HUMAN RIGHTS: CHEN GUANGCHENG TRIAL POSTPONED;

C O N F I D E N T I A L BEIJING 023955

SIPDIS

SIPDIS

DEPT FOR DRL, EAP/CM

E.O. 12958: DECL: 11/21/2031
TAGS: PHUM PGOV CH
SUBJECT: HUMAN RIGHTS: CHEN GUANGCHENG TRIAL POSTPONED;
LAWYERS URGE CONTINUED INTERNATIONAL ATTENTION

REF: BEIJING 23815

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


1. (C) Summary. Chen Guangcheng's wife reported to
poloff that Chen's retrial, previously scheduled for
November 20, was postponed. Chen's lawyer, Li
Fangping, believes the trial will go forward on
November 27, after the trial judge has had more time
to prepare and local officials have "prepared the
ground" by intimidating potential witnesses. Chen's
lawyers said that they are optimistic that the retrial
result will favor Chen, but they acknowledged that
such a result would likely involve political
manipulation of the court. They argued, however, that
the appearance of a just result, even if arrived at
unjustly, would elevate people's faith in the legal
system and spur rights consciousness. End summary.


2. (C) Chen Guangcheng's wife, Yuan Weijing, told
poloff that the Yinan County court in Shangdong
Province decided to postpone Chen's retrial on charges
of obstructing traffic and destroying public property.
Lead attorney Li Fangping told poloff on November 21
that he believes the retrial will take place November
27, though no new date has yet been set for the
retrial. Li said he will have an opportunity to meet
with Chen again before the trial.


3. (C) Attorney Li speculated that Chen's retrial was
postponed because the judge needs more time to study
applicable trial procedure, in order to avoid the
blatant errors made in the original trial proceeding.
Li added that local authorities may also require more
time to "prepared the ground" for the trial by
intimidating witnesses called by Chen's lawyers to
testify at the retrial. Officials want to minimize
witness participation, Li said, in order to limit
information flowing out of the Yinan County courtroom.
Li Fangping and Jiang Tianyong, another of Chen's
lawyers, told poloff they expect that no witnesses
will testify at the retrial.


4. (C) The attorneys told poloff that they do not
believe the decision to grant Chen a retrial reflects
real commitment to the rule of law on the part of
government officials. China's Central Government,
they explained, put pressure on Shandong officials to
conduct a retrial to create an appearance of respect
for rule of law and to deflect criticism of China's
legal system. Central Government officials are
concerned that continued execution of the original
judgment against Chen will foment anger among Chen's
supporters and lead to possible unrest. Chinese
leaders, the lawyers asserted, want to avoid further
international criticism related to Chen's case.


5. (C) Despite Li Fangping's view that Chinese
officials are not motivated by genuine respect for
rule of law, he is optimistic that the retrial will
produce a favorable result for Chen. Li said he would
urge supporters, including foreign governments, to
maintain pressure for Chen's release. Li acknowledged
U.S. Government involvement in Chen's case and said he
hoped for a more proactive position on the part of EU
countries.


6. (C) Although Li suspects that extra-legal
considerations will dictate the result in Chen's
retrial, he argued that the mere appearance of a just
result will increase citizens' faith in the legal
system and spur rights consciousness. A positive
outcome for Chen will heighten public expectations for
rule of law, send a message that local government
officials must tread more carefully in future cases
and strengthen the hand of lawyers and journalists
committed to promoting rights protection.
Randt