Affichage des articles dont le libellé est Xie Yang. Afficher tous les articles
Affichage des articles dont le libellé est Xie Yang. Afficher tous les articles

mardi 18 décembre 2018

China’s Bizarre Program to Keep Activists in Check

As part of “stability maintenance,” people the state considers troublemakers may be sent to jail—or sent on vacation.
By Jianying Zha

In an age of social media, my dissident brother’s main weapon is his cell phone.

Recently, the Beijing police took my brother sightseeing again.
Nine days, two guards, chauffeured tours through a national park that’s a World Heritage site, visits to Taoist temples and to the Three Gorges, expenses fully covered, all courtesy of the Ministry of Public Security.
The point was to get him out of town during the 2018 Forum on China-Africa Cooperation, held in early September.
The capital had to be in a state of perfect order; no trace of trouble was permissible.
And Zha Jianguo, a veteran democracy activist, is considered a professional troublemaker.
While Xi Jinping played host to African dignitaries in the Great Hall of the People, the police played host to my big brother at various scenic spots in the province of Hubei, about a thousand kilometres away.
A number of other Beijing activists and civil-rights lawyers, including several whom Jianguo knows well, were treated to similar trips.
Pu Zhiqiang headed for Sichuan, Hu Jia to the port city of Tianjin, He Depu to the grasslands of Inner Mongolia, and Zhang Baocheng to Sanya, a beach resort on Hainan Island.
Kept busy in the midst of natural beauty and attended to closely, they had no chance to speak to members of the foreign media or post provocative remarks online.
This practice is known as bei lüyou, “to be touristed.”
The term is one of those sly inventions favored by Chinese netizens: whenever law enforcement frames people, or otherwise conscripts them into an activity, the prefix bei is used to indicate the passive tense.
Hence: bei loushui (to be tax-evaded), bei zisha (to be suicided), bei piaochang (to be johned), and so on.
In the past few years, the bei list has been growing longer, the acts more imaginative and colorful. 
“To be touristed” is no doubt the most appealing of these scenarios, and it is available only to a select number of troublemakers.
In Beijing, perhaps dozens of people a year are whisked off on these exotic trips, typically diehard dissidents who have served time and are on the radar of Western human-rights organizations and media outlets.
Outside the capital, the list includes not just activists but also petitioners (fangmin)—ordinary people from rural villages or small towns who travel to voice their grievances to high government officials about local malfeasances they have suffered from.
Jianguo became a tourist only in recent years, but he has been a target of governmental attention for more than two decades.
In 1999, he was given a nine-year prison sentence for helping to found a small opposition group, the Democracy Party of China, the year before.
Since his release, in 2008, he has lived under constant police surveillance, which is ratcheted up during “sensitive” periods. 
For three months surrounding the Beijing Summer Olympics that year, the police parked in front of his apartment building night and day.
Officers periodically knocked on his door to search his home, and followed him everywhere he went. 
Just as polluting factories were shut down and a barrage of rain-dispelling rockets were launched to insure clear skies during the Games, political irritants were vigorously contained.
China has grown wealthier and more powerful in the ensuing years, and, as it hosts more global forums, there are more sensitive dates on the state’s calendar—Party congresses, trade summits, multinational meetings.
Old imperial powers, with deep pockets and grand ambitions, tend to be fastidious about their image as host and benefactor, and China has always set great store by ceremony.
Each occasion is vulnerable to disruption by protesters, so care is taken to sweep them out of sight. All major state functions have so far run without a hitch: perfect weather, perfect banquets, and perfect citizens waving glow sticks.
Since 2011, China’s annual spending on domestic weiwen, or “stability maintenance,” has surpassed defense spending.
But how serious is the threat of a disruption?
After Jianguo and his comrades launched the Democracy Party, all its leaders were swiftly sent to prison, and, for the past ten years, Jianguo has been a solitary critic, with no party affiliation, no N.G.O. membership, no local or foreign patron.
Now sixty-seven years old, he lives alone, having moved to a ground-floor apartment because he tires when climbing stairs.
He eats and drinks modestly: mostly vegetables, a light beer or two.
Having lost a lot of hair during his prison years, he shaves his head.
He used to hold forth at meals; now he listens more than he talks. His smile is serene, as if to convey that all under Heaven is forgiven.
Someone remarked to me once, “Your brother looks like a Buddha now.”
Yet, in recent years, the Chinese government has come to see him as more, not less, of a security threat.
The authorities monitor his phone, block some of his messages, and bar him from certain gatherings.
During sensitive periods, he is watched and followed around the clock.
On bei lüyou trips, three officers usually accompany him, often including one who sleeps in his hotel room.
Why do they think he is so dangerous?
My brother may no longer operate a party cell, but—like more than a billion other Chinese citizens—he does have a cell phone.
He regularly posts his analyses of current events in online groups, and he has become an increasingly prominent pundit on the Chinese Internet.
Since 2012, Jianguo has trained his criticism chiefly on one target: the Global Times (Huanqiu Shibao), a pro-government, strongly nationalistic, and influential tabloid daily, which is distributed widely under the auspices of the People’s Daily. 
In a series labelled “Debating the Global Times,” Jianguo took up editorials and scrutinized them point by point.
Looking at his posts, I used to marvel at his bullheadedness, but the whole thing seemed to me like playing a game of solitaire; the posts appeared to go unnoticed.
Gradually, however, I saw that Jianguo was honing a new voice, and gaining a following.
From 2012 to 2017, he produced, with accelerating frequency, a total of four hundred and fifty-six “Debating the Global Times” posts.
He was helped by the explosive growth of WeChat, the messaging and social-media app: by 2015, Jianguo was sending a new post every other day to between fifty and seventy WeChat groups, reaching tens of thousands of readers.
He’s part of a broader trend.
Since organized opposition is impossible, protest and resistance have increasingly shifted to the Internet. 
Spotlighting abuse and corruption, online critics and bloggers have often succeeded in rallying public opinion and pressuring authorities to act.
Online platforms like WeChat and Weibo, in their fragmented immensity, can still provide badly needed public spaces for critical exchange, as well as bonding and camaraderie, all with the advantage of speed and influence.
Back in the late nineteen-nineties, the Democracy Party of China was a fringe group of radicals whom the government could easily quarantine.
Reformist intellectuals, who supported a path of incremental change, viewed men like Jianguo as politically naïve and their mission as suicidal.
Few people even knew that his party existed.
But now, using social media, Jianguo has accomplished something that his old comrades never could. He has reached the much larger camp of Chinese liberals—educated urbanites who generally embrace Western ideas of democracy, want the rule of law, and are critical of the party-state. Although they have flourished in China’s “reform era”—decades of fast growth that have brought them apartments, cars, holiday travels, study abroad for their children—they are mostly convinced of the superior vitality of the multiparty system.
In a joke they liked about the 2016 U.S. election, a bunch of eunuchs are so appalled by the bawdy quarrels among the married folk that they congratulate themselves: “How fortunate we are to be castrated!”
Yet many Chinese liberals doubt that the Western system is feasible in their country.
They fret about the burden of history, about the prospect of chaos and mob rule.
In their own lives, they avoid radicals and former political prisoners, for fear that such association might jeopardize their personal freedom.
They shun the sort of political action that could put their comfortable life style at risk.
These are the people I’m friends with in Beijing; they know me as a writer and as someone who, for years, was a regular presence on a moderate-liberal TV talk show that they all watched. (Which is to say, I’m mindful of what lines can’t be crossed when addressing the Chinese public on Chinese airwaves.)
So why are so many of these liberals now reading the views of a radical like my brother Jianguo?
One factor is the darkening of China’s political landscape.
  Xi Jinping’s initial speeches as President about “putting power into a cage” had given hope to many liberal pragmatists, but what he really meant quickly became clear: Xi intended to cage any threats to his own authority. 
And he has managed to do so through a ruthlessly extralegal anticorruption campaign, all in the name of “strengthening the rule of law under the Party leadership.”
Amid ever harsher crackdowns on civil society, many previously tolerated liberals are feeling a chill: every day, there’s more news about arrests, detention, censorship, and blackmail. 
Investigative journalists, public intellectuals, media critics, college professors, editors and publishers, human-rights lawyers, and environmental activists—nobody feels safe anymore.
One evening in June, 2017, as I was leaving my Beijing apartment to meet some cousins of mine for dinner, I got a text message from a friend, a law professor, saying that the police had taken my brother away.
Jianguo had planned to join us for dinner that evening but called the day before to cancel, because police were already stationed outside his building, in anticipation of the twenty-eighth anniversary of the Tiananmen Square massacre.
What I didn’t realize was that, the day before his arrest, Jianguo had posted a short piece in which he pointed out the political instability of the moment and the possibility of an accidental eruption.
He then sketched out a potential cascade of protests and crackdowns, which could culminate in a military coup.
The next day, while the piece circulated among his WeChat groups, Jianguo went to a neighborhood massage parlor.
Herbal pads were being laid on his face when the manager rushed in.
“Some men at the door want to see you,” she told him breathlessly.
Jianguo assumed it was his usual tails.
“Tell them to wait outside,” he told the manager.
But a moment later she returned, looking terrified. The men had shown her their police I.D.s, and insisted that her client come out right away.
Jianguo knew then that it was serious.
“Oh, well,” he said, apologizing.
“Looks like I can’t finish the facial today.”
When I got the news of Jianguo’s arrest, I called his cell phone, to no avail.
After alerting his daughter, Huiyi, who lives in Orlando, I set off for the restaurant.
My cousins were concerned, but not greatly; maybe we had all grown a little blasé after witnessing Jianguo’s skillful dealings with the police for so many years.
