Jiang Tianyong subjected to unfair trial
On 21 November 2017, the Changsha Intermediate People’s Court declared Jiang Tianyong guilty of “inciting subversion of state power” and sentenced him to two years in prison and three years of deprivation of political rights. On 28 February 2019, he was released upon completing his sentence but was immediately taken away by police, who kept him incommunicado for three days before allowing him to return to his parents’ home in Xinyang City, Henan Province. Since then, he has been placed under “soft detention” and strict surveillance.
On 22 August 2017, human rights lawyer Jiang Tianyong (江天勇) was tried in a closed session for "inciting subversion of state power” by the Changsha Intermediate People’s Court. According to announcements by the Court, the defender confessed to the charges against him. Jiang Tianyong’s wife believes that any such confessions were made under duress. The human rights defender has been in detention since 21 November 2016.
Jiang Tianyong is a human rights lawyer who works to support marginalized members of Chinese society, such as Falun Gong practitioners and HIV carriers, as well as other human rights defenders and human rights lawyers, by providing legal assistance and advice. The human rights defender had his license to practice law revoked in 2009 as a result of his legitimate human rights work. Jiang Tianyong has also been engaged in advocacy and solidarity activities with those affected by the 709 crackdown on human rights defenders, including prominent Chinese human rights lawyers Chen Guangcheng and Gao Zhisheng. In May 2016 Jiang Tianyong also participated in the Guo Feixiong Hunger strike relay and the campaign for the imprisoned human rights defender, Guo Feixiong to receive a medical examination following a severe deterioration in his health.
- Top
- About
- 1 March 2019 : Released & Under 'Soft Detention'
- 25 February 2018 : Significant deterioration in Jiang Tianyong’s physical condition
- 22 August 2017 : Jiang Tianyong subjected to unfair trial
- 8 June 2017 : Jiang Tianyong formally arrested
- 6 March 2017 : State media releases articles claiming Xie Yang’s torture accounts “fabricated”
- 19 January 2017 : Jiang Tianyong Still Incommunicado 60 Days After Disappearance
- 2 December 2016 : Jiang Tianyong Disappeared
- 29 November 2016 : Disappearance of human rights defender Jiang Tianyong
On 21 November 2017, the Changsha Intermediate People’s Court declared Jiang Tianyong guilty of “inciting subversion of state power” and sentenced him to two years in prison and three years of deprivation of political rights. On 28 February 2019, he was released upon completing his sentence but was immediately taken away by police, who kept him incommunicado for three days before allowing him to return to his parents’ home in Xinyang City, Henan Province. Since then, he has been placed under “soft detention” and strict surveillance.
On 25 February 2018, human rights lawyer Jiang Tianyong‘s (江天勇) sister visited the defender at the Changsha No. 1 Detention Centre, where he is serving a reported two-year sentence for "inciting subversion of state power.” According to Jiang Tianyong’s sister, the defender is suffering from severe memory loss, weakness, and bloating.
Since Jiang Tianyong’s trial on 21 November 2017, neither Jiang Tianyong’s family nor his appointed lawyer have been allowed to see the official verdict document or obtain a copy thereof and no justification has been provided for this refusal. Notification of Jiang Tianyong’s sentence has only been communicated verbally to Jiang Tianyong’s family. Jiang Tianyong has expressed concerns that, contrary to guarantees from the authorities, he will not be released on 31 August 2018.
Front Line Defenders condemns the ongoing persecution and detention of Jiang Tianyong. Front Line Defenders calls on Chinese authorities to immediately release Jiang Tianyong and quash his conviction as it believes that the defender has been targeted solely as a result of his legitimate human rights work. While in detention, Front Line Defenders also requests the Chinese authorities to ensure that Jiang Tianyong is protected from torture and other inhumane treatment, and that he is afforded necessary medical attention.
On 22 August 2017, human rights lawyer Jiang Tianyong (江天勇) was tried in a closed session for "inciting subversion of state power” by the Changsha Intermediate People’s Court. According to announcements by the Court, the defender confessed to the charges against him. Jiang Tianyong’s wife believes that any such confessions were made under duress. The human rights defender has been in detention since 21 November 2016.
