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Qin Yongpei 覃永沛

Lawyers' Database

Qin Yongpei
覃永沛
Working Location(s)
Guangxi Zhuang Autonomous Region
Current Practice Status
Revocation
Practice Area(s)
Forced Demolitions
Human Rights Defence
Illegal Detentions
Industrial Pollution
Religious Freedom
Background

Qin Yongpei is a Chinese human rights lawyer who has faced sustained persecution and harassment by the Chinese authorities for his work defending vulnerable groups and challenging government officials. He founded the Baijuming Law Firm in Guangxi in 2001, where he and his colleagues took on a number of sensitive civil and human rights cases. These included illegal detentions, industrial pollution, forced demolitions, and cases pertaining to religious freedom. Despite facing life-threatening situations, including being stabbed and blacklisted for criticising high-ranking Public Security Bureau officials, Qin Yongpei persisted in his advocacy, ultimately leading to the revocation of his legal practice license in 2018. He has been detained since October 2019 for the charge of inciting subversion of state power.

Over the years, Qin Yongpei and his family have faced significant hardships, including the forced closure of his law firm and police interrogations of his family members, including his young daughters. He's been denied access to legal counsel and subjected to prolonged solitary confinement without trial, with crucial legal documents confiscated. In March 2023, he was sentenced to five years in prison, a verdict he is trying to appeal. His situation has garnered international attention: the United Nations Human Rights Office released multiple communications regarding China’s problematic and unlawful treatment against human rights lawyers including Qin Yongpei.

Timeline

2001: Qin Yongpei founded the Baijuming Law Firm in Guangxi in 2001. Over the years, he and other lawyers in the firm, such as Chen Jiahong, handled numerous civil rights and human rights-related, often sensitive, cases. He served as defence counsel for human rights lawyers who faced retaliation from the authorities. He also provided legal aid to vulnerable groups. His portfolio of represented cases included illegal administrative detention, industrial pollution, forced demolition of properties, and miscarriages of justice. He also represented clients in religious freedom cases, such as representing Falun Gong practitioners.

2012: He reported the Chongzuo City Public Security Bureau Director, Qiu Zu, for armed robbery of mahogany furniture worth RMB $50 million. Less than a month after he returned from Inner Mongolia, he was stabbed multiple times over three days in attempts on his life near his office and the court. He was fortunate to have two people with him at the time, or he might have been killed. Despite CCTV footage, the police claimed they couldn't find anyone, and the investigation into the case was dropped.

2015: Qin Yongpei openly reported the then Chief of Nanning Public Security Bureau, Tang Bin, criticising him on Weibo and lodging complaints with the Political and Legal Affairs Committee

2018: Tang Bin, whom Qin Yongpei had reported in 2015, was promoted to the standing deputy director of the Public Security Department of the Guangxi Autonomous Region. In May 2018, the authorities revoked Qin Yongpei’s legal practise licence and ordered the closure of his Baijuming Law Firm. Subsequently, Qin established a legal consultancy firm to continue his work. Around the same time, he also co-founded the “Chinese Post-Lawyers Club,” offering support and mutual aid to human rights lawyers who had had their licences revoked.

29 April 2019: Chen Jiahong, a lawyer who had once practised under Qin Yongpei's Baijuming Law Firm before its closure, was detained at his home in Guangxi. Chen Jiahong was charged with "inciting subversion of state power." Qin Yongpei actively voiced support and called for the release of Chen Jiahong.

31 October 2019: Qin Yongpei was taken away by public security officers from the Nanning Public Security Bureau. His personal office was sealed at the same time.

2 November 2019: His family received a written notice from the police confirming his criminal detention, and that Qin Yongpei was charged with inciting subversion of state power. Legal professionals believed that this was a concerted effort by the authorities to quash human rights lawyers, as both Qin Yongpei and Chen Jiahong belonged to the same firm and Chen Jiahong had been detained for six months at that time without any authorised legal visits. This tactic of suppression was not new and followed precedents such as the “709 Crackdown.”

December 2019: While Qin Yongpei had still not been allowed a legal visit, friends both domestically and abroad set up a “Qin Yongpei Concern Group” to offer their support. They established accounts on social media platforms such as Twitter, WhatsApp, and WeChat to disseminate related news. However, members of the WeChat group — where the regime had access to the messages and content — were extensively harassed and threatened by state security forces.
Even the family of the overseas WeChat group owners were harassed by Guangxi state security, who made unreasonable phone calls and demanded interviews at the police station, threatening arrest. Some group members were also harassed and frequently summoned for questioning by state security, with instructions to refrain from discussing or focusing on the Qin Yongpei’s case.
It was also revealed that multiple lawyers expressed a willingness to represent Qin Yongpei during his detention but were invariably obstructed and suppressed by local judicial departments. Lawyers within the Guangxi region were explicitly warned not to take on Qin Yongpei’s case, lest they face repercussions.

