PRC HUMAN RIGHTS: XU ZHIYONG (ON BAIL) AND ILHAM

C O N F I D E N T I A L SECTION 01 OF 02 BEIJING 002429

SIPDIS

E.O. 12958: DECL: 08/24/2029
TAGS: PGOV PHUM PROP SOCI CH
SUBJECT: PRC HUMAN RIGHTS: XU ZHIYONG (ON BAIL) AND ILHAM
TOHTI RELEASED

REF: A. BEIJING 2123

B. BEIJING 2005

C. BEIJING 1770

Classified By: Political Minister Counselor Aubrey Carlson.
Reasons 1.4 (b) and (d).

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


1. (C) On August 23, detained rights activist Xu Zhiyong and
ethnic Uighur academic Ilham Tohti were released from police
custody. Also released was Zhuang Lu, a codefendant in the
state's "tax evasion" case against Xu and his NGO, the Open
Constitution Initiative. Tohti, whose writings had been
critical of PRC ethnic policies in Xinjiang, had been
detained without charge since July 7 in the aftermath of the
early July ethnic unrest in Urumqi. Xu and Zhuang, detained
since July 29 in connection with the closure of the Beijing
offices of the Open Constitution Initiative (Gongmeng) on
charges of failure to pay taxes, were released on bail. The
criminal charges remain in place, although Xu said he had
been told that if he were not summoned by the court within
one year the charges would be dropped. Chinese human rights
lawyers credited outside pressure for the government's
decision to release these high-profile detainees. Other
activists noted that the detentions had been widely unpopular
among mainstream Chinese academia and expressed the view that
the government had made the decision in order to remove a
public opinion irritant in the run-up to the October 1
sixtieth anniversary of the founding of the PRC. End Summary.

Xu Zhiyong and Zhuang Lu: Status
--------------


2. (SBU) PolOff spoke with Teng Biao, Beijing lawyer and
Gongmeng co-founder, who confirmed that Xu had been released
on bail. Teng explained that Xu had been released because a
guarantor had come forward and paid an undisclosed amount of
bail. Chinese media outlets have alleged that the guarantor
was Xu's employer, Beijing University of Posts and
Telecommunications. Teng confirmed that Gongmeng staff
member Zhuang Lu, detained along with Xu, had been released,
although she had not yet been in contact with her Gongmeng
colleagues.

Xu's Release Conditional
--------------


3. (C) Teng Biao confirmed that Xu's release was conditional.
If within one year's time Xu did not hear from the courts,
the charges against him would be dropped. However, Xu had to
report any planned travel outside Beijing, and he was
required to carry identification with him at all times. In
comments to the media, Xu's lawyer Zhou Ze said he believed
that the charges were groundless. Teng Biao told us that a
number of Gongmeng lawyers continued to practice as private
attorneys but that Gomgmeng itself remained closed. Zhang
Dajun (protect),of the Gongmeng-affiliated NGO the
Transitions Institute, expressed belief that it would be very
difficult for Gongmeng to begin operations again but raised
the possibility that the organization could be reconstituted
under a new name.


4. (SBU) On Teng's advice, Post has not yet sought a direct
meeting with Xu. Several EU embassies, at the French
Embassy's initiative, contacted Xu August 24 requesting a
meeting. Xu reportedly agreed to meet "when appropriate."
Teng suggested that an appropriate time may be after the
celebration of the national holidays the first week of
October.

Ilham Tohti Released
--------------


5. (C) On August 23, economist, Uighur activist and National
Minorities University (Minzu Daxue) Professor Ilham Tohti
told PolOff over the phone that he had been freed from
detention. Tohti was unwilling to discuss his situation in
detail, saying that "they are listening to my phone calls"
and he feared being detained again. He thanked the Embassy
for its interest in his case. Tohti's personal blog has been
deleted by webhost Sina. PolOff has confirmed a meeting with
Tohti on the evening of August 24.

Possible Reasons for Xu's Release
--------------


6. (C) Chinese press quoted human rights lawyer Zhang
Xingshui, as stating that the decision to release Xu was the

BEIJING 00002429 002 OF 002


result of public opinion. In comments to the media upon his
release, Xu himself stated, "I think this outcome was the
result of pressuring and urging from many friends and many
quarters. We'll have to see what it means, and we can't
entirely exclude the possibility of prosecution. But if that
happens, I'll defend myself vigorously." (Note: The USG has
repeatedly raised Xu's case in Washington and Beijing.
Significantly, on August 21, the MFA Human Rights Division
postponed a scheduled meeting with PolMinCouns to discuss
Xu's case noting that "in a few days" Post would "understand
the reason for the delay.")


7. (C) Zhang Dajun (protect),of the Transitions Institute, a
group founded by Gongmeng board member Guo Yushan (protect),
stated today that he believed Xu's release was a strategic
"concession" on the part of the Chinese government. While
the Chinese government's original intention behind detaining
Xu and closing Gongmeng might have been to discourage other
civil society elements from engaging in public activism, Xu's
formal arrest had generated an unanticipated level of
negative public opinion. Zhang added that Xu's continued
detention, widely unpopular among China's academic community,
could have developed into a public opinion irritant in the
period leading up to the October 1 national day celebrations.
Finally, Zhang suggested that Xu was easier to control
outside prison than inside. With criminal charges pending
against Xu for at least one more year, the government
retained considerable leverage over Xu. In Tohti's case,
Zhang believed that the Chinese government had never intended
to file criminal charges against him. Rather, the government
had detained Tohti as a source of information during the
investigation following the Urumqi unrest. The stabilization
of the situation in Xinjiang had resulted in the government
releasing Tohti, Zhang said.


8. (C) The release of Tohti and Xu should not be considered
"a friendly gesture" to the United States by the Chinese
government, liberal journalist and blogger Zhao Jing
(protect) (also known by his blogging moniker Michael Anti)
told PolOff. It was possible, however, that the Chinese
Government had released the two to prevent their detention
from becoming an issue during preparations for the visit this
fall of President Obama to China, speculated Zhao. Regarding
Xu, Zhao said that the real purpose of his arrest was to
signal the government's displeasure over the financial role
of U.S. organizations in the development of Chinese civil
society. In this case, however, the government "chose the
wrong guy," as Xu's arrest had irritated many mainstream
reformers.
HUNTSMAN