In the pantheon of China's early 21st century activist community, Wu Gan (吴淦) certainly ranks as amongst the most colorful. He dubbed himself the "super-vulgar butcher" (超级低俗屠夫) and described his protest activities as "performance art."
 |
| Photo of Wu Gan shooting a "leg gun" from his Instagram account. For context, see p. 210 of "State Trials of Speech in the PRC." |
Additional background on Wu Gan's case can be found on this blog:
- Wu Gan Jailed for Insulting Judge, Baidu and Sina Weibo Censor Search Results for "Wu Gan"
- Chinese Police "Smash" "Criminal Gang" of "Rights Defense" Lawyers For "Hyping"
- After Arrest of "Rights Defense" Activist Wu Gan, State Media Launches Smear Campaign
On December 21, 2017, Wu Gan was sentenced to eight years imprisonment for committing the crime of subversion of state power.
Below is translation of a document that was posted online on August 9, shortly before his trial commenced on August 14, purporting to be his statement in self-defense. The original Chinese version can be found at the end of this blog post.
Wu Gan: Statement Before Trial
The rights of speech, publication, religious belief, procession, assembly, supervision of the government and officials, and expression of dissatisfaction are all human rights endowed by nature. In addition, the "Constitution" (assuming it's real), grants and guarantees civil rights. Furthermore, these are universal values recognized and followed by all countries in the world. If someone is convicted for exercising these rights, it will be a disgrace to this country and this era, and it will surely be ridiculed and spurned by the world. To ask a person to defend whether or not they are guilty of exercising these rights is, I think, an insult to any normal person.
In mainland China, if one's ideology and beliefs do not comport with those in power, it is easy to end up persecuted by getting framed through "trumped-up" charges. Since the establishment of the Communist Party of China in 1949, during the Cultural Revolution and previous political campaigns, intellectuals, the 1989 and 1990s, democrats, Falun Gong practitioners, etc. have been persecuted. In recent years, citizens and human rights lawyers have been persecuted for defending their legitimate rights, and thousands of innocent people who have been retaliated against. Who among them is guilty? For decades it has been old wine in new bottles, and the essential nature has not changed.
The accusations they made against me have all been publicly visible over the past few years. They are nothing more than some remarks, writing the Three Classics, solidarity and assistance for innocent victims, and exposés and performance art expression targeting public power and government officials run amok. These are the legitimate rights of a citizen. At the same time, these civil rights should be defended by everyone.
I will be convicted, not because I am really guilty, but because I refuse to accept a government appointed lawyer, because I will not plead guilty and cooperate with the media propaganda, because I insist upon exposing their torture, abuse, and other atrocities against me; because I expose the procuratorate's cover-ups and derelictions of duty.
The task force once told me that in this case the leadership is calling the tune, and the procuratorate and the judiciary are just going through the motions. I will not defend what I have said or done under circumstances where I know that the trial is merely a farcical performance where I will be found guilty. The innocent need not defend themselves.
In addition, a trial is meaningless when the police procedures employed various illegal procedures, torture, abuse, embezzling my property, forcing me to accept their questions, and forcing me to give up my right to hire a lawyer, and none of these illegal acts were investigated and dealt with.
I know there will be a heavy sentence, but I will never regret what I did and the choices I made today. I only feel guilt and remorse at having involved my family and have done too little. The voice and support of the people, and the persistence and dedication of the lawyers are the best "verdict" for me. Right and wrong will not be reversed, and justice will eventually triumph over evil. The wheel of history rolls forward and will not stop when some people try to block it. Those who try to obstruct the progress of human civilization will eventually be nailed to history's pillar of shame.
Under the brutal rule of "The Great, The Glorious, The Correct,"1 it is embarrassing not to be "criminalized." If we don't keep getting "criminalized" we'll all grow old. It is a great honor for me to be convicted of subverting the CCP regime. On the journey to fight for democracy and freedom and defend the rights of citizens, a guilty verdict from an autocratic dictatorship is a golden trophy awarded to a fighter for democracy and freedom.
I refuse to make a defense, and merely take this opportunity to thank you for this award! Thank you!
