Translation: State v. Tan Zuoren - Inciting Subversion
NOTE: This post was published on December 6, 2020, but this post is dated the date the court judgment was issued in order to prevent confusion.
Intermediate People's Court of Chengdu
(2009) Cheng Xing Criminal First No. 273
The public prosecution agency was the People's Procuratorate of Chengdu, Sichuan.
Defendant Tan Zuoren, male, born [INTENTIONALLY DELETED], 1954 in Chengdu, Sichuan ,Han ethnicity, associates degree, unemployed, residing in [INTENTIONALLY DELETED], Wuhou District, Chengdu. On March 28, 2009, he was taken into criminal detention on suspicion of inciting subversion of state power, and he was arrested on suspicion of committed the crime of inciting subversion of state power on April 30 of the same year. He is currently being held in detention at the Wenjiang District Detention Center, Chengdu.
Defense counsel Xia Lin, Beijing Huayi Law Firm.
Defense counsel Pu Zhiqiang, Beijing Huayi Law Firm.
In the Cheng Procuratorate Criminal First Prosecution (2009) No. 183 indictment the People's Procuratorate of Chengdu, Sichuan charged defendant Tan Zuoren with committing the crime of inciting subversion of state power, and on July 28, 2009 filed a public prosecution with this Court. This Court formed collegial panel in accordance with the law, and convened public hearings to try this case. The People's Procuratorate of Chengdu assigned Acting Procurator Wang Yihong to appear in court in support of the public prosecution, Clerk Li Zhenzhen acted as the transcriber, and defendant Tan Zuoren and his defense counsels Xia Lin and Pu Zuhiqiang appeared in court to participate in the proceedings. The trial has now concluded.
The People's Procuratorate of Chengdu's indictment charged that defendant Tan Zuoren was dissatisfied with the Communist Party of China Central Committee's handling and characterization of the "Tiananmen Incident," and for many years used various methods to undertake so-called "June Fourth" commemoration activities. On May 27, 2007, Tan Zuoren concocted the article "1989: A Witness to the Last Beauty: An Eyewitness' Tiananmen Square Diary" (hereinafter the Tiananmen Square Diary"), and used the Internet to post the article on foreign websites such as "Fire of Liberty." In that article Tan Zuoren made distorted descriptions of, and defamed, the Communist Party of China Central Committee's handling of the "Tiananmen Incident." Not long after the article was posted, hostile foreign element Wang Dan used email to proactively contact Tan Zuoren, and sent him "June Fourth" propaganda materials on several occassions.
On June 4, 2008, Tan Zuoren and others used a blood drive at a blood donation station at Chengdu's Tianfu Square to commemorate "June Fourth," and during this time also accepted a telephone interview with the foreign hostile media outlet "Voice of Hope."
After November 2008, Wang Dan sent materials to Tan Zuoren to commemorate activities on the 20th anniversary of "June Fourth." On February 10, 2009, Tan Zuoren sent Wang Dan and email with some suggestions of activities to commemorate the 20th anniversary of June Fourth, suggesting that in period around "June Fourth" 2009 there be held a so-called "June Fourth Global Chinese Blood Drive" to commemorate the 20th anniversary of " June Fourth." After the "Great Wenchuan Earthquake of May 12" took place in 2008, on several occassions Tan Zuoren accepted interviews from foreign media, and made statements that severely denigrated the image of the Party and the government. On March 27, 2009, Tan Zuoren was apprehended and brought to justice by the public security agency.
In support of the aforementioned charged criminal facts, the People's Procuratorate of Chengdu, Sichuan submitted evidence including criminal case acceptance registration forms, case process descriptions, search records, seize items lists, witness testimony, and the defendant's statements.
The People's Procuratorate of Chengdu, Sichuan believes that Tan Zuoren 的行为已committed an offense under the provisions of Article 105 of the "Criminal Law of the People's Republic of China, and should be held criminally liable for committing the crime of inciting subversion of state power.
Defendant Tan Zuoren and his defense counsel did not raise any objections to the facts in this case, but argued that his actions did not constitute the commission of a crime, and submitted to this court a few items of evidence collected by defense counsel.
It was ascertained at trial that defendant Tan Zuoren was dissatisfied with how the government of the People's Republic of China dealt with the "Tiananmen Incident" in accordance with the law. On May 27, 2007, Tan Zuoren concocted a so-called "reportage" article with the name Tiananmen Square Diary, and this article disregarded objective facts, wildly distorted, smear, and denigrated how the government of the People's Republic of China dealt with the "Tiananmen Incident" in accordance with the law, and incited people at home and abroad to oppose and confront the government of the People's Republic of China. On June 4, 2008, Tan Zuoren conspired with others to hold a "blood drive" in Chengdu's Tianfu Square to commemorate the so-called "Tiananmen Incident," an at that scene accepted an interview with the foreign media outlet "Voice of Hope" in which he publicly declared that he was "inheriting the spirit of June Fourth" by "voluntarily donating blood." On that day the "Voice of Hope" website published a report based on the contents of Tan Zuoren's interview. On March 27, 2009, Tan Zuoren was apprehended and brought to justice by the public security agency.
