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荒诞者共和

ABSURDIST REPUBLIC

Posts tagged with "Chen Guangcheng"

Blind Justice

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Hannah Beech
The Times
Aug 27, 2006


The text message on my cell phone came last Thursday as I was standing in my Shanghai apartment, surrounded by packing boxes and bubble wrap. Preparing to leave after more than six years in China, I was feeling nostalgic. This is not an easy place to be a journalist--phones are often tapped, sources sometimes harassed--but the economic developments that have transformed this country bring with them an infectious optimism. People's lives are getting better. The polite packer helping to direct traffic in our apartment told my husband he had helped move us into our flat three years ago. Back then he was a simple day laborer; now he's a foreman. Many stories in China have a similar upward trajectory. If for nothing else, I would miss China for the promise it holds.

Then came the text message: "Chen Guangcheng has been sentenced to four years and three months' imprisonment." I first met Chen a year ago. A native of China's eastern Shandong province, the self-schooled legal activist came to Shanghai to publicize the plight of women who had been forced to undergo abortions or sterilizations as part of the nation's family-planning campaign. China has tried for more than two decades to lower its population through its "one-child" policy, but the coercive measures used in Shandong's Linyi region are now illegal. By publicizing abuses committed by local bureaucrats, Chen believed he could persuade higher-level officials to step in and stop them.

A few days after our first meeting, we got together again in Beijing. As we were leaving, Chen had a last request: Would it be possible to see what I looked like? He lifted his hands and felt my face. My nose, he commented, wasn't especially big for a foreigner's. Chen was blinded by a fever as a small child. His hands--as well as an unusually supportive family that reads out loud to him everything from law books to letters from peasants requesting his legal aid--are what allow him to see the world.

Just hours after our interview, Chen was detained by security officials, who had traveled hundreds of miles from Linyi to Beijing. For the next six months, he was kept under virtual house arrest. Despite the harassment, which included several beatings, he remained hopeful: the State Family Planning Commission in Beijing admitted publicly that Linyi officials had broken the law. Chen kept in contact with foreign journalists through cell phones that friends and family smuggled in for him. Last September I wrote a story for TIME about forced sterilizations in Linyi. The magazine subsequently named Chen to its annual list of the world's 100 most influential people.

After trying to leave his village without official permission last March, Chen was arrested again. The local police finally announced in June that he was being held on charges of damaging property and organizing a mob to disturb traffic. (Witnesses on the scene dispute the allegations.) In previous years, a plea from the U.S. State Department might have helped get a Chinese political prisoner released. But foreign pressure has less effect these days, in part because the international community holds little leverage. China is the world's factory. It holds bountiful foreign-currency reserves. It will be host to the Olympics in 2008. The balance has shifted from China's feeling as if it needs the world to the world's needing China.

The news that Chen was sentenced, after a two-hour trial, to more than four years in prison has left his supporters stunned. His wife Yuan Weijing, who has been under house arrest for months, says her 3-year-old son tells her he doesn't want to start supper until his father comes home. "Today," she said over a cell phone, "I had to tell my child that his father won't be joining him for dinner for a long time."

I had been worried how Yuan would receive our call. I wondered whether she would blame the international media for publicizing the forcible family-planning campaign, perhaps prompting Linyi officials to take out their anger on her husband. But Yuan wasn't bitter. "I am proud of my husband," she said, "and I want the outside world to know what is truly happening."

As I packed up the final boxes for my move from Shanghai, I couldn't shake the disgust I felt over Chen's sentencing. But I was also moved by Yuan's conviction that the outside world needs to know what is happening in Linyi. Hers is a faith based on a system that has not yet taken root in China, one in which justice prevails and heroes like her husband are honored. If Yuan can have hope in China's future, I should too. I can't pack that sense of optimism in a box, but it is something I will treasure long after I leave.


Beijing Standoff

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Simon Elegant
The China Blog, Times
July 9, 2007


A strange story is unfolding in Beijing. It involves dissidents, secret policemen, a jailed blind activist and a tense standoff which has security officials besieging an apartment in which an activist and her daughter are holed up and refusing to leave for fear of being kidnapped-- by police.

