Friday, January 20, 2023

Translation: Wang Yuwen & Wang Liqin Inciting Subversion Defense Brief

A Defense Opinion in the Wang Yuwen (Wang Zang) Inciting Subversion of State Power Case


Author: Lu Siwei
Article source: Original update time: 2022-12-11 15:21

Return the Power Written on Paper to the People

Defense Opinion of Wang Yuwen (Wang Zang), who stands accused of inciting subversion of state power

Note: This is defense statement comes late. After I learned that Wang Yuwen and Wang Liqin had been given harsh sentences, my conscience urged me to fulfill my duties as a defense counsel. This defense opinion is my defense of Wang Zang and his wife, as well as a brief account of the cases that had not been settled at the time my legal career was brought to an end. This defense statement was strongly supported and corrected by Wang Yuwen's other defense counsel, Zhang Lei. And here I would also like to express my enormous respect for Zhang Lei for all his hard work.

On January 15, 2021, my lawyer’s license was revoked by the Department of Justice of Sichuan. At that time, as Wang Yuwen’s (Wang Zang's) defense lawyer, I had examined all the files in Wang Zang's and Wang Liqin’s alleged "inciting subversion" case, and had prepared the defense opinion and the first draft of the defense. It only due to the suspension of my license before the trial of their case that I could no longer defend Wang Zang as a defense lawyer. This defense was not made public at that time because I did not want to be labeled as having "sensationalized" the case, and I had hoped that without any interference Chuxiong for its part would try to give Wang Zang a satisfactory result. Especially with respect to Wang Liqin, I constantly hoped that the court would release her on bail and let her go home to take care of her four children while she recovered from her own depression. But my kindness and naivete did not yield the desired results. Wang Zang was given a harsh sentence of four years imprisonment, and Wang Liqin was sentenced to two and a half years of imprisonment, both of which were very difficult for me to bear.

In particular, it was the court's smearing and insulting Wang Zang’s noble personality that compelled me to say a few words publicly. Wang Zang never pleaded guilty in the detention center. Later, the police arrested Wang Liqin, and it was only then that Wang Zang, out of profound love for his wife and concern for his children, in the hope that Wang Liqin would be released on bail as soon as possible, that he was forced to reexamine his thinking. These facts were recorded in detail when I met Wang Zang. When we met in the detention center, I could feel Wang Zang's shyness and humility. What I want to say now is that he can be convicted, but his personality and dignity cannot be derogated or tarnished.

To the Court.

In the case of Wang Yuwen (pseudonym: Wang Zang) and Wang Liqin, who are accused by the Procuratorate of Chuxiong Prefecture, Yunnan, of inciting subversion of state power, the defense counsels hereby express their defense opinions as follows.

The defense believes that Wang Yuwen is not guilty.

I. LEGAL BASIS OF THE DEFENSE OPINION

First of all, it needs to be stated that the defense opinions expressed by the defense counsels are based on Articles 35 and 42 of the Constitution. Of these, Article 35 stipulates that "Citizens of the People's Republic of China enjoy freedom of speech, of the press, of assembly, of association, of procession and of demonstration." Article 41 stipulates that "Citizens of the People's Republic of China have the right to criticize and make suggestions regarding any State organ or functionary."

The defense opinions are also based on the "International Covenant on Civil and Political Rights" adopted by the United Nations General Assembly on December 16, 1966 and open to all countries for signature, ratification and accession. The Chinese government signed the "Convention" at the United Nations Headquarters on October 5, 1998. The preamble of the "Convention" states:

The States Parties to the present Covenant,

Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

Recognizing that these rights derive from the inherent dignity of the human person,

Recognizing that, in accordance with the Universal Declaration of Human Rights, the ideal of free human beings enjoying civil and political freedom and freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his civil and political rights, as well as his economic, social and cultural rights,

Considering the obligation of States under the Charter of the United Nations to promote universal respect for, and observance of, human rights and freedoms,

Realizing that the individual, having duties to other individuals and to the community to which he belongs, is under a responsibility to strive for the promotion and observance of the rights recognized in the present Covenant,

Agree upon the following articles:

Article 19 of the Covenant stipulates:

1. Everyone shall have the right to hold opinions without interference.

2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.

3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:

(a) For respect of the rights or reputations of others;

(b) For the protection of national security or of public order (ordre public), or of public health or morals.

The protection of national security mentioned here is specifically reflected in the "The Johannesburg Principles on National Security, Freedom of Expression and Access to Information, Freedom of Expression and Access to Information":

II. Restrictions on Freedom of Expression

Principle 6: Expression That May Threaten National Security

Subject to Principles 15 and 16, expression may be punished as a threat to national security only if a government can demonstrate that:

(a) the expression is intended to incite imminent violence;

(b) it is likely to incite such violence; and

(c) there is a direct and immediate connection between the expression and the likelihood or occurrence of such violence.

Principle 7: Protected Expression

(a) Subject to Principles 15 and 16, the peaceful exercise of the right to freedom of expression shall not be considered a threat to national security or subjected to any restrictions or penalties. Expression which shall not constitute a threat to national security includes, but is not limited to, expression that:

(i) advocates non-violent change of government policy or the government itself;

(ii) constitutes criticism of, or insult to, the nation, the state or its symbols, the government, its agencies, or public officials, or a foreign nation, state or its symbols, government, agencies or public officials;

(iii) constitutes objection, or advocacy of objection, on grounds of religion, conscience or belief, to military conscription or service, a particular conflict, or the threat or use of force to settle international disputes;

(iv) is directed at communicating information about alleged violations of international human rights standards or international humanitarian law.

(b) No one may be punished for criticizing or insulting the nation, the state or its symbols, the government, its agencies, or public officials, or a foreign nation, state or its symbols, government, agency or public official unless the criticism or insult was intended and likely to incite imminent violence.

Expression, whether written or oral, can never be prohibited on the ground that it is in a particular language, especially the language of a national minority.

II. THE CONDUCT THE INDICTMENT ACCUSES WANG YUWEN OF COMMITTING - EXERCISING HIS RIGHT TO FREEDOM OF SPEECH IN PUBLIC STATEMENTS, INTERVIEWS, ARTICLES, POEMS, ARTICLES, AND IMAGES POSTED AND REPOSTED ON TWITTER, FACEBOOK, RADIO FREE ASIA AND OTHER MEDIA - DOES NOT CONSTITUTE THE COMMISSION OF A CRIME.

The indictment does not specify which of Wang Yuwen's comments, articles, poems, and images constituted the commission of a crime., but combined with the facts of Wang Yuwen's alleged crimes contained in the public security's "final investigation report," we can divide the alleged facts of Wang Yuwen's acts into commentary on realpolitik, evaluation of historical events, performance art and poetry creation, and acceptance speeches. These are described below.

(i) Political Expression and Political Commentary

Citizens' freedom of political expression and political commentary are part of the right to freedom of expression. Political expression and political commentary may include positive affirmation and critical negation of a political party, with positive affirmation being called praise and virtue, and critical negation being criticism, even severe criticism. If only positive affirmation and praise are allowed, but not critical negation and criticism, then there is no freedom of political expression and political commentary, and there is no freedom of speech. I believe that no one who has the right to make relevant interpretations would admit to saying that there is no freedom of expression in China.

(ii) Historical Commentary

Some of the content of the articles and poems that are the subject of the accusations against Wang Yuwen involved commentary on, and evaluation of, history. History is facts that have happened, and no one can deny what has happened. Historical evaluations and commentary based on that factual basis and arising from personal perceptions, feelings, likes and dislikes, and values are thus are also part of the freedom of expression. Is it yet not allowed to comment on historical facts that have already happened?

(iii) Performance Art

Performance art is a kind of art work created by Wang Yuwen to express his feelings and attitudes toward social phenomena, that is, to reveal some existing social phenomena in his mind, and also to show his artistic thought in pursuing freedom, which may have parodied certain social phenomena of the day, but was in fact merely satire. Almost all realistic literary and artistic works have some kind of satirical content. And irony is precisely a kind of higher expression of literature and art, an important support that gives literary and artistic works vitality and artistic value.

(iv) Poetry Creation and Award Acceptance Speeches

Wang Yuwen's poetry creation and award acceptance speeches expressed the natural feelings of a poet, a person who writes in Chinese, and a person with an independent spirit and libertarian ideology. It was an expression of his deep feelings for literature and words, a kind of inner confession, expressing Wang Yuwen's spiritual realm of seeking independent spirit and libertarian ideology, as well as a kind of literary creation and use of words, an expression of his inner thoughts, and an exercise of the right to freedom of expression.

III. A PATRIOTIC POET, SPEECH WITHOUT GUILT

Wang Yuwen is a poet and artist. The most prominent features of poets and artists are rich emotions and deep feelings beyond those of ordinary people, a humanitarian spirit of compassion, extraordinary sensitivity to social realities, and a strong sense of social injustice. This emotion and spirit must be expressed with the help of poems, articles, and other works of art, and once the inspiration appears, the works will burst forth. When expressing itself a free heart, a soul pursuing freedom, must break through all spiritual shackles in order to create truly good works. When we evaluate this case, we must first pay attention to Wang Yuwen's status as a poet.

Of course,  defense counsel is not suggesting that poets can break the law. What  defense counsel is saying is that special care should be taken to protect the freedom of expression and creativity of poets when dealing with their speech and works.

In the opinion of  defense counsel , Wang Yuwen is a contemporary poet who inherited the spiritual mantle of great patriotic and people-loving poets such as Qu Yuan, Du Fu, Su Shi, Lu You and Wen Tianxiang. He possesses the inherent spirituality of concern for the country and the people as expressed in such lines as:

  • "Long did I sigh to hold back tears; saddened am I by the grief of my people." The Sorrow of Separation by Qu Yuan
  • "While meat and wine go rot behind the vermilion gates of the rich, the poor freeze to death on an empty stomach by the roadside." My Brave Adventures, Du Fu
  • "Would that I had a million mansions! I would house all the poor people who would then beam with smiles." Su Shi
  • "What is a country's rise and fall? Can flesh-pots be as fragrant as mountain fruit?" A Letter to Censor Han, Du Fu
  • "If we do not dare to forget our country, we must wait for the coffin." The Book of Illness, Lu You
  • "Throughout the land no field lies fallow, while the farmers, nonetheless, perish from hunger." Commiserating with Farmers, Li Shen
  • "A magnanimous person of high integrity can adjust and maintain a positive attitude towards whatever life throws at him." Su Shi (trans. David Cowhig, https://gaodawei.wordpress.com/2019/03/07/a-most-chinese-public-disappearance-on-twitter-airmovingdevice/).
  • "Since ancient times who has averted death? Let my undying loyalty shine in the annals of history." On Crossing the Lingding Sea, Wen Tianxiang

It is because of his extreme concern for the country and the people, and his deep feelings for the country, the nation and the people, that Wang Yuwen has consistently written, composed, and published such a large number of works. The judiciary cannot nitpick through his works, picking out a dozen or so of Wang Yuwen's published writings and poems what they consider problematic and accusing him of inciting subversion of state power.

IV. WANG YUWEN LACKED THE SUBJECTIVE INTENT TO INCITE OTHERS TO SUBVERT STATE POWER

The offense of inciting subversion of state power as set forth in Article 105 of the "Criminal Law" is a crime requiring intent.  That is to say, the provisions of the Criminal Law require that a perpetrator must have the subjective intent to incite others to subvert state power in order to constitute a crime. If there is no such subjective intention, it is impossible to constitute this crime.

The evidence on file, mainly Wang Yuwen's statements and explanations, shows that Wang Yuwen lacked the subjective intent to incite others to subvert state power. This includes the explanation of Wang Yuwen's alleged conduct in his statements and explanations quoted extensively in the public security agency's "Final Investigation Report," which shows very clearly that Wang Yuwen only wanted to express his own thoughts, opinions, and ideas, without any intention to instigate or incite others, and that he did not have even the slightest idea of inciting others to "subvert" when expressing himself.

At the same time, there is not a single piece of evidence to prove that anyone was incited by Wang Yuwen to develop a desire to subvert state power or to take any action to subvert state power, and there is no evidence to prove there was.

It is clear, then, that Wang Yuwen cannot be guilty of inciting subversion of state power.

V. WANG YUWEN DID NOT COMMIT ANY ACT THAT INCITED SUBVERSION OF STATE POWER, AND THE ALLEGED ACTS INVOLVED IN THE CASE SHOULD BE EVALUATED AS FREEDOM OF SPEECH RATHER THAN AS A CRIME

The following has already been discussed previously, but shall be covered in more detail below:

(1) Comments on the issue of "Weibo Shutters Accounts of Yu Jianrong and 50 Other Top Accounts"1 in a Radio Free Asia interview.

Wang Yuwen believes that this is a kind of suppression of freedom of expression by the State apparatus. This is Wang Yuwen's perception and opinion of this matter. When an event happens, some people approve, some oppose, some praise, and some criticize. This is a normal phenomenon, and it should be a normal phenomenon in a normal society. If a society only allows one voice, then it really is as Wang Yuwen said in his confession and defense: "In ancient times to be arrested and sentenced for expressing one's own opinion was called a literary inquisition, and in contemporary times it is called being convicted for one's speech."

(2) Reposting the video of He Shiyun in Hong Kong and the performance art of serial masking.

He Shiyun's video was released to the world during the meeting of the United Nations Human Rights Council.2 Wang Yuwen reposted it. How could this constitute a crime? If Wang Yuwen's mere reposting constitutes a crime, can it be considered that the dignified UN Human Rights Council has held a meeting to subvert China's state power? The whole world can say it, but your own citizens can’t retweet it? What kind of mentality is this?

What performance art expresses is just a kind of feeling, a kind of Wang Yuwen's own feeling. He just expresses his own feelings. Others can agree with him, disagree with him, or ignore his feelings. Expressing feelings through works of art is normal freedom of speech and cannot be a crime.

(3) Comments on the hanging of Mao Zedong's portrait in many places.

The content of the interview expressed Wang Yuwen's personal feelings about social and political situations. Others may or may not agree with him. It is understandable freedom of speech for one person to express his personal observations on social situations.

(4) Political commentary on anti-corruption.

This was Wang Yuwen's personal political comment on a policy implemented in China based on his own observations. Since it is a comment, and he is coming at it from a different angle, he will come to different conclusions. It may be a favorable comment or a negative one. There is no right or wrong when it comes to comments. Even if a comment is incorrect, it is within the scope of freedom of speech. If the implementation of a policy only allows everyone to say yes, and does not allow different voices at all, then what freedom of speech is there?

(5) Retweet of Internet user Ruan Jie's content about the comparison between the Communist Party and the Kuomintang; Retweet Internet user Xin Haonian's tweet about Marxist-Leninist China.

First, a retweet does not equal a full endorsement. The views of Internet users Ruan Jie and Xin Haonian are not the same as those of Wang Yuwen.

Second, partially agreeing with other people's views does not mean that Wang Yuwen expressed the views he agrees with.

Third, views based on the history of political parties fall under the category of historical commentary and the category of freedom of speech.

(6) Retweet of a tweet about Hong Zhenkuai's views from "New York Times Chinese Website"

As far as defense counsel is aware, no one from the New York Times who expressed these views, nor Hong Zhenkuai himself, has been prosecuted by any Chinese judicial department for publishing these views. So why does Wang Yuwen's reposting constitute a crime? Where is the spirit and principle of equality before the law? Or is it the case that, these views fundamentally cannot constitute any crime whatsoever, and therefore neither Hong Zhenkuai nor anyone from the New York Times was charged and prosecuted, but in order to punish Wang Yuwen, he is forcibly incriminated for merely forwarding them.

(7) "Use the blood of freedom to illuminate suffering."

This verse has a spiritual connection with Qu Yuan's "On and on stretched my road, long it was and far, I would go high and go low in this search that I made."3 It is here that Wang Yuwen reached out through more than two thousand years of history, and inherited the anxious thoughts from the spirit of the great patriotic poet Qu Yuan.

(8) The poem "Seven Rhythms Mid-Autumn Festival" (last of two poems)

The title says it all. It's lyrical. It is merely expressing personal feelings.

(9) "The Lawyer Sui Muqing Whom I Know" and the interpretation of Wang Yuwen's poems by the outside world.

The article "The Lawyer Sui Muqing Whom I Know" is a kind of public opinion reciprocation by Wang Liqin and Wang Yuwen to the lawyer Sui Muqing, who helped them when they were in trouble. Its content is completely true, without any fiction. How could such an article be an act inciting subversion of state power? It just doesn't make sense.

As for the outside world's interpretation of Wang Zang's poems, that is the business of other people. What does it have to do with Wang Yuwen? He compiled the collection by himself and did not publish it publicly. How could it be an act inciting subversion of state power? He didn't make it public, so how could he instigate anything?

(10) Supporting the "Occupy Central" movement in Hong Kong with a shaved head and an umbrella.

There is no need to discuss this fact in this case, because this fact has already been determined and dealt with in the 2015 Procuratorate of Tongzhou, Beijing's non-prosecution decision against Wang Yuwen: That is, it does not constitute a crime at all.

