CHARGE'S DEMARCHE ON LIU XIAOBO TRIAL, UIGHUR

C O N F I D E N T I A L SECTION 01 OF 02 BEIJING 003443

SIPDIS

E.O. 12958: DECL: 12/12/2029
TAGS: PHUM PGOV PREL CH CB
SUBJECT: CHARGE'S DEMARCHE ON LIU XIAOBO TRIAL, UIGHUR
RETURNEES

REF: A. 12/23/09 KLEIN-GOLDBERG EMAIL

B. PHNOM PENH 954

Classified By: Charge d'Affaires a.i. Robert Goldberg. Reasons 1.4 (b)
and (d).


1. (C) Summary: The Charge raised the December 23 trial of
activist Liu Xiaobo and the forced return of Uighur asylum
seekers from Cambodia with MFA North American and Oceanian
Affairs Department Director General Zheng Zeguang. The
Charge expressed strong disappointment that Liu's trial had
already taken place and been concluded, and that the Embassy
had not been allowed to observe it. He called for Liu's
release. Regarding the 20 Uighur returnees, the Charge
expressed deep regret about their return and urged China to
uphold international standards and observe due process in
considering their cases. DG Zheng said all cases would be
dealt with under Chinese law and expressed "serious concern
and strong dissatisfaction" at the remarks by the State
Department Spokesman on the Uighur case. End Summary.


2. (C) Charge delivered points (ref A) regarding democracy
activist Liu Xiaobo in a telephone conversation with MFA
North American and Oceanian Affairs Department Director
General Zheng Zeguang on December 23. Noting the
Department's previous public statements about Liu, the Charge
expressed strong disappointment that the trial had taken
place, and noted that Liu had peacefully urged respect for
human rights and the rule of law. The Charge reiterated USG
statements that legal proceedings be held in a fair and
transparent manner. The Embassy had requested an opportunity
to observe the trial, as was allowed under Chinese law, but
had been turned down. (The Charge had tried to reach VFM He
Yafei the day before to request a pass for an Emboff to
attend the trial, but He did not take the call.) Similarly,
the Charge noted the request by former Pennsylvania governor
and U.S. Attorney General Richard Thornburgh to attend the
trial, for which the Embassy had previously sought the MFA's
support, but which also appeared not to have been granted.
The Charge several times called for Liu's release.


3. (C) Turning to the situation of the 20 Uighur asylum
seekers returned to China from Cambodia (ref. B),the Charge
again referred to the Department's public statements
expressing concern about the individuals. The Uighurs had
presented themselves as asylum seekers, the Charge noted, and
as such they had had the right to be afforded protection in
Cambodia until their cases had been considered. Now that
they had been returned to China, the United States urged
China to uphold international norms of proper treatment and
due process in considering their cases.


4. (C) In reply, DG Zheng stated that China was a country
that followed rule of law. All citizens must follow the law
and were equal under the law, but if they broke the law, they
must be tried. Regarding Liu Xiaobo, Zheng insisted his case
had been dealt with in accordance with Chinese law. China's
judicial authorities act independent of interference from
other government departments, "let alone other countries"
Zheng emphasized. He acknowledged that Chinese trials were
open to observers and said that the U.S. Embassy was welcome
to apply at the court to attend the trial. (Of course, this
particular trial was already over, with just the verdict to
be read on Christmas Day.) China had a big population,
however, and the courtroom might not have had enough room for
all those who applied as observers.


5. (C) Regarding the returned Uighurs, Zheng declared that
"the Government of Cambodia has done the right thing." The
Uighurs in question had broken Chinese and Cambodian
immigration laws and they now would be dealt with in
accordance with Chinese law. Zheng continued by expressing
"serious concern and strong dissatisfaction" at the remarks
on the Uighur case by the State Department Spokesman. The
United States "has chosen to stand of the wrong side of
history" in this issue. The sentiments of the Chinese people
regarding Xinjiang were very sensitive, and they were already
upset with the U.S. refusal to return Uighur detainees in
Guantanamo to China. The United States should "maintain a
positive effort" in our bilateral relations and focus instead
on implementing the issues addressed in the China-U.S. Joint
Communique.


6. (C) The Charge replied that while both sides wanted to
maintain constructive, cooperative, and comprehensive
relations, as expressed in the Joint Communique, President
Obama had raised human rights with President Hu as an issue
fundamental to Americans, and the President had also provided

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Hu a list of human rights cases raised previously by the
Ambassador. Further, the Charge pointed out, allowing
Embassy observers at trials would provide the Embassy with a
better understanding of how trials progress, rather than
having to rely on second-hand accounts. If a courtroom was
too small to hold U.S. or other international observers who
had applied well in advance, or even to permit Liu Xioabo's
wife, Liu Xia, to attend, perhaps a larger space was needed.
DG Zheng retorted that Liu Xia was "not just another
citizen," but that she was also "closely related to the
case." (Note: the Chinese kept Liu Xia out of court claiming
that she was a "witness" but they never called her to
testify. End note.)
GOLDBERG