MFA RESPONDS TO HUMAN RIGHTS CASE LIST

C O N F I D E N T I A L SECTION 01 OF 02 BEIJING 003094

SIPDIS

E.O. 12958: DECL: 11/12/2034
TAGS: PREL PHUM PGOV CH
SUBJECT: MFA RESPONDS TO HUMAN RIGHTS CASE LIST

REF: A. 11/6/09 EMBASSY-EAP/CM EMAIL

B. BEIJING 3081

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


1. (C) On November 12, MFA International Organizations
Department Human Rights Division Director Yan Jiarong called
in PolOff to provide a formal response to the Ambassador's
November 6 handing over of a list of cases of human rights
and humanitarian concern to Vice Foreign Minister He Yafei
(ref A). Yan noted that the Human Rights Division was also
responding to a similar representation by PolMinCouns to IO
Deputy Director General Shen Yongxiang November 9 (ref B).


2. (C) Yan noted that China was under no obligation to
respond to the U.S. request but, out of a spirit of
cooperation in advance of the visit to China by President
Obama, would provide information on a number of cases. Yan
said that in view of this responsiveness China hoped that
individual cases would not be a feature of President Obama's
meetings with Chinese officials and that the President would
not meet with "dissidents or other sensitive figures" during
his visit, which could "embarrass his Chinese hosts." After
this introduction, Yan presented a list of ten cases with
short summaries on the status of each (para 4). PolOff
accepted the list and promised that the USG would study it.
Most of the information provided on individual cases was not
new and already in the public domain. One notable item was
the MFA assertion that Gao Zhisheng was not in currently
detention, phrased as "not constrained by any measures of the
law."


3. (C) Later the same day, Director Yan telephoned PolOff to
seek our "reaction" to the list. Specifically, Yan asked
PolOff whether the U.S. would commit to not meeting
dissidents or raising individual human rights cases during
President Obama's visit. PolOff declined to discuss the
President's agenda for the visit and responded that the U.S.
was studying the list.


4. (C) Begin informal Embassy translation of text:

Gao Zhisheng: Male, born 1964, Han, Shanxi origin. On
August 25, 2006, Mr. Gao was detained by security organs on
suspicion of inciting subversion of state power and on
September 21, 2006, prosecutors approved his arrest. The
High People's Court of Beijing sentenced him to three years
in prison with a five-year reprieve and one-year deprivation
of political rights. Mr. Gao accepted the verdict and is in
Beijing for the five-year reprieve. Mr. Gao went back to
Shanxi for the tomb sweeping holiday in June 2009 and has not
been constrained by any measure of the law since 2007.

Gendun Choekyi Nyima: Choekyi Nyima is a normal Chinese
Tibetan young man in good health. Currently, he leads a
normal life with his family in Tibet and is receiving a good
education. He and his family have expressed many times that
they do not want their normal life being interrupted and that
their wishes should be respected.

Guo Quan: Guo organized, planned, and carried out a plot to
subvert state power and overturn the socialist system. The
court ruled that he committed the serious crime of subverting
state power and should be punished in accordance with the
law. The Intermediate People's Court of Suqian City, Jiangsu
province issued the verdict on October 16, 2009 that the
defendant, Guo Quan, committed the crime of subverting state
power and sentenced him to ten years in prison and a
three-year deprivation of political rights. The court tried
the case strictly in accordance with criminal laws and codes
of criminal procedures. Mr. Guo hired two lawyers to defend
himself.

Hu Jia: Male, born 1973, Han, Beijing City. Mr. Hu was
sentenced by Beijing First Intermediate People's Court on
April 3, 2008 to three and a half years in prison (December
27, 2007 to June 26, 2011) and a one-year deprivation of
political rights. He is currently serving his term in
Beijing prison.
Huang Qi: Male, Neijiang, Sichuan province. Mr. Huang was
arrested for illegally holding state secrets. The Chinese
People's Procuratorate has submitted the case to the court
for prosecution. At present, the case is under first
instance procedures.

Huang Qi: Male, Neijiang, Sichuan province. Mr. Huang was
arrested for illegally holding state secrets. The Chinese
People's Procuratorate has submitted the case to the court
for prosecution. At present, the case is under first
instance procedures.

BEIJING 00003094 002 OF 002



Liu Xiaobo: Liu was detained on December 8, 2008 by Beijing
Public Security authorities on suspicion of inciting
subversion of state power. In accordance with the law, a
warrant to hold him for investigation was issued. He was
transferred to residential surveillance on December 9. After
approval by prosecutors, on June 23, 2009, Liu was formally
arrested. Liu confessed his illegal wrong-doing as accused
by the Public Security authorities and admitted that his
conduct violated Chinese laws. Liu, as a criminal suspect,
enjoys all rights as protected by the law.

Tan Zuoren: Male, born May 15, 1954, Han, secondary school
education, unemployed. Tan was arrested on April 20, 2009.
The People's Procuratorate of Chengdu, Sichuan province
accused him of inciting subversion of state power and
submitted the case to the Chengdu Intermediate People's Court
for prosecution. The case is under the review of the Chengdu
Intermediate People's Court.

Wangdui (Wang Songzan): Male, born 1970, Tibetan, Quanqu,
Lhasa, Tibet Autonomous Region. On October 27, 2008, the
Lhasa Municipal Intermediate People's Court found Wangdui
guilty of espionage. He was sentenced to life imprisonment
and lifetime deprivation of political rights and is now
serving his term in the Tibet Autonomous Region.

Yang Maodong (Guo Feixiong): Male, born 1966. Tianhe
District People's Court of Guangzhou, Guangdong province
found him guilty of the crime of illegal business activity
and sentenced him to five years in prison on November 14,

2007. Yang is currently serving his term in Meizhou prison.

Xue Feng (sic): Xue was arrested by approval of the Chinese
Procuratorial authorities according to the law on the charge
of spying for foreign intelligence to illegally provide state
secrets abroad. At present, the case is under review by the
Beijing Municipal Higher People's Court in accordance with
the law. In the meantime, the Chinese side has arranged a
medical specialist to do a physical examination for Mr. Xue
and to treat his illness and bought clothes and daily
necessities for him. Upon Mr. Xue's criminal detention, the
Chinese side sent, in a timely fashion, consular notification
to the American side and arranged for American officers of
the U.S. Embassy Beijing to visit Mr. Xue many times in
accordance with Chinese law and the bilateral consular
treaty. The Chinese side will continue to fulfill relevant
obligations based on the relevant provisions of the bilateral
consular treaty.
End Text.
HUNTSMAN