6. When judging whether or not speech is suspected of constituting the commission of crime, special attention should be paid to the paramount status of the Constitution

All of the facts of Wang Yuwen's alleged involvement in the case relate, in a broad sense, to speech. In particular, speech critical of the Communist Party and the government. The words used in the indictment are "vilifying and attacking the Party and the government, the State regime and the socialist system." Although defense counsel does not agree with the normative terms "vilifying and attacking" used in the indictment, it is also necessary to remind the court here that so-called "vilifying and attacking" are actually very close to "criticizing." Different people may have different feelings about the same words. To someone who is magnanimous, "sharp criticism" may cause feelings of a need to "fix those problems that exist, and guard against problems that might occur." For someone who is not magnanimous, it may mean "attack, vilify, and bring down." "The Communist Party of China must be tolerant of sharp criticism, and it should fix those problems that exist, and guard against problems that might occur. People outside the Party must dare to tell the truth, dare to speak harsh words, truly reflect the aspirations of the masses, and be able to speak on all topics without reservation."4 How is it you can say one thing yet do another while these words still ring in our ears? What is "sharp criticism"? It is criticism that may be fierce or even extreme. It is a negative evaluation that makes you uncomfortable, or even extremely uncomfortable. The defense counsel believes that the speeches, articles, poems, and performance art works of Wang Yuwen subject to accusations by the prosecution can all be attributed to the category of "sharp criticism." It is hoped that the judiciary will implement a judicial policy of positive interaction and fully protect Wang Yuwen's right to criticize.

Among the various considerations in this case, apart from the fact that the ruling party should be tolerant of sharp criticism, special attention should also be paid to the most paramount status of the Constitution, which clearly guarantees freedom of speech. From the perspective of jurisprudence and legal methodology, the judiciary is required to give special consideration to the priority of freedom of speech when evaluating illegal and criminal acts involving speech. It is necessary to avoid escalating the exercise of freedom of speech into a crime of incitement. It is necessary to avoid attributing citizens' conduct of exercising their right to criticize as being in the the nature of attacking and slandering. This is because, if the protection of freedom of speech is not prioritized, and if speech is easily criminalized, it will easily lead to the widespread infringement, reduction, or even elimination of the freedom of speech rights of Chinese citizens. In this divine land, in ancient times there were literary inquisitions, and thought crimes in the "Cultural Revolution." Today, as humanity has arrived into the 21st century, the judiciary must exercise caution when punishing people for their words. Otherwise, due to the general guidance and demonstrative impact such a judgment will have, it will result in a suppression of people's freedom of speech, rendering everyone silent, and society's path will be clear. Is it possible that we would hope for bring about such a society and a return to such an antiquity?

Judicial judgments should not suppress the population and imprison people's hearts. Rather, judgments should guarantee rights, especially constitutional rights, and advocate for people's right to freedom of speech. If a right requires extreme care in order to be exercised, then in essence no one has that right at all. The same is true of freedom of speech. If people need to be careful and repeatedly self-censor before exercising their right to freedom of speech so that what they say, what they write, and what they create will not be suppressed by the law, then people actually have no freedom of speech.

No one wants to live in a place where there is no freedom of speech.

Please use the acquittal of Wang Yuwen and Wang Liqin to tell the Chinese people and the whole world: Chinese people have freedom of speech!

Thank you.

Wang Yuwen's defense counsel: Lu Siwei

First draft in Chengdu at the end of 2020

1. "Fifty Weibo accounts of well-known Chinese scholars Yu Jianrong and others were banned and shut down this week. The official Weibo community management account "Weibo Administrator" released the "Announcement on the Handling of Harmful Information on Current Affairs" on Monday, pointing out that some netizens posted harmful information, and 50 accounts were banned and closed." 微博停于建嵘等50个头部号 川女戴红领巾捕鱼遭拘留12日, April 9, 2019,  https://www.rfa.org/mandarin/yataibaodao/renquanfazhi/ql2-04092019095953.html. Wang's comment: "Wang Zang, an independent artist in Beijing, told this station that punishing people for their speech is a characteristic of a totalitarian society: 'A totalitarian society only allows the existence of the Ministry of Truth and its affiliated institutions, and everything must be painted over and glorified. Freedom of speech is the natural enemy of totalitarian politics, and it is something that must be smothered. They constantly enforce silence, including on the Constitution, which is just a kind of decoration. When the people want to express their voices independently, they will be suppressed and punished by the State apparatus.'" (北京独立艺术家王藏对本台表示,因言获罪是集权社会的特征:“集权社会只允许真理部及其附属机构存在,一切都要涂脂抹粉、歌功颂德。言论自由是集权政治的天敌,是必须要扼杀的。他们一直在封口,包括宪法在内,只是一种装饰。当民众要独立表达声音的时候,就会受到国家机器的各种压制、处罚。”). 

2. See "China Interrupts Hong Kong Pop Star During UN Speech," https://edition.cnn.com/2019/07/08/asia/denise-ho-un-intl-hnk/index.html: "Denise Ho told the UN Human Rights Council in Geneva that China had reneged on the commitments it made when it took control of Hong Kong in 1997, echoing the concerns of millions of Hong Kongers who have joined mass protests in recent weeks. 'The Vienna Declaration guarantees democracy and human rights. Yet in Hong Kong, these are under serious attack,' Ho said in her short address to the UN body. 

3. Translation: Stephen Owen (1996). An Anthology of Chinese Literature: Beginnings to 1911 (New York: W.W. Norton): 162–75.

4. This quotation was taken from a speech given by Xi Jinping in 2013 to leaders of the central committees of the PRC's democratic parties, the All-China Federation of Industry and Commerce, and representatives of personages without party affiliation gathered together to welcome the Spring Festival. See "Xi Jinping Welcomes the New Year Together With People Outside the Party, Li Keqiang and Yu Zhengsheng attend" (习近平同党外人士共迎新春 李克强、俞正声出席) February 8, 2013, http://cpc.people.com.cn/n/2013/0208/c64094-20467155.html (https://web.archive.org/web/20221022140047/http://cpc.people.com.cn/n/2013/0208/c64094-20467155.html). See also, "What Inspiration Can be Derived from Xi Jinping's 'The Communist Party Should Tolerate Sharp Criticism?" (习近平“共产党要容得下尖锐批评”启示啥?), Guo Junkui (郭俊奎), February 26, 2013, http://cpc.people.com.cn/n/2013/0216/c241220-20493723.html (https://web.archive.org/web/2/http://cpc.people.com.cn/n/2013/0216/c241220-20493723.html). It was listed by the People's Daily as one of "Chairman Xi Jinping's 10 New Theories Garnering the Most Attention" (习近平总书记最受关注的10个新论断), http://theory.people.com.cn/n/2014/0121/c40555-24185095.html (https://web.archive.org/web/20221021044557/http://theory.people.com.cn/n/2014/0121/c40555-24185095.html).

王玉文(王藏)被控煽动颠覆国家政权案辩护意见

作者:卢思位 


把写在纸上的权利归还给人民

——王玉文(王藏)被控煽动颠覆国家政权案辩护意见

按:这时一份迟到的辩护词,在我得知王玉文、王利芹夫妇被重判后,良知促使我完成作为一名辩护人的职责,这份辩护意见,算是本人对王藏夫妇,对本人律师生涯终止时尚未办结的案件的一点交待。这份辩护词得到了王玉文的另一辩护人张磊律师的大力支持和斧正,在此也向张律师的辛勤付出表达崇高的敬意。本人于2021年1月15日被四川省司法厅吊销律师执业证,彼时本人作为王玉文(王藏)的辩护律师已经查阅了王藏、王利芹夫妇涉嫌“煽颠”案的所有卷宗,并且提前准备好了辩护意见和辩护词初稿,只是在二人案件开庭之前,本人因被吊销执业证无法再以辩护律师的身份出庭为王藏辩护。但是为政治犯的辩护,并不局限于法庭。当时没有公开辩护词,是不想被人贴上“炒作”案件的标签,也希望楚雄方面能在毫无干扰地情况下尽量给王藏一个理想的处理结果,尤其是王利芹,我一再希望法院能对她取保候审,让她回家照顾四个儿女,同时疗养她自己的抑郁症,但是,我的善良和天真并没有换来理想的结果,王藏被重判四年,王利芹被判两年半实刑,这都让我非常难受。尤其是法院竟然对王藏的高贵人格进行抹黑和羞辱,让我不得不公开说几句,王藏在看守所从未认罪,后来警方抓捕了王利芹,王藏出于对妻子的深爱和儿女的担忧,希望王利芹能尽快被取保候审,才不得不对思想进行了一番认识,这些事实在我会见王藏的时候都进行了详细的记录。在看守所会见的时候,我能感受到王藏的腼腆和谦虚,我现在想说的就是,他可以获罪,但是他的人格和尊严不容贬损和玷污。

法庭:

就云南省楚雄州检察院指控王玉文(笔名:王藏)、王利芹构成煽动颠覆国家政权一案,辩护人现发表以下辩护意见。

辩护人认为王玉文无罪。

一、辩护意见的法律基础

首先需要表明的是,辩护人所发表的辩护意见,是建立在《宪法》第三十五条和四十一条的基础之上。其中第三十五条规定“中华人民共和国公民有言论、出版、集会、结社、游行、示威的自由。”第四十一条规定“中华人民共和国公民对于任何国家机关和国家工作人员,有提出批评和建议的权利;”

辩护意见亦建立在《世界人权宣言》第十九条的基础之上:“人人有权享有主张和发表意见的自由;此项权利包括持有主张而不受干涉的自由,和通过任何媒介和不论国界寻求、接受和传递消息和思想的自由。”

辩护意见同时亦建立在联合国大会1966年12月16日通过并开放给各国签字、批准和加入的《公民权利与政治权利国际公约》之上,中国政府于1998年10月5日在联合国总部签署了《公约》,《公约》前文部分载明:“人类一家,对于人人天赋尊严及其平等而且不可割让权利之确认,实系世界自由正义与和平之基础;确认依据世界人权宣言之昭示,唯有创造环境,使人人除享有经济社会文化权利而外,并得享受公民及政治权利,始克实现自由人类享受公民及政治自由无所恐惧不虞匮乏之理想;鉴于联合国宪章之规定,各国负有义务,必须促进人权及自由之普遍尊重及遵守”。公约第十九条规定:“一、人人有保持意见不受干预之权利。二、人人有发表自由之权利;此种权利包括以语言、文字或出版物、艺术或自己选择之其他方式,不分国界,寻求、接受及传播各种消息及思想之自由。三、本条第二项所载权利之行使,附有特别责任及义务,故得予以某种限制,但此种限制以经法律规定,且为下列各项所必要者为限:(子)尊重他人权利或名誉;(丑)保障国家安全或公共秩序、或公共卫生或风化。”

此处提到保障国家安全,在《约翰内斯堡关于国家安全、言论自由和获取信息自由原则》中有专门的体现:Ⅱ.对表达自由的限制原则6:可能威胁国家安全的表达在遵循原则15和原则16的前提下,威胁国家安全的表达可受到制裁,只要政府能证明:(1)该表达意图激起即将发生的暴力;(2)该表达有可能会引起这样的暴力;并且(3)在该表达与该暴力的发生或与该暴力发生的可能性之间存在着某种直接且紧迫的联系。原则7:受保障的表达(1)依循原则15和原则16,和平地行使表达自由权不得被视为对国家安全构成威胁或者遭到任何限制或惩罚。对国家安全不应当构成威胁的表达包括但不限于:ⅰ宣扬用非暴力的方式改变政府政策或政府本身;ⅱ对本国民族、国家或国家的象征性标志、本国政府及其机构、本国公职人员、或外国的民族、国家或其象征性标志、外国政府、外国机构或外国公职人员构成批评或侮辱;(2)任何人都不得因为批评或侮辱本国民族、国家或其象征性标志、本国政府及其机构、本国公职人员、或外国民族、国家或其象征性标志、外国政府及其机构以及外国的公职人员而受到惩罚,除非这种批评或侮辱意图在于或者有可能引起即将发生的暴力。

王玉文作为中国公民,显然享有中国宪法所明确的言论自由的权利。王玉文作为人类的一员,显然也享有国际公约所倡导的言论自由这一基本人权。

二、起诉书指控王玉文在推特、脸书、自由亚洲电台等媒体上公开发布的言论、接受的采访、发表的文章、发表和转载的诗歌、文章、图片,均是王玉文行使自己言论自由权利的行为,不构成犯罪。

起诉书并没有具体的指控王玉文的哪些言论、文章、诗歌、图片构成犯罪,结合公安“侦查终结报告”所载的王玉文的所谓涉嫌犯罪的事实,可以将指控王玉文的事实行为分为对现实政治的评论、对历史事件的评价、行为艺术和诗歌创作及获奖感言几大部分。以下分述之。

(一)政治表达和政治评论

公民进行自由的政治表达和政治评论,属于言论自由权利的一部分。政治表达和政治评论,可能包括对某政党正面的肯定和负面的否定,正面的肯定谓之歌功颂德,负面的否定即是批评,甚至是严厉的批评。如果只能进行正面的肯定和歌功颂德,而不允许进行负面的否定和批评,那就没有了政治表达和政治评论的自由,那就没有了言论自由。我相信没有任何一个有权进行相关解释的人会承认说中国没有言论自由。

(二)历史评论

王玉文被指控的一部分文章诗歌内容涉及到对一些历史的评论、评价,历史是已经发生过的事实,是谁都不能否认的确定已经发生的事实,基于该事实基础之上的,个人的认知、情感、好恶、价值观,进而进行历史评价、评论,也是言论自由的一部分。已经发生的历史事实,难道还不允许人评论吗?

(三)行为艺术

行为艺术是王玉文所创作的一种艺术作品,是为表达其对社会现象的一种感觉,一种态度,即是揭示其心目中的某种业已存在的社会现象,也是表明自己追求自由的艺术家的艺术思想,可能具有讽刺当今某些社会现象的地方,但这也仅仅是讽刺而已。几乎所有的现实主义文学艺术作品,都具有某种讽刺内容。而讽刺正是一种文学艺术的高超表现手法,是赋予文学艺术作品生命力和艺术价值的重要支撑。

(四)诗歌创作和获奖感言

王玉文的诗歌创作和获奖感言,表达的是一个诗人、一个用中文文字书写的人、一个拥有独立精神和自由思想的人的自然情感,是对自己对于文学、文字的深切情感的表达,是一种内心剖白,表达了王玉文所求独立精神和自由思想的精神境界,同时也是一种文学创作和文字运用,是内心思想的表达,是言论自由权利的行使。

三、诗人爱国,言论无罪

王玉文是一位诗人、艺术家,诗人和艺术家最为突出的特点就是具有超越常人的丰富的情感和深厚的情怀,具有悲天悯人的人道主义精神,对社会现实具有超常的敏感,对社会不公不义具有强烈的愤怒,这种情感和精神必须借助诗歌、文章和其他艺术作品进行表达,一旦灵感出现,作品就将喷薄而出。而一颗自由的心,追求自由的灵魂,在进行表达时,必须突破一切精神枷锁的束缚,才能创作出真正的好作品。我们在评价本案时,一定要首先注意王玉文的诗人身份。

当然,辩护人并不是在说诗人就可以违法,辩护人说的是,在对待诗人的言论和作品时,要特别注意保护诗人的言论创作自由。

在辩护人看来,王玉文是一位继承了屈原、杜甫、苏轼、陆游、文天祥等伟大的爱国爱民诗人的精神衣钵的当代诗人,其具有“长太息以掩涕兮,哀民生之多艰”、“朱门酒肉臭,路有冻死骨”、“安得广厦千万间,大庇天下寒士俱欢颜”、“国家成败吾岂敢,色难腥腐餐枫香”、“位卑未敢忘忧国,事定犹须待阖棺”、“四海无闲田,农夫犹饿死”、“一点浩然气,千里快哉风”、“人生自古谁无死,留取丹心照汗青”的忧国忧民的内在精神气质。

正是因为极度的忧国忧民,怀着对国家和民族以及人民的深切情感,王玉文才写下了、创作了、发表了他那一以贯之的大量作品。司法部门,不能鸡蛋里面挑骨头,从王玉文发表的海量的文字、诗歌作品中挑出十来篇认为有问题的,就指控他煽动颠覆国家政权。

四、王玉文没有煽动他人颠覆国家政权的主观故意

《刑法》第105条煽动颠覆国家政权罪名,必须是故意犯罪,也就是说刑法条文要求行为人必须具有煽动他人颠覆国家政权的主观故意,才有可能构成此罪名。如果没有此主观故意,即不可能构成此罪名。

而在案证据显示,主要是王玉文的供述与辩解笔录,显示王玉文并无煽动他人颠覆国家政权的主观故意,包括公安部门的“侦查终结报告”中大量引用了王玉文供述与辩解笔录中对于被指控行为的解释,其中表现得非常清楚明了,王玉文仅仅就是为了表达自己心中的想法、观点和思想,没有任何鼓动或者煽动他人的意思,他在表达自己的时候,根本就没有哪怕一丁点要煽动他人如何“颠覆”的想法。

同时,也没有任何一份证据证明有任何人受到了王玉文的煽动从而产生了要颠覆国家政权的愿望,或者产生了要颠覆国家政权的行动,没有任何证据证明这一点。

那么,很显然,王玉文就不可能构成煽动颠覆国家政权罪。

五、王玉文没有实施煽动颠覆国家政权的行为,指控其涉案行为均应以言论自由而非犯罪评价之

前已经述及,此再详论:

(一)在自由亚洲电台采访对于“微博停于建嵘等50个头部号”问题时的评论。

王玉文认为这是国家机器对言论自由的一种压制。这是王玉文对于此事的一种认识和看法。一个事件发生,有人赞成,有人反对,有人歌颂,有人批评,这都是正常现象,也应该是一个正常社会的正常现象,如果一个社会只允许有一个声音,那就真正是王玉文在供述与辩解中所说的“因表达自己的看法,最后被抓被判刑,在古代叫文字狱,在当代叫因言获罪”了。

(二)转发香港何诗韵的视频以及连环蒙嘴的行为艺术。

何诗韵的视频是在联合国人权理事会开会时向全世界公开发表的,王玉文转发一下,怎么就构成犯罪了呢?如果王玉文仅仅转发一下就构成犯罪,那是不是可以认为堂堂的联合国人权理事会开了一个颠覆中国国家政权的会?全世界说都可以,自己的公民转发一下就不行?这是什么心态?

