end he was given a prison sentence. And I, who am his wife, I am often harassed by the police.

Others are in the same situation, such as Chen Guangchen and his wife, Guo Feixiong and his wife, and even their child, who has been denied his right to education. Thanks to many appeals from different quarters, Guo Feixiong's children were later able to go back to school although in circumstances that are not very satisfactory.

For all these reasons, I would like to respect the desire that Hu Jia has expressed on many occasions. He has often said he would like to set up a support network to help the families of human rights activists. To provide moral support for the families, to ease their mental and life pressure to which they are subjected. So that they can be strong enough to face the pressure of the authorities in a more active and optimistic manner, and to discourage cruel revenge-taking on families.

I cannot at the moment do very much but I would like to use the 50,000 euros of Hu Jia's Sakharov Prize as start-up money, to establish a foundation to support the families of human rights activists and to finally realise what Hu Jia had always wanted.

Why is the human rights work done by Hu Jia so difficult?

I think this is mainly because China's legal system is not satisfactory. There are laws, there are all sorts of articles and regulations, some are well written, but they are not applied.

In reality, the situation of the rule of law is disastrous. The judicial system has no independence. Until 2004, Hu Jia devoted most of his activity to the problems of AIDS and the environment. He spent a lot of the time in the field, on campaigns, where people needed him to take concrete action.

Then, from 2004 onwards, the police regularly denied him his freedom of movement and he had no other choice but to participate in human rights movements from his home, writing articles and publishing reports from the field.

I think that during all these years, the most important and most interesting thing he did was to have constantly persisted in saying the truth. He never stopped writing about the phenomena he observed. He never stopped describing, one by one, all the realities that the Chinese media cannot say. He never stopped publishing all this on websites so that the public could learn about the reality of China and understand it.

In my view, this has been his greatest contribution.

If you look at China now, you see everyone talking, but lying is very widespread. Nonetheless, there are people who continue their quest for the truth. Because the school textbooks our children study, our newspapers and broadcast media, our libraries and all these documents and files, they all resemble what you find in the novel 1984. They are written in another language to describe a fictitious reality.

What is the real situation, the real China? We do not know.

That is why there is a group of thinking people, like Hu Jia, in China who have never abandoned their quest for the truth. But Hu Jia has paid a very heavy price.

Our child is now just one year old. This is a key period in her life but Hu Jia is not able to be at her side. It is very difficult for me to talk about this, but I think…

And then Hu Jia has also always been very optimistic. He said he thought China was experiencing the most open period of its history, that you had to seize the opportunity to more effectively promote a fairer, freer and more democratic society in China.

We can indeed see this in our daily life, although the government still has very tight control over the media and over freedom of association, and perhaps even tighter control with the use of new technology. But on the other hand, civil society also uses the new technology and the platform that the Internet provides to actively promote a fairer judicial system and a more just society, and to investigate and expose the real China.

And to carry out citizen education, to educate citizens about human rights. It is a real hope: whether the government wants it or not, and whether leading figures inside or outside China recognise it or not, China is moving at great speed towards an open and democratic society.

I would finally like to say that, whatever happens, we must maintain an active and optimist attitude and pursue our efforts to promote the rule of law in China, to promote democracy and freedom in China.

We are full of hope of soon being able to hail the arrival of an open China. We are full of energy for China to become a country at peace.

I would like to thank our European Parliament friends from the bottom of my heart. The European Parliament has from the outset taken an interest in Hu Jia's case and has deployed considerable efforts on behalf of freedom for Hu Jia and other Chinese human rights activists, efforts that demand respect.

It has also never stopped drawing attention to the need for freedom to become a reality for the people of China. Thank you, thank you very much.

I would also like to take this opportunity to thank all those friends who I have never seen. If you had not supported us for so long, if you had not taken an interest in our fate, if you had not constantly encouraged us, I think we would never have found the courage to confront such a difficult social reality.

It helps us to keep hope and to continue our efforts.

I thank you. Thank you for all the efforts you have undertaken for Hu Jia, for me and for our family. Thank you for your efforts on behalf of human rights activists and you contribution to the progress of Chinese society.

Thank you.

Thank you, thank you. And goodbye.

