Saturday, March 19, 2022

Xu Zhiyong's Girlfriend Li Qiaochu Indicted (Full Translation)

Xu Zhiyong (许志永) was a lecturer at the Beijing University of Post and Telecommunications, a civil rights lawyer, and one of the founders of the civil society groups Open Constitution Initiative ("Gong Meng" 公盟) and the Chinese News Citizens' Movement (中国新公民运动). In the August 2009 edition of China's Esquire Magazine (时尚先生) Xu said:

I hope that our country can be a free and happy one. No person need betray their conscience. Everyone needs only rely on their talent and character to find their position in life. A simple and happy society, where the goodness of humanity may find its apex, and its malice finds its nadir, where honesty, trust, kindness, and helping one another becomes commonplace, where there is not so much anger and anxiety, and there is a pure smile on every face.

我希望我们是个自由、幸福的国家。每个人不需要违背良心,只要靠自己的才能和品德就可以找到合适的位置;一个简单而幸福的社会,人性的善得到最大的张扬,恶得到最大的抑制;诚实、信用、友爱、互助将成为我们生活的常态,没有那么多烦恼和愤怒,每一个人脸上是纯真的笑容。

Soucre: "Mr. Fashion"  [时尚先生] official blog, archived at https://web.archive.org/web/20090809125245/http://blog.sina.com.cn/s/blog_47404fc70100efcv.html

In 2014, Xu was imprisoned for organizing small scale demonstrations to draw attention to the lack of educational opportunities for the children of migrant workers. This blog covered the censorship surrounding his detention, trial, and conviction:

A full translation of the court judgment in Xu's case can be found in "State Prosecutions of Speech in the People's Republic of China: Cases Illustrating the Application of National Security and Public Order Laws to Political and Religious Expression" (中華人民共和國政府對言論的訴追:有關國家安全及公共秩序相關法律適用於政治及宗教言論的案例彙編). Available for free download here: https://www.feichangdao.com/publications/state-prosecutions-vol-1.

Xu was released on July 15, 2017 following completion of his sentence.

On January 1, 2020, Xu published an article on his website titled "Change — A 2020 New Year’s Message" (改变 — 2020新年献词). Some excerpts:

Enter 2020 in the march of history: another wave of crackdown against civil society is sweeping across China: NGO worker Cheng Yuan (程渊) in Changsha has been arrested; Pastor Wang Yi (王怡) in Chengdu was handed a heavy nine-year prison sentence; the last few days have seen the detentions of Ding Jiaxi (丁家喜), Zhang Zhongshun (张忠顺), Dai Zhenya (戴振亚), Li Yingjun (李英俊), Huang Zhiqiang (黄志强).

Where is China heading? Can it sail through the historical gorges and move towards the broadway of modern civilization without upheaval? What choice is each Chinese going to make? Do we struggle in the quagmire of dictatorship, or rise to the call of a constitutional democracy? I ask each and every member of the Communist Party and each and every citizen to weigh an answer.
. . . .
What is the “China Dream”? What is the real intention behind its semantic mimicry of the dream of freedom that every American cherishes? Under its pretty appearance is disregard for institutions, values, and culture. The number of “Confidences” has grown from three to four, but is it real confidence? Its guiding ideology is nothing but bogus socialism. Its one-party system distorts the market and impedes economic development. Its path, defined by thirty years of class struggle and thirty years of economic development, is a self-contradiction. As for its culture, it embraces Marxism-Leninism, while thoroughly smashing the Confucian tradition and pillaging the Chinese civilization.

Personnel: Xi Jinping has chosen nepotism over talent, personal loyalty over integrity. His government endeavored to drive the “low-end” people out of the capital to the anger of hundreds and thousands of people; it tried to “clean” the cityscape by using force to remove signs of businesses, and was met with all-around condemnation. Without any sense of shame, his administration penned articles denouncing constitutionalism and beating the drum for one-man rule. No theory and no talent, he believes in the personal cult of himself. China has no shortage of capable men and women, how can he possibly enjoy popular support with such a narrow mindset?

