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Annotated Excerpts from Hu Shigen and Zhou Shifeng's Trial Transcripts

August 12, 2016

In the first week of August 2016, the Tianjin No. 2 Intermediate People's Court tried and convicted one rights lawyer and three activists of “subversion of state power.” They were Zhai Yanmin (翟岩民), a law firm employee; Hu Shigen (胡石根), a democracy and religious freedom activist; Zhou Shifeng (周世鋒), a lawyer and law firm director; and Gou Hongguo (勾洪国), a rights activist. 

Although Chinese law specifies punishment for the crime of “subversion of state power” (颠覆国家政权罪), it does not define the acts that constitute the crime:

Among those who organize, plot or carry out the scheme of subverting the State power or overthrowing the socialist system, the ringleaders and the others who commit major crimes shall be sentenced to life imprisonment or fixed-term imprisonment of not less than 10 years . . . . (Criminal Law, art 105(1))

But as these trials unfolded, “edited transcripts” released by the official Xinhua News Agency provided a glimpse of what the prosecution and the court considered to be acts of “subversion”: these acts can be no more than a dinner party discussion about social change and about how lawyers can help defend the rights of workers.

(From the trial transcript of Hu Shigen)

Prosecutor:

2) On February 1, 2015, defendant Hu Shigen went to a lunch gathering attended by 15 people, including Zhou Shifeng, Li Heping, and Zhai Yanmin at Qiweishao restaurant in Chaoyang District, Beijing, at which they discussed topics revolved around “how lawyers might get involved in the labor movement” and “how lawyers can get involved in sensitive case incidents,” etc. Hu Shigen put forward three major elements for the transformation of the state: “a strengthened citizenry, a split within the ruling party, and the intervention of international society,” along with the five major programs for the construction of a future state: “transformation, nation-building, people’s livelihoods, remuneration, and punishment,” and actively planned for the subversion of state power.

. . .

This court holds that defendant Hu Shigen organized, planned, and carried out subversion of state power and overthrowing of the socialist system, and his actions violated article 105(1) of the Criminal Law . . . .

HRIC has selected, annotated, and translated excerpts from the official “edited transcripts” in order to provide English readers with a closer view of an episode in a judicial process where the exercise of fundamental rights of citizens, protected by the Chinese Constitution and international law, may be judged to be serious crimes. The Constitution of the People’s Republic of China states that citizens of the PRC “enjoy freedom of speech, . . . of assembly, of association” (art. 35), rights that are enshrined in the International Covenant on Civil and Political Rights. As a signatory to the Covenant, China has the obligation to act in good faith and not defeat the purpose of the ICCPR by undermining such rights.


Hu Shigen (胡石根)

Tried and sentenced to seven and a half years’ imprisonment, and five years’ deprivation of political rights, Tianjin No. 2 Intermediate People’s Court (天津市第二中级人民法院), August 3, 2016.

“Transcript,” Source: http://news.ifeng.com/a/20160803/49711422_0.shtml

Excerpts from the official transcript of the trial of Hu Shigen:

被告人胡石根曾因危害国家安全被判处刑罚,刑满释放后仍不思悔改。自2009年加入地下教会后,以非法宗教活动为平台,网罗一些律师和访民,散布颠覆国家政权思想,指派勾洪国(实施颠覆国家政权活动,另案处理)赴境外接受繁华培训。期间,胡石根与周世锋(利用律师事务所为平台炒作热点案件、事件,实施颠覆国家政权活动,另案处理)、李和平(利用境外某非政府组织资金从事颠覆国家政权活动,另案处理)、翟岩民(长期非法组织一些访民闹访滋事实施颠覆国家政权活动,另案处理)等人密谋策划颠覆国家政权,提出系统化的颠覆国家政权思想、方法和步骤。此后,胡石根进一步强化了其颠覆国家政权思想,指使翟岩民组织一些访民,通过在公共场所非法聚集滋事、攻击国家法律制度、利用舆论挑起不明真相的一些人仇视政府等方式,实施一系列颠覆国家政权的犯罪活动,严重危害国家安全和社会稳定。具体事实如下:

Defendant Hu Shigen, having been sentenced to criminal punishment for endangering state security, has nonetheless made no effort to reform himself since being released at the completion of his sentence.[1] Since 2009 he has participated in underground churches, using unlawful religious activities as a platform to enlist some lawyers and petitioners and to disseminate ideas about subverting state power, appointing Gou Hongguo (whose case of carrying out activities to subvert state power is being handled separately) to go outside of mainland China to receive anti-China trainings. During this period, Hu Shigen and others—including Zhou Shifeng (whose case of using a law firm as a platform to hype up key cases and incidents, and carrying out activities to subvert state power is being handled separately), Li Heping (whose case of using funding from a certain foreign NGOs to engage in activities to subvert state power is being handled separately), and Zhai Yanmin (whose case of long-term unlawful organizing of petitioners to make noisy petitions and to stir up trouble in order to carry out activities to subvert state power is being handled separately)—secretly plotted to subvert state power, and put forward systematic ideas, methods, and measures for the subversion of state power. After this, Hu Shigen went a step further in strengthening his ideas for subverting state power, instigating Zhai Yanmin to organize some petitioners to carry out a series of criminal activities to subvert state power by means of unlawfully gathering in public places to stir up trouble, attacking the state legal system, and using public opinion to incite some people, who were unaware of the truth, to hate the government, thereby seriously endangering state security and social stability. The specific facts are as follows:

公诉人:

1、2014年3、4月间,被告人胡石根指派勾洪国赴境外参加由分裂分子等参与的具有反华性质的培训,接受推翻政权思想和方法的训练。勾洪国参加培训返回北京后,将培训内容向胡石根进行了汇报,并将相关资料交给胡石根。

Prosecutor:

1) In March and April 2014, the defendant Hu Shigen appointed Gou Hongguo to attend training outside of mainland China that was anti-China in nature and attended by splittist elements, to receive training on ideas and methods for overthrowing state power. After Gou Hongguo attended the training and returned to Beijing, he reported on the contents of it to Hu Shigen and passed on the relevant materials to him.[2]

公诉人:

2、2015年2月1日中午,被告人胡石根在北京市朝阳区“七味烧”餐厅,参加由周世锋、李和平、翟岩民等15人参加的聚会,围绕“律师如何介入劳工运动”和“律师如何介入敏感案事件”等议题进行商议。胡石根提出“公民力量壮大、统治集团内部分裂、国际社会介入”系国家转型的三大因素,“转型、建国、民生、奖励、惩罚”系建设未来国家的五大方案,积极策划颠覆国家政权。

Prosecutor:

2) On February 1, 2015, defendant Hu Shigen went to a lunch gathering attended by 15 people, including Zhou Shifeng, Li Heping, and Zhai Yanmin at Qiweishao restaurant in Chaoyang District, Beijing, at which they discussed topics revolved around “how lawyers might get involved in the labor movement” and “how lawyers can get involved in sensitive case incidents,” etc. Hu Shigen put forward three major elements for the transformation of the state: “a strengthened citizenry, a split within the ruling party, and the intervention of international society,” along with the five major programs for the construction of a future state: “transformation, nation-building, people’s livelihoods, remuneration, and punishment,” and actively planned for the subversion of state power.

公诉人:

3、2015年5月2日,黑龙江省庆安县火车站候车室一袭警人员被执勤民警当场击毙。事件发生后,被告人胡石根在地下教会聚会时,授意翟岩民组织人员前往庆安进行非法聚集炒作,煽动不明真相的一些人对抗国家政权机关。

Prosecutor:

3) On May 2, 2015, at Heilongjiang’s Qing’an County train station, a person who attacked the police was shot dead in a waiting room by an on-duty civil police officer. After the incident occurred, Hu Shigen, at an underground church event, incited Zhai Yanmin to organize persons to go to Qing’an to carry out unlawful gatherings to hype up the incident, inciting some people, who were unaware of the truth, to oppose organs of state power.[3]

