Tuesday, October 8, 2013

Baidu's Encyclopedia and News Websites Delete Information About Official Killed During Shuanggui

On April 11, 2013, the state-sponsored Global Times published an article entitled "Wenzhou Official Under Shuanggui Dies." Some excerpts:
A Party member and chief engineer for a State-owned enterprise in Wenzhou, Zhejiang Province, died in suspicious circumstances Tuesday while being held for investigation by the city's commission for discipline inspection.
The People's Procuratorate of Wenzhou said the man, Yu Qiyi, "suffered an accident" Monday night and died in hospital at 3:15 am on Tuesday. However, Yu's family slammed claims his death was accidental, insisting photos circulated online show he had bruises and appeared to have been bitten.
Yu, born in 1971, was the chief engineer of the Wenzhou Industry Investment Group.
He was being held under shuanggui, a procedure in which Party and government officials are asked to confess to wrongdoings for serious violations of Party discipline and State laws.
. . . .
The hospital listed the cause of Yu's death as drowning, noting he was unconscious when admitted for treatment, his father said. 
 This screenshot was taken on October 8, 2013, and shows that Baidu has banned users from establishing forums on its PostBar (贴吧 Tieba) forum on the subject of "Shuang Gui" (双规).

On April 16, the Global Times published an article entitled "Family Slams Autopsy of Official Who ‘Suffered an Accident’ in Custody." Some excerpts:
Yu Zusheng, father of the deceased official, told the Global Times on Monday that the police ignored requests from the family to have a third party present, and performed the postmortem examination on their own at around 9:30 am on Sunday.
. . . .
"I don't understand why the police are being so secretive and want to keep us out of this. It has been seven days since the death of my son. There is more than enough time to find out when the death occurred and who are the potential suspects," said Yu Zusheng.
Pu Zhiqiang, lawyer of the Yu family, told the Global Times that his client will challenge the legitimacy of the autopsy and whatever evidence came out of it in court because it was not conducted independently.
On September 4, the Global Times published an article from the state-sponsored Beijing Times (京华时报) entitled "Wenzhou Official Dies During Shuanggui After Having His Head Repeatedly Pushed Under Water" (温州官员双规期间被纪委人员反复按头闷水致死). Some excerpts:
On April 9 of this year, Wenzhou official Yu Qiyi died under unusual circumstance while under shuanggui. Beijing Times reporters learned yesterday that his case will be adjudicated in another jurisdiction - the Intermediate People's Court in Quzhou, Zhejiang. On August 30, the Quzhou Procurotorate filed indictments in Yu Qiyi's case against six Communist Party cadres. The indictments claims that five of the six are officials with the Discipline and Inspection Office, while the remaining individual was seconded from the Procurotorate. The Procurotorate claims that in order to force Yu Qiyi to disclose information, they repeatedly stuffed him into a ice-filled bath, resulting in his death, placing them under suspicion of murder.
. . . .
The indictments say the six defendants are Cheng Wenjie, Wu Zhiwei, Li Xiang, Nan Yu, Gu Chenfu, and Zhang Fangchao, that Gu Chenfu was on secondment from Wenzhou Procuratorate to the Wenzhou Municipal Discipline and Inspection Office, and that the five others were all cadres at the Wenzhou Municipal Discipline and Inspection Office. The six defendants are all Communist Party members, and three are "80's" generation cadres.
. . . .
April 20, Cheng Wenjie, Li Xiang, and Nan Yu were subjected to criminal detention by the Quzhou Public Security Office, and were officially arrested one month later.
May 15, the other three were criminally detained, and were officially arrested on June 20.
. . . .
Wu Pengbin [lawyer for Yu Qiyi's widow, Wu Qian] said that two days ago he filed an application with the Quzhou Intermediate People's Court asking to be allowed to review the case files, and the Court's clear response was that no review would permitted during the trial period. He was similarly rebuffed last week when he made an application to review the files with Quzhou Procurotorate.
. . . .
Wu Pengbin said that he had been retained by the family to advocate on behalf of the victims, and had received permission to participate in the trial, but that because he was unable to review the files, "there was absolutely no way for him to express any opinions, and there is no way for the rights and interests of the victims to have any guarantees." 
今年4月9日,温州官员於其一在双规期间非正常死亡。京华时报记者昨天获悉,此案将在浙江省衢州市中院异地审理。8月30日,衢州市人民检察院对於其一案的6名办案干部提起公诉。起诉书显示,6名被告人中有5人系纪委系统干部,另1人系从检察院借调。检方称,6人为迫使於其一交待问题,将其转置于冰水浴桶中反复闷水致死,涉嫌故意伤害罪。
. . . .
起诉书显示,6名被告人分别为:程文杰、吴植伟、李翔、南宇、谷陈福和章方潮。其中,谷陈福系从温州市纪委从温州市检察院借调,其他5人均为温州纪委系统的干部。6名被告人均为中共党员,其中3人为“80后”干部。
. . . .
4月20日,程文杰、李翔、南宇被衢州市公安局刑事拘留,一个月后被依法逮捕。5月15日,其他3人也被刑拘,并于6月20日被逮捕。
. . . .
吴鹏彬称,前天,他向衢州市中院提交了申请查阅卷宗的法律手续,法院明确答复一审期间不允许查阅。而在上周,他向衢州市检察院申请查阅卷宗,同样被拒。
. . . .
吴鹏彬说,他受家属委托维护被害人的利益,获准参加庭审,但因为无法阅卷,“根本没办法发表意见,被害人的权益没法得到保障。”
As of September 8 the article was still available on the Global Times web site here - http://china.huanqiu.com/hot/2013-09/4319432.html. As of September 15, it had been deleted.

