Foreword “The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment” (“the Convention”) was passed in the United Nations General Assembly in 1984, entered into force on 26 June 1987. In December 1997, the General Assembly declared June 26 as the United Nations “International Day in Support of Victims of Torture”, aiming to express concern over the suffering of victims and their families from torture, and reiterate condemnation of all kinds of inhuman treatment. Torture is an act of serious violation of human rights, which is absolutely prohibited by international law. Under no circumstances shall torture be executed or rationalized. Every member of the international community has a responsibility to prevent the occurrence of torture. 27 years have passed since China ratified the Convention in 1988. According to article 2 of the Convention, the Chinese government as the contracting party must fulfill national obligations as follows: “(1) to take effective legislative, administrative judicial or other measures to prevent in any territory under its jurisdiction acts of torture; (2) In any exceptional circumstances whatsoever, whether a state of war ... or any other public emergency, may not be invoked as a justification of torture; (3) order from a superior officer or a public authority may not be invoked as a justification of torture.” As one of the earliest contracting states, China is no bystander in fulfilling the above responsibility. However, during the past 27 years, the number of Chinese victims of torture has not been reduced but risen. Human rights lawyers are examples of torture victims: Gao Zhisheng , Wang Shengsheng , Jiang Tianyong , Tang Jitian , Zhang Junjie , Wang , Wang Quanzhang , Jin Guanghong , Liu Shihui , Li Tiantian , Tang Jingling 2
, Pu Zhiqiang , Li Fangping , Teng Biao , Li Heping , Zhang Keke , Yu Wensheng , Cai Ying , Wang Yonghang , Li Chunfu, Liu Xiaoyuan , Ni Yulan , Zhang Kai , Jiang Yuanmin, etc. have suffered from all kinds of torture or inhuman treatment from the authorities, which includes violent beating, electric shock, force-feeding and forced injection of drugs, sexual violence, prohibition from rest and food, solitary confinement, cigarette smoke torture, burning, harassment, insults, threats, etc., which caused tremendous physical and psychological harm to each of the lawyer. Although China has made profound progress in its legal system reform, but the situation of torture remains serious. After all, the unfair and defective criminal procedure and judicial proceedings are the crux of the problem. In November 2015, the United Nations “Committee against Torture” will again consider China’s fulfillment of the Treaty in Geneva, Switzerland. We strongly urge the Chinese government to abide by the national obligations as a party to the Convention, and to seriously follow up the numerous improvement measures proposed by the Committee to China. Chinese authorities ought to take all measure to ensure that the law enforcement bodies and related administrative organs to prevent torture. China should abide to solemnly commit to “respect and protect human rights” enshrined by article 33 of the Constitution. This report aims to expose the torture and inhumane treatment suffered by Chinese human rights lawyers over the years, in order to raise the domestic and the international communities’ attention and concern. In the long run, Chinese criminal procedure, judicial systems and the situation of human rights lawyers are expected to improve.
Content 1. Definition of Torture and Cruel, Inhuman, Degrading Treatment or Punishment 2. Top 10 Torture Methods Used on China Lawyers 3. Torture Experience of Human Rights Lawyers 4. Videos in Support of Torture Victims from Lawyers Around the World 5. United Nations Recommendations
Definition of Torture and Cruel, Inhuman, Degrading Treatment or Punishment United Nations â€œConvention against Torture and Cruel, Inhuman, Degrading Treatment and Punishmentâ€?
Part I Article 1 1. For the purposes of this Convention, the term "torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanction.
2. This article is without prejudice to any international instrument or national legislation which does or may contain provisions of wider application.
Top 10 Torture Methods Used on China Lawyers
【1】Violent Beating Prolonged beating of the lawyers, for example, repeated slapping, hitting the head, neck, stomach or chest with water bottle, holding down the lawyer with a rope to beat or kick him/her, piercing the lawyer’s anus with sharp objects. Case: Henan lawyer Zhang Junjie (21 March, 2014) Zhang was hit hard on the head by the Jiansanjiang police with a water bottle and slapped across the face repeatedly. He was held down and beaten up, resulting in three broken ribs.
【2】Electrocution High-voltage electrocuting the lawyer’s body, targeting genitals in particular. Case: Beijing lawyer Li Heping (28 September, 2007) Li was abducted by unidentified persons and was kept in a basement in a rural area. Apart from beating, he suffered high voltage electric shock from electric batons. 【3】Force-feeding/medication Force-feeding may result in suffocation; forced drug injection may lead to unconsciousness Case: Beijing lawyer Jin Guanghong (April, 2010) Jin was kidnapped by unidentified persons and was confined in a mental hospital. He was injected with multiple kinds of drugs. He claimed that someone had forced him to eat by inserting an orogastric tube through his nose. 【4】Sexual Violence Torture targeting the lawyer’s genital including forcefully removing clothes, stabbing the genital with pointed objects, sexual abuse, etc. Case: Henan lawyer Cai Ying (28 November, 2007) Cai was detained illegally for 87 days. During the detention, he was stripped by force and made to count his pubic hair. He was forced to answer how his hair smelled when burnt. 【5】Sleep Deprivation The police non-stop interrogate lawyers without letting them to rest, this may result in swelling of the legs, sudden weight loss, vomiting, nausea, etc. 7
Case: Guangdong lawyer Liu Shifei (2011) Liu was illegally detained for 108 days, during 5 of which he was continually interrogated without sleep. His leg became swollen and he lost 7-8 lbs. 【6】Deprivation of Food/Medicine Despite the lawyer’s vulnerable state or illness, he/she is not allowed to have food/ medical treatment for up to dozens of days. Case: Dalian lawyer Wang Yonghong (June 2012) Wang showed symptoms of paralysis from being tortured during the 7 years he was in prison. The prison officials denied his family’s request for medical attention despite his perilous physical state. 【7】Solitary Confinement Detain the lawyer in solitary for a long period of time. Case: Beijing lawyer Jiang Tianyong (16 February, 2011) Jiang was detained, interrogated and beaten violently by the police for over two months. During the detention, he was locked in a room in complete darkness. 【8】Smoke Torture/Burning The victim's face and other body parts are inundated with smoke or burnt by cigarettes. Case: Beijing lawyer Gao Zhisheng (28 November, 2007) During his secret detention for more than 50 days, the police used at least 5 cigarettes to burn and to inundate his nose and eyes. 【9】Humiliation 8
Harass the lawyer and his/her family, for example, caging the lawyer, verbally abusing him/her, forcing the lawyer to crawl. Case: Beijing lawyer Ni Yulan (13 May 2009) Ni was taken by the Beijing Xicheng police station. The police officers urinated on her face during detention. ă€?10ă€‘Threats Threaten the lawyer and his/her family's personal safety. Case: Beijing lawyer Tang Jitan (21 March, 2014) The Jiansanjiang police threatened to bury Tang alive, remove his kidney and feed him to dogs. They did so in order to force him to sign a statement.
Torture Experience of Human Rights Lawyers We have collected the lawyers’ CVs and their torture experience. 蔡瑛 Cai Ying
程海 Cheng Hai
程為善 Cheng Weishan
董前勇 Dong Qianyong
高智晟 Gao Zhisheng
江天勇 Jiang Tianyong
蔣援民 Jiang Yuanmi
金光鴻 Jin Guanghong
李春富 Li Chunfu
李方平 Li Fangping
李和平 Li Heping
李天天 Li Tiantian
李昱函 Li Yuhan
劉浩 Liu Hao
劉士輝 Liu Shihui
劉衛國 Liu Weiguo
劉曉原 Liu Xiaoyuan
倪玉蘭 Ni Yulan
浦志強 Pu Zhiqiang
唐荊陵 Tang Jingling
唐吉田 Tang Jitian
滕彪 Teng Biao
王成 Wang Cheng
王勝生 Wang Shengsheng
王全章 Wang Quanzhang
王永航 Wang Yonghang
襲祥棟 Xi Xiangdong
余文生 Yu Wensheng
張俊杰 Zhang Junjie
張凱 Zhang Kai
張科科 Zhang Keke
張培鴻 Zhang Peihong
周澤 Zhou Ze
朱宇飆 Zhu Yubiao
蔡瑛 Cai Ying CV Cai Ying is born in Changsha city Hunan province. In 2012, he was framed by the judicial department and was detained for 87 days, during which he was tortured. In the end, the charge was withdrawn and he is now seeking state compensation. In 2014, Cai was the defense lawyer for 2 Shuanggui cases: Hunan Liling and Ningyuan. He was persecuted by the government after he exposed the torture involved in the Shuanggui cases on the internet. In March 2014, Cai was among the first lawyers to arrive at Jiansanjiang. He published first-hand information to the world which has helped the case to gain great publicity.
