Link
August 23, 2009
BEIJING — Chinese authorities unexpectedly released three political activists from detention on Sunday, including one whose case had drawn global attention.
Officials offered no reason for the releases, but they occurred one day after the new American ambassador to China, former Gov. Jon M. Huntsman Jr. of Utah, arrived in Beijing.
The government did not say whether it had also suspended criminal tax-evasion charges made last week against the most prominent of the freed men, Xu Zhiyong, a public-interest lawyer, that could result in a prison sentence of seven years were he to be convicted.
The prosecution of Mr. Xu in particular has attracted scrutiny abroad because of his role in other cases that are seen as a test of the Chinese legal system’s fairness. Mr. Xu, 36, and a co-worker, Zhuang Lu, were released more than three weeks after they were seized in their homes on July 29. The authorities also shut down Mr. Xu’s Gongmeng legal center, also known as the Open Constitution Initiative, from which Mr. Xu and others had taken on cases against government authorities.
Recently, Mr. Xu’s center represented parents whose children were sickened by chemical-tainted milk, a regulatory scandal that embarrassed the government and led to the collapse of one of the nation’s biggest dairy companies.
In a separate case, Beijing authorities also released Ilham Tohti, an economist, Internet activist and ethnic Uighur detained after deadly riots erupted in the western Xinjiang region in early July.
Mr. Tohti, 39, ran a Web site called Uighur Online, a popular forum for ethnic Uighurs, who live mostly in Xinjiang, to discuss issues important to them. After the July rioting, Xinjiang’s governor, Nur Bekri, charged that the site had helped foment the violence by spreading rumors. The Web site has since been closed.
The government has accused Mr. Xu of evading taxes on a $100,000 grant that Yale University gave the Gongmeng center for legal programs. The charges are widely regarded by outsiders as punishment for Mr. Xu’s advocacy of the rule of law.
China’s court system is controlled by the ruling Communist Party, and legal decisions — especially in cases with important political or social ramifications — are often regarded as skirting written law to reflect the dictates of party officials.
The accusation against Mr. Xu was filed during a general crackdown by Chinese authorities on independent activists, and particularly on those activists who receive financing from foreign sources. In a recent speech, China’s justice minister warned lawyers that their primary duty was to support the Communist Party and promote a “harmonious society,” and said that party minders would be sent to law firms to enforce that doctrine.
China scholars and political analysts have speculated for months about whether the crackdown is temporary, perhaps linked to government concerns about disruption of the October celebration of the 60th anniversary of modern China’s founding, or whether it is part of a broader and longer-lasting effort to curtail free speech.
Mr. Xu’s detention and later arrest have surprised many here because his Gongmeng center is regarded as among the most cautious and conservative of China’s small band of public-interest organizations.
While the center has pursued some high-profile cases, it has been careful to work within the parameters of Chinese law and to focus on helping Chinese citizens secure already recognized legal rights.
Showing posts with label tax evasion. Show all posts
Showing posts with label tax evasion. Show all posts
Sunday, August 23, 2009
UPDATE ON RELEASE: "China releases reform activists," by Kathrin Hille, The Financial Times
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.
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.
UPDATE ON RELEASE: "Beijing Frees Jailed Activist Xu Zhiyong," by Sky Canaves, The Wall Street Journal
Link
August 23, 2009
BEIJING -- Chinese authorities unexpectedly freed from jail a prominent legal activist on Sunday after an increasingly vocal campaign against his detention by China's growing ranks of citizen activists.
Xu Zhiyong, a co-founder of the now shuttered legal-research and advocacy group, the Open Constitution Initiative, was taken from his home by police before dawn on July 29 and formally arrested for tax evasion three weeks later. The Beijing tax bureau had ordered the OCI to pay 1.4 million yuan (about $200,000) in back taxes on contributions, including hefty fines, a decision Mr. Xu was trying to appeal before he was detained.
Human-rights groups and legal experts said the tax charges were a pretext for jailing Mr. Xu and shutting down the group, which represented families of children sickened during last year's melamine-tainted-milk scandal, and also advocated against illegal detentions.
Mr. Xu said he didn't know the reason for his sudden release, but the public campaign "definitely could have had an influence." Speaking by phone, he said Zhuang Lu, another OCI staffer detained around the same time, also was released Sunday. Still, Mr. Xu said he might yet face prosecution.
Chinese Internet censors blocked Mr. Xu's name from search engines in mainland China. But activists managed to launch a campaign, largely online, to focus attention on the case.
The movement shows an "increasing awareness of the important role of law in society," says Li Fangping, one of Mr. Xu's lawyers.
After the OCI's Web site was shut down, other members of the group, a loose association of lawyers, academics and volunteers, relaunched the site on a server outside mainland China. Through Aug. 13, its online campaign had raised almost 850,000 yuan from mainland citizens to help pay the fines.
Another coalition, including bloggers and college students, started an offshore Web site dedicated to Mr. Xu's defense, www.WeZhiyong.org. Slogans on the site read, "Anyone can be Xu Zhiyong" and "tens of thousands of Zhiyongs are not in jail, but they are on the road to jail."
Joshua Rosenzweig, a senior researcher with the U.S.-based human-rights group Duihua Foundation, said Mr. Xu's release on bail indicated that authorities were treating him differently from political dissidents, who often are charged with more serious crimes of subversion.
"It shows the difference between this kind of case and a purely political case," Mr. Rosenzweig said. "Xu Zhiyong is not a dissident, unless you really stretch the definition of dissident."
Mr. Rosenzweig said the rare use of bail shows that the authorities "might be wavering" over Mr. Xu's case, although he doesn't rule out tax evasion and other charges.
The campaign for Mr. Xu attracted unusually wide support. "Many people who seldom talk about politics have come out" in support of Mr. Xu, says Jean Yim, a Ph.D. student in the sociology department at the University of Hong Kong. Ms. Yim and a friend organized a talk on Mr. Xu's case in Hong Kong on Saturday, which they made available to Internet users in mainland China via Twitter, and through video and audio files.
One computer programmer, who normally sells tech-geek-themed T-shirts on China's largest online shopping platform, Taobao.com, said he was moved by the unfair treatment of Mr. Xu to create an iron-on badge to sell to supporters, with all proceeds going toward Mr. Xu's legal defense. The programmer, who declined to be identified, said he had sold about 200 badges reading "Xu Zhiyong, True Man" before his Taobao account was suspended on Aug. 20 for selling prohibited items.
Wen Yunchao, a blogger from Guangzhou, urged people to send postcards to Mr. Xu's detention center calling for his release. Last month, Mr. Wen organized a similar postcard campaign on behalf of a fellow blogger detained by police in eastern China. The blogger was released after two weeks, though Mr. Wen says it is difficult to say whether the postcards had any direct impact on the outcome.
"What's important is for people to become aware and to participate," says Mr. Wen. "This promotes civil society."
August 23, 2009
BEIJING -- Chinese authorities unexpectedly freed from jail a prominent legal activist on Sunday after an increasingly vocal campaign against his detention by China's growing ranks of citizen activists.
Xu Zhiyong, a co-founder of the now shuttered legal-research and advocacy group, the Open Constitution Initiative, was taken from his home by police before dawn on July 29 and formally arrested for tax evasion three weeks later. The Beijing tax bureau had ordered the OCI to pay 1.4 million yuan (about $200,000) in back taxes on contributions, including hefty fines, a decision Mr. Xu was trying to appeal before he was detained.
Human-rights groups and legal experts said the tax charges were a pretext for jailing Mr. Xu and shutting down the group, which represented families of children sickened during last year's melamine-tainted-milk scandal, and also advocated against illegal detentions.
Mr. Xu said he didn't know the reason for his sudden release, but the public campaign "definitely could have had an influence." Speaking by phone, he said Zhuang Lu, another OCI staffer detained around the same time, also was released Sunday. Still, Mr. Xu said he might yet face prosecution.
Chinese Internet censors blocked Mr. Xu's name from search engines in mainland China. But activists managed to launch a campaign, largely online, to focus attention on the case.
The movement shows an "increasing awareness of the important role of law in society," says Li Fangping, one of Mr. Xu's lawyers.
After the OCI's Web site was shut down, other members of the group, a loose association of lawyers, academics and volunteers, relaunched the site on a server outside mainland China. Through Aug. 13, its online campaign had raised almost 850,000 yuan from mainland citizens to help pay the fines.
Another coalition, including bloggers and college students, started an offshore Web site dedicated to Mr. Xu's defense, www.WeZhiyong.org. Slogans on the site read, "Anyone can be Xu Zhiyong" and "tens of thousands of Zhiyongs are not in jail, but they are on the road to jail."
Joshua Rosenzweig, a senior researcher with the U.S.-based human-rights group Duihua Foundation, said Mr. Xu's release on bail indicated that authorities were treating him differently from political dissidents, who often are charged with more serious crimes of subversion.
"It shows the difference between this kind of case and a purely political case," Mr. Rosenzweig said. "Xu Zhiyong is not a dissident, unless you really stretch the definition of dissident."
Mr. Rosenzweig said the rare use of bail shows that the authorities "might be wavering" over Mr. Xu's case, although he doesn't rule out tax evasion and other charges.