行为艺术所表达的也只是一种感想,一种王玉文自己的感受,他只是把自己的这种感受表达出来,别人可以认同他的,也可以反对他的,也可以无视他的这种感受,通过艺术作品表达感受,是典型的言论自由,不可能是犯罪。

(三)对多地挂毛泽东像的评论。

采访内容表达的是王玉文对社会政治形势的一种个人感受,别人可以认同,也可以不认同,一个人发表一下对于社会形势的个人观察,是无可厚非的言论自由。

(四)对反腐的政治评论。

这是王玉文个人根据自己的观察,对中国施行的一项政策的政治评论,既然是评论,站在不同的角度,只然就会得出不同的结论,可以是赞同性评论,也可以是否定性评论,并无对错可言,即便是错误,那也是言论自由的范围。如果一项政策的施行,只允许所有人说好好好,完全不允许有不同的声音,那还有什么言论自由可言呢?

(五)转推网民阮杰关于共产党与国民党比较的内容;转推网民辛灏年的关于马列中国的推文。

首先,转推并不等于完全的认同。网民阮杰、辛灏年的观点并不等同于王玉文的观点。

其次,对他人观点的部分认同,并不代表王玉文发表了他所认同的观点。

第三,以于政党历史的看法,属于历史评论,属于言论自由。

(六)转推“纽约时报中文网”关于洪振快观点的推文

据辩护人了解,发表此观点的纽约时报的任何人、以及洪振快本人,没有因为此观点的发表而受到任何中国司法部门的司法追究,那么,为何王玉文转发就构成犯罪了呢?法律面前人人平等的精神和原则到哪里去了?或者,此观点根本就不可能构成任何犯罪,所以纽约时报的任何人和洪振快都才没有受到追究,但是为了要惩治王玉文,而将本来不可能构成犯罪的事情,在王玉文仅仅只是转发的情况下,将王玉文强行入罪。

(七)“用自由之血光照苦难”。

这一诗句与屈原的“路漫漫其修远兮,吾将上下而求索”打通了精神连接,正是在这里,王玉文穿越两千余年的历史,从精神脉络上承接了伟大的爱国诗人屈原的忧思。

(八)诗歌《七律中秋抒怀》(外二首)。

标题都说了,这是抒怀。抒发个人情怀而已。

(九)《我所了解的隋牧青律师》及外界对王玉文诗歌的解读。

《我所了解的隋牧青律师》一文,是王利芹、王玉文二人对于其受困之时援手帮助他们的隋牧青律师在遭到困难时的一种舆论上的投桃报李,其内容完全属实,并无任何虚构,这样的一篇文章,怎么可能是煽动颠覆国家政权的行为?简直是岂有此理。

而外界对于王藏诗歌的解读,那是外界其他人的事情,和王玉文有什么关系?他自己整理收藏,又没有公开发表,怎么可能是构成煽动颠覆国家政权的实行行为?他都没有公开,何来煽动?

(十)声援支持香港“占中”活动光头打伞照片。

此一节事实,根本就不需要再在此案中进行讨论,因为此节事实,已经由北京市通州区检察院在2015年对王玉文的不起诉决定书里认定处理完毕:那就是,根本不构成犯罪。

六、在用是否涉嫌犯罪来评价言论时,要特别注意宪法的优先位阶

王玉文被指控的涉案事实,全部都是广义上的言论。特别是言论中对共产党和政府的批评部分。起诉书中的用词是“污蔑、攻击党和政府、国家政权和社会主义制度。”虽然辩护人并不认同起诉书中所使用的“污蔑、攻击”之词语定性,但是在此也需要提请法庭注意,所谓“污蔑、攻击”,与“批评”其实是非常之接近的,对于同样的词语,可能不同的人的感受是不一样的,“尖锐的批评”在有雅量的人那里,产生的后果可能就是“有则改之,无则加勉”,而到了没有雅量的人那里,可能就成了“攻击、污蔑、打倒”。“对中国共产党而言,要容得下尖锐批评,做到有则改之、无则加勉;对党外人士而言,要敢于讲真话,敢于讲逆耳之言,真实反映群众心声,做到知无不言、言无不尽。”言犹在耳,怎么能说一套,做一套呢?什么叫“尖锐的批评”?就是可能是激烈的甚至极端的批评言辞,就是让你听着不舒服甚至是很不舒服的否定性评价。辩护人认为起诉指控的王玉文的言论、文章、诗歌、行为艺术作品,全部可以归结到“尖锐的批评”的范畴。希望司法机关能够贯彻落实良性互动的司法政策,充分保障王玉文的批评权。

在本案的各种考量因素中,除了执政党应当有容忍尖锐批评声音的雅量之外,我们应当特别注意到《宪法》的最根本的优先位阶,而其中明载的对于言论自由的保障,则从法理上、从法律方法上,要求司法机构在评价言论所涉及的违法犯罪行为时,要特别考虑到言论自由的优先地位,一定要避免将行使言论自由的行为,拨高成为煽动性犯罪,一定要避免将公民行使批评权利的行为,凑数为攻击污蔑的性质。因为,如果不优先保障言论自由,如果轻易就将言论入罪,则极容易导致中国公民的言论自由权利受到普遍的侵害、减损,甚至是消灭。神州大地,古有文字狱,“文革”中有思想罪,在人类已经发展到了21世纪二十年代了的今天,司法机构在因言治罪时,请一定要慎之又慎。否则,因这样的判决所具有的普遍引导和示范效应,将产生钳制人们言论自由的结果,将使得人人噤若寒蝉,社会道路以目。我们难道希望出现这样的一个社会和如此“复古”的一种局面吗?

司法的判决,应当给权利以保障,特别是给宪法权利以充分的保障,通过判决倡导人们言论自由的权利,而不是钳制人口,禁錮人心。如果一项权利需要人们极度小心翼翼才能够行使,那实质上人们根本就不享有那项权利。言论自由也是这样,如果人们在行使言论自由权利之前,需要小心翼翼、再三自我审查,说出口的话,写出来的文字,创作的作品,才不会遭到法律的压制打击,那么,人们其实就根本没有了言论自由。

没有人希望自己生活在没有言论自由的地方。

请用王玉文、王利芹的无罪判决,告诉中国人,告诉全世界:中国人有言论自由!

谢谢。

王玉文的辩护人:卢思位
二0二0年底初稿于成都

Friday, January 6, 2023

Translation: Wang Yuwen & Wang Liqin Inciting Subversion Police Prosecution Recommendation

Public Security Bureau of Chuxiong


Indictment Opinion


Chu Public (State) Indictment (2020) No. 01

Criminal suspect Wang Yuwen, online alias "Wang Zang," male, born [Intentionally Omitted], 1985, place of birth Dayao County, Yunnan, ID No.: [Intentionally Omitted], Han ethnicity, junior college education, freelancer, primarily engaged in painting and creating art, residing at Room 602, Unit 1, Building 1, Jiang'an Shangpin District, Chuxiong. On October 2, 2014 he was taken into criminal detention by the Tongzhou precinct of the Public Security Bureau of Beijing on suspicion of committing the offense of disturbing the peace for expressing solidarity for the "Occupy Central" movement in Hong Kong. On November 6 of that year he was arrested in accordance with the law. On July 9, 2015 he was released following the Procuratorate of Tongzhou District, Beijing's decision not to prosecute. On May 31, 2020 he was taken into criminal detention by this Bureau on suspicion of committing the crime of inciting subversion of state power. On July 3 he was arrested, and is currently being held in custody at the Chuxiong Detention Center.

Defense Counsel Chen Depeng of the Yunnan Dianchu Law Firm, Lawyer's License 15323201910105781.

Criminal suspect Wang Liqin , female, Han ethnicity, born [Intentionally Omitted], 1984, ID No.: [Intentionally Omitted], high school education, unemployed, place of household registration: No. 27, Sanhe 5th Group, Sankou Town, Guannan County, Jiangsu, residing at Room 602, Unit 1, Building 1, Jiang'an Shangpin District, Chuxiong. On June 17, 2020 she was taken into criminal detention by this Bureau on suspicion of committing the crime of inciting subversion of state power. On July 24 she was arrested, and is currently being held in custody at the Chuxiong Detention Center.

Defense Counsel: None.

Criminal suspects Wang Yuwen and Wang Liqin, suspects in a case of inciting subversion of state power, were discovered by the Public Security Bureau of Chuxiong in the course of its work. According to  prescribed procedures, this was reported to the Public Security Office of Yunnan on February 7, 2020 for approval, and after approval was granted a case was opened for investigation.
Criminal suspects Wang Yuwen and Wang Liqin were apprehended and brought to justice on May 30 and June 16, 2020, respectively.

Following an investigation in accordance with the law it was ascertained: On several occasions over several years criminal suspect Wang Yuwen gave interviews to the foreign media broadcaster Radio Free Asia, and distributed poems, article, images, and other works on Twitter, Facebook, and other foreign websites, with content that involved manufactured rumors, defamation, insults, denigration, smears, and attacks on the Communist Party of China, and China's current social system and State leaders.

1. On April 9, 2019, at Room 602, Unit 1, Building 1, Jiang'an Shangpin District, Chuxiong, criminal suspect Wang Yuwen did, in his capacity as the independent artist in Beijing Wang Zang, accept a telephone interview with Qiao Long, a reporter from Radio Free Asia, a foreign media broadcaster.

Qiao Long asked Wang Yuwen for his views on the topic of "Weibo Shutters Accounts of Yu Jianrong and 50 Other Top Accounts," and Wang Yuwen said over the phone to Qiao Long: "Convicting people for their speech is a characteristic of a totalitarian society, and a totalitarian society only allows the existence of the Ministry of Truth and its affiliated institutions, and everything must be painted over and glorified. Freedom of speech is the natural enemy of totalitarian politics, and it is something that must be smothered. They constantly enforce silence, including on the Constitution, which is just a kind of decoration. When the people want to express their voices independently, they will be suppressed and punished by the State apparatus."

In his statement Wang Yuwen said: "Our current society in China is a totalitarian society. I see that the power of the government overrides everything, interferes in everything, and even interferes with the independence of the judiciary. In many cases even the freedom of speech and the State's respect for and protection of human rights provided for in the Constitution are in many cases nothing but an empty shell, because in the end one will be arrested and sentenced for expressing one's opinion. In ancient times this was called a literary inquisition, and in contemporary times it is called being convicted for one's speech. Nowadays, China's society only allows praise, not criticism, only flattery, not jibes and complaints. China's current society is afraid of people expressing their true voices, and regards people's true voices as a natural enemy, so they find ways to silence speech, cancel accounts (network accounts), and even punish them. China's current society is afraid of people expressing their true voices, and regards people's true voices as natural enemies. So it tries to silence them, cancel their accounts (online accounts), and even punish them."

2. On July 11, 2019, at Room 602, Unit 1, Building 1, Jiang'an Shangpin District, Chuxiong, criminal suspect Wang Yuwen did, in his capacity as the poet Wang Zang, accept a telephone interview with Gao Feng, a reporter from Radio Free Asia, a foreign media broadcaster. Gao Feng asked Wang Yuwen over the phone why he had been taken to the police precinct. Wang Yuwen said that it may have been related to the reposting of Hong Kong singer Denise Ho's video describing the imminent death of "one country, two systems" at the UN Human Rights Council. Wang Yuwen told Gao Feng over the phone: "Denise Ho is different from others, she has expressed the feelings of many other people including me." At that same time, Wang Yuwen posted images on Twitter. The content of the images was "Wang Yuwen is wearing sunglasses, holding the toy rifle of his eldest son Wang Nianci in his right hand, covering Wang Nianci's face with his left hand; Wang Nianci covering Wang Shiya's mouth with his hands; and Wang Shiya covering the faces and mouths of Wang Shiyin and Wang Shifan with his hands. Gao Feng asked Wang Yuwen, what do these images meaning? Wang Yuwen said: "This is a portrayal of every aspect of our existence. We live in a totalitarian environment. I hold a gun, I am the big brother, I cover the mouth of the eldest son, and the eldest son covers the mouth of the second child. The second child covers the faces of the third and fourth. From top to bottom, from generation to generation, they are not allowed to speak, not allowed to express themselves. What you see is darkness, and the whole society is strictly controlled by totalitarianism."

In his statement Wang Yuwen said: "Hong Kong was originally one country, two systems. Because the central government of the People's Republic of China has seriously interfered with Hong Kong's rule of law and freedom, it is about to become one system, which means implementing the mainland system in Hong Kong. Currently China's entire society is controlled by the Communist Party of China. The Communist Party of China leads and controls everything. The government led by the Communist Party of China does not allow speech or expression. The only voices allowed are those of the State, the government, the Communist Party, and the Propaganda Department. There can only be the main theme, and there can be no criticism, no opposition, and no dissent."

Wang Yuwen specifically called for not adding the word "people's" in front of the government. The images were taken by criminal suspect Wang Liqin under Wang Yuwen's instructions with Wang Yuwen's mobile phone.

3. On December 20, 2019, in Songzhuang, Beijing, criminal suspect Wang Yuwen did, in his capacity as the independent performance artist in Beijing Wang Zang, accept a telephone interview with Qiao Long, a reporter from Radio Free Asia, a foreign media broadcaster. Qiao Long said that the portrait of Chairman Mao was hung among the people. Many people kowtowed to the portrait of Chairman Mao and asked Wang Yuwen what he thought? Criminal suspect Wang Yuwen said: "These scenarios seen by the public are by no means isolated cases, but reflect the current political situation in China. Over the past few years we have seen the restoration of the Cultural Revolution. In many villages and towns, I also saw people holding portraits of leaders and wearing the clothes of Red Guards. Those in power are also establishing their authority in various ways by engaging in idolatry. There are a lot of similar indications that everything is being pulled back in the direction of the Cultural Revolution."

In his statement Wang Yuwen said: "Our current society in China is turning back to the path of the Cultural Revolution. Specifically, it is worshiping the statue of the Chairman. Some people in many villages and towns are wearing the clothes of the Red Guards, holding the portraits of the leaders, those of Chairman Mao and Chairman Xi, and singing the songs of the Cultural Revolution. These can be seen as the scent of the Cultural Revolution hanging in the air. There are too many, too many to list. Entire pages of the People's Daily are constantly filled with nothing but information about the Leader. I see this as a concern, it is the scent of the Cultural Revolution hanging in the air. I don't like this situation, and that is my honest opinion. I think that in the past few years, there has been an ongoing restoration of the Cultural Revolution. The man in power, Xi Jinping, imitates Mao Zedong in various ways, establishes his own authority in the way of Mao Zedong, creates idols like Mao Zedong, strengthens his personal authority, enshrines his image in temples, where he is already being deified. The way I see it, isn't this a self-parody for someone who puts their faith in serving materialism?

4. On January 7, 2020, in Songzhuang, Beijing, criminal suspect Wang Yuwen did, in his capacity as the artist in Beijing Wang Zang, accept a WeChat Voice interview with Qiao Long, a reporter from Radio Free Asia, a foreign media broadcaster, in which he said: "China's state-owned enterprises and so-called private enterprises are still essentially Party-run enterprises. Some wealthy and powerful people and families who hold State power can unscrupulously embezzle the property of private enterprises, and interfere with the legal rights of private enterprises, such as their right to appoint personnel."

In his statement Wang Yuwen said: "I think a normal society is one with real freedom of speech, but a society without freedom of speech is abnormal. Both state-owned enterprises and private enterprises are under the leadership and control of the Communist Party of China, and the Communist Party of China is essentially running them. China's economic system is not a free market economy, but essentially a planned economy for the powerful, and this also shows my views of, and dissatisfaction with, this economic system.