At around 10:30 a.m. on 30 July 2012, staff of the Yuanjiang Procuratorate dragged Cai Ying away from the Yiyang Procuratorate and locked him in a specially designed interrogation room. He was continuously interrogated for 3 days and was also threatened and humiliated. Later, he was transferred to a hostel where he was detained and the interrogation continued there. Cai received more cruel treatment in the hostel, including sexual violence and mental torture. Moreover, he was closely monitored for a long time and was deprived of sleep and food. During the interrogation, the authorities tried to convict him for different crimes, including bribery, fraud, perjury and an extra-marital affair. Cai denied all of them. On 13 January 2013, the 87 days illegal detention and torture finally ended due to the lack of evidence. The charge of bribery was also withdrawn. 程海 Cheng Hai CV Beijing lawyer Cheng Hai obtained his master’s degree in economics from Nankai University in 1984. Before becoming a lawyer in 2001, Cheng had been a farmer, a worker, a teacher and an investment consultant. He had also established his own company and worked at the provincial government’s economic reform office, thus he is familiar with enterprise operation management and related laws. Cheng started practicing law in Beijing in 2003 and is now a lawyer and partner of Gao Bo Long Hua Law Firm. He is a member of the All China Lawyers Association, a member of the Constitution and Human Rights Professional Committee of the Beijing Lawyers Association. Cheng has been the lawyer for non-Beijing hukou discrimination cases and defended Falun Gong practitioners of Beijing, Shijiazhuang and Hefei. l In 2006, Cheng sent a letter to Beijing NPC to suggest changes of unreasonable restrictions in Beijing on non-Beijing hukou voters who wished to apply for voter’s certification. l In 2007, together with 69 Chinese scholars and legal professionals, Cheng cosigned an open letter to call on the abolishment of Laogai (reform through labour). Cheng once said, “Being involved in public interest issues is a lawyer’s job. Lawyers have the responsibility to safeguard justice for society.” Therefore, he often provides pro bono services to people involving multicultural public interests cases.
After the “Lhasa violence” on 14 March 2008, Cheng was the defense lawyer for the arrested Tibetans. In August 2008, Cheng initiated the promotion of Beijing Lawyers’ Association direct election. Almost 100 Beijing lawyers signed the petition and pushed the first elected Beijing Lawyers’ Association in 2009. From 2010 onwards, the membership fee of the Beijing Lawyers’ Association was reduced to $500/year, and the City Lawyers Association was established. Cheng was the defense lawyer of Ni Yulan in 2012 for the crimes of “picking quarrel and provoking troubles” and fraud. In 2014, along with 17 lawyers, Cheng initiated the administrative review to declare illegality of the Department of Justice’s Annual Inspection of the All China Lawyers’ Association. In the same year, because of lawyer Ding Jiaxi’s case of disclosing government’s officials’ property, Cheng’s promoting education equality, resulted in his license suspension for a year.
Torture Experience On 13 April 2009, Cheng was beaten up by 7 policemen when he was providing legal service for a detained Falun Gong practitioner. His arms and ribs were injured. On 12 April 2013, Cheng and Liang Xiao Jun went to the court to ask the Department of Justice’s explanation for the postponement of the 13 Falun Gong practitioners’ case. They were abducted outside the Dalian Court by around 10 plainclothes police officers and Cheng was beaten up in the police car by the policemen. On the morning of 26 November 2013, Cheng went to meet with his detained client Ding Jiaxi at the Beijing No.3 Detention Centre. With the permission of Ding, Cheng took photos and recorded Ding and was stopped by the policemen. Cheng was beaten up and was detained for 5 hours. Cheng’s meeting with Ding was done in accordance with the criminal procedural law and he had already obtained the approval of Ding before taking photos and doing the recording. However, his phone was taken away by policeman 014004, who also choked Cheng and twisted his shoulder.
程為善 Cheng Weishan CV 12
Cheng Weishan is a Jiangsu lawyer working in Jiangsu Heng Yi Law Firm. Torture Experience On 23 December 2013, Cheng Weishan was at Pastor Zhang Shaojie’s home. He was later surrounded by about 10 people and was trapped. More than 200 people with sticks stood outside the door. The mob threatened one of the lawyers inside the house and demanded that he delete his blog post on the Internet. Cheng’s bag was taken away, his clothes were torn and his arms were injured. 董前勇 Dong Qianyong CV Beijing lawyer Dong Qianyong was born in 1980 in Wanfeixi province. He holds a law degree from Anhui Police Vocational College. He passed the National Judicial Examination in 2005 and became a qualified lawyer in 2007. In 2009, he started taking up religious freedom cases and other human rights related cases, as well as campaigning for lawyers’ rights in China. Torture Experience On 1 September 2010, Dong went to the Tianjing Railway Transportation Court to attend the court hearing of Wang Yu’s case. When he questioned the court’s illegal implementation of security inspection of the defense lawyers, he was dragged out of court and was beaten up. On 12 December 2013, lawyers Lin Qilei, Zhang Keke, Tang Tianhao and Dong Qianyong went to Hubei Wuhan Jiangxia Court to defend a case. Outside the courtroom they were surrounded by a large number of policemen and unidentified persons. The security inspectors refused to let the lawyers bring their computers into court. They were also interrupted when speaking in court and the Chief Judge rejected their application to recuse the prosecutorate and the judges. On 20 August 2014, Wang Yu, Dong Qianyong and Li Dunyong went to the court in Haerbin Xiangfang for trial. Because Dong asked for the recusal of the prosecutorate and the judges, Judge Yuan Yue made him leave the courtroom. When Dong was packing things to leave the court, the bailiff grabbed him by the neck and forced him out of court. Wang was also dragged out of court afterwards. 13
高智晟 Gao Zhisheng CV Gao Zhisheng is a famous lawyer from Shijia Yulin City of Shanxi province. He started his legal career in 1996 and has since been taking up human rights cases. He was elected by the Ministry of Justice as “China’s Top 10 Lawyers.” He is known as “Chinese conscience” and the Associated Press considered him the “leader of the China human rights lawyers”. Gao was widely respected. Chinese legal professionals such as Teng Biao honoured him as the “pioneer of human rights movement in China” and the “leader of promoting the civil rights consciousness to Chinese people”. Because of what he did, Gao was severely persecuted by the authorities. The then Canadian Secretary of State for Asia Pacific David Kilgour described Gao as “Nelson Mandela/Mahatma Gandhi-like lawyer” and “one of its most courageous lawyers.” Gao Zhisheng was active in dealing with cases that were seen as “sensitive” to the authorities, including Falun Gong practitioners, underground Christians, grassroots farmers and private entrepreneurs who are in constant disputes with government officials. In particular, since the end of 2004 he has written a few letters to the Chinese Government, calling for change of the illegal treatment of groups such as Falun Gong, and also involved in the investigation authorities’ forced organ harvesting on Falun Gong practitioners. Gao was nominated three times for the Nobel Peace Prize but his name is included as a “sensitive word” in China’s search engine and is never searchable online. Torture Experience Gao Zhisheng was detained for, in total, 129 days, from the time when he was kidnapped violently and secretly on 15 August 2006 and until the final trial day on 22 December. He was handcuffed for 600 hours, fixed in a designated iron chair and exposed to strong table light from both directions for more than 590 hours, forced to sit cross-legged on the floor to reflect on his wrongs for about 800 hours, forced to clean the floor 385 times. The inmates who shared his prison cell carried out these brutalities. Gao’s article “Dark night, black hood, Gang’s kidnap” mentioned that Beijing police officers besieged his home in Beijing in 2007. He was secretly kidnapped in 2007, suffered severe torture for more than 50 days. The secret police officers used a 14