The campaign for Mr. Xu attracted unusually wide support. "Many people who seldom talk about politics have come out" in support of Mr. Xu, says Jean Yim, a Ph.D. student in the sociology department at the University of Hong Kong. Ms. Yim and a friend organized a talk on Mr. Xu's case in Hong Kong on Saturday, which they made available to Internet users in mainland China via Twitter, and through video and audio files.
One computer programmer, who normally sells tech-geek-themed T-shirts on China's largest online shopping platform, Taobao.com, said he was moved by the unfair treatment of Mr. Xu to create an iron-on badge to sell to supporters, with all proceeds going toward Mr. Xu's legal defense. The programmer, who declined to be identified, said he had sold about 200 badges reading "Xu Zhiyong, True Man" before his Taobao account was suspended on Aug. 20 for selling prohibited items.
Wen Yunchao, a blogger from Guangzhou, urged people to send postcards to Mr. Xu's detention center calling for his release. Last month, Mr. Wen organized a similar postcard campaign on behalf of a fellow blogger detained by police in eastern China. The blogger was released after two weeks, though Mr. Wen says it is difficult to say whether the postcards had any direct impact on the outcome.
"What's important is for people to become aware and to participate," says Mr. Wen. "This promotes civil society."
UPDATE ON RELEASE: "Campaigning lawyer Xu Zhiyong released after arrest for tax evasion," by Jane Macartney, The Times
Link
August 23, 2009
In an unusual departure by a judicial system that rarely sets free anyone taken into detention, the authorities today released one of China’s most pioneering advocates of legal rights only days after his formal arrest for tax evasion.
The detention around three weeks ago and arrest last week of lawyer Xu Zhiyong had been seen as part of a campaign by the Communist Party authorities to stifle dissent before the 60th anniversary on October 1 of the founding of Communist rule.
Speaking to The Times, the lawyer said: “I am really not clear as to why I have been released. It is still possible that I will face formal charges.”
The lawyer, whose clients have ranged from death-row clients to parents of babies who died or fell ill after drinking tainted milk powder last year, said: “Right now I feel incredibly moved by everything that has happened. I want to thank everyone who has worried about me since I was detained.”
Mr Xu, 36, is one of the most dogged human-rights lawyers in China and was taken from his home at dawn about three weeks ago after a crackdown on a non-governmental organisation that he co-founded to advance legal rights.
He said that his detention and arrest, which could still bring to an end one of the most brilliant legal careers in China if charges are filed, had not come as a complete surprise. “I had felt before that it was possible I could be arrested.”
Mr Xu may have expected to have been arrested for his legal work rather than for tax evasion.
Last month, government officials closed Gongmeng, also known as the Open Constitution Initiative, his legal aid and research group. The organisation worked on public interest law, addressing issues such as death penalty cases and the existence of unofficial "black jails".
Most recently, Gongmeng lawyers represented parents whose children fell ill last year after drinking milk contaminated with the chemical melamine. The tainted milk was blamed for the deaths of six babies and made nearly 300,000 other children ill.
The centre's closure came after the tax authorities said that the group faced a fine of 1.4 million yuan (£140,000) for failing to pay taxes. Mr Xu had been scheduled to meet tax officials on July 30, the day after he was detained. Colleagues say that formal notification of the unpaid taxes has yet to be issued, meaning that his arrest was a violation of due process.
The incarceration of Mr Xu had come amid a nationwide crackdown on activist lawyers and non-governmental organisations. The legal activist is prominent not only as a lawyer but as one of the few elected members of a Beijing district branch of the National People’s Congress (parliament). Representatives of Gongmeng have paid back about 700,000 yuan. Under Chinese law if the taxes are repaid a defendant can face only civil and not criminal charges.
Mr Xu gained prominence in 2003 with the landmark Sun Zhigang case in which a 27-year-old university graduate died after being beaten in police custody. Mr Sun had been detained under an extrajudicial system called custody and repatriation that gave police virtually unlimited authority to hold anyone if they did not have a residence permit for that area.
Mr Xu and fellow legal scholars petitioned the National People's Congress, questioning the constitutionality of the system, which was abolished later that year.
He faces a maximum seven-year sentence if formally charged with tax evasion.
August 23, 2009
In an unusual departure by a judicial system that rarely sets free anyone taken into detention, the authorities today released one of China’s most pioneering advocates of legal rights only days after his formal arrest for tax evasion.
The detention around three weeks ago and arrest last week of lawyer Xu Zhiyong had been seen as part of a campaign by the Communist Party authorities to stifle dissent before the 60th anniversary on October 1 of the founding of Communist rule.
Speaking to The Times, the lawyer said: “I am really not clear as to why I have been released. It is still possible that I will face formal charges.”
The lawyer, whose clients have ranged from death-row clients to parents of babies who died or fell ill after drinking tainted milk powder last year, said: “Right now I feel incredibly moved by everything that has happened. I want to thank everyone who has worried about me since I was detained.”
Mr Xu, 36, is one of the most dogged human-rights lawyers in China and was taken from his home at dawn about three weeks ago after a crackdown on a non-governmental organisation that he co-founded to advance legal rights.
He said that his detention and arrest, which could still bring to an end one of the most brilliant legal careers in China if charges are filed, had not come as a complete surprise. “I had felt before that it was possible I could be arrested.”
Mr Xu may have expected to have been arrested for his legal work rather than for tax evasion.
Last month, government officials closed Gongmeng, also known as the Open Constitution Initiative, his legal aid and research group. The organisation worked on public interest law, addressing issues such as death penalty cases and the existence of unofficial "black jails".
Most recently, Gongmeng lawyers represented parents whose children fell ill last year after drinking milk contaminated with the chemical melamine. The tainted milk was blamed for the deaths of six babies and made nearly 300,000 other children ill.
The centre's closure came after the tax authorities said that the group faced a fine of 1.4 million yuan (£140,000) for failing to pay taxes. Mr Xu had been scheduled to meet tax officials on July 30, the day after he was detained. Colleagues say that formal notification of the unpaid taxes has yet to be issued, meaning that his arrest was a violation of due process.
The incarceration of Mr Xu had come amid a nationwide crackdown on activist lawyers and non-governmental organisations. The legal activist is prominent not only as a lawyer but as one of the few elected members of a Beijing district branch of the National People’s Congress (parliament). Representatives of Gongmeng have paid back about 700,000 yuan. Under Chinese law if the taxes are repaid a defendant can face only civil and not criminal charges.
Mr Xu gained prominence in 2003 with the landmark Sun Zhigang case in which a 27-year-old university graduate died after being beaten in police custody. Mr Sun had been detained under an extrajudicial system called custody and repatriation that gave police virtually unlimited authority to hold anyone if they did not have a residence permit for that area.
Mr Xu and fellow legal scholars petitioned the National People's Congress, questioning the constitutionality of the system, which was abolished later that year.
He faces a maximum seven-year sentence if formally charged with tax evasion.
***UPDATE: XU ZHIYONG FREED ON BAIL ACCORDING TO AP, VOICE OF AMERICA***
Link to Associated Press Story
Link to Voice of America Story
August 23, 2009
China legal activist freed, but may face tax case
By JOE MCDONALD (AP) – 4 hours ago
BEIJING — An activist Chinese lawyer who was detained in a possible crackdown on dissent ahead of October's 60th anniversary of Communist rule was released Sunday, but he said authorities were investigating possible tax charges against him.
Xu Zhiyong co-founded a Beijing legal aid group that has tackled some of China's most politically sensitive cases, most recently representing parents of children sickened last year by chemical-tainted milk. Xu was detained July 29 and formally arrested Aug. 12 on charges of evading taxes.
Xu has been at the forefront of legal reform and public interest law in China, and has been a visiting scholar at Yale Law School in the United States several times.
He said he did not know whether authorities would proceed with a tax evasion case against his group, Gongmeng, or the Open Constitution Initiative.
"It is difficult to say," Xu told The Associated Press by telephone. He declined to give other details of his case or his detention.
His lawyer, Zhou Ze, said the case has yet to be sent to prosecutors.
"I think the tax evasion charge does not hold water," Zhou said. "We need to wait and see what will happen next."
Beijing appears to be trying to stifle possible dissent ahead of the Communist Party's celebration of its 60th anniversary in power Oct. 1.
In July, the government revoked the licenses of 53 lawyers in Beijing, many of them known for handling human rights and other sensitive cases.
Gongmeng was shut down in mid-July, and the Beijing tax bureau fined it 1.4 million yuan ($206,000) for failing to pay taxes.
Zhou said the case might involve accusations of failing to pay up to 200,000 yuan ($29,000) in taxes, but he said authorities have given no details.
Gongmeng lawyers represented parents in last year's tainted milk scandal. Six babies died and nearly 300,000 other children were sickened. The scandal led to an overhaul of China's dairy industry, but the government tried to block parents and activists from publicizing information about illnesses and complaints about authorities.
---
China Releases Prominent Human Rights Lawyer on Bail
By VOA News
23 August 2009
A leading Chinese human rights lawyer says he was released from detention Sunday, but still might face prosecution on charges of tax evasion.
Xu Zhiyong, co-founder of a legal-aid group known as the Open Constitution Initiative or Gongmeng, had been out of contact since security officials seized him from his home on July 29. He was formally arrested last Tuesday on charges of tax evasion.
Xu said Sunday he was released on bail pending trial.
Chinese authorities shut down the legal rights center more than a month ago for alleged nonpayment of taxes. Members of the group reported nearly two weeks later that Xu had been detained by police, and that they could not contact him.
