China Human Rights Briefing Weekly   September 14-21, 2010

Highlights

• Young AIDS Activist Goes on Trial: AIDS activist Tian Xi (田喜) was tried for “intentional destruction of property” in Henan Province on September 21. About a hundred netizens and activists arrived to show their support, protesting against the government’s persecution of the young man, who contracted the disease as a boy by a tainted blood transfusion. The verdict will be issued as a later date.
• China Democracy Party Organizer Released: Wu Yilong (吴义龙), one of the organizers of the China Democracy Party (CDP), was released from Zhejiang Province Number One Prison after serving an 11-year sentence for "subversion of state power" on September 14. The day before, another CDP organizer from Zhejiang Province, Chen Shuqing (陈树庆) was also released after serving his full sentence. In about two months’ time, a third CDP organizer, Qin Yongmin (秦永敏), will be released following a 12-year sentence.
• Activists Detained and Warned during Anti-Japan Protests: On September 18, day of the anti-Japan protests in China, at least nine activists and petitioner in Beijing and Guangzhou were detained, put under house arrest or warned to prevent them from participating in the protests.

Table of Contents

• Arbitrary Detention
  • Young AIDS Activist Tian Xi on Trial
  • Lawyer Sentenced to 2.5 Years for “Causing Bodily Harm due to Negligence”
  • Elderly Hubei Petitioner Beaten and Detained
  • Guilin Court Upholds Conviction of Villager for "Undermining Elections"
  • Case against Baihutou Village Chief Xu Kun Returned for Supplementary Investigation
  • Shandong Court Hears Landmark Case by Petitioner Challenging Detention in Black Jail
  • China Democracy Party Organizer Wu Yilong Released after 11 Years in Prison
  • Shandong Activist Chen Guangcheng Continues to be Under House Arrest
  • Guangdong Petitioner Missing Four Days after Being Seized by Police
• Freedom of Assembly and Association
  • Petitioner and Activist Detained for Participating in Anti-Japan Protests
  • Activists Warned and Subjected to Soft Detention during Day of Anti-Japan Protests
  • Court to Deliver Verdict against Chengdu Court Protestors
  • Activist Detained for Ten Days for Sending Twitter Messages about Cantonese Protests
• Forced Eviction and Demolition
  • Fujian Villagers Beaten and Detained for Resisting Forced Land Seizure
  • Three Village Representatives Detained for Petitioning about Forced Land Seizure
• Harassment of Activists
  • Human Rights Lawyer Jiang Tianyong and Family Harassed, Threatened
• Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
  • Husband and Son of Petitioner who Died in Black Jail Disappeared, Feared Detained
  • Police Admits that Man Was Beaten to Vegetative State by Fellow Detainees in Detention Center
  • Shanxi Man Dies in Detention Center, Family Challenges Claim of Suicide
  • CHRD Report to UN Committee against Torture Highlights Issues the Chinese Government Should be Asked to Address in its Next Periodic Report

ArbitraryDetentionYoung AIDS Activist Tian Xi on Trial

On September 21, young AIDS activist Tian Xi (田喜) wastried for “intentional destruction of property” by the Xincai CountyPeople’sCourt in Zhumadian City, Henan Province. The trial lasted for about 3.5hoursand the verdict will be issued at a later date. About a hundredsupportersarrived and 70 of them attended the trial. Tian, who appeared to beweak andemotional during the trial, was represented by Beijing lawyer LiangXiaojun (梁小军). Followingthe trial, Tian’s mother was forced into a vehicle and driven away byofficialsfrom Xincai government, while a dozen unidentified men threatened andtried toseize the video camera of activist and filmmaker He Yang (何杨). Inthe ensuing struggle one activist, Gao Jian (高键), had his hand injured.Policemen outside the courthouse looked on and did not intervene.