variety of physical and psychological torture, for example, electric shocks, sexual torture like stabbing bamboo sticks into his genitals, using cigarettes to burn his eyelids and nose. The police said they would use “Approach of torturing Falun Gong practitioners” on him and told Gao that he would never leave that place alive. Later, the policemen by various means of torture trial, force him to criticize Falun Gong in writing, but failed to do so, but Gao made some compromise by signing the notes that says “The government did not kidnap Gao. There was no torture against Gao. Gao’s family was treated well.” Police officers threatened to torture Gao in front of his wife and daughter and his daughter would die if he reveals the torture to the outside world. On 4 February 2009, Gao Zhisheng was taken away by more than 200 police officers from his home in Shaanxi, and his whereabouts was kept unknown. Later it was revealed that he was being confined alone and tortured, thus arousing international attention. But in late April 2010, the Associated Press reports publicly confirmed that Gao suffered from torture “to the extent that no words can describe” for 14 months since the 2009 disappearance. The extent of torture is even worse than that in 2007, for example, police officers had stripped him of his clothes, beat him with a pistol in turns, and even beat him up for two days and nights in a row. On 7 April 2010, Gao Zhisheng appeared in Beijing and was interviewed by the Associated Press. Gao expressed in the interview, “I cannot withstand it. On the one hand, it is my past experience. It is those experiences which deeply hurt my family members. After careful consideration I finally made the decision to seek peace and tranquility.” He was then, two weeks later, disappeared again for 20 months. 江天勇 Jiang Tianyong CV Beijing lawyer Jiang Tianyong was a teacher for a decade before moving to Beijing in 2004 to pursue a career in Human Rights issues. He acquired lawyer’s qualifications in 2005 and subsequently worked in Gao Bo Long Hua Law Firm in Beijing. Jiang Tian Yong’s Christian faith influenced him to specialize in religious prosecution cases. His clients include Buddhist leaders, Falun Gong practitioners and Uighur activists. Jiang was involved in fighting for the rights of AIDS patients, 2007 Shan Xi “Black Kiln” scandal, elections of Beijing Lawyers’ Association, Falun Gong cases and 15
so on. As a result he was frequently monitored, harassed and threatened by the authorities. In July 2009, often his lawyers’ license was withdrawn by the Beijing Department of Justice, he has worked in Beijing Aizhixing Legal Project Coordinator. He continues to represent human rights cases in court as a citizen lawyer. Torture Experience In 2013 May, Jiang and 6 other lawyers were visiting a legal education centre. The 7 lawyers were assaulted by several unidentified persons. Jiang’s leg was injured by stones, whilst other lawyers were brought to a local police station because of “obstructing an officer in discharge of duties”. In 2014 March, Jiang was at one of the education centres in Heilongjiang, demanding the release of illegally detained personnel. Jiang and 4 other lawyers was abducted by a few dozen people in the hotel and brought to a local police station. They were interrogated separately, and inside the interrogation room, a police officer punched Jiang’s chest and used a water bottle to hit Jiang’s head and face. Jiang refused to tell the police anything. The police refused to show their identification or explain why Jiang was caught. Later that night, Jiang was handcuffed, blindfolded and taken to a house. He was chained and hung by the police. The police started kicking and beating him, kicking his stomach and chest, 5 or 6 people at a time. Whilst torturing Jiang, they said, “Why did you come, will you come again, who has asked you to come? Who is the leader among the lawyers?” Jiang remained silent. 2014 April, Jiang was finally released, and hospital examination discovered 8 of his ribs were broken. After returning to Beijing, he did a hospital examination again. As a result of the interference of policemen at the hospital, Jiang’s medical reports read, “the test shows that the condition of the patients is fine”
蔣援民 Jiang Yuanmin CV Jiang Yuan Min, born on 5 March 1958, is now working in Beijing Hanwei (Shenzhen) law firm as a full-time lawyer in Shenzhen City, Guangdong Province. He is also a member of the China Human Right Lawyers Group. Mr. Jiang began to practice law in 1982. He has represented farmers in land rights cases, and was consequently arrested illegally and detained for 170 days in Public Security Bureau in 2013. He eventually suffered from osteomalacia in his legs and knees. Since 2013, Mr. Jiang defended for Falun Gong and other religious persons. In 2014, in the famous Heilongjiang Jiansanjiang case, Mr. Jiang was also involved in rescuing the 4 illegally detained human rights lawyers. Torture Experience On 18 April 2013, Jiang Yuanmin was arrested and detained by Sanya police in Sanya from day to night, then kept in the Sanya No. 1 Detention Centre. This was retaliation for defending land rights of farmers who lost their farmland. He was accused of “assembling to disturb public order” and detained in Sanya City No.1 Detention Centre. Mr. Jiang was detained in a crowded environment every day, filled with 25 people in a small room. The room was originally designated for 12 people, but in fact there are often more than 20 people, or 30 people when the overcrowding is extreme. Three to four people had to sleep on a double bed. Inmates can only curl up in order to sleep. On 16 June, a doctor in the detention centre took Jiang to Nunghen Hospital for a physical examination. Orthopedic specialist diagnosed him as a chondromalacia patella patient. Doctor explained to Jiang that his legs had remained curved for too long and lacked exposure to sunlight, coupled with the lack of food and nutrition. This led to calcium loss, so the patella was detached from leg joints, which resulted in chondromalacia patella. The detention centre has not brought him for medical treatment earlier, so the situation of his legs worsened. Jiang was paralyzed for nearly 3 months due to chondromalacia patella. He could not stand or walk. Although he has recovered now, he cannot stand or walk for more than 3 minutes.
金光鴻 Jin Guanghong CV Jin Guanghong was born in Hubei province and is a renowned human rights lawyer in Beijing. He was also the participant in the June 4th Incident. He studied at the Department of Library and Information Science and Department of Philosophy at the Wuhan University from 1984 to 1992. He then obtained a bachelor’s degree in Arts and a master’s degree in Philosophy. After graduation, he was a lecturer in Xiamen University. In 1996, Jin passed the lawyers qualification test. Since then, he has been a practicing lawyer in Beijing Jingfa Law Firm. Jin has represented many cases for Falun Gong practitioners and other human rights activists. He also published articles that have advocated for reform in the judicial system in China and he was one of the endorser of Charter 08. Torture Experience In April, 2011, Jin Guanghong, when initially defending a Falun Gong member, he was disappeared for 2 weeks. He could not remember if the incident was on 8th or 9th April. The only thing he can recall is that he was suddenly caught when he was walking on the street. He was detained at a detention centre for a while and was then transferred to a psychiatric hospital. In the hospital, the staff injected Jin with multiple drugs. He was also hit viciously on the bed. During the torture, he lost his appetite. Jin claimed that someone had forced him to eat by inserting an orogastric tube into his nose. After his release, Jin felt pain all over his body. He could only take liquid food and walk for a short distance.
李春富 Li Chunfu CV Li Chun Fu, an active participant for civic expression, religious freedom, equality litigations, is a lawyer from the Beijing Dongyi Firm. Li represented Falun Gong practitioners, AIDS patients and cases of unnatural deaths during police detention and in labour camps. Apart from that he has participated cases of farmers’ land rights and represented journalist Qi Chongzhun along with fellow lawyer Li Xiongbing.
Torture Experience In 2009, Li and fellow lawyer Zhang Kai were handling a case concerning a Falun Gong practitioner who was beaten to death in a labour camp. Li was interrogated and beaten up by the police for no reason and locked in handcuffs. Multiple bruises were recorded on Li’s hands and he suffered minor bleeding from being slapped multiple times. Li was forced onto the top of a cement block and the handcuffs cut into his wrists, causing him to bleed. A policeman and an administrator slapped Li a few times, wrote two interrogation reports and checked his luggage and computer. 李方平 Li Fangping CV Li Fangping is a Beijing lawyer and activist in the New Civic Movement, who now works in Beijing Rui Feng Law Firm. He is also the consultant of Beijing Yi Ren Ping Centre and an endorser of Charter 08. Famous Cases: l
In 2009, he represented Beijing activist Zhao Lianhai who was charged with “picking quarrels and provoking trouble”. 19
l l l l l
In May 2010, he also represented Beijing artist Wu Yuren who was charged with “obstructing an officer in discharge of his duties.” In November 2010, he represented the victims of the melamine milk powder incident. In September 2013, he provided legal assistance to the bomber Ji Zhongxing in the Beijing Capital International Airport Bombing. In October 2013, he represented the victims of the Jiangxi Ruichang sexual assault case. In 2014, he defended Ilham Tohti, a Uyghur scholar from the Minzu University of China for charges of “splitting the state.”