The group has helped victims of China's tainted-milk scandal and offered assistance in human-rights cases. It also has issued a report criticizing the Chinese government's policies toward Tibet.
Rights groups say the latest developments are part of a widening crackdown on lawyers, rights activists and non-governmental organizations ahead of the 60th anniversary of the Chinese communist state.
Preparations are under way for a huge official celebration of the anniversary on October 1. Rights activists expect the government will try to prevent any public demonstration of dissent during the festivities.
China recently revoked the licenses of 53 Beijing lawyers, most of them prominent human-rights advocates. Amnesty International has condemned the crackdown on lawyers as a major blow to the human-rights defense movement in China.
In a widely quoted statement earlier this year, Xu said his Gongmeng group aims to help build the rule of law and advance Chinese society by objectively and independently studying human-rights protections, the situation in Tibet and other issues.
One of the government's main charges against Xu's group alleges that no taxes were paid on a $100,000 grant the Open Constitution Initiative received from Yale University. Xu has been a visiting scholar at Yale Law School on several occasions.
Link to Voice of America Story
August 23, 2009
China legal activist freed, but may face tax case
By JOE MCDONALD (AP) – 4 hours ago
BEIJING — An activist Chinese lawyer who was detained in a possible crackdown on dissent ahead of October's 60th anniversary of Communist rule was released Sunday, but he said authorities were investigating possible tax charges against him.
Xu Zhiyong co-founded a Beijing legal aid group that has tackled some of China's most politically sensitive cases, most recently representing parents of children sickened last year by chemical-tainted milk. Xu was detained July 29 and formally arrested Aug. 12 on charges of evading taxes.
Xu has been at the forefront of legal reform and public interest law in China, and has been a visiting scholar at Yale Law School in the United States several times.
He said he did not know whether authorities would proceed with a tax evasion case against his group, Gongmeng, or the Open Constitution Initiative.
"It is difficult to say," Xu told The Associated Press by telephone. He declined to give other details of his case or his detention.
His lawyer, Zhou Ze, said the case has yet to be sent to prosecutors.
"I think the tax evasion charge does not hold water," Zhou said. "We need to wait and see what will happen next."
Beijing appears to be trying to stifle possible dissent ahead of the Communist Party's celebration of its 60th anniversary in power Oct. 1.
In July, the government revoked the licenses of 53 lawyers in Beijing, many of them known for handling human rights and other sensitive cases.
Gongmeng was shut down in mid-July, and the Beijing tax bureau fined it 1.4 million yuan ($206,000) for failing to pay taxes.
Zhou said the case might involve accusations of failing to pay up to 200,000 yuan ($29,000) in taxes, but he said authorities have given no details.
Gongmeng lawyers represented parents in last year's tainted milk scandal. Six babies died and nearly 300,000 other children were sickened. The scandal led to an overhaul of China's dairy industry, but the government tried to block parents and activists from publicizing information about illnesses and complaints about authorities.
---
China Releases Prominent Human Rights Lawyer on Bail
By VOA News
23 August 2009
A leading Chinese human rights lawyer says he was released from detention Sunday, but still might face prosecution on charges of tax evasion.
Xu Zhiyong, co-founder of a legal-aid group known as the Open Constitution Initiative or Gongmeng, had been out of contact since security officials seized him from his home on July 29. He was formally arrested last Tuesday on charges of tax evasion.
Xu said Sunday he was released on bail pending trial.
Chinese authorities shut down the legal rights center more than a month ago for alleged nonpayment of taxes. Members of the group reported nearly two weeks later that Xu had been detained by police, and that they could not contact him.
The group has helped victims of China's tainted-milk scandal and offered assistance in human-rights cases. It also has issued a report criticizing the Chinese government's policies toward Tibet.
Rights groups say the latest developments are part of a widening crackdown on lawyers, rights activists and non-governmental organizations ahead of the 60th anniversary of the Chinese communist state.
Preparations are under way for a huge official celebration of the anniversary on October 1. Rights activists expect the government will try to prevent any public demonstration of dissent during the festivities.
China recently revoked the licenses of 53 Beijing lawyers, most of them prominent human-rights advocates. Amnesty International has condemned the crackdown on lawyers as a major blow to the human-rights defense movement in China.
In a widely quoted statement earlier this year, Xu said his Gongmeng group aims to help build the rule of law and advance Chinese society by objectively and independently studying human-rights protections, the situation in Tibet and other issues.
One of the government's main charges against Xu's group alleges that no taxes were paid on a $100,000 grant the Open Constitution Initiative received from Yale University. Xu has been a visiting scholar at Yale Law School on several occasions.
Friday, August 21, 2009
"Assistant to pioneering Chinese rights lawyer 'disappears'" by Tania Branigan, The Guardian
Link
August 21, 2009
Office worker for Xu Zhiyong, who himself faces trial for tax evasion, has not been seen for three weeks.
Almost no one in China has heard of Zhuang Lu, which is hardly surprising. Plainly dressed and introverted, the 27-year-old office assistant completed her mundane daily tasks – booking tickets, paying bills – with minimum fuss. Then, three weeks ago, she disappeared.
Family and colleagues believe she is being held in a detention house in Beijing. Like her boss Xu Zhiyong, a prominent human rights lawyer who has fought a string of high-profile cases, she was taken from her home at dawn on 29 July by security officials. But unlike Xu's detention, which has made headlines internationally, her disappearance has gone unnoticed outside her immediate circle.
"Information about her has always been out. But because the main focus has been on Xu, not many people have noticed her case," said their colleague Yang Huawei.
Xu – who was formally arrested for tax evasion this week – is well known for his tenacious pursuit of sensitive cases such as deaths in custody. Shortly before his disappearance he was featured in Chinese Esquire. He co-founded the legal organisation Gongmeng, also known as the Open Constitution Initiative, which has helped the families of children made ill by tainted baby milk powder and issued a report criticising the handling of demonstrations in Tibetan areas.
In comparison, Zhuang's work at Gongmeng was essential but inconspicuous - the administrative grind without which no organisation can run. She is "thin and small, plainly-dressed, introverted, not talkative," wrote Teng Biao, another of the founders.
But though she appeared vulnerable to Teng, "one thing proved that she was not weak and maybe that is the most shining thing she did [at] Gongmeng," he added.
"In 2008, when summer was replacing spring, she was invited by police for a cup of tea. The national security people asked her to report on our work to them and told her that she would benefit. But Zhuang Lu refused. She told us about it. She had the courage and [they] must have been very angry and we are not sure whether today's 'serious result' has anything to do with them or not."
In his blog posting – since erased by censors – he described how she wept when officials came to shut the Gongmeng legal centre in mid-July.
"Such a gentle and honest girl was kidnapped by Big Brother without any legal justification," he added.
Xu's case comes amid a crackdown on activist lawyers. Zhuang's shows how others can be drawn into such investigations.
"I guess it is possible that they took her in the hope of getting some testimony from her against Xu," Teng told the Guardian.
Nicholas Bequelin, Asia researcher for Human Rights Watch, describes that as "standard operating procedure".
"It is also, of course, a way of putting pressure on Xu, because he is responsible not only for himself. Police like to make threats about consequences for relatives and people around [detainees] and he doesn't have family," Bequelin added.
"This is scaring people who work for NGOs. They are thinking it's not only the boss who can be taken away; officials can also go for the 'small' people."
Zhuang and Xu were due to meet the tax bureau on the day they disappeared. Gongmeng's problems began when authorities slapped a 1.2m yuan (£100,000) fine for unpaid taxes on it last month. Its founders say it paid slightly late but in full and points out that the penalty is five times larger than the tax bill. Staff who tried to pay off some of the fine after Xu's detention were told they could not do so because he had not signed papers to appoint them as legal representatives.
Xu has now been formally arrested, allowing him access to lawyers, but Zhuang is still in limbo. Staff at the detention centre where she is thought to be held told the Guardian they were too busy to speak when asked about her case.
Zhuang's father, who rushed to the capital when he heard of her detention, has returned home to southern China without authorising lawyers to act for her. Now, like her colleagues, he waits anxiously for her return.
August 21, 2009
Office worker for Xu Zhiyong, who himself faces trial for tax evasion, has not been seen for three weeks.
Almost no one in China has heard of Zhuang Lu, which is hardly surprising. Plainly dressed and introverted, the 27-year-old office assistant completed her mundane daily tasks – booking tickets, paying bills – with minimum fuss. Then, three weeks ago, she disappeared.
Family and colleagues believe she is being held in a detention house in Beijing. Like her boss Xu Zhiyong, a prominent human rights lawyer who has fought a string of high-profile cases, she was taken from her home at dawn on 29 July by security officials. But unlike Xu's detention, which has made headlines internationally, her disappearance has gone unnoticed outside her immediate circle.
"Information about her has always been out. But because the main focus has been on Xu, not many people have noticed her case," said their colleague Yang Huawei.
Xu – who was formally arrested for tax evasion this week – is well known for his tenacious pursuit of sensitive cases such as deaths in custody. Shortly before his disappearance he was featured in Chinese Esquire. He co-founded the legal organisation Gongmeng, also known as the Open Constitution Initiative, which has helped the families of children made ill by tainted baby milk powder and issued a report criticising the handling of demonstrations in Tibetan areas.