As we were leaving the restaurant, I got a message from a family friend who had stopped by Jianguo’s apartment.
I clicked open an image of my brother, seated in his living room, in handcuffs and an olive-green prison uniform.
The police had brought him home to conduct a search but were about to take him away again.
I called various activists and lawyers, and made plans to meet at Jianguo’s apartment the following morning.
My friends persuaded me that we should keep the news of his detention to ourselves, and make private, direct contact with the police.
The next morning, to my surprise, I reached the district police officer in charge of the case, Officer Liu, on the first try.
“I’m Jianguo’s—” I began, and Liu replied, simply, “I know who you are.”
He assured me that he would meet me straightaway.
I waited at Jianguo’s apartment for hours.
Just as I was giving up hope, the door opened, revealing several uniformed police officers and Jianguo’s smiling face.
Officer Liu, a genial-looking man who appeared to be in his late thirties, greeted me politely but clearly wasn’t eager to engage in a conversation.
“We don’t want to interrupt the family reunion,” he said quietly, before leaving.
The Chinese police state can be at once harsh and accommodating, insidious and absurd.
I got a sense of these peculiarities in 2008, when Jianguo was released after almost a decade behind bars, and a team of policemen was assigned to monitor him daily for three months.
They were unfailingly polite, even solicitous, bargaining on his behalf at shops and carrying heavy bags for him.
One hot afternoon, they helped install an air-conditioner in his apartment.
Since they followed him everywhere, I jokingly suggested that Jianguo might as well ride in the police vehicle, to help reduce expenses and pollution.
The officers happily obliged.
Once, I went along, riding beside the police driver and holding my young daughter on my lap.
When Jianguo went out to eat with friends, the policemen, usually two per shift, would take a table at the other side of the room, eating their meals while keeping an eye on him.
They began calling him Big Brother (dage), with a note of affection.
Jianguo laughed when he told me; his guards were oblivious of any Orwellian connotations.
“But, of course, they are just doing their job,” he added.
They were ready to haul him off to jail, he knew, whenever they were ordered to.
With the practice of bei lüyou, things grew stranger still.
On the road, the three policemen assigned to Jianguo would look after him as though they were his assistants: they bought sightseeing tickets, checked in and out of hotels, helped with his luggage, took snapshots of him at scenic spots.
They fussed over him at meals, heaping meats and vegetables onto his plate, ladling up additional bowls of soup for him.
Sometimes they booked a trip through an agency and ended up traveling for days with a group of real tourists.
The all-male quartet aroused curiosity and inspired innocent guesses about their relationships.
“So, are you father and sons?”
“Colleagues?”
And, pointing at Jianguo: “Is he your boss?”
Of course, their real boss was ultimately Xi, who chairs the National Security Commission.
Since Xi became China’s paramount leader, it has been possible to detect a Maoist revival in state politics and stealthy moves to resurrect the chairman’s cult of personality, particularly after Xi got the constitution changed to eliminate Presidential term limits.
But the two leaders have strikingly different styles.
As Andrew J. Nathan, a China expert at Columbia University, put it to me, in a succinct formulation, “Mao was a chaos guy, whereas Xi is a control guy.”
Indeed, Mao sometimes called to mind the Monkey King in the classical Chinese novel, who flipped dizzying somersaults in high clouds and created constant tumult with his magic wand.
“The Golden Monkey wrathfully swung his massive cudgel,” Mao wrote, in a famous couplet.
“And the jade-like firmament was cleared of dust.”
Yet, when it came to the human soul, Mao was a consummate master of control.
You could see this in social attitudes he encouraged toward “political criminals.”
In Mao’s time, hatred of the “counter-revolutionaries” was widespread and intense.
They were viewed as scarcely human “enemies of the people.”
Xi plainly intends to emulate Mao in all sorts of ways, but he is ruling over a different China. Attitudes have long since mellowed and grown more than occasionally irreverent, even toward the Core Leader himself.
To encourage worshipful affection, state media tried to popularize the honorific Xi Dada (Bigbig Xi), which is how one addresses a father or an uncle in various dialects.
But other nicknames for the potbellied leader—such as Baozi (stuffed bun) or Winnie-the-Pooh—have gone viral.
Defying official bans, stinging satires about a fatuous new emperor have percolated through social media.
In Mao’s era, people got shot for such disrespect.
The ranks of the Communist Party are swelling—they’re now pushing past eighty-nine million members—and so are the ranks of corrupt Party cadres.
Although online tribes of Little Pinks (as youthful nationalists are called) can turn hysterical and aggressive, most young people join the Party for career opportunities and material gain. 
Xi has urged a renewal of ideological indoctrination at all levels, but it’s hard to say how effective these efforts really are.
The average person hardly notices the robotic Party-speak that has returned to television, or the kitschy propaganda billboards that have become ubiquitous in the streets.
Xi’s anticorruption campaigns and nationalist-strongman politics may have won popular support, but true believers are an endangered species in what has become a brazenly pragmatic society.
Sun Liping, a sociologist at Tsinghua University, once argued, in a widely circulated blog post, that the biggest danger China faced was not mass unrest or sudden collapse, as many feared, but inner rot.
He referred to several concurrent phenomena: unchecked power overseeing a “warped reform,” entrenched interest groups and fat cats bent on preserving the status quo, and a general unravelling of social trust. 
If Sun’s thesis is right, the most urgent task for Chinese leaders today is not perfecting “stability maintenance” but taking on the greed and cynicism that have become a national disease.
Sun was, however, not optimistic about the prospects for treatment; he thought that the decay had spread through the entire body politic.
Bei lüyou is a symptom of this disease.
The scheme would seem to be the brainchild of someone who, alert to how lavishly the state will spend on all security-related affairs, figured out a way to creep through the back entrance of the great government banquet hall to join the feeding frenzy in the kitchen.
The aim of bei lüyou was plainly to pamper diehard dissidents enough to soften their defiant spirit, but it could also serve as a morale-booster among the rank and file of the security forces. 
For them, it’s essentially a free vacation that counts as work. 
In Mandarin, this is called a meichai, a beautiful duty.
Jianguo was taken on four such trips between October of 2017 and September of 2018, providing almost a dozen meichai slots for the police.
The officers varied as much as the itineraries, and I imagined them haggling over the rotation of these coveted slots.
Perks must be shared.
Once, Jianguo told me why an elderly policeman was assigned to his team for a trip south: the man was about to retire, and he’d never been to any tropical beaches.
It’s hard to say exactly when bei lüyou started, but an early instance reportedly occurred in 2012, and involved a prominent environmental activist named Wu Lihong.
A peasant turned crusader, Wu had exposed hundreds of companies that were illegally polluting the water in his home province, Jiangsu.
His tenacious campaign to protect the beautiful Lake Tai had earned him the moniker Lake Tai Warrior.
In 2007, just as an outbreak of blue-green algae in the lake affected the drinking water of more than two million people, Wu was sentenced to three years in prison.
Five years later, during the Communist Party’s eighteenth National Congress, when Xi assumed power, policemen took Wu from his home to visit Xi’an and its celebrated Terracotta Army.
Then, in 2014, during another “sensitive period,” the Jiangsu police took him off for “sightseeing and relaxation” at a plush mountain-resort hotel usually reserved for senior state leaders—at, of all places, Lake Tai.
According to Huang Qi, a human-rights advocate in Chengdu, Sichuan Province, bei lüyou in Sichuan typically involves ordinary petitioners.
The Sichuan police, Huang told a journalist, have sometimes covered the expenses for officers’ friends and relatives as well.
The police even paid a “lost-work fee” to those petitioners who negotiated for a compensation of income they were forgoing during the trip.
Those who refused to go on the trip, though, were handled roughly.
In Beijing, Jianguo has been treated with more delicacy.
On all but one of his trips, he was the lone “guest,” accompanied by three guards.
Then, this spring, he refused to go on a scheduled trip.
His leg was hurting; he was fed up with the forced excursions.
“I’ll stay home—you can monitor me right here all day,” he told the police.
They panicked.
A charm offensive ensued, as officers kept visiting him with different proposals.
Too warm in the south?
How about the wooded regions in the northeast?
Can’t sleep well with another person in the same room?
From now on, you can have a hotel room to yourself.
After three rounds of patient coaxing, Jianguo gave in.
In a photograph from his northeastern tour—it was taken by one of his police handlers—he is standing on an observation deck in Hunchun, Jilin Province, which overlooks both a river bordering North Korea to the south and a range of wooded Russian mountains to the north.
“The spot is called Three Countries at One Glance,” Jianguo told me.
“For the first time in my life, I actually set eyes on two foreign territories.”
Later, when we met up for lunch, Jianguo brought a present for my daughter: a pocket mirror with gilded carvings of an old Eastern Orthodox cathedral, packed in a gaudy gift box.
He had bought it at a souvenir shop in Harbin, an old Russified Manchurian city in Heilongjiang Province.
I gazed into the mirror and caught an odd expression gazing back at me: was it a grimace or a smile?
The truth is, I’ve wondered about the possibly corrupting influence of Jianguo’s tangled dealings with the police.
That formula of Nietzsche’s comes to mind: If you gaze long enough into an abyss, the abyss will gaze into you.
Had Jianguo’s experiences with bei lüyou instilled in him a measure of sympathy toward the officers entrusted with his fate?
Was it having—in some small part—its intended effect?
It’s plain that Jianguo’s years of arrests and imprisonment haven’t bent his will.
In matters of principle, he has never backed down.
He openly condemns the despotic rule of the party-state, and he refuses to stop writing or posting his criticism.
But, when he’s in actual contact with the police, he responds to civility in kind.
And here things get more complicated, because some police officers have gone further than civility. One officer told him, “I’ve read your book and my admiration for you is total.”
The phrase he used, wuti-toudi, literally means “with four limbs and a head touching the floor”—admiration to the point of prostration.
