December 2023 & January 2024 | In-depth Spotlight on Human Rights Defenders Undergoing Trials and Challenges in China and Hong Kong

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Woman Human Rights Defender Li Qiaochu Faces Trial in China Under Subversion Charges

After being held in detention for over 700 days, Li Qiaochu, a Chinese woman human rights defender (WHRD), faced trial in Shandong province on 19 December 2023 on the charge of “inciting subversion of state power.” Li Qiaochu’s lawyer, Li Guobei, reported being barred from entering the Linyi Intermediate People’s Court by security personnel, although another of Li Qiaochu’s lawyers gained entry.

Li Qiaochu has been detained since 6 February 2021 after meeting with the Beijing National Security Department. She was then held for a prolonged period of “residential surveillance at a designated location” (RSDL), an extra-legal form of solitary confinement allowing Chinese police to hold individuals outside standard prison settings, denying them access to family or legal counsel, and enabling them to carry out torturous activities with impunity. Following this detention, Li Qiaochu described her experience as marked by blindfolds, handcuffs, and relentless bright lighting.

Li Qiaochu has been actively involved in researching labour, women’s rights, and civil rights issues in mainland China. After 2018, she actively engaged in grassroots movements like the anti-996 campaign and the MeToo movement. Following the outbreak of COVID-19 in Wuhan in 2020, she participated in several online and offline volunteer groups, distributing masks to sanitation workers in Beijing. She also assisted pregnant women in the epidemic area with self-help and mutual aid, connecting them with volunteer doctors.

Due to her long-term involvement in civil society activities, Li Qiaochu has been repeatedly harassed by national security and public security officers. Since early December 2019, national security officers have been stationed daily outside her residence. Following the 1226 Xiamen Gathering Crackdown, authorities extensively arrested individuals involved, including Li Qiaochu’s partner, legal scholar and human rights defender Xu Zhiyong. On 16 February 2020, Li Qiaochu was taken away by Beijing police following the detention of Xu Zhiyong. She experienced RSDL after being taken away for four months. After her release, she disclosed the experiences of torture she endured during the RSDL, including constant bright light exposure, enforced static sitting, invasive surveillance, and restricted movement while under detention.

On 21 January 2021, a lawyer was permitted to video conference with Xu Zhiyong after prolonged incommunicado detention of the legal activist. Xu Zhiyong revealed that the food provided at the detention centre where he was held was severely inadequate in both quantity and quality. Ding Jiaxi, a prominent human rights lawyer detained shortly before Xu Zhiyong, also detailed his experience of torture during his RSDL in 2020 and the similar insufficient food situation.

Upon learning this, Li Qiaochu began lodging complaints about the food issues at the detention centre for both Ding Jiaxi and Xu Zhiyong. On 31 January 2021, Li Qiaochu filed a request for information disclosure with the detention centre, demanding the release of information on the food provided to detainees, including the standards set by the centre for detainees’ meals and the prices charged; the identity and contact details of the officials responsible for setting, procuring, and supervising; and the budget and expenditure for detainees' food. On 2 February 2021, Li Qiaochu complained to the Public Security Department about the Public Security Bureau and the Detention Centre’s withholding of food from Xu Zhiyong as a punitive measure, violating national regulations on the quantity of food for detainees and the pricing of goods for sale.

On 6 February 2021, Li Qiaochu was summoned by Beijing’s national security police, then taken away by police, and later criminally detained. The police presented a detention notice to Li Qiaochu’s parents, indicating she was suspected of “subverting state power.” On 15 March 2021, Li Qiaochu was formally arrested for the charge. Multiple lawyers’ requests to meet her were denied.

On 27 August 2021, after nearly seven months of detention, Li Qiaochu was allowed her first meeting with a lawyer. It was revealed that she suffered from severe auditory hallucinations and needed long-term medication during the detention. Li Qiaochu’s mental and physical health, given her history of depression and thyroid disease, became a matter of significant concern.

On 17 March 2023, a lawyer visited the detention centre for the first in-person meeting with Li Qiaochu more than two years after her detention. She disclosed to the lawyer that her cell was overcrowded, offering little space, and forcing her to sleep sideways. With temperatures rising, she expressed her hope to return home soon and avoid the unbearable heat in the detention centre. Li Qiaochu expressed her wish to at least see her parents after the trial. Since her disappearance, arrest, and imprisonment, her family’s repeated requests for a meeting have been denied.

Friends and family remain deeply concerned about Li’s physical condition. They urge continued attention to Li Qiaochu's case and call for a public and fair trial.