认定上述事实的主要证据有:1、勾洪国的受洗证、笔记本、培训资料等物证、书证;2、证人勾洪国、翟岩民等的证言;3、搜查、勘验检查笔录;4、视听资料、电子数据;5、被告人胡石根的供述和辩解。

As proof of the aforementioned facts, the principal evidence is: 1. Gou Hongguo’s baptism record, notebook(s), training materials, and other physical and written evidence; 2. Oral testimony of witnesses Gou Hongguo, Zhai Yanmin, and others; 3. Notes from searches and inspections; [4] 4. Audiovisual materials and electronic data; 5. and Defendant Hu Shigen’s confession and explanation.[5]

本院认为,被告人胡石根组织、策划、实施颠覆国家政权、推翻社会主义制度,其行为触犯了《中华人民共和国刑法》第一百零五条第一款,犯罪事实清楚,证据确实、充分,应当以颠覆国家政权罪追究其刑事责任。胡石根刑法执行完毕后再犯危害国家安全犯罪,系累犯,适用《中华人民共和国刑法》第六十五条第一款、第六十六条之规定。依据《中华人民共和国刑事诉讼法》第一百七十二条的规定,提起公诉,请依法判处。

This court holds that defendant Hu Shigen organized, planned, and carried out subversion of state power and overthrowing of the socialist system, and his actions violated article 105(1) of the Criminal Law of the People’s Republic of China. The facts of the crime are clear, the evidence is reliable and sufficient, and he should be held criminally responsible for the crime of subversion of state power. Hu Shigen, after having completed a sentence for one crime, again committed the crime of endangering state security, and is a repeat offender, so articles 65(1) and 66 of the Criminal Law of the People’s Republic of China apply.[6] Pursuant to article 172 of the Criminal Procedure Law of the People’s Republic of China,[7] public prosecution has been brought and a judgment is sought in accordance with the law.

审庭长讯问被告人是否听清公诉人宣读的起诉书,与其收到的起诉书副本是否一致,对起诉书指控的犯罪事实有无异议?

The presiding judge asked the defendant whether he had clearly heard the indictment as read aloud by the prosecutor, whether it was the same as the copy of the indictment he had received, and whether he had any objections to the facts of the crime of which the indictment accused him?

被告人表示“听清了”、“一致”、“无异议”。

The defendant replied: “I heard it clearly,” “it is the same” and “I have no objections.”

 


Zhou Shifeng (周世锋)

Tried and sentenced to seven years in prison, and 5 years’ deprivation of political rights, Tianjin No. 2 Intermediate People’s Court (天津市第二中级人民法院), August 4, 2016.

“Transcript,” Source: http://news.ifeng.com/a/20160804/49717976_0.shtml

Excerpts from the official transcript of the trial of Zhou Shifeng:

被告人周世锋长期受反华势力渗透影响,逐渐形成了推翻国家现行政治制度的思想。2011年以来,周世锋作为北京锋锐律师事务所主任,以该所为平台,纠集一些律师,专门选择热点案件、事件进行炒作,多次在网上网下发表颠覆国家政权的言论,组织、指使该所行政人员吴淦、刘某某(均另案处理)等,通过在公共场所非法聚集滋事、攻击国家法律制度、利用舆论挑起不明真相的一些人仇视政府等方式,实施颠覆国家政权、推翻社会主义制度的犯罪活动。期间,周世锋与胡石根(曾因危害国家安全犯罪被判处刑罚、长期以非法宗教活动为平台实施颠覆国家政权活动,另案处理)、李和平(利用境外某非政府组织资金从事颠覆国家政权活动,另案处理)、翟岩民(长期非法组织一些访民闹访滋事实施颠覆国家政权活动,另案处理)等人密谋策划颠覆国家政权,提出系统化的颠覆国家政权思想、方法和步骤。此后,周世锋强化了颠覆国家政权的思想,继续组织、指使吴淦、刘某某等人,通过上述方式,进一步实施一系列颠覆国家政权、推翻社会主义制度的犯罪活动,严重危害国家安全和社会稳定。具体事实如下:

Defendant Zhou Shifeng has long been influenced through-and-through by anti-China forces[8], and gradually his thoughts have taken on the form of overthrowing the state’s current political system. Since 2011, Zhou Shifeng has, as Director of the Beijing Fengrui Law Firm, used the law firm as a platform to bring together some lawyers to specifically select key cases and incidents so as to hype them up. He has published opinions online and offline multiple times to subvert state power. He organized and directed his law firm’s administrative personnel—including Wu Gan and Liu XX (whose cases are being handled separately)—to carry out criminal activities to subvert state power and overthrow the socialist system by such means as unlawfully gathering crowds in public places to provoke trouble, attacking the state’s legal system, and using public opinion to incite some people, who were unaware of the truth, to hate the government.

In this period, Zhou Shifeng, along with Hu Shigen (who had previously served a criminal sentence for the crime of endangering state security, and whose case of carrying out activities to subvert state power by the long-term use of unlawful religious activities as a platform is being handled separately), Li Heping (whose case of using funding from a certain foreign NGOs to engage in activities to subvert state power is being handled separately), Zhai Yanmin (whose case of long-term unlawful organizing of petitioners to make noisy petitions and to stir up trouble in order to carry out activities to subvert state power is being handled separately), and others secretly plotted to subvert state power, and put forward systematic ideas, methods, and measures for the subversion of state power. After that, Zhou Shifeng strengthened his thinking on subversion of state power, continued to organize and direct Wu Gan, Liu XX, and others to use the aforementioned means to go a step further in carrying out a series of criminal activities to subvert state power and overthrow the socialist system, thereby seriously endangering state security and social stability. The specific facts are as follows:

公诉人:

1、2014年12月,北京锋锐律师事务所代理一起民事申诉案件,该案已经法院调解结案。被告人周世锋与吳淦、刘某某等人共同预谋后,指示吴淦和该所律师谢某某(另案处理)前往云南省大理白族自治州炒作该案。2015年1月7日至12日,吴淦、谢某某通过在州人民政府、州人民检察院、中级人民法院等地张贴大字报、驾驶贴满大字报的车辆在法院内外滋事等方式,攻击司法机关,抹黑司法制度,并通过互联网恶意炒作,企图挑起不明真相的一些人仇视中国特色社会主义司法制度。

Prosecutor:

1) In December 2014, the Beijing Fengrui law firm represented a civil case, which had already been resolved by mediation. Defendant Zhou Shifeng and Wu Gan, Liu XX, and others, after joint premeditation, directed Wu Gan and lawyer Xie XX of his law firm (whose case is being handled separately) to travel to the Dali Bai Autonomous Prefecture in Yunnan Province to hype up this case. From January 7 to January 12, 2015, Wu Gan and Xie XX posted big-character posters at the autonomous region’s People’s Government, People’s Procuratorate and Intermediate People’s Court, drove a car covered with big character posters in front of the courtroom in order to stir up trouble, along with other measures to attack judicial organs, discredit the judicial system, and maliciously generate hype via the Internet, and plotted to incite some people, who were unaware of the truth, to hate the legal system of the socialist system with Chinese characteristics.

公诉人:

2、2015年2月1日中午,被告人周世锋在北京市朝阳区“七味烧”餐厅,参加由胡石根、李和平、翟岩民等15人参与的聚会,围绕“律师如何介入劳工运动”和“律师如何介入敏感案事件”等议题进行商议。胡石根提出“公民力量壮大、统治集团内部分裂、国际社会介入”系国家转型的“三大因素”,“转型、建国、民生、奖励、惩罚”系建设未来国家的“五大方案”。周世锋对胡石根等与会人员的言论积极响应,并提出通过鼓励等方式,加速中国共产党内部的分裂。

Prosecutor:

2. On February 1, 2015, defendant Zhou Shifeng went to a lunch gathering attended by 15 people, including Hu Shigen, Li Heping, and Zhai Yanmin at Qiweishao restaurant in Chaoyang District, Beijing, at which they discussed topics revolved around “how lawyers might get involved in the labor movement” and “how lawyers can get involved in sensitive case incidents,” etc. Hu Shigen put forward three major elements for the transformation of the state: “a strengthened citizenry, a split within the ruling party, and the intervention of international society,” along with the five major programs for the construction of a future state: “transformation, nation-building, people’s livelihoods, remuneration, and punishment.” Zhou Shifeng actively responded to Hu Shigen’s and others’ statements, and proposed that with encouragement and other measures, the internal fracturing of the Communist Party of China would happen more quickly.

