Chen Kegui Sentenced in Apparent Retaliation Against Chen Guangcheng; Petitioner Killed Over Land Grab Conflict; and more

China Human Rights Briefing
 
November 29-December 3, 2012
 
Contents
 
Arbitrary Detention
    •    Chen Kegui Gets 39-Month Sentence in Apparent Retaliation Against Chen Guangcheng
    •    Petitioners Forcibly Held in Psychiatric Hospitals More Than 5 Years

Land Expropriation
    •    Shanxi Villager Stabbed to Death After Petitioning Over Land Grab

Special Notice
    •    CHRD Makes UN Submission on Behalf of Jailed Ailing Scholar Lü Jiapin
    •    CHRD Submits Update to UN on Behalf of Imprisoned Dissident Zhu Yufu

 
Arbitrary Detention
Chen Kegui Gets 39-Month Sentence in Apparent Retaliation Against Chen Guangcheng

Chen Kegui (陈克贵), the nephew of activist Chen Guangcheng (陈光诚), has been sentenced to 39 months in prison in what is widely seen as further retaliation against his uncle, who fled house arrest in Shandong Province in late April. In brief closed proceedings on November 30, the Yinan County People’s Court convicted the 33-year-old Chen of “intentional injury,” a charge tied to an altercation that broke out when authorities invaded his family’s home after Chen Guangcheng’s escape. Chen Kegui’s family learned of the trial only hours before it began, and police prevented his father, Chen Guangfu (陈光福), from entering the courthouse. Held incommunicado for nearly seven months, the defendant has been denied access to counsel authorized by the family, and authorities instead appointed lawyers for him. During the trial, Chen Kegui reportedly stated that he would not appeal the sentence, spurring speculation that he is under intense pressure from authorities.[1]

 
Petitioners Forcibly Held in Psychiatric Hospitals More Than 5 Years
Two petitioners have been held by local officials against their will in psychiatric institutions for more than five years, according to a recent report. Xing Shiku (邢世库) has been detained for nearly six years in a psychiatric hospital in Harbin City. In February 2007, he was taken back from Beijing by interceptors led by the head of a local letters and visits bureau and put into an institution. While forcibly held, Xing has reportedly been watched over by thugs and retrained by having his hands tied to a bed. In Hunan Province, Peng Shumei (彭淑梅), a 74-year-old petitioner, has been involuntarily held in a psychiatric hospital for five years, and an official has threatened to detain Peng until she dies. As covered in a report by CHRD, authorities in China are known to forcibly keep petitioners in psychiatric institutions in an effort to silence them. Even the passage of China’s first Mental Health Law, to go into effect next May, leaves doubts that involuntary psychiatric commitment of such individuals will end.[2]
 
Land Expropriation
Shanxi Villager Stabbed to Death After Petitioning Over Land Grab

A Shanxi villager who had lost land to expropriation by local authorities was stabbed to death on November 24, just hours after he had turned down a real estate developer’s offer of money if he stopped petitioning. For the past five years, Qiao Baoshan (乔宝山) had unsuccessfully sought compensation over his loss of collective-owned land, and in September Qiao had been beaten when he went to negotiate with the developer. A message from the developer was recently conveyed to Qiao, offering payment if he ceased his petitioning; however, Qiao refused and four hours later he was stabbed to death in his home. The police caught the suspect, but the case was turned over to a district party discipline commission, which is apparently set to handle the case in cooperation with officials from a township party committee and a village committee. This turn of events not only places the case well outside the normal criminal justice process, but in effect hands over the fate of the Qiao’s suspected killer to those who may have been complicit in the murder.[3]

Special Notice
CHRD Makes UN Submission on Behalf of Jailed Ailing Scholar Lü Jiaping
 