The aforementioned facts were substantiated by the following evidence examined and certified in court:
1. The Criminal Case Acceptance Registration Form, Decision to Open the Case, and Description of the Apprehension Process confirmed the circumstances under which the public security agency apprehended Tan Zuoren.
2. Search warrant、search record and explanation of circumstances, seized itmes list, and an optical disc with a video of the search process confirmed that the public security agency searched Tan Zuoren's residence in accordance with the law and seized a computer and related materials suspected of belonging to Tan Zuoren.
3. The Cheng Public (Network Surveillance) Investigation (2009) No. 007 electronic investigation work record and printouts of computer screenshots confirmed that in accordance with the law the public security agency seized Tan Zuoren's computer's D drive and collected from it an electronic file "1989: A Witness to the Last Beauty: An Eyewitness’ Tiananmen Square Diary," and the content was consistent with the "Tiananmen Square Diary" downloaded from the foreign "Fire of Liberty" website on May 27, 2007. Tan Zuoren signed this document confirming it was produced and first distributed by him on the "Fire of Liberty" website. This text distored, smeared, and denigrated the government's disposition of the "Tiananmen Incident" in accordance with the law, and incited incited people to oppose and confront the government. The public security agency collected a screenshot of a sound recording of Tan Zuoren's interview with the media on June 4, 2008 posted on the foreign "Voice of Liberty" website on that day, which was signed by Tan Zuoren confirming that the content of the interview by the foreign media "Voice of Hope" is consistent with what he said, and the content was Tan Zuoren and others saying to use blood drives to commemorate the "Tiananmen Incident."
4. Household registration information confirmed Tan Zuoren's basic identification situation.
5. Witness testimony of witnesses Chen Yunfei and Huang Xiaomin confirmed that on June 4, 2008 Tan Zuoren and others to commemorate the "Tiananmen Incident" by donating blood in Tianfu Square.
6. Defendant Tan Zuoren's statement confirmed he authored "1989: A Witness to the Last Beauty: An Eyewitness’ Tiananmen Square Diary" in May 2007, and on May 27, 2007 used the Internet to first post it on the foreign "Fire of Liberty" website. On June 6, 2008 he conspired with others to commemorate the "Tiananmen Incident" with blood donations in Tianfu Square, and accepted an interview with the foreign "Voice of Hope" website to explain the goals and meaning of donating blood. That day the "Voice of Hope" website posted the content of the interview.
The aforementioned evidence was examined and verified in court, and the evidence's origina was legal and it is objectively true and related to this case. The evidence can mutually corroborate each other to create a chain, and it is given credence in accordance with the law.
With respect to the People's Procuratorate of Chengdu, Sichuan's charge that defendant Tan Zuoren concocted the "Tiananmen Square Diary" and published it in foreign media, and advocated the so-called "June Fourth Spirit" by donating blood, the facts are clear, the evidence is reliable and copius, and is affirmed in accordance with the law. The evidence proferred by his defense counsels that the charges against him should not be affirmed bears no relationship to the recognized facts, and is not given credence.
This Court finds defendant Tan Zuoren incited subversion of the State regime of the People's Republic of China and the overthrow the socialist order system through rumormongering and defamation, and his actions constitute the commission of the crime of inciting subversion of state power. The opinion proffered by defendant Tan Zuoren and his defense counsels that Tan Zuoren's actions do not constitute the commission of the crime of inciting subversion of state power is not consistent with the law or the facts ascertained during the trial and is not accepted by this Court. In accordance with the provisions of Articles 105(2), 56, 55(1), 47, and 58 of the "Criminal Law of the People's Republic of China" the judgment is as follows:
Defendant Tan Zuoren committed the crime of inciting subversion of state power, and is sentenced to a fixed term imprisonment five years and three years deprivation of political rights. (The prison term is to be calculated starting on the day the judgment is executed, and each day in custody prior to the execution of the judgment shall count as one day of the prison term, that is, from March 28, 2009 to March 27, 2010.)
If any party does not accept this judgment, they may within 10 days after the second day after receiving this written judgment bring an appeal through this Court or directly to the High People's Court of Sichuan. A written appeal should be submitted with one original and two copies of the appeal brief.
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被告人谭作人，男，1954年 [INTENTIONALLY DELETED]出生于四川省成都市，汉族，中专文化，无业，住成都市武侯区 [INTENTIONALLY DELETED]。2009年3月28日因涉嫌煽动颠覆国家政权被刑事拘留，同年4月30日因涉嫌犯煽动颠覆国家政权罪被逮捕，现羁押于成都市温江区看守所。
2008年11月后，王丹多次向谭作人投发纪念"六四"二十周年活动相关资料。2009年2月10日，谭作人向王丹发出一份《六四20周年纪念活动建议》的电子邮件，建议在 2009年"六四"期间实施所谓的"六四全球华人义务献血活动" 以纪念"六四"二十年。2008年"5.12汶川大地震"发生后，谭作人多次接受境外媒体采访，发表了大量严重诋毁党和政府形象的言论。2009年3月 27日，谭作人被公安机关挡获归案。
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