These screenshots show that the article was also deleted from the web sites of Xinhua and the Legal Daily.
This video shows that the article was also removed from the Beijing Times web site here - http://news.jinghua.cn/fazhi/2013/0904/7898.shtml.

The following video was made on September 15, and shows that, of the top ten search results on Baidu for the Beijing Times' article's title, it has been deleted from every page except this one: http://news.china.com/3g/11143958/20130904/18031528.html.

These screenshots show that, between September 5 and September 9, all information relating to Yu Qiyi's death had been deleted from Baidu's Encyclopedia (百科 Baike) article on Yu Qiyi. The article ends with the statement that he was placed under shuanggui in March 2013, but makes no mention of the fact that he is dead or the circumstances surrounding his death.

This screenshot shows the history of the edits on Yu Qiyi's Baidu Baike article, with the final entry on September 9 saying: "Deleted content with invalid reference materials or lacking supporting reference material" (删除失效参考资料以及没有参考资料支持的内容).

On September 19, Zhang Lifan (章立凡) published an article on his blog entitled "Record of Court Proceedings in the Attack of Yu Qiyi (Prepared by Pu Zhiqiang)" (於其一被害案庭审纪录(浦志强整理)). The article, originally available here - http://blog.caijing.com.cn/expert_article-151497-59125.shtml - purported to be a record of the September 17 proceedings at the Intermediate People's Court in Quzhou, Zhejiang. These screenshots show that the article was subsequently deleted.