In comparison, Zhuang's work at Gongmeng was essential but inconspicuous - the administrative grind without which no organisation can run. She is "thin and small, plainly-dressed, introverted, not talkative," wrote Teng Biao, another of the founders.
But though she appeared vulnerable to Teng, "one thing proved that she was not weak and maybe that is the most shining thing she did [at] Gongmeng," he added.
"In 2008, when summer was replacing spring, she was invited by police for a cup of tea. The national security people asked her to report on our work to them and told her that she would benefit. But Zhuang Lu refused. She told us about it. She had the courage and [they] must have been very angry and we are not sure whether today's 'serious result' has anything to do with them or not."
In his blog posting – since erased by censors – he described how she wept when officials came to shut the Gongmeng legal centre in mid-July.
"Such a gentle and honest girl was kidnapped by Big Brother without any legal justification," he added.
Xu's case comes amid a crackdown on activist lawyers. Zhuang's shows how others can be drawn into such investigations.
"I guess it is possible that they took her in the hope of getting some testimony from her against Xu," Teng told the Guardian.
Nicholas Bequelin, Asia researcher for Human Rights Watch, describes that as "standard operating procedure".
"It is also, of course, a way of putting pressure on Xu, because he is responsible not only for himself. Police like to make threats about consequences for relatives and people around [detainees] and he doesn't have family," Bequelin added.
"This is scaring people who work for NGOs. They are thinking it's not only the boss who can be taken away; officials can also go for the 'small' people."
Zhuang and Xu were due to meet the tax bureau on the day they disappeared. Gongmeng's problems began when authorities slapped a 1.2m yuan (£100,000) fine for unpaid taxes on it last month. Its founders say it paid slightly late but in full and points out that the penalty is five times larger than the tax bill. Staff who tried to pay off some of the fine after Xu's detention were told they could not do so because he had not signed papers to appoint them as legal representatives.
Xu has now been formally arrested, allowing him access to lawyers, but Zhuang is still in limbo. Staff at the detention centre where she is thought to be held told the Guardian they were too busy to speak when asked about her case.
Zhuang's father, who rushed to the capital when he heard of her detention, has returned home to southern China without authorising lawyers to act for her. Now, like her colleagues, he waits anxiously for her return.
Thursday, August 20, 2009
"Release Xu Zhiyong And Others," by Voice of America
Link
August 20, 2009
China continues to crack down on prominent lawyers and human rights activists and NGOs affiliated with them. Most recently, prosecutors have charged one of China's leading public interest lawyers, Xu Zhiyong, with tax evasion. If convicted, he could face 7 years in prison.
Mr. Xu, 36, is a founder of the Open Constitution Initiative, a nonprofit group that often takes on high-profile cases involving ordinary citizens' civil rights. It has challenged China's so-called "black jails," the illegal detention centers some local officials have reportedly used to detain and intimidate petitioning citizens.
The organization has also campaigned for the rights of migrant workers and death-row inmates, and helped parents of babies poisoned during last year's tainted milk scandal seek legal redress. The Chinese government shut down the Open Constitution Initiative center on July 17th and police arrested Mr. Xu on July 29th.
Many observers say the charges against Mr. Xu are politically motivated and part of a growing effort by security officials to shut down independent activism, especially groups funded from abroad. The Chinese government has blocked many foreign-based Web sites and social-networking services. It also disbarred about 50 lawyers earlier this year.
About the same time Mr. Xu was arrested, Chinese police raided the Beijing Yirenping Center, another non-governmental organization, which works to fight discrimination against Hepatitis B patients and HIV carriers. Authorities accused the NGO of illegal publishing.
In the meantime, Gao Zhisheng, one of China’s foremost human rights lawyers, was detained for a second time in February 2009 and has not been heard from since. Another of China's most prominent political dissidents Liu Xiaobo has been held virtually incommunicado in Beijing since December.
Chinese human rights activists should not be harassed, detained, or tortured by Chinese authorities for exercising their fundamental rights to freedom of expression. As President Barack Obama said, "Freedom of religion and expression lead to a strong and vibrant civil society that only strengthens the state. ... An enduring commitment to the rule of law is the only way to achieve the security that comes from justice for all people.
August 20, 2009
China continues to crack down on prominent lawyers and human rights activists and NGOs affiliated with them. Most recently, prosecutors have charged one of China's leading public interest lawyers, Xu Zhiyong, with tax evasion. If convicted, he could face 7 years in prison.
Mr. Xu, 36, is a founder of the Open Constitution Initiative, a nonprofit group that often takes on high-profile cases involving ordinary citizens' civil rights. It has challenged China's so-called "black jails," the illegal detention centers some local officials have reportedly used to detain and intimidate petitioning citizens.
The organization has also campaigned for the rights of migrant workers and death-row inmates, and helped parents of babies poisoned during last year's tainted milk scandal seek legal redress. The Chinese government shut down the Open Constitution Initiative center on July 17th and police arrested Mr. Xu on July 29th.
Many observers say the charges against Mr. Xu are politically motivated and part of a growing effort by security officials to shut down independent activism, especially groups funded from abroad. The Chinese government has blocked many foreign-based Web sites and social-networking services. It also disbarred about 50 lawyers earlier this year.
About the same time Mr. Xu was arrested, Chinese police raided the Beijing Yirenping Center, another non-governmental organization, which works to fight discrimination against Hepatitis B patients and HIV carriers. Authorities accused the NGO of illegal publishing.
In the meantime, Gao Zhisheng, one of China’s foremost human rights lawyers, was detained for a second time in February 2009 and has not been heard from since. Another of China's most prominent political dissidents Liu Xiaobo has been held virtually incommunicado in Beijing since December.
Chinese human rights activists should not be harassed, detained, or tortured by Chinese authorities for exercising their fundamental rights to freedom of expression. As President Barack Obama said, "Freedom of religion and expression lead to a strong and vibrant civil society that only strengthens the state. ... An enduring commitment to the rule of law is the only way to achieve the security that comes from justice for all people.
Tuesday, August 18, 2009
"Pioneering human rights lawyer Xu Zhiyong faces trial in China" by Tania Branigan, The Guardian
Link
August 18, 2009
Chinese authorities have formally arrested a pioneering lawyer, more than two weeks after security officials took him from his home at dawn. His lawyer warned today that he was likely to face a trial.
Xu Zhiyong, 36, is one of the best-known human rights lawyers in the country and co-founder of Gongmeng, a legal group that has dealt with some of the most sensitive cases in recent years. He is accused of tax evasion and, if found guilty, could face up to seven years in prison.
"It's not an indictment. But in the usual run of things, I expect the procuratorate will take the case to court, and the court is very unlikely to reject their case," Xu's lawyer, Li Fangping, told Reuters.
Amnesty International alleged in a statement: "The charges of tax evasion are a simple ploy to shut down the Open Constitution Initiative [Gongmeng]."
It added that Zhuang Lu, a staff member detained at the same time as Xu, had also been arrested.
Gongmeng has taken on high-profile cases, including the parents of children made ill by tainted baby milk formula, and issued a report criticising the handling of unrest across the Tibetan plateau.
Xu's arrest comes amid a broader crackdown on activist lawyers, in which more than 50 have lost their licences to practise, and the curbing of other dissent in the run-up to the 60th anniversary of Communist party rule in October this year.
August 18, 2009
Chinese authorities have formally arrested a pioneering lawyer, more than two weeks after security officials took him from his home at dawn. His lawyer warned today that he was likely to face a trial.
Xu Zhiyong, 36, is one of the best-known human rights lawyers in the country and co-founder of Gongmeng, a legal group that has dealt with some of the most sensitive cases in recent years. He is accused of tax evasion and, if found guilty, could face up to seven years in prison.
"It's not an indictment. But in the usual run of things, I expect the procuratorate will take the case to court, and the court is very unlikely to reject their case," Xu's lawyer, Li Fangping, told Reuters.
Amnesty International alleged in a statement: "The charges of tax evasion are a simple ploy to shut down the Open Constitution Initiative [Gongmeng]."
It added that Zhuang Lu, a staff member detained at the same time as Xu, had also been arrested.
Gongmeng has taken on high-profile cases, including the parents of children made ill by tainted baby milk formula, and issued a report criticising the handling of unrest across the Tibetan plateau.
Xu's arrest comes amid a broader crackdown on activist lawyers, in which more than 50 have lost their licences to practise, and the curbing of other dissent in the run-up to the 60th anniversary of Communist party rule in October this year.
"Chinese Public-Interest Lawyer Charged Amid Crackdown" by Michael Wines, The New York Times
Link
August 18, 2009
BEIJING — Prosecutors have charged one of China’s leading public-interest lawyers, Xu Zhiyong, with tax evasion, his lawyer said on Tuesday, continuing a government crackdown on this nation’s small band of activist lawyers and scholars that has lasted months.
Mr. Xu, 36, is a founder of the Open Constitution Initiative, known in Chinese as Gongmeng, a nonprofit group that often has taken on high-profile cases involving citizens’ civil rights. The government shut down the organization’s Gongmeng legal center on July 17, three days after accusing it of tax violations, and the police seized Mr. Xu on July 29.
In an interview on Tuesday, his lawyer, Zhou Ze, said Mr. Xu was formally charged on Aug. 12. Mr. Xu could face seven years in prison if he is tried and convicted. The prosecutors now must seek an indictment, but that is widely considered a formality.