Torture Experience In 2006, while providing legal assistance to Chen Guangcheng, a Shandong activist, Li was brutally beaten with crowbars on a bus by about a dozen unidentified men. He suffered severe injuries, his head was cracked open and he was sent to hospital for treatment. In 2011, Li went missing for a week. During that week he was tortured by the police. In 2013, Li was beaten up by the police while he was handling a case in Shandong province. Li was assaulted for no reason, the assault causing multiple injuries to his crotch and arms. The perpetrators have not yet been charged for their crimes. In 2014, Li and other lawyers went to the Hunan provincial procuratorate to negotiate the secret investigation on Cai Ying. Despite showing security guards his lawyer license, he and his bags were still searched and a policeman pushed Li out of the door and pushed Li more than three times. Li’s arms were injured as a result of the tussle. 李和平 Li Heping CV Li Heping is a Beijing lawyer who is born in Henan. He particularly fights for the rights of those who hold different political views, victims of land eviction, those prosecuted for their religion and the weak. Li is a Christian and opposes the suppression of religion. In 2008, he was an honoree for the National Endowment for Democracy's
Democracy Award for Religious Freedom, and the same year he was given the Human Rights Award by The Council of Bars and Law Societies of Europe (CCBE). Torture Experience On 29 September 2007, Li Heping was kidnapped by a group of unidentified people in the car park of his office in Beijing. He was locked in a basement in the countryside. Several people hit and kicked him brutally. They even electrocuted him with electric batons. He was tortured for about 5 hours and was released after 8 hours. When Li returned home, he realized all the documents of his case as well as his mobile phone, cardholder, notebook and portable hard disk, were all gone. Meanwhile, his laptop had been formatted and he could not access to the documents stored inside. 李天天 Li Tiantian CV Li Tiantian, from Shihezi 142 Mission, Xingjiang, was born in 1966. She worked as a nurse for 11 years. She was qualified as a lawyer in 1995 through self-study, and began practicing law in 2006 in Shanghai with Shanghai Beifang law firm. Later in 2011, she was detained for 95 days. Li could not withstand the government’s harassment and was overwhelmed by the physical and mental suffering, so she decided to stop being a lawyer. Torture Experience In February 2011, during the “Chinese Jasmine Revolution,” Lee posted online expressing positive feeling towards the overthrow of Egypt’s dictatorship by the people. She was consequently suppressed by the Chinese authorities. She was missing for 3 months. In 2011, from 19 February to 24 May, she was secretly detained in Shanghai. She was put in a room with no windows or sunlight, guarded 24 hours a day. 4 people were watching the room during each shift, and changed in every 12 hours. During the 3 months of detention, she was only allowed to leave the enclosed room a few times, so that she was brought to police station for statement taking. In the last month of detention, the number of guards during one shift was reduced from 4 into 3. 21
Authorities demanded her to write a guarantee letter, and only then could she return home in Xinjiang. Li made several attempts back to Shanghai, but was forced to return to Xinjiang. She was sent back a total of 7 times. In November 2011, Li was kept under surveillance after going back to Xinjiang. Lee suffers from high blood pressure, but the drugs she needed were not available in Xinjiang, and the police officers did not allow her to find her boyfriend to bring her drugs. They even suspected that she was mentally ill, and demanded to take her to the mental hospital for an examination. 李昱函 Li Yuhan CV Li Yuhan is a Liaoning lawyer who began her practice in 1991. She moved from Liaoning to Beijing in 2009 in order to evade police pursuit. She now works in the Beijing Dunxin law firm. Torture Experience According to Li, the Shenyang Heping station police destroyed evidence of illegal business owner Zhou Changjiang’s crimes after they brought her in, resulting in a nonconviction from the court. On 23 June 2008, Li reported to the police that she was a victim of an attack Zhou organized and her arm was broken. She requested that the authorities produce the evidence from their archives, but she was beaten by police officer Zhang Jiafeng. Li reported the incident to higher-ranking officers, but no response was given. Therefore, Li filed complaints against the relevant departments and appealed to Beijing. On 2 March 2009, Li was offered a hundred thousand dollars in compensation in exchange of her dropping the appeal. Li accepted the offer but did not receive the compensation. On 9 March, the Heping police tricked Li into a police car, they unlawfully detained her and beat her, which gave Li a heart attack. On 12 October, Li’s personal freedom was restrained. On 9 March 2010, the police restrained her freedom in a hotel for over 10 hours on the grounds that government officials wished to talk to her. Li got very emotional and suffered paralysis due to heartbeat abnormality. In 2011, the police brought Li back to Shenyang from Beijing against her will, Li suffered another heart attack during 8 hours’ detainment. She was dropped off at the doorsteps of a large hospital. On 2 July, Li was again beaten by the Heping station police and suffered a heart attack. As she was attempting to apply for an appeal, she was brought to the hospital by Beijing police, who also paid for the medical expense. On 4 June 2012, Li went to the Ministry of Supervision to submit appeal paper work, she was pulled into a car and verbally abused by Liaoning officials. 22
She was detained and passed out from a heart attack, and was told that she would be punished for her illegitimate appeal. Li is 54 years old, she is in poor health and can no longer maintain her practice as a lawyer after the oppression from the authorities, especially the police. Since March 2009, she has received emergency medical treatment over 20 times, has been hospitalized a dozen times, and can no longer afford surgery for further treatment. 劉浩 Liu Hao CV Liu Hao is a Guangdong lawyer who is also a Christian. He specializes in criminal defense, administrative law and retrial application. Torture Experience On 28th July, 2014, together with two lawyers, Liu went to Jiaozuo Detention Centre to meet their clients. The center rejected the meeting because their clients would be brought to trial soon. The Attorney’s Office was locked so the lawyers could not make any complaint. Two days later, a group of strangers searched Liu’s room and banned him from leaving his hostel. When the lawyers finally arrived at the detention centre, they were beaten up. Not only was Liu strangled, but he was slapped and his head was hit. He tried to enter the detention center to escape from the mob but was rejected. 劉士輝 Liu Shihui CV Liu Shihui is a Guangdong lawyer, who qualified in 1999, and began his practice in Guangzhou in 2000. He has handled hundreds of cases for farmers who had lost their land due to illegal eviction in Foshan and Dongguan. He also handled cases about collective assets and defends cases for vulnerable groups’ rights. In December 2008, Liu Shihui co-signed the “2008 Charter" as one of the third batch of lawyers. He published articles about anti-authoritarianism online. He wore a t-shirt with the words “Against one-party dictatorship, Disaster is everywhere” in public. He also joined the 20th commemoration day of the June Forth incident with his friends. He 23
handled the criminal appeals of Guo Feixiong and sued Meizhou Prison. In September 2009, he was disqualified as a lawyer by the authorities. After that, he defended sisters Jin Hanyian and Jin Hanqin who suffered from inhuman treatment and torture in the mental hospital black jail. Then Liu Shihui participated in the celebration dinner of Liu Xiaobo being awarded Nobel Peace Prize on 10 December 2010. He was thus kidnapped by security officers. He was also beaten by plain-clothes police for participating in the “Jasmine Revolution” seminar in Guangzhou on 15 February, 2011. He was taken to a black jail and tortured on 25 February, 2011. He was beaten by plain-clothes police for filming the security officer attacking an online activist in Suzhou. He was arrested and subjected to a 7-day administrative detention for expressing concern about the unlawful arrest of Liang Sungji, Zhang Shengyu, Ma Shengfen, Qiao Qingshan on 6 January, 2014. He was kidnapped and beaten by public security bureau on 8 April, 2014. He was detained for 12 hours on 29 April 2014 for mourning the death of Lin Zhao. He was captured by public security bureau officers on 13 May, 2014. He was arrested for “disturbing social order” on 14 May, 2014. He defended a large number of victims of forced evictions and other underprivileged groups during the days in Shanghai. Torture Experience On 10 December, 2010, “Human Rights Day” (“Night of the Empty Chair”), Liu participated in a celebration dinner for Liu Xiaobo being awarded the Nobel Peace Prize with his friends from Guangzhou. He was consequently kidnapped by public security bureau officers of Guangzhou and abandoned at a deserted area in Aotou Town, Conghua City, 50 kilometers away from the urban area of Guangzhou. On 20 February 2011, Liu Shihui posted information regarding the Jasmine Revolution on Twitter. He wrote, “On 20 February, I will be dating ‘Miss Jasmine’ at the Guangzhou People’s Park at 2pm. This is not a personal date and we welcome people to come and watch.” Due to this twitter post, he was attacked by 5 police officers on his way to the park and his leg was fractured. In 2011, the police illegally broke into Liu’s home and detained him for 108 days. During the detention, he was interrogated for 5 days without any sleep. His leg was swollen. At the end, he lost about 7-8 pounds and was seriously ill. 24
On 5 January 2013, Liu went to Guangzhou Yuexiu Public Security Bureau to check the condition of human rights activists in the hunger strike for the 25th anniversary of the massacre in Beijing. After the visit, he was detained by the police without any legal procedure and for no reason. On 29 April, 2013, Liu was beaten, kicked and slapped by Suzhou police for his visit to Lin Zhaomu. 劉衛國 Liu Weiguo CV Liu Weiguo was born in 1972 and graduated in Beijing Normal University. He started to practice in 2002 and is now working as the head of Criminal Defense in Shangdong Quanshun Law Firm. He was named “Excellent Lawyer” in Jinan. In 1998, he received an academic qualification from the Hong Kong Institute of Education. He mainly practices criminal law in Shangdong and particularly death penalty cases. Torture Experience On 12 December 2013, together with other 14 lawyers, Liu Weiguo went to Henan to meet more than 20 arrested Christians. They were rejected by the Detention Centre and were followed by a group of strangers. Apart from that, the strangers also videotaped them and took away their cellphones. The lawyers were surrounded by strangers twice. They were physically attacked and humiliated. On 13 December, the lawyers again requested a meeting with the 20 Christians, but were rejected again. Liu was beaten for 4 times and his head was hit by a brick. 劉曉原 Liu Xiaoyuan CV Liu is a lawyer, who was born in Jiangxi Jian District. He has represented human rights activists in court many times, for example, Yang Jia, Fujian Netizen case and Qi Chonghuai. In 2012, he was barred from practice as he could not pass the annual lawyers review for two years. However, in 2013, he still provided legal assistance to Ji Zhong Xing in the case of “Beijing International Airport Bombing.”