程渊等被捕,王怡被重判,丁家喜、张忠顺、戴振亚、李英俊、黄志强等被抓捕,公民社会再次遭遇打压之际,历史迎来2020年。

中国向何处去?能否顺利走出历史的三峡,走向现代文明康庄大道?我们每个中国人要做出什么样的选择?继续在专制深渊中挣扎,还是奋起直追民主宪政现代文明? 请每一个共产党员,每一个公民认真回答。
. . . .
中国梦,美国每个国民的自由梦,到了中国什么内容?美丽中国,只顾外表,不讲制度不讲价值不讲文化。自信三个变四个。真自信吗?理论,歪曲了本来的社会主义。制度,一党专制扭曲市场阻碍经济发展。道路,前三十年阶级斗争后三十年经济建设,前后互不否定?文化,砸烂孔庙浩劫中华文明,认西方马列为祖宗。

用人。之江新军,小兄小弟,无问才能品德,只顾个人效忠。驱逐低端,天怒人怨,天际线运动,蛇尾而终。公然撰文反对宪政,鼓吹定于一尊。无理论无才能,偏执大树个人崇拜。神州大地人才济济,如此格局胸怀怎能服众?

Translation: https://chinachange.org/2020/01/01/change-a-2020-new-years-message/
Chinese Original: https://cmcn.blog/2020/02/10/%e6%94%b9%e5%8f%98-2020%e6%96%b0%e5%b9%b4%e7%8c%ae%e8%af%8d/

Censorship began immediately. The screenshot on the left below was taken on January 2, 2020, and shows that a search for "Xu Zhiyong" returned over 230,000 results, including results from social media (blogchina.com, Sina Weibo) and foreign (canadainternational.gc.ca) websites. The screenshot on the right below was taken on January 3, 2020, and shows the same search on Baidu returns 84 results, all from about 10 websites operated by the central government.

On February 4, 2020, Xu Zhiyong published an open letter to Xi Jinping on his website (cmcn.blog) dated January 20 entitled "A Written Admonishment Urging Retirement" (劝退书). Xu signed the letter "written while on the run." Some excerpts:

China is not the land of peace, prosperity, self-congratulation, and rapid advancement that you imagine it to be in your dreams. I’m deeply concerned about our nation’s future; I am afraid that a system that is so tightly wound up is a dangerously brittle one; and, I’m worried that there is no meaningful or substantive form of civil society that can deal with the situation. For long years now, it has been evident that the responsible citizens of this country are builders. I only hope that the celebrated “inner Party democracy” you Communists talk about has not entirely disappeared. I hope that there is still some room for meaningful change [within the system], change that will give civil society a chance to evolve.

[Early in your tenure] you bemoaned the fact that the Soviet Union collapsed because no “True Man” stood up to protect the system. But how can you expect there to be a “True Man” when you, The Revered One, sits at the pinnacle with millions fawning at the foot of your throne? Autocracy encourages sycophants to crowd around the Emperor, but this particular Emperor’s new clothes are on full display for all to see. Yet, even now, the people of China dare not “comment inappropriately” about what is in front of them. Well, I’m like that kid who blurted out the truth—the Emperor has no clothes!

Sometimes I look up at the star-filled sky and ask myself: Who am I and why am I here? Have you ever asked yourself such questions? Occasionally, when I find myself at some vantage point, I look down at the world spread out below and think to myself: I am but a speck of dust. Have you ever done that? Life is so short, why delude yourself and cleave to folly? Have you ever stopped to ponder such things?

The Great Way is one that allows all to share in the bounty of the world. How can the Mountains and Rivers only be of one color—red? [Note: “Mountains and Rivers” is a poetic term for the geopolitical realm of China.] The roiling tides of the world are irresistible, why strain so strenuously and fight against them? Soon you’ll reach the end of your second [five-year] term in office. I submit that it is high time that you called it quits and just stay at home.

中国不是您梦中的高歌猛进,太平盛世。我为中国的未来深切忧虑,担心这越来越绷紧的体制突然脆断而公民社会尚没准备好。负责任的公民,我们是建设者,多年一直如此。希望贵党多年自诩的党内民主还没有彻底死去,还有点改良空间,也给公民社会多一点成长时间。

您慨叹苏共结束时,竟无一人是男儿。一尊高高在上,万人匍匐在地,专制体制决定了,皇帝身边云集奴才屁精,怎会有堂堂男儿?皇帝新装大游行,国民莫敢妄议。现在,我是那个说出真话的孩子。

有时仰望星空,我是谁,为什么来到这世上?您叩问过吗?有时站高处回望尘世间,渺如尘埃的自己。您回望过吗?生命如此匆匆,何苦执迷,何苦虚妄?您沉思过吗?