Declarant: Wu Gan
[Month and Date Missing from Source Material], 2017
 |
| Wu Gan's Pre-Trial Statement |
In the judgment (see "State Trials of Speech in the PRC" pp. 192-229) the court cited 13 examples of Wu Gan's conduct that it determined formed the basis of his subversion. The first example the court gave in the judgment was "Utilizing Information Networks to Attack the State Regime and the Socialist System." (see State Trials of Speech in the PRC" pp. 197-200) According to the court "part of the content that Wu Gan posted on his Twitter account was: "The Butcher's Three Classics: 1: The Classic on Butchering Pigs for Petitioners. 2: The Classic on Drinking Tea. 3: The Classic on Petitioning Against Forced Demolitions and Land Appropriations." The court found that his publication of Three Classics were not protected speech under the PRC's Constitution:
Our country's Constitution grants citizens freedom of speech and the rights to criticize, suggest, and bring suit against State agencies and their staff. At the same time, it stipulates that when exercising their rights and freedoms citizens shall not harm the national, social, or collective interests and other legal freedoms of citizens. Wu Gan published articles and statements such as "Three Great Classics" on information networks that sensationalized hot-button case incidents, took advantage of issues to amplify contradictions, and fabricated rumors and distorted facts. This not only severely harmed the reputation of others, it also seriously disrupted social order and severely endangered state security. What purported to be reflecting complaints and demands was in reality subversion of state power that exceeded the legal limit of the legitimate exercise of rights and freedoms, and was the commission of an offense under relevant provisions of the criminal law.
Below is translation of "The Classic on 'Drinking Tea'" that Wu Gan posted on his Instagram on July 9, 2014. The original Chinese version can be found at the end of this blog post.
The Classic on "Drinking Tea"
Wu Gan
In a nation without democracy and freedom, "drinking tea" is the only way to truly become a citizen. "Drinking tea" usually refers to being interviewed by public security or state security officials because of your speech or your civic actions. In fact, most of the time there is no tea to drink, not even plain boiled water. I believe it is necessary to overcome the fear of "drinking tea," and learn to how to handle dealings with the machinery of dictatorship. After my initial experience of terror at "drinking tea," I have subsequently grown accustomed to it. Of course, this "Classic on Tea Drinking" is merely my personal opinion, and I am just sharing my experience with everyone who will be "drinking tea." The situation will vary depending on the person and the environment.
When "drinking tea" one is usually faced with two types of people, the State Defense Department of the Public Security Bureau (domestic security defense) and the Security Office of the State Security Bureau. One will be "invited to tea" by the Security Office only if matters are related to foreign countries, while the State Defense Department is responsible for domestic affairs. State Defense is the one generally making an appearance, while the Security Office remains relatively low-key and rarely makes an appearance. Because they are human beings, they are also divided into several categories, but they are all people who perform the tasks of the machinery of dictatorship, so they can be mainly divided into 3 categories:
Brutal Type: This kind of person is of low quality and generally has psychological problems. He regards power as a tool of violence, has no humanity, and enjoys persecution and violence. He proves his authority and existence by deriving pleasure and satisfaction from perpetrating evil and violence.
Understanding Type: This person knows that what they are doing is disgraceful work, and also clearly understands the nature of the machinery of dictatorship. He understands that the regime has no future, and so he will not take the initiative to commit violence and evil. He takes his job as a way to earn a living, and undertakes those duties that are required of him.
Mechanical Type: This person has been deeply brainwashed, and their thinking conforms to the machinery of dictatorship. He treats what is wrong as what is right, and believes he is doing a very honorable job.
"Drinking tea" usually involves them coming to you or letting you go to them. Usually, it mostly means a warning. They uses warnings, instilling fear, and creating burdens to make you retreat and give up fighting for civil rights. They will also teach you political lessons, imbuing viewpoints that they think are correct, such as:
"You have a good life, why do you care about those things?"
"Now that the country has been making progress, you must also believe in the government and the Party. In the reform process, there will be such and such problems, It's normal, I believe the Party can solve it."
