Identifier
Created
Classification
Origin
06BEIJING24495
2006-12-13 12:15:00
CONFIDENTIAL
Embassy Beijing
Cable title:  

HUMAN RIGHTS: MFA OFFICIAL TOUTS JUDICIAL PROCESS

Tags:  PHUM PREL PGOV CH 
pdf how-to read a cable
VZCZCXRO3862
OO RUEHCN RUEHGH RUEHVC
DE RUEHBJ #4495 3471215
ZNY CCCCC ZZH
O 131215Z DEC 06
FM AMEMBASSY BEIJING
TO RUEHC/SECSTATE WASHDC IMMEDIATE 2989
INFO RUEHOO/CHINA POSTS COLLECTIVE
RHEHNSC/NSC WASHDC
C O N F I D E N T I A L BEIJING 024495 

SIPDIS

SIPDIS

DEPT FOR DRL, EAP/PD, EAP/CM

E.O. 12958: DECL: 12/13/2031
TAGS: PHUM PREL PGOV CH
SUBJECT: HUMAN RIGHTS: MFA OFFICIAL TOUTS JUDICIAL PROCESS
IN CHEN GUANGCHENG CASE

REF: BEIJING 24232

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

Summary
-------

C O N F I D E N T I A L BEIJING 024495

SIPDIS

SIPDIS

DEPT FOR DRL, EAP/PD, EAP/CM

E.O. 12958: DECL: 12/13/2031
TAGS: PHUM PREL PGOV CH
SUBJECT: HUMAN RIGHTS: MFA OFFICIAL TOUTS JUDICIAL PROCESS
IN CHEN GUANGCHENG CASE

REF: BEIJING 24232

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

Summary
--------------


1. (C) MFA Human Rights official Xu Jing touted the Chinese
Government's handling of Chen Guangcheng's retrial (reftel)
during a December 8 meeting, claiming that "it shows China is
governed by the rule of law." Xu told poloff she would
inquire about the Chinese Government's investigation into the
September 30 Tibetan border shooting incident and would
report the United States Government's concern about the cases
of Gao Zhisheng, Ching Cheong, Yang Jianli, Jude Shao, Xu
Yonghai, Rebiya Kadeer's sons, Wan Yanhai, Wang Bingzhang and
Chen Tao cases. End summary.

Chen Guangcheng Case
--------------


2. (C) MFA IO Human Rights officer Xu Jing told poloff during
a December 8 meeting said that the sequence of events in Chen
Guangcheng's case (see reftel) "demonstrates conclusively"
that China is governed by the rule of law. After the Yinan
County lower court convicted Chen the first time, the Linyi
City intermediate court found "possible" prejudicial error
and sent the case back to the Yinan County court for retrial.
Xu Jing said the Yinan County lower court "retried the case
publicly," providing "adequate protection not only for Chen
but also for the lawyers who defended him." Having used
"proper" and "transparent" procedures to again find Chen
guilty, the Yinan County lower court "announced in public"
the same four year and three month sentence as that
originally imposed. Poloff objected to Xu's
characterization, noting that local officials had used
various means to prevent Chen's lawyers from mounting an
effective defense.

Responses On Cases Of Concern
--------------


3. (C) Poloff asked about the results of the Chinese
Government's investigation into the September 30 incident
involving the shooting of Tibetans crossing into Nepal,
noting that MFA officials had indicated that the Government
would disclose the results of its investigation into this
incident. Xu acknowledged that an investigation is pending
and said that she would inquire about its status.


4. (C) Poloff also raised the cases of Gao Zhisheng, Ching
Cheong, Yang Jianli, Jude Shao, Xu Yonghai, Rebiya Kadeer's
sons, Wan Yanhai, Wang Bingzhang and Chen Tao. (Note: Chen
Tao was convicted and sentenced to death in May 2005 for his
role in the death of a police officer during a protest
against construction of the Pubugou Dam in Sichuan Province.
He was reportedly executed before his lawyer and family were
informed of the results of the appeal in the case. End
note.) Xu Jing said she will report the United States
Government's concern and provide information about individual
cases where possible.


5. (C) Asked about a response to A/S Lowenkron,s letter to
AFM Cui Tiankai proposing discussions on human rights issues
of concern, Xu said she is aware of the letter, but that the
MFA does not yet have a response.

Discussion of Cases
--------------


6. (C) Poloff pressed Xu to agree to establish regular
meetings for discussion of human rights issues at the working
level. Xu demurred, stating that while she and her
colleagues stand ready to discuss cases of concern and other
human rights issues "at any time," setting a "regular
meeting" amid the office's heavy workload would require
"additional justifications" to high-level officials. She
asserted that in the current Chinese "domestic political
climate," establishing a regular interval for meetings would
be very difficult.
Randt