HUMAN RIGHTS: LAWYERS MEET WITH AN UPBEAT CHEN

C O N F I D E N T I A L BEIJING 023546

SIPDIS

SIPDIS

DEPT FOR DRL, EAP/CM

E.O. 12958: DECL: 11/06/2031
TAGS: PHUM PGOV CH
SUBJECT: HUMAN RIGHTS: LAWYERS MEET WITH AN UPBEAT CHEN
GUANGCHENG

REF: BEIJING 23167

Classified By: Classified by Political Internal Unit Chief Susan
Thornton. Reasons 1.4 (b) and (d).


1. (C) Summary. Members of activist Chen
Guangcheng's legal defense team traveled to Shandong
Province November 3 to visit Chen following the Linyi
Intermediate Court's decision ordering a new trial in
his case. Chen, who remains in prison but appeared
strong and in good spirits, avowed the importance of
continuing rights protection work in China, according
to lead attorney Li Jingsong. The judge who presided
at Chen's August 28 trial reportedly encouraged Chen,
telling him that the "real facts" of his case will
"become known," and prison guards refused a warden's
instruction to mistreat Chen. A date for Chen's
retrial has not been set, but it will likely be held
within the next few weeks. End summary.


2. (C) Rights advocate Hu Jia told poloff November 4
that three members of Chen Guangcheng's legal team, Li
Jingsong, Li Subin and Huang Zhengrong, traveled from
Beijing to Yinan County on November 3 to visit Chen in
the wake of the Linyi Intermediate Court's October 30
decision ordering a new trial (reftel). Following the
lawyers' arrival in Shandong Province on November 3,
officials at Yinan County detention facility permitted
Li Jingsong to meet with Chen for about 50 minutes.
Li reported that this is the first time Chen has been
allowed to meet with lawyers outside the presence of
police officials. Chen's health and spirits are
excellent, Li said, noting that he had requested that
prison authorities provide a special meal, long-life
noodles, for Chen on his November 12 birthday.


3. (C) Chen expressed gratitude for the widespread
support his case has received and asked Li to convey
to supporters his firm intention to continue his
rights protection work. Chen told Li that the most
important aspect of rights protection work lies in
implementing the action or function of law, and that
the worst possible outcome would be for people to lose
hope in the law or sit passively in the face of
challenges. Chen told Li that he continues his
efforts to promote rights protection even at the
detention facility, where he has assisted with seven
or eight rights-protection cases.


4. (C) Li said Chen remains confident in Chinese
society and the force of justice within it, based on
his experience with individuals administering China's
criminal justice system in his case. Chen reportedly
told Li that the judge who presided at his August 28
trial, Wang Hui, encouraged Chen not to "regard
everyone as bad" because the "real facts" in Chen's
case will "eventually become known." Based on this,
Li believes the judge understands that the trial was
unjust. In addition, Chen told Li he has dealt
directly with more than ten policemen and that, of
these, only two or three were devoid of conscience or
a sense of justice. Chen said that when a prison
warden told guards to mistreat him in late July,
subordinate guards refused to do so.


5. (C) A date for Chen's retrial has not been set, but
Hu said it should take place within the next few
weeks. In the meantime, Chen's lawyers have returned
to Beijing. Chen supporters have launched a public
letter-writing campaign to encourage Shandong Province
officials to enforce the law in Chen's case, find Chen
innocent and free him.
Randt