Torture Experience On 14th April 2011, Liu was dragged to a hostel by Beijing Public Security Bureau due to his participation in certain cases related to human rights defenders, including Yang Jia, Ai Weiwei etc. During the detainmen, the police took turns to monitor, humiliate and even threaten him. However, those who locked him up, never declared their identities nor followed formal legal procedures. 倪玉蘭 Ni Yulan CV Ni Yulan is a Beijing lawyer. In 2011, Ni was the recipient of the Human Rights Defenders Tulip, an annual award presented by the government of the Netherlands. She has been participating in human rights activities since 2001, helping the victims of land evictions due to the 2008 Olympic Games. In 2002, as she took a video of her neighbors being evicted from their home, she was detained illegally by the authorities for 75 days. As a result of torture, she became permanently disabled and she now needs to rely on a crutch for walking. She was sent to jail twice in both 2002 and 2008 for the offence of “obstructing an officer in discharge of duties.” On 19 April, 2012, she was sentenced to 2 years and 8 months for “picking quarrels and provoking troubles” and “fraud.” Torture Experience On 27 April 2002, Ni videotaped her neighbors’ home being demolished in order to provide space for the 2008 Beijing Olympics. Ni was thus dragged to a police car. She was brutally beaten up and fainted immediately and was later tortured for 3 days. Afterwards, Ni was sent to a Detention Centre for 7 months and the Public Security Bureau sentenced her to a year in prison. Her lawyer’s license was also revoked. As a result of the torture, she became permanently disabled and she still needs to rely on a crutch for walking. After her release, the police still put her under house arrest for 5 years and barred her from contacting the outside world. On 15 April 2008, a group of police officers and triad members armed with hammers, illegally broke into Ni’s apartment and destroyed her belongings. Although Ni was hit, she was instead charged with attacking police officer instead. As a result, she was sentenced 2 years in prison for the offence of “obstructing an officer in discharge of 26
duties.” During the hearing, she was not allowed to instruct a lawyer or defending on her own behalf. The court also ignored her claim on being tortured by the police. On 4 May 2009, Ni was transferred to Beijing Women’s Prison and was tortured, including forcing her to crawl on the ground. On 14 April 2010, Ni was released, but had to live in a refuge as she had become a victim of land eviction. Despite the poor livelihood, the police still made things difficult for her family. She was later secretly detained at Beijing Western District Detention Centre. 浦志強 Pu Zhiqiang CV Pu Zhiqiang is a Beijing human rights lawyer from Hebei Tangshan, he was also a participant of the hunger strike in the June 4th Incident. He is a partner at the Beijing Huayi law firm. Pu is an advocate for the abolition of re-education through labour and resolving the June 4th Incident. Pu frequently takes on rights protection cases, many relating to civil rights. He has been arrested for investigating sensitive cases, such as the renowned Tan Zuoren case, Ai Weiwei case, etc. On 6 February 2013, Pu openly reported about past Secretary of the Central Political and Legal Affairs Commission Zhou Yongkang, requesting that the central government investigate Zhou and that the Commission build a society based on the rule of law and a constitutional system. On 13 June 2014, Pu was arrested on suspicion of disturbing the peace and illegally obtaining citizens’ personal information. On 15 May 2015, the Beijing court announced on Weibo that Pu would be tried for charges of instigating racial hate and disturbing the peace.
Torture Experience 27
Pu was taken away for participating in a June 4th Incident seminar at his friend’s home. He was detained at the Beijing Zhaoyang police station until his official arrest on 14 June. Pu suffers from diseases including diabetes and high blood pressure. His medication was confiscated upon arrest and he was only provided with unknown medicine. Pu’s lawyer Zhang Xi met with him on 9 June 2014, Pu said he was given diabetic medicine including insulin, but his legs were swollen, which is a symptom of maltreatment of diabetes. Pu also told Zhang that his health may be suffering as a result of the 10 hours of interrogation he underwent everyday. Zhang applied for bail twice on the grounds of Pu’s poor health, but was denied due to Pu being a “threat to society.” Due to continuous interrogation and “night shifts” at the prison, Pu lost 9 kg of weight and suffered from vomit, nausea, swelling of the leg, etc. His family was not permitted to visit and even lawyer visits require the permission of officials before commencing. 唐荊陵 Tang Jingling CV Tang Jingling was the initiator and activist of the Chinese citizen’s non-cooperation movement. In 1997, Tang participated in legal training organized by Shantou University Faculty of law and passed the lawyer qualification exam in October of the same year. He was qualified as lawyer in August the following year. In November 1999 he obtained the lawyer’s license and began practicing in November 1999 and moved into the Guangdong Huazhijie law firm as a full-time lawyer in March 2000. In July 2004, Tang Jingling was involved in the case about labor protest in Dongguan Xing Ang. Under Tang's effort, the 10 workers who had been accused and arrested for more than 10 months were all released on probation and obtained “humanitarian assistance.” After that Tang began to be involved in civil rights including labor rights. Apart from taking up cases, Tang actively promotes legal knowledge about migrant labor. 28
In August 2005, Tang was involved in the renowned Taishi Village dismissal case. He acted as the attorney in administrative litigation and the defense lawyer for the villagers who were persecuted due to participation in the dismissal of the village head. In November, the law firm in which Tong was employed was under political pressure, so his employment contract was terminated prior to the agreed date. At the end of the year, all detainees in the Taishi Village case were released. But Tang was terminated by his law firm and was unable to practice as a lawyer. He is committed to promoting citizen’s non-cooperation movement, in the hope of bringing democracy and freedom to China. The non-violent non-cooperation movement includes the 429 commemoration of Lin Zhao, “Min Xin Pian” action, 583 action, abolition of hukou isolation, Popular Pension system action, as well as academic discussions about the promotion of non-violent protest actions, all of which are intolerable in the authorities’ eyes. Torture Experience On 16 May, 2014, Tang Jingling was criminally arrested for the offence of “picking quarrel and provoking troubles” and was brought away from his home. He was later detained at the Guangzhou Baiyun District Detention Centre. During the 1-year detention, the Police kicked Tang and banned him from contacting his family and reading books. Tang’s lawyer, Liu Zhengqing requested to meet Tang six times, but only succeeded twice. 唐吉田 Tang Jitian CV Tang Jitian is a Beijing lawyer. He obtained his license in 2004 and began his practice in July 2007 after being an assistant in a Shanghai law firm and interning in Shenzhen. He practiced in Shanghai, Shenzhen, Beijing, Anhui, etc, mainly working on cases protecting the rights of those whose land was unlawfully confiscated, who were forced to relocate, applying for appeal, victim of chemical contamination incidents, etc. He also advocated for certain cases. He took on numerous Falun Gong cases, including the case of Hebei Shijiajuang Falun Gong student Wang Wei, the unlawful imprisonment of Keqiuyan and her husband and Wu Yefeng’s cult charge in Shenyang. 29
Tang advocated for direct election in the Beijing Lawyers Association in 2008, and as a result he was asked to leave his law firm as a result. That year, the Charter 08 was ratified. In May 2009, Tang was kidnaped and held at a sports centre for 4 days before the anniversary of the June 4th Incident. He was transferred to an inn till his release on 8 June. In April 2010, Tangâ€™s lawyer license was rescinded by the Beijing legal department on the grounds that he disturbed court order. This was thought to be retribution for his advocating for election in the Lawyers Association. On 16 February 2011, in the Chinese governmentâ€™s actions again the Jasmine Revolution, Tang was kidnaped, imprisoned and tortured. Tang returned to right protection in Beijing in 2012. On 16 October 2013, Tang went to Heilongjiang Jixishi to help Falun Gong followers held captive. He was detained under administrative arrest for 5 days. He was released at 8am on 22 October. Torture Experience February 2011, Tang participated in a meeting on aiding Chen Guangcheng. Later, the police broke into his home and kidnaped him. He was unlawfully detained at multiple covert locations, where he was exposed to cold wind and starved. Tangâ€™s family was not notified of his whereabouts. Following the social movements in Arabian countries, the Chinese government began large scale assaults on human rights lawyers and activists; this was when Tang was taken captive. His injuries and treatment during the period led to tuberculosis. On 21 March 2014 in Jianshanjiang, Tang was verbally abused, slapped, hit in the back of his head and neck, etc for taking on Falun Gong cases. He became dizzy and lost a tooth. He was not given any food and only had water to drink. He was tied up and suspended for more beating and kicking: his back, chest, hips and leg hit the wall many times. Tang said it felt like the beating went on for more than ten minutes and his head was spinning, he was sweating and in a lot of pain. The police threatened to bury him alive, extract his kidney or feed him to dogs. Tang was forced to sign a written statement after 16 days in detention.
