AMBASSADOR RAISE CONCERNS OVER HUMAN RIGHTS CASES

C O N F I D E N T I A L BEIJING 024266 SIPDIS SIPDIS E.O. 12958: DECL: 12/04/2031 TAGS: PHUM CASC CH SUBJECT: AMBASSADOR RAISE CONCERNS OVER HUMAN RIGHTS CASES WITH AFM HEYAFEI Classified By: Ambassador Clark T. Rant, Jr. Reasons 1.4 (b) and (d). Summary -------------- ¶1. (C) The Ambassador expressed the United States Government's serious concerns regarding the cases of the New York Times' Zhao Yan, legal activist Chen Guangcheng and his wife, lawyer Gao Zhisheng and his wife, the sons of Rebiya Kadeer, American citizen Jude Shao and Yang Jianli during a meeting with AFM He Yafei on December 1. Regarding the Yang Jianli case, AFM He pledged to check with "prison authorities" on whether Yang has agreed to leave China unconditionally. AFM He said he had recently written a letter to the Ministry of Justice to check into the Jude Shao case. As for Rebiya Kadeer's sons, AFM He claimed they had received their "due punishment" for their long-term involvement in a "staggering amount" of tax evasion and fraud. Concerning the Zhao Yan and Chen Guangcheng cases, AFM He asserted that the cases had been handled properly in accordance with Chinese law. In response to the Ambassador's question, AFM He said China will reply "soon" to DRL A/S Lowenkron's invitation to AFM Cui Tiankai to hold human rights consultations, suggesting that China may propose an official other than Cui. End Summary. ¶2. (C) The Ambassador raised with AFM He Yafei the United States Government's serious concerns over a number of specific human rights cases during a December 1 luncheon meeting. Regarding the New York Times' Zhao Yan and legal activist Chen Guangcheng trials, the Ambassador expressed deep disappointment that appeals in both cases had been rejected. The fact that the retrial verdict in the Chen Guangcheng case simply repeats the original verdict calls into question the legitimacy of the retrial proceedings, the Ambassador stated. The Ambassador also raised the case of the lawyer Gao Zhisheng, who has been under investigation and whose wife was allegedly harassed and beaten by plain-clothes police. Chen Guangcheng's wife reportedly suffered similar treatment, the Ambassador told AFM He. Turning to the case of Rebiya Kadeer's children, the Ambassador said the United States is concerned because two of her sons were convicted this past week of tax evasion, while another son was detained and beaten and continues to be held without trial. We also continue to follow the case of American citizen Jude Shao, the Ambassador said, noting that Shao has expressed his willingness to serve his parole in Shanghai. Finally, the Ambassador raised the case of United States Legal Permanent Resident Yang Jianli, calling for his release. ¶3. (C) In reply, AFM He said he would check with "prison authorities" on the Yang Jianli case to determine if Yang had agreed to leave China unconditionally. The Chinese Embassy in Washington has been told that Massachusetts Governor Mitt Romney, who will visit China next week, plans to raise the case. On the Jude Shao case, AFM He said that the Foreign Ministry had sent an official note to Shanghai inquiring about Shao's situation, in response to an earlier request from the Ambassador. Shao's case is a matter of "legal procedures," dependent on whether he is eligible for parole, AFM He stated. ¶4. (C) Turning to the Kadeer family case, AFM He claimed that Rebiya Kadeer's sons received their "due punishment" for involvement in tax evasion and fraud. Their case has been handled according to procedure and there is "nothing that can be done," AFM He asserted. AFM He denied there was a political element to the case. The companies Kadeer's sons were involved in had been engaged in a "staggering amount" of tax fraud for a long time, AFM He claimed. Concerning the Zhao Yan and Chen Guangcheng cases, AFM He said he understood the Ambassador's points but claimed that the cases had been handled properly in accordance with Chinese law. The Chinese could "find no fault" with either case, AFM He said. ¶5. (C) In response to the Ambassador's question, AFM He said China will respond soon to DRL A/S Lowenkron's invitation to AFM Cui Tiankai to hold bilateral consultations on human rights, but China may suggest that an official other than Cui represent China in the discussions. Randt