On 22 August 2017, Jiang Tianyong was tried for "inciting subversion of state power” in a closed session which lasted less than three hours in Changsha city, Hunan province. Information regarding the trial proceedings was provided via a large screen outside of the court room. Lawyers retained by the human rights defender’s family were not permitted to represent him and he was instead provided with state-appointed lawyers. According to the court announcements, Jiang Tianyong confessed to “attempting to undermine China’s societal order”, as well as to falling under the “influence of overseas trainings”, such that he believed that China could develop “Western capitalistic constitutionalism”. Court announcements also stated that Jiang Tianyong admitted to his role in fabricating false torture allegations against detained human rights lawyer Xie Yang. Jiang Tianyong’s wife believes that the defender was forced by authorities to make these confessions.
The defender was tried on the charge of “inciting subversion of state power”, and media sources state that this charge has taken the place of previous charges, including “possession of state secrets”, “providing state secrets overseas”, and “subverting state power”, levied against the defender since his enforced disappearance in November 2016. The Court has not announced a verdict as of yet.
On 21 November, 2016, Jiang Tianyong was forcibly disappeared by Chinese authorities at a Changsha train station following an attempted visit to fellow human rights lawyer, Xie Yang. The human rights defender was kept incommunicado in an unknown location until his formal arrest and detention in a Changsha detention centre on 31 May 2017. Since his arrest, Jiang Tianyong has had no contact with family or outside legal counsel. The Changsha court notified the defender’s family of his trial date only 24 hours prior to the hearing.
Front Line Defenders condemns the trial of Jiang Tianyong and the continued deprivation of his liberty. Front Line Defenders calls on Chinese authorities to immediately release Jiang Tianyong and drop all charges against him as it believes that the defender has been targeted solely as a result of his legitimate human rights work.
On 5 June 2017, the Changsha Municipal Public Security Bureau issued a formal notification that disbarred human rights lawyer Jiang Tianyong (江天勇) had been arrested under suspicion of “subverting state power”. According to the Bureau’s official notice, Jiang Tianyong is now being detained at the Changsha Public Security Bureau No. 1 Detention Centre, located at 1736 Yuanda'er Road in Changsha, the capital of China’s Wuhan Province.
“Arrest” in the Chinese judicial system establishes an individual’s status as a criminal suspect and the legitimacy of their detention by Chinese law enforcement. However, under China’s widely abused system of “residential surveillance”, law enforcement officials can hold persons of interest in unspecified locations for months prior to their official arrest. Jiang Tianyong has been detained under residential surveillance measures since he was first taken into custody in a train station in November 2016. Citing sensitive national security issues ostensibly involved in the investigation of Jiang Tianyong’s case, Chinese authorities have also blocked all communication between the defender and his family or lawyers since the time of his arrest.
As is typical for detainees under residential surveillance, Jiang Tianyong’s location has remained unknown throughout his six month detention. The defender’s sole public appearance during this period took place in March 2017, when he was drawn into a government smear campaign intended to cast doubt over the torture allegations of fellow imprisoned lawyer Xie Yang (谢阳). Xie Yang had been taken into custody in July 2015, during China’s 709 crackdown on human rights lawyers; at the time of Jiang Tianyong’s arrest, Jiang Tianyong had been returning to Beijing from a failed attempt to visit Xie Yang in detention.
In January 2017, Xie Yang released testimony that he had been tortured while in detention, drawing widespread domestic and international criticism of China’s judicial system. Two months later, Jiang Tianyong appeared in a televised news interview, stating that Xie Yang’s torture allegations were fabrications of a plot designed by Jiang Tianyong, with the specific aim of drawing the interest of Western media and raising his own profile. Chinese officials frequently make use of forced television confessions by high-profile individuals to shape public opinion on topics the government deems sensitive; it is widely believed that Jiang Tianyong made his televised remarks under similar compulsion.
The document announcing Jiang Tianyong’s arrest is dated 31 May 2017, exactly six months from the date on which the defender was placed under residential surveillance. Six months is the maximum duration that Chinese authorities can enforce this measure, suggesting that they are attempting to draw out the judicial process for as long as possible. It is believed that Jiang Tianyong’s ongoing detention also indicates that he has refused to confess to his purported crimes, as many in the Chinese judicial system are forced to do.