滕彪 Teng Biao CV Teng Biao was born in Ji Lin. He is a human rights lawyer and legal scholar. He also holds other posts: lecturer at the Faculty of Law in the China University of Political Science and Law, the head of Beijing Xing Shan Research Institute, member of the Independent Chinese Club and founder of Open Constitution Initiative. He has participated in human rights activities since 2003. Following are the some of the cases he was involved in: family planning; Falun Gong; New Citizens Movement; Chen Guancheng and Hu Jia. He was a visiting scholar of the Faculty of Law of Yale University and The Centre for Rights and Justice of The Chinese University of Hong Kong in 2007 and in 2012 respectively. In 2014, he wrote a letter to criticize the All China Lawyers Association for cooperating with the two government to suppress the lawyers. He was the awardee of: “Ten Figures in Legal Industry” (CCTV, Ministry of Justice, 2003); French Republic Human Rights Award (2007); “Religious Freedom and Rule of Law Defender Award” (China Aid Association, 24 July, 2012) Torture Experience On 6 March, 2008, when Teng was on his way home. He was dragged to an interrogation room in the countryside by a few unidentified persons. Later, these people claimed that they had been sent by the Public Security Bureau and warned him not to participate in any human rights activities. According to Teng, during the detention, there were 6 people monitoring him and they were divided into 3 shifts. Moreover, another two people kept on trying him all day long to persuade him to write a letter of repentance. After a night of detention, Teng finally agreed that he would not write anything about the Beijing Olympics and Hu Jia until the Olympic Games ended. He was then released on that day. On 18 February, 2011, Teng was kidnapped for 70 days due to the Jasmine Revolution. He was tortured, for example slapping and deprivation of sleep.
王成 Wang Cheng CV Wang Cheng, activist and lawyer, frequently opposes the government, including collecting signatures on human rights and welfare issues and campaigning for the disclosure of officials’ list of property and assets. He started a signature campaign in early February 2014, demanding that the government approve the “Declaration of Civil Rights” in the International Covenant on Civil and Political Rights. He was summoned by the police one week after the campaign’s commencement and had his home searched. He was arrested and was sent to a black jail in March 2014 along with other lawyers for demanding the release of illegally detained Falun Gong practitioners. Torture Experience Wang suffered heavy injuries from beatings by the police during his detention. The police handcuffed Wang and hung him above the ground using ropes. He was blindfolded and his chest, ribs and back were hit by unknown objects. Three of Wang’s ribs were broken. 王勝生 Wang Shengsheng CV Wang Shengsheng is a human right lawyer in Shenzhen, She graduated in law in 2007, and passed the National Judicial Examination in 2008, obtained a lawyer practicing certificate in 2010, completed a master degree International Human Rights Law jointly provided by the Lund University and the Raoul Wallenberg Institute of International Human Rights in 2012. She returned to China in 2012 to a local NGO as a legal and policy research analyst. She joined in 2013 a law firm which focuses on collective bargaining law, and joined the professional Weixin group “China Human Rights Lawyers Group” by chance. In 2014 she moved to Canton Prometheus Law Firm where she is now. Types of cases she was involved include: civil loan disputes, religious freedom, labor disputes, criminal cases and so on. Torture Experience 32
Wang was kidnapped for 24 hours when she went Heilongjiang to support the four lawyers who were arrested and tortured in March (Heilongjiang Human Rights Incident), 2014. On the day of abduction, the police stormed into her room at the hostel at midnight. They did not show any identity proof and said nothing when they broke in. Wang’s phone was taken away. The police kept searching the whole apartment, including her bed. They even emptied her bag and pockets. Later, Wang’s hands were twisted and tied with tape. The police black-bagged and kidnapped her. She was locked in a room. At first, they did not remove the bag that covered her head and untie her. Only later her hands were untied. The police tried to force her to guarantee that she would not be involved in the Heilongqiang Human Rights Incident. Later, Wang’s law firm was threatened by Guangdong Lawyers’ Association, Shenzhen Public Security Bureau, Shenzhen Department of Justice. It was explicitly ordered that the law firm must terminate the contract with Wang such that she could not practice anymore. 王全章 Wang Quanzhang CV Wang Quanzhang is a lawyer practicing in Beijing FengYui Law Firm. He graduated in 2000 in Shandong University School of Law, passed the judicial examinationin 2003, and began practicing in law in 2007. Types of cases he was involved include: criminal defense, Falun Gong religion, farmers’ land right, administrative detention, reeducation through labor. In 2014 he was one of the lawyers representing defendants in the cases of Jiansanjiang. In 2014, he represented Bian Xiaohui’s cult case in Hebei. Torture Experience On 29 March 2014, Wang was detained in Jiansanjiang Qixing detention center for a day. Public Security threatened to continue the detention if he refused to sign a statement. He was abused verbally, including being scolded “sick brain” and “got out from mental hospital,” etc and they threatened to break his legs. Pressed from behind the shoulders and neck by police officers, he was forced to press the thumb print on the guarantee document. His eyeglasses were thrown away. He was pushed against the wall by police officers, smashed on the head by either a fist or a water
bottle. Three police officers threatened to black-bag his head and electrocute him with electric batons. On 22 April 2015, during the trial in Shenyang Shenhe District Court, the defendant was hit brutally inside the court. When defending him, the four lawyers including Wang was violently treated. On 18 June 2015, Shandong Dongchangfu Court heard the case of Falun Gong. During the debate in the court, Wang was interrupted a few times when he was speaking. He was ordered to leave the court and was dragged out by 6 to 7 bailiffs. The police hit him three times and tore his clothes. In the end, they forced him to wear clothes. Wang’s head was beaten He had injuries over his face, forehead, chest, stomach and back. 王永航 Wang Yonghang CV Since 2007, Dalian lawyer Wang Yonghang has been providing legal assistance for Falun Gong practitioners and argued for their innocence. He wrote seven articles published in The Epoch Times and wrote an open letter to the judicial department to correct their wrongs and release all illegally detained Falun Gong practitioners. As a result, he was fired from his job and had his lawyer’s license revoked by the authorities. In 2009 June, whilst representing a Falun Gong practitioners, he was arrested and transferred to the Dalian detention centre. Torture Experience Wang was beaten up during detention and had his right leg broken. Whilst serving his three-year sentence, Wang was not given proper medical treatment for his broken leg and inflammation resulted in him being permanently disabled. During his time as a prisoner, he was intubated and beaten up by fellow inmates and doctors. Repeated intubation caused his airway to bleed and he nearly suffocated. In 2010 February, he was sentenced to a period of seven years. He was repeatedly beaten up during his second spell as a prisoner and suffered long-term abuse. Starting from 2012 May he 34
suffered from Pneumonia and as a consequence of years of torture, he is now paralyzed from his waist down. 襲祥棟 Xi Xiangdong CV Xi Xiandong is the lawyer for: Ding Han in Shandong; Chen Guoqing in Chengde; Ouyang Jia. Torture Experience On 15 May 2014, Xi Xiangdong went to Ji Lin court in Qian Guo district. The court did not allow him to enter the court. He was also not allowed to read relevant legal documents and did not receive any notice of the court hearing. The police, the bailiff, the procuratorate and the official from Department of Justice stood in front of the court to prevent Xi from entering the court. Four police pinched his neck and pressed his shoulder to force him away. 余文生 Yu Wensheng CV Yu Wensheng, born in 1967, is a Beijing lawyer. He graduated with Peking University law degree and passed the lawyer’s qualification exam in 1999 and began practicing law in January 2002. He worked as a lawyer in Beijing City Lung Zhui Law Firm in 2008 to 2010 and is now practicing at Beijing Road Hastings. In 2014, he served as the lawyer in Beijing Tongzhou Zhao Yong case (land eviction), Zhejiang Zhu Yingdi case (right activist), Beijing Li Huamin case (right activist), Jilin Liaoyuan City Wang Chunmei case (land eviction), Hubei Xiangyang He Bin, Xu Caihong case (petitioner rights), Beijing Chen Xiaozhi case (intellectual property rights), Wang v. National Bar Association and the "Legal Daily" (lawyers' right) , Jiangsu Qidong Xia Wei case (victim appeal) and so on. The most famous among all are the following three cases: Sanhe City, Hebei Falun Gong case, Wang v. National Bar Association and the "Legal Daily," and Beijing lawyer Cheng Hai case who has been illegally detained for participating in the Changping District. On October 13, 2014 he was arrested and 35
