November 2023 | Report on Chinese Lawyers' Mental Health Issues | Enforced Disappearances | Receipt of Human Rights Awards And Challenges

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Ding Jiaxi and Xu Zhiyong’s Appeal Upheld Original Verdict

Chinese human rights lawyer Ding Jiaxi and legal scholar Xu Zhiyong were convicted of subverting state power and sentenced to 12 and 14 years in prison in April 2023. Their appeal was heard on 24 November 2023, and the original verdict was upheld by the Linyi County Court in Shandong Province. Ding Jiaxi and Xu Zhiyong are among the human rights lawyers and legal scholars who have received the harshest sentences since the 709 Crackdown in 2015.

Ding Jiaxi’s wife, Luo Shengchun, spoke to the media, saying she expected the outcome of the appeal. However, she criticised the appeal trial as ludicrous, highlighting that the process greatly deviated from proper legal procedures. This included the absence of a lawful hearing from start to finish and the secrecy surrounding the judgment, which was not shared with the family and required lawyers to sign confidentiality agreements, rendering the entire legal process absurd and lawless.

According to Luo Shengchun, on the day of the verdict, court officers barred the lawyers from entering the courthouse and even forbid them from speaking to Ding Jiaxi and Xu Zhiyong in court. Following the verdict, Ding Jiaxi and Xu Zhiyong are set to be transferred to prison, with the details of when and where still unknown. Luo Shengchun emphasised her intention to closely monitor their prison life, fearing mistreatment and urging continued international attention to their plight.

Chow Hang Tung, Ding Jiaxi and Xu Zhiyong Receive Human Rights Award from Council of Bars and Law Societies of Europe (CCBE)

On the same day the verdict was handed down, Ding Jiaxi, Xu Zhiyong, and Chow Hang Tung – the former vice-chairperson of the Hong Kong Alliance in Support of Patriotic Democratic Movements of China and also a human rights lawyer who is currently detained in Hong Kong – were jointly awarded the Human Rights Award by the Council of Bars and Law Societies of Europe (CCBE). CCBE says the Award recognises their longstanding dedication to defending human rights and the rule of law, marked by courage, determination, commitment, and notable sacrifices. Panagiotis Perakis, president of CCBE, expressed concern over the plight of human rights lawyers in China.

The Award was presented to the three lawyers in absentia at the CCBE General Assembly in Athens on 24 November 2023. Perakis said that CCBE would continue to closely monitor developments and provide support to Chinese lawyers in need, emphasising the unacceptable targeting of lawyers for their legitimate activities.

Luo Shengchun, accepting the award on behalf of her husband Ding Jiaxi, expressed pride in Ding Jiaxi’s courage and commitment being acknowledged but felt sadness and anger over the incarceration of talented legal professionals like Ding Jiaxi and Xu Zhiyong, who have wasted their lives and intellect in prison. Reflecting on the contrast between Europe’s demonstration of democracy and civility and China’s regression, she stressed that the verdict of the appeal against Ding Jiaxi and Xu Zhiyong are just empty words in a system devoid of legal justice. You can read her full speech here: https://t.co/kXhx8VPInb

For Chow Hang Tung, CCBE noted that she has been imprisoned and faced charges for peacefully expressing her views. CCBE said that to reduce Chinese retaliation against her, Chow Hang Tung could only increase her visibility and make the free world aware of the unfair treatment she and other human rights advocates endure. Awarding her recognises the significant milestone of her persistent efforts in promoting human rights.

Patrick Poon accepted the award on behalf of Chow Hang Tung, and read a speech she had written upon learning of the receipt of the Award. Her speeech reflected on the paradox of a lawyer imprisoned for upholding the law, questioning the real-world application of legal principles in oppressive systems. She critiqued the gap between the idealised concept of law as a guardian of justice and the reality of laws being tools of power, manipulated by those in authority. Using examples from history and the current situation in Hong Kong, Chow Hang Tung illustrated how laws were often applied to enforce unjust agendas. She argued for the necessity of re-evaluating the role of law and lawyers, emphasising the importance of democratic institutions in ensuring that laws reflect and protect genuine justice and human rights. You can read her full speech here: https://t.co/wIjegRLhQe

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

Yu Wensheng’s son attempted suicide due to extended police surveillance but is now out of danger

On 18 November 2023, Yu Wensheng’s and Xu Yan’s son, Yu Zhenyang, attempted suicide due to enduring extensive and prolonged police surveillance. After being rushed to the hospital, he is now out of life-threatening condition. On 20 November 2023, lawyer Liang Xiaojun visited Yu Zhenyang in hospital and reported that Zhenyang was conscious and being treated by the doctor. This incident should prompt attention and demands for the Chinese Communist authorities to immediately release Yu Wensheng and Xu Yan, initiate a judicial accountability process, and provide an explanation to both the family and the public.