Last Thursday, Yuan Weijing, the wife of that blind activist Chen Guangcheng, slipped out the back door of her home in a village in Shandong Province, evaded the guards stationed nearby and caught a bus up to Beijing with her 2 year old daughter. When she arrived she went straight to the apartment of another activist, Hu Jia, which was somewhat strange as Hu and his wife Zeng Jinyan, had only recently been released from house arrest themselves. (Zeng was selected earlier this year as one of Time's 100 most influential people for her efforts via the internet to secure his freedom after he was arrested last year.) Yuan, however, is a determined lady and had decided to come up to Beijing to speak with a human rights officer at the U.S. embassy about her husband's case. Chen, a self-trained lawyer about whom TIME has written often, most recently on this blog, is serving a prison sentence for, well, easier to just go to this story for background. Anyway, Chen was beaten in prison, allegedly for refusing to have his head shaved (the mark of a convict), and went on hunger strike for three days. After a visit in which she found him in a pretty parlous state, Yuan persuaded him to give up his hunger strike. She also decided to come up to Beijing in pursuit of her campaign to allow Chen --who has been blind since childhood--to serve his prison term at home, as is allowed under Chinese law when medical conditions suit, as is the case with blindness. He is hardly a danger to the public.

Yuan, her daughter, Hu and Zeng all set out for the embassy on Friday but were blocked from leaving by police stationed outside their apartment block. Hu, who says he recognizes some of them men, alleges that both the ordinary Beijing police and the State Security Bureau (the guys to worry about) are represented among the three carloads of guards assigned to them. Yuan also says that some of the men are from her home province of Shandong and are intent on kidnapping her and taking her back. This wouldn't be unusual as that's exactly how Chen himself was detained back in 2005, shortly after a meeting with a Time reporter. We spoke to Yuan on the phone and she said she will wait out the police for the time being, but can't leave the apartment for fear of being kidnapped. Here's what she had to say:

"I am not a criminal but I have had no freedom since August 20, 2005. (when Chen was detained) There are people watching me all the time. This time, I escaped from home. The situation that my husband is in left me with no choice. Even though they are downstairs trying to kidnap me like they did with my husband, they are wrong if they think they are going to stop me from doing what I came to Beijing to do. When I am finished with my work here, I will leave."

It could be a long standoff.


Surreal Sunday in Beijing

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Simon Elegant
The China Blog, Times
July 16, 2007


This is a follow up on my previous post about the travails of the blind activist Chen Guangcheng and his wife, Yuan Weijing. You may recall that Yuan fled her home in rural Shandong Province to travel to Beijing. She hoped to meet a U.S. embassy official and international journalists in an attempt to publicize her husband's plight.

On Sunday, a colleague and I went to visit Chen's wife, who has been holed up in a friend's apartment since she arrived in the capital on July 6 because of fears she might be kidnapped by policemen from her province and taken back to Shandong. As this is exactly what happened to her husband two years ago (right after meeting with a TIME reporter, which wasn't a good omen), it isn't an unreasonable fear. Yuan's hosts, activist Hu Jia and his wife Zeng Jingyan, had warned us that there were three carloads of police outside the gates of their compound and that some diplomats who had visited earlier weren't allowed to enter. We were pretty confident we would be let in, though. The new "Olympic" rules allowing foreign journalists to interview anyone so long as they give their consent have been in effect for seven months now, and the police are well briefed on them, at least in Beijing.

The only visible guard was a plump, polite fellow in a striped polo shirt and shiny brown patent leather shoes. He told us he was a policeman (initially in English, sort of) and then proceeded to laboriously record the details of our journalist IDs. He also asked when our appointment was and even smiled sheepishly when I told him and added that he probably knew that already.

