MFA ON CHEN GUANGCHENG, REBIYA KADEER'S ADULT

C O N F I D E N T I A L BEIJING 015641

SIPDIS

SIPDIS

E.O. 12958: DECL: 07/27/2016
TAGS: PHUM PREL KIRF CH
SUBJECT: MFA ON CHEN GUANGCHENG, REBIYA KADEER'S ADULT
SONS, YANG JIANLI AND HOUSE CHURCHES

REF: A) BEIJING 15316 B) STATE 119437

CLASSIFIED BY: POLITICAL MINISTER COUNSELOR DANIEL
SHIELDS. REASONS 1.4 (B/D).


1. (C) SUMMARY: IN A MEETING WITH MFA INTERNATIONAL
ORGANIZATIONS DEPARTMENT DEPUTY DIRECTOR GENERAL SHEN
YONGXIANG, POLITICAL MINISTER COUNSELOR RAISED USG
CONCERN OVER:

- THE PROSECUTION OF BLIND LEGAL ACTIVIST CHEN
GUANGCHENG,

- THE REPORTEDLY UPCOMING TAX EVASION TRIAL OF REBIYA
KADEER'S ADULT SONS AND THE EMBASSY'S DESIRE TO
OBSERVE THE PROCEEDINGS AND

- THE LONG-PENDING UNITED STATES' REQUEST THAT CHINA
RELEASE AMERICAN LEGAL PERMANENT RESIDENT YANG JIANLI.

DDG SHEN SAID U.S. REPRESENTATIONS REGARDING THE CASE
OF CHEN GUANGCHENG AND THE CASE OF THE SONS OF REBIYA
KADEER CONSTITUTE INTERFERENCE IN CHINA'S INTERNAL AND
JUDICIAL AFFAIRS AND ARE INAPPROPRIATE. POLMINCOUNS
REJECTED THE IDEA THAT THERE IS ANYTHING INAPPROPRIATE
ABOUT RAISING THE FULL RANGE OF HUMAN RIGHTS CONCERNS,
INCLUDING INDIVIDUAL CASES, THROUGH DIPLOMATIC
CHANNELS. END SUMMARY.


2. (C) FOLLOWING UP ON REF A EXCHANGES, POLMINCOUNS
USED A JULY 28 MEETING WITH DDG SHEN TO REINFORCE THE
USG MESSAGE (REF B) THAT CHINA SHOULD DROP CHARGES
AGAINST LEGAL ACTIVIST CHEN GUANGCHENG AND RELEASE
HIM. DDG SHEN SAID HE WAS AWARE OF THE U.S.
REPRESENTATIONS, BUT CHINA IS A COUNTRY RULED BY LAW.
DDG SHEN SAID U.S. REPRESENTATIONS REGARDING THE CASE
OF CHEN GUANGCHENG AND THE CASE OF THE SONS OF REBIYA
KADEER CONSTITUTE INTERFERENCE IN CHINA'S INTERNAL AND
JUDICIAL AFFAIRS AND ARE INAPPROPRIATE. POLMINCOUNS
REJECTED THE IDEA THAT THERE IS ANYTHING INAPPROPRIATE
ABOUT RAISING THE FULL RANGE OF HUMAN RIGHTS CONCERNS,
INCLUDING INDIVIDUAL CASES, THROUGH DIPLOMATIC
CHANNELS.

