No. 2 Intermediate People's Court of Tianjin
Trial Transcript
[Judgment Citation Unavailable]
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Translator's Summary: On August 2, 2016, the No. 2 Intermediate People's Court of Tianjin published a series of three posts on its verified official Sina Weibo microblog under the title "Zhai Yanmin Case First Instance Tried in Open Court in Tianjin" (翟岩民案一审在津公开开庭审理). This text is taken from those three posts. https://weibo.com/3919910570/E1G3g1Dbn, https://weibo.com/3919910570/E1GP0h3UO, and https://weibo.com/3919910570/E1GXojrJE. The court found Zhai guilty. Zhai told prosecutors who questioned him in court that he met Hu Shigen as member of the unregistered "Ahavah Covenant Church," and that he had no "anti-party and anti-government ideas" until Hu "brainwashed" him.
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Prosecutor: Since 2012, have you made any statements on the Internet to subvert state power?
Defendant: I have made such statements.
Prosecutor: Did you ever join the Ahavah Covenant Church?
Defendant: I did join that.
Prosecutor: Who "baptized" you?
Defendant: Hu Shigen.
Prosecutor: What kind of church is this?
Defendant: The "church" is actually an unregistered church. Hu Shigen used the time during meals at the "church" to hold group discussions, and told us about the ideology of pushing the wall and made reactionary statements, and indoctrinated the church's so-called disciples.
Prosecutor: Who is in the "church"?
Defendant: There are some lawyers like Li Heping, and then there are people with reactionary thoughts, people who are dissatisfied with society, the government, and the Party. Hu Shigen gathered these people together and used them. This church instilled ideas in us in order to achieve the purpose of his "three major thoughts" and "five major transformations" plan in an attempt to overthrow the Party's leadership.
Prosecutor: Do you agree with the ideas Hu Shigen preached to you and the other religious people?
Defendant: I agreed at that time.
Prosecutor: Did Hu Shigen talk to you about paying attention to sensationalizing hot-button cases and the remarks that triggered street protests?
Defendant: He talked about that.
Prosecutor: Did you pay attention to the sensationalizing?
Defendant: I paid attention.
Prosecutor: Did anyone else pay attention to the sensationalizing?
Defendant: Yes. Wu Gan and others.
Prosecutor: What is the relationship among these people?
Defendant: They were divided into several circles. The first was the "Die Hard Faction" lawyers led by Zhou Shifeng, this was the "lawyer" circle, such as Zhou Shifeng, Wang Quanzhang, Liu Doe, and so on. Then there was another circle called the "church" circle. Wu Gan is the online promoter, and used the Internet to do some Internet sensationalizing, attracting everyone's attention, and attracting the attention of people who shared common ideas. Li Heping accepted funds from abroad, and he was a circle. There was also the "petitioner" circle, so a total of four circles. When there was nothing happening we would seem to be independent. As soon as an incident occurs, we would get in touch with one another and sensationalize together. Someone would make a post, Internet users would follow it, and some shouted and erected banners at the scene to confront the government.
The defense counsel questioned the defendant.
Defense Counsel: During the investigation, did the public security agency torture you to extract a confession?
Defendant: No.
Defense Counsel: Was your confession voluntary?
Defendant: It was voluntary.
Defense Counsel: Did you have anti-party and anti-government ideas before you met Hu Shigen?
Defendant: No, he brainwashed me.
Defense Counsel: During the "Seven Flavor Grill" process, the host presided over the entire meeting and spoke according to Robert's Rules of Order. According to the seating position, you should be the first to speak. Why did you not speak?
Defendant: On that occasion, my status was relatively low, and I also felt that I didn't have much knowledge, so let others talk about it first.
Defense Counsel: What remarks did you make in the end?
Defendant: Regarding the "workers" strike, I said that we should pay more attention to it, find some people with experience in resistance and let them join the "workers" movement group to strengthen their courage.
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Prosecutor: At noon on February 1, 2015, there was a gathering at the "Seven Flavors Grill" restaurant. Did you participate?
Defendant: I participated.
Prosecutor: Who called the gathering?