In Hu Jia's fourth floor walk up apartment we were introduced to Yuan, who was wearing a t-shirt emblazoned with a picture of her husband. She explained that she had decided to come up to Beijing after seeing Chen in jail four days after he was beaten. He still had bruises all over his body and couldn't walk upright because of blows he had received to his side, she said. Yuan described how he had refused to allow his head to be clean shaven. "He didn't mind having it cut short but a totally shaved head is a sign of a criminal. 'I am not a criminal, I am a Chinese worker," he told them." His defiance seemed to have angered someone in authority and some six or seven other convicts jumped him and beat him. Then he was pushed to the ground, his hands manacled behind his back, and held down while his head was shaved. Yuan said the prison authorities later told her that they had conducted a medical exam on Chen and there was no evidence of his having been beaten. They also told her that in fact, he had attacked a fellow prisoner, not the other way round. Such denial of what she had seen so clearly alarmed her. Yuan said she was worried that he might be beaten again or be subjected to other punishments, hence her trip to Beijing. She said she was trying to make her case that, as he is incapable of looking after himself because of his blindness, he ought to be freed to serve out his term at home as is specified under Chinese law. Right now, Yuan is waiting until the 18th, when Chen's mother and brother will seek to visit him in jail (the family is allowed to visit once a month but the authorities have been threatening to suspend visitation rights because of the have been getting from the foreign media about Chen's condition). If he hasn't suffered any further problems, Yuan says she'll go home to Shandong. Otherwise, she'll try and get his story out again, though it's not clear exactly how she plans to do that.

"There are other people in jail but Chen's case is very unusual because he is blind and it is so clear he is in jail unjustly," Yuan said. She's right of course. What makes Chen's case so odd is that Beijing could make most of the controversy around it go away by doing what she's asking. He'd still be confined to his house and unable to organize or agitate or probably even talk to the media. But so long as he is in prison and getting beaten, a helpless blind man who did nothing more than try and help a group of women who were being forced to undergo sterilization by overzealous family planning officials, it's a story that will continue to draw attention from reporters.
. We drank tea and talked. Yuan's daughter came out to play. Some guys arrived to install an extra bed. Then we left with all the usual polite exchanges. It was all very normal and slightly surreal to think that if she ventured a few meters out the door of the apartment block she would be bundled into a white van they had spotted earlier and driven back to Shandong. On the way out, the policeman, who had found himself a folding chair and was slumped in it, belly bulging, waved to us and called out a cheery, "bye bye."


Chinese Activists Stage Rolling Hunger Strike

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Radio Free Asia
2006.02.08


Original reporting in Mandarin by Ding Xiao and in Cantonese by Lei Kin-kwan. RFA Mandarin service director: Jennifer Chou. RFA Cantonese service director: Shiny Li. Translated and written for the Web in English by Luisetta Mudie. Edited by Sarah Jackson-Han.

HONG KONG—Leading Chinese rights activists, angry at the Communist Party's treatment of Chinese citizens, are staging a rolling hunger strike launched by Beijing-based lawyer Gao Zhisheng, whose own fast lasted 48 hours.

Read more...


A Chinese Activist Lost in the System

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By SIMON ELEGANT
Time Magazine
Feb. 15, 2007


China's gleaming skyscrapers and big Olympic plans hide the realities of political oppression. Take the case of Chen Guangcheng

As China prepares to celebrate the Lunar New Year this weekend, there is much hyperbole about the country's gleaming new skyscrapers, swelling middle class, dazzling preparations for the Olympics and so forth. But it is always worth getting a reality check on what underlies that rosy picture, the fact that China remains a highly repressive authoritarian state. I met recently in a small Beijing cafe with social activist Teng Biao and public-interest lawyer Li Heping, two unassuming gentlemen who are painfully well aware of the lengths the Chinese system will go to preserve itself.

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Retrial of Blind Human Rights Advocate Chen Guangcheng

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China orders surprise retrial for blind activist
Reuters
Oct 31, 2006


[Click tag of Chen Guangcheng for more about the case.]

BEIJING (Reuters) - China overturned a guilty verdict against a blind human rights activist and ordered a retrial in a controversial case that galvanised domestic and international criticism of the country's legal system.

A lawyer for Chen Guangcheng said he was told on Tuesday that an intermediate court, in a surprise about-face, had overturned the verdict and had ordered a new trial by Yinan county court in the eastern province of Shandong.

Chen was sentenced in August to four years and three months in jail for destroying property and disturbing traffic in a village protest.

Rights activists said the unexpectedly heavy sentence indicated officials were clamping down on "rights defenders" -- a growing network of lawyers, academics and dissidents seeking to expand freedoms through litigation and Internet-driven campaigns for legal reform.

"The case will now go back to the Yinan county court," lawyer Xu Zhiyong said by telephone.

"This shows the original verdict was seriously flawed, as we argued at the time. But now the problem is whether the new trial will recognize that and the court will reject its own previous verdict," Xu added.

Another lawyer involved in the case said Chen was still in jail and that a result from the new trial could not be expected for another one to two months.