(based on subtitles of the videoed speech; source: China News Digest)

Charter '08 Signatories: Liu Xiaobo Is Indivisible from Us

-- A Statement by Signatories of Charter 08

15 December 2008

On the night of 8 December 2008, Mr. Liu Xiaobo was taken away from his home by the police and he has not yet returned. We have learned that Mr. Liu Xiaobo is being detained for initiating and signing Charter 08. We are deeply concerned and worried about his detention and insistently call for his immediate release.

We co-signed Charter 08 with Xiaobo because we share the same understanding of the current reality in China and the same feeling of urgency, the same sense of responsibility for the future and destiny of our motherland, and the common ideals of freedom and equality which our nation has been fighting to pursue.

Because we share these views and values, we have got an indivisible relationship with Mr. Liu Xiaobo. The Charter 08 is regarded as our soul, and everyone of us is its body, which has made us as a whole. If Mr. Liu Xiaobo is hurt for his signing of the Charter, then it is hurting each of us. if Mr. Liu Xiaobo cannot be freed, then all of us are being imprisoned together.

Every one of us is an initiator of Charter 08. What we want to express has been reflected in this well-known public document, and we have nothing else to hide.

There is therefore no need for Mr. Liu Xiaobo to take responsibility for us. This case is different from anything that has come before. Every one of us is ready to take responsibility for the statement. Mr. Liu Xiaobo's current situation will not deter us. As long as each of the signatories adheres to this, our conviction will never die, and that the spirit of Charter 08 will never die.

Therefore, we strongly appeal for Mr. Liu Xiaobo to be able to return home as soon as possible. His freedom is our freedom.

Signatories of Charter 08:

SHA Yexin, ZHANG Zhuhua, XU Youyu,

HU Fayun, CUI Weiping, AI Xiaoming,

LIU Junning, HE Weifang, LIANG Xiaoyan,

ZHA Jianying, JIANG Qisheng, ZHAO Cheng,

LI Gongming, HAO Jian, Woeser (Tsering Woeser),

JIANG Danwen, LI Hai, FU Guoyong,

YU Shicun, LU Xuesong, ZHAO Dagong,

QIN Gen, FAN Yafeng, MA Shaofang,

WANG Xiaoshan, LI Jianhong, WANG Debang,

YE Du, TIAN Deyong, ZHANG Hui,

WANG Junxiu, ZAN Aizong, LIU Lu,

YAO Bo, TENG Biao, WEN Kejian,

ZHANG Dajun, GUO Yushan, ZOU Wei,

LIU Di, MO Zhixu
(more to sign)

Human Rights Watch: China: Retaliation for Signatories of Rights Charter

Source: Human Rights Watch (12/10/08):
http://www.hrw.org/en/news/2008/12/10/china-retaliation-signatories-rights-charter

For Immediate Release

China: Retaliation for Signatories of Rights Charter
Critic Liu Xiaobo Remains in Police Custody

(New York, December 10, 2008) ­ The drafters and signatories of an historic public appeal for human rights and democracy in China are facing unprecedented retaliation by the government, Human Rights Watch said today. Several prominent signatories of the document, "Charter 08," have been detained by the police, and at least 10 other people have been questioned in connection with the document. The Charter was published on December 10 to celebrate the 60th anniversary of the Universal Declaration of Human Rights.

"To commemorate human rights day by harassing signatories of a petition and arresting leading dissidents suggests that the Chinese government remains hostile to fundamental rights including expression and association," said Sophie Richardson, Asia advocacy director at Human Rights Watch. "Indeed, it calls into question the government¹s intention to draft a national human rights action plan, when the exercise of such basic rights is curtailed."

Concern is mounting over the case of Liu Xiaobo, one of China¹s most well-known dissidents, who remained in police custody 48 hours after he was taken away from his home on December 8. According to Zhang Zuhua, a co-signatory detained at the same time and released after 12 hours, Liu may have been placed under formal criminal detention on suspicion of "incitement to subvert state power." Liu, a writer, a former teacher at Beijing Normal University, and the director of the independent Chinese PEN Center, is a veteran of the 1989 Tiananmen Square protests. He has repeatedly been subject to various forms of incarceration, including house arrest.

