Human rights lawyer detained for three years without trial

Photo: Qin Yongpei’s wife received a notice of detention and a trial extension from the Nanning Public Security Bureau (Deng Xiayun’s Twitter)

(Nanning, Guangxi province—November 29, 2022) The period of trial of Guangxi human rights lawyer Qin Yongpei’s case on the “inciting subversion of state power” has been extended several times. Qin Yongpei has been detained for more than three years without a court hearing or being released on bail. 

On October 4, the Nanning Intermediate People’s Court of Guangxi extended the period of trial again in Qin Yongpei’s case. According to Chinese law, “If there are special circumstances that require an extension, with the approval of the Supreme People’s Court, an extension of two months can be permitted.” In another situation, an extension of three months can be permitted. The case of Qin Yongpei was granted a three-month extension of the period of trial under the Supreme People’s Court’s Extension for No. 339’s period of trial. 

“It’s been three whole years! This case is still repeatedly postponed in the name of the country, in the name of the regime, in the name of politics, but in reality, it is a case for the officials’ self-serving ends and a form of retaliation and framing!” Qin Yongpei’s wife, Deng Xiaoyun said. 

Qin Yongpei was subjected to enforced disappearance and torture in retaliation for exposing officials’ fraudulent practices and fighting for justice for those who are marginalized. 

A few years ago, a domestic violence dispute occurred in Guangxi. Hu Kai, a policeman from the Qixing Public Security Bureau who was in charge of handling the case, was accused of favoring one side of the party involved. The wife of the accused reported the case, but the police refused to accept it. Not only did Chou Zuhe, director of the Public Security Bureau in Guilin City, Guangxi, not punish Hu Kai, but he was also even promoted to the head of the security bureau’s other branch. Qin Yongpei decided to report the two officers after familiarizing himself with the case and uploaded the relevant materials to the Internet. Not long after, the police asked him to delete the materials and even threatened to arrest him.

“Qin Yongpei’s comments and the act of reporting are active responses to General Secretary Xi’s anti-corruption campaign; to maintain the credibility of the government, but was retaliated with fabricated charges. The relevant correction and monitoring mechanism is null and void! *The Mountains Are High and the Emperor Is Far Away, who can I reason with?” Deng Xiaoyun said. 

Editor’s note: *Alludes to the lack of constraints on the local officials’ corruption because the central authorities are metaphorically far away from the rest of the people.  

Deng Xiaoyun continued, “General Secretary Xi said that anything that concerns the people is not a trivial matter! If someone is in a position of power, one should fulfill one’s duties; therefore, the behavior of the corrupted officials is what truly undermines the government’s credibility and is an attempt to subvert the state’s power. Qin Yongpei’s remarks and acts of reporting are all active responses to General Secretary Xi’s anti-corruption campaign.” 

In October 2019, Qin Yongpei was taken away by Nanning City’s police and was formally arrested two months later on suspicion of inciting subversion of state power. The court indictment document stated that since 2014, Qin Yongpei has published many remarks on Chinese social media Weibo and Twitter, and accepted interviews with foreign media, maliciously slandering national leaders, attacking the state power and the socialist system, distorting facts, and defaming the judiciary organs for judicial corruption and case officers for violating the law, and smearing the current judicial system. 

The indictment letter also says: “The China Post-Lawyers Club, which was established after Qin Yongpei’s license was revoked, is an illegal organization and an outright challenge to the Chinese judiciary’s public authority.”

The “China Post-Lawyers Club” was founded in late September 2019 in Nanning City with a membership of about 30 legal professionals to provide legal counsel to major corporations as well as legal assistance to Chinese citizens and was established to continue the cause of repressed legal professionals.

Qin Yongpei was arrested by the Nanning Public Security Bureau, Guangxi, in October 2019 on the charge of inciting subversion of state power. Deng Xiaoyun expressed, “How could such a good person be charged with such a crime? I feel extremely puzzled.”

Qin Yongpei applied for release on bail pending further investigation but did not receive any notice from the judiciary department. The law clearly stipulates that “a written response shall be given within three days.”

Qin Yongpei and Hunan lawyer Xie Yang both were honored with the “China Human Rights Lawyers Award” jointly sponsored and presented by ChinaAid and Humanitarian China this year.

The UN recently released a letter sent to the Chinese government in February of this year, which also followed up on a number of cases of persecution of human rights defenders mentioned in last April’s letter, including Gao Zhisheng, Li Qiaochu, Xu Zhiyong, Ding Jiaxi, Chang Weiping, and Qin Yongpei.

The letter was sent to the Chinese government in December 2020, published by UN special procedures, concerning “the detention, arrest, and charging of human rights defender and lawyer Qin Yongpei and the alleged arbitrary detention and enforced disappearance of human rights defender and lawyer Chang Weiping in residential surveillance at a designated location.” The full text of the letter in English can be found here

The Chinese authorities’ abuse of this vaguely defined charge to arbitrarily arrest human rights lawyers and defenders such as Qin Yongpei is a clear indication of the Chinese authorities’ distorted judicial system.

The Chinese government should immediately release human rights defenders and lawyers who have been arbitrarily detained for their human rights work and allow them to reunite with their families during the Christmas and New Year festivities.