"Hopefully in the next few days we'll get to see him," Li Subin told Reuters.

TRUMPED UP CHARGES?

Chen had gained an international reputation as an outspoken activist after criticizing local officials for enforcing harsh population control measures, including forced abortions.

His family and lawyers maintained the charges were trumped up to silence him and he appealed against the August 24 verdict and sentence.

Hu Jia, a Beijing dissident now under house arrest, welcomed the court's decision, but warned against being overly optimistic.

"Prior to this, every development had been worse than the last, but this judgment has put a stop to that trend," Hu said by telephone.

He added that China may be trying to divert international attention away from its poor human rights record, especially as it gears up to host a large summit on Africa, and said the final outcome of Chen's case may still not be favorable.

"It is still too early to say that we have won this case," Hu said. "We are certain that history will make a fair judgment."

The Hong Kong-based Information Center for Human Rights and Democracy said Chen's case raised hopes that an appeal by Ching Cheong, a Chinese-born Singapore reporter jailed in China on spying charges, may also be successful.

Chen, who was tried without his lawyers present, had educated himself in the law and campaigned for farmers' and blind citizens' rights.

At a July hearing that was canceled at the last minute, supporters of Chen said they were beaten by police and hired thugs.

"Abuse, beatings, detentions of his lawyers, continuing harassment of anybody who tried to help him, including his wife and family -- why should a civilized country do this?" Jerome Cohen, a China legal scholar and professor at New York University, said in Beijing earlier this week.

(Additional reporting by Ben Blanchard and Lindsay Beck)


Blind Chinese Activist Gets 4 Years

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Supporters See Sentence as Punishment for Exposing Forced Abortions, Sterilizations

By Maureen Fan
Washington Post Foreign Service
August 25, 2006

[Maureen Fan is based in Beijing for The Washington Post. Fan began her reporting career with the South Morning China Post in Hong Kong. She has reported for the Los Angeles Times, Newsday, the New York Daily News and the San Jose Mercury News. In the New York bureau of the Mercury News, Fan reported on business, technology and breaking news, including the Sept. 11 attacks. She also covered the war in Iraq for Knight Ridder Newspapers. Fan joined The Washington Post's metro staff in 2004. Read more of her articles on China here. Researchers Jin Ling and Jiang Fei contributed to this report.]

BEIJING, Aug. 25-- A blind rural activist who attracted international attention for exposing forced abortions and sterilizations in eastern China was sentenced to four years and three months in prison on charges that he damaged property and disrupted traffic, state media reported Thursday evening.

Supporters of the activist, Chen Guangcheng, immediately denounced the verdict, which came less than a week after a closed-door trial at which he had been deprived of his defense team.

Chen, 34, originally faced five years in prison on the charges, which stem from an incident in his village in February. He received a far more severe sentence than others charged in connection with the case, his wife and lawyers said.

"I didn't expect they would punish him this severely," said Chen's wife, Yuan Weijing, who, like Chen's lawyers, learned of the verdict through news media. "The whole operation stinks and is illegal and under the table."

"I don't know what to do now," she said, her voice cracking. "I want to visit him, but I don't think they will allow me."

One of Chen's top defense attorneys, Xu Zhiyong, vowed to appeal. He and Chen's other attorneys were accused of theft and detained by police the night before the trial; Xu was released an hour after it concluded. Chen was represented, over his objections, by court-appointed lawyers whom he had never met.

His supporters say the charges were trumped up to retaliate against him for preparing a class action lawsuit that embarrassed local family planning officials last year. He took testimony from thousands of residents who said officials had raided the homes of families with two children and demanded that at least one parent be sterilized. They also said authorities had forced women pregnant with a third child to have abortions.

Chen has been under house arrest or in jail for a year. His trial has brought international condemnation of China's legal system and galvanized human rights lawyers, who say they are feeling a sharp upturn in official pressure.

"Authorities always control us human rights lawyers, but it has been tighter in the last two months," said Teng Biao, a Chen supporter and a lecturer at the China University of Political Science and Law.

Luo Gan, the Politburo member responsible for internal security in China, warned this summer against the destabilizing influence of rights lawyers and activists.