公诉人:

3、2015年3月10日,河北省保定市满城县人民法院依法开庭审理北京锋锐律师事务所代理的一起敲诈勒索案。案件审理期间,被告人周世锋数次前往当地,授意该所律师拍摄照片,丑化检察官、法官形象,编造谣言,指使吴淦等人在互联网上恶意炒作,挑起不明真相的一些人对中国特色社会主义司法制度的不满。

Prosecutor:

3. On March 10, 2015 in Mancheng District, Baoding prefecture level city, Hebei Province, the People’s Court began the trial of a blackmail case in which Fengrui Law Firm represented one of the parties. While the case was being heard, defendant Zhou Shifeng traveled to that location multiple times, got his firm’s lawyers to take pictures, vilified the images of the prosecutor and judge, fabricated rumors, ordered Wu Gan and others to maliciously hype up the case on the Internet, inciting some people, who were unaware of the truth, to be dissatisfied with the legal system of the socialist system with Chinese characteristics.

公诉人:

4、2015年5月2日,黑龙江省庆安县火车站候车室一袭警人员被执勤民警当场击毙。事件发生后,被告人周世锋以北京锋锐律师事务所的名义在互联网上发表声明,怂恿吴淦发表大量博文,歪曲事实真相,煽动与国家政权机关对立。

Prosecutor:

4. On May 2, 2015, at Heilongjiang’s Qing’an County train station, a person who attacked the police was shot dead in a waiting room by an on-duty civil police officer. After the incident, defendant Zhou Shifeng issued a statement online in the name of Beijing Fengrui Law Firm, and encouraged Wu Gan to publish a large number of blog posts, which distorted the facts, and incited opposition to organs of state power.

公诉人:

5、2015年5月,吴淦在江西省高级人民法院门前,给法院院长摆设灵堂,严重扰乱了法院的工作秩序,被公安机关依法刑事拘留。被告人周世锋以北京锋锐律师事务所的名义,通过境外媒体,声援吴淦,并肆意污蔑、诽谤、诋毁国家政治制度,在境外造成恶劣的政治影响。

Prosecutor:

5. In May 2015, Wu Gan stood outside the High People’s Court in Jiangxi Province arranging a “funeral” for the president of the court, which seriously disrupted the order of the court, and he was criminally detained by public security authorities in accordance with the law. Zhou Shifeng, under the name of the Beijing Fengrui Law Firm, expressed support for Wu Gan through overseas media, recklessly vilifying, slandering, and defaming China’s political system, which caused adverse political consequences abroad.

认定上述事实的主要证据有:1、大字报、刑事判决书等书证;2、证人谢某某、黄力群等证言;3、搜查、勘验检查、辨认笔录;4、视听资料、电子数据;5、被告人周世锋的供述和辩解。

As proof of the aforementioned facts, the principal evidence is: 1. big character posters, the criminal judgment, and other written evidence; 2. Oral testimony of witnesses Xie XX, Huang Liqun, and others; 3. Notes from searches, inspections, and identifications; 4. Audiovisual materials and electronic data; 5. Defendant Zhou Shifeng’s confession and explanation.