26 February 2020: The online news outlet Civil Rights & Livelihood Watch (Misheng Guancha) reported that the family of Qin Yongpei, including his young daughters, was taken by public security officers from Nanning for questioning. It was reported that deceptive tactics were used in an attempt to extract statements from them on Qin Yongpei’s politically sensitive views and criticisms of the Chinese Communist Party.
According to the younger daughter, the police did not treat her as a minor. They directly questioned her about Qin Yongpei, asking whether she was aware of the political commentary her father typically posted online and whether he had ever discussed political topics at home. It was reported that the public security bureau attempted to induce the child into revealing any “illegal statements” or “criminal activities” of her father.
Later the same afternoon, the police employed similar tactics on Qin Yongpei's older daughter, who had just come of age. They questioned her continuously about whether her father had ever criticised the Chinese Communist Party and the Chinese government, or discussed politically sensitive issues. They also asked whether he had ever taken her to social gatherings or introduced her to his circle of friends.
Deng Xiaoyun, Qin Yongpei's wife, publicised the information immediately after learning that her daughters were taken for questioning. She later received a call from the police claiming they had taken her younger daughter to the police station to return a previously confiscated camera. Both daughters refused to give statements when they learned the police intended to record their testimony. Legal experts indicated that the police's actions were inappropriate and violated the family members' right to refuse to testify.

11 March 2020: Qin Yongpei's defence lawyer, Li Guisheng, went to review the case files. Despite numerous attempts, all requests to meet Qin Yongpei were repeatedly denied for reasons such as the “suspension of visitations during the pandemic” or that the case involved “state secrets.”
After Qin Yongpei was first detained in October 2019, his wife Deng Xiaoyun actively spoke out, making as much information about her husband and family members public as possible. Harassment and threats against the Qin family were ongoing.

April 2020: Authorities escalated their measures aiming to pressure Deng Xiaoyun into ceasing her Twitter updates about him.
According to Deng Xiaoyun, officials from the Nanning Stability Maintenance Office and local police spoke to many of Qin Yongpei's relatives. These included his mother and four sisters, as well as Deng Xiaoyun’s father and brothers. They even located the workplace of Qin Yongpei’s eldest daughter for further harassment. For instance, public security officers approached Deng Xiaoyun's elder brother, threatening that she would be arrested if she continued speaking out on Twitter. They also spoke to her younger brother and father, asking them to convey the message that she should stop advocating for Qin Yongpei on Twitter.
Authorities from another office approached Qin Yongpei’s fourth sister, asking her to relay a “well-intended reminder” to Deng Xiaoyun to “not engage in illegal activities for the sake of their children.” On the same afternoon, they went to Qin Yongpei's hometown to speak to his elderly mother, advising her to persuade her daughter-in-law to stop hiring lawyers for him. Local street-level officials also approached his eldest daughter at work, demanding that she control her mother's online statements, accompanied by threats and intimidation.

May 2020: Qin Yongpei was granted permission to meet with his lawyer for the first time after nearly seven months in detention. He stated that his arrest was related to his whistleblowing activities against multiple Guangxi officials. Throughout his detention, his communication rights had been restricted, and legal documents were confiscated. After reviewing the “Prosecution Opinion Letter” prepared by the Procuratorate, he concluded that his case was a targeted retaliation by influential figures in Guangxi, including those he had previously whistleblown against.
Qin Yongpei informed his lawyers that since his detention, he had not received any letters from the outside world, including from friends, family, or lawyers. He had attempted to mail letters but was unsuccessful. His complaints against various public security organizations were also confiscated. During his nearly seven months in detention, he was not informed of any lawyers appointed for his defence, and he was not allowed to converse with other inmates

31 August 2020: Lawyers Lu Siwei and Li Guisheng met with Qin Yongpei as the case was about to enter the trial stage. Qin Yongpei noted that he would refuse to cooperate with pre-trial conferences and court hearings if the court used "secret files" as a reason to prevent lawyer access. He was adamant about his innocence.