5. On January 14, 2020, in Songzhuang, Beijing, criminal suspect Wang Yuwen did, in his capacity as the Beijing poet Wang Zang, accept a telephone interview with Qiao Long, a reporter from Radio Free Asia, a foreign media broadcaster on the topic of the article "The Latest Anti-Corruption TV Geature Film is Popular, and Points the Sword at a New Group of Powerful People in the Party" which was distributed by broadcaster, during which he said: "First of all, the term public power is a party-state framing, which has no legitimacy. The essence of public power is Party power, influencers' power, and totalitarian power. Precisely because of this, anti-corruption has nothing to do with public power. Therefore, anti-corruption is a political struggle for power and profit, a naked political deterrent to political allegiance. For those on the outside, on the one hand it covers up the problems of the system, on the other hand it creates an illusion of clean and honest governance for the people.

In his statement Wang Yuwen said: "The meaning of the disease of Chinese society going down to the marrow is that the Communist Party of China has too much power and there is nothing beyond its purview. I believe power belongs to the people. The Communist Party of China has replaced the power of the National People's Congress and the power of the people. Public power is the power of the public, which is derived from the legal authorization of the public. It is not a person or an organization who just says that I represent public power. Without authorization, there is no legitimacy. Currently, the public power in our country is derived from the propaganda discourse of the Communist Party of China's Propaganda Department, and it means what the Communist Party of China says it means, without the public's authorization, her propaganda on public power has no legitimacy. The public power in our country only represents the power of the Communist Party of China, the power of the entitled and powerful, and the power of the Communist Party of China and the totalitarian ideology of the entitled and powerful. As far as I am concerned, there are problems with the legitimacy of various activities of people's congresses at all levels, and there are also problems with the legitimacy of activities such as resolutions passed by people's congresses at all levels. I am dissatisfied with the various activities carried out by people's congresses at all levels. I think the anti-corruption campaign that the Communist Party of China is engaging in is just a show, and personally I despise it. This is the way things are: one official doesn't like another official, and out of personal interests, under the banner of anti-corruption, they compete for power and profit with each other. I saw a case in the domestic media where a fallen official said, "Why would I be an official unless I were corrupt?" My understanding is that China's current senior officials won't speak up about their supporters, and they're all the same, many many of them are all corrupt. The way I see it, the problem of official corruption under the leadership of the Communist Party of China is relatively serious. Our current State political system under the leadership of the Communist Party of China lacks effective oversight and transparency. Therefore, on the one hand they create the false image of being in power for the people and being clean and honest. I have seen that many officials are in power for themselves and for selfish reasons, and they do not allow the people to express different opinions. I hope that the State political system will truly implement the power of public opinion supervision and allow critical and opposing voices. A big country as powerful as this one has no need to worry over one voice among the masses. This is my most fundamental view on the current political system of our country. My personal ideology and value orientation do not conform to the value orientation and tastes of the domestic media. Many domestic media and platforms are fond of those who will cooperate, put on an act, and exude positive energy. I love to pay attention to social issues, I won't put on an act, and I say whatever I see and think. I pay attention to what I think is really positive energy, but what for domestic media and platforms may be social negative energy. Therefore, the domestic media will not invite me, nor dare to invite me, for fear of being punished by the relevant State agencies. My ideology and value orientation are more in line with the tastes of foreign media, so I have been interviewed by them many times.

6. On May 5, 2019, criminal suspect Wang Yuwen used his twitter account @wang-zang (nicknamed "王宁WANGZANG") to retweet Internet user Jie's tweet on the foreign website Twitter. The content was: "The CPC deceives the Chinese people with communism, and threatens the Chinese people with the knives and guns of Soviet Russia. It's not that the Kuomintang is too bad, but that the Communist Party is too bad! The CPC's program is written in black and white to achieve a proletariat (autocracy). The Kuomintang is a democratic political party. In 1947, it also practiced constitutional government and universal suffrage. Taiwan's democracy today is the result of practicing the Three Principles of the People! The Three Principles of the People: Nationality-Inheriting national culture, all nationalities are equal; self-reliance and independence; civic and democratic rights, people's livelihood and a better life."

In his statement Wang Yuwen said: "'The CPC deceives the Chinese people with communism, and threatens the Chinese people with the knives and guns of Soviet Russia' refers to the historical period from July 1, 1921, when the Communist Party of China was established, to October 1, 1949. At that time, the Communist Party of China promised the Chinese people that with communism China would be democratic in the future. It will become rich and powerful. This then lead to the civil war between the Kuomintang and the Communist Party. Many of the guns used by the Communist Party of China were supported by the Soviet Union. The Communist Party of China forced the common people to fight, and compatriots to fight compatriots. The key point of this sentence is deception, because at that time Mao Zedong and his political party, including the media of the CPC at that time, all declared to the whole country and the whole world that they wanted to build a country with democracy, prosperity, freedom, constitutional government, rule of law, multi-party elections, and human rights protection for everyone. However, after the founding of the People’s Republic of China, anti-rightists, the Three-anti and Five-anti Campaigns, and the Great Leap Forward led to major disasters such as the Great Famine, the Cultural Revolution, etc., all of which violated the promises made by the Communist Party of China before the founding of the People’s Republic of China. So I think the Communist Party of China has deceived the Chinese people. Comparing the Communist Party of China with the Kuomintang, it is clear who is good and who is bad. The Kuomintang is good and the Communist Party is bad. Comparing the programs, value orientations, historical consequences, and current conditions of the two political parties, including how they appoint themselves, shows that the KMT is good and the Communist Party is bad. The CPC’s program is the dictatorship of the proletariat, and the KMT’s program is the Three Principles of the People. The original intention of the proletarian dictatorship is autocracy, which is opposed to democracy. The Three Principles of the People are democratic in nature. The value orientation of the two political parties is that the CPC advocates class struggle, and the Kuomintang advocates constitutionalism and freedom. As for the actual situation of the two political parties, take today as an example, the Kuomintang led Taiwan to become a democratic and free society that has attracted worldwide attention. The mainland led by the CPC is becoming more and more authoritarian, and even a citizen who vents his dissatisfaction and expresses disagreement will be detained, punished, and so on. I am dissatisfied with the autocratic system of the Communist Party of China, and I wholeheartedly appreciate Taiwan's social system. My personal experience from my birth to now shows that the society under the leadership of the Communist Party of China has too many cases of not treating people as human beings, violating human rights, and making people live without dignity. It pains me to see it, and if I have dissatisfaction, I will express it without thinking about the consequences.

7. On May 5, 2019, criminal suspect Wang Yuwen used his twitter account @wang-zang (nicknamed "王藏WANGZANG") to retweet Internet user Real 辛灏年's tweet on the foreign website Twitter. The content was: "The CPC commemorates the May 4th, and only draws on its patriotic side, so as to embellish the past and force the common people to love its Marxist-Leninist China. As for the patriotic rebellion against the warlord government that broke out after the May 4th Movement, the CPC never mentions it, and it certainly does not want the common people to know about. Because in the history of China, there has never been a Marxist-Leninist political party who dared to betray the people like it has, and there has never been a Marxist-Leninist regime who dared to betray the country like it has."

In his statement criminal suspect Wang Yuwen said: "China refers to the country of the Chinese nation that has existed for thousands of years, and Marxist-Leninist China refers to the country guided by Marxism-Leninism, which is the China now led by the Communist Party of China. The CPC forces the common people to love China under the leadership of the Communist Party of China. Expressing oneself freely, accepting interviews casually, distributing works casually, even if they are extreme, even if they touch some red lines, it’s not a big deal. I am a literary and artistic person, I am neither a politician nor a social activist. I am without party affiliation or organization. Even if my words and deeds are extreme, that doesn't make me into anything. I have always regarded my personal words and deeds as freedom of speech and freedom of creation, so I have not studied the law in depth. I just think that it is okay to say anything, and no person or entity can control it. It is precisely because of the first two points of view that my ideological expressions and literary and artistic creations are unrestrained and audacious."

8. On May 5, 2019, criminal suspect Wang Yuwen used his twitter account @wang-zang (nicknamed "王藏WANGZANG") to retweet a tweet from the New York Times Chinese Net on the foreign website twitter. The content was: "Opinion Hong Zhenkuai: In Beijing’s Tiananmen area, everyone’s every move is closely monitored, which is also a microcosm of the CPC’s control over Chinese society. Traditionally, the CPC adopted one-on-one surveillance, but with the development of technology, the use of formidable State power, and the adoption of all available latest technologies, China is entering a period of new totalitarian rule that has never been seen before in human history.

In his statement Wang Yuwen said: "The Communist Party of China's monitoring of everyone's every move in Tiananmen Square is just a microcosm of its monitoring of Chinese society, and it illustrates the real status quo of Chinese society. Now China is entering a period of new totalitarian rule under the leadership of the Communist Party of China. We are entering a period of new totalitarian rule, and all aspects of our lives are being monitored and strictly controlled, and people have lost too much freedom, human rights, and dignity. I am dissatisfied with the current situation of closely monitoring and controlling people under the leadership of the Communist Party of China. Traditionally, the CPC has adopted one-on-one surveillance, but with the development of technology, it uses formidable State power and adopts all the available latest technologies to monitor and control people, which is more precise and efficient. China is entering a period of new totalitarian rule that is unprecedented in human history. The Communist Party of China not only utilizes high technology, it also utilizes formidable State power, often breaking through the bottom line of the law and constantly violating the privacy of every citizen. The Communist Party of China uses high technology and state power to strictly control every citizen, which is extremely rare in the world and in human history. In my opinion, under such controls, people lose too much freedom, human rights and dignity, just like animals in captivity in fences. My personal understanding is that in foreign countries surveillance is used to maintain public safety, while domestically surveillance is mainly used to control ordinary people. In the West, a citizen's right to privacy is sacred and inviolable. In China, a citizen's right to privacy can be violated as long as you're waving the national flag."

9. On October 24, 2016,  criminal suspect Wang Yuwen used the name Wang Zang to distribute the Independent Chinese Writers PEN 2016 (Freedom Writing Award) Acceptance Speech he wrote titled "Illuminating suffering with the blood of freedom" on the Independent Chinese Writers PEN website foreign website. The content was: "Whether in ancient or modern times, whether in China or abroad, there has never been any historical era such as the CPC after 1949 that has so thoroughly embodied the meaning of "hell on earth." There has never been such crime and suffering such as has existed under the iron shoes of the CPC's totalitarianism, which crushes under its heels the humanity's hopes for the power of its language and words, with which it cannot compete. The core of every mother tongue conceals and imbues the free nature of its people. Secular political power, on the other hand, often inserts a dark blade into the flesh and blood of language, harvests the shafts of freedom's light that rest implicitly or explicitly in the depths of the visceral veins, and constantly builds a profit-seeking prison. It uses words that have been excised of their meaning to create utopias that make all living beings drunken and debased. There has never been a utopia like communism, which not only renders human society insane, manifests the barbarism of its demons, and plunges it into ruin, but also strangles the life out of language itself, so that only the code of machines remains. The Chinese language still gasps for air to remind the world of the human image and breath, and a few words are still struggling to flow through the corpse of the language in the meat grinder. The blood of freedom of the soul: From the anti-rightist, the Cultural Revolution, up to June 4, the continuation of June 4 to the present. Even the unprecedented totalitarian political movement that is still going on today cannot completely kill the flesh and blood spirits among the corpses. It was fate that even though I grew up in Deng's totalitarian society characterized by cruelty and blood, super materialism, and opportunistic pragmatism, I would penetrate the barriers of "1984," "Animal Farm," and "Brave New World," and join those who can still bleed, those who have died tragically, and those who survived in exile to be infected by the cuckoo's mourning cry,1 as they embarked on the thorny road of independent cooperation. It has been thirteen springs and autumns since this journey began. Like some authors who have never given up, I have not given up on the bloody road of anti-totalitarianism. In a time and space full of razor blades and poisonous haze, breathing with open eyes every day, sensitive lungs that have not been scrubbed clean can feel the slaughter damage that totalitarianism brings to all living beings on this red soil every second - so much destructive damage. This has nothing to do with rhetoric. To put it in more human terms, everything in the world can be tolerated, except the evil of totalitarianism. The crimes as numerous as the grains of sand along the Ganges River, the misery as heavy as the top of Mount Tai, the unnatural death of hundreds of millions of lives, and the unnatural survival of more than a billion people are all easily explained. Today I no longer have this kind of romanticism: misery is a fortune, and a country's misfortune is a fortune. The suffering I have endured has already dispelled the meaning of "wealth," and has taken on the meaning of "tragedy." Even the "luck" of being able to take the initiative to be in misery is just a self-deceiving illusion of real fate. Even if those are "lucky" who can take the initiative to submerge in a sea of suffering, it is not fate, but rather just a self-deceiving illusion that seals up the truth. However, unless one chooses to commit suicide, if one still has a mind to continue living, one always finds a reason to live on. The blood of freedom still calls, and the blood of freedom still remains, and it can lighten the suffering slightly, comfort the undead ghosts a little, and slightly distinguish oneself from the mutated walking corpses. Finally, I would like to thank the founders of the Independent Chinese PEN Association, Bei Ling, Meng Lang and other poet friends, as well as some fellow Taoists in the PEN Association. We insist on adhering to the tenet of "promoting literature and maintaining freedom of speech." Thanks to the judges and friends for Freedom of Writing Award for presenting me with this important award. I will give it a good flogging. Thanks to the winners of the previous 12 editions: Wang Lixiong, Zhang Yihe, Wu Si, Ding Zilin, Liao Yiwu, Zhou Bo, Wang Jianhui, Yefu, Tajihui, Xugang, Chen Ziming and Ta Guanju. I have much to learn from you."

In his statement Wang Yuwen said: "After the establishment of New China in 1949, Chinese society under the leadership of the Communist Party of China was like a hell on earth, and the Chinese people lived in a hell on earth, which was unprecedented in Chinese history. After 1949, the Communist Party of China created a lot of political movements, such as the Anti-Rightist, Great Leap Forward, Cultural Revolution, and on and on, so many crimes and so much suffering. In the face of the totalitarian power of the Communist Party of China, which is like a machine with iron shoes, poets and artists lost their freedom to speak of real sins and sufferings. They lost their voice. In the face of the totalitarian power of the Communist Party of China, the words of poets and artists have become so vulnerable, but the power of ancient words remains very strong. There is an old saying that "while everything becomes worthless, only reading retains value," scholars are very respected, and among scholars poets are even more respected. Nowadays, under the leadership of the Communist Party of China, poets and scholars are even worse than unemployed vagrants. The political power of the Communist Party of China is very strong. At any time it will censor, distort, transform, and even destroy the truth and freedom of language, so that the free expression of poets, writers, and artists is continuously harvested like leeks. In order to enter a communist utopian society, we have had the Great Leap Forward and the Cultural Revolution, the Chinese people fought against each other, tens of millions of people were starved to death, too many people were criticized and killed, and many people became like demons, devouring their fellow men. This is what I saw in Guangxi's local Party history materials, which led to the ruin of  society during the Cultural Revolution, when  even the language itself was murdered, leaving only the words praising the leaders of the Communist Party of China and the Communist Party of China. Today the Chinese language is still respected in the world only because, in addition to the words praising the Communist Party of China and the leaders of the Communist Party of China, there are also words expressing free speech. From 1949 to the present, no matter how the Communist Party of China censors and punishes, free speech, free expression, and the pursuit of freedom in writing has never stopped. No matter what political movement it is, it can kill a person’s body, but it can’t kill their human soul, and their spirit and influence are immortal. From the 1989 June 4th student movement to the present, there are still people and words in Chinese society who pursue freedom and freedom of expression. I believe that  I am one of those people who pursue freedom and freedom of expression. I grew up under the leadership of a Communist Party of China represented by Deng Xiaoping in an environment full of cruelty and blood, super materialist desires, and opportunistic pragmatism. I was influenced by those predecessors who fought for freedom, yearned for freedom and freedom of expression, including those who died tragically while fighting for freedom, yearning for freedom and freedom of expression, and those who remained in exile. I was influenced by them, and I also embarked on the bumpy road of longing and striving for freedom. I have been writing independently for thirteen years because I yearn for freedom and fight for freedom. Like some writers who strive for freedom and yearn for freedom, I defend freedom of speech on the path of opposition to the censorship and imprisonment of literary and artistic works, and of keeping the heart of freedom of literary and artistic expression beating. Since 1949, we have been in an environment where anyone who hasn't been asleep can feel that the totalitarianism of the Communist Party of China has brought devastating harm to many people in China. In my opinion, more than one billion people in China have been living in an abnormal state, without basic human rights and freedom of speech. If people can't express what they want to say, they are not normal people. Although I have a lot of dissatisfaction, even despair, with the current Chinese society, yet I still want to find a reason to live, and I still want to maintain my yearning for freedom. Just like the lyrics say, nothing can stop my yearning for freedom. I use poems and art to express my yearning for freedom, and maybe it can comfort those souls who died unjustly in pursuit of freedom. The entire award acceptance speech showed that the current Chinese society is not free enough, and there remains a gap between it and my ideal of freedom. I am not very satisfied with China's current social system, and I am also dissatisfied in my heart. The content of the award acceptance speech is full of my personal desire to pursue freedom and my yearning for freedom. I already despair for the current society in China. My ideal free society is like that of America."