Defendant: We had a "church" activity that day. After the event, Hu Shigen told me and Ge Ping (Gou Hongguo), please have a meal. I didn't know Ge Ping's real name. There were four people from the church, and Hu Shigen, Jiang Doe, Zhang Doe and others.
Prosecutor: What did you say during the gathering?
Defendant: We must pay attention to the "labor" movement. We should put some people who have had experience in resistance into the "labor" movement to give them strength and courage.
Prosecutor: What was the topic you discussed during the gathering?
Defendant: How to strengthen the "labor" movement and the sensationalization of sensitive cases.
Prosecutor: Did you agree with these two topics?
Defendant: I agreed at that time.
Prosecutor: Did Hu Shigen mention the "three major factors" that would subvert state power at the gathering?
Defendant: He mentioned it, and he also mentioned the "five major plans."
Prosecutor: Did other people who attended the gathering agree with Hu Shigen's views?
Defendant: I think I agreed.
Prosecutor: What kind of gathering do you think "Seven Flavors Grill" was?
Defendant: On the surface it was a meal, but in fact it was a gathering of "Die-Hard Faction" lawyers and representatives of the "church," like Hu Shigen, petitioners, and leaders of various circles. They were summing up some sensitive issues from 2014. They were still discussing, strategizing, and planning the direction for 2015. The goal of those people was to sensationalize sensitive cases and pay more attention to some "labor" movements. All these ideas were thinking of ways to overthrow the leadership of the Communist Party.
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Prosecutor: In March 2014, Tang Doe and four others were administratively detained by the Public Security Bureau of the Jiansanjiang Agricultural Reclamation Area in Heilongjiang for disrupting social order, which is what you call the "Jiansanjiang Incident." Did you participate in and sensationalize this matter?
Defendant: I participated in and sensationalized it.
Prosecutor: In May 2014, ten people, including Yu Doe, were investigated by the Public Security Bureau of Zhengzhou, Henan in a case of disturbing order in public venues. This is what you called the Zhengzhou "Ten Gentlemen" incident. Did you participate in and sensationalize it?
Defendant: I participated in and sensationalized it.
Prosecutor: In December 2013, a person named Fan Mugen in Suzhou, Jiangsu, stabbed two people to death who were engaged in a demolition and was sentenced to eight years in prison for intentional injury. Did you participate in and sensationalize it?
Defendant: I participated in and sensationalized it.
Prosecutor: In May 2015, in the waiting room of the railway station in Qing'an County, Heilongjiang, a person named Xu Chunhe was shot dead by a police officer for assaulting a police officer during the performance of their official duties in accordance with the law. This is what you call the "Qing'an Incident." Did you participate in and sensationalize this matter?
Defendant: I participated in and sensationalized it.
Public prosecutor: The Intermediate People's Court of Weifang, Shandong tried Xu Yonghe's corruption case in accordance with the law, made a final judgment and sentenced Xu Yonghe to ten years in prison. Did you participate in and sensationalize this case?
Defendant: I participated in and sensationalized it.
Prosecutor: Do these cases and incidents have anything to do with you?
Defendant: They have nothing to do with me.
Prosecutor: What did you do when you sensationalized the "Jiansanjiang Incident?"
Defendant: After I went there, I was appointed by Xiang Doe as the on-site commander to maintain order on the scene.
Prosecutor: You were responsible for the scene?
Defendant: Correct.
Prosecutor: Did you publish a blog post about the "Jiansanjiang Incident" on the Internet?
Defendant: I published one.
Prosecutor: Have you ever said that Jiang Doe, who was detained, was a "righteous person who resolutely opposes dictatorship and tyranny in pursuit of democratic constitutionalism?"
Defendant: I have said that.
Prosecutor: What did you do to sensationalize the Zhengzhou case?
Defendant: There was Liu Xing, myself, and one other person. Zhang Doe called me and told me to go to Zhengzhou. We went to Zhengzhou from Guangzhou. The next day they called and asked me to go to a place called the Xiaoji Noodle Shop, and there were 7 or 8 people including Wu Gan, Zhang Doe, and Ma Doe. They discussed how to handle the Zhengzhou "Ten Gentlemen" incident and appointed me to be the overall coordinator on the scene at the Zhengzhou Third Detention Center.