"So-and-so is a hostile element, a bad person, you have to be vigilant and don't associate with him."
"There is a deep water behind the so-and-so incident, and there are foreign forces involved, you have to be careful not to be used. ."
"If you don't obey, we'll be welcome next time."
"You have to think more about your family."
"Drinking tea" sometimes involves taking notes, investigations of the ins and outs of a certain event, and occasionally and demand for asks for a Letter of Assurance.
The foregoing are the types of people one must face when "drinking tea," as well as the main content of "drinking tea." What follows is my discussion about what to pay attention to when "drinking tea."
Since you can't escape the machinery of dictatorship, you can only choose to dance with wolves, so "drinking tea" sometimes requires wisdom and preparation. Before becoming a true citizen, you must do the following three things before "drinking tea":
Confirm that you can bear the consequences for what you have done, and whether you are prepared to be harassed and intimidated, be placed under house arrest, be "invited to tea," be re-educated through labor, or even be sentenced to prison.
When you fight for civil rights, you must act honorably, openly, and justly.
Have you prepared for the loss of of your freedom with information release channels, lawyers' assistance, family members and outside contact information, etc., because often you will be taken away and locked up after "drinking tea."
Points to note when "drinking tea":
Be neither humble nor arrogant, don't let your terror and fear show, and try not to be deceived and provoked in the face of violence or insults.
When you are asked something, only discuss your own part, try not to talk about others, try to pretend to be confused. The best way to plead your case is to say "I can't remember," "I forget", "I don't understand", and "I don't follow."
Tell them that what you are doing is upright, honorable, and just, and that you have made various arrangements.
Do your utmost not to have personal grievances with them, and tell them clearly that if you decide to something, you will bear the consequences yourself. Also ask them not to turn public affairs into personal animus. The spirit of contract remains a necessity.
Do your utmost not to insult their person, try not to be antagonistic, and try not to humiliate the people you deal with on the Internet unless they humiliate you.
If an individual holds a personal grudge, it is recommended to investigate them privately. As you well know, I personally have no objection to exacting justice and revenge through original blood relatives.
Under no circumstances believe their words, let alone try to persuade them. Never believe that there is anything they won't do.
Whether or not to write a Letter of Assurance is dependent on your own situation. Sometimes you can write one in order to end an unnecessary entanglement,. The Letter of Assurance is generally used by them show their leadership that they have completed a task. The Letter of Assurance you write when you are under duress does not bind you, and there is no need to abide by it.
When getting involved in public affairs it is best to do so from an external location in order to avoid unnecessary troubles caused by local interests.
They will sometimes find your employer, family, and friends to create pressure and put burdens in your lap. Dealing with this kind of burden is the most difficult, but also the most necessary. So try to let the people around you know what you're doing. Let them know you're doing the right thing, not something shady. It is difficult to get their support, but by striving for their understanding and respect it can reduce stress and misunderstandings.
On the road to becoming a citizen, you are either "drinking tea" or on the way to "drinking tea." When everyone no longer fears "drinking tea," but regards "drinking tea" as a kind of honor, then society will progress.
Example No. Seven in the court judgment was "Sensationalizing the Case of Yu Shiwen and Others Disturbing the Peace" (see State Trials of Speech in the PRC" pp. 209-211), which involved Wu Gan traveling to the city of Zhengzhou to protest the detention of Yu Shiwen (于世文) and several others (referred to online collectively as the "Ten Gentlemen") who had themselves been in Zhengzhou protesting the wrongful convictions of four individuals for murder (the four would indeed eventually be exonerated by a PRC court, see Killer Linked with Notorious Jiangxi Murder gets Death Penalty, China Daily). One of the targets of Wu Gan's "performance art" was Huang Baowei (黄保卫), who testified that while he was serving as the Director of the Public Security Bureau of Zhengzhou, Wu Gan "denigrated and cast aspersions about him on the Internet for no reason. He successively produced 'citations' on the Internet, and mobilized Internet users to engage in the 'performance art' of shooting leg guns at [him]."
Below is translation of a "citation" that Wu Gan posted on his Instagram on July 9, 2014. The original Chinese version can be found at the end of this blog post.