Challenging Conditions and Legal Struggles for Detained Human Rights Lawyers Yu Wensheng and WHRD Xu Yan

On 13 April 2023, Beijing human rights lawyer Yu Wensheng, along with his wife and WHRD Xu Yan, was detained on charges of picking quarrels and provoking troubles, and later inciting subversion of state power. By December 2023, both Yu Wensheng and Xu Yan had their first meeting with their defence lawyers after over eight months of incommunicado detention. The case is reportedly in the prosecution review stage.

Yu Wensheng and Xu Yan were initially detained in April 2023 en route to the EU Delegation Office in China, having received an invitation from the Office. Initially detained on charges of picking quarrels and provoking troubles, they were later additionally charged with inciting subversion of state power.

On 1st December 2023, after multiple rounds of complaints and negotiations, lawyers finally met with Xu Yan. She disclosed that ten days following the review of her case and her prosecution on 19 October 2023, she began protesting against the denial of access to her lawyer and initiated a hunger strike.

Xu Yan reported that since her detention in April 2023, she had only been provided with a thin blanket, in contrast to others who had three, despite the availability of spare blankets in the cell. She was not permitted any extra blankets, leading to her suffering from cold. Additionally, prolonged periods of sitting on hard surfaces caused swelling and pain in her legs and back. A medical examination conducted six months into her detention indicated issues with her back, but she was not informed of the specific problem, and she continues to experience back pain.

Xu Yan also faced bullying in the detention centre, where no one dared speak to her. She was deliberately beaten by cell leaders, resulting in torn clothing and bruising on her arms. The detention centre authorities considered it a mutual fight, and as punishment, Xu Yan was tasked with cleaning the toilets for two and a half months.

Furthermore, Xu Yan endured mental torment, as police officers threatened her during interrogations for not cooperating with their record-taking. They warned that if her child attempted to advocate for her rights, they would arrest the child as well. They verbally abused her with profanities and derogatory comments about her character.

Since her detention, Xu Yan has lost approximately 28 kilograms. The food provided in detention was substandard, primarily consisting of steamed buns and cabbage soup, with a meat dish served only once a week. The only purchasable foods were instant noodles, biscuits, and salted duck eggs, offering limited variety and no access to milk or eggs.

For Yu Wensheng, it was reported that the human rights lawyer appeared calm during his meeting with his lawyer, ready to face the trial, yet deeply concerned about his son. On 18 November 2023, Xu Yan’s and Yu Wensheng’s son attempted suicide by overdosing on medication due to enduring extensive and prolonged police surveillance. Fortunately, after being rushed to the hospital, he was saved from a life-threatening condition. The son has since been relocated to Shaanxi province with Yu Wensheng’s brother and grandmother, where he is receiving necessary care and attention.

See more details about Xu Yan and Yu Wensheng on our website.

Upheld Sentence for Chinese Human Rights Lawyer Qin Yongpei

On 29 December 2023, the Guangxi Higher People’s Court dismissed an appeal by Chinese human rights lawyer Qin Yongpei, maintaining the five-year prison sentence for his conviction of inciting subversion of state power. This ruling marks the record for the highest sentence for this offence, with Qin Yongpei’s prison term concluding on 30 October 2024.

The court disregarded the defence’s pleas for acquittal or reduction of the excessive sentence length. The alleged criminal activities predominantly consisted of Qin Yongpei’s posts on WeChat and Twitter. These posts reflected his criticism and dissatisfaction regarding pervasive official corruption, the lack of freedom of speech, and authoritarian practices. He also highlighted legal violations by public security, prosecutorial, and judicial officials in cases he handled. Defence lawyer Cheng Hai argued that Qin Yongpei’s engagement in citizen’s freedom of speech and his right to supervise and critique were unlawfully construed as criminal acts, branding the verdict a grave injustice and a deliberate penalty on an innocent individual.

Find more details about Qin Yongpei on our website.

International Recognition and Ongoing Detention of Hong Kong Human Rights Lawyer Chow Hang Tung

Hong Kong human rights lawyer and WHRD Chow Hang Tung, detained under the national security law since September 2021, has been honoured with The Franco-German Prize for Human Rights and the Rule of Law by the foreign ministries of France and Germany. This international recognition is the latest in a series of awards for Chow Hang Tung’s contributions to human rights. Last month, in November 2023, Chow Hang Tung, together with Chinese human rights lawyer Ding Jiaxi and legal activist Xu Zhiyong mentioned above, received the CCBE Human Rights Award 2023. Chow Hang Tung also previously won the Gwangju Prize for Human Rights 2023, and she also received nominations for the Nobel Peace Prize.