Tian, who is 23 years old, contracted AIDS as aboy as the result of a blood transfusion. According to Tian’s father,Tian waslured back to Xincai County, Henanfrom Beijing by the county Partysecretary, who promised to resolve his case. However, once Tianreturned, hewas treated dismissively and ignored by both the Party secretary andthedirector of Number One People’s Hospital, with whom Tian had gone tospeakabout obtaining more medicine. Following an argument with the hospitaldirectorin which he allegedly broke some tea cups and other office items, Tianwasseized by local police on August 6. On August 23, Tian was formallyarrested.He is currently being held in the Shangcai CountyDetention Center in Henan (CHRD)[i]

Lawyer Sentenced to 2.5 Years for “CausingBodily Harm due to Negligence”

Beijing lawyer Wang Yu (王宇) wassentenced to 2.5 years in prison for “causing bodily harm due tonegligence” onSeptember 21 following a re-trial of her case by the Tianjin RailwayCourt.Wang says she will appeal the verdict. On May 4, 2008, Wang got into adisputewith four railway workers at the Tianjin West Railway Station. Wang,who saidshe was hit by the workers, was later seized and charged with“intentionalinjury.” She was tried on July 15, 2009 and later sentenced to 3 yearsinprison by the TianjinRailway Court. However, the judgment wasoverturned by theBeijing RailwayIntermediate Courton August 10, 2010, which ordered a re-trial of the case due to“insufficientevidence.” Wang’s supporters and fellow lawyers have argued that it isunconstitutional for the railway system to run a parallel system ofpolice,procuratorate and courts, and that Wang’s case is a perfect example ofhoweasily the system is abused to persecute individuals who irk railwayofficials.(CHRD)[ii]

Elderly HubeiPetitioner Beaten and Detained

On September 19, Xu Wanying (许万英), anelderly petitioner from Xiangfan City in Hubei Province was seized andtakenaway for attempting to distribute leaflets in Tiananmen Square abouttheinjustices she has suffered. Xu’s whereabouts are currently unknown andfellowpetitioners are worried about her, particularly her health. Xuhas been petitioning for years on behalf of her son, whom she believesto havebeen murdered but whose case police have been unwilling to investigate.(CHRD)[iii]

GuilinCourtUpholds Conviction ofVillager for "Undermining Elections"

CHRD learned on September 16 that the GuilinCity Intermediate Court in Guangxi Zhuang Autonomous Region had upheldtheconviction of Quanzhou County villager Wang Bingrong (王兵荣) for “undermining elections.”Wang had appealed his conviction on August 24, but neither his lawyernor hisfamily received any notification from the Guilin City Intermediate Courtregardingthe case until the verdict was delivered to Wang's wife on September16.According to Wang's lawyer and wife, each time they asked the court forinformation after August 24 they were told that "the case had not yetbeentransferred to the court." Wang was taken into police custody on March27,2010 and charged with attacking election officials, destroying ballotboxes andtearing over a hundred ballots during an election of the local people’scongresses at the county and township levels on September 15, 2006.However,Wang claimed that he merely confronted the election officials anddemanded thatthey explain a number of procedural violations. When the officialsrefused toanswer Wang’s questions, arguments broke out, followed by some pushingandshoving on both sides. (CHRD)[iv]

Caseagainst BaihutouVillageChief Xu Kun Returned for Supplementary Investigation

CHRD learned on September 17 that the caseagainst Baihutou Village chief Xu Kun (许坤)and co-defendants Gao Shifu (高世福)and Zhang Chunqiong (张春琼)was returned to the police on the morning of September 16 forsupplementaryinvestigation. Xu and the others were detained in May 2010 on chargesof“operating an illegal business.” All of the detained villagers wereactive inresisting forced evictions; local officials have been trying torequisitionbeachfront property upon which these villagers had operated smallbusinesses tosupplement their meager income from fishing. BaihutouVillage is located in Beihai City,Guangxi Province. (CHRD)[v]

Shandong Court Hears Landmark Case byPetitioner Challenging Detention in Black Jail

On September 14, the Lixia District Court inJinan City, Shandong Province heard a lawsuit brought by Li Hongwei (李红卫)against the Lixia District people's government. Li, who is beingrepresented incourt by lawyer Ni Wenhua (倪文华), was detained for 17 days ina black jail located in Jinan's Dongyi Guesthouse by Lixia officials inlateFebruary and early March 2010. To counter her accusation that she washeld inan illegal detention center, the government is arguing that it wasproviding Liwith "free room and board" while offering her a "legal educationclass."