Instagram Text: Seeing the warriors from all walks of life who came to support the ten gentlemen, I admire their bravery and determination! They are ready to be here. If the ten gentlemen are not freed, they will not give up. This time, I mainly commend the leaders of the Zhengzhou Public Security Bureau. One of the citations:
CITATION
Zhengzhou Public Security Bureau [TEXT OBSCURED IN ORIGINAL]
In view of the outstanding performance of you and your bureau in protecting the Zhengzhou Royal No. 1 Club, I hereby confer upon you the honorary title of "Guardian of the Dark Evil Forces of the Universe." I hope you will continue to work hard and continue to escort the evil forces in Zhengzhou and generate more income and protection fees.
Pig Slaughtering Office of the Super Vulgar Butcher
July 10, 2014
 |
| Wu Gan's Citation for Huang Baowei as posted on Wu Gan's Instagram account. |
Coincidentally, on May 7, 2020, the website of the Supreme People's Procuratorate published an article titled "Henan Procuratorate Prosecutes Huang Baowei's Suspected Bribery and Corruption Cases" (河南检察机关依法对黄保卫涉嫌受贿、贪污案提起公诉). According to that article:
A few days ago, the People's Procuratorate of Anyang filed a public prosecution with the Intermediate People's Court of Anyang in accordance with the law regarding the case of former Party Secretary and Chairman of the Zhengzhou Municipal Political Consultative Conference in Henan, Huang Baowei (at the department level), being suspected of bribery and corruption.
During the review and prosecution stage, the procuratorate informed defendant Huang Baowei of his procedural rights, interrogated the defendant in accordance with the law, and heard the opinions of defense counsel. The People's Procuratorate of Anyang charged:
Defendant Huang Baowei took advantage of his positions as Secretary and Director of the Party Committee of Public Security Bureau of Sanmenxia, Secretary and Director of the Party Committee of the Public Security Bureau of Zhengzhou, Member of the Standing Committee of the CPC Zhengzhou Municipal Committee, and Secretary of the Political and Legal Committee of the Communist Party of China, to seek benefits for others, ask for and illegally accept other people's property, The amounts involved are particularly large.