The government’s main accusation is that Mr. Xu’s group failed to pay taxes on a $100,000 grant from Yale University that was earmarked for the legal center. But human rights advocates and foreign political analysts agree that the charges are politically inspired, part of what seems to be a growing effort by security officials to shut down independent activism and especially activism that is supported with foreign funds.
The government has moved this year to block many foreign-based Web sites and social-networking services used by Chinese activists and, often, by Chinese citizens. It also has taken action against a host of activist scholars and lawyers, effectively disbarring about 50 lawyers earlier this summer. Gao Zhisheng, whose aggressive legal campaigns earned him a reputation as a gadfly, has not been heard from since being taken into custody more than six months ago.
A number of activist lawyers have been beaten or harassed by unidentified assailants while working this year on cases. And one of China’s most prominent political dissidents, Liu Xiaobo, has been held virtually incommunicado in a suburban Beijing detention center since December.
Separately, the Beijing financial publication Economic Observer reported on Tuesday that the government had begun a broad inquiry into the so-called resident representative offices of foreign-based enterprises — in essence, offices that many foreign groups, including many charities and nonprofit organizations, establish on Chinese soil.
The newspaper quoted an unnamed source as saying that the government was drafting new regulations governing the offices and that many of the existing offices were suspected of violating Chinese law.
The current rules exempt the offices from paying taxes but also bar them from conducting business activities. The unnamed source was quoted as saying that many offices have flouted that prohibition, while others are guilty of lesser violations like failing to report address changes or renew expired registrations.
The report stated that investigators had already begun visiting some resident representative offices. In at least some instances, the investigators have been accompanied by the police, Nicholas Bequelin, a researcher with the Hong Kong office of Human Rights Watch, said in an interview on Tuesday.
The government’s move against Gongmeng and Mr. Xu, he said, has sent a chill sweeping over China’s activist organizations, in large part because Gongmeng is widely seen as one of the most scrupulous groups working to expand the rule of law. Indeed, Mr. Xu, a professor at Beijing’s University of Posts and Telecommunications, has been an elected member of a local governing body, the People’s Congress in Beijing’s Haidian district, since 2003.
“He was doing everything aboveboard,” said Mr. Bequelin, who called Mr. Xu “the voice of moderation” in public-interest legal circles. “If he goes down, who is safe?”
August 18, 2009
BEIJING — Prosecutors have charged one of China’s leading public-interest lawyers, Xu Zhiyong, with tax evasion, his lawyer said on Tuesday, continuing a government crackdown on this nation’s small band of activist lawyers and scholars that has lasted months.
Mr. Xu, 36, is a founder of the Open Constitution Initiative, known in Chinese as Gongmeng, a nonprofit group that often has taken on high-profile cases involving citizens’ civil rights. The government shut down the organization’s Gongmeng legal center on July 17, three days after accusing it of tax violations, and the police seized Mr. Xu on July 29.
In an interview on Tuesday, his lawyer, Zhou Ze, said Mr. Xu was formally charged on Aug. 12. Mr. Xu could face seven years in prison if he is tried and convicted. The prosecutors now must seek an indictment, but that is widely considered a formality.
The government’s main accusation is that Mr. Xu’s group failed to pay taxes on a $100,000 grant from Yale University that was earmarked for the legal center. But human rights advocates and foreign political analysts agree that the charges are politically inspired, part of what seems to be a growing effort by security officials to shut down independent activism and especially activism that is supported with foreign funds.
The government has moved this year to block many foreign-based Web sites and social-networking services used by Chinese activists and, often, by Chinese citizens. It also has taken action against a host of activist scholars and lawyers, effectively disbarring about 50 lawyers earlier this summer. Gao Zhisheng, whose aggressive legal campaigns earned him a reputation as a gadfly, has not been heard from since being taken into custody more than six months ago.
A number of activist lawyers have been beaten or harassed by unidentified assailants while working this year on cases. And one of China’s most prominent political dissidents, Liu Xiaobo, has been held virtually incommunicado in a suburban Beijing detention center since December.
Separately, the Beijing financial publication Economic Observer reported on Tuesday that the government had begun a broad inquiry into the so-called resident representative offices of foreign-based enterprises — in essence, offices that many foreign groups, including many charities and nonprofit organizations, establish on Chinese soil.
The newspaper quoted an unnamed source as saying that the government was drafting new regulations governing the offices and that many of the existing offices were suspected of violating Chinese law.
The current rules exempt the offices from paying taxes but also bar them from conducting business activities. The unnamed source was quoted as saying that many offices have flouted that prohibition, while others are guilty of lesser violations like failing to report address changes or renew expired registrations.
The report stated that investigators had already begun visiting some resident representative offices. In at least some instances, the investigators have been accompanied by the police, Nicholas Bequelin, a researcher with the Hong Kong office of Human Rights Watch, said in an interview on Tuesday.
The government’s move against Gongmeng and Mr. Xu, he said, has sent a chill sweeping over China’s activist organizations, in large part because Gongmeng is widely seen as one of the most scrupulous groups working to expand the rule of law. Indeed, Mr. Xu, a professor at Beijing’s University of Posts and Telecommunications, has been an elected member of a local governing body, the People’s Congress in Beijing’s Haidian district, since 2003.
“He was doing everything aboveboard,” said Mr. Bequelin, who called Mr. Xu “the voice of moderation” in public-interest legal circles. “If he goes down, who is safe?”
"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.
"Chinese Legal Rights Group Blocked from Paying Its Fines" by NTDTV
Link
August 17, 2009
Chinese legal scholar Xu Zhiyong is still in detention for supposedly violating tax law. He’s part of an organization called The Open Constitution Initiative, or Gongmeng in Chinese. They take on welfare and human rights cases.
Chinese authorities are demanding that Gongmeng pay fines for overdue taxes. But now authorities are making it hard for them.
A report by the organization Chinese Human Rights Defenders says that Gongmeng asked supporters for donations to help pay the fines. But authorities have frozen Gongmeng’s bank account—and that makes it impossible for them to pay.
Meanwhile, Xu is still being detained.
Recent months have seen an increased number of arrests and trials of activists and lawyers in China.
August 17, 2009
Chinese legal scholar Xu Zhiyong is still in detention for supposedly violating tax law. He’s part of an organization called The Open Constitution Initiative, or Gongmeng in Chinese. They take on welfare and human rights cases.
Chinese authorities are demanding that Gongmeng pay fines for overdue taxes. But now authorities are making it hard for them.
A report by the organization Chinese Human Rights Defenders says that Gongmeng asked supporters for donations to help pay the fines. But authorities have frozen Gongmeng’s bank account—and that makes it impossible for them to pay.
Meanwhile, Xu is still being detained.
Recent months have seen an increased number of arrests and trials of activists and lawyers in China.
"Chinese Lawyers "Disappear" After Seeking Justice" by NTDTV
Link
August 17, 2009
It's a chain of events that's becoming familiar: Chinese authorities are causing well-known lawyers to “disappear.”
Beijing attorney Xu Zhiyong was detained last month on alleged tax issues, and he hasn’t been seen since. He upset authorities by taking on cases involving civil rights violations and unfair imprisonment.
Xu had always fought for justice within the bounds of China’s legal system and constitution. But now he himself has been abducted and detained.
[Gao Wenqian, Senior Policy Advisor, Human Rights in China]:
“This judgment against Xu Zhiyong that the Chinese government is preparing is in fact not a judgment on Xu, but on the very nature of the Chinese legal system... The methods they are using against these civil rights groups really just display the cynicism with which they use these terms like 'rule of law.'”
But rule of law is precisely what Xu and many other lawyers are seeking. They’re involved in what's being called a “legal rights” movement. Some lawyers have been disbarred, some imprisoned.
Rights attorney Gao Zhisheng was arrested and tortured several times. He’s defended clients like Falun Gong practitioners and house Christians—two groups persecuted by the Chinese regime. He went missing again in February this year and his current whereabouts are unknown.
In 2006, legal rights activist Chen Guangcheng was sentenced to four years in prison. He had drawn attention to the plight of victims of China’s forced abortion program.
And in 2007, six lawyers from top Beijing law firms defended a Falun Gong practitioner—arguing that the Communist Party had violated her freedom of belief as guaranteed by the constitution. As a result, authorities intimidated them, and even abducted several of them, including prominent rights lawyer Teng Biao.
Clive Ansley works with Lawyers' Rights Watch Canada, an organization that supports lawyers whose rights are threatened in their home countries.
[Clive Ansley, China Country Monitor, Lawyers' Rights Watch Canada]:
"They see them [these lawyers] as a very real threat, and for very good reason, because these are people who genuinely believe in the rule of law. And the rule of law is just basically incompatible with political monopoly of power by a single party."
Just days ago, China’s justice minister announced that all lawyers should serve the Communist Party first, and that law firms would soon receive “Party liaisons.” Some see this as part of the Party’s attempt to control lawyers—and stifle dissent from within the legal profession.
Lawyer Clive Ansley says the Party feels it has no choice.
[Clive Ansley, China Country Monitor, Lawyers' Rights Watch]:
"The implementation of genuine rule of law, meaning that the law is the ultimate authority, would be the end of the Chinese Communist Party's monopoly of power."