The Charter, which urges putting human rights, democracy, and the rule of law at the core of the Chinese political system, was signed by more than 300 people from a cross-section of society, and by several prominent figures including retired party officials, former newspaper editors, members of the legal profession, and human rights defenders.

[Please read the Charter in English at New York Review of Books, translated by Perry Link]

Human Rights Watch called for the Chinese government to immediately and unconditionally release Liu Xiaobo and other signatories detained or questioned in connection with the Charter. Human Rights Watch urged foreign governments to convey to the Chinese government their expectation that none of the signatories would be punished for simply exercising their right to free expression, including in criticizing China¹s political system. Although China¹s Constitution recognizes the right to free expression, this right is vitiated by provisions that preclude criticisms of the Communist Party of China.

"By affixing their names to the Charter the signatories knew they would face official retribution," Richardson said. "Their courage must be recognized, and their actions defended."

For profiles of Chinese human rights advocates in jail, under house arrest, or under police surveillance, please visit:

http://china.hrw.org/hu_jia_and_chinas_rights_defenders

For more information, please contact:

In Hong Kong, Nicholas Bequelin (English, French, Mandarin): +852-8198-1040 (mobile)

In Washington, DC, Sophie Richardson (English, Mandarin): +1-202-612-4341; or +1-917-721-7473 (mobile)

In London, Brad Adams (English): +44-20-7713-2767; or +44-790-872-8333 (mobile)

Ran Yunfei: Liu Xiaobo Must be Freed

Source: The Guardian (12/12/08):
http://www.guardian.co.uk/commentisfree/2008/dec/12/human-rights-liu-xiaobo

Reclaiming China's Rights

Liu Xiaobo, an author of the '08 Charter calling for constitutional reform in China, has been detained. He must be freed

By Ran Yunfei

The 60th anniversary of the Universal Declaration of Human Rights witnesses more human rights violations in China. A couple of days ago, police in Shanghai detained Liu Xiaobo, an intellectual and human rights activist, who had been in and out of prison in the last two decades because of his activism.

The reason this time is the '08 Charter, a document calling for constitutional reform in China, initiated by Liu Xiaobo and his colleagues, and signed by more than 300 people, including me. Hearing the news, I felt not only angry, but also pity towards the authorities whose fierce reaction can't disguise the fear underneath. One will always claim and protect one's rights. No authority can stop that.

As ordinary people, we just want to live a normal and peaceful life. But we want to live it with dignity. The coming economic crisis has made many people more alert to their rights, or lack of them. In China, the current crisis is not only the consequence of a global economic crisis, but also the result of a corrupt and authoritarian one-party system. Many people live a hard life not because of the downturn of the world economy, but because their rights have been taken away by the authorities. I know many intellectuals like Liu Xiabo who champion a peaceful and non-violence approach to achieve political reform. However, others may not be so patient. There have already been numerous instances of social unrest in China recently. To make things worse, the authorities seem to know only one response: to suppress any incident, which inevitably worsens the crisis.

This critical social situation is the circumstance under which Liu Xiaobo and his colleagues produced the '08 Charter. It is moderate, reasonable, pragmatic, dedicated to reaching reconciliation after revealing the truth. People's rights and society's interests are at its heart. It is not perfect. But among all the documents I have ever signed, it is the most important one.

For the last century, Chinese people have sacrificed life and blood in the hope of achieving a constitutional republic. What we eventually got was more brutal rule. We can't blame it all on tradition or culture. It also has something to do with the shortsightedness of many people, who ignored the bottom line to chase immediate gains, and sacrificed the future for short-term compromises. We understand that we have to compromise, which is part of democracy, but we must insist upon certain principles, such as respect for human beings and protection of basic rights.

The '08 Charter is a non-partisan document. Efforts were made to reach a compromise. Our aim is to save, not to destroy, the society we are in ­ a society that is highly volatile, increasingly divided and threatened by deepening economic crisis. But the authorities, who are so used to controlling society using inflexible and violent means, won't even tolerate the existence of a document that calls for sensible, moderate, pragmatic approaches. Arresting Liu Xiaobo and interrogating many other signatories shows that the authorities are now descending to the threat of violence. Such a threat will only ignite more resistance.