He took advantage of his positions as the Party Secretary and Director of the Public Security Bureau of Sanmenxia, the Party Secretary and Director of the Public Security Bureau of Zhengzhou, to take illegal possession of public property. The amounts involved were large.
He should be charged with the crime of accepting bribes and embezzlement and bear criminal liability in accordance with the law.
 |
| Procuratorate's Announcement that Huang Baowei is Under Investigation |
Wu Gan's Self Defense Statement Before Trial
吴淦：开庭前声明（附 影印件）
2017年08月09日
言论、出版、宗教信仰、游行、集会，对政府、官员的监督、表达不满等权利，这些都是天赋人权。也是"宪法"（假设它是真的），赋予和保障的公民权利。更是世界各国所认可和遵循的普世价值。如果因有人行使这些权利而遭入罪，都是这个国家与时代的耻辱，也必将为世人所耻笑与唾弃。叫一个人对行使这些权利是否有罪去作辩护，我认为这是对一个正常人的侮辱。
在中国大陆，若意识形态与信仰与当权者不符，很容易遭罗织"莫须有"的罪名迫害。1949年中共建政以来，在文化大革命和历次政治运动中，遭迫害的知识分子、八九一代、民主党人、法轮功学员等。到近几年，因捍卫正当权利而遭迫害的公民、人权律师，千千万万遭打击报复的无辜者，他们哪一个是有罪的？几十年来换汤不换药，本质一直没有变。
他们对我的指控，都是这些年大家公开看到的亊。无非是一些言论，写了三个宝典；对无辜受害者的声援与帮助；对胡作非为公权力和官员的揭蕗及行为艺术表达。这些都是一个公民在正当地行使权利。同时，这些公民权利，也是每一个人都应当去捍卫的。
我将被判有罪，不是因为我真的有罪，而是因为我不肯接受官方指定律师；不认罪及上媒体配合宣传；坚决揭露他们对我的酷刑、虐待等各种暴行；揭露检察院包庇、渎职行为。
专案组曾告知我，此案是领导定调，检、法走个程序过场。在我知道开庭只是为了判我有罪而演出的一场闹剧的情况下，本人不对我所言所行作辩护。无罪的人无需为自己辩护。
另外，在公安各种程序违法、酷刑、虐待、侵占我财物、强迫我采访、强迫我放弃自己请律师的权利，这些违法行为没有得到査处情况下，开庭没有任何意义。
我知道将被重判，但我永远不会为自己的所做所为，及今天的选择而后悔。只为连累家人，只为自己做的太少，而愧疚自责。民众的声接与支持，律师们的坚持与付出，就是对我最好的"判决"。黑白是非不会被颠倒，正义终将战胜邪恶。历史车轮滚滚向前，不会因一些人阻挡而停住。那些企图阻挡人类文明进程的人，终将被钉在历史的耻辱柱上。
在"伟光正"的残暴统治下，不被"犯罪"都不好意思。再不"犯罪"我们都老了。被判颠覆中共政权罪于我是莫大荣誉，在争取民主自由、捍卫公民权利的征途中，一份出自独栽专制政权的有罪判决书，就是颁给民主自由战士的一座金光闪闪的奖杯。
我拒绝辩护，仅借此机会感谢颁奖！谢谢！；
声明人：吴淦（签名）
二0一七年月曰
Wu Gan's Classic on Drinking Tea
"喝茶"宝典
吴淦
在没有民主自由的国度，"喝茶"是想成为一个真正公民的必经之路，"喝茶"通常指因为你的言论或你的公民行动被警察、国安约谈，其实多数时候是没有茶喝的，甚至连白开水都没有。战胜"喝茶"恐惧，学会跟专政机器打交道我觉得很有必要，我也是从起初的"喝茶"恐惧到经历到后来习以为常的。当然这个"喝茶宝典"只是我个人的一些看法，只是把经验与各位即将被"喝茶"的人一起分享，情况会因为自身和所处的环境不同而异。
"喝茶"通常是面对公安局国保（国内安全保卫）和安全局国安两类人，如果和外国有关联，才会被国安"喝茶"，国保负责国内的事。国保一般都在台面上，国安比较低调和不常露面。因为是人，所以他们也分好几类，但他们都是执行专政机器任务的人，故主要可以分为3类：
（1）残暴型：这种人素质低，一般心理有问题，把权力当成施暴工具，没有人性，以迫害和施暴为乐，通过作恶和施暴以此来证明自己的权威和存在，从作恶施暴中得到快感和满足。