4 December 2020: Experts in UN Human Rights Office issued a communication (AL CHN 20/2020) to China, concerning about the situation of Qin Yongpei. UN human rights experts questioned Qin Yongpei's detention and treatment, including the revocation of his lawyer's license, arrest without warrant, and denial of legal representation. They were also troubled by the charges of “inciting subversion of state power” based on social media postings, and the overall lack of transparency and due process in his case.

December 2020: Qin Yongpei was visited by his defence lawyer Li Guisheng at the Nanning First Detention Centre. During the visit, Qin maintained a cheerful demeanor, asking the lawyer to send his regards to his wife and expressing hope that she and their daughters would remain optimistic and independent. At that time, his case had been officially filed in court for over six months, but there was no progress. Neither the lawyers nor the family members received any official updates or notices of postponement. Qin Yongpei had already been in detention for over a year, exceeding the standard period for detention without trial.
According to information revealed by Deng Xiaoyun, the authorities consistently harassed their daughters since his arrest. On the morning of Li Guisheng’s visit to Qin Yongpei, relevant departments called them under the pretext of a population census, claiming there were irregularities in his eldest daughter's identification information and inquiring about her living situation. Upon receiving the answer, they directly questioned Deng Xiaoyun about her whereabouts for the day.

2021: Qin Yongpei was subjected to extended detention through various tactics employed by the authorities, including delay, supplementary investigations, and limitations on the trial’s duration. His whereabouts became unknown, and his family has been unable to ascertain his status at the detention centre.

18 January 2021: Deng Xiaoyun, Qin Yongpei's wife, received a phone call from a man claiming to be from the Nanning Public Security Bureau. The caller informed Deng Xiaoyun that she could collect Qin Yongpei’s identity card and keys in the afternoon. He also stated that the authorities would lift the seal on the property where his office was located, allowing her to clear his personal belongings in collaboration with the property owner.
Feeling that the phone call was abrupt, Deng Xiaoyun immediately called the Nanning First Detention Centre. She was told that Qin Yongpei was no longer detained there and that they could not provide any information on his whereabouts. She then called the Nanning Intermediate People's Court, but the judge in charge of the case was out, and the staff member who answered the phone claimed to have no information about the case.
In a further attempt to get information,. Deng Xiaoyun called the detention centre again. The staff member responded that inquiries about Qin Yongpei’ss case must go through the investigating unit. When pressed by Deng Xiaoyun, the staff member stated that usually, after a court trial, the detainee would be transferred to a prison, who would then notify the family in writing. It was later revealed that Qin Yongpei had been transferred to the Guangxi Second Detention Center for solitary detention on 20 January 2021.

28 April 2021: Experts of UN Human Rights Office issued another communication (AL CHN 4/2021) concerning the situation of numerous Chinese human rights lawyer and defenders including Qin Yongpei.

May 2021: In early May, his mother’s health deteriorated. Qin Yongpei had once considered making a plea deal, where the length of his sentence would match the time he had already spent in detention, in hopes of gaining his freedom sooner and meeting his ailing mother. His family requested the court to allow him to see her one last time. On 9 May 2021, Mother's Day, the judge arranged a video call between him and his mother, lasting over 30 minutes.

11 July 2021: Qin Yongpei's mother passed away. The family requested his release for the funeral, but the court did not approve. The judge informed him over the phone that his mother had passed away and stated that the funeral arrangements had been made by the Political and Legal Affairs Committee.

August - December 2021: Qin Yongpei met his legal representatives on several occasions to prepare for his defence.

13 December 2021: Qin Yongpei revealed that authorities were continually pressuring him to plead guilty and cooperate with the court. He also mentioned that due to the solitary confinement, he had not had the opportunity to speak to anyone for the past two months.

27 December 2021: A pre-trial meeting was held in the detention centre. Qin Yongpei's defense lawyer, Li Guisheng, submitted a "Legal Opinion on Summoning the Following Witnesses to Testify" to the judge. The judge refused to allow witnesses to appear in court and did not permit lawyers to bring their own computers, stating that the court would provide them. It was also revealed that the first trial of the case in the Nanning Intermediate Court would not be public, and  Qin Yongpei’s daughters, relatives, and friends were not allowed to attend. Qin Yongpei's wife, Deng Xiaoyun, issued a protest statement.

31 December 2021: Qin Yongpei's trial started in a secret session. However, the trial was subsequently suspended because the presiding judge was unexpectedly injured. As a result, Qin Yongpei had been detained beyond the legal limit to date.

18 February 2022: Qin Yongpei's defence lawyer, Li Guisheng, posted on Weibo: “If Qin Yongpei's case is hard to judge, then release him first.” Li Guisheng pointed out that Article 208 of the Criminal Procedure Law stipulated that the first instance of a criminal case should not exceed three months. According to Article 158, with the approval of the higher-level people's court, it could be extended for three months, making it a total of six months. Any further extension required the approval of the Supreme People's Court, but no such approvals were seen.