Prosecutor: What were you responsible for?
Defendant: I was also responsible for order and organizing a hunger strike. There were some things I couldn't arrange, and they had a "coordination group."
Prosecutor: After the incident, did you sensationalize the case online?
Defendant: I seem to have posted "The Zhengzhou authorities brutally cleared the scene, illegally arrested and detained people. The wicked will be brought down by their own wickedness."
Prosecutor: After the "Qing'an Incident" what did all of you do?
Defendant: Liu Xing, myself, and some others assembled some petitioners, we contacted some petitioners, and sent about a dozen of them out in three batches. Before going, Liu Xing told me that these people were petitioners who had no money, and could use some help with some money. So we got some money for the petitioners.
Prosecutor: Where did Liu Xing and the others go?
Defendant: To the train station, and held up some A4 paper which had pre-printed "I am a petitioner, shoot at me."
Prosecutor: Did you post Weibos on the Internet such as "You can kill me because you have a gun; you can say that I attacked the police because you have the final say; you can do things your way because you are cruel; you can oppress because you have prisons. I want to fight with my life"?
Defendant: That was a repost, it was posted on my Weibo.
Prosecutor: In sensationalizing the case of Fan Mugen did you publish blogs online with content such as "Witness how the Suzhou authorities brutally 'govern the country according to law'" and "This is evil clamoring again"?
Defendant: That was reposted.
Prosecutor: What did Liu Xing and others do in the Weifang case?
Defendant: Erected banners there and shouted slogans.
Prosecutor: Just now you said that these cases had nothing to do with you. Why did you organize petitioners to gather together to commit affrays and interpose yourselves and sensationalize these cases?
Defendant: After failing in business, I was dissatisfied with the government. In addition, I joined Hu Shigen's church and brought some people into the church, in order to achieve a strengthening of civic power. I was also influenced by Hu Shigen, who instilled in me how to achieve big things, causing average people to take to the streets and causing the international community to intervene. These cases were brought to fruition because of Hu Shigen's guiding ideology, and his thoughts were reflected in his actions. In these incidents, I felt that I was a pawn of Hu Shigen, and I became their accomplices.
Prosecutor: Are all your statements during the investigation phase true?
Defendant: They are true.
The Defense Counsel questioned the defendant.
Defense Counsel: You were the coordinator on the scene in the "Jiansanjiang" and Zhengzhou incidents. Did you take the initiative to do that?
Defendant: I was appointed by Xiang Doe. During a meal, Xiang Doe told me to act as on-site commander. When I was in Zhengzhou, Wang Doe appointed me.
Defense Counsel: Does the coordinator have the right to decide what happens at the scene?
Defendant: No. Banners and T-shirts must be submitted to the "coordination group," and the people in it must get their approval before they can make this decision.
Defense Counsel: Did you contact Liu Xing in the Fan Mugen incident?
Defendant: He contacted me.
Defense Counsel: When you were contacted were you clear about the "Fan Mugen Incident?"
Defendant: I wasn't clear.
Defense Counsel: Did you benefit from these incidents?
Defendant: Seventeen to eighteen thousand yuan. Ten thousand yuan was for the "Weifang incident," and I gave it all to Liu Xing. The "Zhengzhou incident" provided a subsidy of 2,000 yuan because I was detained. My sister and brother-in-law went to Zhengzhou to get me out on bail, and the Zhengzhou "coordination group" gave me another two thousand yuan. The "Jiansanjiang incident" gave me 1,600 yuan.
天津市第二中级人民法院官方微博
公诉人:2012年以来,你在互联网上发表过颠覆国家政权的言论吗?
被告人:发表过。
公诉人:你加入过雅和博圣约教会吗?
被告人:加入过。
公诉人:谁给你“施洗”的?
被告人:胡石根。
公诉人:这是什么教会?
被告人:“教会”实际上是没有注册过的教会,胡石根利用“教会”吃饭的时间,分组讨论的时候,胡石根给我们说一些推墙的思想和反动的言论,灌输给教会的所谓的教徒。
公诉人:“教会”里都有什么人?