This is one of the first lawsuits brought by apetitioner against the government for illegal detention in a black jailthatwas accepted and heard in a Chinese court. In 2009, a guard at aBeijing blackjail was sentenced to eight years for raping a young woman held in thejail, LiRuirui (李蕊蕊).However, the court did not address the legality of the detention or theresponsibility of the Henangovernment, which ran the jail. (CHRD)[vi]

China Democracy Party Organizer WuYilong Released after 11 Years in Prison

On the morning of September 14, democracyactivist Wu Yilong (吴义龙) was released from ZhejiangProvince Number One Prison after serving an 11-year sentence for"subversion of state power." According to relatives, Wu is inrelatively good mental and physical health. Wu, an organizer for theChinaDemocracy Party (CDP) and spokesperson for the CDP’s ZhejiangProvincialPreparatory Committee, was sentenced to 11 years in prison in October1999.Though he was eligible for release on parole as early as November 2008,Wuserved his entire term because he refused to “admit his guilt” toprisonofficials. (CHRD)[vii]

ShandongActivist Chen Guangcheng Continues to be Under House Arrest

Nearly a week has passed since the well-knownhuman rights activist Chen Guangcheng (陈光诚) wasreleased from Linyi Prison in Shandong Province, yet he and his wifeare stillheld in their homes and not allowed to step out even for basicnecessities suchas food, according to fellow activist Zeng Jinyan (曾金燕).Even more worryingly, is that Chen has been barred from seeking medicalattention as he continues to suffer from an unknown intestinal ailmentthat hasinflicted him since July 2008. Reportedly, Chen’s brother has beenpreventedfrom visiting the couple in the last few days. (Zeng Jinyan)[viii]

Guangdong Petitioner Missing Four Daysafter Being Seized by Police

According to reports received by CHRD, Guangdongpetitioner Ma Shengfen (马胜芬) has been missing since she wasseized by police on September 10 in Guangzhou for trying to submit alawsuitagainst the Guangzhou government. Ma's family has not received anynoticeregarding her detention.

Ma, a migrant worker, filed a lawsuit with localcourts after she was denied wages owed to her and later attacked by hitmendispatched by her employer; she began petitioning for redress afterlosing thatsuit. She has been beaten by police on a number of occasions whilepetitioning.(CHRD)[ix]

Freedom of Assembly and AssociationPetitioner and Activist Detained forParticipating in Anti-Japan Protests

On September 18, Shenzhen petitioner Yuan Peiwei(袁佩玮)and Hunan activist Xiao Yong (肖勇) were detained for participating in theanti-Japan protests in Beijing and Guangzhou, respectively.

• In Beijing, Yuan was seized during the demonstration and was held over 12 hours at Chaowai Police Station before she was released. Yuan and a fellow petitioner went to apply for a permit to demonstrate at the Beijing Public Security Bureau (PSB) the day before, but their application was rejected.
• In Guangzhou, Xiao was seized on his way to the protest, and punished with 15 days of administrative detention for “inciting illegal protests.” Xiao is currently held at Shangshe Detention House in Guangzhou. (CHRD)[x]

Activists Warned and Subjected to SoftDetention during Day of Anti-Japan Protests

A number of human rights activists were putunder “soft detention” to prevent them from participating ordocumenting theanti-Japan protests on September 18. Beijing-based activists Zhang Hui (张辉), TengBiao (滕彪),A’er (阿尔)and Wang Lihong (王荔蕻) were subjected to soft detention in theirhomes by Beijing police while Guangzhou-based activists Xiao Yong (肖勇), TangJingling (唐荆陵)and Bei Fang (北风)were briefly taken away and warned against participating in theprotests by theGuangzhou police. (CHRD and CRLW)[xi]

Court to Deliver Verdict against Chengdu CourtProtestors

According to Civil Rights and Livelihood Watch(CRLW), the verdict in the case against ten protestors and activistsarrestedfollowing a February 2009 demonstration outside of the Chengdu City Intermediate Courtwill beannounced at 9:30am on September 28 at Leshan City IntermediatePeople’s Courtin SichuanProvince. The tendefendants—Bao Junsheng (鲍俊生), Huang Xiaomin (黄晓敏), Xing Qingxian (幸清贤), LuDachun (陆大椿),Yan Wenhan (严文汉),Ceng Rongkang (曾荣康), Liu Jiwei (刘继伟), Zeng Li (曾理), YangJiurong (杨久荣),and Xu Chongli (徐崇丽), were tried for “assembling a crowd to disruptsocial order” on April 7, 2010. It has been more than 18 months sincethe tenwere detained after chaining themselves together to protest what theybelievedto be unfair rulings handed down by the court over the years onFebruary 23,2009. At least one defendant, Zeng Li, has been released on bail toawaittrial. (CRLW)[xii]