Criminal suspect Wang Liqin saved Wang Yuwen's award acceptance speech "Using the Blood of Freedom to Shed Light on Suffering" on her mobile phone for the purpose of sharing this poem.

10. On September 14, 2016, criminal suspect Wang Yuwen distributed the poem "Seven Rhythms Mid-Autumn Festival" (last of two poems) on his personal homepage on Facebook under the name Wang Zang. The main content was:

"In '49 a nation destroyed and hells arose, wronged souls and rotting corpses all around.
The Great Leap's violence was the wrath of men and heaven, the leaders banal evil and malicious madness.
A million ghosts no match for red riots, a cloud of evil grinds meat for cooking.
Mingling crows only look to deserted graves, the dream of mid-autumn broken in the crater of a cold moon.
The yellow flowers and noble grasses are filled with sorrow, as a moldy past grows on Xinhai's vibrant spirit.
Wuchang's volunteers all pointed to the sun, Jiang and Hu had the gall to accompany their wives.
The wanton yellow Russians made the shadowed people rise up, bringing chaos to the ROC and fattening the communist bandits.
Foreign aggression and domestic anxiety make tyranny like peace, a pity the battle's fruits were spoiled by thieves."

In his statement Wang Yuwen said: "The Republic of China fell in 1949, and after the founding of the People's Republic of China, Chinese society was like some kind of hell. The whole poem expresses my feelings about the fall of the Republic of China in 1949 and my feelings of anger and sorrow about this period of history after the founding of the People's Republic of China. Mao Zedong leading the people to topple three great mountains, the people are the masters of the country, these are lies. How can the people be the masters of the country when they kneel at the feet of their leaders? The former Soviet Union transposed upon China their ideology of class struggle by fighting the landed gentry and dividing the land without working. At the time of the Japanese invasion of China, the bandits that had been set up by the former Soviet Union, such as Li Dazhao, and the Japanese bandits who invaded China, were growing rich and strong together. The Republic of China faced all kinds of bandits from the Japanese army who invaded China to domestic tyrants who divided their fields and looted their homes."

Criminal suspect Wang Liqin saved the "Seven Rhythms Mid-Autumn Festival" (last of two poems) for Wang Yuwen on her mobile phone for the purpose of sharing the poem

11. On February 10, 2018, criminal suspects Wang Yuwen and Wang Liqin co-edited and wrote "The Lawyer Sui Muqing Whom I Know." These two also co-compiled and completed "The detoxification of an epic poem by Wang Zang by heroes from all walks of life," "The detoxification of a group of poems by Wang Zang by elites from all walks of life," and "The professional detoxification of several short poems by Wang Zang by several critics".

12. In 2014, criminal suspect Wang Liqin took a photo of Wang Yuwen's bald head and umbrella with his mobile phone to express solidarity with the Occupy Central movement in Hong Kong.

On October 2, 2014, criminal suspect Wang Yuwen was taken into criminal detention and arrested by the Tongzhou precinct of the Public Security Bureau of Beijing on suspicion of the offense of disturbing the peace for expressing solidarity with Hong Kong's "Occupy Central" movement. Wang Yuwen wrote his own letter of confession and repentance, promising: "I will no longer pay attention to negative human rights issues, and will not write and distribute related content. I will no longer create literary and artistic works with critical or extreme ideas, and I will no longer use social hot-button issues to sensationalize my own works." Wang Yuwen stated in the letter of repentance: "I am deeply regretful and ashamed of my ideology and certain social conduct."

When Wang Yuwen went to Chuxiong  to buy a house in 2017 and lived in Chu, the police from the State Security Agency of Chuxiong repeatedly undertook "knock and warn" and "education and salvation"work 2 with Wang Yuwen. Wang Yuwen repeatedly wrote guarantee letters: "I will ensure that the words and images I distribute on the Internet will not violate political and legal bottom lines, and will not attack the Party and the State. I will strictly abide by laws and regulations, and observe the law and discipline. I will abide by the "Cyber Security Law" of the State, and won't publish words and images on foreign websites that damage the reputation and image of the State. I will earnestly study the relevant laws and regulations of the State, and never do anything to cross the bottom line of the law. " He has written many letters of repentance and letters of guarantee, but he has repeatedly violated them.

Wang Yuwen claims that his personal political position is to strive for democracy and freedom. He himself has claimed "I don't hide it, the poems and images I distributed all reflect my political stance and my dissatisfaction with the Party and the State."

Criminal suspect Wang Yuwen was interviewed by the foreign media outlet Radio Free Asia, reposted tweets on Twitter, and distributed an award acceptance speech. Their contents manufactured rumors, and defamed, denigrated, smeared, and attacked the Communist Party of China, China's current social system, and State leaders.

After criminal suspect Wang Yuwen was arrested and held in custody in accordance with the law, during the investigation process of the case, the leaders of the special case team and the police handling the case conducted propaganda and education on laws and regulations many times. Wang Yuwen wrote a "Letter of Repentance," "Letter of Confession, Repentance, and Ideological Reflection," and "A Further Letter of Repentance and Ideological Reflection," and recorded a video pleading guilty and accepting punishment, and persuading his fellow suspect Wang Liqin to plead guilty and accept punishment.

After 30 interrogations, criminal suspect Wang Yuwen confessed on the record to the acts that were suspected of inciting subversion of state power.

Criminal suspect Wang Yuwen's statement said that he was beaten by Beijing police in 2014, and he had the conditions to go abroad to seek political asylum. He contacted Liao Yiwu, who lives in Germany, and Lu Yong, who lives in Thailand, about having his family of six traveling first to Thailand, and then to Germany or the United States. In order to flee abroad, in January 2020, after consulting with Wang Liqin, Wang Yuwen applied for passports for Wang Liqin, Wang Shifan, and himself at Tongzhou precinct of the Public Security Bureau of Beijing. He was preparing to get passports for Wang Nianci, Shiya Wang and Wang Shiyin after returning to Chuxiong.

Criminal suspect Wang Yuwen's statement said that for so many years his ideology has compelled him to repeatedly distribute suspected illegal and criminal remarks, articles, images, comments, and other works on Twitter and Facebook, just to vent his ideology and dissatisfaction, and he couldn't help himself.

Wang Yuwen stated that if he didn't post he would feel like a fish out of water all day long, just like a smoker who is addicted to smoking, and a drug addict who is addicted to drugs. He would feel very depressed, very irritable, and that life was meaningless. After posting, he would feel lighter and more comfortable.

Criminal suspect Wang Yuwen stated that most of the people who bought paintings with him over the years did not know much about painting, but they understood what he and Wang Liqin were going through, and were offering understanding, sympathy, and support for what they were experiencing, and were expressing admiration for his and Wang Liqin's spirit of independence, freedom, and resistance, and giving support by buying paintings from them. They obtained more than 100,000 yuan in funds by selling paintings to these people.

Criminal suspect Wang Liqin used her mobile phone to store and share for Wang Yuwen poems, articles, comments, photos, videos, and other works suspected of manufacturing rumors, and defaming, attacking, denigrating, and smearing China's Party and government.

Criminal suspect Wang Yuwen and Wang Liqin jointly carried out criminal activities that incited subversion of state power. Criminal suspect Wang Yuwen is the principal offender in this case, and criminal suspect Wang Liqin is an accessory offender in this case.


The evidence determining the aforementioned facts is as follows:

    • The civil police apprehension process, suspect's statements and justifications, "Letter of Repentance," "Letter of Confession, Repentance, and Ideological Reflection," and "A Further Letter of Repentance and Ideological Reflection," and video of confession and warning not to follow his example. These can substantiate the continuity, consistency, and authenticity of the commission of the crime.
    • The electronic data network online collection work records. These can substantiate the means, process, consistency and continuity of the commission of the crime.
    • Crime scene investigation transcripts. These can substantiate the means of the commission of the crime.
    • Voice and audio forensics of the interviews criminal suspect Wang Yuwen gave. These can substantiate the methods and authenticity of the commission of the crime.
    • Criminal suspect Wang Yuwen's identification of screenshots of interviews, retweets, distributed acceptance speeches, distributed poems, etc. These can substantiate the methods, process, actuality, consistency, and continuity of the commission of the crime.
    • Witness testimonies. These can substantiate the continuity and consistency of the commission of the crime.
    • Wang Yuwen's previous convictions material. These can substantiate his criminal history.
    • Wang Yuwen's letters of guarantee. These can substantiate the continuity and consistency of his commission of the crime.
    • Criminal suspects Wang Yuwen's and Wang Liqin's confessions of guilt and acceptance of punishment for the criminal facts. These and the other evidentiary materials are mutually corroborating. These can substantiate that the two of them are suspected of jointly committing a crime.
    • Criminal suspect Wang Liqin's judicial mental illness forensics. These can substantiate the authenticity of his commission of the crime, and that he should bear legal responsibility.

The aforementioned criminal facts are clear, the evidence is reliable and copious, and is sufficient to reach a determination.

On October 2, 2014, criminal suspect Wang Yuwen was taken into criminal detention by the Tongzhou precinct of the Public Security Bureau of Beijing on suspicion of the offense of disturbing the peace for  expressing solidarity with Hong Kong's "Occupy Central" movement. He was arrested in accordance with the law on November 6 of the same year, and was released on July 9, 2015 following the Procuratorate of Tongzhou District, Beijing's decision not to prosecute.

Based on an investigation, criminal suspect Wang Liqin has no criminal record.

In summary of the foregoing, in order to pursue American-style democracy, to express, yearn for, and pursue an American-style political system, to reflect his political stance, and to express his dissatisfaction with the People's Republic of China, the Communist Party of China, and China's current social and economic systems, for the last several years criminal suspect Wang Yuwen used various means to manufacture rumors, and defame, insult, denigrate, smear, and attack the Communist Party of China, China's current social and economic systems, and State leaders, including creating poems, paintings, images, comments, and other works, accepting interviews on foreign Radio Free Asia and other media broadcasts, and distributing texts on social platforms such as Twitter and Facebook.

Criminal suspect Wang Liqin participated in the arrangement, production, and storage of some of Wang Yuwen's works.

The acts of these two people were the commission of an offense under the provisions of Article 105(2) of the "Criminal Law of the People's Republic of China," and they are suspected of committing the crime of inciting subversion of state power. They should bear criminal liability in accordance with the law. In accordance with the provisions of Article 162 of the "Criminal Procedure Law of the People's Republic of China", the case will be transferred to the prosecution agency for pre-prosecution examination.

It is hereby addressed to the People's Procuratorate of Chuxiong

September 2, 2020

Public Security Bureau of Chuxiong

楚雄州公安局


起诉意见书


楚公(国)诉字[2020]01号


犯罪嫌疑人王玉文,网络昵称"王藏",男,1985年8月12日出生,出生地云南省大姚县,身份证号码:

532326198508121412,汉族,大专文化,自由职业者,主要从事绘画、艺术创作,现住楚雄市楚大道江岸尚品小区1幢1单元602室。2014年10月2日因声援支持香港"占中"活动被北京市公安局通州分局以涉嫌寻衅滋事罪刑事拘留,同年11月6日被依法逮捕,2015年7月9日北京市通州区检察院不予起诉后被释放。因涉嫌煽动颠覆国家政权罪于2020年5月31日被我局刑事拘留,7月3日被逮捕,现羁押在楚雄市看守所。
辩护律师陈德鹏,云南滇楚律师事务所律师,律师执业证编15323201910105781.

犯罪嫌疑人王利芹,女,汉族,1984年8月4日出生,身份证号:320724198408044825,高中文化,无业,户籍地:江苏省灌南县三口镇三合五组27号,现住楚雄市楚大道江岸尚品小区1幢1单元602室。因涉嫌煽动颠覆国家政权罪2020年6月17日被我局刑事拘留,7月24日被逮捕,现羁押在楚雄州看守所。

辩护律师:无。

犯罪嫌疑人王玉文、王利芹涉嫌煽动颠覆国家政权一案,由楚雄州公安局在工作中发现,按规定程序于2020年2月7日上报云南省公安厅同意后立案进行侦办。犯罪嫌疑人王玉文、王利芹分别于2020年5月30日和6月17日被抓获归案。

经依法侦查查明:犯罪嫌疑人王玉文多年来多次接受境外媒体广播自由亚洲电台的采访,在推特、脸书境等境外网站发表诗歌、文章、图片等作品,内容涉嫌造谣、诽谤,侮辱、诋毁、抹黑、攻击中国共产党、中国现行社会制度和国家领导人。一、2019年4月9日,犯罪嫌疑人王玉文在楚雄江岸尚品小区1幢1单元602室以北京独立艺术家王藏的名义接受境外媒体广播自由亚洲电台记者乔龙的电话采访,乔龙问王玉文对"微博停于建嵘等50个头部号"的话题有什么看法,王玉文在电话里对乔龙说:"因言获罪是集权社会的特征,集权社会只允许真理部及其附属机构存在,一切都要涂脂抹粉、歌功颂德。言论自由是集权政治的天敌,是必须要扼杀的。他们一直在封口,包括宪法在内,只是一种装饰。当民众要独立表达声音的时候,就会受到国家机器的各种压制、处罚。"

王玉文在供述中称:"我们中国现在的社会就是集权社会,我看到政府权利凌驾于一切,无所不干涉,方方面面都要干涉,甚至连司法独立也要干涉,连宪法规定的言论自由和国家尊重保障人权在不少时候都形同虚设。因表达自己的看法,最后被抓被判刑,在古代叫文字狱,在当代叫因言获罪。现在的中国社会只允许赞美,不允许批判,只允许吹捧,不允许吐槽和牢骚。中国现在的社会害怕民众表达真实的声音,把民众的真实声音视为天敌,所以想办法禁言、销号(网络账号),甚至要处分。"

二、2019年7月11日,犯罪嫌疑人王玉文在楚雄江岸尚品小区1幢1单元602室以诗人王藏的名义接受境外媒体广播自由亚洲电台记者高峰的电话采访,高峰在电话里问王玉文为什么被带到派出所,王玉文说可能是因为与转发香港歌手何韵诗在联合国人权理事会描述一国两制濒临死亡的视频有关,王玉文在电话里对高峰说"何韵诗区别于其他人,她讲出了好多其他人包括我的心声"。同时王玉文在推特上发了一张图片,图片的内容为"王玉文戴着墨镜,右手拿着大儿子王念慈的玩具长枪,左手蒙着王念慈的脸,王念慈用手蒙着王诗雅的嘴,王诗雅用手蒙着王诗音和王诗梵的脸和嘴。"高峰问王玉文图片是什么意思?王玉文说:"这是我们生存的各个方面的一个写照。我们生存在一个极权环境。我拿着枪,我是老大哥,我蒙着大儿子的嘴,大儿子蒙着老二的嘴。老二蒙着老三老四的嘴脸。一代一代的从上到下,不让说话,不让表达,让你看到的都是黑暗,整个社会就这样都被极权严控。"

王玉文在供述中称:"香港本来是一国两制,因为中华人民共和国中央政府对香港的法治和自由进行严重干涉,所以快成为一制了,就是在香港推行大陆的制度。现在的中国整个社会都被中国共产党控制着,中国共产党领导一切、控制一切,中国共产党领导的政府不让说话,不让表达,只允许有国家的声音、政府的声音、宣传部的声音,只能有主旋律,不能批判,不能反对,不能有异议。"王玉文特别要求在政府前面不能加人民两个字。该图片由犯罪嫌疑人王利芹受王玉文的指使用王玉文的手机拍摄形成。

三、2019年12月20日,犯罪嫌疑人王玉文在北京宋庄以北京行为艺术家王藏的名义接受境外媒体广播自由亚洲电台记者乔龙的电话采访,乔龙就民间挂着毛主席的像,很多人对着毛主席像磕头,问王玉文有什么看法?犯罪嫌疑人王玉文说:"民众所见到的这些情景,绝非孤立的个案,反映了当前中国的政治形势。这几年以来,一直在文革复辟。在很多乡镇,我还看到有人举着领袖的画像,穿着红卫兵的衣服。当权者也在通过各种方式树立自己的权威,在造神。还有一大堆类似的事情都在表明把一切往文革方面拉,往回拉。"

王玉文在供述中称:"我们中国现在的社会正走文革的回头路。具体来说就是供奉主席像进行跪拜,很多乡镇的一些民众穿着红卫兵的衣服,举着领袖像,有毛主席的也有习主席的,唱着文革歌曲。这些可以看出是非常浓厚的文革气息,还有太多太多,不胜枚举。《人民日报》随时整版都是领袖的信息,我看出一种担忧,这就是文革的气息,我不喜欢这种情况,这是我真实的想法。我认为这几年以来,一直在文革复辟。当权者习近平通过各种方式模仿毛泽东,以毛泽东的方式树立自己的权威,和毛泽东一样在造神,强化他的个人权威,寺庙供奉他的像,已经把他当神了,在我看来对于一个信奉唯物主义的人来说,这不是自我讽刺吗?'"