Even when Jianguo was arrested a year and a half ago, his police guards stopped by a restaurant to let him “have a good meal” before taking him to a secret detention site.
The next day, picking him up to go home, they brought him yogurt and a meat pie.
During initial questioning about his online post, the police appeared to want to get him off the hook.
“Maybe you didn’t write this piece yourself,” an officer suggested.
“Maybe you copied it from some Web site?”
“No,” Jianguo replied. “I wrote it, and I’m one hundred per cent responsible for it.”
“O.K., but maybe you haven’t sent it to too many other people besides this one small WeChat group?”
The group has about seventy people, closely watched by the police because several members are well-known intellectuals.
“I’ve sent it to a lot of other groups and people,” Jianguo said. “But I can’t recall the list or give you the names.”
The officers scratched their heads and sighed.
They told him they were trying to make it easy for him.
Using a term for revered elders, they addressed him as Zha lao.
It would be wrong to assume that these policemen were moved to help Jianguo out of human kindness.
If a “stability-disrupting” case happens on their watch, the officer in charge may take some blame. “We’ve been scolded by the higher-ups for being too soft on you,” an officer complained to Jianguo, “and now you post this call for a military coup! You’re putting us in a very difficult position, Zha lao!”
Once, Jianguo told me about an insight he had gained from years of prison life.
There’s an old Chinese saying: jingfei-yijia, “cops and gangsters belong to the same family.”
The phrase usually suggests a corrupt equivalence between the two, but Jianguo discovered something else: they share a similar code of honor.
Honor, though, takes a variety of forms, being associated with character, with money, or with knowledge.
According to Jianguo, an implicit hierarchy exists behind Chinese prison walls, with the political prisoners at the top, thieves and other common criminals in the middle, and sex offenders at the bottom.
Wealthy convicts bribe jailers for favors.
A well-educated inmate enjoys esteem and privileges because the warden can ask him to write papers for an online diploma the warden might be pursuing or to tutor his son for a college exam.
Political prisoners enjoy the highest prestige because of the power of their personal courage.
Violence—brawls, bullying, beatings—is a daily reality in Chinese prisons.
A prisoner of conscience, however, is usually left alone by his fellow-inmates; a tacit distinction is made.
I once heard a similar account from the late Nobel Peace Prize laureate Liu Xiaobo.
At the same time, there have been plenty of reports about officers abusing, even torturing, political prisoners. 
Two activists I know have told me in detail about their horrendous treatment during detention: one, in Beijing, was savagely beaten and shocked with electric prods; the other, based in Guangzhou, was interrogated continuously for four days and nights, until he suffered a physical breakdown and lost consciousness. 
Huang Qi, the Sichuan activist, was beaten and abused in jail, and denied proper medical attention for his ailments. 
Several detained human-rights lawyers said they were forced to take drugs that made them feel dizzy and enervated. 
One of them, Xie Yang, told his attorney about his treatment (which also included beatings and sleep deprivation). 
The attorney made it public; subsequently, on state and social media, Xie renounced his own account as a fabrication.
For many observers, it was an updated version of the public self-denunciations of the Cultural Revolution.
When I discussed the reports about drugs with Jianguo, he seemed less than persuaded, and told me that police officers he knows scoffed at the suggestion.
It was as if, having spent so much time among security personnel, he could now easily inhabit their perspective.
He told me a story of milder abuse, an officer deliberately shining a very bright light on a political prisoner’s face during interrogation, making the inmate sweat profusely.
“I know both the officer and the prisoner,” my brother said.
“The officer has a low opinion of the man, because he considers him a wimp. As a rule, the police are soft on the tough, and tough on the soft. So, if they sense a weakness in you, it will bring out the bully in them.”
His words reminded me of a sad story about one of his fellow political prisoners.
Wen (as I’ll call him) was sentenced to twenty years on charges of “organizing and leading a counter-revolutionary group.”
During his first eleven years behind bars, his mother died and his wife divorced him, and he was allowed to see his only child, a girl, just once.
In a moment of despair, Wen signed an admission of guilt, in the hopes of having his sentence reduced.
After the news of what he’d done spread, a dramatic change in attitudes occurred: inmates made snide remarks, while jailers gave Wen spoiled food and picked on him.
He eventually received a reduction of four years, but he was no longer considered a man of honor.
His hair swiftly turned white.
In order to persuade Jianguo to stop writing “dangerous articles,” Officer Liu had talked about the prospect of another long sentence.
“Look, it’s been exactly nine years since you finished your nine years in prison,” Liu had told him.
“If you get another nine years, it wouldn’t be a nice way to live out your old age, would it? Think about your daughter, your grandchildren.”
With a small flexing of the wrist, the line suddenly drew taut.
Jianguo has been divorced twice, and Huiyi, his only child, moved to America many years ago.
In Orlando, she got her first job, at Disney World, and eventually, with her husband, started two small companies, in real estate and rental management.
The companies now have dozens of employees.
Huiyi and her husband have a daughter and a son.
Jianguo speaks about the family’s immigrant success with parental pride, impressed by their entrepreneurial pluck.
He cherishes the annual reunion when his daughter and son-in-law arrive from Florida with their two healthy, bounding children.
But, despite Huiyi’s repeated invitations, Jianguo won’t leave China; he fears that he would be forbidden to return.
Others have made a different choice: there has been a growing exodus of dissidents and activists from China, including some of Jianguo’s old Democracy Party comrades, spurred in large part by constant harassment.
Economic uncertainties, heightened now by the U.S.-China trade war, are making many affluent Chinese jittery.
Some have already decamped or hedged their bets by transferring capital and setting up a second base abroad.
In liberal WeChat groups, the mood swings between bravado, defeatist humor, and gloom; rumors about collapsed trade talks are often accompanied by whispered warnings of a coming storm.
Recently, stirred by news of more departures, Jianguo posted an unusually emotional piece, expounding on the nature of patriotism.
In his view, it arises from a deep love of the land and the people, not necessarily of the state or the ruling regime.
He understands those friends who have decided to leave and wishes them the best for a new life in a freer country.
He even appreciates a motto widely quoted in his circles: “Wherever there’s freedom, there is my homeland.”
But that’s not his motto.
“I’ll never leave,” he wrote.
He’ll never leave, and he’ll never quit.
That’s what he concluded after a careful consideration of Officer Liu’s warning.
“In the end, my mind is clear and at rest, as always,” Jianguo said.
He has told me repeatedly that he is prepared to return to prison at any time, for any number of years. My own mind is not at rest; at the moment, I’m all too conscious of the Chinese government’s habit of jailing activists around Christmas, a down period for the media and the diplomatic services.
Since Xi came to power, a number of Jianguo’s Democracy Party comrades have been sent back to prison, and their sentences are heavy. 
At sixty-five, Qin Yongmin, a widely admired activist and the founder of the party’s Hubei branch, is serving a sentence of thirteen years. 
It is his fourth; he has already spent twenty-six years behind bars. 
In July, 2017, Liu Xiaobo, the long-imprisoned Nobel laureate, died of liver cancer during his fourth prison term, set for eleven years.
The dissident community, mourning Liu’s death, took note of the cool responses of many Western governments.
Jianguo views these developments soberly.
He has long since shed any illusions of fast social change or enduring media attention.
“If I’m sentenced for another nine years, or twelve or thirteen years,” he told me calmly, “I’ll just forget about the outside world and focus on my life inside prison. Family and loved ones—well, those thoughts will be there for a while. It will take time. I’ll read some books, play some Go, get on with my cellmates. I’ll try to make the best out of each day. I’ll think about nothing else, nobody else.”
I was at once chilled and comforted by his resolve.
The words floated back to me: Your brother looks like a Buddha now.
On November 6th, when I was in New York, Jianguo texted me about the midterm elections and made me promise to inform him of the results as soon as I heard.
He was going to a dinner the following evening with some Beijing intellectuals, and everyone was keen to hear the latest news.
Twelve hours later, when I forwarded the first posted results to his WeChat account, a message flashed on my phone’s screen, informing me that the account I’d directed the message to had been blocked, and that “no information can reach the destination.” 
For the fifth time, the censors had shut Jianguo’s account down.
A day later, he opened a new account, with the name BeijingZhaJianguo6, but a line had been crossed.
After five shutdowns, as the police had warned him, he was blocked from large online groups. 
This is how all Chinese companies, including giants like Alibaba and WeChat’s owner, Tencent, defer to the police state. 
Savvy Chinese Internet users, with or without the aid of a V.P.N., employ all sorts of techniques to break through the Great Firewall, and Jianguo has definitely learned a few tricks to evade the censors.
But lately the situation has deteriorated. 
On certain days, even after all the camouflaging maneuvers, a fresh opinion piece of his would vanish mysteriously, with no error message. 
Neither the sender nor the recipients would even know that something had gone amiss unless they checked with one another.
This is bei hexie, “to be harmonized,” a form of virtual erasure.
Bent on transforming the global Internet into a Chinese Intranet, official censors have made deft and extensive use of the method.
You may know about Vice-President Mike Pence’s recent speech on the Trump Administration’s China policy, viewed by many as a declaration of a new cold war.
But in China very few saw the actual text; it was met with swift bei hexie. 
The current arms race between the censors and the censored in China can be summed up in an old proverb: The monk grows taller by an inch, but the monster grows taller by a foot.
Now Jianguo has been shut out of all large online groups. 
“I’m forced to post my articles less often,” he announced in a recent post.
He’s decided to write longer pieces and send them to smaller groups, in the hope that members will repost them in larger groups.
“But I trust that all free voices cannot be blocked. Even if all the roosters are silenced, the dawn shall still come.” 

