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HRIC Action Bulletin: Activist Hu Jia Arrested


What happened?


Activist Hu Jia [胡佳] was detained on December 27, 2007, on charges of “inciting subversion of state power” [煽动颠覆国家政权罪]. His family was notified of his formal arrest on January 30, 2007. He is currently being held at Beijing Municipal Detention Centre [北京市看守所] and has been denied release on bail pending investigation for reportedly being a danger to society.[1] The authorities have also refused to allow Hu to meet with his lawyers, reportedly due to the involvement of “state secrets.”[2] Hu’s wife Zeng Jinyan [曾金燕], gave birth to a daughter in November, and is currently under house arrest.

For much of 2006, Hu was under house arrest, while Zeng’s movements were restricted and monitored by police. During this time, Hu made a documentary called Prisoner in Freedom City, referring to the name of their apartment complex, Bo Bo Freedom City. Hu and Zeng both blogged about life under surveillance. In September, Hu posted an article he wrote with lawyer Teng Biao on his MSN Spaces blog, about “The Real Situation in Pre-Olympics China”; an English translation is available in the China Rights Forum, No.4 2007 issue.[3]

Hu Jia is a long-time HIV/AIDS activist and an internationally-recognized Chinese rights defender. He has actively fought for rights improvement in China through his timely international reporting of major rights abuses. Hu and Zeng received a 2007 special press freedom award from Reporters Without Borders, and were also nominated for the Sakharov Human Rights Award of the European Parliament. Zeng was listed as one of the 100 most influential people in the world by Time magazine in 2006.[4]


Key facts

Name and occupation Hu Jia [胡佳] (b. July 2, 1973) is a Beijing-based human rights activist.
Charge Inciting subversion of state power [煽动颠覆国家政权罪] (Criminal Law art. 105(2))
Possible sentences
  • A maximum of 5 years’ imprisonment, criminal detention [拘役] or public surveillance [管制], deprivation of political rights.
  • A minimum of 5 years’ imprisonment for “major crimes” or for ringleaders.
  • A concurrent confiscation of property can be imposed. (Criminal Law art. 113(2))
Detention facility Beijing Municipal Detention Centre
Wife Zeng Jinyan [曾金燕]
Daughter Hu Qianci [胡谦慈]; born in mid-November 2007
Lawyers Li Jingsong [李劲松], Li Fangping [李方平]


Chronology

Date Event Details
2008.01.30 Arrest Notification
  • Hu’s family was notified by the Beijing Municipal Procuratorate that Hu’s formal arrest had been approved on suspicion of “inciting subversion of state power.”[5]
2008.01.25 Release on bail denied
  • The Beijing Municipal Public Security Bureau [北京市公安局] denied an application to release Hu on bail pending investigation. According to his lawyer Li Fangping, the police turned down the request because they believe that Hu is a danger to society.[6]
  • The second application that Hu’s lawyers submitted to the Public Security Bureau, an application to meet with Hu, was also turned down due to state secrets concerns.[7]
Week of 2008.01.21 Journalists barred from visiting Zeng Jinyan
  • Two AFP journalists were questioned and turned away by six plainclothes police when they attempted to visit Zeng in Bo Bo Freedom City.[8]
2008.01.19 Letter from Hu passed to family
  • Authorities passed a handwritten letter from Hu Jia to his family; the letter said that he misses his daughter and requested his parents to take care of their health.[9]
2008.01.14 Request for release on bail filed
  • Hu’s lawyer filed an application for Hu’s release on bail pending the investigation with the Beijing Municipal Public Security Bureau.[10]
2008.01.10 Lawyer placed under house arrest
  • Li Jingsong, one of Hu’s lawyers, was placed under house arrest for a few hours in a Beijing hotel, after inviting foreign journalists to confirm that it was impossible for him to see Zeng Jinyan.
2008.01.04 Request for lawyer-client meeting denied
  • The application submitted by Hu’s lawyers for a meeting was turned down on grounds of state secrets concerns.[11]
2008.01.02 Request for lawyer-client meeting filed
  • Li Jingsong submitted a request to the Beijing Municipal Public Security Bureau to meet with his client.[12]
2007.12.29 Defense lawyer authorization
  • Li Jingsong was appointed by Hu’s mother Feng Juan [冯娟] as Hu’s defense attorney.[13]
2007.12.27 Criminal Detention
  • Hu was taken away from home by the police at around 3:00pm. Police raided Hu and Zeng’s home and took away all communication equipment, including the fax machine, video recorder, tape recorder, books, and phone book.[14] Hu was detained on suspicion of inciting subversion of state power.[15]
2007.05.18 House arrest
  • Hu and Zeng were put under house arrest in their apartment.
2004 – 2007 Detentions and beatings
  • Hu was detained and beaten on numerous occasions. On February 16, 2006, Hu was kidnapped and went missing for 41 days. According to Hu, police officers had taken him into a car and covered his head with a hood.[16]