四、2020年1月7日,犯罪嫌疑人王玉文在北京宋庄以北京艺术家王藏的名义接受境外媒体广播自由亚洲电台记者乔龙微信语音采访时称:"中国国营企业和所谓民营企业本质上仍是党营企业。掌握国家大权的一些有钱有势的人和家族可以肆无忌惮的任意侵占民营企业的财产,干扰和定夺民营企业的人事任命权等企业合法权。"

王玉文在供述中称:"一个正常的社会我认为是有真正言论自由的社会,没有言论自由的社会是不正常。国有企业也好,民营企业也好都在中国共产党的领导和控制之下,本质上都是中国共产党在经营。中国的经济体制不是自由市场经济,本质是权贵计划经济,也表明我对这个经济体制的看法和不满。"

五、2020年1月14日,犯罪嫌疑人王玉文在北京宋庄以北京诗人王藏的名义就境外媒体广播自由亚洲电台发表题为"最新反腐电视专题片热播剑指党内新一批权贵"的文章,接受该电台记者乔龙电话采访时说:"首先公权力一词是党国话语,没有合法性,公权力的本质是党权力、权贵权力、极权权力。正因此,反腐与公权力无关。所以反腐对内是一场政治夺权夺利的斗争,对政治效忠问题赤裸裸的政治威慑。对外一方面为了掩饰体制问题,一方面营造执政为民、清正廉洁的假象。"

王玉文在供述中称:"中国社会之病在于骨髓的意思是中国共产党的权力过大,无所不管,我认为权力属于人民,中国共产党代替了人大的权力,代替了人民的权力。公权力是公共权力,来自于公共的合法授权,不是哪一个人,哪一个组织随便说我代表公权力,没有授权就没有合法性。现在我们国家的公权力来自于中国共产党宣传部的宣传话语,都是中国共产党的意思,没有得到公共的授权,她对公权力的宣传没有合法性。我们国家的公权力只代表中国共产党的权力,只代表有权有势者的权力,还有就是代表中国共产党和有权有势者极权意识形态的权力。就我个人来说,各级人大通过的各项活动的合法性存在问题,各级人大通过的各项决议等活动的合法性也存在问题,我对各级人大开展的各项活动是不满的。我觉得中国共产党现在在搞的反腐是在做戏,我个人很藐视。一个官员看不惯另外一个官员,出于个人利益,打着反腐的旗帜,相互争权夺利,存在这样的情况。我在国内媒体看到一个案例,一个落马官员说"我不腐败我当官干嘛",我的理解是中国现在的官员大哥不要说二哥,都差不多,很多很多都是腐败的,我个人看来在中国共产党领导下官员腐败的问题是比较严重的。我们现在中国共产党领导下的国家政治体制缺乏有效的监督、透明,因此一方面营造执政为民、清正廉洁的假象,我看到不少官员是执政为己、执政为私,还不让民众表达不同的意见,我希望国家政治体制真正落实舆论监督权,容许有批评和反对的声音。大国如此强大,不需要担忧民众的一张嘴。这是我对我们国家现在的政治体制最根本的看法。我个人的思想、价值取向不符合国内媒体的价值取向和口味,国内很多媒体或者平台喜欢那种会配合,会表演,满口正能量的,我爱关注社会问题,不会表演,看到啥就说啥,想到啥就说啥,我关注我认为是真正正能量的东西,但对于国内媒体或者平台来说也许是社会负能量的东西。因此国内的媒体不会邀请我,也不敢邀请我,怕被国家相关部门处分。我的思想、价值取向比较符合境外媒体的口味,因此多次接受他们的采访。"

六、2019年5月5日,犯罪嫌疑人王玉文使用其推特账号@wang-zang(昵称叫"王藏WANGZANG")在境外网站推特上转推了网民杰的推文,内容为"中共以共产主义欺骗中国人民,以苏俄的刀枪威逼中国人民。不是国民党太差,是共产党太坏!中共纲领白纸黑字搞无产阶级(专制)。国民党是民主主义政党,1947年还行宪政和普选。今台湾民主是实践三民主义的成果!三民主义:民族-继承民族文化各民族平等自主自立;民权民主权利,民生改善生活"。

王玉文在供述中称:"‘中共以共产主义欺骗中国人民,以苏俄的刀枪威逼中国人民,是指1921年7月1日中国共产党成立至1949年10月1日这段时间的历史,当时中国共产党以共产主义向中国人民许诺未来的中国会民主、会富强,然后导致国共内战,中国共产党所用的枪支很多是苏俄支持,中国共产党逼着老百姓打仗,同胞打同胞。这句话关键的地方是欺骗,因为当时毛泽东及其政党,包括当时中共的媒体都向全国、全世界宣称要建设一个民主、富强、自由、宪政、法治,多党竞选,人人都有人权保障的国家。但是建国以后反右、三反五反,大跃进导致大饥荒,文革等等重大灾难,所有这些违背了中国共产党建国以前的承诺,所以我认为中国共产党欺骗了中国人民。中国共产党和国民党一对比,谁好谁坏一清二楚,国民党好共产党坏。两个政党的纲领、价值取向、历史后果,现实状况,包括衣装打扮等很多方面进行对比,都能说明是国民党好共产党坏。中共的纲领是无产阶级专政,国民党的纲领是三民主义,无产阶级专政的本意就是专制,与民主是对立的,三民主义本质上是民主的;两个政党的价值取向,中共崇尚阶级斗争,国民党崇尚宪政、自由;两个政党的现实状况,就拿当今来举例,国民党领导台湾最终成为全球瞩目的民主自由社会,中共领导的大陆越来越专制,连一个国民发泄不满,表达不一致的看法都要被拘禁、处分等等。我心里面对中国共产党的这种专制制度是不满的,心里面比较欣赏台湾的社会制度。从我出生到现在我的亲身经历,说明现在中国共产党领导下的这个社会有太多不把人当人,侵犯人权,使人活得没有尊严的情况,这种情况很多。我看不惯,我有不满我就把它表达出来,不去考虑有什么后果。"

七、2019年5月5日,犯罪嫌疑人王玉文使用其推特账号@wang-zang(昵称叫"王藏WANGZANG")在境外网站推特上转推了网民Real辛灝年的推文,内容为"中共纪念五四,仅抽其爱国一面,以便移花接木,逼迫老百姓去爱他的马列中国至于五四爱国而才爆发的反对军阀政府卖国,中共则绝对不提,更不想让老百姓知道。因为中国有史以来,就从没有一个像他这样敢于卖族的马列政党,从没有一个像他这样敢于卖国的马列政权。"

犯罪嫌疑人王玉文在供述中称:"中国是指几千年以来中华民族的国家,马列中国是指以马列主义为指导的国家,就是现在中国共产党领导的中国。中共逼迫老百姓去爱中国共产党领导下的中国。随便表达,随便接受采访,随便发表作品,就算偏激,就算触碰某些红线,也不算什么事,我是一个搞文艺的,我不是政治家,也不是社会活动家,无党派无组织,就算我言行偏激也不能把我怎么样;我一直将我的个人言行视为言论自由和创作自由,所以对法律方面没有深入的研究,就是认为说啥都可以,任何人和单位都管不着;正因为有前两点的看法,所以我的思想表达和文艺创作就口无遮拦,肆无忌惮。'"

八、2019年5月8日,犯罪嫌疑人王玉文使用其推特账号@wang-zang(昵称叫"王藏WANGZANG")在境外网站推特上转推了纽约时报中文网的一条推文,内容为"观点洪振快:在北京的天安门一带,每个人的一举一动都在严密监视下,这也是中共管控中国社会的一个缩影。传统上,中共采取的是人盯人监控,而随着技术发展,利用强大的国家权力,采用一切可利用的最新技术,中国正在进入一个人类历史上没有过的新式极权主义统治时期。"

王玉文在供述中称:"中国共产党在天安门监控每一个人的一举一动只是它监控中国社会的一个缩影,它说明了中国社会的真实的现状,现在的中国在中国共产党的领导下,正在进入一个新式集权主义的统治时期,我们的方方面面都被监控着,都被严密的管控着,人失去了太多的自由、人权和尊严,我对中国共产党领导下现在的这种严密监控人、管控人的现状是不满的。传统上,中共采取的是人盯人监控,而随着技术发展,利用强大的国家权力,采用一切可利用的最新技术监控人管控人,更加的精准效率更高,中国正在进入一个人类历史上没有过的新式极权主义统治时期。中国共产党不仅利用高科技,而且还利用强大的国家权力,不少时候是突破法律底线,不断侵犯着每一个公民的隐私。中国共产党利用高科技和国家权力来严密管控每一个国民,这在世界上,人类历史上都是极其罕见的。在我看来,如此管控之下,人失去了太多的自由、人权和尊严,就像栅栏里圈养的动物。我个人的理解是国外的探头是为了维护公共安全,我们国内的探头主要是为了管控老百姓,在西方公民的隐私权神圣不可侵犯,在中国国内,只要打着国家的旗号都可以侵犯公民的隐私权。
"
九、2016年10月24日,犯罪嫌疑人王玉文在境外网站独立中文作家笔会网站以王藏的名义发表了其撰写的题为《用自由之血光照苦难》独立中文笔会2016年度【自由写作奖】获奖感言,其内容为:"古今中外,从来没有任何历史时代如1949后的中共一般透彻抵達【人间地狱】的涵义,也从来没有任何罪恶和苦难,能够如中共集权的铁履,能将人类的语言文字及对其力量的期待,对照得那么不堪一击,碾压得惨不忍睹。任何一种母语,其内脏都隐藏或浸染着人的自由天性。而世俗的政治权力,时常会将暗黑的刀刃插进语言的血肉,或隐或现地收割著内脏静脉深处的自由光片,不断打造着唯利是图的牢狱,并工于用手术后的词语,营造一个个使众生迷醉或沉沦的乌托邦。也从来没有任何一个乌托邦,能如共产主义,不仅使人类社会疯狂,彰显群魔野蛮深入属属废墟,还将语言本身扼杀至死,残留机器符码。中文至还能喘息着让世界联想到人的形象和呼吸,在于绞肉机内语言的尸渣中,仍艰难地流淌着少量文字。魂魄的自由之血:从反右,文革,直至六四,六四的延续至今。即便是亘古未有的如今仍在持续的集权政治运动,也不能彻底杀死那些群尸中有血有肉的灵魂。有缘的是,在以残酷血腥、超级物欲和机会实用主义为特质的邓氏集权社会中成长的我,竟然穿透【一九八四】、【动物庄园】和【美丽新世界】的屏障,与那些还能流出血来的、己惨死的和仍流亡幸存的前辈们相遇,受其杜鹃啼血的感染,走上了独立协作的荆棘路。这一走,至今已十三个春秋。我和一些没有心死的作者一般,在反集权的雪地血路上,仍未死心。充满刀片和毒霾的时空,每一天睁眼的呼吸中,尚未被洗刷干净的敏感肺腑,都可感受得到集权主义分秒带给这块红土上的众生的屠宰伤害——毁灭式的伤害。这无关修辞,人性点说,世间一切皆可容忍,唯独集权主义的邪恶不可容忍。恒河沙数的罪孽,沉重如泰山壁顶的苦难,数以亿万计的非正常死亡生命,十几亿人的非正常存活,都足可轻而易举说明。我如今已没有这样的浪漫主义:苦难是一笔财富,国家不幸诗家幸。我体会到的苦难,早已消解了【财富】的意义,甚至也消解了【悲剧】的意义。就算是能主动置身苦海的【幸运】,不过是封真切不命运的一种自欺的幻觉。然而,除非选择自杀,倘若还有苟活的念头,总的自我设置一种苟活下去的理由:还剩自由之血,还得以自由之血,才可以轻微光照苦难,些许告慰冤鬼亡灵,勉强让自己稍微区别于变异的活尸。最后,感谢独立中文笔会的筹创者贝岭、孟浪等诗友和笔会的一些道友,还坚持捍述著【弘扬文学、维护言论自由】的宗旨;感谢自由寓作奖J的评委鲕友们,特此漠藉文届的重要奖项颁发给我,我将其祝南鞭笞;感谢前十二届的获奖者:王力雄、章怡和、吴思、丁子霖、廖亦武、周勃、汪建辉、野夫、榻颞惠、虚刚、陈子明和榻罐掘,你们值得我学习。"

王玉文在供述中称:"1949年新中国成立以后,中国共产党领导下的中国社会如同人间地狱,中国人民生活在人间地狱当中,在中国历史上是前所未有的。1949年后,中国共产党制造了非常多的政治运动,如反右、大跃进、文革等等,这么多的罪恶和苦难,在中国共产党如同机器铁履的极权权力面前,诗人、艺术家失去了对现实罪恶和苦难进行表达的自由,失语了。在中国共产党的极权权力面前,诗人、艺术家的文字显得那么不堪一击,在古代文字的力量是很强大,有一句古话"万般皆下品惟有读书高",读书人是很受尊重的,诗人是读书人中的读书人更受尊重。现在中国共产党领导下的中国社会,诗人和读书人连无业游民都不如。中国共产党的政治权力很強大,他会随时审查、扭曲、改造,甚至毁灭语言的真相和自由,使得诗人、作家、艺术家的自由表达如同韭菜般不断被收割了。中国的国人为了进入共产主义乌托邦的社会,如大跃进、文革,造成了人与人互相批斗,几千万人被饿死,太多的人被批斗死、被整死,不少人还像魔鬼一样人吃人,这是我在广西当地党史资料看到的,导致文革时候的社会像废墟一样,连语言本身也被杀死掉,只剩下歌颂中国共产党和中国共产党领袖的文字了。现在中文在世界上还能受到尊重,是因为除了歌颂中国共产党和中国共产党领袖的文字外,还有自由言论的文字表达。从1949年至今,不管中国共产党如何审查、处罚,文字里的自由言论、自由表达、自由追求从来就没有间断过,不管是任何政治运动,可以杀死人的肉体,但绝对杀不死人的灵魂,他的精神和影响是杀不死。从1989年六四学潮至今,在中国社会仍然有追求自由、表达自由的人和文字。我自认为我是这些追求自由、表达自由人群中的一个。我是在以邓小平为代表的中国共产党领导下充满残酷血腥、超级物欲和机会实用主义的环境中成起来的,我受那些为了争取自由,向往自由、表达自由的前辈们,包括为了争取自由、向往自由、表达自由已经惨死的,仍在流亡的前辈,我受他们的影响,也走上了一条向往自由,争取自由的坎坷的路。我为了向往自由、争取自由而进行独立写作已经十三年了。我和一些为了争取自由、向往自由的作家一样,在反对对文艺作品的审查和禁锢的创作道路上,捍卫言论自由、文艺表达自由的心还在跳动着。自1949年至今我们身处的环境氛围,只要还清醒的人都可以感受得到中国共产党的集权主义给中国很多人带来毁灭式的伤害,在我看来现在中国的十几亿是非正常存活的状态,没有基本的人权,没有言论的自由,如果人不能表达他想说得话就不是正常人。虽然我对中国现在的社会有很多看不下去,甚至绝望,但是我还是要找一个理由活下去,还是要保持对自由的向往,就像那句歌词所唱的没有什么能够阻挡我对自由的向往,我用诗歌和艺术表达对自由的向往,或许可以告慰那些为了追求自由而冤死的亡灵。整个获奖感言表明现在的中国社会不够自由,离我理想的自由还有差距,我对中国现在的社会制度不是太满意,心里面也有不满,获奖感言的内容充满了我追求自由、向往自由的个人愿望,我对中国现在的社会已经绝望了。我理想中的自由社会就像美国一样。"犯罪嫌疑人王利芹用自己使用的手机为王玉文储存该《用自由之血光照苦难》的获奖感言,目的是为了共享该诗歌。

十、2016年9月14日,犯罪嫌疑人王玉文以王藏的名义在脸书个人主页上发表了诗歌《七律·中秋抒怀》(外二首),内容主要为:"四九亡国地狱升,冤魂遍野腐尸横;狂飙跃进人天怨,领袖蠢贼恶意疯;厉鬼不及红祸乱,邪云重碾肉泥烹;昏鸦只顾荒坟闹,梦断中秋冷月坑。
黄花浩气草含悲,辛亥风云旧制霉;义勇武昌皆指日,江湖肝胆与妻陪。黄俄放肆阴人起,祸乱民国匪共肥。外患内忧平暴虐,何惜战果被贼黑"。

王玉文在供述中称:"1949年中华民国亡国,中华人民共和国建立后中国的社会像地狱一般。整首诗表达了我对1949年中华民国亡国,中华人民共和国建立以后这段历史的愤怒和悲哀。毛泽东带领人民推翻了三座大山,人民当家作主人,这些根本就是谎言,人民跪倒在领袖的脚下,还怎么当家作主。前苏联把他们打土豪分田地不劳而获阶级斗争的思想搬到中国来,当时正值日军侵华的时候,前苏联树立的土匪如李大钊等和侵华的日本土匪共同肥沃和壮大起来,中华民国面对着侵华日军和国内打土豪分田地打家劫舍的各种土匪。"犯罪嫌疑人王利芹用自己使用的手机为王玉文储存该《七律·中秋抒怀》(外二首),目的是为了共享该诗歌。

