HUMAN RIGHTS: GAO ZHISHENG GIVEN SUSPENDED

C O N F I D E N T I A L BEIJING 024741

SIPDIS

SIPDIS

E.O. 12958: DECL: 12/22/2031
TAGS: PHUM PREL PGOV CH
SUBJECT: HUMAN RIGHTS: GAO ZHISHENG GIVEN SUSPENDED
SENTENCE OF THREE YEARS ON SUBVERSION CHARGES

REF: A. FBIS CPP20061222968052

B. BEIJING 24498

C. BEIJING 21895

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

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


1. (C) Beijing rights lawyer Gao Zhisheng was given a
three-year sentence for subversion with a five year
suspension, according to a Xinhua News Agency report. Gao
was accused of posting nine seditious articles that defamed
China's government and system, according to the report.
Fellow activists told poloff that the suspended sentence
means that Gao should be released soon on a form of
probation that will include deprivation of political rights
for one year. They asserted that Chinese authorities hoped
to be able to thus limit Gao's influence while avoiding the
harsh international criticism. The Embassy raised the case
with the MFA Human Rights Division on December 22. End
summary.

Three-year Suspended Sentence for Subversion
--------------


2. (C) Beijing-based activist lawyer Gao Zhisheng was
handed a three-year sentence, suspended for five years with
deprivation of political rights for one year on December

22. According to the Xinhua report (Ref A),which was
issued only in English, the court found that Gao had posted
nine seditious articles that "defamed and made rumors about
China's current government and social system, conspiring to
topple down the regime." Fellow activists assert that Gao
ran afoul of authorities for defending dissidents in
politically sensitive cases and for criticizing Chinese
leaders.


3. (C) According to Teng Biao (protect),another activist
lawyer in Beijing, Gao's suspended sentence means he should
be released "very soon." Because Gao still does not have a
defense lawyer, however, no one knows for certain his
circumstances, with the English-language Xinhua
announcement being the only source of information. The
report alleged that Gao "voluntarily reported others'
offences," which won him leniency. (Note: Teng also
related that he himself has been placed under house arrest.
End note.) Separately, rights activist Hu Jia (protect)
told poloff that he had been expecting today's
announcement, because beginning last night, Supreme
People's Court security personnel were put on alert and a
number of activists in the "rights protection" movement of
which Gao is a part were put under house arrest, including
Teng Biao.


4. (C) Although Gao Zhisheng's three-year suspended
sentence may appear "light" in today's environment, it is
clearly a calculated move designed to counter international
criticism and undercut Gao's rising stature, Hu Jia said.
It has nothing to do with leniency or the pursuit of
justice. Now that Gao has been given a suspended sentence,
he should soon be released but will likely be placed under
the equivalent of house arrest for at least one year. Gao
will be forbidden from publishing, giving interviews or
traveling for one year and will continuously live under the
threat of rearrest during the five years that his sentence
is "suspended," Hu explained. In this way, Chinese
authorities hope to control Gao and limit his influence,
while simultaneously being able to tell the international
community that he is a free man.


5. (C) The Embassy raised concerns about the case with MFA
Human Rights officer Xu Jing on December 22. Xu was
unaware of the verdict, but said she would look into it.
SEDNEY