August 17, 2009
It's a chain of events that's becoming familiar: Chinese authorities are causing well-known lawyers to “disappear.”
Beijing attorney Xu Zhiyong was detained last month on alleged tax issues, and he hasn’t been seen since. He upset authorities by taking on cases involving civil rights violations and unfair imprisonment.
Xu had always fought for justice within the bounds of China’s legal system and constitution. But now he himself has been abducted and detained.
[Gao Wenqian, Senior Policy Advisor, Human Rights in China]:
“This judgment against Xu Zhiyong that the Chinese government is preparing is in fact not a judgment on Xu, but on the very nature of the Chinese legal system... The methods they are using against these civil rights groups really just display the cynicism with which they use these terms like 'rule of law.'”
But rule of law is precisely what Xu and many other lawyers are seeking. They’re involved in what's being called a “legal rights” movement. Some lawyers have been disbarred, some imprisoned.
Rights attorney Gao Zhisheng was arrested and tortured several times. He’s defended clients like Falun Gong practitioners and house Christians—two groups persecuted by the Chinese regime. He went missing again in February this year and his current whereabouts are unknown.
In 2006, legal rights activist Chen Guangcheng was sentenced to four years in prison. He had drawn attention to the plight of victims of China’s forced abortion program.
And in 2007, six lawyers from top Beijing law firms defended a Falun Gong practitioner—arguing that the Communist Party had violated her freedom of belief as guaranteed by the constitution. As a result, authorities intimidated them, and even abducted several of them, including prominent rights lawyer Teng Biao.
Clive Ansley works with Lawyers' Rights Watch Canada, an organization that supports lawyers whose rights are threatened in their home countries.
[Clive Ansley, China Country Monitor, Lawyers' Rights Watch Canada]:
"They see them [these lawyers] as a very real threat, and for very good reason, because these are people who genuinely believe in the rule of law. And the rule of law is just basically incompatible with political monopoly of power by a single party."
Just days ago, China’s justice minister announced that all lawyers should serve the Communist Party first, and that law firms would soon receive “Party liaisons.” Some see this as part of the Party’s attempt to control lawyers—and stifle dissent from within the legal profession.
Lawyer Clive Ansley says the Party feels it has no choice.
[Clive Ansley, China Country Monitor, Lawyers' Rights Watch]:
"The implementation of genuine rule of law, meaning that the law is the ultimate authority, would be the end of the Chinese Communist Party's monopoly of power."
Sunday, August 9, 2009
"An Open Letter in Support of Xu Zhiyong," Cheng Wing Yan/Alice Poon, Asia Sentinel
Link
August 8, 2009
An excerpt of an open letter written by a Form 7 Hong Kong female student Cheng Wing Yan (鄭詠欣) addressed to Chinese Premier Wen Jiabao in support of Xu Zhiyong, the civil rights lawyer who has been arrested by the Chinese government. The letter has been published in Ming Pao Daily.
Here is my translation of the excerpt of the open letter titled “Please Convince Me from a Legal Standpoint”:-
"Recently Xu Zhiyong and Gongmeng (公盟) under his leadership have been targeted by the government. Gongmeng is a civil organization formed by a group of lawyers and academics who are concerned with China’s development. Through academic research, the organization has offered some advice and suggestions on China’s legal system reform, thereby promoting the realization of rule of law and democracy. Another area of their work, which is well known to Chinese citizens, is to provide legal aid to the powerless grass roots like petitioners and victims of land grabs and melamine milk powder, helping them to get justice within the existing legal framework. Judging from the fact that many petitioners who had received legal aid went bravely to Gongmeng’s office to voice their support soon after the tax authorities shut it down, everybody can clearly see that Gongmeng is the people’s ally. Why is it that the government under your leadership is still insisting on doing something that goes against the will of the people?
As far as I know, Gongmeng is a non-profit organization. They had once considered registering as a non-business civil unit, but their application was rejected and they had no alternative but to register as a limited company. In international societies, such an organization is tax-exempt, and donors can also obtain tax exemption benefits. But as Gongmeng members are law-abiding legal professionals, even though they think the system is unreasonable, they still pay their taxes as required. When the tax authorities accused them of omitting to report certain taxable items, they admitted their fault honestly. Why is it that the government under your leadership still imposing the maximum penalty, and on top of that, using a search warrant to take away all the files and data that are related to protection of civil rights? What is even more puzzling is that right before the convening of the second hearing, Mr. Xu was taken away from his home by security bureau officers and under-cover police, detained in custody and was not allowed to contact lawyers or his family. At the same time, Gongmeng was being ordered to shut down its website. This is a case of groundless seizure of citizens’ basic civil rights.
Premier Wen, you always say things like ‘administering according to rule of law’ and ‘governing according to rule of law’. May I ask, based on which legal clause did the law enforcement agency take away Mr. Xu? I only have a cursory knowledge of Chinese Law, but I know that the Constitution is the country’s most comprehensive basic law and has the highest level of binding power. Article 35 of our country’s Constitution states that citizens of People’s Republic of China have the freedom of speech and the freedom to form associations. Article 37 states clearly that citizens of People’s Republic of China enjoy personal freedom and it prohibits illegal arrest or other means of illegally seizing or limiting citizens’ personal freedom. Based on my own interpretation of these Articles, I think Mr. Xu should be free to stay in his home or work at his office.
In April this year, when my classmates and I were in Beijing as exchange students, we had the honor of discussing Chinese politics with Mr. Xu at his Gongmeng office. I saw that he is prepared to be selfless in doing all he can in the area of rule of law and democracy, and that he has great hope for China’s future. I was deeply moved. I can still remember during that visit I saw with my own eyes those menacing scarecrow gangsters who were trying to scare away the pitiable petitioners at the State Bureau for Letters and Visits. So, in our discussion, one of my classmates asked Mr. Xu, ‘Why does the Central Government tolerate the existence of those scarecrow gangsters?’ You know how Mr. Xu replied? He said that the number of petitioners far exceeds what the Letters and Visits Office can handle; so, in order to avoid overloading the Office, government cannot but bear with the scarecrow rogues. He reminded us several times that government is already doing its very best and that we need to be patient with it.
This is what Mr. Xu is like. He is full of ideals but he is not presumptuous. He is visionary but he insists on taking one step at a time. He does not mind getting negligible results that come slowly and bit by bit. He firmly believes that one day China will realize rule of law, democracy and freedom.
Premier Wen, I really don’t understand why your government can be so cruel. Why do you have to use such means to deal with a scholar who understands the hardship of the government and who wants only rational discourse? All he does is to play by the current rules of game and provide proper assistance to the weak and helpless to fight for the rights that the Constitution gives them. None of his deeds is not for the love of the country and its people. Why can’t the government spare such a person, and let him and Gongmeng handle the (tax) matter in accordance with open and fair civil proceedings?"
August 8, 2009
An excerpt of an open letter written by a Form 7 Hong Kong female student Cheng Wing Yan (鄭詠欣) addressed to Chinese Premier Wen Jiabao in support of Xu Zhiyong, the civil rights lawyer who has been arrested by the Chinese government. The letter has been published in Ming Pao Daily.
Here is my translation of the excerpt of the open letter titled “Please Convince Me from a Legal Standpoint”:-
"Recently Xu Zhiyong and Gongmeng (公盟) under his leadership have been targeted by the government. Gongmeng is a civil organization formed by a group of lawyers and academics who are concerned with China’s development. Through academic research, the organization has offered some advice and suggestions on China’s legal system reform, thereby promoting the realization of rule of law and democracy. Another area of their work, which is well known to Chinese citizens, is to provide legal aid to the powerless grass roots like petitioners and victims of land grabs and melamine milk powder, helping them to get justice within the existing legal framework. Judging from the fact that many petitioners who had received legal aid went bravely to Gongmeng’s office to voice their support soon after the tax authorities shut it down, everybody can clearly see that Gongmeng is the people’s ally. Why is it that the government under your leadership is still insisting on doing something that goes against the will of the people?
As far as I know, Gongmeng is a non-profit organization. They had once considered registering as a non-business civil unit, but their application was rejected and they had no alternative but to register as a limited company. In international societies, such an organization is tax-exempt, and donors can also obtain tax exemption benefits. But as Gongmeng members are law-abiding legal professionals, even though they think the system is unreasonable, they still pay their taxes as required. When the tax authorities accused them of omitting to report certain taxable items, they admitted their fault honestly. Why is it that the government under your leadership still imposing the maximum penalty, and on top of that, using a search warrant to take away all the files and data that are related to protection of civil rights? What is even more puzzling is that right before the convening of the second hearing, Mr. Xu was taken away from his home by security bureau officers and under-cover police, detained in custody and was not allowed to contact lawyers or his family. At the same time, Gongmeng was being ordered to shut down its website. This is a case of groundless seizure of citizens’ basic civil rights.
Premier Wen, you always say things like ‘administering according to rule of law’ and ‘governing according to rule of law’. May I ask, based on which legal clause did the law enforcement agency take away Mr. Xu? I only have a cursory knowledge of Chinese Law, but I know that the Constitution is the country’s most comprehensive basic law and has the highest level of binding power. Article 35 of our country’s Constitution states that citizens of People’s Republic of China have the freedom of speech and the freedom to form associations. Article 37 states clearly that citizens of People’s Republic of China enjoy personal freedom and it prohibits illegal arrest or other means of illegally seizing or limiting citizens’ personal freedom. Based on my own interpretation of these Articles, I think Mr. Xu should be free to stay in his home or work at his office.