Under Chinese law, post-arrest investigation should not exceed two months. In practice, human rights defenders in China are frequently kept in incommunicado detention for as long as a year before any trial takes place.
On 1 March 2017, Chinese state-affiliated media published articles in Chinese and English claiming that allegations of torture perpetrated against lawyer and human rights defender Xie Yang were “nothing but cleverly orchestrated lies.” Xie Yang has been detained since July 2015, and multiple counts of torture and mistreatment have emerged since that time. The articles accuse Jiang Tianyong, a human rights defender and former lawyer currently held in incommunicado detention, of inciting Xie Yang’s wife to create these claims to draw the interest of western media.
Download the Urgent Appeal (PDF)
Xie Yang, a resident of Huaihua City in China’s Hunan Province, is a human rights defender who has taken on, as a lawyer with Hunan’s Gangwei Law Firm, cases of Chinese activists and petitioners. On 11 July 2015, in the midst of China’s “709” crackdown on lawyers and other human rights defenders, Xie Yang was taken from his hotel room and placed under “residential surveillance” in an unidentified location and with no access to his family or legal counsel. Xie Yang was formally arrested on 11 January 2016 on charges of inciting subversion of state power and disrupting court order. During the few meetings he has been granted with lawyers since July 2015, Xie Yang has reported numerous acts of torture and mistreatment, including verbal harassment and threats, hanging from the ceiling, and beating by guards and by inmates instructed to do so by guards. Fellow inmates, Xie Yang stated, beat him with shackles and the guards beat him using their hands, feet, and sometimes their heads. According to the state media report released on 1 March 2017, the Hunan Provincial People’s Procuratorate carried out an investigation of the 2016 torture reports, but concluded that no torture had taken place.
Jiang Tianyong was disbarred from legal practice in 2009, but has continued supporting victims of human rights violations. He has been particularly active in defense of lawyers and other human rights defenders affected by the “709” crackdown. Jiang Tianyong has been missing since November 2016, after attempting to visit Xie Yang at the Changsha Detention Center where he is being held. Following his attempted visit, Jiang Tianyong was taken from the Changsha train station and has been kept in an undisclosed location since that time. No arrest warrant has been issued, but authorities have indicated that Jiang Tianyong is being held under suspicion of disclosing state secrets.
According to the state media reports, Jiang Tianyong, while in detention, has confessed that his accounts of torture reported in late 2016 were based on fabricated information, in an attempt to “cater to the tastes of western institutions and media organizations”. Some have expressed concerns that Jiang Tianyong’s confessions were themselves forced or fabricated. Jiang Tianyong’s wife has stated that she “does not believe a word in the…report”, the articles include further confessions by Jiang Tianyong to incite Xie Yang’s wife to support his alleged fabrication of information; they also state that Xie Yang’s wife has expressed satisfaction with Xie Yang’s legal proceedings since 2015. The articles do not mention Xie Yang’s more recent allegations of verbal abuse, sleep deprivation, and beatings, reported in a recorded testimony to his lawyers on 4 January 2017.
Front Line Defenders is deeply concerned about the cases of both Xie Yang and Jiang Tianyong, whose detentions have constituted violations of their human rights and of Chinese law. Front Line Defenders further believes that the detention of these two men are solely attempts to obstruct their peaceful and legitimate work providing advocacy and legal support to other victims of rights infringement in China.
Front Line Defenders urges the authorities in China to:
1. Immediately drop all charges against Xie Yang, as it is believed that they are solely motivated by his legitimate and peaceful work in defence of human rights;
2. Immediately and unconditionally release both human rights defenders;
3. Ensure that the treatment of Xie Yang and Jiang Tianyong, while in detention, adheres to the conditions set out in the ‘Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment', adopted by UN General Assembly resolution 43/173 of 9 December 1988;
4. Conduct an unbiased investigation into reports of torture against Xie Yang through an independent agency unaffiliated with the Changsha or Hunan Procuratorate;
5. Ensure that Jiang Tianyong has not been forced or coerced into making false confessions, and allow him immediate and unfettered access to his lawyers, in accordance with Chinese law;
6. Inform Jiang Tianyong’s family of his current location, in accordance with Chinese law;
7. Guarantee in all circumstances that all human rights defenders in China are able to carry out their legitimate human rights activities without fear of reprisals and free of all restrictions.