In an issue of a Communist Party journal, Luo called for the adoption of "vigorous measures to effectively prevent hostile forces and people with ulterior motives from exploiting conflicts." He said some Chinese had engaged in "sabotage under the disguise of 'rights protection.' "

Last week, Gao Zhisheng, a well-known human rights lawyer who has lobbied for Chen's release, was abruptly taken from his sister's home by a group of men with no identification, no warrants and no legal documents. Gao, 42, is being detained for unspecified "criminal activities," the official New China News Agency later reported.

Hu Jia, an activist and a friend of Gao's who is also under house arrest, said he had learned details of the incident from Gao's sister.

"More than 10 people rushed into Gao's sister's house and put a black hood over Gao's head. So many men surrounded him that she told me, 'I could only see his slippers,' " Hu said.

"The men pushed me onto the sofa and covered my mouth with their hands. They took away my cellphone and my brother's car key. Everything happened in a few minutes. They didn't say a word," Gao's sister said, according to Hu. "The next day police came to my house, returned my mobile and told me two things. One, that the group of people who came over yesterday were from Beijing and, two, not to tell anybody what happened, to pretend I didn't see anything."

Hu said a "psychological war" has been initiated by the party to terrify lawyers and advocates into "behaving."

On Thursday, international rights lawyers condemned the verdict in the Chen case.

"The Communist Party has decided to thumb its nose at the world by allowing this flagrantly unjust conclusion, and Chen will become the poster boy for advertising this," said Jerome Cohen, a professor of Chinese law retained by the New York Times to help defend Zhao Yan, a Beijing-based researcher for the paper who has been charged with leaking state secrets. Zhao was sentenced Friday to three years, including the two years he has already served in a detention house, so he will be released a year from now. The court threw out a charge of leaking state secrets to the foreign media, but found Zhao guilty of fraud in connection with taking $2,500 from a man in Jilin province, in northeast China. Lawyers for Zhao, however, plan to appeal, saying he is innocent of all charges.

"This is a turning point in the harsh crackdown against lawyers and other rights defenders," said Sharon Hom, executive director of New York-based Human Rights in China. "It moves rights defenders into the 'enemy camp,' of F*l** Gong activists, Tibetan activists and democracy activists."


Out for Justice: Chinese Lawyers are Opening a New Front in the Nation's Struggle for Human Rights

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by Jennifer Chou

Source: Weekly Standard
08/24/2006

[Jennifer Chou is the director of Radio Free Asia's Mandarin Service. Her column "China Watch" at Weekly Standard is here. Our previous post about Chen Guangcheng, the blind lawyer is here.]

SUPPORTERS OF HUMAN RIGHTS in China were heartened when, during her recent visit to Beijing, Assistant Secretary of State Ellen R. Sauerbrey urged the Chinese government to release Chen Guangcheng. Chen, a 35-year-old blind legal advocate from the eastern province of Shandong, had incurred the wrath of local officials in June 2005 when he helped villagers file an unprecedented class-action lawsuit. The suit charged health officials with subjecting the villagers to sterilization and forced abortion in order to meet Beijing's birth-control quotas.

Assistant Secretary of State Sauerbrey's plea fell on deaf ears. A mere nine days later, on August 18, Chen Guangcheng was tried in a proceeding that, according to his defense lawyers, is itself illegal under Chinese law.

The night before the trial was scheduled to begin, three lawyers who had traveled from Beijing to defend Chen were accused by police of stealing a wallet and were detained. Two of them, Zhang Lihui and Li Fangping, were released after roughly two hours of questioning. A third lawyer, Xu Zhiyong, was kept in custody.

The next morning, hundreds of police surrounded the courthouse to block Chen's supporters from attending the trial. With one member of the defense team in police custody and Chinese authorities having twice rejected a request by counsel to consult with their client, Chen's defense team asked for a postponement of the trial. This request, too, was rejected. Despite strong and repeated protests from the defendant, the court assigned Chen two lawyers whom he had never met.

In an interview with Radio Free Asia following the two-hour trial, Chen's older brother, one of three family members who attended the trial, described the proceedings as "unbearable." The prosecutor, he reported, read out loud the offenses while Chen kept silent throughout. The judge then announced that the defendant's silence amounted to an admission of guilt. Finally, when the two court-appointed defense attorneys were asked by the judge if they had anything to say, they voiced no objection.