kept in custody by Daxing Branch of Beijing Public Security Bureau, for a total of 99 days, for suspicion of support for "Hong Kong Occupy Central" movement. Torture Experience During custody, Yu was tortured. His home and law firm were searched and documents were seized. He was put on death row for 61 days, interrogated nearly 200 times, and was not allowed to consult a lawyer. About November 1, 2014 Daxing police task force set up Yu Wensheng specialized team to increase its effort in the interrogation. The Task Force, made up of 10 people, was divided into three shifts to interrogate him. It started off from abuse to handcuffing his hand to the back of an iron chair, then the use of torture against him. From the evening of 2 November to 5 November morning, Yu was put in Daxing District Detention Center where suffered from punishment of a total of three times. The torture was putting his arms around the iron chair back. Because his arms are too short to go around the iron chair, the police strongly turned over his hand and handcuffed him tightly. The iron chair is wide, high and sharp-edged. The mouth of handcuff was even sharper. His body muscles were completely taut, and hands were swollen. The police officer Feng Shengming and Han Chao continued to pull the handcuffs, so that he could not help but scream. Han Chao said to Yu, “I will not let you die, but will let you prefer death to living.” Fung said to him, “Don’t blame us, it’s you who forced us to do this. What you did was nothing. The leader wants to show you some attitude.” In the later 70 days Yu was interrogated by Feng and Han who always threatened and tortured him until he left the detention center. On 20 November, Yu was transferred to the Beijing No.1 Detention Centre for medical check-up when he was diagnosed as having intestinal hernia, which he did not have before detention. Because of the torture and starvation, he was moved to a hospital for intestinal hernia surgery less than half a month after he bailed out. During the 37 days in Daxing Detention Center, he was under pre-trial interrogation more than 100 times. In the first 30 days, he was interrogated almost 3 times every day: morning, afternoon and evening. The evening interrogation lasted till 2-3 am in the morning, the longest time being until 4am. Interrogation lasted 15-16 hours every day. In the first ten days in Daxing Detention Centre, because the procurement period was passed, Yu did not enjoy any food other than those stored in the prison, which lack nutrition. He often missed lunch and dinner. During the first 28 days in Daxing Detention Centre Yu had been sleeping on the ground, and two people shared a bunk. In the later 9 days, he slept on a wooden board, sharing it with another inmate. He could hardly stretch out 36
his body straight. The prison cell had around 20 people. The lights of the Detention Centre were never turned off, not even at night for the inmates to sleep. On November 20, Yu was transferred to Beijing No.1 Detention Centre. He was kept in the West Area (death row) Cell 604 (formerly cell 104). There were a total of 12 prisoners, 4 of which were death prisoners, one stayed in the Public Security hospital and another six companion prisoner (inmates who accompany death prisoners). One was a Nigerian and one was Yu, who was called a political prisoner. The head of the prison told Yu, “Of the political prisoners who were sent to death row, 95% would compromise, otherwise they would be treated badly. I served here for eight years and never have I seen any unyielding political prisoners.” Yu was not allowed to speak with anyone else other than the head of the prison. The cell Yu was kept in did not have fresh food for 2 weeks and had a food control until 20 December. Thus, the prisoners had to “fight for the bread.” Yu was interrogated until 2-3am every night, even all night once. It amounted to 100 times in total. Also, he was asked to be on duty in the early morning washing clothes and dishes, even during the time when his hand was injured. 張俊杰 Zhang Junjie CV A lawyer who works in Henan Zhengzhou. Torture Experience Zhang Junjie was tortured on 21 March 2014. Three of his ribs were broken. Together with Wang Cheng, Zhang was dragged away from their hotel. Zhang requested their identity proof when he was packing his things. He was rejected with foul language and was dragged to the lift. The police grabbed his neck and pushed him into a car without any logo. Zhang and Wang were brought to an office with a sign board of “Daxing Public Security Bureau.” According to Zhang, he was beaten during the detention such that he suffered from “severe waist pain.” In the interrogation room, he was slapped 7-8 times by a man called Yu Wenbo. The police hit his head with water bottles. In addition, Zhang was kicked and hit brutally on the floor by two police for at least 3 minutes. He could only cover his head and kept yelling until other people came to the room. By the time others walked in, Zhang could not sit due to his waist pain. He felt that his waist had been broken. Afterwards, the Police threatened to criminally arrest and even kill him. They then covered Zhang and Wang’s head and 37
sent them to hospital. In the end, he was brought back to the detention centre and Zhang was forced to sign an administration penalty notice. 張凱 Zhang Kai CV Zhang Kai is a Beijing lawyer from the Beijing Yijia Firm. Torture Experience Zhang along with Li Chun Fu, another lawyer, were in Chongqing discussing the medical report on Falun Gong practitioner Jiang Shi Qing’s bizarre death in a labour camp with his sons Jiang Hong and Jiang Ping. On 13 May 2009, four policemen suddenly interrogated the two lawyers, demanding their identity cards. Li presented his lawyer’s card whilst Zhang presented his passport. The police barred the lawyers from leaving, claiming Zhang’s passport did not contain his identity card number. Despite the lawyers’ efforts to explain that Zhang had misplaced his identity card, the police paid no attention. Later in the evening, about twenty more police forcefully removed the lawyers and took them to a local police station. Zhang was forced to remove his shoes and belts and pushed into a cage, interrogated for half an hour with his hands tied up. His computer was checked and three interrogation records were written. The police threatened Zhang not to represent Jiang’s family along with Li. Zhang’s hands were bruised and hands numbed by the torture. The two lawyers were released at midnight and went to the hospital to have doctors exam their injuries. 張科科 Zhang Keke CV Zhang Keke was born in Hubei Tianmen in 1983. He graduated at Yangzhe Unviersity and passed the qualification test in 2008. He started his practice in the same year and is now working in Hubei Penglai Law Firm. Particularly, Zhang is devoted to welfare cases, especially those concerning human rights. While he mostly defend criminal cases, Zhang also 38
represented a labour rights case which appealed to the Wuhan Public Security Bureau. The local police even imposed martial law around the Court area. The criminal cases that Zhang handles mainly involve religious believers, especially Falun Gung members and Christians, to prevent them being suppressed by the Government. He also represented cases of political persecution, for example Liu Jiacai in Yichang and Huang Wenxun in Chibi. l
On 13 May, 2013, Zhang, together with a few lawyers, visited Ziyang Erehu Legal Education Centre in Sichuan province. The Centre was a black jail for Falun Gong members and their visitors. Zhang was also illegally detained by Ziyang Police for 24 hours. On 22 August 2013, the Hubei police threatened to revoke Zhang’s license due to his support for Xu Zhiyong. On 27 December, 2013, Zhang was beaten by 5 police officers in Xinfu District Police Station, Fushun, Liaoling province because of his representation in a Falun Gong case. On 10 June 2014, Zhang’s annual inspection was suspended because of his participation in religious cases as well as human rights activities. Such suspension was ordered by the Wuhan Department of Justice and Wuhan Lawyers’ Association. In order to pass his annual inspection, Zhang went on a hunger strike outside the Association. After his case was widely reported by the media, he finally passed the inspection.