大道之行,天下为公,何来江山一色?世界潮流,浩浩荡荡,何苦逆流而动?两届期满,归家休息吧。

Translation: Geremie R. Barmé, https://www.chinafile.com/reporting-opinion/viewpoint/dear-chairman-xi-its-time-you-go
Chinese Original: https://cmcn.blog/2020/02/04/%e5%8a%9d%e9%80%80%e4%b9%a6/

On February 15, 2020, Beijing Public Security Bureau authorities took Xu into criminal detention on suspicion of inciting subversion of state power. On August 5, 2021, Xu was indicted for committing the crime of subverting state power. According the indictment:

In September 2017, defendant Xu Zhiyong directed his girlfriend Li Qiaochu (dealt with in a separate case) to establish a personal blog for Xu Zhiyong and arranged for Li to disseminate a large quantity of Xu Zhiyong’s inciting articles that promote ideas of subverting state power.

2019年9月,被告人许志永指使其女友李翘楚(另案处理)搭建许志永个人博客,并安排李翘楚在该博客上传播许志永撰写的大量煽动性文章,宣扬颠覆国家政权思想。

Translation: https://chinachange.org/2021/10/06/indictment-of-citizens-movement-advocate-xu-zhiyong-a-full-translation/

On March 19, 2022 former Beijing-based civil rights lawyer Wang Yu (王宇) posted the following on her Twitter account:

Li Qiao has been indicted!

A kind young woman, because she was "deeply influenced by her lover's thoughts," "set up a personal website for him" and "uploaded her lover's articles" – can this serve as the basis for a conviction? Let alone for the crime of inciting subversion of state power!

This is naked conviction for  thoughts and words!

I'm speechless!

I just want to ask the prosecutors: Where are your professional ethics as persons of the law?

李翘楚被起诉!

一个善良的女孩,因为“深受恋人的思想的影响”“为他搭建了个人网站”“上传了他恋人的文章”——这能定罪吗?更别说是什么煽动颠覆国家政权罪!

这就是赤裸裸的以思想和言论定罪!

我已经无语了!

我就想问问检察官:你们的法律人的职业操守都哪里去了!


Source: https://twitter.com/wangyulawyer/status/1504986213933264898

Li Qiaochu. Source: Cmcn.blog.

Wang's post included images of the indictment, which is translated below.

People's Procuratorate of Linyi, Shandong

Indictment

Lin Procuratorate First Division Criminal Indictment (2022) No. 21

Defendant Li Qiaochu, female, born on January 13, 1991, ID number [OMITTED IN ORIGINAL], Han nationality, masters student education, from Yining, Xinjiang Uyghur Autonomous Region, unemployed, household registration and residence at [OMITTED IN ORIGINAL] Beijing,. On February 16, 2020 she was placed under residential confinement at a designated location at a location designated by the Public Security Bureau of Haidian, Beijing, and was released on bail pending trial on June 19 of the same year. On January 18, 2021, the Public Security Bureau of Haidian, Beijing, transferred the case to the Public Security Bureau of Linyi in accordance with the law. On February 6 of the same year, she was criminally detained by the Public Security Bureau of Linyi. With the approval of our office, her arrest was executed on March 14 of the same year.

The Public Security Bureau of Linyi concluded the investigation of the case, and defendant Li Qiaochu was transferred to this office for prosecution on August 13, 2021 on suspicion of inciting subversion of state power. After accepting the case, the office informed the defendant of the relevant legal provisions regarding her right to appoint defense counsel and to plead guilty and accept punishment, interrogated the defendant in accordance with the law, heard the opinions of the defense counsel, and reviewed all the case materials. On September 28 and December 13, 2021, this office returned the case to the investigation agency for supplementary investigation, and the investigation agency completed the supplementary investigations on October 28, 2021 and January 13, 2022, respectively, and transferred the case for prosecution. On September 14 and  November 29, 2021, and February 14, 2022, the court extended the review and prosecution period for 15 days.

An examination by this office ascertained:

Defendant Li Qiaochu and Xu Zhiyong (being handled in a separate case) were lovers, and she was deeply influenced by Xu Zhiyong's ideology of subverting state power. In September 2019, under the instruction of Xu Zhiyong, defendant Li Qiaochu set up a personal blog for Xu Zhiyong (with the domain name cmcn.home.blog, later changed to cncn.blog), uploaded a large number of articles written by Xu Zhiyong that subverted state power, and promoted the idea of subverting state power.