十一、2018年2月10日,犯罪嫌疑人王玉文、王利芹共同整理、撰写了《我所了解的隋牧青律师》。二人还共同整理、完成了《各界英杰对王藏一首长诗的解毒》、《各界精英对王藏一组诗的解毒》、《几位批评家对王藏几首短诗的专业解毒》。

十二、2014年,犯罪嫌疑人王利芹用手机为王玉文拍摄了为声援支持香港"占中"活动王玉文光头打伞的照片。

2014年10月2日,犯罪嫌疑人王玉文因声援香港"占中"活动被北京市公安局通州分局以涉嫌寻衅滋事罪刑事拘留、逮捕,王玉文写下亲笔供词和悔过书,保证:"不再关注负面的人权问题,不写作和发表与此相关的内容;不再创作带有批判或偏激思想的文学和艺术作品,也不会再借助社会热点问题炒作自己的作品。"王玉文在悔过书中称:"对自己的思想及一些社会行为深感懊悔和耻辱"。2017年王玉文到楚雄市购房在楚居住期间,楚雄州市国保部门的民警多次对王玉文开展敲打告诫、教育挽救工作,王玉文多次写下保证书:"保证以后在网络上发表的文字及图片不触犯政治和法律底线,不在网络上攻击党和国家,严格遵守法律法规,遵纪守法;遵守国家《网络安全法》,不在境外网站发布有损国家声誉、形象的文字、图片;认真学习国家的相关法律法规,不做超越法律底线的事"。多次写下悔过书、保证书,但多次违反。王玉文声称其个人政治立场就是要争取民主、自由,自称"我不掩饰,我发表的诗歌、图画都反映了我的政治立场,表达我对党和国家的不满"。犯罪嫌疑人王玉文接受境外媒体自由亚洲电台的采访,在推特上转发推文、发表获奖感言,内容均涉及造谣、诽谤、诋毁、抹黑、攻击中国共产党、中国现行社会制度和国家领导人。犯罪嫌疑人王玉文被依法逮捕羁押后,在案件侦查过程中专案组领导和办案民警多次对其开展法律法规宣传教育,王玉文先后亲笔写下"悔过书"、"供词、悔罪及思想检讨书"和"再次悔过及思想反省书",并录制了认罪伏法现身说法视频和劝解其同案嫌疑人王利芹认罪伏法的视频。经过30次讯问,犯罪嫌疑人王玉文对其实施涉嫌煽动颠覆国家政权的行为供认不讳。犯罪嫌疑人王玉文供述称2014年其被北京警方打处已具备出国寻求政治庇护的条件,先后联系居住在德国的廖亦武和居住在泰国的陆勇,一家六口人准备先到泰国旅游,到了泰国后再到德国或者美国。王玉文为了潜逃国外,在和王利芹商量后,于2020年1月在在北京市公安局通州分局办理了王利芹、王诗梵和本人的护照,准备回楚雄后为王念慈、王诗雅和王诗音办理护照。犯罪嫌疑人王玉文供述称这么多年来他的思想支配着他一直在推特、脸书上反复发表涉嫌违法犯罪的言论、文章、图片、评论等作品,就是想宣泄他的想法他的不满,他是身不由己。王玉文供述称不发表就感觉整天浑身不自在、不舒服,就像抽烟的人烟瘾犯了不得抽烟,吸毒的人毒瘾发作一样,觉得非常郁闷、非常烦躁,觉得人活着没有意义,发表了以后,感觉到浑身比较轻松、舒服。犯罪嫌疑人王玉文供述称这些年来与他买画的人大部分不大懂画,但是了解他和王利芹的遭遇,对她们的遭遇给予理解、同情和支持,对他和王利芹独立、自由、抗争的精神表示钦佩,通过和她们买画给予支持,通过卖画给该部分人获得10多万元的资金。犯罪嫌疑人王利芹用自己的手机为王玉文储存涉嫌造谣、诽谤、攻击、诋毁、抹黑我国党和政府的诗歌、文章、评论、照片、视频等作品,并共享。

犯罪嫌疑人王玉文、王利芹共同实施煽动颠覆国家政权犯罪活动,犯罪嫌疑人王玉文是本案的主犯,犯罪嫌疑人王利芹是本案的从犯。

认定上述事实的证据如下:民警抓获经过,嫌疑人的供述和辩解、"悔过书"、"供词、悔罪及思想检讨书"和"再次悔过及思想反省书",认罪法现身说法视频,可证实作案的连续性、一贯性和真实性;电子数据网络在线提取工作记录,可证实作案的手段,经过和一贯性、连续性;现场勘验笔录,可证实作案的手段;犯罪嫌疑人王玉文接受采访的语音,音频鉴定,可证实作案的方式和真实性;犯罪嫌疑人王玉文对接受采访、转推、发表获奖感言、发表诗歌等内容截图的认可,可证实作案的方式、经过和真实性、一贯性、连续性;证人证言,可证实作案的一贯性、连续性;王玉文的前科材料,可证实其犯罪经历;王玉文的保证书,可证实其作案的一贯性、连续性;犯罪嫌疑人王玉文、王利芹对犯罪事实供认不讳,可与其他证据材料相互印证,可证实二人涉嫌共同犯罪;犯罪嫌疑人王利芹的精神病司法鉴定,可证实其作案的真实性,其应承担法律责任。

上述犯罪事实清楚,证据确实、充分,足以认定。

犯罪嫌疑人王玉文2014年10月2日因声援支持香港"占中"活动被北京市公安局通州分局以涉嫌寻衅滋事罪刑事拘留,同年11月6日被依法逮捕,2015年7月9日北京市通州区检察院不予起诉后被释放。

犯罪嫌疑人王利芹经查无前科。

综上所述,犯罪嫌疑人王玉文为了追求美国式的民主,为了表达、向往、追求美国式的政治制度,为了反映其政治立场,表达其对中华人民共和国、中国共产党和我国现行社会制度、经济制度的不满,多年以来通过创作诗歌、绘画、图片、评论等作品和接受境外自由亚洲电台等媒体广播的采访,在推特、脸书等社交平台上发表文字等形式,利用多种方式造谣、诽谤、侮辱、诋毁、抹黑、攻击中国共产党、中国现行社会制度、经济制度和国家领导人,犯罪嫌疑人王利芹参与整理、制作、储存部分王玉文的作品,其二人的行为触犯了《中华人民共和国刑法》第一百零五条第二款之规定,涉嫌煽动颠覆国家政权罪,依法应该追究刑事责任。依照《中华人民共和国刑事诉讼法》第一百六十二条之规定,拟将此案移送检察机关审查起诉。

此致

楚雄州人民检察院

二〇二〇年九月二日

楚雄州公安局

 

Translation: Wang Yuwen & Wang Liqin Inciting Subversion Court Judgment

Intermediate People's Court, Chuxiong Yi Autonomous Prefecture, Yunnan


Criminal Judgment


(2020) Yun 23 Criminal First Instance No. 48


The public prosecution agency was the People's Procuratorate of Chuxiong Yi Autonomous Prefecture.

Defendant Wang Yuwen, male, born [Intentionally Omitted], 1985, Han ethnicity, from Dayao County, Yunnan, junior college education, residing at Room 602, Unit 1, Building 1, Jiang'an Shangpin District, Donggua Town, Weichu Avenue, Chuxiong. On May 31, 2020, he was taken into criminal detention by the Public Security Bureau of Chuxiong Prefecture in connection with this case, and on July 3 of the same year he was arrested. He is currently being held in detention at the Chuxiong Detention Center.

Defense counsel Zhang Lei is a lawyer at the Beijing Tongling Zhengxin Law Firm.

Defendant Wang Liqin, female, born [Intentionally Omitted], 1984, Han ethnicity, from Gounan County, Jiangsu, high school education, residing at Room 602, Unit 1, Building 1, Jiang'an Shangpin District, Donggua Town, Weichu Avenue, Chuxiong. On June 17, 2020 she was taken into criminal detention by the Public Security Bureau of Chuxiong Prefecture, and on July 7 of the same year she was arrested. She is currently being held in detention at the Chuxiong Detention Center.

Defense counsel Zhang Tingyuan is a lawyer at the Chongqing Junrong Law Firm.

In the Chuzhou Procuratorate Second Division Criminal Indictment (2020) No. 11, the People's Procuratorate of Chuxiong Yi Autonomous Prefecture charged defendant Wang Yuwen and Wang Liqin committed the crime of inciting subversion of state power, and it filed a public prosecution with this Court on December 15, 2020. This Court formed a collegial panel in accordance with the law, and because this case implicated state secrets, on December 15, 2021 it tried this case in closed court. The People's Procuratorate of Chuxiong assigned Procurators Ma Xiaodou and Zhang Shaohong to appear in court in support of the public prosecution, and defendant Wang Yuwen and his defense counsel Zhang Lei and defendant Wang Liqin and her defense counsel Zhang Tingyuan appeared in court to participate in the proceedings. Following discussions and the decisions of this Court's adjudicative committee, the trial has now concluded.

The public prosecution agency charged that from 2016 to January 2020, defendant Wang Yuwen used manufacturing rumors and defamation to incite subversion of state power and overthrow the socialist order, made statements under the name "Wang Zang" on foreign websites and the Independent Chinese Writers PEN website that attacked the Party and the government, distributed articles that smeared the State regime socialist system, and on several occasions gave interviews to foreign media and distributed and reposted poems, articles, and images on foreign websites that attacked the Party and the government, and smeared the State regime and socialist system. Defendant Wang Liqin participated and helped Wang Yuwen organize some of the articles and materials that incited subversion of state power and the overthrow the socialist order, and took photos. The evidence determining the aforementioned facts has been proven by physical and documentary evidence, forensic opinions, crime scene investigations, investigation records, audio-visual materials, electronic data, and the defendants' statements and justifications.

The public prosecution agency alleged that defendants Wang Yuwen and Wang Liqin used manufacturing rumors and defamation to incite subversion of state power and overthrow the socialist order, and that the acts of these two individuals were the commission of an offense under the provisions of Articles 105, 25, 26, and 27 of the "Criminal Law of the People's Republic of China," that criminal facts are clear, the evidence is reliable and copious, and they should bear criminal liability for committing the crime of inciting subversion of state power. The two were joint offenders, with Wang Yuwen playing the primary role in the commission of the crime, and he was the principal offender. The public prosecution agency submitted a sentencing recommendation that Wang Yuwen be sentenced to a fixed term imprisonment of four years and deprivation of political rights, and that Wang Liqin be sentenced to a fixed term imprisonment of two years and deprivation of political rights.

Defendant Wang Yuwen argued that his speech was merely extreme, and it did not constitute the commission of a crime. His defense counsel proffered the defense opinion that Wang Yuwen's distribution of articles and poems on foreign websites and giving interviews to foreign broadcasters did not constitute the commission of the crime of inciting subversion of state power.

Defendant Wang Liqin argued that her speech was merely extreme, and it did not constitute the commission of a crime. Her defense counsel proffered these defense opinions:

1. Wang Liqin did not participate in Wang Yuwen's creation, use ,and release of the articles and materials involved in the case, and only provided general labor services.

2. In this case there were no case opening materials with respect to Wang Liqin. Therefore, the investigation activities in this case violated procedures, and the materials thus obtained should be excluded as illegal evidence.

3. The Seizure Decision stated that the public security agency only seized Wang Liqin's gold Apple mobile phone. However, the electronic data inspection records showed that Wang Liqin also holds a white Apple mobile phone, the source of which is unknown, and the electronic data inspection records cannot be used as the basis for concluding the case.

Wang Liqin's actions should not bear criminal liability, and if Wang Liqin is found to have committed a crime, she requests to be exempted from criminal punishment.

It was ascertained at trial that from 2016 to January 2020, defendant Wang Yuwen did, in an attempt to   incite subversion of state power and overthrow the socialist order, on many occasions distribute, repost, and disseminate articles, poems, and images under the name "Wang Zang" on foreign media including foreign broadcasters and the Independent Chinese Writers PEN website that attacked the State regime and socialist system and denigrated the Party and the government, and gave interviews to foreign media and made statements that smeared and denigrated the Party and the State. Wang Yuwen was also elected as the president of the Independent Chinese Writers PEN in June 2018. Under the instruction and guidance of Wang Yuwen, defendant Wang Liqin participated and helped Wang Yuwen organize and photograph some of the articles, poems, pictures, and photos inciting subversion of state power and the overthrow the socialist order.

The aforementioned facts were determined by the following evidence:
1. The case registration form, petition to open a case report, Decision to Open a Case, apprehension process, case clue origins and case resolution circumstances confirmed that on July 7, 2019, the Public Security Bureau of Chuxiong received a notification from its superiors that Wang Yuwen was suspected of posting harmful information attacking the Party and the government on a foreign website. It subsequently opened a case investigation and obtained evidence of defendants Wang Yuwen and Wang Liqin committing crimes. The public security civil police apprehended Wang Yuwen and Wang Liqin on May 30 and June 17, 2020, respectively.
2. The proof of household registration from the Kaifa District police precinct of the Public Security Bureau of Chuxiong and the household registration summary and proof of household registration of the Sankou police precinct of the Guannan Public Security Bureau in Jiangsu confirmed identities of defendants Wang Yuwen and Wang Liqin and that Wang Liqin had no criminal record of illegal crimes in her place of household registration.

3. The call list provided by Chuxiong Branch of China Mobile Communications Group Yunnan Co., Ltd., confirmed that on June 17, 2020  the mobile phone number used by Wang Liqin and seized by the public security agency in accordance with the law was used to call the number displayed as Washington, District of Columbia, USA.

4. The Judicial Forensic Institute of the Second People's Hospital in Chuxiong Prefecture's Chu Second Department Judicial Forensic Institute (2020) Forensic Determination No. 028 Judicial Forensic Opinion and Forensic Opinion Notice confirmed that based on a forensic diagnosis, defendant Wang Liqin had full criminal capacity in this case. The public security agency has already notified defendant Wang Liqin of the forensic opinion.

5. Search records, search site orientation diagrams, search photos, and search lists confirmed that on May 30, 2020 public security civil police conduct a search at the residence of Wang Yuwen and Wang Liqin at Chuxiong Room 602, Unit 1, Building 1, Jiang'an Shangpin District, Donggua Town, Weichu Avenue, Chuxiong and seized 1 power bank, 1 CD, 2 SIM unlock cards, 3 SIM cards, 1 portable computer, 1 wallet, 1 purse, 1 "Lenovo" mobile phone, 1 "Laolefu" player , a rose gold iPhone 6S Plus, iPhone X with white back, an iPhone X with rose gold back, an iPhone 6A1586 with gold back, a white Samsung G9280, and a "Lenovo" mobile phone.

6. Identification records and photos confirmed that based on defendant Wang Yuwen's identification of 10 different mobile phones, he identified that the No. 2 and No. 5 Apple mobile phones were used by himself. Among them, the Apple 6S Plus mobile phone marked No. 2 was the mobile phone he used to accept foreign radio interviews, forward tweets, and publish poems.

7. Electronic data investigation records, crime scene investigation inspection photos, and remote crime scene investigation work records, confirmed that the public security agency collected relevant electronic data from the multiple mobile phones possessed by defendants Wang Yuwen and Wang Liqin, as well as on websites and other communications, businesses, and emails.

8. The Ministry of Public Security's Physical Evidence Forensic Center's Forensic Matter Affirmation, Public Physical Evidence Forensic (2020) No. 1183 Forensic Report, and Forensic Opinion Notification confirmed that based on forensics, the speaker in the sample audio file submitted for inspection was Wang Yuwen. The public security agency has notified defendant Wang Yuwen of the forensic opinion.

9. Defendants Wang Yuwen and Wang Liqin's identification of screen shots confirmed that the collected social media accounts and pages were those used by Wang Yuwen, that Wang Yuwen had given interviews to foreign broadcasters, and that the Independent Chinese PEN Center 2016 Award acceptance speech article was written by him.

10. Defendant Wang Yuwen's statement: I climbed the wall to the foreign Internet to browse information, and register on social media platforms. I now use two mobile phones and have two WeChat accounts. I gave interviews to foreign media many times under the name of the poet "Wang Zang." I posted photos on foreign social media that were taken by Wang Liqin at my behest using my phone. I am dissatisfied with the current social system in China. The acceptance speech of the Independent Chinese PEN Center was stored for me by Wang Li on the phone she was using. I published poems on my personal page under the name of "Wang," and Wang Liqin used her mobile phone to save them for me with goal of sharing these poems. She knew that I wrote articles and poems to be distributed on foreign media. The poems and drawings I published reflected my political stance and expressed my dissatisfaction with the Party and the State.