Some excerpts:
Li Xiang Defense Counsel #2: Today by convening this hearing we wanted to examine the facts in order to determine each of your reletive positions and roles. Right now I would ask you a question, which the prosecutor and your own defense counsel has already asked, which is that, when you recommended Li Xiang to Liu Xianfeng . . . oh, excuse me, I accidentally spoke the name of your leader, they had interviewed and chatted, he was the director of your supervision office, correct? Can you please directly tell the court the name of the director of your supervision office?
Cheng Wenjie: His name is Liu Xianfeng.
Li Xiang Defense Counsel #2: On the afternoon of April 8, do you remember the content of the brief meeting?
Cheng Wenjie: About the circumstances of meeting that afternoon, I've already given an explanation to the police, and its all recorded in the case file.
Li Xiang Defense Counsel #2: Defense counsel asks that you clearaly explain it to the court.
Judge: This court has already heard it, you don't need to say anything on the matter.
Pu Zhiqiang Interrupts: As legal counsel we demand the court allow him to explain, all of you have the case file, we're the only ones who don't have the case file, you can't have this kind of speaking in riddles during a hearing.
Judge: Counsel will observe discipline in this court, it is not your time to speak.
Pu Zhiqiang: But we don't have the case file, we have a need to know, the court should let him explain!
Judge: This court has decided not to allow you to speak! Respect order in the court!
Pu Zhiqiang: Your court must respect the law! How can you not allow us to see the case file?!
. . . .
Judge (approximately 11:05): This morning, just now, the prosecution and defense counsel have put questions to the defendant Cheng Wenjie, and the Court has heard everything, and therefore, the court will not entertain any further arrangements for the legal representatives to question the defendant. . . .
Wu Pengbin: How can you not let us cross-examine? We have dozens of questions here to ask him, and I can assure you that the questions we want to ask won't be repetitive of those asked by the prosecution and defense counsel! Why won't you let us cross-examine?
Pu Zhiqiang: The law gives the victim rights, how can you deprive us? What is it you're afraid of?
Judge: I must ask legal counsel to observe order in the court! You will show this judge respect!
Pu Zhiqiang: They you must respect the law! That is the emblem of our nation behind you! Your authority comes from the law, and you have no authority to walk all over it!
Judge: This court will no longer permit you to speak! The court has rendered its decision, and no more questioning of the defendant will be permitted!
Pu Zhiqiang: So that's the way it is! Well! Have it your way! I once request you recuse yourself!
Judge: Watch your attitude and tone when speaking to the judge! This court has already decided that you will not be permitted submit another application for recusal!
(Wu Pengbin shouts, in the visitors' gallery all of the 60-70 observers are relatively quiet, except for Yu Qiyi's father, widow, and brother-in-law, who stand up and shout their objections.)
(About a dozen police officers arrive, and gather behind Pu Zhiqiang and Wu Pengbin.)
Pu Zhiqiang: Whether the judge believes it or not, there will come a day when you will find yourself sitting down here!
(Pu Zhiqiang picks up the microphone on the desk and tosses it back down, the microphone had never been turned on.)
Judge: Officers! Remove legal counsel from the courtroom! 
李翔第二辩护人:今天开庭审理是要查明事实,以确定你们在本案中的地位和作用,现在我问你第一个问题,公诉人和你辩护人问过了,当你向刘险峰推荐李翔时——对不起啊,我把你领导的名字不小心说出来了,他们有过面试聊天的,他是你们监察室的主任,是吗?你能把你们监察一室主任的名字,直接告诉法庭吗?
程文杰:他叫刘险峰。
李翔第二辩护人:4月8日中午碰头会的内容,还记得吗?
程文杰:那天中午的会,我能想起来的情节都向公安交代了,卷宗里都有记载的。
李翔第二辩护人:辩护人希望你向法庭说清楚。
审判长:法庭已经听清楚了,这个问题不要说了。
浦志强插话:我们作为诉讼代理人,要求法庭让他说清楚,你们每个人都有案卷,唯独我们没有案卷,这样打哑谜开庭不行。
审判长:诉讼代理人注意法庭纪律,没到你们发问的时候。
浦志强:但我们没有案卷,我们需要知道,法庭应该让他说清楚!
审判长:法庭决定不许你讲话!遵守法庭纪律!
浦志强:你法庭必须遵守法律!你凭什么不允许我们阅卷?!
. . . .
审判长(11点5分左右):上午,刚才,控辩双方,对被告人程文杰已经进行了详尽发问,法庭听清楚了,因此,本庭将不再安排诉讼代理人对被告人发问。。。。。
吴鹏彬:你凭什么不让我们发问?我这里有几十个问题要问他的,我保证我要问的问题,不会跟公诉人和辩护人问过的重复!你为什么不让我们发问?
浦志强:法律赋予被害人的权利,你们凭什么要剥夺?!你们到底是怕什么?!
审判长:请诉讼代理人遵守法庭秩序!你们必须尊重审判长!
浦志强:那也要你尊重法律啊!你背后就是国徽!你的权力是法律赋予你的,你没有权力践踏法律!
审判长:法庭现在不许你们说话!法庭已经决定,不再安排你们发问被告人!
浦志强:是这样啊!啊!你就这样啊!!我再次申请你回避!
审判长:请注意态度,和对审判长讲话的语气!法庭已经决定过了,不许你再次提出回避申请!
(吴鹏彬大呼,旁听席上,除於其一父亲、遗孀、大舅子站起呼喊抗议,其余六七十位旁听人士,都比较安静。)
(约有十来位法警,簇拥到浦志强、吴鹏彬两人的身后。)
浦志强:审判长你信不信,总会有一天,你会坐到台下这个位置上去的!
(浦志强拿起桌上的话筒,墩在桌子上,这只话筒本来就是没有声音的。)
审判长:法警!将诉讼代理人带离法庭!

Translation: Huang Xuqin and Wang Jianbing Inciting Subversion Indictment

On June 14, 2024, the Twitter account "Free Huang Xueqin & Wang Jianbing 释放雪饼" (@FreeXueBing)  posted a copy of the last two p...