（2）明白型：知道自己所从事的是一种不光彩的工作，也清醒地明白这专政机器本质，也知这政权来日不多，所以不会主动施暴和主动作恶，把这工作当混饭，有任务就执行。
（3）机器型：被洗脑灌输很厉害，思维和专政机器一致，会把错误的东西当正确来做，认为自己在从事很光荣的工作。
"喝茶"通常是他们上门找你或让你去他们那里，一般是警告意味比较多，通过警告、制造恐惧、制造包袱让你退却和放弃争取公民权利，他们也会对你上政治课，灌输他们认为正确的观点，比如："你自己生活好了，去管那些事情干嘛？""现在国家一直在进步，你也要相信政府和党。在改革进程中会出现这样那样的问题，很正常，相信党能解决。""某某人是敌对分子，是坏人，你要警惕，不要和他交往。""某某事件背后水很深，有外来势力参与，你要注意不要被利用。""你如果再不听话，下次我们就不客气了。""你要为家人多考虑着想"等等。"喝茶"有时会做笔录，调查某一件事的来龙去脉，有时还要求写保证书。
以上是"喝茶"要面对的人的类型和"喝茶"的主要内容，下面我谈谈"喝茶"要注意哪些东西。
既然你无法摆脱专政机器，只能选择与狼共舞，所以"喝茶"有时也需要智慧和做好准备。成为真正公民前，在"喝茶"前你要做好以下3点：
（1）确认你所做的事情是你所能承担的、是否做好了准备，比如被骚扰恐吓、被软禁、被"喝茶"、被劳教甚至被判刑。
（2）你在做那些公民权利争取时，一定要做到阳光、公开、正义。
（3）你是否做好了你如果失去自由后信息发布的渠道、律师帮助、家属和外界联系方式等等准备，因为很多时候"喝茶"完就被带走关起来。
"喝茶"中要注意的事项：
（1）不卑不亢，不要显示出你恐惧害怕心态，面对暴力或侮辱，尽量不要上当被激怒。
（2）问你事情的时候，只说你自己的部分，别人的尽量不要去说，尽量装糊涂。"记不清"、"忘记了"、"不了解"、"搞不懂"都是最好的托词。
（3）告诉他们，自己所从事的事情是光明磊落、阳光的，是正义的，自己也做好了各种准备。
（4）尽量不要和他们个人结下个人恩怨，明白告诉他，如果你决定要做，自己会承担后果，也请他们个人不要把公事变私仇，有些契约精神还是需要的。
（5）尽量不要去侮辱他们人格，尽量不要对立，尽量不要在网上去羞辱和你打交道的人，除非他们羞辱了你。
（6）如果个人结下私仇，建议去私下了解调查他，原始血亲正义复仇我个人不反对，这你懂得。
（7）千万不要相信他们的话，更不要试图去说服他们。千万不要相信他们有什么事做不出来。
（8）写不写保证书，根据你自己的情况而定，有时为了结束无谓的纠缠，可以写。保证书一般是他们拿去交差用，你在被胁迫情况下所写的保证书，不对你有约束作用，没有必要去遵守。
（9）介入公共事务，最好是异地介入，避免地方利益引起的不必要麻烦。
（10）他们有时会找你单位、家人、朋友，制造压力，让你有包袱，对这类包袱处理是最难的，也是必须面对的，所以你尽量让你身边的人知道你在做什么，让他们知道你在从事阳光正义的事情，而不是见不得人的事情。得到他们支持是很难的，但要争取他们的理解和尊重，这样可以减轻压力，减少误会。
成为公民的道路上，你不是在"喝茶"，就是即将要去"喝茶"的路上，每个人都不怕"喝茶"了，都把"喝茶"当成一种荣光，这社会就进步了。
Wu Gan's Citation to Huang Baowei
见到来声援十君子的各路勇士,他们的勇敢和决心让我佩!他们准备在此,十君子不自由,他们就不罢休,我这次主要来表扬郑州公安局领导,嘉奖令之一:
嘉奖令
郑州市公安局局
鉴于你和你局在保护郑州皇家一号会所的杰出表现,特授予:「宇宙黑暗邪恶势力保护神」,荣誉称号,希望你们再接再励,继续为郑州邪恶势力保驾护航,多创收保护费。
超级低俗屠夫杀猪办
2014年7月10日
Government Statement: Henan Procuratorate Prosecutes Huang Baowei's Suspected Bribery and Corruption Cases
https://www.spp.gov.cn/spp/qwfb/202005/t20200507_460552.shtml
河南检察机关依法对黄保卫涉嫌受贿、贪污案提起公诉
时间：2020-05-07作者：来源：高检网
日前，河南省郑州市政协原党组书记、主席黄保卫（正厅级）涉嫌受贿罪、贪污罪一案，经河南省人民检察院指定管辖，由安阳市人民检察院依法向安阳市中级人民法院提起公诉。
检察机关在审查起诉阶段依法告知了被告人黄保卫享有的诉讼权利，依法讯问了被告人，听取了辩护人的意见。安阳市人民检察院起诉指控：被告人黄保卫利用其担任三门峡市公安局党委书记、局长，郑州市公安局党委书记、局长，中共郑州市委常委、政法委书记的职务便利，为他人谋取利益，索取、非法收受他人财物，数额特别巨大；利用其担任三门峡市公安局党委书记、局长，郑州市公安局党委书记、局长的职务便利，非法占有公共财物，数额巨大，依法应当以受贿罪、贪污罪追究其刑事责任。