On 21 November 2016, human rights defender Jiang Tianyong attempted to visit detainee and "709" crackdown victim Xie Yang in the Changsha Detention Center where he was being held; Jiang and his colleague were forbidden access. That evening, Jiang texted his wife to notify her that he had purchased a train ticket to return to his home in Beijing. This was the last communication anyone has received from Jiang Tianyong.
In mid-December 2016, Chinese party-affiliated media reported that Jiang Tianyong had been arrested for fraudulently purchasing train tickets, possessing documents containing state secrets, and sharing state secrets abroad. On 31 December 2016, Jiang’s father was informed by the Changsha municipal government that his son was being held under special “coercive measures” for investigation on the above charges.
Jiang’s lawyer, Chen Jinxue, has been denied access to his client, on the stated basis that such a meeting could hinder the legal investigation.
As of 19 January 2017, neither Jiang’s father nor wife have had any communication with him. They have not received any official notice of or warrant for his arrest. His current location remains unknown.
Human rights defender Mr Jiang Tianyong, has not been heard from since the evening of 21 November 2016. He has previously been spontaneously detained, arrested, and forcibly disappeared by Chinese authorities for his support of high profile human rights defenders. Jiang Tianyong’s wife, Jin Bianling, and associates believe that he has been disappeared again under similar circumstances. On 23 November, Jiang Tianyong’s family members reported his disappearance to police in his home town of Zhengzhou, Henan Province. However, officials refused their attempts to file a missing persons report, instructing them to seek information in Beijing. However, Beijing police also refused to file a missing persons report.
At the time of his disappearance, Jiang Tianyong was concluding a visit to a Hunan Province detention centre in order to inquire about the status of Xie Yang, a lawyer detained in China’s 2015 “709” crackdown. At 10:22 pm on 21 November 2016, Jiang Tianyong informed his wife that he had purchased his return train ticket from Changsha to Beijing, which was scheduled to leave 30 minutes later. This was Jiang Tianyong’s final communication with his wife. Since that time, none of Jiang Tianyong’s family, friends or colleagues have seen or spoken to him, and all attempts to reach him or identify his whereabouts have failed. On 23 November, family members reported Jiang Tianyong’s dissapearance to the Tongbolu Branch of the Zhengzhou Public Security Bureau. However, officials refused to file a missing persons report, citing jurisdictional constraints because although Jiang Tianyong is a resident of Zhengzhou, it is unclear where he was last seen. Officials told Jiang Tianyong’s family members to contact Beijing police to seek information; however, Beijing police also refused to take up the case.
Over the past several years, Jiang Tianyong has been arrested, detained, tortured, and beaten by Chinese authorities on numerous occasions. As a result of his ill-treatment in detention, he has suffered a hearing impairment and broken bones. Front Line Defenders has previously advocated for Jiang Tianyong following his 2014 detention for investigating an unofficial detention centre in China’s Heilongjiang Province.
Jiang Tianyong’s mistreatment is part of a larger wave of Chinese government repression of human rights lawyers, who over the past 18 months have been systematically and persistently targeted by government officials and law enforcement. Dozens of lawyers have been interrogated, detained, accused of spurious charges, and arrested. A number of those detained have been incommunicado for months.
Jiang Tianyong’s wife and local human rights organizations believe that Jiang Tianyong has been taken by authorities without any notification made to his family, as is required under Chinese law. If this is the case, Front Line Defenders strongly urges Jiang Tianyong’s arresting authorities to notify Jiang Tianyong’s family of his whereabouts and the reason for his arrest. If not, Front LineDefenders urges Chinese authorities to take all necessary steps to investigate Jiang Tianyong’s missing persons case and effect his secure return to his family.