mardi 26 décembre 2017

Rogue Nation

China Sentences 'Vulgar Butcher' Rights Activist to Eight Years in Prison
By ASSOCIATED PRESS
BEIJING — A prominent activist who called himself the Ultra Vulgar Butcher as he mocked and pressured Chinese officials was given an eight-year prison sentence Tuesday for "subversion", the harshest sentence handed down in a sweeping crackdown on rights campaigners.
The Tianjin No. 2 Intermediate People’s Court handed down the sentence after finding activist Wu Gan guilty of subverting state power. 
Wu will appeal the sentence, his lawyer Ge Yongxi told The Associated Press.
Wu had become known among rights advocates and lawyers for his attention-grabbing campaigns. 
In one, he posed for online portraits brandishing knives that he said he would use to “slaughter the pigs” among local officials who’d done wrong.
In court on Tuesday, Wu struck an irreverent note in his remarks following the sentence, saying he was “grateful to the party for granting me this lofty honor,” according to Ge, who was in court.
“I will remain true to our original aspiration, roll up my sleeves and make an extra effort,” Wu said, playing on well-known phrases Xi Jinping often uses to exhort Communist Party officials to improve their work.
Wu was among the first activists and lawyers caught up in an intense crackdown by authorities that began in 2015. 
His secretive one-day trial was held in August after a detention of more than two years.
Activists like Wu focused on individual cases instead of challenging Communist Party policy at the national level, making them a greater headache for local officials than for Beijing. 
But their ability to organize and bring people out on the ground apparently made authorities nervous.
Human rights groups have said that the authorities are persecuting Wu and that it is ironic that his fight for justice for others had cost him his own freedom.
“With extraordinary courage and disdainful words, Wu Gan set the tone for this so-called ‘trial’ against him,” said his friend and fellow Chinese activist Wu Yuren
“It will inspire more and more people to stomp on this government that seems powerful yet doesn’t have the authority of the people.”
The court said Tuesday in an online statement that Wu Gan had made many remarks online that “attacked state power.”
It accused him of hyping cases that “discredited state organs” by organizing illegal public gatherings, causing trouble, and making abusive comments online about other people. 
It said such actions were part of a series of criminal activities seeking to “overthrow state power and the socialist system.”
Wu had also worked as an administrative assistant at the Beijing Fengrui Law Firm, which had worked on sensitive cases and became the focus of the authorities’ crackdown that began in July 2015. 
Hundreds of lawyers, activists and others were detained in a coordinated nationwide sweep that sent a chill through China’s activist community. 
Many were later released.
Vaguely defined subversion charges are frequently leveled against human rights activists and perceived political foes of the ruling Communist Party.
Wu had been detained in May 2015, after traveling to the southeastern city of Nanchang to put pressure on a judge. 
Defense lawyers had been denied access to files in a case in which four men were serving prison time for a double murder despite a later confession from a fifth man. 
Wu had said on social media that he planned to hold a mock funeral for the judge, and was arrested after unfurling a banner that insulted him.
In a separate case Tuesday, a court in central China convicted the lawyer Xie Yang for inciting subversion of state power but said he was exempted from criminal penalties.
Xie had been detained for two years before he was released on bail in May after he admitted to the charges. 
Even after his release, his wife said, Xie was followed by security agents everywhere he went.
Four months prior to his release, Xie’s family had released a jailhouse statement from him saying he had been tortured in custody with repeated beatings, starvation and dehydration. 
It said that if he publicly confessed at any point in the future, it would be because he broke down under enormous government pressure and coercion.
In May, Xie pleaded guilty at his trial to inciting subversion of state power and read from a prepared statement denouncing his past activism. 
He also recanted the allegation of torture, which had gained international attention.
Xie said he accepted the verdict and would not appeal, according to a video of part of the hearing posted on the Changsha City Intermediate People’s Court’s official microblog site.
Amnesty International’s China Researcher Patrick Poon said it was “disgraceful” that the Chinese authorities chose to deal with Wu and Xie’s cases the day after Christmas — when diplomats, journalists and the public are less likely to respond.
“By trying to avoid scrutiny from the press and the international community, the Chinese government betrays the fact it knows well these sham trials cannot withstand scrutiny,” Poon said.

mardi 21 novembre 2017

Rogue Nation

China jails yet another human rights lawyer in ongoing crackdown on dissent
By Emily Rauhala and Simon Denyer

Jiang Tianyong in 2012.