Evidence determining the aforementioned facts is as follows:

1. Physical evidence: laptop computer, U disk, etc.;

2. Documentary evidence: Case Registration Form, household registration information, etc.;

3. Witness testimony: testimony of witness Zhang Zhongshun and others;

4. Defendant's confession and defense: Defendant Li Qiaochu's confession and defense;

5. Appraisal opinion: judicial appraisal opinion, etc.;

6. Inquiry, inspection, and identification records: remote inspection records, inspection records, identification records, etc.;

7. Electronic data.

This office believes that defendant Li Qiaochu incited to subvert state power and overthrow the socialist system, and her actions were the commission of an offense under the provisions of Article 105(2) of the "Criminal Law of the People's Republic of China." The criminal facts were clear and the evidence was reliable and copious, and she should be held criminally liable for the crime of inciting subversion of state power. This public prosecution is filed accordance with the provisions of Article 176 of the "Criminal Procedure Law of the People's Republic of China," and requests that she be sentenced in accordance with the law.

Respectfully,

Intermediate People's Court of Linyi, Shandong

Procurators     Tan Changzhi
                        Li Tao
                        Lu Xiaowei

Procurators' Assistant    Zhang Qingsong

February 28, 2022

Attachments:

1. Defendant Li Qiaochu is currently detained in Linyi City Detention Center, Shandong;
2. 20 volumes of case file materials.

山东省临沂市人民检察院
起诉书
临检一部刑诉(2022)21号


被告人李翘楚,女,1991年1月13日出生,公民身份号码[OMITTED IN ORIGINAL],汉族,硕士研究生文化,新疆维吾尔自治区伊宁市人,无业,户籍地、住所地[OMITTED IN ORIGINAL]。北京市因涉嫌煽动颠覆国家政权罪,于2020年2月16日被北京市公安局海淀分局指定居所监视居住,同年6月19日被取保候审。2021年1月18日因本案由北京市公安局海淀分局依法移送山东省临沂市公安局办理,同年2月6日被临沂市公安局刑事拘留,经我院批准,同年3月14日被执行逮捕。

本案由临沂市公安局侦查终结,以被告人李超楚涉嫌煽动颠覆国家政权罪,于2021年8月13日向本院移送起诉。本院受理后,于当日告知被告人有权委托辩护人及认罪认罚的相关法律规定,依法讯问了被告人,听取了辩护人的意见,审查了全部案件材料。本院分别于2021年9月28日、12月13日将案件退回侦查机关补充侦查,侦查机关分别于2021年10月28日、2022年1月13日补充侦查完毕移送起诉。本院分别2021年9月14日、11月29日、2022年2月14日各延长审查起诉期限15日。

经依法审查查明:

被告人李翘楚与许志永(另案处理)系恋人关系,深受许志永颠覆国家政权思想影响。2019年9月,被告人李超楚在许志永的指使下,为许志永搭建个人博客(域名cmcn.home.blog,后更改为cncn.blog),上传许志永撰写的大量颠覆国家政权文章,宣扬颠覆国家政权思想。

认定上述事实的证据如下:

1.物证:笔记本电脑、U盘等;2.书证:受案登记表、戶籍信息等;3.证人证言:证人张忠顺等人的证言;4.被告人供述和辩解:被告人李翘楚的供述和辩解;5.鉴定意见:司法鉴定意见书等;6.勘验、检查、辨认笔录:远程勘验笔录、检查笔录、辨认笔录等;7.电子数据。

本院认为,被告人李翘楚煽动颠覆国家政权、推翻社会主义制度,其行为触犯了《中华人民共和国刑法》第一百零五条第二封之规定,犯罪事实清楚,证据确实、充分,应当以煽动颠覆国家政权罪追究其刑事责任。根据《中华人民共和国刑事诉讼法》第一百七十六条的规定,提起公诉,请依法判处。

此致

山东省临沂市中级人民法院

检察官        谭长志
                    李涛
                    陆晓炜

检察官助理张庆松

2022年2月28日

附:

1.被告人李翘楚现羁押于山东省临沂市看守所;
2.案卷材料20册。