HUMAN RIGHTS: CHEN GUANGCHENG'S LAWYERS DETAINED

C O N F I D E N T I A L BEIJING 017031

SIPDIS

SIPDIS

DEPT FOR DRL, EAP/CM

E.O. 12958: DECL: 08/18/2031
TAGS: PHUM PGOV CH


SUBJECT: HUMAN RIGHTS: CHEN GUANGCHENG'S LAWYERS DETAINED

REF: BEIJING 16960

CLASSIFIED BY: CLASSIFIED BY POLITICAL INTERNAL UNIT CHIEF SUSAN
THORNTON. REASONS 1.4 (B) AND (D).


1. (C) SUMMARY. LEGAL ACTIVIST CHEN GUANGCHENG'S
DEFENSE LAWYERS XU ZHIYONG AND LI FANPING WERE
DETAINED AUGUST 18 PRIOR TO CHEN'S TRIAL IN SHANDONG'S
YINAN COUNTY, WHICH BEGAN AT 2:30 P.M. POLICE BARRED
CHEN'S WIFE AND MOTHER FROM ATTENDING CHEN'S TRIAL,
BUT CHEN'S OLDER BROTHER WAS TO HAVE BEEN PERMITTED TO
REPRESENT THE FAMILY AT THE TRIAL. SHANDONG PROVINCE
AUTHORITIES DENIED THE EMBASSY'S REQUEST TO ATTEND THE
TRIAL. THE DCM RAISED THE LAWYERS' DETENTIONS WITH
MFA NORTH AMERICA DIRECTOR GENERAL LIU JIEYI ON AUGUST

18. RIGHTS LAWYERS ARE DESCRIBING THE HANDLING OF
CHEN'S CASE AS A GRAVE SETBACK FOR RULE OF LAW IN
CHINA. END SUMMARY.


2. (C) BEIJING-BASED DEMOCRACY ACTIVIST HU JIA AND
OTHER SOURCES REPORTED AUGUST 18 THAT CHEN
GUANGCHENG'S DEFENSE LAWYERS XU ZHIYONG AND LI FANPING
HAVE BEEN DETAINED IN SHANDONG PROVINCE. (NOTE: XU
ZHIYONG IS A LOCAL PEOPLE'S CONGRESS REPRESENTATIVE IN
BEIJING AND FORMER YALE FELLOW. END NOTE.) HU SAID
XU WAS PLACED IN CUSTODY AT THE YINAN COUNTY POLICE
DETENTION CENTER ON THE EVENING OF AUGUST 17, AFTER
THUGS ACCUSED HIM OF STEALING ANOTHER PERSON'S BAG.
COLLEAGUES SAY THE CHARGE IS INCREDIBLE AND HAVE ASKED
POLICE TO RELEASE XU. JIANG TIANYONG, ANOTHER OF
CHEN'S DEFENSE LAWYERS, TOLD POLOFF HE IS BEING
FOLLOWED BY POLICE IN BEIJING. CHEN'S WIFE, YUAN
WEIQING, SAYS SHE HAS HEARD OTHER LAWYERS ARE BEING
HELD AT A GUESTHOUSE PENDING CONCLUSION OF THE TRIAL,
THOUGH SHE COULD NOT CONFIRM WHO OR HOW MANY.


3. (C) YUAN WEIQING ALSO SAID SHE AND CHENS MOTHER
REMAIN UNDER HOUSE ARREST, RESTRICTED FROM LEAVING
HOME TO ATTEND THE TRIAL. OFFICIALS EARLIER SAID CHEN
GUANGCHENG'S OLDER BROTHER, CHEN GUANGFU, COULD
REPRESENT THE FAMILY AT THE TRIAL, BUT FAMILY MEMBERS
WERE UNABLE TO CONFIRM WHETHER HE WAS ACTUALLY
PERMITTED TO ATTEND. ACCORDING TO HU, THERE WAS AN
UNUSUALLY HEAVY POLICE PRESENCE IN THE AREA
SURROUNDING THE YINAN COURTHOUSE, INCLUDING MANY
POLICE VEHICLES WITHOUT THE NORMAL POLICE LICENSE
PLATES.


4. (C) ON AUGUST 16, THE EMBASSY REQUESTED PERMISSION
TO ATTEND AND OBSERVE CHEN'S AUGUST 18 TRIAL. THE
SHANDONG PROVINCIAL FOREIGN AFFAIRS OFFICE DENIED THE
EMBASSY'S REQUEST ON AUGUST 17, CLAIMING THAT
FOREIGNERS ARE NOT ALLOWED TO ATTEND JUDICIAL
PROCEEDINGS INVOLVING CHINESE CITIZENS.


5. (C) HU JIA SAID THAT LAWYER GAO ZHISHENG, WHO LAST
MONTH ORGANIZED LAWYERS TO PROTEST AT CHENS POSTPONED
JULY 20 HEARING, REMAINS IN DETENTION ELSEWHERE IN
SHANDONG PROVINCE (REFTEL). GAO WAS DETAINED ON
AUGUST 15. ACCORDING TO HU, THE BEIJING MUNICIPAL
BUREAU OF PUBLIC SECURITY ANNOUNCED ON AUGUST 18 THAT
GAO IS SUSPECTED OF INVOLVEMENT IN UNSPECIFIED
CRIMINAL ACTIVITY. IT IS NOT CLEAR WHETHER GAO'S
DETENTION WAS COORDINATED WITH THE DETENTIONS OF XU
AND LI.


6. (C) THE DCM STRONGLY PROTESTED THE DETENTIONS OF
CHEN'S ATTORNEYS TO MFA NORTH AMERICA AND OCEANIAN
AFFAIRS DIRECTOR GENERAL LIU JIEYI ON AUGUST 18. IN A
SEPARATE AUGUST 18 MEETING, POLOFF RAISED THE LAWYERS'
DETENTIONS WITH MFA INTERNATIONAL ORGANIZATIONS HUMAN
RIGHTS DIVISION OFFICER XU JING AND PROTESTED LACK OF
ACCESS TO CHEN'S TRIAL PROCEEDINGS. ACKNOWLEDGING
THAT THE CASE WOULD GENERATE WIDESPREAD AND NEGATIVE
MEDIA COVERAGE OUTSIDE CHINA, XU SAID THE MFA WOULD
LOOK INTO THE CASE AND PROVIDE AN OFFICIAL RESPONSE
CLARIFYING THE "TRUE DETAILS."


7. (C) COMMENT: THIS IS THE MOST SWEEPING ROUNDUP OF
RIGHTS LAWYERS IN CHINA IN RECENT MEMORY. LOCAL
SHANDONG AUTHORITIES APPEAR TO BE ACTING, AT LEAST IN
PART, IN CONCERT WITH BEIJING TO PREVENT CHEN'S
LAWYERS AND FAMILY FROM ATTENDING HIS TRIAL AND, IN
THE CASES OF XU AND GAO, TO THREATEN RETALIATORY
CRIMINAL PROCEEDINGS. CHINESE RIGHTS LAWYERS ARE
DESCRIBING THE HANDLING OF CHEN'S CASE AND THE
DETENTIONS AS A GRAVE SETBACK FOR THE RULE OF LAW IN
CHINA. END COMMENT.
SEDNEY