BEIJING — A Chinese court on Tuesday convicted a prominent human rights lawyer of “inciting subversion of state power,” a vague charge often used to jail critics of the Chinese Communist Party, and sentenced him to two years in prison.
Jiang Tianyong, 46, is the latest lawyer known for defending government critics to be jailed. 
More than 200 have been detained over the last two years in the ongoing crackdown on criticism in China.
The court in the central Chinese city of Changsha said Jiang tried to “overthrow the socialist system” by publishing articles on the Internet, accepting interviews from overseas media, smearing the government and over-publicizing certain cases.
His defenders maintain these are all normal activities of his job as a lawyer.
The trial and sentencing are seen by human rights experts as an attack on what remains of the country’s legal activist community and on liberal politics in general, as Xi Jinping moves to bolster the Communist Party and purge its critics.
This case has been an absolute travesty from the beginning, sustained by nothing other than pure political persecution, not facts or broken laws,” said Sophie Richardson, China director of Human Rights Watch. “By putting Jiang Tianyong behind bars, China does him, his family and itself irrevocable harm.”
Jiang Tianyong’s trial was a total sham,” William Nee, China researcher at Amnesty International, said in a statement.
“Even with the most rudimentary examination of the facts, the case against him crumbles,” he continued. 
“His so-called confession and apology, extracted under duress, were nothing more than an act of political theater directed by the authorities.”
Jiang is one of more than 200 lawyers, legal assistants and activists detained in what is known as the “709 crackdown” for the day the purge started — July 9, 2015.
Some were released, but a number of leading lawyers have been charged with subversion, smeared in the party-controlled press, then subjected to what critics call political show trials, where they inevitably confess, on camera, to whatever charges they face.
In recent weeks, Chinese authorities stopped the child of another human rights lawyer who was targeted, Wang Yu, from traveling abroad to study. 
Wang’s lawyer, Li Yuhan, was detained in October.
Jiang was known for his robust defense of those criticizing the Chinese government.
Xie Yanyi, a Chinese rights lawyer, called him in a statement the “soul of the 709 rescue effort” for his determination to help colleagues in trouble. 
Jiang “spared no effort” when it came to defending China’s most vulnerable groups, Xie said.
Jiang disappeared into state custody in November 2016 as he traveled from Beijing to Changsha to advise another human rights lawyer, Xie Yang, who had been detained.
In January, Xie’s attorneys published a transcript of their client describing the torture he endured in custody. 
But at his trial in May, Xie denied his own account. 
At his own trial in August, Jiang told the court that he had helped Xie invent the account.
Experts see the turnarounds in Xie and Jiang’s testimonies as further evidence that “709” lawyers are being tortured while in custody. 
At his August trial, Jiang, looking defeated, confessed to the court — and the cameras — that he did everything prosecutors claimed and then asked, meekly, for mercy.
“We are concerned that throughout the proceedings Jiang Tianyong has not been allowed access to lawyers of his own choosing and that he was obviously prejudged through a ‘confession’ aired by Chinese TV before his trial had even begun,” German Ambassador Michael Clauss said in statement released at the time of trial. 
“Under these circumstances, a fair trial is impossible.”
Jiang’s wife, Jin Bianling, who lives in Los Angeles, has already written to Matt Potinger, an adviser to Trump, asking for help with her husband’s case. 
“I am entreating you to save my husband,” she wrote in a letter dated. Aug. 24.
Jin said she was able to briefly speak with Jiang after the sentencing. 
She said she told him she will wait for him and that she hopes she will one day see him again.
“He said he misses us,” she said.

samedi 21 octobre 2017

Rogue nation: UN tells China to release human rights activists and pay them compensation

Document rejects Chinese government claims that activists voluntarily confessed to their crimes at trials.
By Benjamin Haas in Hong Kong

Lawyer Xie Yang who has been detained by Chinese authorities as part of a crack down on human rights. 

The United Nations has demanded that China should immediately release prominent human rights activists from detention and pay them compensation, according to an unreleased document obtained by the Guardian.
The report, which has not been made public, from the UN’s human rights council says the trio had their rights violated and calls China’s laws incompatible with international norms.
Christian church leader Hu Shigen and lawyers Zhou Shifeng and Xie Yang were detained and tried as part of an unprecedented nationwide crackdown on human rights attorneys and activists that began in July 2015.
The operation saw nearly 250 people detained and questioned by police.
Hu was jailed for seven and a half years and Zhou was sentenced to seven years on subversion charges, while Xie is awaiting a verdict.
“The appropriate remedy would be to release Hu Shigen, Zhou Shifeng and Xie Yang immediately, and accord them an enforceable right to compensation and other reparations,” said the UN report seen by the Guardian, adding that Chinashould take action within six months.
The UN’s working group on arbitrary detention, which reviewed the case, rejected Chinese government claims the three men voluntarily confessed to their crimes at their trials and said their detentions were “made in total non-observance of the international norms relating to the right to a fair trial”.
The group is a panel of five experts that falls under the UN’s human rights council, of which China is a member.
While its judgements are not legally binding, it investigates claims of rights violations and suggests remedies.
China promised to cooperate with the group when it ran for a seat on the human rights council in August 2016, when it also pledged to make “unremitting efforts” to promote human rights.
The group’s report on the Chinese activists said the trio were subjected to a host of rights violations, including being denied access to legal counsel, being held in “incommunicado detention” and their families “were not informed of their whereabouts for several months”.
Their detentions were due to “their activities to promote and protect human rights“, the UN found, while the opinion also encouraged China to amend its laws to conform with international standards protecting human rights.
Although Xie was released on bail after a trial in May, his wife, Chen Guiqiu said her husband was far from a free man.
State security agents rented a flat across the hall from his and Xie has 12 guards stationed 24-hours a day outside his building.
Police follow him whenever he goes out and despite the constant surveillance, he has to prepare reports for state security agents every four hours on what he has done and who he has spoken to.
But Chen welcomed the UN’s report and said she felt vindicated.
“Of course, he didn’t commit any crime, his arrest was completely illegal and I’m glad the UN, a very objective party that represents the international community, can see that,” said Chen, who fled to the US earlier this year.
“I hope this will put pressure on China and make them think twice the next time they consider arresting people on political charges.”
“Paying compensation would show the government admits they harmed our family, that they were wrong to subject us to more than two years of continuous harm,” she added.




During his detention, Xie was beaten and forced into stress positions, with one interrogator telling him: “We’ll torture you to death just like an ant.”
Ambassadors from countries including Australia, Canada, France, Germany and the United Kingdom, wrote to China’s minister of public security in February, voicing concerns over the torture and calling for an independent investigation.
“The working group’s opinion cuts straight through the government’s lies and shows that the arrests were always about retaliation against lawyers for protecting human rights,” said Frances Eve, a researcher at the Network of Chinese Human Rights Defenders.
“The government put enormous resources into their propaganda campaign to smear human rights lawyers as ‘criminals’, deploying state media, police, prosecutors and the courts.”
During the course of the panel’s investigation, the Chinese government said the men were jailed not because “they defend the legitimate rights of others” but rather they have “long been engaged in criminal activities, aimed at subverting the basic national system established under the China’s [sic] constitution”.
The UN rejected this claim.
Hu was arrested for leading an underground church, which works outside the government-sanctioned system.
He previously spent 16 years in prison for distributing leaflets on the 1989 Tiananmen Square protests and subsequent bloody crackdown.
Zhou is a prominent human rights attorney who founded the Fengrui law firm that was at the centre of the 2015 government “war on law”.
His firm represented dissident artist Ai Weiwei, members of the banned spiritual movement Falun Gong and a journalist arrested for supported protests in Hong Kong.
The UN’s working group on arbitrary detention previously told China to release Liu Xia, the wife of the Nobel peace prize laureate Liu Xiaobo, who died in detention in July.
Liu Xia has been under house arrest since 2010, when her husband won the prize, despite never being charged with a crime.

vendredi 25 août 2017

China's human rights abuses

Germany says Chinese rights activist won't get fair hearing
Reuters

Pro-democracy demonstrators hold up portraits of Chinese disbarred lawyer Jiang Tianyong, demanding his release, during a demonstration outside the Chinese liaison office in Hong Kong, China December 23, 2016.

BEIJING -- Germany’s ambassador to China said on Friday it was “impossible” that a prominent Chinese former rights lawyer who admitted to subversion during a trial this week would get a fair hearing.
Jiang Tianyong, 46, said in court on Tuesday he was inspired to overthrow China’s political system by workshops he had attended overseas, according to videos of him reading a statement released by the court.
Jiang’s wife and activists said the hearing was a show trial designed to discredit him and Jiang was coerced into confessing. 
A date for the verdict has not been released.
We are concerned that throughout the proceedings Jiang Tianyong has not been allowed access to lawyers of his own choosing and that he was obviously prejudged through a ’confession’ aired by Chinese TV before his trial had even begun,” German Ambassador Michael Clauss said in a statement released on the embassy’s website.
Under these circumstances, a fair trial is impossible,” Clauss said, adding that Germany had raised Jiang’s case with Chinese officials since last November.
Western diplomats regularly meet Chinese rights activists and lawyers, but embassies only publicly speak out in cases they consider especially troubling or in instances where private discussion with China has been ineffective.
Germany has been particularly outspoken about a crackdown in recent years on rights activists.
China’s foreign ministry did not immediately respond to a faxed request for comment.
China has said about similar cases in the past that other countries should not meddle in its internal affairs and that all citizens of China are equal before Chinese law.
Jiang, who was disbarred in 2009 after taking on cases related to sensitive issues such as the banned spiritual movement Falun Gong, had criticized a crackdown on dissent that has been ongoing since the summer of 2015.
Jiang went missing in November 2016 while visiting the family of another detained lawyer, Xie Yang
He was charged with subversion of state power more than six months later.
The U.N. Special Rapporteur on human rights and extreme poverty, Philip Alton, met Jiang during a visit to China last year and has expressed concern that his disappearance was in part reprisal for their meeting.

vendredi 19 mai 2017

China's war on law: victims' wives tell US Congress of torture and trauma

Women whose husbands were targets of Communist party crackdown on human rights lawyers call for US sanctions
By Tom Phillips in Beijing

Chen Guiqiu (3rd L), the wife of detained human rights lawyer Xie Yang, with other wives of detained human rights lawyers wearing the names of their husbands on their dresses in 2016. 