Yu Wensheng and Xu Yan were intercepted by plainclothes national security officers on 13 April 2023 while en route to the EU Delegation in China. Since then, the couple has been held in incommunicado detention. On the evening of 15 April 2023, multiple police officers visited Yu Wensheng’s residence, informing Yu Zhenyang, who had just turned 18, of his parents’ criminal detention. The officers did not provide any written documentation nor permit photographs to be taken. They also conducted a search of the house and confiscated personal items without presenting a search warrant. Since then, Yu Zhenyang has been under intense surveillance, with police officers constantly monitoring the entrance to his home and accompanying him even during meals with friends and relatives.

On 21 May 2023, Yu Wensheng’s brother was notified of the couple’s charge of picking quarrels and provoking troubles. The couple has remained incommunicado since their detention, and it is revealed that they now will likely face charges including inciting subversion of state power. In July and October 2023, their defence lawyer was denied meeting with Yu Wensheng and Xu Yan.

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

Mental Health Report Launch Event by The 29 Principles on 23 November 2023

The 29 Principles released its Mental Health Report 2023 in October, addressing the mental trauma experienced by lawyers in China due to political violence. The Report recently gained further visibility through its launch event held on 23 November 2023. The Mental Health Report provides an in-depth analysis of the methods of political violence against human rights lawyers, its impact on their mental well-being and that of their families, and the challenges in accessing mental health services.

The launch event featured speakers including Li Fangping, a prominent Chinese human rights lawyer; Yang Bin, a former Chinese prosecutor now working as a defence lawyer; and Zhang Chunxiao, the wife of Chinese human rights lawyer Lu Siwei. These speakers shared their personal experiences, shedding light on the psychological effects of torture and persecution, the emotional distress caused by uncertainty regarding the fate of detained individuals, and the hurdles stemming from a lack of judicial independence. Their testimonies underlined the report’s findings and underscored the critical need for enhanced mental health support for human rights advocates in China. You can read transcripts of their speeches in our press release here: https://29principles.uk/en/mrlpr

Following their sharing, a panel discussion included Dr. Vladimir Jovic, a psychiatrist and trustee of The United Nations Voluntary Fund for Victims of Torture; Sophie Cornford, programme manager for The Rights Practice; and Robin, a professional in psychological counselling for human rights lawyers. The panelists discussed the enduring psychological impacts of torture and the therapeutic value of sharing personal stories. The discussion emphasised the importance of mental health support and acknowledged the unique challenges faced by human rights lawyers, advocating for collective efforts to address these issues effectively.

Health Crisis for Lawyer Chi Susheng Following Unlawful Detention at Xuanwei Court

On 6 November 2023, Lawyer Chi Susheng discovered that her mobile phone, which she had left in a court-designated cabinet, was missing. Upon enquiring about its whereabouts, she was forcibly detained by bailiffs and special police officers within the court premises. Subsequently, she was taken to another room, with other lawyers prevented from seeing her. During this incident, tragically, Lawyer Chi Susheng suffered a heart attack and was urgently transported to the emergency room of Xuanwei First People's Hospital. She was diagnosed with myocardial ischemia, a severe medical condition. Since then, Lawyer Chi Susheng has been out of contact with her family.

It later emerged that court officers had confiscated her phone after Lawyer Chi took photographs of dozens of tiger stools displayed at the court’s building. Tiger stools are notoriously known as “torture chairs,” and are widely used by authorities in China during the incommunicado detention of human rights lawyers and defenders. The Vice-President of Xuanwei Court subsequently demanded that Lawyer Chi delete the photos, a request she refused. The court then withheld Lawyer Chi’s phone, informing her she could contact the police if dissatisfied with their decision. This infuriating response from the Vice-President is believed to have triggered Lawyer Chi’s health conditions. Approximately a day later, the President of Xuanwei Court returned her phone, offering an apology for the incident.

Chakra Ip from The 29 Principles has voiced deep concern over the unwarranted seizure of Lawyer Chi’s phone and the subsequent impact on her well-being. She stressed the critical need to safeguard Lawyer Chi’s safety, freedom, and her right to carry out her professional responsibilities without improper interference.

Human Rights Lawyer Tang Jitian Faces Enforced Disappearance for Nearly 20 Days

On 24 November 2023, WeiquanWang reported that human rights lawyer Tang Jitian has been subjected to an enforced disappearance for nearly 20 days. His last communication was through his WeChat posts on 4 November 2023, shortly after attending a funeral in Jilin province. Since then, he has been unreachable. This is not the first instance of enforced disappearance for Tang Jitian; he previously endured over a year of such circumstances.

In May 2021, Tang Jitian’s daughter, Tang Zhengqi, who lives in Japan, suffered brain edema as a complication of tuberculosis. She remained in coma for two years. Despite these critical family circumstances, the Chinese authorities have persistently refused Tang Jitian permission to travel to Japan to visit his daughter.

See more details about Tang Jitian on our website.

Latest Updates to The 29 Principles’ Lawyers’ Database

The 29 Principles is continually updating our Lawyer Database, which tracks the challenges faced by human rights lawyers and advocates in China. This month, we've updated the profiles of Li Heping, Qin Yongpei, Wang Quanzhang, Zhou Shifeng. For more details on other human rights lawyers and defenders in China, please visit our website.

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