Activist Detained for Ten Days for SendingTwitter Messages about Cantonese Protests

According to Civil Rights and Livelihood Watch,Guangdong activist Zheng Chuangtian (郑创添) was seized on his wayto the anti-Japan protest in Guangzhou on September 18 and then giventen daysof administrative detention. Reportedly, Zheng was punished for sendingTwittermessages calling on people to participate in the protests to supportCantonesein Guangzhouinlate July. It is unclear where Zheng is currently held. (CRLW)[xiii]

Forced Eviction and DemolitionFujianVillagers Beaten and Detained for Resisting Forced Land Seizure

CHRD learned on September 19 that a group ofvillagers were beaten and detained for resisting the forced seizure oftheirfarmland by the local government in Nan’an City, Fujian Province. OnSeptember16, the Party secretary of the subdistrict office in XimeiTown, Nan’an City led a groupofgovernment employees and unidentified men to seize the land fromvillagers in Pengmei Village,Ximei Town. At least four villagerswereseriously beaten and some had their bones broken, including one78-year-oldman, while two were taken into police custody. The villagers allegethat their farmlandhave been seized without proper procedures by the government officialsfortheir personal gains. (CHRD)[xiv]

Three Village Representatives Detained forPetitioning about Forced Land Seizure

CHRD learned on September 20 that a villagerepresentative has been administratively detained while two more havedisappeared and are feared detained in AndeTown, Chengdu City.According to Civil Rights and Livelihood Watch (CRLW), Tang Zhangquan (唐章全) wasgiven 15 days of administrative detention on September 17. Tang Fulin (唐福林)disappeared on September 16 after he went to meet with the head of thelocalpolice station while Luo Yuqin (罗玉琴) disappeared onSeptember 20, both are believed to be detained. The villagers have beenpetitioning repeatedly about the forced seizure of their farmland fouryearsago. They allege that the government has provided them withinsufficient compensationat a level substantially lower than the standards stipulated in therelevantgovernment regulations, and that they have not been shown the legaldocumentsthat might have authorized the seizure. (CHRD and CRLW)[xv]

Harassmentof ActivistsHumanRights Lawyer Jiang Tianyong and Family Harassed, Threatened

CHRD learned on September 15 that Beijing humanrights lawyer Jiang Tianyong (江天勇) and his family have beenharassed and threatened repeatedly over the past few days. He hasreceivedthreatening messages on his cell phone, followed by unidentifiedindividuals, hadhis email inbox hacked and emails deleted, and been called in for"tea" with police on numerous occasions recently. On September 14,Jiang and his family discovered that the lock on the door to theirapartmenthad been filled; unable to gain entry to their home, they were forcedto spendthe night elsewhere. In the early hours of September 15, Jiang reportedtheincident and other harassment to the Beijingpolice, but the latter refused to investigate or handle the matter. Thepolicemen at the door claimed that they were off duty but during thehour Jiangspent in the police station, men in plainclothes appeared to film Jiangas heargued to get his case filed. (CHRD)[xvi]

Tortureand Other Cruel, Inhuman, or Degrading Treatment or PunishmentHusband and Son of Petitioner who Died inBlack Jail Disappeared, Feared Detained

CHRD learned on September 21 that the husbandand son of Li Shulian (李淑莲), a petitioner from Longkou City, ShandongProvince who died while detained in a black jail a year ago, have been“missing” for three months since they went petitioning in Beijing onJune 6.Fellow activists and Li’s family believe that the two are detained byLongkouCity government. Li’s daughter is in hiding for fear of persecution bythelocal government, while Li’s sister was beaten and had her fingerbroken byguards at the LongkouCity governmentbuilding forenquiring about the two on July 6.