Less than two hours after the trial ended, Xu Zhiyong, the lawyer for Chen who had been detained on charges of stealing a wallet, was told that he was free to go. Speaking to Radio Free Asia after his release, Xu, a deputy of a district people's congress in Beijing, characterized the trial as "utterly absurd."

Prior to going on trial, Chen had been kept under house arrest in his native village of Dongshigu, Yinan County, since August 2005. On February 5 of this year, between three and four hundred Dongshigu villagers clashed with police in a protest against Chen's house arrest and the harassment of his relatives. Three police vehicles were overturned by the angry crowd and several protesters were slightly injured.

On March 11, the self-taught jurist, known affectionately as the "barefoot lawyer," vanished from his home. For three months his family did not know his whereabouts. Repeated inquiries by Radio Free Asia to local police during this time were met with a standard response of "don't know."

Three months later, Yinan county officials acknowledged that they had Chen in custody. Chen's lawyers and supporters began mounting a rescue campaign, which included a press conference scheduled for June 19 in Beijing. However, this event was canceled after would-be participants were harassed and prevented by police from attending. On that same day, Chen's 70-year-old mother, his three-year-old son, and his older brother were kidnapped outside the home of one of his lawyers in Beijing by some 10 unidentified men and transported back to Dongshigu village.

Two days later, on June 21, Chen's wife was informed that the state prosecutor's office had formally approved Chen's arrest on charges of "willful destruction of public property" and "gathering a crowd to disrupt traffic." Two defense attorneys, including Li Jinsong, visited him that day at the Yinan County Detention Center. Chen told them he had been warned that "it's not abnormal for someone to die in a detention center." Commenting on the death threat against Chen, Li Jinsong told Radio Free Asia that he was making plans to visit Chen's wife in Dongshigu village in a couple of days, and that he was expecting "trouble."

And trouble there was. On June 23, Li Jinsong's taxi was stopped by more than a dozen men before it could enter the village. Li Jinsong, another member of Chen's defense team, and the cab driver were all forced out of the car and roughed up. After returning to Beijing the next day, Li was advised by an anonymous caller that he was "seeking death."

On June 27, Li Jinsong and another lawyer traveled again to Yinan County in Shandong province. This time, the car they were traveling in was overturned and their cameras smashed by some 20 men. Li Jinsong was then taken in for questioning. In an interview with Radio Free Asia after his release, Li said the police were present during the assault but did not intervene.

Chen Guangcheng's defense team learned on July 7 that his trial had been scheduled for July 17. The trial date was then moved to July 20. On the morning of July 20, two hundred of Chen's supporters, some visually impaired, gathered outside the courthouse in Yinan County in a show of solidarity. Some wore T-shirts with Chen's picture. A scuffle ensued, during which individuals who appeared to be plainclothes policemen smashed the protesters' cameras and camcorders. Meanwhile, Chen's lawyers learned at the last minute that the trial had once again been postponed; this time because, according to Li Jinsong, the prosecution demanded more time to collect evidence.

On August 15, Chen's defense team learned that the trial had been rescheduled for August 18.

Chen Guangcheng's case highlights some of the problems facing China today: a judicial system that lacks due process and an increasingly murky, and at times violent, alliance between local bureaucrats and criminal elements. Even more important, Chen's case underscores one of the most significant developments in China in recent years: the emergence of rights consciousness at the grassroots level. People across all sectors of society are becoming increasingly conscious of the fact that they are citizens, ostensibly with legal rights and protections, and they have grown increasingly vocal in asserting these rights.

On an almost daily basis there are unruly protests in China for one cause or another. Some of these are met with government-sanctioned violence. In some rural areas it is peasants protesting against land-expropriation schemes that offer inadequate compensation. In other venues, villagers have blocked the construction of power plants that they believe will pollute the local environment. Teachers have staged sit-ins demanding better pay and benefits. Cab drivers go on strike over escalating license fees. Retired workers hold demonstrations for more generous pensions. Families of miners who died in industrial accidents demand greater restitution from mining companies. People forcibly evicted from their homes to make room for urban renewal projects band together to petition the central government. According to the Chinese Ministry of Public Security, there were as many as 87,000 such "mass incidents" last year alone.

Chen Guangcheng took a different approach. He advised his clients to seek redress of their grievances through peaceful, legal means, rather than by taking to the streets in collective protest.

