[prisoner-rights] China: 'Subversion' charges must not be used to imprison rights activists

News Release Issued by the International Secretariat of Amnesty International

AI Index: ASA 17/005/2003 14 January 2003

People's Republic of China: 'Subversion' charges must not be used to 
imprison rights activists


Tomorrow (15 January 2003) two labour rights activists, Yao Fuxin and Xiao 
Yunliang, are due to stand trial for organizing workers protests in March 
last year in Liaoyang city. They have reportedly been charged with 
"subversion" and there are serious concerns that they will not receive a 
fair trial.

"If they are convicted of 'subversion' after doing nothing more than 
peacefully exercising their rights to freedom of expression, association or 
assembly, we would consider them to be prisoners of conscience," Amnesty 
International said asking for their immediate release.

It is reported that Yao Fuxin's lawyer has been prevented from gaining full 
access to his client and the families of both men have been prevented from 
receiving incoming telephone calls in an apparent attempt to prevent them 
from publicising the case. Yao Fuxin is also believed to be in poor health.

'Subversion' charges which carry a maximum penalty of life imprisonment or 
the death penalty continue to be used widely to detain and imprison rights 
activists in China. Since the beginning of November 2002, at least ten 
people have reportedly been detained by the Chinese authorities in 
connection with their peaceful activities, such as petitioning the 
authorities and publishing or accessing information on the Internet. At 
least two have been charged with "inciting subversion".

"These cases contradict recent positive developments such as the early 
release on 24 December of long-term dissident Xu Wenli who was also 
convicted of 'subversion'," Amnesty International said.

"For every single individual released, many more continue to be detained in 
China in violation of their fundamental human rights," the international 
human rights organization continued, adding that the institutional 
framework that allows such violations in China remains unchanged.


Background

Yao Fuxin, Xiao Yunliang, Wang Zhaoming and Pang Qingxiang were detained on 
20 March 2002 for their alleged role in organizing demonstrations involving 
30,000 workers from twenty bankrupt state-run firms in Liaoyang city, 
Liaoning province. The workers were protesting against lay-offs, alleged 
management corruption and delayed welfare payments. Wang Zhaoming and Pang 
Qingxiang were released on bail on 20 December 2002, reportedly on 
condition that they obtain evidence against other demonstrators. However, 
Wang Zhaoming, was detained once again on 31 December, after hiring a 
lawyer in an apparent attempt to sue the authorities for his ninth-month 
detention. Yao Fuxin and Xiao Yunliang were initially charged with "illegal 
assembly and demonstration" but, according to a local court official this 
has since been changed to "subversion".

More recently, seven political activists have been detained in connection 
with organizing or signing a petition to the 16th Chinese Communist Party 
Congress (held in November 2002) calling for political reforms. They are 
Zhao Changqing, Ouyang Yi, Dai Xuezhong, Jiang Lijun, Sang Jianchen, He 
Depu, Liao Yiwu and Han Lifa. Liao Yiwu and Ouyang Yi had also reportedly 
published a series of articles on the Internet calling for political reform 
in China. Both Zhao Changqing, who organised the petition, and Sang 
Jianchen, one of its signatories, have reportedly been charged with 
"inciting subversion". It is not known whether any of the others have been 
formally charged.

Since the beginning of November 2002, Amnesty International has also 
received reports of people being detained in connection with publishing or 
accessing materials on the Internet: Liu Di, a student from Beijing, who 
goes by the pen-name "Stainless Steel Rat" and Li Yibin, a political 
activist were detained in early November 2002. Liu Di had posted various 
items on the Internet, including a statement in support of Huang Qi, a 
computer engineer detained in June 2000 and charged with 'subversion' after 
setting up a human rights website. Li Yibin had published an online 
pro-democracy magazine, called "Democracy and Freedom". It is unclear 
whether they have been formally charged and their current whereabouts are 
not known. Amnesty International had earlier documented the cases of 33 
people, including Huang Qi, who had been detained for Internet-related 
offences. Most have been charged with 'subversion'. (For more information, 
please refer to: People's Republic of China: State Control of the Internet 
in China, ASA 17/007/2002 and People's Republic of China: State Control of 
the Internet in China - appeal cases, ASA 17/046/2002 News, reports and 
actions online: http://click.topica.com/maaaL7DaaVl0qbb0imPb/

Veteran dissident Xu Wenli was released into exile in the USA in December 
2002, nine years before the end of his sentence. Xu Wenli was serving a 
13-year prison sentence for "subversion" imposed in 1998 after he 
established the China Democracy Party. He was officially released on 
medical parole due to a deterioration in his state of health after he 
contracted Hepatitis B in prison.


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