13 July 2022: Qin Yongpei’s wife, Deng Xiaoyun, submitted an application to the Intermediate People's Court of Nanning City, requesting that Qin Yongpei be released on bail pending trial.

12 December 2022: Lawyer Li Guisheng called the First Detention Centre of Nanning City to request a meeting with Qin Yongpei. The detention centre declined the meeting, citing pandemic prevention measures. Despite having conducted COVID-19 tests for all staff, the centre did not arrange for lawyer visits. Li Guisheng arrived in Nanning on the previous Thursday evening and attended a day-long court session on Friday. In hopes of meeting Qin Yongpei, he stayed in Nanning over the weekend. A call to the detention centre on Monday morning was again unsuccessful due to pandemic precautions.

31 March 2023: Qin Yongpei was sentenced to a term of imprisonment of five years, with deprivation of political rights for three years. The sentence would be effective from 1 November 2019, to 31 October 2024. Qin Yongpei declared his disagreement with the verdict and has handwritten an authorisation letter, appointing his wife and daughter as his defence counsel for the appeal.

12 May 2023: Experts of UN Human Rights Office issued a communication (AL CHN 5/2023) to China once again, concerning Qin Yongpei’s five-year prison sentence for inciting subversion of state power, especially regarding the lack of transparency and due process in his case.

14 August 2023: A pre-trial conference for the appeal against his conviction was convened at the temporary court in the Second Detention Centre in Guangxi. Reports indicated that Qin Yongpei was brought to the conference in leg irons.
After the conclusion of the pre-trial conference on 14 August, Deng Xiaoyun released a statement: “Is it necessary for Qin Yongpei to wear leg irons during a pre-trial hearing? Isn't that reserved for death-row inmates? Today, the court marshals insulted him by putting him in leg irons and not allowing him to have water. They seemed to deliberately provoke him; he was visibly shaking with anger.”

September 2023: It was also revealed that Qin Yongpei continued to be held in long-term solitary confinement. Qin Yongpei’s defence lawyer argued that long-term solitary confinement was a severe violation of Article 7 of the United Nations International Covenant on Civil and Political Rights, which prohibits torture or cruel, inhuman or degrading treatment or punishment. The United Nations Human Rights Committee has pointed out in its General Comment No. 20 that prolonged solitary confinement may constitute a form of torture as prohibited Article 7 of the ICCPR. His family strongly urged the authorities to abide by international human rights law, cautioning them against further distancing themselves from human rights standards and becoming an inhuman regime.

Latest Update

On 31 March 2023, Qin Yongpei was sentenced to a term of imprisonment of five years, with deprivation of political rights for three years. He is currently appealing against the conviction.

Relevant Crime(s)
Inciting subversion of state power
Date Taken Away
31 October 2019
Date of Arrest
2 November 2019
Date of Sentencing
31 March 2023
Sentence
5 years
Location of Court
Guangxi Zhuang Autonomous Region Municipal Higher court
Date of Release
31 October 2024
Detention Location
Nanning Municipal Detention Centre No. 2
Torture / Inhuman or Degrading Treatment
Arbitrary Detention, Prolonged Solitary confinement
Access to Lawyers during Detention
No legal visits were allowed until May 2020 (7months into detention), despite repeated tries for their family lawyer. 31st August 2020, lawyers Lu Siwei and Li Guisheng visited as the case was entering the trial stage. Li Guisheng visited again in December 2020. Li Guisheng represented Qin Yongpei a year later at his pre-trial meeting, 27th December 2021. Lawyer Li Guisheng was denied the right to meet Qin Yongpei on 12th December 2022, citing pandemic prevention measures.
Human Rights Violated
No legal visits were allowed until May 2020 (7months into detention), despite repeated tries for their family lawyer. 31st August 2020, lawyers Lu Siwei and Li Guisheng visited as the case was entering the trial stage. Li Guisheng visited again in December 2020. Li Guisheng represented Qin Yongpei a year later at his pre-trial meeting, 27th December 2021. Lawyer Li Guisheng was denied the right to meet Qin Yongpei on 12th December 2022, citing pandemic prevention measures.
List of Case(s) Represented
  • Illegal detentions
  • Industrial pollution
  • Forced demolitions
  • Cases relating to the freedom of religion, including Falun Gong cases
  • Defence for other human rights lawyers