公诉机关认为,被告人周世锋组织、策划、实施颠覆国家政权、推翻社会主义制度,其行为触犯了《中华人民共和国刑法》第一百零五条第一款,犯罪事实清楚,证据确实、充分,应当以颠覆国家政权罪追究其刑事责任。依据《中华人民共和国刑事诉讼法》第一百七十二条的规定,提起公诉,请依法判处。

The prosecutor holds that defendant Zhou Shifeng organized, planned, and carried out subversion of state power and overthrowing of the socialist system, and his actions violated article 105(1) of the Criminal Law of the People's Republic of China. The facts of the crime are clear, the evidence is reliable and sufficient, and he should be held criminally responsible for the crime of subverting state power. Pursuant to article 172 of the Criminal Procedure Law of the People's Republic of China, a prosecution has been brought and a judgment sought in accordance with the law.

审判长讯问被告人是否听清公诉人宣读的起诉书,与其收到的起诉书副本是否一致,对起诉书指控的犯罪事实有无异议?

 

The presiding judge asked the defendant whether he had clearly heard the indictment as read aloud by the prosecutor, whether it was the same as the copy of the indictment he had received, and whether he had any objections to the facts of the crime of which the indictment accused him?

被告人表示听清了、一致、无异议。(未完待续)

The defendant replied: “I heard it clearly,” “it is the same” and “I have no objections.”

···

···

被告人周世锋向法庭作最后陈述。

 

Defendant Zhou Shifeng gave a final statement to the court.

被告人周世锋:我的最后陈述如下:

Defendant Zhou Shifeng: “My final statement is as follows.

尊敬的审判长、审判员、国家公诉人以及我尊敬的两位辩护人:大家辛苦了!

“Esteemed presiding judge, judges, State prosecutors and my two esteemed defense counsel: you have all suffered too much!

 

通过今天的庭审,我深深认识到自己所犯的罪行,自己的行为给党和政府带来了危害。在此,我向我们的政府表示深深忏悔!(鞠躬)对这样一个充满着公平正义、法治的审判,我相信判决将是公正的,将是经得起历史、法律考验的。我认罪悔罪,认罪服法,永远不上诉!

“By means of today’s trial, I truly recognize the crimes that I myself have committed, and the harm that my actions have caused the Party and the Government. I hereby express my deepest regrets to our government! (bowing). At trial such as this—full of fairness and justice, and the rule of law—I believe that the verdict will be fair, and shall stand the test of history and law. I confess and repent, my confession is in accordance with the law—I will never appeal!

我深深感谢邓小平同志,是他恢复高考,中国实现改革开放,才使我发展。

“I deeply thank comrade Deng Xiaoping, for it was his revival of the high school examination system, and achievement of China’s reform and opening up, which enabled me to develop.

我感谢的第二个人就是习近平主席,他的依法治国策略使中国更加强大。

“The second person I wish to thank is Chairman Xi Jinping, his strategy of ruling the country according to law makes China more powerful.

我没有意识到西方国家对中国“和平演变”这么严重。通过我的违法犯罪事实看,需要给广大的律师和广大的人民群众敲响警钟。同时,自己为了发展,也为了律师所的私利,招聘了网络大V给社会造成不稳定因素。我再次深深忏悔!

“I was not aware of the seriousness with which  Western countries view China’s ‘peaceful evolution.’ By seeing the facts of my crimes, they must raise alarm bells for numerous lawyers and people. At the same time, for my own development, and for the profit of the law firm, I recruited Internet Big Vs to be destabilizing factors in society. Once again I truly regret this!

我感谢法庭!感谢公诉人!感谢我的律师!

“I thank the court! I thank the prosecutor! I thank my lawyer!”

 

[1] For an account of Hu Shigen’s former imprisonment for 20 years for counter-revolutionary activities, see China Labour Bulletin, “HRIC: Jailed veteran labour activist, Hu Shigen, reported in critical health,” (November 2, 2004) http://gb.clb.org.hk/en/content/hric-jailed-veteran-labour-activist-hu-shigen-reported-critical-health.

[2] The charges against Gou Hongguo stem from his attendance at the Ninth InterEthnic/InterFaith Leadership Conference that was held in Taiwan in May 2014. See: LA Times, “Chinese activist charged with 'subversion' for attending a meeting and a conference,” (August 5, 2016) available at http://www.latimes.com/world/asia/la-fg-china-subversion-20160805-snap-story.html. See also Initiatives for China, “Citizen Power for China ‘Ninth InterEthnic/InterFaith Leadership Conference Held in Taiwan,” (May 16, 2014) http://www.initiativesforchina.org/?p=1721.