This past April Chen was named by Time magazine as one of the year's "Top 100 People Who Shape Our World," but he is just one of many legal crusaders in China. Another notable example is Gao Zhisheng, a Christian who openly called upon Chinese leaders to stop persecuting followers of the spiritual movement Far Long Gone (editor's note: original name was changed to avoid censorship). Gao, who had his law license suspended and had been under round-the-clock police surveillance for more than eight months, was taken into police custody on August 15 in Shandong while visiting with his sister. The official Xinhua News Agency reported that Gao was being held "for questioning for his suspected involvement in criminal activities." Gao Zhisheng is also a vocal supporter of Chen Guangcheng.

Guo Feixiong, a Guangdong lawyer who provided legal advice to Taishi residents in their attempt to recall an elected village chief on grounds of corruption, is another member of this new breed. Guo was assaulted on three separate occasions over the last six months by thugs and plainclothes police.

Prominent Beijing lawyer Pu Zhiqiang, who is representing two journalists being sued by an official for libel, was interrogated by the authorities on June 3, the eve of the 17th anniversary of the Tiananmen crackdown.

By protecting and defending the rule of law, Chen Guangcheng and his fellow legal activists play a potentially critical role in the development of civil society in China. They provide an alternative to China's current model of conflict resolution--violent street protests. These brave lawyers represent the hopes of many Chinese for a society in which basic individual rights will be ensured, and where disputes can be resolved peacefully by legal means, rather than through the arbitrary decisions of corrupt local officials.

Chinese government propagandists claim to want a "harmonious society," rather than one in which civil disturbances and violent confrontations are increasingly common. One step in that direction would be to listen to people such as Chen Guangcheng, rather than locking them up in prison.

UPDATE: According to Xinhua News Agency, Chen Guangcheng was sentenced today to four years and three months in prison for "willfully damaging property and organizing a mob to disturb traffic."


Blind Advocate For China's Weak Runs Afoul of The Powerful

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By Joseph Kahn
Published: July 20, 2006
The New York Times

[You can find more about Chen's story via his lawyer's English blog and a Chinese weblog 光诚快回家 built by his supporters. The background of the following article is here in Chinese: 一个政府对一个盲人的战争 "Government Declares War Against A Blind Person"]

Only a few years ago, Chen Guangcheng (陈光诚), a blind man who taught himself the law, was hailed as a champion of peasant rights who symbolized China's growing embrace of legal norms.

Chen helped other people with disabilities avoid illegal fees and taxes. He forced a paper mill to stop spewing toxic chemicals into his village’s river. The authorities in his home province, Shandong, considered him a propaganda coup and broadcast clips from his wedding ceremony on television.

All that changed last year, when he organized a rare class-action lawsuit against the local government for forcing peasants to have late-term abortions and be sterilized. Chen, 35, is now a symbol of something else: the tendency of Communist Party officials to use legal pretexts to crush dissent.

A court in Yinan County of Shandong Province (山东省沂南县) is scheduled to hear charges as early as Thursday that Chen destroyed public property and gathered a crowd to block traffic. His lawyers argue that he would have had trouble committing those crimes even if he could see. At the time they were said to have occurred, he was being guarded day and night by a team of local officials.

His case is typical of efforts to punish lawyers, journalists and participants in environmental, health and religious groups who expose abuses or organize people in a manner officials consider threatening. Like Chen, they are often accused of fraud, illicit business practices or leaking state secrets, charges that do not reflect the political nature of their offenses.

“Local officials made Chen’s house into a jail and turned him into a prisoner long before he faced any charges,” said Li Jinsong, one of his lawyers. “Then they concocted charges so they could send him to an actual jail.”

The purview of Chinese law was broad enough to allow a self-taught peasant like Chen, dubbed a “barefoot lawyer,” to emerge from obscurity and help set some legal precedents in his home province. Since he got into trouble, Chen has relied on a network of scholars and lawyers in Beijing to defend him; but the law does not protect those who offend the powerful. Local Communist Party officials control prosecutors and judges in their domains, and they can use the legal system to carry out political persecutions.

“China has advanced to the point that officials have to pay attention to the law,” said Teng Biao (滕彪), a legal expert at the China University of Political Science and Law and a supporter of Chen. “But in some cases, they put a superficial legal cover on an essentially illegal action.”

Officials in Shandong declined to answer questions about Chen, saying they could not discuss a pending court case.