In April this year, when my classmates and I were in Beijing as exchange students, we had the honor of discussing Chinese politics with Mr. Xu at his Gongmeng office. I saw that he is prepared to be selfless in doing all he can in the area of rule of law and democracy, and that he has great hope for China’s future. I was deeply moved. I can still remember during that visit I saw with my own eyes those menacing scarecrow gangsters who were trying to scare away the pitiable petitioners at the State Bureau for Letters and Visits. So, in our discussion, one of my classmates asked Mr. Xu, ‘Why does the Central Government tolerate the existence of those scarecrow gangsters?’ You know how Mr. Xu replied? He said that the number of petitioners far exceeds what the Letters and Visits Office can handle; so, in order to avoid overloading the Office, government cannot but bear with the scarecrow rogues. He reminded us several times that government is already doing its very best and that we need to be patient with it.
This is what Mr. Xu is like. He is full of ideals but he is not presumptuous. He is visionary but he insists on taking one step at a time. He does not mind getting negligible results that come slowly and bit by bit. He firmly believes that one day China will realize rule of law, democracy and freedom.
Premier Wen, I really don’t understand why your government can be so cruel. Why do you have to use such means to deal with a scholar who understands the hardship of the government and who wants only rational discourse? All he does is to play by the current rules of game and provide proper assistance to the weak and helpless to fight for the rights that the Constitution gives them. None of his deeds is not for the love of the country and its people. Why can’t the government spare such a person, and let him and Gongmeng handle the (tax) matter in accordance with open and fair civil proceedings?"
"Chinese Legal Activist Charged With Tax Evasion as Crackdown Widens," by William Ide, Voice of America
Link
August 6, 2009
Close associates of Chinese legal activist Xu Zhiyong say he is being detained on charges of tax evasion. Xu's case is one of several that appear to be part of widening crackdown on dissent in China ahead of October's 60th anniversary of the founding of the People's Republic of China.
More than a week ago, without explanation, Chinese police detained Xu Zhiyong, the head of a legal aid organization Gongmeng in Beijing.
Teng Biao, a co-founder of the group, says Xu's family has not seen him since he was taken from his home early on Wednesday last week.
Teng says Xu's brother went to the Beijing University of Post and Telecommunications, where Xu Zhiyong taught. There, he learned that his brother had been taken away by public security forces and was being charged with tax evasion.
Teng added that Zhang Lu, another member of Gongmeng who also has been missing since last week, has still not been heard from.
Many political analysts and human rights groups say Gongmeng and other activist groups are being targeted as part of a widening crackdown on dissent ahead of the October 1 anniversary of the founding of the communist government.
However, Randy Peerenboom a professor of law at La Trobe University in Melbourne who is now based in Beijing, sees a broader purpose. He thinks what is happening is part of an effort to ensure social stability that is not exclusively linked to the coming anniversary.
"The number of demonstrations has been rising in recent years, many of them becoming more violent, and so you see the government trying to crackdown on various sources of instability," he said.
Peerenboom says the government has tried to force many of the country's disputes and controversial cases into the court system, but in his opinion that has ended up being too costly and has not ended the protests. Because of that, the government has started targeting activist lawyers and legal groups like Gongmeng.
"I think that one of the problems is they've [Gongmeng] handled an increasingly wide range of cases and gotten involved in a wider range of issues and this is one of the reasons why I think the government is re-calibrating its strategy," he said.
Gongmeng's lawyers represented victims of the Sanlu toxic milk powder scandal, which made nearly 300,000 babies ill, and has investigated institutions such as illegal detention centers. Their researchers even issued a review of last year's unrest in Tibet, which said Tibetans were protesting because of failed government policies.
Gongmeng is not the only one being targeted.
Last month, Yirenping, which fights discrimination against hepatitis patients, faced a clampdown, and more than 50 Beijing lawyers, many of whom focus on human rights issues, had their licenses revoked.
Two activists who have criticized the government's handling of the 2008 Sichuan earthquake have also been put on trial.
One of them, Huang Qi, appeared in court Wednesday ON charges of illegally possessing state secrets.
Tan Zuoren, an activist who questioned why so many children died in the earthquake, will be tried for subversion next week.
August 6, 2009
Close associates of Chinese legal activist Xu Zhiyong say he is being detained on charges of tax evasion. Xu's case is one of several that appear to be part of widening crackdown on dissent in China ahead of October's 60th anniversary of the founding of the People's Republic of China.
More than a week ago, without explanation, Chinese police detained Xu Zhiyong, the head of a legal aid organization Gongmeng in Beijing.
Teng Biao, a co-founder of the group, says Xu's family has not seen him since he was taken from his home early on Wednesday last week.
Teng says Xu's brother went to the Beijing University of Post and Telecommunications, where Xu Zhiyong taught. There, he learned that his brother had been taken away by public security forces and was being charged with tax evasion.
Teng added that Zhang Lu, another member of Gongmeng who also has been missing since last week, has still not been heard from.
Many political analysts and human rights groups say Gongmeng and other activist groups are being targeted as part of a widening crackdown on dissent ahead of the October 1 anniversary of the founding of the communist government.
However, Randy Peerenboom a professor of law at La Trobe University in Melbourne who is now based in Beijing, sees a broader purpose. He thinks what is happening is part of an effort to ensure social stability that is not exclusively linked to the coming anniversary.
"The number of demonstrations has been rising in recent years, many of them becoming more violent, and so you see the government trying to crackdown on various sources of instability," he said.
Peerenboom says the government has tried to force many of the country's disputes and controversial cases into the court system, but in his opinion that has ended up being too costly and has not ended the protests. Because of that, the government has started targeting activist lawyers and legal groups like Gongmeng.
"I think that one of the problems is they've [Gongmeng] handled an increasingly wide range of cases and gotten involved in a wider range of issues and this is one of the reasons why I think the government is re-calibrating its strategy," he said.
Gongmeng's lawyers represented victims of the Sanlu toxic milk powder scandal, which made nearly 300,000 babies ill, and has investigated institutions such as illegal detention centers. Their researchers even issued a review of last year's unrest in Tibet, which said Tibetans were protesting because of failed government policies.
Gongmeng is not the only one being targeted.
Last month, Yirenping, which fights discrimination against hepatitis patients, faced a clampdown, and more than 50 Beijing lawyers, many of whom focus on human rights issues, had their licenses revoked.
Two activists who have criticized the government's handling of the 2008 Sichuan earthquake have also been put on trial.
One of them, Huang Qi, appeared in court Wednesday ON charges of illegally possessing state secrets.
Tan Zuoren, an activist who questioned why so many children died in the earthquake, will be tried for subversion next week.
"Arrested Lawyer's 'Chinese Dream'" by Austin Ramzy, TIME.com
Link
August 5, 2009
The lawyer Xu Zhiyong disappeared in Beijing one week ago, but now his image is popping up all over town. Xu, who was taken from his house by police, is featured in the latest edition of Shishang Xiansheng, the Chinese version of Esquire. He is one of 60 people interviewed by the magazine in recent months about their idea of the Chinese dream. The police haven't explained the charges against Xu, but his brother told the Associated Press that officials at the university where Xu taught said he was being held for tax evasion. The Open Constitution Initiative (or Gongmeng in Chinese), a legal advocacy group that Xu founded, was shuttered by tax authorities last month over allegations it owes $208,000 in taxes. Many observers think the closure is more likely related to Gongmeng's pioneering work on sensitive legal cases.
In the Esquire piece Xu is pictured with a white light behind his head and wearing a French-cuffed shirt and tie--not, by any means, his usual attire. He is featured with six other activists. Here, via China Digital Times, is a translation of his Chinese dream:
I wish our country could be a free and happy one. Every citizen does not need go against their conscience and can find their own place by their virtue and talents; a simple and happy society, where the goodness of humanity is expanded to the maximum, and the evilness of humanity is constrained to the maximum; honesty, trust, kindness, and helping each other are everyday occurences in life; there is not so much anger and anxiety, a pure smile on everyone's face.
August 5, 2009
The lawyer Xu Zhiyong disappeared in Beijing one week ago, but now his image is popping up all over town. Xu, who was taken from his house by police, is featured in the latest edition of Shishang Xiansheng, the Chinese version of Esquire. He is one of 60 people interviewed by the magazine in recent months about their idea of the Chinese dream. The police haven't explained the charges against Xu, but his brother told the Associated Press that officials at the university where Xu taught said he was being held for tax evasion. The Open Constitution Initiative (or Gongmeng in Chinese), a legal advocacy group that Xu founded, was shuttered by tax authorities last month over allegations it owes $208,000 in taxes. Many observers think the closure is more likely related to Gongmeng's pioneering work on sensitive legal cases.
In the Esquire piece Xu is pictured with a white light behind his head and wearing a French-cuffed shirt and tie--not, by any means, his usual attire. He is featured with six other activists. Here, via China Digital Times, is a translation of his Chinese dream:
I wish our country could be a free and happy one. Every citizen does not need go against their conscience and can find their own place by their virtue and talents; a simple and happy society, where the goodness of humanity is expanded to the maximum, and the evilness of humanity is constrained to the maximum; honesty, trust, kindness, and helping each other are everyday occurences in life; there is not so much anger and anxiety, a pure smile on everyone's face.