The wives of some of the most prominent victims of Xi Jinping’s crackdown on civil society have stepped up their campaign for justice, backing calls for US sanctions against Chinese officials involved in barbaric cases of torture and abuse.
Addressing a congressional hearing in Washington on Thursday, the women, whose husbands were among the key targets of a Communist party offensive against human rights lawyers, detailed the physical and psychological trauma inflicted by China’s war on law.

Chen Guiqiu, who fled to the United States in March, told of how her husband, the attorney Xie Yang, had been imprisoned and brutally tortured because of his work defending victims of land grabs, religious persecution and dissidents.
She described her husband’s ordeal as an example of China’s lawlessness and claimed that at his recent trial Xie had been forced to refute detailed claims that he had been the victim of sustained and brutal campaign of torture.
Wang Yanfeng, the wife of Tang Jingling, a lawyer and democracy activist who was jailed in 2016 in what campaigners described as “a gross injustice”, said her husband had suffered repeated spells of abuse, threats and torture. 
“Today other [lawyers and political prisoners] are still suffering from such torture,” Wang said, calling on Donald Trump to challenge China over such abuses.
In a video message, Li Wenzu, the wife of lawyer Wang Quanzhang, said she had heard nothing from him since he was seized by police at the start of the campaign against lawyers in July 2015. 
“I am deeply concerned about my husband’s safety. I don’t know how his health is. I don’t know whether he has been left disabled by the torture. I don’t even know whether he is alive.”
Wang Qiaoling, whose husband, Li Heping, recently emerged from a 22-month stint in custody, said he returned home looking “20 years older” and had told of being forced to sit for hours in stress positions and being shackled with chains. 
“He suffered from very cruel and sick torture,” Wang added.
Also giving testimony was Lee Chin-yu, whose husband, the Taiwanese human rights activist Lee Ming-che, vanished into Chinese custody in March after travelling to the mainland. 
“I stand alone before you today to plead for your help for my husband,” Lee said, calling on Washington to pressure China to end her husband’s “illegitimate detention”.
Since China’s crackdown on lawyers began almost two years ago, its victims’ wives have emerged as a relentless and forceful voice of opposition, often using humorous online videos and public performances to champion their cause. 
They say they have done so in defiance of a campaign of state-sponsored intimidation that has seen them trailed by undercover agents, struggle to enrol their children into schools or be evicted from their homes.
Terry Halliday, the author of a book about China’s human rights lawyers, said the lawyers’ wives had opened up “a new line of struggle that we have not seen before in China”.
“These women have become a very powerful and visible public presence both of criticism of the government, of appeals for the release of their loved-ones but also impugning China in the eyes of the world. It is remarkable.”
“It’s a whole new front,” Halliday added. 
“It is not so easy for the government to silence wives and daughters.”
Thursday’s hearing was part of a push by human rights groups to convince the Trump administration to use a law called the Magnitsky Act to bring sanctions such as travel bans or property seizures against Chinese officials involved in human rights abuses.
“We should be seeking to hold accountable any Chinese officials complicit in torture, human rights abuses and illegal detentions,” said Chris Smith, the Republican congressman who chaired the session and said he was compiling a list of potential targets.
Smith said he hoped such action could help end the “shocking, offensive, immoral, barbaric and inhumane” treatment of Chinese activists that has accelerated since Xi Jinping took power in 2012.
“While Xi Jinping feels feted at Davos and lauded in national capitals for his public commitments to openness, his government is torturing and abusing those seeking rights guaranteed by China’s own constitution,” Smith said.

jeudi 18 mai 2017

When Chinese Rights Activists Were Jailed, Their Wives Fought Back

By CHRIS BUCKLEY and DIDI KIRSTEN TATLOW
In Beijing last year, the wives of human rights lawyers who were detained in 2015, from left, Wang Yanfang, Li Wenzu, Chen Guiqiu, Fan Lili, Liu Ermin, and Wang Qiaoling. 

BEIJING — Before her husband disappeared into detention, Chen Guiqiu did not ask him much about his risky work as a Chinese human rights lawyer. 
Before word crept out that he had been tortured, Ms. Chen trusted the police. 
Before she was told she could not leave China, she never expected she would make a perilous escape abroad.
Ms. Chen and her two daughters reached the United States in March after an overland journey to Thailand that almost ended in their deportation back to China. 
Her husband, Xie Yang, was tried and convicted this month of subversion and disrupting a court. 
But Ms. Chen said her escape was the culmination of a personal transformation that began after he was detained almost two years ago.
“It was because of all the pressure from all sides — from state security police, my employer — and slowly I lost commitment and hope,” Ms. Chen said in a telephone interview from her temporary home in Texas. 
“I was always being followed. I felt I was living without freedom.”
Ms. Chen’s evolution was part of a startling outcome of China’s crackdown on outspoken rights lawyers and advocates that began in July 2015 — the spouses who resisted. 
She and other wives of rights advocates held in China described their experiences to a congressional subcommittee in Washington on Thursday.
After their loved ones disappeared in the wave of arrests, some family members, especially the wives of the detained lawyers, overcame their fear and fought back, often in a theatrical fashion. 
They used online appeals and visits to jails, prosecutors and courts. 
They gathered in bright red clothes and with red buckets to publicize their demands for information and access to the prisoners.
Their tongue-in-cheek slogan became “Leave the dressing table and take on the thugs,” said Li Wenzu, whose husband, Wang Quanzhang, a human rights lawyer, has remained in secretive custody 21 months after he was detained in August 2015.
“The story of the wives is one of the great stories of the whole crackdown — it is a brilliant adaptation by the activists to repression,” said Terence Halliday, a researcher at the American Bar Foundation in Chicago who has written a book on Chinese criminal defense lawyers. 
“My goodness, the attention they have brought to bear, not just for their husbands, but also the state of the crackdown.”
Chinese state investigators have long applied pressure on detainees’ families to win cooperation and confessions. 
But this time their tactics seemed more systematic, said Wang Qiaoling, the wife of a detained lawyer, Li Heping
Mr. Li was recently released after being tried and receiving a suspended prison sentence.
“They can treat you like hand-pulled noodles, squeeze you into any shape,” Ms. Wang, 45, said in an interview. 
“If you’re isolated and scared, it’s hard to resist.”
Some wives of detainees said they had been forced to move from rented apartments after the police warned landlords. 
Some were prevented from enrolling their children in school. 
And the police recruited relatives to beg them to stay quiet and compliant. 
The families described these tactics as “lianzuo” or “zhulian,” old Chinese terms for the collective punishment of families.
Wang Qiaoling, the wife of the detained lawyer Li Heping, in Beijing last year. Mr. Li was recently released after receiving a suspended prison sentence. 

Some families buckled. 
But others protested and filed petitions about the secretive detentions and trials. 
Ms. Wang encouraged a tight circle of women who rallied the relatives of detainees, arguing that silence would only encourage courts to hand down stiffer sentences.
“If you want to protect your family, you can’t stay silent,” Ms. Wang said. 
“It’s been crucial that we’ve been able to stick together.”
But for Ms. Chen, 42, the journey to defiance was especially wrenching.
While many of the detained lawyers lived in Beijing, she lived in Changsha, the capital of Hunan Province, about 800 miles to the south. 
And she had a secure, state-funded job as a professor of environmental engineering at Hunan University, studying ways to remove heavy metal and organic pollution from water.
While Mr. Xie traveled relentlessly, she cared for their two daughters, now ages 4 and 15. 
And when Mr. Xie was home, they barely discussed his contentious legal cases. 
“It never occurred to me that he could get into serious trouble for being a lawyer,” she said. 
“The children kept us busy enough.”
Initially, when the police took Mr. Xie away, Ms. Chen thought he would be freed quickly once investigators found that he had committed no crime. 
She kept quiet, heeding the advice of the police that silence would buy him lenience.
“Under heavy pressure and ignorant, I chose to accept the police’s illegal orders and went along with them for nearly nine months,” she wrote last year in an essay about her experiences
“I heeded the advice of the state security: no media interviews, no going abroad, no contact with other families involved in the case.”
But like other family members, she ran up against an opaque legal system that held detainees in secrecy for many months with no visits by relatives or access to lawyers.
“Not one office followed the law, not one gave us a legal response,” she said in the interview. 
“That was totally different from what I expected. This was a legal case, and I wanted to defend my husband by using the law, but it was impossible to use the law.”
Her growing frustration led her to speak up and contact other wives of detainees, including Ms. Wang, who offered advice and encouragement.
Ms. Chen was spared some of the intimidation that other families described. 
Her children were not singled out at school, she said. 
But other wives of detainees said their children had been denied access to schools or kindergartens in Beijing after officials warned principals or refused to process paperwork.
But Ms. Chen felt a shock in April last year when she tried to take her daughters on a trip to Hong Kong, a self-governed city that mainland Chinese must get a special pass to enter. 
The police stopped her from taking the train across the border on the grounds that she was a security risk.
Chen Guiqiu, right, with her daughters after arriving at an airport in Texas in March.