被告人:有一部分是死磕派律师,像李和平等,然后还有一些有反动思想的人,对社会、对政府、对党,有不满情结的人,胡石根把这些人纠集在一起,利用这个教会给我们灌输思想,以达到他的“三大思想”,“五大转型”方案的目的,妄图推翻党的领导。
公诉人:胡石根向你和其他教民宣讲的思想,你认同吗?
被告人:当时认同。
公诉人:胡石根是否向你讲过关注炒作热点案事件,引发街头抗争的言论?
被告人:说过。
公诉人:你关注炒作过吗?
被告人:关注过。
公诉人:关注炒作的还有谁?
被告人:有。吴淦等人。
公诉人:这些人之间是什么关系?
被告人:分几个圈。首先是死磕派律师,是以周世锋为首,这个是“律师”圈,像周世锋、王全璋、刘某某等。然后还有一个圈是“教会”圈。吴淦是网络推手,利用网络来做一些网络呼、炒作,引起大家的关注,引起有共同思想的人的注意。李和平是受境外资助,他是一个圈。还有就是“访民”圈,一共四个圈。没事的时候我们好像是独立的,一旦发生事件,我们就会互相联系,共同炒作。有发帖,有网民跟进,有呼喊的,在现场拉横幅,和政府作对。
辩护人对被告人进行发问。
辩护人:侦查过程中,公安机关对你是否有刑讯逼供了
被告人:没有。
辩护人:你的供述是否是出于自愿?
被告人:是出于我的自愿。
辩护人:你在认识胡石根之前是否有反党反政府的思想?
被告人:没有,他给我洗脑。
辩护人;在“七味烧”过程中,主持人主持整个会议中,根据罗伯特会议规则发言,根据座次你应该是第一个发言,你为什么没有发言?
被告人:在那种场合,我的地位比较低,再加上也觉得自己没有什么知识,先让别人说了。辩护人,最后你又发表了什么言论?
被告人:关于“工人”罢工的,我说要多关注,找一些有抗争经验的人让他到“工人”运动的群里面,壮大他们的胆量。
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公诉人:2015年2月1日中午,在“七味烧”餐厅有一次聚会,你参加了吗?
被告人:参加了。
公诉人:聚会谁召集的?
被告人:我们那天做“教会”活动,活动之后,胡石根跟我说,戈平(勾洪国)请吃饭,我当时不知道戈平的真名,教会一共去了四个人,还有胡石根、姜某某、张某某等人。
公诉人:聚会中你说了什么话?
被告人:我们要关注“劳工”运动,我们要把一些曾经有抗争经验的人安插到“劳工”运动中,给他们壮大力量和胆量。
公诉人:聚会时你们讨论的主题是什么?
被告人:如何加强“劳工”运动和敏感案事件炒作。
公诉人:这两个话题你认同吗?
被告人:当时是认同的。
公诉人:胡石根在聚会上是否提出颠覆国家政权的“三大因素”?
被告人;提到了,也提到了“五大方案”。
公诉人:其他参加聚会的人对胡石根的观点认同吗?
被告人:我觉得认同。
公诉人:你觉得“七味烧”是一次什么样的聚会?
被告人:表面上是聚餐,实际上是“死磕派”律师和“教会”的代表,像胡石根,还有访民,各个圈子的领军人物聚在一起,他们在总结2014年的一些敏感案事件,他们还在商量、策划、计划2015年的方向。他们这些人的目的就是炒作敏感案事件和多关注一些“劳工”运动,所有这些思想都是想推翻共产党的领导。
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公诉人:2014年3月份,唐某某等四人因扰乱社会秩序被黑龙江省建三江农垦公安局依法行政拘留,即你们所谓的“建三江事件”。这件事情你参与炒作了吗?
被告人:参与炒作了。
公诉人:2014年5月份,于某某等十人因扰乱公共场所秩序被河南省郑州市公安局依法立案侦查,即你们所称的郑州“十君子”事件。你参与炒作了吗?
被告人:参与炒作了。
公诉人:2013年12月份,江苏省苏州市有一个叫范木根的人,因拆迁捅死两人,被法院以故意伤害罪依法判处有期徒刑八年。你参与炒作案件了吗?