Li died about a year ago in ablack jail in Longkou City after she waskidnapped in Beijingby interceptors dispatched by the Longkou government on September 3,2009 andforcibly sent back to her hometown. Officials have declared Li’sdeath to be a "suicide by hanging" and have since been blockingactivists’ efforts to investigate the death. (CHRD)[xvii]

Police Admits that Man Was Beaten to VegetativeState by Fellow Detainees in Detention Center

According to an article dated September 20 by LegalDaily, Yingshang County Public Security Bureau in Anhui Provinceadmitted that a young man who was seriously injured in the county’sdetentioncenter was beaten by five fellow detainees. Wang Enhui (王恩会), who hasbeen detained since February 4 on suspicion of robbery, was rushed intothehospital on August 13 and has since remains in a vegetative state.According toWang’s family, they were first told by staff at the detention centerthat Wang“fell after suffering from a heat stroke,” but later the vice-head ofthecounty’s Public Security Bureau admitted that he was beaten by fivefellowdetainees. However, the detention center refused to allow Wang’s familyto viewfootage from the surveillance camera that would have captured thebeating. Thepolice said they are paying for Wang’s treatment, have temporarilysuspendedtwo policemen who were on duty at the time and will investigate theincidentfurther. Wang’s uncle said that Wang told him of beatings in the centerwhenthey met during his trial on July 28, following which the uncle calledthedetention center and complained about the beatings, but the authoritiesapparently took no action to remedy the situation. (Guangxi News Netand LegalDaily)[xviii]

Shanxi Man Dies in Detention Center,Family Challenges Claim of Suicide

CHRD learned on September 14 that detainee RenAiguo (任爱国)was discovered dead in a detention center located in Heshun County,JinzhongCity, Shanxi Province on August 8, 2010. An inspection team organizedby localofficials ruled that the death was a suicide by hanging, but Ren'sfamily haschallenged that assessment, claiming that the inspectors ignoredcriticalproblems they raised regarding the death and failed to properlyinvestigate theincident. At the center of the family's concerns is the lack ofsurveillancefootage from Ren's death; though the room in the detention center whereRen wasfound is equipped with a video camera, the inspection team claimed thatall ofthe monitoring equipment in the facility had been out of service sinceJuly 20.The family, who saw Ren only two days prior to his death, have alsoquestionedthe origins of the material allegedly used to hang Ren, as well as whydoorsleading into Ren's cell were open when he was discovered. His relativeswerenot notified officially by the detention center of his death, butratherlearned about it through other sources and had to travel to thefacility toverify it for themselves. (CHRD)[xix]

CHRD Report to UN Committee against TortureHighlights Issues the Chinese Government Should be Asked to Address inits NextPeriodic Report

With China’sfifth periodic report to the Committee against Torture (CAT) upcoming,many keyproblems raised by CAT in 2008 as it considered China’sfourth periodic report haveyet to be adequately addressed. In a report to CAT submitted onSeptember 8, CHRDoutlines a number of issues and cases for the Committee to include inthe Listof Issues that the Chinese government will be requested to address inits nextreport. Click hereto read more.

Editors: David Smallsand Lin Sang News updatesfromCHRDAnnual Report on the Situation of Human RightsDefenders inChina (2009)

[i] “Tian Xi ‘Intentional Destruction of Properties’ TrialEnded,Activists Beaten (田喜“故意毁坏财物”案庭审结束，维权人士被殴打),” September 21, 2010,http://news.boxun.com/news/gb/china/2010/09/201009211302.shtml;“AIDS Activist Tian Xi’s Trial Opens, Supporters Had Their IDs Checked (爱滋病维权人士田喜案开庭，声援者被查验身份证), September 21, 2010,http://news.boxun.com/news/gb/china/2010/09/201009211123.shtml;“Henan AIDS Activist Tian Xi’s Trial Opens, Court Implements TrafficControl (河南艾滋维权人士田喜案开庭,法院前实行交通管制), September21, 2010, http://news.boxun.com/news/gb/china/2010/09/201009211017.shtml 

[ii] “Lawyer Wang Yu’s Alleged Crime Changed from‘Intentional Harm’ to ‘CausingBodily Harm’ (律师王宇“故意伤害”案二审改为“过失伤害”),”September 21, 2010,

http://news.boxun.com/news/gb/china/2010/09/201009211405.shtml

[iii]