“I woke up to the fact that I was being treated as guilty by association,” she said. 
“They told me I was deemed a threat to national security, and if I was already regarded as guilty, then Xie Yang was, too.”
In touch now with a circle of wives of detainees, she occasionally took part in their demands for access and information when she visited Beijing. 
Partly inspired by feminist protests in China in 2015, they took to carrying red buckets and displaying red slogans on their dresses as a display of defiance, especially when visiting Tianjin, the port city near Beijing where many of their husbands were held.
“We developed a headstrong mentality,” Ms. Wang said. 
“The more they wanted to make us feel like heinous criminals, the more we kept up a relaxed, casual attitude.”
But staying upbeat was not easy. 
Ms. Chen began to hear that her husband had been tortured in Hunan, where he was held. 
At first, the accounts came indirectly. 
Then, when Mr. Xie was allowed to see his lawyers in January this year, he spilled out a description of abuses, including beatings and deprivation of sleep
Ms. Chen decided to release the transcripts online, hoping that the publicity would help end the abuses.
Let the world know what forced confession through torture is, what shamelessness without limit is,” Ms. Chen said in a statement at the time.
The government has denied those claims of torture, and at his recent trial, Mr. Xie also retracted them and pleaded guilty, after his own lawyers were replaced by ones chosen by the authorities. 
But many family members of detained lawyers say that the evidence points to widespread abuses, including the forced taking of drugs that made the detainees docile and submissive.
By February, Ms. Chen lived under stifling surveillance, she said. 
Constantly monitored at home and work, and warned by the police, university officials and relatives not to speak out more about her husband, she decided to escape.
She gathered up her daughters, confided her plan to the older one and told the younger one they were going on a trip. 
The security officers who followed her had become used to her driving away to work each day, but Ms. Chen and her daughters quietly walked out, evading the watchers.
Ms. Chen declined to describe the details of how she and her children made the journey to Thailand, fearing that would endanger people who helped her. 
She kept her cellphone turned off, but the Thai police tracked her to a safe house — she believes with help from Chinese security officers alerted to her disappearance.
After a court appearance, Ms. Chen and her children were taken to a detention center and told they would be sent back to China. 
Officials from the United States Embassy in Bangkok stepped in and secured her release after haggling with the Thai authorities, she said. 
On March 17, Ms. Chen and her children arrived in Houston, after a standoff with Chinese and Thai officials at Bangkok International Airport.
Mr. Xie was given a suspended prison sentence, but he remains cut off from normal contact, apparently under police guard outside Changsha, Ms. Chen said.
“I hope that one day Xie Yang can join us here,” she said. 
“But we might have to wait a long time to see him. We’ve already waited a long time.”

samedi 13 mai 2017

Rule by Fear and Torture: China's War on Law

Chinese lawyer wore torture device for a month
By John Sudworth
A picture of Mr Li from 2012 and one taken after his release

It's a form of restraint that would be more in keeping with the practices of a medieval dungeon than a modern, civilised state.
But the device -- leg and hand shackles linked by a short chain -- is a well-documented part of the toolkit that the Chinese police use to break the will of their detainees.
And it is one that they forced one of this country's most prominent human rights lawyers to wear, for a full month.
Li Heping was finally released from detention on Tuesday and his wife Wang Qiaoling has now had time to learn about the treatment he endured over his almost two-year-long incarceration.
"In May 2016 in the Tianjin Number One Detention Centre, he was put in handcuffs and shackles with an iron chain linking the two together," she tells me.
"It meant that he could not stand up straight, he could only stoop, even during sleeping. He wore that instrument of torture 24/7 for one month."
She adds: "They wanted him to confess."

China's war on law
In one sense, Mr Li was lucky.
A 2015 investigation by Human Rights Watch into the use of torture by the Chinese police revealed the case of a man who was forced to wear this type of device for eight years.
In 2014 an Amnesty International report documented the supply and manufacture of torture equipment by Chinese companies, including the combined hand and leg cuffs.
Torture devices like the one used on Li Heping are readily available online
"The use of these devices causes unnecessary discomfort and can easily result in injuries," William Nee, China Researcher at Amnesty International, tells me.
"Such devices place unwarranted restrictions on the movement of detainees and serve no legitimate law enforcement purpose that cannot be achieved by the use of handcuffs alone."
Li Heping is one of a group of human rights lawyers who were detained in July 2015, in a crackdown since referred to as China's war on law.
Of course, threats, intimidation and violence have always been part of the risks for any lawyer daring to take on the might of the Communist Party in its own courts.
But Xi Jinping has made it clear that he sees the ideal of constitutional rights, guaranteed by independent courts, as a threat to national security.
So his war on law sends a clear message.
Résultat de recherche d'images pour "badiucao torture"
For those like Mr Li, representing the victims of China's illegal land grabs, religious persecution or political repression, the threat is not just from corrupt local officials or powerful businessmen, but from the state itself.
The before and after photos offer a visual clue to his time in detention.
One taken in 2012 shows an assured, cheery lawyer.
The one taken on his release shows him noticeably thinner and looking older than his years.
Wang Qiaoling tells me she barely recognised him.
And she tells me about the other forms of ill-treatment that her husband has described to her since his release.
"He was forced to take medicine. They stuffed the pills into his mouth as he refused to take them voluntarily," she says.
"The police told him that they were for high blood pressure, but my husband doesn't suffer from that.
"After taking the pills he felt pain in his muscles and his vision was blurred."

Gruelling questioning
"He was beaten. He endured gruelling questioning while being denied sleep for days on end," she goes on.
"And he was forced to stand to attention for 15 hours a day, without moving."
Amnesty International's William Nee tells me that each of these methods of ill-treatment could be considered torture by themselves.
"Cumulatively, they would demonstrate a clear intent by the authorities to inflict physical and mental torture with the goal of getting Li Heping to confess," he says.
"Since China is a party to the Convention against Torture, these serious allegations should prompt the Chinese authorities to immediately launch a prompt, effective and impartial investigation to assess whether this torture took place."
Despite the prolonged and extreme nature of the torture, Ms Wang tells me her husband never did confess.
"He was worried that he might be tortured to death in the detention centre and he wouldn't make it to meet his family again, so he reached an agreement with the authorities that the trial would be held in secret.
"He would be given a suspended sentence but he never admitted guilt or confessed that he had subverted state power."

Barred from the media
At that secret trial, the details of which were released by China's state-controlled media afterwards, the court ruled that Mr Li had "repeatedly used the internet and foreign media interviews to discredit and attack state power and the legal system".
As a result of his conviction, he is now unable to practise law and has also signed an agreement that he will not carry out any further media interviews.
But his wife, despite constant intimidation, refuses to be similarly constrained.

Plain-clothes policemen still surround the family home and she was followed to our agreed interview location.
Wang Qiaoling's account tallies with that of other lawyers caught up in the crackdown, including Xie Yang, whose court case was heard this week.
He had alleged similar abuses during his interrogations -- including shackling, beatings and being made to remain in the same position for hours on end.
We called the Tianjin Number One detention centre to ask about the allegations that Li Heping was tortured there.
"We don't do any interviews," came the reply. 
"If you want to do an interview, please go through the legal and proper channels."

lundi 8 mai 2017

China lawyer’s family says US helped them flee

By Gerry Shih 

In this March 17, 2017, photo and released by China Aid, Chen Guiqiu, right, holds a “Welcome to America” sign with her daughters Xie Yajuan, 15, and Xie Yuchen, 4, after arriving at an airport in Texas. Chen whose husband, prominent rights lawyer Xie Yang, is held on charge of inciting subversion made a harrowing flight from China with her daughters chased by Chinese security agents across Southeast Asia. 