~ Gao Zhensai, Special Correspondent of ChinaAid Association

 
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Human rights lawyer detained for three years without trial

Photo: Qin Yongpei’s wife received a notice of detention and a trial extension from the Nanning Public Security Bureau (Deng Xiayun’s Twitter)

(Nanning, Guangxi province—November 29, 2022) The period of trial of Guangxi human rights lawyer Qin Yongpei’s case on the “inciting subversion of state power” has been extended several times. Qin Yongpei has been detained for more than three years without a court hearing or being released on bail. 

On October 4, the Nanning Intermediate People’s Court of Guangxi extended the period of trial again in Qin Yongpei’s case. According to Chinese law, “If there are special circumstances that require an extension, with the approval of the Supreme People’s Court, an extension of two months can be permitted.” In another situation, an extension of three months can be permitted. The case of Qin Yongpei was granted a three-month extension of the period of trial under the Supreme People’s Court’s Extension for No. 339’s period of trial. 

“It’s been three whole years! This case is still repeatedly postponed in the name of the country, in the name of the regime, in the name of politics, but in reality, it is a case for the officials’ self-serving ends and a form of retaliation and framing!” Qin Yongpei’s wife, Deng Xiaoyun said. 

Qin Yongpei was subjected to enforced disappearance and torture in retaliation for exposing officials’ fraudulent practices and fighting for justice for those who are marginalized. 

A few years ago, a domestic violence dispute occurred in Guangxi. Hu Kai, a policeman from the Qixing Public Security Bureau who was in charge of handling the case, was accused of favoring one side of the party involved. The wife of the accused reported the case, but the police refused to accept it. Not only did Chou Zuhe, director of the Public Security Bureau in Guilin City, Guangxi, not punish Hu Kai, but he was also even promoted to the head of the security bureau’s other branch. Qin Yongpei decided to report the two officers after familiarizing himself with the case and uploaded the relevant materials to the Internet. Not long after, the police asked him to delete the materials and even threatened to arrest him.

“Qin Yongpei’s comments and the act of reporting are active responses to General Secretary Xi’s anti-corruption campaign; to maintain the credibility of the government, but was retaliated with fabricated charges. The relevant correction and monitoring mechanism is null and void! *The Mountains Are High and the Emperor Is Far Away, who can I reason with?” Deng Xiaoyun said. 

Editor’s note: *Alludes to the lack of constraints on the local officials’ corruption because the central authorities are metaphorically far away from the rest of the people.  

Deng Xiaoyun continued, “General Secretary Xi said that anything that concerns the people is not a trivial matter! If someone is in a position of power, one should fulfill one’s duties; therefore, the behavior of the corrupted officials is what truly undermines the government’s credibility and is an attempt to subvert the state’s power. Qin Yongpei’s remarks and acts of reporting are all active responses to General Secretary Xi’s anti-corruption campaign.” 

In October 2019, Qin Yongpei was taken away by Nanning City’s police and was formally arrested two months later on suspicion of inciting subversion of state power. The court indictment document stated that since 2014, Qin Yongpei has published many remarks on Chinese social media Weibo and Twitter, and accepted interviews with foreign media, maliciously slandering national leaders, attacking the state power and the socialist system, distorting facts, and defaming the judiciary organs for judicial corruption and case officers for violating the law, and smearing the current judicial system. 

The indictment letter also says: “The China Post-Lawyers Club, which was established after Qin Yongpei’s license was revoked, is an illegal organization and an outright challenge to the Chinese judiciary’s public authority.”

The “China Post-Lawyers Club” was founded in late September 2019 in Nanning City with a membership of about 30 legal professionals to provide legal counsel to major corporations as well as legal assistance to Chinese citizens and was established to continue the cause of repressed legal professionals.

Qin Yongpei was arrested by the Nanning Public Security Bureau, Guangxi, in October 2019 on the charge of inciting subversion of state power. Deng Xiaoyun expressed, “How could such a good person be charged with such a crime? I feel extremely puzzled.”

Qin Yongpei applied for release on bail pending further investigation but did not receive any notice from the judiciary department. The law clearly stipulates that “a written response shall be given within three days.”

Qin Yongpei and Hunan lawyer Xie Yang both were honored with the “China Human Rights Lawyers Award” jointly sponsored and presented by ChinaAid and Humanitarian China this year.

The UN recently released a letter sent to the Chinese government in February of this year, which also followed up on a number of cases of persecution of human rights defenders mentioned in last April’s letter, including Gao Zhisheng, Li Qiaochu, Xu Zhiyong, Ding Jiaxi, Chang Weiping, and Qin Yongpei.

The letter was sent to the Chinese government in December 2020, published by UN special procedures, concerning “the detention, arrest, and charging of human rights defender and lawyer Qin Yongpei and the alleged arbitrary detention and enforced disappearance of human rights defender and lawyer Chang Weiping in residential surveillance at a designated location.” The full text of the letter in English can be found here

The Chinese authorities’ abuse of this vaguely defined charge to arbitrarily arrest human rights lawyers and defenders such as Qin Yongpei is a clear indication of the Chinese authorities’ distorted judicial system.

The Chinese government should immediately release human rights defenders and lawyers who have been arbitrarily detained for their human rights work and allow them to reunite with their families during the Christmas and New Year festivities.

~ Gao Zhensai, Special Correspondent of ChinaAid Association

 
News
Read more ChinaAid stories
Click Here
Write
Send encouraging letters to prisoners
Click Here
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Fight for religious freedom in China

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