October 2023 | Latest update on human rights lawyer Lu Siwei, Li Yuhan, Hao Jinsong & Ding Jiaxi | New charges for Yu Wensheng & Xu Yan | 29P Mental Health Report

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UPDATES ON CHINA

Lu Siwei deported to China from Laos

On 29th October, Chinese human rights lawyer Lu Siwei was released on bail after having been detained in Chengdu's Xindu Detention Centre following his deportation from Laos.

Lu Siwei was apprehended by Laotian authorities in July 2023 while en route to the United States and was deported to China in September 2023. His lawyer in Laos informed the family on 14 September that Lu Siwei, along with 50 other Chinese nationals, had been repatriated. His exact whereabouts remained unknown for nearly a month until the family received a notice from Xindu Detention Centre on 4 October, asking for the provision of clothes, medicine, and money. The family also learned that Lu has been suffering from a severe skin condition and has lacked medication for over two months.

During detention a Beijing lawyer retained by Lu’s family was denied access to him and was unable to consult with Lu due to the presence of two other lawyers. Lu Siwei’s wife, Zhang Chunxiao, expressed concern over the lack of clarity regarding Lu's charges and health status. In an interview with Radio Free Asia (source only available in Chinese), she indicated that both family and legal representatives have limited information about Lu Siwei's situation, including the charges against him.

In China, it's common for government-appointed lawyers, or Guanpai Lvshi (官派律师) to be deployed in politically sensitive cases. These lawyers essentially serve the state’s interests instead of advocating for the defendants’ legal position. They rarely communicate effectively with the family members of defendants, and they also occupy the meeting slots so as to exclude lawyers trusted and appointed by family members to meet defendants. When condemned, the regime can claim they fulfill defendants’ right to legal representative to justify their position.

In September 2023, the Chinese Embassy in Laos had sent an official document to the Laotian Ministry of Public Security stating that Lu Siwei should be criminally detained by Sichuan police on suspicion of “illegally crossing the border.” Other than a brief email reply received by The 29 Principles from the Embassy of Laos in London on the situation, the Laotian government did not provide formal reply to other requests made by other entities concerning the situation of Lu Siwei.

Zhang Chunxiao expressed her dissatisfaction with the Laotian government for misleading both the family and the international community. She stated, “The Laotian Ministry of Foreign Affairs told the United Nations and US diplomats that Siwei was still in Laos; they were saying this just a few days ago. What I don't understand is why the Laotian government dares to lie to everyone!” She also added, “[t]hey kept lying; even after he had been returned, they were still saying he was in Laos. What made them do this?”

Lu Siwei had previously defended lawyers detained during the 709 Crackdown and individuals arrested in Chengdu’s “June-Fourth Liquor Case.” His legal license was revoked in January 2021 after representing a defendant in the “12 Hongkongers Case.” Despite being barred from appearing in court, Lu continued to update family members and the public about the case.

You can read more about Lu Siwei’s profile on our website.

Chinese human rights lawyer Li Yuhan sentenced to 6.5 years to prison after being detained for 6 years

Chinese human rights lawyer Li Yuhan, detained for over six years on charges of “picking quarrels and provoking trouble” and “fraud,” faced trial on 25 October 2023 in Shenyang's Heping District People's Court, Liaoning Province, and she was immediately sentenced to six and a half years in prison on the same day. Li Yuhan indicated she would appeal against the decision. Representatives from the Delegation of the European Union to China, among other diplomats and human rights lawyers, were denied entry to the courtroom.

As of this newsletter's publication, Li Yuhan has been held for more than 2,200 days, during which she has reportedly been tortured and has suffered from severe illnesses. Despite appeals for her release on medical grounds, she remains incarcerated.

In July 2023, UN Human Rights Office experts issued a formal communication to the Chinese government regarding Li Yuhan's treatment, publicly releasing its content in September. The experts expressed “grave concern” over Li Yuhan’s ongoing arbitrary detention and deteriorating health.

For more information on Li Yuhan, visit our website.

Hao Jinsong’s appeal rejected

Public Interest Litigator Hao Jinsong's appeal was rejected by Xinzhou Court in Shanxi Province on 19 October 2023. The court upheld his nine-year prison sentence, meaning his incarceration extends until 1 January 2029. The appeal process was conducted through written proceedings, without an oral hearing, and the judgement excluded any defence arguments presented by Hao Jinsong’s defence lawyer.

A distinguished civil rights activist and legal professional, Hao Jinsong is known for his unyielding advocacy for the rule of law and workers' rights. He has spearheaded various public welfare initiatives and has drawn attention to broader civil and labour rights issues through litigation against Chinese authorities over seemingly minor, yet impactful, legal matters.

For more information on Hao Jinsong, visit our website.

Yu Wensheng and Xu Yan additionally charged for inciting subversion of state power

The 29 Principles has learned that prominent Chinese human rights lawyers Yu Wensheng and his wife Xu Yan are facing charges of inciting subversion of state power, in addition to a prior charge of picking quarrels and provoking troubles. Legal representatives for the couple unsuccessfully attempted to obtain prosecution documents and to meet with them on 23 October 2023. The representing lawyers have now lodged a complaint regarding this absence of case related documents and also the prohibition of meeting the couple.

Yu Wensheng and Xu Yan have been in detention since 13 April 2023, when they were on their way to meet the Delegation of the European Union to China upon invitation. On 21 May 2023, Yu Wensheng’s brother was notified that the couple's arrest had been authorised on the charge of picking quarrels and provoking troubles. It has now emerged that they will also face charges under the national security offence of inciting subversion of state power.

Both Yu Wensheng and Xu Yan are leading figures in human rights advocacy in China. They are resolute in their commitment to human rights, exemplifying advocacy in a severely restrictive and repressive environment.

For more on Yu Wensheng and Xu Yan, visit our website.

Worrying health conditions of Ding Jiaxi in prison

In October 2023, lawyer Peng Jian visited human rights lawyer Ding Jiaxi at the Linyi County Detention Centre in Shandong Province. Ding Jiaxi is serving a prison sentence for subverting state power. Peng Jian discovered that Ding’s blood pressure has been elevated for several months. Despite medical intervention, the blood pressure remained abnormally high. Multiple readings in early September 2023 indicated levels consistently around 180, peaking at 190. Even after medication, the levels persisted at around 160.

Ding Jiaxi and legal scholar Xu Zhiyong are key activists in the New Citizens’ Movement. Their cases were adjudicated at the Shandong County Court on 10 April 2023. Xu Zhiyong received a 14-year sentence, while Ding Jiaxi was sentenced to 12 years and is currently appealing the verdict.

For more on Ding Jiaxi and Xu Zhiyong, visit our website.

THE 29 PRINCIPLES UPDATES

Mental Health Report

The 29 Principles has released its Mental Health Report 2023, which provides a comprehensive framework for understanding the mental trauma endured by lawyers due to China’s political violence. The report scrutinises the methods of political violence deployed against human rights lawyers and the subsequent ramifications on their mental well-being, as well as that of their families. It also delves into barriers impeding access to mental health services, and concludes with three recommendations for the future provision of mental health services to human rights defenders in China.

A launch event and panel discussion for the report are forthcoming; details and registration information will be provided in future updates on The 29 Principles' X (formerly Twitter) feed.

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 Yuhan, Hao Jinsong, Lu Siwei and Qin Yongpei (to be uploaded). For more details on other human rights lawyers and defenders in China, please visit our website.

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