HRIC's Advocacy and Media Work on the Issue


On January 11, HRIC sent letters to European leaders, urging action on Hu Jia’s behalf. HRIC addressed these letters to the following bodies/individuals:

  • the Presidency of the European Union (Smiljana Knez);

  • the Council of the European Union (Riina Ruth Kionka, Personal Representative of the Secretary General/High Representative for Human Rights);

  • the European Parliament (Hélène Flautre);

  • the European Commission (James Moran, Director for Asia; Rolf Timans, Acting Director for Human Rights and Democratisation; Benita Ferrero-Waldner, Commissioner for External Relations);

  • and the government of France, which will take the Presidency of the European Union during the Beijing Olympics (Michel Doucin, Ambassador for Human Rights).

HRIC urged these leaders to exercise their leadership by raising Hu Jia’s case with relevant authorities in China and calling for his immediate release. HRIC also recommended that they emphasize China’s responsibilities as host of the Olympic Games, and pursue with the Chinese authorities all available actions for redress of the broader situation of rights defenders in China, who are presently subjected to severe crackdowns and harassment.

HRIC received positive responses and expressions of concern from EU officials and Parliamentarians. In a resolution adopted on January 17, the European Parliament called on the Chinese authorities to release Hu Jia and to respect human rights in the run-up to this year's Olympic Games. On January 23, the European Parliament’s Interparliamentary Delegation to China had its first meeting of the year, and Hu Jia’s case was the main item on the agenda. HRIC will continue to monitor the EU’s actions on Hu Jia.

Additional press work
Other Appeals
  • January 23, 2008: the European Parliament’s Delegation for Relations with the People’s Republic of China issued a call for Hu Jia’s prompt release at its first meeting of the year. Chairman Dirk Sterckx said that he would be writing the Chinese ambassador to the European Union to ask for a full explanation of the reasons for Mr. Hu's arrest and what laws he had broken.[17]

  • January 18, 2008: Justice and Peace Commission of the Hong Kong Catholic Diocese and the China Human Rights Lawyers Concern Group initiated a campaign to press for the release of three high-profile human rights defenders: Hu Jia, Guo Feixiong (aka Yang Maodong) and Chen Guangcheng.[18]

  • January 17, 2008: the European Parliament adopted a resolution on the arrest of Hu Jia, strongly condemning the detention of Hu Jia, demanding his prompt release, and calling upon the Chinese authorities to put an end to the harassment of Chinese human rights defenders in order to demonstrate their commitment to human rights in this Olympic year.[19]

  • December 31, 2007: the President of the European Parliament published a statement admonishing the Chinese authorities for their detention of Hu Jia, and urged them to use the 2008 Olympic Games as an opportunity for China to demonstrate that a country hosting the world's most important sports event is committed to internationally-recognized human rights standards, including freedom of expression.[20]


What can you do?



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SOURCES

[1] “Visitors barred from Freedom City 'crime' scene in Beijing,” Agence France-Presse, January 26, 2006, http://afp.google.com/article/ALeqM5ieneVYp69VIqRnY4Bk65si4z2tqA.

[2] Xiao Ding, “Beijing Police Reject Hu Jia's Application to Be Released on Bail Pending Investigation” [胡佳取保候审被拒], Radio Free Asia [自由亚洲电台], January 25, 2008, http://www.rfa.org/mandarin/shenrubaodao/2008/01/25/hujia/.

[3] HRIC translated this article for China Rights Forum No. 4, 2007.

[4] Arianna Huffington, “Zeng Jinyan – The Time 100,” Time (online version), http://www.time.com/time/specials/2007/ time100/article/0,28804,1595326_1615754_1616169,00.html.

[5] “In Brief: Hu Jia Formally Arrested” [快讯：胡佳（胡嘉）被正式逮捕], Chinese Human Rights Defenders [维权网], January 31, 2008, http://crd-net.org/Article/Class18/hujia/200801/20080131213334_7438.html.