After expressing gratitude for receiving the Franco-German Prize for Human Rights and Rule of Law on a Facebook page set up by friends on December 15, it was disclosed that Chow Hang Tung was again subjected to solitary confinement, allegedly for keeping too many letters. It was reported that she would be placed in solitary confinement for 18 days, the longest period yet. This marks the ninth time she has been in solitary confinement from June to December this year. This incident has led to her spending both Christmas and New Year’s Day alone, setting a record for her seven consecutive months being placed in solitary confinement.

Hong Kong’s High Court has recently denied a new bail application for Chow Hang Tung, with her trial of inciting subversion of state power under Hong Kong National Security Law scheduled to commence in late 2024. High Court judge Andrew Chan refused the bail application, citing the risk of Chow Hang Tung committing acts that endanger national security.

You can find more details about Chow Hang Tung, Ding Jiaxi and Xu Zhiyong on our website.

Participation of The 29 Principles in UPR Pre-Session on China

On 29 November 2023, The 29 Principles, in collaboration with Lawyers for Lawyers and International Bar Association's Human Rights Institute, participated in the pre-session of the upcoming Universal Periodic Review (UPR) on China. In the pre-session, we called on China to immediately release all human rights lawyers and comply with international standards for a functioning justice system.

Joint Statement by The 29 Principles and Other Organisations Urging China to Respect Human Rights

On 14 December 2023, in the week marking the International Human Rights Day, The 29 Principles, alongside other human rights organisations, issued a joint statement calling on the People’s Republic of China to respect human rights and observe the rule of law, expressing grave concern over the ongoing, widespread rights violations of lawyers in China and Hong Kong.

The statement condemns the arbitrary detention, illegal prosecution, unfair trials, enforced disappearance, torture, and other mistreatments of lawyers in China. It also expresses concerns on China’s laws and regulations which are adopted to stifle lawyers’ independence and penalize activities seen as dissent. The statement further criticizes China’s use of RSDL and Hong Kong National Security Law as forms of repression. Citing cases of lawyers like Ding Jiaxi, Li Yuhan, and others, it urges Chinese and Hong Kong authorities to adhere to the UN Basic Principles on the Role of Lawyers, release unjustly detained individuals, investigate torture claims, ensure lawful pre-trial detention, and uphold fair trial rights.

Joint Statement by The 29 Principles and Other Organisations on The Trial of Jimmy Lai

On 20 December 2023, The 29 Principles, together with Hong Kong Watch and Human Rights Foundation, issued a joint statement on the trial of Hong Kong pro-democracy activist Jimmy Lai. We expressed deep concern about the fair trial rights under the Hong Kong National Security Law and its non-compliance with the International Covenant of Civil and Political Rights (ICCPR), which Hong Kong ratifies. The statement emphasised the compromised presumption of innocence and restrictions on Jimmy Lai’s free choice of legal representation. We urged the governments of China and Hong Kong to ensure adherence to international legal standards for fair trials, including upholding the right to presumption of innocence and ensuring due process.

The 29 Principles Issued Joint Statement Condemning Hong Kong National Security Law Arrest Warrants and Bounties

On 21 December 2023, The 29 Principles, together with other civil society organisations and other human rights organisations worldwide, issued a joint statement denouncing the Hong Kong National Security Law’s arrest warrants and bounties. This statement was in response to warrants and bounties issued by the Hong Kong National Security Police against five pro-democracy activists residing overseas, exemplifying the extraterritorial and retrospective application of the law to suppress pro-democracy voices.

The 29 Principles Release Story of Li Heping and Li Chunfu

Li Heping and Li Chunfu, brothers and human rights lawyers from Henan Province, faced severe persecution due to their legal work. Despite the pride of having two lawyers in a modest family, their choice to handle human rights cases brought immense challenges. They took on cases defending disadvantaged groups, including Falun Gong practitioners and others wrongfully accused by the government. Their work led to them facing government surveillance, forced disappearances, and physical assaults.

The 709 Crackdown further intensified their plight. Li Heping was detained and secretly tried, receiving a suspended three-year sentence, while Li Chunfu was arrested and subjected to severe mental and physical torture, leading to a diagnosis of post-traumatic stress disorder. Their families suffered too; their children faced educational barriers and psychological trauma, and their homes were targeted by the authorities. Despite their release, their freedoms remain severely restricted, with travel bans and continuous harassment.

The 29 Principles has recently released the story of the brothers. Find more about their journey and the difficulties of being human rights lawyers in China on our website.

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