[3] Official Chinese media was itself vocal about the police shooting in Qing’an, as the China Daily reported at the time:

The earliest report online described the police officer as a hero who opened fire when the man tried to grab his handgun. But later reports tell a completely different version of incident, saying the man killed was a veteran petitioner, who was about to board a train on petition trip along with his mother and daughter. The police officer was trying to stop the man from embarking on his trip. The incomplete video clip spread online shows the man trying to evade an attack from the police officer.

See China Daily, “Shooting of petitioner needs investigating,” (May 11, 2015) http://www.chinadaily.com.cn/opinion/2015-05/11/content_20677201.htm .

[4] While in detention, Hu Shigen was kept isolated from friends and family, with friends alleging violations of the law during his period of pre-trial detention. See Li Wei, “Does Elder Hu Shigen Have Money and Clothes in Detention?,” (April 24, 2016) http://www.hrichina.org/en/citizens-square/does-elder-hu-shigen-have-money-and-clothes-detention.

[5] In their Concluding Observations, the UN Committee Against Torture noted:

the Committee remains seriously concerned over consistent reports indicating that the practice of torture and ill-treatment is still deeply entrenched in the criminal justice system, which overly relies on confessions as the basis for convictions. It also expresses concern over information that the majority of allegations of torture and ill treatment take place during pretrial and extralegal detention and involve public security officers, who wield excessive power during the criminal investigation without effective control by procuratorates and the judiciary.

See Human Rights in China, “China and the CAT,” http://www.hrichina.org/en/china-and-cat.

[6] Criminal Law of the People’s Republic of China (1979, Amended 2015):

Article 65: If a criminal commits another crime punishable by fixed-term imprisonment or heavier penalty within five years after serving his sentence of not less than fixed-term imprisonment or receiving a pardon, he is a recidivist and shall be given a heavier punishment. However, this shall not apply to cases of negligent crime.

For criminals who are paroled, the period stipulated in the preceding paragraph shall be counted from the date the parole expires.

Article 66: If a criminal of endangering national security commits the same crime again at any time after serving his sentence or receiving a pardon shall be dealt with as a recidivist.

See National People’s Congress, http://www.npc.gov.cn/englishnpc/Law/2007-12/13/content_1384075.htm

[7] Criminal Procedure Law of the People’s Republic of China (1979, Amended 2012):

Article 172: Where a people’s procuratorate is of the opinion that the facts of a crime committed by the criminal suspect are clear, the evidence is reliable and sufficient, and criminal liability must be pursued according to the law, it shall make a decision on the initiation of a prosecution and, in accordance with provisions on adjudication jurisdiction, initiate in the people’s court a public prosecution and transfer the case materials and evidence to the people’s court.

(Translation courtesy Criminal Procedure Law of The People’s Republic of China, translated by Jianfu Chen, in Chen, Jianfu & Ke, Suiwa, Criminal Law and Criminal Procedure Law in the People’s Republic of China: Commentary and Legislation (2013, Martinus Nijhoff)).

[8] The phrase “anti-China forces” is significant.  See China Change, “China Claims Rights Lawyers and Dissidents Are Part of Vast American Conspiracy in 4-Minute Video,” (August 3, 2016) https://chinachange.org/2016/08/03/china-claims-rights-lawyers-and-dissidents-are-part-of-vast-american-conspiracy-in-4-minute-video/. See also Voice of America 环时指反华势力"裹挟"包卓轩 遭民运人士反驳 (Chinese State Media Global Times: Human Rights Lawyer Wang Yu’s Son Bao Zhuoxuan “Coerced” by Anti-China Forces, Rights Defenders Refute Claim) (October 19, 2015) http://www.voachinese.com/content/voa-news-state-media-accuse-foreign-anti-china-elements-of-coercing-20151016/3010353.html.

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