[6] “Beijing Police Reject Hu Jia's Application to Be Released on Bail Pending Investigation” [胡佳取保候审被拒], Radio Free Asia [自由亚洲电台], January 25, 2008, http://www.rfa.org/mandarin/shenrubaodao/2008/01/25/hujia/.

[7] “Beijing Police Reject Hu Jia's Application to Be Released on Bail Pending Investigation” [胡佳取保候审被拒], Radio Free Asia [自由亚洲电台], January 25, 2008, http://www.rfa.org/mandarin/shenrubaodao/2008/01/25/hujia/.

[8] “Visitors Barred from Freedom City 'Crime' Scene in Beijing,” Agence France-Presse, January 26, 2006, http://afp.google.com/article/ALeqM5ieneVYp69VIqRnY4Bk65si4z2tqA.

[9] “Hu Jia Allowed to Send Memo To Family” [胡佳首次获准向家人传递便条], Radio Free Asia [自由亚洲电台], January 21, 2008, http://www.rfa.org/cantonese/xinwen/2008/01/21/China_Hu/.

[10] Li Jingsong, “Application for Releasing on Bail Pending Investigation” [取保候审申请书], China Human Rights Lawyers Concern Group [中国维权律师关注组], January 14, 2008, http://www.chrlcg-hk.org/?p=246#more-246.

[11] Xiao Ding, “Lawyer Barred from Meeting Hu Jia on State Secrets Grounds; Concerns for Guo Feixiong and Gao Zhisheng Continue” [胡佳被以涉密拒律师会见 民间继续关注郭飞雄高智晟], Radio Free Asia [自由亚洲电台], January 4, 2008, http://www.rfa.org/mandarin/shenrubaodao/2008/01/04/hu-jia/.

[12] Li Jingsong, “Application for Releasing on Bail Pending Investigation” [取保候审申请书], China Human Rights Lawyers Concern Group [中国维权律师关注组], January 14, 2008, http://www.chrlcg-hk.org/?p=246#more-246.

[13] Li Jingsong, “Application for Releasing on Bail Pending Investigation” [取保候审申请书], China Human Rights Lawyers Concern Group [中国维权律师关注组], January 14, 2008, http://www.chrlcg-hk.org/?p=246#more-246.

[14] “Tens of Police Deployed to Surround Zeng; Details of Hu’s Detention Revealed” [数十警察围困曾金燕 胡佳被拘细节辗转传出], Radio Free Asia [自由亚洲电台], January 2, 2008, http://www.rfa.org/mandarin/shenrubaodao/2008/01/02/hu_zeng/.

[15] Li Jingsong, “Application for Releasing on Bail Pending Investigation” [取保候审申请书], China Human Rights Lawyers Concern Group [中国维权律师关注组], January 14, 2008, http://www.chrlcg-hk.org/?p=246#more-246.

[16] Li Jingsong, “Application for Releasing on Bail Pending Investigation” [取保候审申请书], China Human Rights Lawyers Concern Group [中国维权律师关注组], January 14, 2008, http://www.chrlcg-hk.org/?p=246#more-246.

[17] European Parliament’s Delegation for Relations with the People’s Republic of China, Press Statement by Dirk Sterckx, MEP, on behalf of the EP Delegation on the case of the imprisoned Chinese dissident Hu Jia, January 23, 2008.

[18] “Joint Statement: Implement Olympic Spirit, Protect Human Rights! Immediately Release Hu Jia, Guo Feixiong, Chen Guangcheng and Other Mainland Human Rights Defenders and Human Rights Lawyers!” Justice and Peace Commission of the Hong Kong Diocese and China Human Rights Lawyers Concern Group, January 18, 2008, http://www.chrlcg-hk.org/?p=248.

[19] European Parliament, “European Parliament Resolution of 17 January 2008 on the arrest of the Chinese Dissident Hu Jia,” Doc. No.: P6_TA(2008)0021, January 17, 2008, http://www.europarl.europa.eu/sides/getDoc.do?type= TA&reference=P6-TA-2008-0021&language=EN.

[20] European Parliament, “European Parliament Resolution of 17 January 2008 on the arrest of the Chinese Dissident Hu Jia,” Doc. No.: P6_TA(2008)0021, January 17, 2008, http://www.europarl.europa.eu/sides/getDoc.do?type= TA&reference=P6-TA-2008-0021&language=EN.