被告人:参与炒作了。
公诉人:2015年5月,在黑龙江省庆安县火车站候车室,一个叫徐纯合的人因袭警被依法执行公务的民警击毙,即你们所谓的“庆安事件”。这件事情你参与炒作了吗?
被告人:参与炒作了。
公诉人:山东省潍坊市中级人民法院依法对徐永和贪污案进行审理,做出终审判决,判处徐永和有期徒刑十年。这个案件你参与炒作了吗?
被告人:参与炒作了。
公诉人:以上这些案件、事件和你有关系吗?
被告人:没关系。
公诉人:在炒作“建三江事件”上,你都干什么了?
被告人:我去了之后,被向某定为现场指挥,维持现场秩序。
公诉人:现场是你负责的?
被告人:对。
公诉人:你在网上发过有关“建三江事件”的博文吗?
被告人:发表过。
公诉人:你说过被拘留的姜某某为“坚定的反独裁反暴政追求民主宪政义士”吗?
被告人:说过。
公诉人:在炒作郑州案件上你干什么了?
被告人:我和刘星,还有一个人,张某某给我打了一个电话,说让我去郑州一趟,我们从广州到了郑州,第二天他们就打电话让我去一个叫肖记面馆的地方,当时有吴淦、张某某、马某某等7、8个人,他们商议如何运作郑州“十君子”事件,把我定为郑州第三看守所现场的总协调人。
公诉人:负责什么?
被告人:也是负责秩序,组织大家绝食。有些事情我是定不了的,他们有一个“协调群”。
公诉人:事后,你在网上对该案进行炒作了吗?
被告人:好像发过“郑州当局野蛮清场,非法抓捕羁押,多行不义必自毙”等内容。
公诉人:“庆安事件”发生后,你都干什么了?
被告人:我和刘星几个人召集了访民,联系了一些访民,分三批去了十几个人。刘星在去之前跟我说这些人都是访民没有钱,要不然帮忙弄点钱。于是,为访民弄了一些钱。
公诉人:刘星等人都去了什么地方?
被告人:去了火车站,打出印好的“我是访民,向我开枪”等,用A4纸印的。
公诉人:你在网上发过“你可以把我击毙,因为你有枪;你可以说我袭警,因为你说了算;你可以一意孤行,因为你残暴;你可以打压,因为你有监狱;我要用生命抗争”等微博吗?
被告人:转发,是用我的微博发的。
公诉人:在炒作范木根案上,你在网上发过“见证苏州当局如何野蛮'依法治国'”、“这是邪恶的再次叫嚣”等内容的博文吗?
被告人:转发的。
公诉人:在潍坊案件上,刘星等人都干了什么?
被告人:在那里拉横幅,喊口号。
公诉人:刚才你讲这些案事件跟你没有关系,你为什么组织访民非法聚集滋事,插話炒作这些案件?
被告人:做生意失败后,对政府有不满情绪,再加上入了胡石根的教会,又拉了一部分人进入教会,实现了壮大公民力量。也是受胡石根的,他灌输我如何做大,造成百姓上街,引起国际社会介入。这些案件因为胡石根主导思想完成,也是他的这种思想体现到行动上,这些事件中我感觉到我是胡石根这些人的一个棋子,成为了他们的帮凶。
公诉人:你在侦查阶段的供述都属实吗?
被告人:属实。
辩护人向被告人进行发问。
辩护人:在“建三江”和河南郑州事件中你是现场的协调人,是你主动做的吗?
被告人:是向某指定的。在一次吃饭过程中,向某说让我做现场指挥,在郑州的时候是王某指定的我。
辩护人:协调人对现场发生任何事情是否有决定权?
被告人:没有。做横幅、文化衫都要提交给“协调群”,里面的人最后要大家通过才可以作出这个决定。
辩护人:范木根事件是你联系的刘星吗?
被告人:他联系的我。
辩护人:联系的时候你对“范木根事件”清楚吗?
被告人:不清楚。
辩护人:这几起事件中你是否获利?
被告人:一万七、八千块钱。有一万元是“潍坊事件”的,我全部给刘星了。“郑州事件”发了二千元补助,因为被拘留了。我姐姐和姐夫去郑州给我取保,郑州“协调群”又给了我二千元。“建三江事件”给了我一千六百元。