"Rules of the Game," by Evan Osnos, The New Yorker
Link
August 4, 2009
A Chinese lawyer uses the court to challenge policies he considers unfair and illegal, and he lands in police custody. Another Chinese lawyer uses the court in a similar spirit and earns a balanced story about him in a state-run newspaper. What’s the difference between them?
Nobody really knows these days. But finding the line on any given day is the central question facing Chinese lawyers and advocates at a moment in Chinese history when the boundaries of dissent are defined more by rules of thumb than by the rule of law. In the days since Xu Zhiyong, a prominent public-interest lawyer, was detained last week on suspicion of tax evasion, his case has emerged as a test of how China’s commitment to promoting the rule of law will unfold. (A few new details have emerged about Xu’s case.) Curiously, the Global Times, a new state-run English-language paper, chose to publish a story Tuesday about another lawyer, Xie Yanyi who reportedly “filed a lawsuit against Li Yizhong, the Industry and Information Technology minister, for infringing upon citizens’ freedom and privacy.” The “audacious legal action” is “in retaliation to the government’s plan to install all new computers in China with a filtering software program which can monitor an individual’s Internet use.”
Xie is no stranger to “audacious legal action,” and history suggests that his lawsuit will not get far. One rule of thumb is that legal actions against the state, even if technically permitted, rarely go anywhere. Then again, the filtering software known as Green Dam is just unpopular enough with Chinese Web users that maybe a pocket of the leadership will try to earn some populist capital by letting the case go for a while. Another rule of thumb, after all, is that the leadership recognizes the volatile power of Chinese Web users, and might be eager to let off some steam. So, who knows? If China achieves the rule of law that it avowedly seeks, this will someday be an answerable question.
August 4, 2009
A Chinese lawyer uses the court to challenge policies he considers unfair and illegal, and he lands in police custody. Another Chinese lawyer uses the court in a similar spirit and earns a balanced story about him in a state-run newspaper. What’s the difference between them?
Nobody really knows these days. But finding the line on any given day is the central question facing Chinese lawyers and advocates at a moment in Chinese history when the boundaries of dissent are defined more by rules of thumb than by the rule of law. In the days since Xu Zhiyong, a prominent public-interest lawyer, was detained last week on suspicion of tax evasion, his case has emerged as a test of how China’s commitment to promoting the rule of law will unfold. (A few new details have emerged about Xu’s case.) Curiously, the Global Times, a new state-run English-language paper, chose to publish a story Tuesday about another lawyer, Xie Yanyi who reportedly “filed a lawsuit against Li Yizhong, the Industry and Information Technology minister, for infringing upon citizens’ freedom and privacy.” The “audacious legal action” is “in retaliation to the government’s plan to install all new computers in China with a filtering software program which can monitor an individual’s Internet use.”
Xie is no stranger to “audacious legal action,” and history suggests that his lawsuit will not get far. One rule of thumb is that legal actions against the state, even if technically permitted, rarely go anywhere. Then again, the filtering software known as Green Dam is just unpopular enough with Chinese Web users that maybe a pocket of the leadership will try to earn some populist capital by letting the case go for a while. Another rule of thumb, after all, is that the leadership recognizes the volatile power of Chinese Web users, and might be eager to let off some steam. So, who knows? If China achieves the rule of law that it avowedly seeks, this will someday be an answerable question.
"Chinese legal activist held for tax evasion," Tini Tran (AP)
Link
August 4, 2009
August 4, 2009
BEIJING — A prominent Chinese legal scholar whose rights group has tackled some of China's most politically sensitive cases, including a tainted milk scandal, has been accused of tax evasion following his arrest a week ago, his brother said Tuesday.
The detention of Xu Zhiyong comes as China appears to be widening a crackdown against activist lawyers and non-governmental organizations to stifle any dissent ahead of the 60th anniversary of the communist nation's founding on Oct. 1.
Last month, more than 50 Beijing lawyers, many of whom focus on politically sensitive human rights issues, had their licenses revoked. In addition, several non-governmental groups have recently been targeted by police for harassment.
Xu, who co-founded the Gongmeng legal aid organization, was taken from his Beijing home July 29 around 5 a.m. by several policemen. Another Gongmeng staffer, Zhuang Lu, was also detained.
On Tuesday, his brother Xu Zhihong told The Associated Press that officials from the Beijing University of Post and Telecommunications, where Xu Zhiyong taught, said they were notified that the scholar was being detained for tax evasion.
The People's Congress of Haidian district in Beijing, a local body of which Xu is a member, said it had approved his detention, his brother said. The approval is required because Xu is an elected official.
Xu Zhihong said he believed his brother was innocent of wrongdoing.
"He never thinks about himself and just wants to help others. The last time I talked to him on the phone was July 25. He told me that he didn't do anything wrong. He said 'Don't worry about me,'" Xu Zhihong said.
In mid-July, government officials shut down Gongmeng, also known as the Open Constitution Initiative, a legal aid and research organization that worked on public interest law. The group addressed issues including death penalty cases and the existence of unofficial 'black jails.'
Most recently, Gongmeng lawyers represented parents whose children were sickened last year after drinking milk contaminated with the chemical melamine. The tainted milk was blamed for the deaths of six babies and made nearly 300,000 other children ill.
The center's closure came after Beijing's tax bureau fined the group 1.4 million yuan ($206,000) because it said Gongmeng had failed to pay its taxes. Xu was scheduled to meet with tax bureau officials on July 30, the day after he was detained.
Gongmeng's problems highlight the issue that NGOs often face in China, said Phelim Kine, an Asia researcher with New York-based Human Rights Watch. Since it is extremely difficult to register as a non-governmental organization, many groups register as regular companies while existing in a legal gray area.
The government's use of the tax evasion charge with this case is troubling since many NGOs could be vulnerable, he said.
"This is an ominous development with regard to how the Chinese government may begin to resort to dealing with NGOs whose activities displease the government," he said.
Xu, 36, has been at the forefront of public interest law and legal reform in China. His legal scholarship has won him admirers abroad, and he has done several stints as a visiting scholar at Yale Law School in the United States.
Legal experts say Xu's plight is all the more troubling because Xu has never sought to actively oppose the government; instead his goal was to work within the current Chinese legal system.
"What Xu and (Open Constitution Initiative) have been doing is trying to use the tools of China's own laws to provide redress for grievances. He is working within the system. That's part of the reason why this case and his troubles are causing so much concern," said Paul Gewirtz, a law professor at Yale and director of The China Law Center.
Xu first rose to prominence in 2003 with the landmark Sun Zhigang case, where a 27-year-old university graduate died after being beaten during police custody. Sun had been detained under an extrajudicial system called custody and repatriation, where police had virtually unlimited authority to hold anyone if they did not have a residence permit for that area.
Sun's death set off a firestorm of national attention by local media. Xu and fellow legal scholars petitioned the National People's Congress, questioning the constitutionality of that system. Later that year, China abolished the system.
Teng Biao, another key human rights lawyer and member of Gongmeng, said Xu's detention would send a "clear signal" to other activists and NGOs.
"It will bring some fear. In the wake of Xu's detention, we're aware of bigger difficulties, and by doing our work, we should always prepare for the worst," he said.
Associated Press researcher Xi Yue contributed to this report.
"Brother: Chinese activist held for tax evasion," Tini Tran (AP)
Link
August 4, 2009
August 4, 2009
BEIJING — A leading Chinese legal activist detained by authorities last week has been accused of tax evasion, his brother said Tuesday.
Xu Zhiyong, a prominent legal scholar who co-founded the Gongmeng legal aid organization, was taken from his Beijing home around 5 a.m. last Wednesday by police. At the time, it was unclear why he was being held.
On Tuesday, his brother Xu Zhihong told The Associated Press that officials from the Beijing University of Post and Telecommunications, where Xu Zhiyong taught, said they were notified that the scholar was being detained for tax evasion.
Xu's detention comes as China has stepped up an official push to restrain activist lawyers. Last month, more than 50 Beijing lawyers, many of whom focus on politically sensitive human rights issues, had their licenses revoked.
China is gearing up for the 60th anniversary of the communist nation's founding on Oct. 1 — a period when dissent is not tolerated.
The People's Congress of Haidian district in Beijing, a local body that Xu has been elected to, said it had approved his detention, his brother said. The approval is required because Xu is an elected official.
About two weeks ago, government officials shut down Gongmeng, also known as the Open Constitution Initiative, a legal aid and research organization that worked on many of China's groundbreaking cases.
Most recently, Gongmeng lawyers represented parents whose children were sickened last year after drinking milk contaminated with the industrial chemical melamine that was blamed for the deaths of six babies and made nearly 300,000 others ill.
The closure came after Beijing's tax bureau fined the group 1.4 million yuan ($200,000) because it said the group had failed to pay its taxes.
The scholar was scheduled to have a hearing with the tax bureau on the day that he was taken in a dawn raid. His brother said he believed Xu Zhiyong was innocent of wrongdoing.
"I believe my brother would never commit any crime," said Xu Zhihong. "He never thinks about himself and just wants to help others. The last time I talked to him on the phone was July 25. He told me that he didn't do anything wrong. He said 'Don't worry about me.'"
Associated Press researcher Xi Yue contributed to this report.
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