In addition, a letter of guarantee, a letter of repentance, a letter of remorse, and a letter of further repentance and reflection written by the other defendant Wang Yuwen confirmed that from July 2019 to August 2020, Wang Yuwen personally wrote a letter of guarantee and letters of repentance expressing his voluntary repentance and guaranteeing that he would abide by the law.

11. Defendant Wang Liqin's statements: I use two mobile phones and two WeChat accounts, my WeChat name is "Wang Li." In January, 2020, during Covid-19, because Wang Yuwen repeatedly posted negative news about the epidemic on foreign websites, the police went to Wang Yuwen's house and Wang Yuwen refused to open the door. Wang Yuwen asked me to take a video of the whole process with my mobile phone, and I posted this video in my WeChat circle of friends. The background photo of Wang Yuwen supporting Hong Kong's Occupy Central on the foreign website was taken by me for him. I share an ID with Wang Yuwen, which stores the materials I help Wang Yuwen organize. Everything that is in his phone is in my phone

The aforementioned evidence has been presented and examined in court, and its provenance was legal, the content was objectively factual and able to be mutually corroborated. It is affirmed by this Court and is sufficient to reach a determination.

This Court finds that over a long period of time and on many occasions defendant Wang Yuwen gave interviews to foreign media, and distributed, reposted, and disseminated articles, poems, images, photos, and statements on foreign websites and media that attacked the State regime and socialist system, and smeared and defamed the State regime. At the instigation and arrangement of Wang Yuwen, defendant Wang Liqin participated and assisted Wang Yuwen in organizing some of articles and images and taking some relevant photographs with the intent to incite subversion of state power. The actions of these two individuals constitutes the commission of the crime of inciting subversion of state power, and the criminal facts and offenses charged by public prosecution agency are established.

In the commission of this joint crime Wang Yuwen played the primary role and is the principal offender. Wang Liqin played a secondary role and is an accessory, and should be given a lighter punishment.

Wang Yuwen and Wang Liqin proffered the justification that their speech was merely extreme, and it did not constitute the commission of a crime. Wang Yuwen's defense counsel proffered the defense opinion that Wang Yuwen's distributing articles, poems on foreign networks and giving interviews to foreign broadcasters did not constitute the commission of the crime of inciting subversion of state power. Wang Liqin's defense counsel proffered the defense opinion that Wang Liqin only provided general labor services, and did not participate in Wang Yuwen's creation, use ,and release of the articles and materials involved in the case. These do not comport with the facts ascertained at trial, and are not accepted by this Court.

Defendant Wang Liqin's defense counsel proffered the defense opinion that there were no case opening materials in Wang Liqin's case, and therefore the investigation activities in this case violated procedures, and any materials obtain from that is illegal evidence that should be excluded. Based on an investigation, during its investigation the public security agency discovered defendant Wang Liqin was suspected of being a criminal accessory, and combined this case with an ongoing investigation, and this complied with the provisions of Article 21(2)(ii) and (iv) of the "Public Security Agency Procedures for Handling Criminal Cases." This defense opinion cannot be established.

Defendant Wang Liqin's defense counsel proffered the defense opinion that Seize Decision stated that the public security agency only seized one of Wang Liqin's gold Apple mobile phones, but the electronic data inspection records showed that Wang Liqin also had a white Apple mobile phone, and the origin of that mobile phone is not clear, and the electronic data inspection records cannot be used as a basis for a case determination. Based on an investigation, that mobile phone was taken into custody by the public security agency at the second defendant's residence, and after examining the electronic data on the mobile phone, it was found that the device's name was "Wang Liqin iphone," and in it was a record of the second defendant's usage. The electronic data inspection is an objective record of crime scene investigation inspection results. This defense opinion cannot be established.

In accordance with Wang Yuwen's and Wang Liqin's criminal facts and sentencing circumstances, this Court adopts a portion of the sentencing recommendations proffered by the public prosecution agency for the second defendant, and does not accept the defense opinion of innocence or immunity from criminal punishment proffered by the defense counsel for the second defendant.

On this basis, and in accordance with the provisions of Articles 105(2), 55, 56(1), 25(1), 26(1) and (4), 27, and 64 of the "Criminal Law of the People's Republic of China," the judgment is as follows:

1. Defendant Wang Yuwen committed the crime of inciting subversion of state power and is sentenced to a fixed term imprisonment of four years and two years deprivation of political rights. (The prison term is to be calculated starting on the day the judgment is executed, with one day of the sentence to be offset for each day being held in custody prior to the execution of this judgment, that is from May 31, 2020 to May 30, 2024.)

2. Defendant Wang Liqin committed the crime of inciting subversion of state power and is sentenced to a fixed term imprisonment of two years and six months, and one year deprivation of political rights. (The prison term is to be calculated starting on the day the judgment is executed, with one day of the sentence to be offset for each day being held in custody prior to the execution of this judgment, that is from June 17, 2020 to December 16, 2022.)

3. The 4 mobile phones transferred along with the case as the criminal tools are confiscated.

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 Yunnan. A written appeal should be submitted with one original and two copies of the appeal brief.

November 7, 2022

Chief Adjudicator Huang Nuxiong
Adjudicator Du Mei
Adjudicator Xu Xuelin

Judge's Assistant Chen Yunjiang
Clerk Wang Yanhong

云南省楚雄彝族自治州中级人民法院

刑事判决书

(2020)云23刑初48号


公诉机关楚雄彝族自治州人民检察院。

被告人王玉文,男,1985年8月12日出生,汉族,云南省大姚县人,大专文化,住楚雄市东瓜镇威楚大道江岸尚品小区1幢1单元602室。因本案于2020年5月31日被楚雄州公安局刑事拘留,同年7月3日被逮捕。现羁押于楚雄市看守所。

辩护人张磊,北京市同翎正函律师事务所律师。

被告人王利芹,女,1984年8月4日出生,汉族,江苏省灌南县人,高中文化,住楚雄市东瓜镇威楚大道江岸尚品小区1幢1单元602室。因本案于2020年6月17日被楚雄州公安局刑事拘留,同年7月24日被逮捕。现羁押于楚雄州看守所。

辩护人张庭源,重庆君融律师事务所律师。

楚雄彝族自治州人民检察院以楚州检二部刑诉[2020]11号起诉书指控被告人王玉文、王利芹犯煽动颠覆国家政权罪一案,于2020年12月15日向本院提起公诉。本院依法组成合议庭,因本案涉及国家秘密,于2021年12月15日不公开开庭审理了本案。楚雄州人民检察院指派检察员马晓斗、张绍宏出庭支持公诉,被告人王玉文及其辩护人张磊、被告人王利芹及其辩护人张庭源到庭参加诉讼。经本院审判委员会讨论决定,现已审理终结。

公诉机关指控,2016年至2020年1月,被告人王玉文以造谣、诽谤的方式煽动颠覆国家政权,推翻社会主义制度,在境外网站、独立中文作家笔会网站以“王藏”的名义发表散布攻击党和政府的言论,发表污蔑国家政权和社会主义制度的文章,并多次接受境外媒体采访,在境外网站发表和转载诗歌、文章、图片等攻击党和政府,污蔑国家政权和社会主义制度;被告人王利芹参与和帮助王玉文整理了部分煽动颠覆国家政权,推翻社会主义制度的文章、材料,拍摄了照片。认定上述事实的证据有物证、书证、鉴定意见、勘验、检查笔录、视听资料、电子数据、被告人供述和辩解等证据证明。

公诉机关认为,被告人王玉文、王利芹以造谣、诽谤的方式煽动颠覆国家政权,推翻社会主义制度,二人行为触犯了《中华人民共和国刑法》第一百零五条、第二十五条、第二十六条、第二十七条之规定,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刑事责任;二人属共同犯罪,王玉文在犯罪中起主要作用,系主犯;王利芹在犯罪中起次要作用,系从犯。公诉机关还提出对王玉文判处有期徒刑四年,剥夺政治权利;对王利芹判处有期徒刑二年,剥夺政治权利的量刑建议。

被告人王玉文辩称其只是言语偏激,不构成犯罪。其辩护人提出:王玉文在外网上发表文章,诗歌,接受境外电台采访,不构成煽动颠覆国家政权罪的辩护意见。

被告人王利芹辩称其只是言语偏激,不构成犯罪。其辩护人提出:

1.王利芹没有参与王玉文的创作、使用和发布涉案文章、材料的行为,仅提供了一般性劳务工作。

2.本案没有王利芹的立案材料,故该案的侦查活动违反程序,由此获得的材料应作为非法证据予以排除。

3.扣押决定书中載明公安机关仅扣押了王利芹一部金色苹果手机,但电子数据检查记录显示王利芹还持有一部白色苹果手机,该手机来源不明,电子数据检查记录不能作为定案依据。王利芹的行为不应被追究刑事责任,并提出若认定王利芹构成犯罪,请求对其免予刑事处罚的辩护意见。

经审理查明,2016年至2020年1月,被告人王玉文在境外电台、独立中文作家笔会等境外媒体、网站以“王藏”的名义持续多次发表、转载、散布攻击国家政权和社会主义制度、诋毁党和政府的文章、诗歌、图片,接受境外媒体的采访,发表污蔑、诋毁党和国家的言论,企图煽动颠覆国家政权,推翻社会主义制度。王玉文还于2018年6月被选举为独立中文作家笔会会长。被告人王利芹在王玉文的授意、安排下,参与和帮助王玉文整理、拍摄了部分煽动颠覆国家政权,推翻社会主义制度的文章、诗歌、图片、照片、认定上述事实有下列证据:

1.受案登记表、呈请立案报告书、立案决定书、抓获经过、案件线索来源及侦破情况,证实2019年7月7日,楚雄市公安局接上级通报,王玉文涉嫌在境外网站上发布攻击党和政府的有害信息,后经立案侦查,获得被告人王玉文、王利芹的犯罪证据。2020年5月30日、6月17日,公安民警分别抓获王玉文、王利芹。

2.楚雄市公安局开发区派出所户口证明、江苏省灌南县公安局三口派出所户口摘抄及证明,证实被告人王玉文、王利芹的身份情况及王利芹在户口所在地没有违法犯罪记录。

3.中国移动通信集团云南有限公司楚雄市分公司提供的通话清单,证实公安机关于2020年6月17日依法扣押王利芹使用的苹果手机电话号码与归属地显示为美国哥伦比亚特区华盛顿的号码通话。

4.云南省楚雄州第二人民医院司法鉴定所楚二院司鉴所(2020)精鉴字第028号司法鉴定意见及鉴定意见通知书,证实经鉴定诊断,被告人王利芹在本案中具有完全刑事责任能力。公安机关已经将鉴定意见通知被告人王利芹。

5.搜查笔录、搜查现场方位示意图、搜查照片、扣押清单,证实2020年5月30日公安民警对王玉文、王利芹居住的楚雄市东瓜镇威楚大道江岸尚品小区1幢1单元602室进行搜查,扣押了充电宝1个、光盘1张、黑解卡2张、SIM卡3张、便携式电脑1部、钱夹1个、腰包1个、“联想”手机1部、“老乐福”播放器1部、玫瑰金苹果6Splus、背面为白色的苹果X、背面为玫瑰金的苹果X、背面为金色的苹果6A1586、白色三星G9280、“联想”手机各1部。

6.辨认笔录及照片,证实经被告人王玉文对10部不同手机进行辨认,辨认出2号和5号苹果手机是其本人使用,其中标号为2号的苹果6SPlus手机是其接受境外电台采访、转发推文和发表诗歌的手机。

7.电子数据检查笔录、勘验检查照片、远程勘验工作记录,证实公安机关对被告人王玉文、王利芹持有的多部手机和网站上以及其他通讯、商务、电子邮箱等提取相关电子数据。

8.公安部物证鉴定中心鉴定事项确认书、公物证鉴[2020]1183号鉴定书及鉴定意见通知书,证实经鉴定,送检的音频文件中说话人是送检样本中的王玉文。公安机关已经鉴定意见通知被告人王玉文。

9.被告人王玉文、王利芹对网页截图的辨认,证实提取的社交平台账号、主页系王玉文所用,王玉文曾多次接受境外电台采访,独立中文笔会2016年度获奖感言的文章是其撰写。

10.被告人王玉文供述:我翻墙到境外网络进行信息浏览,登陆社交平台。我现在使用两部手机,有两个微信,我以诗人“王藏”的名义多次接受境外媒体电话采访,在境外社交媒体上发由王利芹受我的指使使用我的手机拍摄形成的照片,我对中国现在的社会制度心存不满。独立中文笔会获奖感言是王利芹用自己使用的手机为我储存,我以“王”的名义在个人主页上发表了诗歌,由王利芹用手机为我储存,目的是为了共享该诗歌。她知道我撰写文章、诗歌是用来在境外媒体上发表的。我发表的诗歌、图画都反映了我的政治立场,表达我对党和国家的不满。

另被告人王玉文书写的保证书、悔过书、悔罪思想检讨书、再次悔过及思想反省书,证实王玉文分别于2019年7月至2020年8月间多次亲笔书写保证书及悔过书,表示自愿悔罪,保证自己会遵纪守法。

11.被告人王利芹供述:我使用着两部手机、两个微信账号,微信名“王丽”。2020年1月,新冠病毒期间,因王玉文多次在境外网站发布涉及疫情的负面消息,民警到王玉文家被王玉文拒绝开门,王玉文让我用手机拍摄了整个过程,我将这个视频发在了自己的微信朋友圈内,王玉文在境外网站上支持香港占中的背景的照片是我帮他拍摄的。我和王玉文共用一个ID,里面存储着我帮王玉文整理的材料,他手机里有的东西我的手机里都有。

上述证据经当庭举证、质证,来源合法,内容客观真实,能相互印证,本院均予以确认,足以认定。

本院认为,被告人王玉文长期持续多次接受境外媒体采访,在境外网站、媒体上发表、转载、散布攻击国家政权和社会主义制度的文章、诗歌、图片、照片、言论,污蔑、诽谤国家政权;被告人王利芹在王玉文授意、安排下,参与、帮助王玉文整理部分企图煽动颠覆国家政权的文章、图片,拍摄相关照片,二人行为均已构成煽动颠覆国家政权罪,公诉机关指控的犯罪事实和罪名成立。在共同犯罪中,王玉文起主要作用,系主犯;王利芹起次要作用,系从犯,应当从轻处罚。王玉文、王利芹提出其只是言语偏激,不构成犯罪的辩解;王玉文的辩护人提出王玉文在外网上发表文章、诗歌,接受境外电台采访,不构成煽动颠覆国家政权罪的辩护意见;王利芹的辩护人提出王利芹仅提供了一般性劳务工作,没有参与王玉文创作、使用和发布涉案文章、材料行为的辩护意见,与审理查明的事实不符,本院不予采纳。被告人王利芹的辩护人提出本案没有王利芹的立案材料,故该案的侦查活动违反程序,由此获得的材料应作为非法证据予以排除的辩护意见。经查,公安机关侦查中发现被告人王利芹涉嫌共同犯罪,将案件并案侦查,符合《公安机关办理刑事案件程序规定》第二十一条第二款(二)(四)项的规定,该辩护意见不能成立。被告人王利芹的辩护人提出扣押决定书中载明公安机关仅扣押了王利芹一部金色苹果手机,但电子数据检查记录显示王利芹还持有一部白色苹果手机,手机来源不明,电子数据检查记录不能作为定案依据的辩护意见,经查,该手机系公安机关在二被告人住所现场查获,在对手机进行电子数据检查后发现设备名称为“王利芹iphone”,且其中有二被告人使用的记录,电子数据检查是对勘验检查结果的客观记录,该辩护意见不能成立。根据王玉文、王利芹的犯罪事实和量刑情节,本院部分采纳公诉机关对二被告人提出的量刑建议,对辩护人提出二被告人无罪或免予刑事处罚的辩护意见不予采纳。据此,依照《中华人民共和国刑法》第一百零五条第二款、第五十五条第一款、第五十六条第一款、第二十五条第一款、第二十六条第一、四款、第二十七条、第六十四条之规定,判决如下:

一、被告人王玉文犯煽动颠覆国家政权罪,判处有期徒刑四年,剥夺政治权利二年。(刑期从判决执行之日起计算,判决执行以前先行羁押的,羁押一日折抵刑期一日,即自2020年5月31日起至2024年5月30日止。)

二、被告人王利芹犯煽动颠覆国家政权罪,判处有期徒刑二年六个月,剥夺政治权利一年。(刑期从判决执行之日起计算,判决执行以前先行羁押的,羁押一日折抵刑期一日,即自2020年6月17日起至2022年12月16日止。)

三、随案移送的作案工具4部手机予以没收。

如不服本判决,可在接到判决书的第二日起十日内,通过本院或者直接向云南省高级人民法院提出上诉。书面上诉的应当提交上诉状正本一份,副本二份.

二零二二年十一月七日

审判长 黄怒雄
审判员 杜梅
审判员 徐学林

法官助理 陈云江
书记员 王燕红

 

Translation: Huang Xuqin and Wang Jianbing Inciting Subversion Indictment

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