I am calling on the Chinese authorities to recognise the will of the people, to gradually implement political reforms, to give hope back to the people. We know hope will give people extraordinary motivation to live their life and to change their behavior. A community with no hope will only release destructive energy. People within the establishment can't detach themselves if the communities around them collapse. In other words, if the authorities fail to protect people's rights, they won't be able to protect themselves later on. Some may believe money and power can save them. They can't.

Chinese people still don't have the human rights they deserve. For 60 years, people of this land have been waiting for the day of freedom and democracy. In the last 20 years, people like Liu Xiaobo have fought for human rights on our behalf. Today in China, when we enjoy some freedom and rights, we shouldn't forget what people like him have done for us. I urge the authorities to release Liu Xiaobo as soon as possible. I also call on the government to start to reform the political system so that it can effectively protect people's rights.

This blog originally appeared in Chinese
http://www.bullog.cn/blogs/ranyunfei/archives/239385.aspx

The Times: Wei Jingsheng's cry for democracy in China echoes down 30 years

Jane Macartney in Beijing, December 5, 2008

On a bitterly cold winter night 30 years ago, an electrician from Beijing Zoo took the step that would cost him decades of freedom and create China's most defiant prisoner of conscience.

Wei Jingsheng was 28, invigorated by the tide of optimism and unprecedented freedom of expression that followed the death of Chairman Mao in 1976, but angry at signals that Deng Xiaoping wanted public discussion to end. He made his way to the focus of the debate, a brick wall dubbed "Democracy Wall", beside a bus station just west of Tiananmen Square on the Boulevard of Eternal Peace.

There he pasted up a paper demanding an addition to Deng's drive to bring Four Modernisations to China after the chaos of the Cultural Revolution. Mr Wei called for a "Fifth Modernisation": democracy.

Three decades later, speaking from Prague, where he is attending a ceremony to honour his action, Mr Wei has no regrets. "My years in prison were tough, but I was happy. It was worth it, and I would do it again."

In the winter of 1978 Democracy Wall had become the most exciting spot in Beijing. Hundreds of people would gather there each evening and into the night to read the latest essays posted by usually anonymous writers discussing freedom, democracy and the future of China as it broke free of the straitjacket of orthodox Marxism.

About 300 people were huddled against the cold on the night that Mr Wei went public with his ideas. A small square backed by a gleaming shopping centre now marks the spot.

China's most famous dissident told The Times: "At the time I was so determined that I was ready to die. To speak ill of the Communist Party then was to sign your own death warrant, so it was a surprise for me to remain alive. I felt it was essential for someone to speak out."

Mr Wei was arrested in March 1979, accused of selling military secrets to foreign journalists and sentenced to 15 years in prison, mostly in solitary confinement. He was released on medical parole in 1993 - just as China was applying to stage the 2000 Olympics - and vowed to revive the democracy movement. He was rearrested the next year and sentenced to 14 years for subversion. He was sent forcibly into exile in the United States in 1997.

Now an advocate for greater democracy and human rights in China, Mr Wei believes that the Communist Party has sown the seeds of its own demise by failing to implement political reforms as well as economic change. "This path will bring serious consequences," he said. "The Communist Party and the people are at a crossroads and there are only two choices: the Communist Party can push political reforms or the people will lose patience and overthrow the party."

He also predicted violence as a consequence of a rapidly widening gap between rich and poor. "This makes me very worried: worried about social chaos and that people are ready for revenge. So I think violence is getting closer and the chance of a will for peace is drawing further away."
__ __ __

Speaking out

- Hu Jia, a prominent dissident serving a three-year jail sentence for subversion, won the EU Sakharov prize for human rights this year.

- Shi Tao, was jailed for ten years after being convicted in 2005 for divulging state secrets by posting on the internet a Chinese government order banning media groups marking the anniversary of the Tiananmen Square massacre.

- Bao Tong, a former member of the Central Committee of the Chinese Communist Party, fell out of favour in 1989 and spent seven years in solitary confinement. He is now under house arrest in Beijing.

original link:
http://www.timesonline.co.uk/tol/news/world/asia/article5289472.ece

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