Case History: Xu Zhiyong

On 26 January 2014, human rights defender and legal scholar Mr Xu Zhiyong was sentenced to four years in prison by the Beijing No.1 Intermediate People's Court. In a closed-door trial, the human rights defender was convicted of “gathering crowds to disrupt public order.” Xu Zhiyong is one of many human rights defenders affiliated with what has become known as the New Citizen's Movement who have been arrested and are facing trial or have already been tried.

At a trial held on 22 January 2014 Xu Zhiyong declined to offer a defence in protest at the court's refusal to allow the majority of his witnesses to testify on his behalf. In a prepared closing statement, of which he was only permitted to read ten minutes, Xu Zhiyong wrote, “Public order was not disrupted as a result of our actions, which infringed on the legitimate rights of no one. I understand clearly that some people have to make sacrifices, and I for one am willing to pay any and all price for my belief in freedom, justice, love, and for a better future of China. If you insist on persecuting the conscience of a people, I openly accept that destiny and the glory that accompanies it. But do not for a second think you can terminate the New Citizens’ Movement by throwing me in jail.”

Xu Zhiyong was originally detained on 16 July 2013 and his lawyer, Mr Zhang Qingfang, was informed that he had been formally arrested on 22 August 2013. On 1 August 2013, Xu Zhiyong's legal team recorded a video of him in detention, which was later posted online. In the video, the human rights defender rallies Chinese society to push for greater political freedoms, stating that “this country needs brave citizens who can stand up and hold fast to their convictions; who can take their rights, responsibilities and their dreams seriously”.

In the lead-up to the trial of 22 January 2014, police reportedly blocked road access to the courthouse and placed known supporters of Xu Zhiyong under house arrest. Dozens more of his supporters, including human rights defenders Messrs Liang Xiaojun and Chen Yunfei, were dragged away and detained by police outside the courthouse but later released. It is further reported that whilst 17 foreign diplomats were permitted access to the building, they were forbidden from entering the courtroom where the trial was taking place. Front Line Defenders previously issued an appeal on Xu Zhiyong on 27 August 2013.

Front Line Defenders condemns the sentencing of Xu Zhiyong, as it represents a clear violation of his right to a fair trial as well as to his rights to freedom of opinion and expression. Front Line Defenders is concerned that his sentencing is intended to convey an intimidating message with a view to silencing other human rights defenders affiliated with the New Citizen's Movement in China.

Human rights defenders, Mr Xu Zhiyong and Mr Zhuang Lu, were detained by police officers in separate incidents at their homes in Beijing on 29 July 2009. Their whereabouts remain unknown and their relatives and colleagues have not received any communication from them since their detention.

Xu Zhiyong is the director of the recently-banned legal aid center, Gongmeng (also known as the Open Constitution Initiative), a professor at Beijing Post and Telecommunications University and an elected representative to the National People’s Congress for Haidian District, Beijing. Zhuang Lu is a staff member of Gongmeng. Gongmeng had been actively involved in investigating cases such as the 2008 Sanlu milk scandal. Gongmeng's affiliates, mostly Beijing lawyers, have played important roles in the campaign to urge open and direct elections for the leadership of the Beijing Lawyers Association, an effort that has cost many of them their lawyers’ licenses.

On 29 July 2009, at approximately 5:00 am, Xu Zhiyong was taken from his home in a suburb of Beijing by seven policemen. Around the same time, Zhuang Lu, was also taken from his home by the police. It is believed that both Xu Zhiyong and Zhuang Lu remain in police detention. It is unclear which police division carried out the early morning detentions. The following morning the State Administration of Taxation held a hearing about its decision to fine Gongmeng 1.42 million RMB for “tax evasion”. Xu Zhiyong did not appear at the hearing. Although the proceedings were supposed to be open to the public, approximately thirty activists and supporters were barred from attending. Only Peng Jian and Li Xiongbing, two lawyers advising Xu Zhiyong and Gongmeng, were allowed to be present.

On July 14 2009, Gongmeng received notifications from both the State Administration of Taxation and the local Bureau of Taxation in Beijing that they were being fined for “tax evasion”. Three days later, the Beijing Municipal Bureau of Civil Affairs declared the organisation “illegal”, raided its office and formally banned it. On July 21, the landlords of the office space formerly rented by Gongmeng and Xu Zhiyong’s private home separately called the human rights lawyer and urged him to move as soon as possible. It is alleged that government officials are behind this further pressure on Xu Zhiyong. In a separate incident, on 29 July 2009, at approximately 10:00 a.m., authorities arrived unannounced to collect evidence and investigate supposed illegal activities at the office of Beijing’s Yirenping Center, an organisation which focuses on the rights of hepatitis patients and other health-related discrimination issues. The officials claimed that Yirenping was involved in unauthorized “publishing activities” and then proceeded to inspect the office, photograph its publications and confiscate a hundred copies of its publications, Anti-Discrimination Communications. Yirenping’s lawyers later discovered that one of the “inspectors” did not have a valid official ID authorizing such an inspection.

Both Gongmeng and Yirenping are organisations registered with the State Administration of Industry and Commerce (SAIC). Many civil society organisations have chosen to register with the SAIC due to the difficulties for those without official connections to register as non-profit organisations with the Ministry of Civil Affairs (MCA). However, if they have not registered with the MCA, they are officially “illegal” organisations, and face varying degrees of harassment from the authorities. In addition to the ‘inspection’ of Yirenping’s office and the raid and closure of Gongmeng, fifty lawyers have had their licences revoked in the week 23-30 July 2009.

Front Line is deeply concerned that these acts, in addition to the arbitrary detention of Xu Zhiyong and Zhuang Lu, form part of a crack-down on human rights defenders in China. Front Line is seriously concerned for the physical and psychological integrity of Xu Zhiyong and Zhuang Lu.