Link
August 23, 2009
China has released two prominent reform proponents in a twist following its recent crackdown on activists.
Xu Zhiyong, a law scholar and organiser of one of the country’s largest legal aid groups, who had been accused of tax evasion, and Zhuang Lu, his assistant, were released on bail on Sunday.
Ilham Tohti, an economist who belongs to the Uighur ethnic group and who was detained shortly after the July 5 riots in Urumqi, capital of the western region of Xinjiang, also returned home.
The detentions of Mr Xu and Mr Tohti drew widespread criticism because, although outspoken, both academics are committed to reform within the system.
Mr Xu’s lawyers say the charge of tax evasion lacks evidence but is connected to the fact that his non-government organisation, the Open Constitution Initiative, is registered as a company and has been accused of failing to pay its taxes properly.
China’s opaque legal system, where decisions in cases regarded as important or politically sensitive are frequently made by Communist party officials rather than judges, makes it hard to tell whether Mr Xu’s release lowers the risk of prosecution.
Li Xiongbing, a lawyer working with the Open Constitution Initiative, said he believed that it was now much less likely that Mr Xu would be indicted. But Zhou Ze, one of Mr Xu’s lawyers, said: “We don’t know what will happen to the case.”
The authorities' unusual move indicates that the government is seeking to avoid unnecessary damage to its reputation from the recent crackdown.
Mr Xu had been taken from his home by police on July 29, but his employer had only received notice of his formal arrest on charges of tax evasion last Monday.
The Open Constitution Initiative was closed last month after tax authorities fined the group Rmb1.4m ($205,000, €143,000, £124,000), saying it had failed to pay its taxes. Many non-governmental groups in China choose to register as enterprises to avoid the difficulties of getting official approval as an NGO. This imposes a heavier tax burden on them and makes them vulnerable to accusations on accounting errors.
Mr Xu rose to prominence for his fight against detention without a legal basis and other cases where the state violates or fails to protect an individual’s rights.
Lawyers working with the Open Constitution Initiative have tried to sue for compensation on behalf of parents of children who died or fell ill from melamine-tainted milk powder.
If found guilty of tax evasion, Mr Xu could face a sentence of up to seven years.
Mr Tohti was detained the week after the July 5 race riots that killed close to 200 people, most of them members of the majority Han group, according to the government.
He has done consultancy work for the government before. On his blog, he had criticised the government’s economic and social policies in Xinjiang, the Uighur minority’s home region.
Showing posts with label kathrin hille. Show all posts
Showing posts with label kathrin hille. Show all posts
Sunday, August 23, 2009
Tuesday, August 18, 2009
"Chinese activist arrested for tax evasion" by Kathrin Hille, The Financial Times
Link
August 18, 2009
Xu Zhiyong, a Chinese legal scholar and aid campaigner, has been formally arrested on tax evasion charges, in the latest step in Beijing’s crackdown on legal activists.
Beijing University of Posts and Telecommunications, where Mr Xu teaches law, was notified of his official arrest, said Zhou Ze, Mr Xu’s lawyer. “This letter was received,” said a colleague of Mr Xu’s who asked not to be identified.
Under China’s opaque legal system, it is unclear whether Mr Xu will be prosecuted. But his formal arrest makes it more likely that he will go to trial. As a leading proponent of legal reform in China, his case could serve as a test for how committed Beijing is to continue developing the rule of law.
Mr Xu was taken away from his home at dawn on July 29 shortly after the government closed down the Open Constitution Initiative, a non-governmental group co-founded and run by him which provides legal assistance in public interest cases.
The centre was closed after the authorities fined the group Rmb1.4m, saying it had failed to pay its taxes. Mr Xu’s detention came a day before he was due for a hearing on that case.
Mr Xu became widely known in 2003 when he campaigned against China’s extralegal detention of people staying in a city they lack a residential permit for. Mr Xu called upon the National People’s Congress, China’s parliament, to check whether the system was constitutional after Sun Zhigang, a university graduate, died following a beating while in police custody. Later that year, that form of detention was abolished.
Since then, Mr Xu has taken on numerous public interest cases. Most recently, his centre’s lawyers represented parents of children who died or fell ill after consuming melamine-tainted milk powder.
If found guilty of tax evasion, Mr Xu could face a sentence of up to seven years. Lawyers working with the centre said the tax evasion charges were part of Beijing’s broader attempt to harass activist lawyers and legal aid groups.
Open Constitution was set up as a company because aid groups that try to register as nonprofits often face insurmountable administrative hurdles in China. However, the alternative exposes them to government demands to declare tax as a for-profit business.
Earlier this month, centre organizers called for public donations and tried to settle the fine. However, they said this proved difficult because tax authorities refused to issue necessary paperwork and the bank accounts of the centre and Mr Xu were frozen.
Mr Zhou said he was allowed to visit Mr Xu late last week in a Beijing detention facility where Mr Xu remained as of Tuesday.
August 18, 2009
Xu Zhiyong, a Chinese legal scholar and aid campaigner, has been formally arrested on tax evasion charges, in the latest step in Beijing’s crackdown on legal activists.
Beijing University of Posts and Telecommunications, where Mr Xu teaches law, was notified of his official arrest, said Zhou Ze, Mr Xu’s lawyer. “This letter was received,” said a colleague of Mr Xu’s who asked not to be identified.
Under China’s opaque legal system, it is unclear whether Mr Xu will be prosecuted. But his formal arrest makes it more likely that he will go to trial. As a leading proponent of legal reform in China, his case could serve as a test for how committed Beijing is to continue developing the rule of law.
Mr Xu was taken away from his home at dawn on July 29 shortly after the government closed down the Open Constitution Initiative, a non-governmental group co-founded and run by him which provides legal assistance in public interest cases.
The centre was closed after the authorities fined the group Rmb1.4m, saying it had failed to pay its taxes. Mr Xu’s detention came a day before he was due for a hearing on that case.
Mr Xu became widely known in 2003 when he campaigned against China’s extralegal detention of people staying in a city they lack a residential permit for. Mr Xu called upon the National People’s Congress, China’s parliament, to check whether the system was constitutional after Sun Zhigang, a university graduate, died following a beating while in police custody. Later that year, that form of detention was abolished.
Since then, Mr Xu has taken on numerous public interest cases. Most recently, his centre’s lawyers represented parents of children who died or fell ill after consuming melamine-tainted milk powder.
If found guilty of tax evasion, Mr Xu could face a sentence of up to seven years. Lawyers working with the centre said the tax evasion charges were part of Beijing’s broader attempt to harass activist lawyers and legal aid groups.
Open Constitution was set up as a company because aid groups that try to register as nonprofits often face insurmountable administrative hurdles in China. However, the alternative exposes them to government demands to declare tax as a for-profit business.
Earlier this month, centre organizers called for public donations and tried to settle the fine. However, they said this proved difficult because tax authorities refused to issue necessary paperwork and the bank accounts of the centre and Mr Xu were frozen.
Mr Zhou said he was allowed to visit Mr Xu late last week in a Beijing detention facility where Mr Xu remained as of Tuesday.
Subscribe to:
Posts (Atom)