U.S. OBSERVER TO KADEER SONS' TRIAL?
--------------


3. (C) REGARDING THE REPORTEDLY UPCOMING TRIAL OF
REBIYA KADEER'S ADULT SONS, POLMINCOUNS STRESSED THAT
THE TAX EVASION CHARGES AGAINST KADEER'S SONS APPEAR
TO BE RETALIATION FOR THEIR MOTHER'S ACTIVISM IN THE
UNITED STATES. HE NOTED THAT THE EMBASSY HAS BEEN IN
TOUCH WITH THE SUPREME PEOPLE'S COURT REGARDING THE
EMBASSY'S DESIRE TO SEND AN OBSERVER TO THE TRIAL AND
URGED THAT THE MFA SUPPORT THIS. DDG SHEN AGREED TO
DISCUSS THE MATTER WITH THE SUPREME PEOPLE'S COURT,
BUT EXPRESSED HIS PERSONAL VIEW THAT THE COURT WOULD
DENY THE EMBASSY PERMISSION TO SEND AN OBSERVER.
PUBLIC TRIALS ARE NOT "SYSTEMATICALLY" OPEN TO
FOREIGNERS IN CHINA, DDG SHEN SAID. THERE IS NO BASIS
IN INTERNATIONAL LAW FOR FOREIGNERS TO ATTEND TRIALS
IN CHINA, HE ADDED. POLMINCOUNS COUNTERED THAT THERE
IS NOTHING IN INTERNATIONAL LAW THAT PROHIBITS
FOREIGNERS FROM ATTENDING TRIALS IN CHINA AND THAT
CHINESE LAW PROVIDES FOR PUBLIC TRIALS. THE UNITED
STATES AND CHINA ARE BOTH INTERESTED IN PROMOTING THE
RULE OF LAW IN CHINA. CHINA SHOULD ALLOW A U.S.
EMBASSY OBSERVER AT THE TRIAL IN THE INTEREST OF
TRANSPARENCY. (NOTE: THE SUPREME PEOPLE'S COURT
DENIED TO THE EMBASSY ON JULY 27 REPORTS THAT THE
TRIAL WOULD TAKE PLACE ON JULY 28. END NOTE.)


4. (C) POLMINCOUNS REAFFIRMED LONGSTANDING USG
HUMANITARIAN CONCERNS ABOUT AMERICAN LEGAL PERMANENT
RESIDENT DR. YANG JIANLI AND URGED THAT YANG BE
RELEASED IMMEDIATELY. DDG SHEN REPEATED THE CHINESE
POSITION OUTLINED REF A THAT CHINA HAD CONSIDERED
RELEASING DR. YANG EARLY, BUT "UNFORTUNATE
DEVELOPMENTS" HAD PREVENTED THIS. (NOTE: REF A MADE
EXPLICIT THE CHINESE VIEW THAT THESE DEVELOPMENTS
INCLUDED THE VISIT TO THE UNITED STATES OF THE DALAI
LAMA. END NOTE.) POLMINCOUNS NOTED THAT DR. YANG HAS
ONLY EIGHT MORE MONTHS REMAINING ON HIS SENTENCE AND
URGED CHINA TO NOT LET POLITICAL ISSUES STAND IN THE
WAY OF HIS PROMPT RETURN TO HIS FAMILY IN THE UNITED
STATES.

HOUSE CHURCHES AND REGISTRATION
--------------


5. (C) THE UNITED STATES CONTINUES TO PAY CLOSE



ATTENTION TO, AND TO BE CONCERNED ABOUT, THE
HARASSMENT OF PROTESTANT HOUSE CHURCHES, POLMINCOUNS
SAID. HE URGED CHINA TO PERMIT SUCH GROUPS TO OPERATE
WITHOUT AFFILIATING WITH THE OFFICIAL THREE SELF
PROTESTANT MOVEMENT. THE GOVERNMENT SHOULD NOT
REQUIRE HOUSE CHURCHES TO PROVIDE INFORMATION ABOUT
CHURCH MEMBERS AND BAPTISMS TO THE GOVERNMENT.


6. (C) DDG SHEN DENIED THE EXISTENCE OF HOUSE CHURCHES
IN CHINA. CHINA PERMITS FOLLOWERS OF SOME RELIGIOUS
TRADITIONS TO MEET WITH FRIENDS AND FAMILY IN THEIR
HOMES, BUT THESE SHOULD NOT BECOME FORMAL PLACES OF
WORSHIP, OTHERWISE THEY MUST REGISTER, HE SAID.
POLMINCOUNS PUSHED BACK, NOTING THAT CHINESE DO MEET
IN HOUSE CHURCHES, REGARDLESS OF WHETHER THE
GOVERNMENT RECOGNIZES THEM OR WHAT IT CALLS THEM. HE
SAID THAT INTERNATIONAL STANDARDS OF FREEDOM OF BELIEF
AND CONSCIENCE REQUIRE THAT SUCH WORSHIPPERS BE
ALLOWED TO MEET FOR PEACEFUL RELIGIOUS PURPOSES
WITHOUT GOVERNMENT HARASSMENT.
RANDT