BEIJING — Stuck in a Bangkok jail with a deportation order against her, Chen Guiqiu waited with dread over what seemed certain to come next. 
A Thai immigration official showed her surveillance video of the jail entrance, where more than a dozen Chinese security agents were waiting.
Within minutes, Chen feared, she and her two daughters would be escorted back to China, where her husband, the prominent rights lawyer Xie Yang, was held on a charge of inciting subversion — and where punishment for attempting to flee surely awaited her.
After weeks on the run, Chen was exhausted, and so was her luck. 
A Christian, she prayed: “Don’t desert us now, not like this.”
Help arrived, from America.
U.S. Embassy officials managed to enter the facility just in time to whisk Chen and her daughters out a back door. 
The Chinese agents outside soon realized what had happened and pursued them, finally meeting in a standoff at the Bangkok airport where Chinese, Thai and U.S. officials heatedly argued over custody of the family.
Chen and her supporters disclosed details of her family’s March escape for the first time to The Associated Press. 
Their journey reveals the lengths that China’s government has been increasingly willing to go to reach far beyond its jurisdiction in the pursuit of dissidents and their families.
The saga also demonstrates that in at least some cases, American officials are willing to push back, even at a moment weeks before Donald Trump and Xi Jinping were to meet in Florida. 
The Trump administration has been criticized for downplaying human rights in foreign policy, but may have viewed Chen’s case as special — if not for herself then for her youngest daughter, a 4-year-old American citizen.
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The family’s ordeal began July 9, 2015, when the Chinese government launched a nationwide crackdown on human rights lawyers. 
Chen’s husband, Xie, a lawyer who represented evicted farmers and pro-democracy activists, was among dozens detained in the “7-09 crackdown” and, months later, charged with crimes against the state.
In January, Chen helped release her husband’s account of being beaten, deprived of sleep and otherwise tortured while in detention — drawing further condemnation of Beijing by Western governments. 
Police summoned Chen for hours-long meetings where, she said, they threatened to evict her, deny her children schooling and have her fired from her job as a professor of environmental engineering at Hunan University.
By early February, the pressure was becoming unbearable. 
Seemingly unable to extract a confession out of Xie, the authorities turned up threats against Chen and, increasingly, those close to her.
When police detained Chen’s 14-year-old daughter as she tried to board a train for Hong Kong, Chen knew a travel ban had been placed on their names.
That was when she decided to contact Bob Fu, a Christian rights activist based in Texas who has helped several high-profile dissidents flee China, including Chen Guangcheng, a blind rights lawyer whose 2012 flight to the U.S. Embassy in Beijing sparked diplomatic tensions.
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“We’re going on a trip,” Chen told her daughters the morning of Feb. 19.
They headed south from their home in central China, then crossed into at least two countries without paperwork. 
There were nights, she said, when they had nowhere to sleep and days when they had nothing but a bag of chocolates to eat.
Traveling by foot and car for five days, they finally arrived at a safe house in Bangkok whose owners knew Fu.
Even though Chen took precautions, never turning on her phone or accessing the internet, Chinese authorities had gotten wind that she might be in Thailand. 
While she was in hiding, Chinese security agents forced her 70-year-old father, her sister, her university employer and other relatives and friends to fly with them to Bangkok in an unusual attempt to locate her.
Less than a week later, on March 2, Thai police, directed by a Chinese translator who Chen believed was from the Chinese Embassy, barged into the safe house, seized her belongings and sent the family to detention. 
It is unclear how they were located.
Chen appeared in immigration court the next morning. 
She was accompanied by the translator, who took away Chen’s phone and snapped pictures of Chen’s court documents with her own phone camera. 
A judge ruled that Chen had entered the country illegally and ordered her deported. 
The translator paid for her legal proceedings and fine.
An increasing number of Chinese in recent years have sought refuge in Thailand only to be sent back. In 2015, Thailand deported two Chinese dissidents who the United Nations recognized as refugees, a journalist who feared Beijing’s persecution and 109 minority Uighurs who said they had fled repression. 
Later that year, a Hong Kong publisher of books on Chinese political gossip vanished from his Thai home and into Chinese custody, alarming the international community.
As Chen was taken back to the jail to pick up her children and things, with Chinese officials waiting for her outside, she appeared likely to meet a similar fate.
___
In Texas, Fu was dumbfounded by news of Chen’s arrest. 
He sprang into action to alert the State Department, and his associates in Thailand, who quickly located her in the jail.
According to Fu, U.S. officials made it into the facility on March 3 while Chen was in court, found Chen’s daughters and stayed with them while they searched for the mother. 
Finally, through their Thai contacts in the jail, the Americans located her and convinced Thai officials to let them whisk her out the back, said Fu and another person with knowledge of the operation, who spoke on condition of anonymity because the person was not authorized to speak publicly.
The family piled into a car and sped through Bangkok’s congested streets headed for the airport while Fu, 12 time zones away, frantically tried to book flights and prepare the family’s requisite U.S. paperwork.
But the Chinese agents were not far behind.
Despite her deportation order, Chen was stopped at the airport by Thai immigration officials who explained that they were under immense Chinese pressure to prevent her departure. 
In an hours-long standoff at the airport, the person with knowledge of the operation said, the confrontation between the Chinese, American and Thai officials nearly boiled over into a physical clash.
Chen and Fu declined to explain what happened next, citing diplomatic sensitivities, other than that the family eventually made it to the U.S. on March 17.
It is unclear whether Chen was housed in the U.S. Embassy in the intervening weeks or whether and how a deal was negotiated to allow Chen’s departure from Thailand.
A spokesman for China’s foreign ministry said Monday he was not aware of the matter. 
The Ministry of Public Security did not respond to faxed requests for comment. 
Thai and U.S. authorities declined to comment on Chen’s experience.
Justin Higgins, a State Department spokesman for East Asia, said that in general the U.S. “urges China to release all of the lawyers and activists detained in the July 9, 2015, crackdown and remove restrictions on their freedom of movement and professional activities.”
It’s unusual for U.S. officials to take such bold action to help Chinese citizens — in Chen’s family’s case, human rights workers say. 
But the citizenship of Chen’s younger daughter, who was born 4 years ago in the U.S. while Xie was studying in the country on a sabbatical, was likely a key factor.
Compared to previous years, when China’s diplomacy with its neighbors touched mostly on economic and national security issues, Beijing increasingly demands foreign governments’ cooperation when it hunts for fugitives, even those whom other countries may view as political dissidents.
China is exporting its human rights abuses beyond its borders,” said Susan Shirk, chair of the 21st Century China Center at the University of California, San Diego, and former deputy assistant secretary of state for East Asia.
“The Thai government has always tried to maintain good relations with the U.S. and with China,” Shirk said, “but these kinds of cases make that balancing act very difficult.”
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The U.S. may be changing its stance on China, given Trump’s effusive praise for Xi and Secretary of State Rex Tillerson’s recent remarks that Washington will not force human rights issues on other nations. 
Yet Chen’s case suggests that America is still willing to confront China on thorny rights issues, at least when U.S. citizens are involved.
“This administration appears to be more muscular, more assertive, and we’re seeing ‘Putting Americans First’ play out,” said John Kamm, the founder of the Dui Hua Foundation in San Francisco who has advised U.S. administrations on Chinese human rights issues. 
“But what I’m hoping is that ‘Putting Americans First’ doesn’t mean putting other people last.”
Kamm noted that two U.S. citizens — Texas businesswoman Sandy Phan-Gillis and aid worker Aya Hijazi — were released by China and Egypt, respectively, in recent weeks in response to high-level pressure from U.S. officials. 
Yet the U.S. notably did not sign onto a letter from 11 Western countries who, spurred by Xie’s allegations, protested the torture of Chinese human rights lawyers.
Now safe in Texas, Chen said she wanted to thank the State Department and the Trump administration. 
But her sense of relief has been tempered by a painful reckoning of the ruin and chaos she left behind.
Xie’s trial began Monday and was expected to be completed by day’s end. 
A government-appointed defense lawyer is representing him.
Chen Jiangang, Xie’s former lawyer who helped release his account of torture, was detained last week in a Chinese province near Myanmar, human rights observers say.
The relatives of Chen who were pressed by the government to travel to Thailand have had their passports confiscated upon their return to China. 
They have been repeatedly interrogated, and their jobs have been threatened.
The electricity at Chen’s apartment has since been cut, forcing her elderly father to move back to his village. 
Authorities have emptied her Chinese bank accounts, she said.
For now, Chen and her daughters are living off the charity of her supporters. 
The former professor plans to seek a job, a home, and school for the girls. 
Chen said she was happy to start over in America. 
She has little money, but still has her voice.
“All the things we tried to expose, all the articles we used to write about the truth of 7-09 — the harassment, the torture, the denial of our children’s schooling, the forced evictions — we were always smeared so quickly,” she said.
“If I’ve escaped the country, they can’t control the situation anymore. Now, what can they do?”