Human Rights in China (HRIC) has learned that Shanghai petitioner Mao Hengfeng has been sentenced to two-and-a-half years in prison on a charge of "intentionally destroying property."

Mao, who has petitioned the authorities since 1988 on family planning and housing issues, has been detained many times in the past, and has been sentenced to various terms of Reeducation Through Labor (RTL). She has also on several occasions been forcibly admitted for psychiatric treatment. Mao has reported torture and other abusive treatment during her previous terms of detention and psychiatric treatment.

Mao was detained most recently during a general roundup of petitioners shortly before the 2006 anniversary of the June 4 Crackdown. Police subsequently charged her with "violating the terms of residential surveillance," and placed her under "soft detention" in a guesthouse in Shanghai's Yangpu District, where she was forced to share cramped quarters with six other men and women. While protesting her treatment, Mao broke two table lamps in the guesthouse room, and as a result was formally arrested on June 30, 2006, on a charge of "intentionally destroying property." The procuratorate sent the case back to the Public Security Bureau for further investigation in August, and Mao was formally indicted on December 1.

The evidence presented implicated Mao in breaking one table lamp valued at more than 3,000 yuan (approximately $400), and another valued at more than 2,000 yuan (approximately $250). Sources told HRIC that rules issued by the guesthouse require compensation of only 50 yuan for a broken table lamp. Nevertheless, the Yangpu People's District Court sentenced Mao on the basis of the 6,400 yuan value assigned to the lamps in the official indictment.

HRIC condemns the prison sentence imposed on Mao Hengfeng, which is disproportionate to the crime of which she was convicted. The handling of this case by the public security and judicial authorities raises strong concerns of retaliation against individuals invoking their constitutionally-protected right to petition the authorities. HRIC calls for Mao's immediate release pending a full and fair review of her case.

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