Front Line Defenders urges the authorities in China to:
1. Carry out an immediate, thorough and impartial investigation into the disappearance of Jiang Tianyong and allegations of enforced disappearance by Chinese authorities with a view to publishing the results and bringing those responsible to justice in accordance with international standards;
2. If Jiang Tianyong is currently in the custody of Chinese authorities, immeadiately inform his family and lawyer of the place of his detention, and allow them immediate and unfettered
access to him; 3. Make all efforts to ensure the immediate and unconditional release of Jiang Tianyong and guarantee his physical and psychological security and integrity;
4. Guarantee in all circumstances that all human rights defenders in China are able to carry out their legitimate human rights activities without fear of reprisals and free of all
restrictions.
Human rights defender Mr Jiang Tianyong, has not been heard from since the evening of 21 November 2016. He has previously been spontaneously detained, arrested, and forcibly disappeared by Chinese authorities for his support of high profile human rights defenders. Jiang Tianyong’s wife, Jin Bianling, and associates believe that he has been disappeared again under similar circumstances. On 23 November, Jiang Tianyong’s family members reported his disappearance to police in his home town of Zhengzhou, Henan Province. However, officials refused their attempts to file a missing persons report, instructing them to seek information in Beijing. However, Beijing police also refused to file a missing persons report.
Download the Urgent Appeal (PDF)
At the time of his disappearance, Jiang Tianyong was concluding a visit to a Hunan Province detention centre in order to inquire about the status of Xie Yang, a lawyer detained in China’s 2015 “709” crackdown. At 10:22 pm on 21 November 2016, Jiang Tianyong informed his wife that he had purchased his return train ticket from Changsha to Beijing, which was scheduled to leave 30 minutes later. This was Jiang Tianyong’s final communication with his wife. Since that time, none of Jiang Tianyong’s family, friends or colleagues have seen or spoken to him, and all attempts to reach him or identify his whereabouts have failed. On 23 November, family members reported Jiang Tianyong’s dissapearance to the Tongbolu Branch of the Zhengzhou Public Security Bureau. However, officials refused to file a missing persons report, citing jurisdictional constraints because although Jiang Tianyong is a resident of Zhengzhou, it is unclear where he was last seen. Officials told Jiang Tianyong’s family members to contact Beijing police to seek information; however, Beijing police also refused to take up the case.
Over the past several years, Jiang Tianyong has been arrested, detained, tortured, and beaten by Chinese authorities on numerous occasions. As a result of his ill-treatment in detention, he has suffered a hearing impairment and broken bones. Front Line Defenders has previously advocated for Jiang Tianyong following his 2014 detention for investigating an unofficial detention centre in China’s Heilongjiang Province.
Jiang Tianyong’s mistreatment is part of a larger wave of Chinese government repression of human rights lawyers, who over the past 18 months have been systematically and persistently targeted by government officials and law enforcement. Dozens of lawyers have been interrogated, detained, accused of spurious charges, and arrested. A number of those detained have been incommunicado for months.
Jiang Tianyong’s wife and local human rights organizations believe that Jiang Tianyong has been taken by authorities without any notification made to his family, as is required under Chinese law. If this is the case, Front Line Defenders strongly urges Jiang Tianyong’s arresting authorities to notify Jiang Tianyong’s family of his whereabouts and the reason for his arrest. If not, Front Line Defenders urges Chinese authorities to take all necessary steps to investigate Jiang Tianyong’s missing persons case and effect his secure return to his family.
Front Line Defenders urges the authorities in China to:
1. Carry out an immediate, thorough and impartial investigation into the disappearance of Jiang Tianyong and allegations of enforced disappearance by Chinese authorities with a view to publishing the results and bringing those responsible to justice in accordance with international standards;
2. If Jiang Tianyong is currently in the custody of Chinese authorities, immeadiately inform his family and lawyer of the place of his detention, and allow them immediate and unfettered access to him;
3. Make all efforts to ensure the immediate and unconditional release of Jiang Tianyong and guarantee his physical and psychological security and integrity;
4. Guarantee in all circumstances that all human rights defenders in China are able to carry out their legitimate human rights activities without fear of reprisals and free of all restrictions.