On November 29, CHRD submitted allegations of human rights violations to Special Procedures of the United Nations Human Rights Council on behalf of Lü Jiaping (吕加平), a dissident and military historian imprisoned for writings critical about the Chinese Communist Party. Dealing with several illnesses, the 72-year-old Lü is serving a 10-year prison sentence for “inciting subversion of state power” in Shaoyang City Prison in Hunan Province. Lü was taken into custody in September 2010 and then placed under “residential surveillance” in Beijing before being convicted in a closed court hearing in May 2011. In its verdict, the court cited as “evidence” articles by Lü posted on overseas websites that allegedly “spread rumors” about and “slandered” CCP leadership. Lü reportedly suffered a heart attack in late 2011, has spat up blood while in prison, and has had great difficulty sleeping, standing up or walking. Despite Lü’s advanced age and increasingly poor health, authorities have not even responded to requests by his family to release him on medical parole.[4]
 
CHRD Submits Update to UN on Behalf of Imprisoned Dissident Zhu Yufu
 
On November 30, CHRD submitted an update to UN Special Procedures on the case of democracy activist and writer Zhu Yufu (朱虞夫), who is serving a seven-year prison sentence for “inciting subversion of state power” in Zhejiang Provincial No. 4 Prison. According to his family, Zhu’s already poor health has taken a turn for the worse, and he is being deprived of basic rights. In light of Zhu’s dire health condition, his wife plans to apply again for his release on medical parole; a prior application, in July 2011, was denied. In July 2011, CHRD submitted an urgent appeal to the UN on Zhu’s behalf, and also provided comments this past June to a Chinese government reply to the UN about Zhu’s case.[5]
 
Edited by Victor Clemens and Ann Song

[1] “Chen Guangfu Thinks ‘Farce Is Certainly Behind’ Chen Kegui’s Decision Not to Appeal” (陈光福认为陈克贵不上诉“这后面肯定有戏”), November 30, 2012, WQW; “Chen Guangfu Files Petition at Linyi Intermediate People’s Court Against Yinan County PSB, Shuanghou Town Government” (陈光福向临沂中院起诉沂南县公安局和双堠镇政府), October 15, 2012, WQW; “Chen Kegui, Chen Guangcheng’s Nephew, Has Case Submitted to Procuratorate” (陈光诚侄子陈可贵案已移交检察院), October 13, 2012, WQW; “Human Rights Lawyer Chen Wuquan Seized by Police in Guangzhou” (人权律师陈武权在广州被警方带走), September 18, 2012, WQW; “Guangzhou Lawyer Chen Wuquan Deprived of Annual Inspection and Renewal For Representing Chen Kegui” (广州律师陈武全因代理陈克贵案被变相剥夺年检考核), September 14, 2012, WQW; “Chen Guangcheng: A Special Bulletin – Updates on Situation of Chen Guangcheng & His Family Members, Relatives & Supporters Since Chen’s Flight for Freedom,” September 18, 2012 (updated), CHRD; “Police Officer Who Entered Home in Chen Kegui Case Given Detention, Officials Threaten Chen Guangfu” (陈克贵案入室警察被拘留，陈光福遭官员威胁), June 29, 2012, WQW; “China Human Rights Briefing: Special Edition – Lawyers Pose Challenge After Police Prevent Meeting With Chen Kegui,” May 22, 2012, WQW; “China Human Rights Briefing: Special Edition – Shandong Police Torture Chen Guangfu, Brother of Chen Guangcheng, As Relatives Live in Fear,” May 16, 2012, CHRD; “The Chinese Government Must End Persecution of Chen Guangcheng, His Family & Supporters, Seek Accountability,” April 27, 2012, CHRD; “Chen Guangcheng Escapes, Several Relatives Seized” (陈光诚出逃多名亲人被抓), April 27, 2012, WQW
 
[2] “Petitioner Xing Shiku Detained In Psychiatric Hospital for Six Years, Human Rights Laws Like Wastepaper” (访民邢世库被囚精神病已近6年，人权法案形同废纸), November 30, 2012, HRCC
 
[3] “Shanxi Village’s Land Expropriated, Killed Due To Go Petitioning” (山西村民土地被强占，因上访深夜被砍死), November 28, 2012, WQW
　
[4] Submission to UN on Lü Jiaping – November 29, 2012, CHRD
 
[5] Update to UN on Urgent Appeal of Mr. Zhu Yufu – November 30, 2012, CHRD; Submission to UN on Zhu Yufu - July 11, 2011, CHRD