Nature dealt Chen his biggest challenge. He lost his sight after a childhood illness and did not attend school until he was 18. When he did go to school, he quickly encountered legal problems.

China’s government exempts the blind from taxes and fees. Chen often did not receive such benefits, according to relatives who asked to remain anonymous because the authorities have threatened to punish them for speaking to reporters. Determined to realize his legal rights, he studied law on his own, recruiting his four older brothers to read legal texts to him.

In 1994 he went to Beijing to protest violations of laws protecting the handicapped. While there, he took action against the Beijing subway authority because attendants would not let him ride free. He got favorable media attention and free subway tokens after that.

Rakishly handsome in his dark glasses, he became a popular legal crusader. He handled cases against the local sanitation bureau, the police and the bureau of commerce. A paper factory that spewed noxious waste into a river near his home was forced to suspend operations, making him a local hero.

So when residents of his home village of Dongshigu (东师古村) were ensnared in a coercive birth control campaign last spring that appeared to violate national laws, they turned to Chen.

Officials in the city of Linyi (临沂市), which has a population of more than 10 million and contains Dongshigu, forced thousands of residents to undergo abortions or sterilization, according to people supporting Chen who cited local documents to support their claims.

Such tactics, common in the early days of China’s strict population control policies 25 years ago, are now illegal. The law says the authorities can levy fines only against people who exceed birth quotas. But forceful measures remain pervasive, because failure to reach population control targets can end an official’s prospects for promotion.

Chen publicized the allegations as he prepared a class-action lawsuit. The problem received widespread attention in the international news media and was at least initially taken seriously in Beijing.

The National Family Planning and Population Commission investigated. It reported last September on its Website that it had uncovered abuses in Linyi and that it had taken steps to punish officials there.

That did not protect Chen, his family or his neighbors in Dongshigu from retaliation.

When Chen visited Beijing in September to seek legal help, Linyi officials tracked him down, bundled him into a car and drove him 400 miles back home, said Chen’s lawyers.

From then until his formal arrest in June, Chen was confined to his house or to a government-run hotel. His telephone line was cut. There is no provision in Chinese law for informal incarceration of this kind, his lawyers say.

Chen’s relatives and neighbors in Dongshigu say the authorities stationed up to 70 uniformed and plainclothes police officers or hired thugs in the village. The police prevented Chen and his supporters from communicating with the outside world. In a dozen different encounters, they beat lawyers and journalists who tried to enter the village, said lawyers involved in such encounters.

Supporters of Chen said that the local authorities had long intended to take legal action against him but that they had been stymied by the fact that he had not committed any crime. By June they at last announced the grounds for his arrest: destroying property and blocking traffic.

The first charge refers to a confrontation in February between Dongshigu residents and the uniformed and plainclothes police officers guarding Chen in his home. Villagers pushed a police van and two government cars into a gully. They said they were enraged that the officers, described as idling away the hours outside Chen’s home, declined to make one of their cars available to take an ailing woman to the hospital during the Lunar New Year holiday.

The indictment against Chen says he told people to damage the cars. Villagers say that he had no role in the clash and that he was not permitted to meet or talk to villagers at the time.

The second charge stems from an incident in March. Chen was described as distraught that a friend had been beaten by local officials. He demanded to talk to someone in charge. In a change of tactics, his guards let him visit the village party headquarters and then hail a car on the main road to take him to the county center.

Guards followed him to the road and helped him flag down cars, said witnesses to the event. They then took photographs of Chen in the roadway with cars stopped around him - which were used as evidence that he had blocked traffic, said his lawyer.

Such charges might appear easy enough to contest in court. Yet Chen’s lawyers face formidable obstacles.

Li and other lawyers helping Chen said they had received death threats when visiting Linyi, one of which Li recorded on his cellphone. He said the police had declined to investigate. Villagers say they have been warned not to appear as witnesses for Chen.

When Li tried to enter the village early this month to take depositions, he said, he was surrounded by thugs. They told him to leave the area. When he refused, they pushed his car into a ditch and rolled it onto its roof. Li and a fellow lawyer were lightly injured. Much of the confrontation was captured surreptitiously on videotape by a supporter of Chen.

“We can hardly have high expectations of a fair trial,” says Teng, the legal scholar, “when criminals are in charge of the law.”


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