Torture Experience During a visit to a legal education centre (a black jail) in Sichaun, Zhang and six other lawyers were surrounded and beaten up by several unidentified persons. The lawyers were subsequently detained in a local police station for over twelve hours for “obstructing officers in executing their duties.”
張培鴻 Zhang Peihong CV Zhang Peihong is a Shanghai lawyer from Yunnan, born in 1972. He was the head of the criminal defense department at the Yunnan Yuanye Law Firm, now practicing as a criminal defense lawyer at Shanghai Zhaijian Law Firm. He graduated from the Yunnan Normal University in 1994 with a diploma in Philosophy. Zhang taught in the Kunming University for five years and received praise from the Education Bureau. Due to his respect for freedom and rights, Zhang resigned from his teaching career and began his practice in 1999. He devoted himself to criminal defense, especially in legal analysis and court trials. Zhang published an article about “defense” and advocated for the abolition of Criminal Code article 306 in the 1991 Chinese Criminal Law seminar. October 2003, Zhang joined lawyer Zhaijian in raising the idea that a defendant should not bear the burden of proof. Torture Experience On 4 December 2013, the case of Liu Ping was heard in Jiang Xi. The lawyers were besieged and humiliated by about a hundred strangers outside the court. Zhang was beaten while the other lawyers were kicked and prevented from entering the court. The lawyers and their families’ Weibo accounts were banned from posting. 周澤 Zhou Ze CV Zhou Ze is a Beijing lawyer working in Beijing Wen Tian Law Firm. He studied Law at the China University of Political Science and Law from 1990 to 1994 as well as at Peking University from 2002-2004. In 2006, he was named “The Man of the Year fighting for Public Interest” by South Reviews. At the same time, People’s Daily, Xinhua.net, Chinacourt.org and China Central Television (International) chose him to be the annual “Top 10 figures in law”. Meanwhile, he received other titles, which are as follows: “Person pushing forward China” (China Youth Daily, 2006); “The Man of the Year” (The Economic Observer, Century Weekly) and “The Youth Leader of the Century” (Southern People Weekly, 2008).
Torture Experience On 16 October 2010, Zhou Ze and his friends visited the ruins of Wenchuan Yingxiu Secondary School to check the re-construction process. A young man requested that they leave and said there would be an official coming. Zhou’s friend immediately took a photo of the official when he came out. The man ordered him to delete the photo and Zhou complained against him. Several plainclothes police covered Zhou’s mouth, handcuffed him and dragged him away with force. Zhou tried to call the police but they refused to handle the complaint. After Zhou posted his experience on his blog, the relevant Public Security Bureau officials apologized to him. In 2011, Zhou was threatened twice by the police not to participate in the two cases or else he would be treated with violence and death. 朱宇飆 Zhu Yubiao CV Zhu Yubiao is a Guangdong lawyer who obtained his master’s degree in Law in Sun Yat-sen University. He was the first lawyer in Guangdong province to plead non-guilty for Falun Gong members. Therefore, he went through re-education through labour (laojiao), was sentenced, illegally detained and tortured. He was listed on the International Religious Freedom Report by United States Congress in 2012 and 2013 respectively. In 2007, because of his defense of Falun Gong members, Zhu was arrested by the Public Security Bureau and was sent to laojiao during which time he was tortured. After his release, the relevant bodies asked Zhu to sign a guarantee document that he would never participate in human rights cases or else his lawyer’s license would not be returned. Zhu was sentenced to two years in prison in 2010, right before the Asian Games in Guangzhou. According to Tang Jingling, the reason was likely because of Zhu’s representation in Falun Gong cases. The family strongly argued that this was a form of political persecution. After his release, he was sent to and detained in Sanshui Legal Centre in Guangdong Province. He went on a hunger strike for about a month and was in danger of dying.
Torture Experience In 2007, Zhu was abducted, beaten up and subsequently sentenced to eighteen months of re-education. In 2010, his house was illegally searched and he was consequently jailed for keeping Falun Gong related materials. In August 2012, two days before he was released, in order to force Zhu to renounce his faith, Zhu was taken away and tortured in a detention centre. He was forced to sit on the tiger bench; they tried to suffocate him by covering his face with a wet towel; he was not allowed to sleep; and they tried to drown him. During detention, he went on a hunger strike. In April 2013, he was finally released.
Videos in Support of Torture Victims from Lawyers around the World We will be uploading more videos from lawyers, stay tuned!
https://www.youtube.com/watch?v=-dGfS3Fplz8 Youtube Channel https://www.youtube.com/channel/UCodFKpx9MTwMBHir0xPTjSQ 43
United Nations Recommendations We have chosen the United Nations Recommendations that are related to the torture lawyers experienced. 21 November 2008 【 CAT/C/CHN/CO/4 】 United Nations Convention against Torture Committee 41st Session The Committee against Torture【China’s State Report】Concluding Observation (11- Widespread torture and ill-treatment and insufficient safeguards during detention) As part of this, the State party should implement effective measures promptly to ensure that all detained suspects are afforded, in practice, all fundamental legal safeguards during their detention. These include, in particular, the right to have access to a lawyer and an independent medical examination, to notify a relative, and to be informed of their rights at the time of detention, including about the charges laid against them, as well as to appear before a judge within a time limit in accordance with international standards. The State party should also ensure that all suspects under criminal investigation are registered. The State party should take the measures necessary to ensure that, both in legislation and in practice, statements that have been made under torture are not invoked as evidence in any proceedings, except against a person accused of torture, in accordance with the provisions of the Convention. The State party should review all cases in which persons were convicted on the basis of coerced confessions with a view to releasing those who were wrongly convicted. The State party should establish consistent and comprehensive standards for independent monitoring mechanisms of all places of detention, ensuring that anybody established, at the local or the national level, has a strong and impartial mandate and adequate resources.
(13- Administrative detention, including “re-education through labour”) The State party should immediately abolish all forms of administrative detention, including “reeducation through labour”. The State party should provide more information, including current statistics, on those currently subject to administrative detention, the reasons for their detention, the means of challenging such detention and the safeguards put in place to prevent torture and ill-treatment in RTL facilities.
(14-Secret detention centres) The State party should ensure that no one is detained in any secret detention facility. Detaining persons in such conditions constitutes, per se, 44
a violation of the Convention. The State party should investigate, disclose the existence of any such facilities and the authority under which they have been established and the manner in which detainees are treated, and make reparations to the victims of enforced disappearances where appropriate. (18- Harassment of defence lawyers) The State party should abolish any legal provisions which undermine the independence of lawyers and should investigate all attacks against lawyers and petitioners, with a view to prosecution as appropriate. The State party should take immediate action to investigate acts of intimidation and other ways of impeding the independent work of lawyers.
(19- Harassment and violence against human rights defenders and petitioners) The State party should abolish the use of unofficial personnel to harass human rights defenders, including lawyers and petitioners.
(20-lack of investigations) The State party should establish an effective and independent oversight mechanism to ensure prompt, impartial and effective investigation into all allegations of torture and ill-treatment.
(31-impunity and appropriate penalties for acts of torture) The State party should ensure that all allegations of torture and ill-treatment are investigated promptly, effectively and impartially. It should also ensure that all acts of torture are punishable by appropriate penalties which take into account their grave nature, as set out in article 4, paragraph 2, of the Convention. (35-Forced medical treatment) The State party should take measures to ensure that no one is involuntarily placed in psychiatric institutions for reasons other than medical. Where hospitalization is required for medical reasons, the State party should ensure that it is decided only upon the advice of independent psychiatric experts and that such decisions can be appealed.
(36-training of law-enforcement and medical personnel) The State party should intensify its efforts to reinforce and expand existing training programmes, including with non-governmental organizations, on the absolute prohibition of torture for law enforcement officers at all levels.