(Chengdu, China – 11/18/2024) On November 14, 2024, the Chenghua District People’s Procuratorate in Chengdu formally prosecuted human rights lawyer Lu Siwei for allegedly “illegally crossing national border”, and submitted to the Chenghua District People’s Court.
Details of Lu’s Indictment
The indictment from the Chenghua District People’s Procuratorate states:
Lu Siwei was criminally detained by the Chenghua District Branch of the Chengdu Public Security Bureau on September 23, 2023, on suspicion of illegally crossing national border. On October 27, 2023, the coercive measure was changed to release on bail pending trial. On August 27, 2024, this court decided to release him on bail pending trial. On October 10, 2024, this court decided to have him formally arrested, and he is now detained at the Chengdu Detention Center.
According to the indictment, the case was investigated and concluded by the Chenghua District Branch of Chengdu Public Security Bureau, and transferred to the Chenghua District Procuratorate for review and prosecution on August 15, 2024. After accepting the case, the Procuratorate informed the defendant of his right to appoint a defense lawyer, interrogated the defendant in accordance with the law, heard the defense lawyer’s opinions, and reviewed all case materials.
The indictment states that the legal review found:
In early 2023, defendant Lu Siwei contacted overseas organizations and individuals, arranging for him to first leave the country by illegally crossing the border, after which overseas organizations and individuals would assist his travel to another country. Between July 2-10, Lu traveled from Chengdu, Sichuan Province, through Ningbo City in Zhejiang Province, Shanghai, and Kunming City in Yunnan Province, arriving at Hekou County, Yunnan Province. On July 11, Lu paid ￥20,000 RMB to individuals including Wang and Tong, who helped him cross the border from Hekou County into Vietnam. After meeting with overseas contacts who assisted him, Lu traveled from Vietnam to Laos through arrangements made by these overseas individuals. On July 28, Lu was apprehended by Laotian police while attempting to leave Laos for Thailand. On September 23, Laotian police transferred Lu to Chinese authorities.
These facts are supported by the following evidence:
Physical evidence, documentary evidence, witness testimonies, defendant’s statements and explanations, expert opinions, identification records, and pointing-out records, etc.
This court believes that defendant Lu Siwei violated the “Exit and Entry Administration Law of the People’s Republic of China” by illegally crossing the border, with serious circumstances. His actions violated Article 322 of the “Criminal Law of the People’s Republic of China”. The criminal facts are clear, and the evidence is reliable and sufficient. He should be held criminally responsible for illegal border crossing. According to Article 176 of the “Criminal Procedure Law of the People’s Republic of China”, this prosecution is filed requesting legal judgment.
Who is Lu Siwei?
Fearless Human Rights Lawyer
Lu Siwei is one of the few Chinese lawyers who dared to take on sensitive cases and defend rights activists, political dissidents, and human rights lawyers. He has defended human rights lawyers Chen Jiahong, Yu Wensheng, Qin Yongpei, and Wang Quanzhang, earning him the title “lawyer’s lawyer.” He was also the legal representative for 12 Hong Kong activists who were intercepted by Chinese authorities while attempting to flee to Taiwan by boat in August 2020.
In November 2022, Lu and 11 other lawyers, including Wang Shengsheng and Ren Quanniu, publicly offered to provide free legal consultation to those who were detained or went missing for expressing their views. To prevent his legal practice, authorities revoked his law license, prohibited him from practicing, deprived him of his livelihood, and subjected him and his family to surveillance and monitoring.
Crossing border to Laos to reunite with family
Lu Siwei’s wife and children moved to the United States in 2021, and Lu himself held a valid Chinese passport and U.S. visa. He had been invited to the U.S. as a visiting scholar but was stopped by customs officials at Shanghai airport. In order to reunite with his family, Lu was forced to cross the border into Laos, where he was intercepted and arrested by local authorities while attempting to board a train to Thailand. He was first detained in Laos and then deported back to China by Chinese police.
Lu’s deportation drew strong international attention. The judicial authorities adopted a strategy of bail out pending trial and implemented one year of “Residential Surveillance at a Designated Location”. When his bail period expired in October, 2024, the public thought his case might end, but unexpectedly, Sichuan police re-arrested him on October 10.
Lu’s wife speaks up about injustice
On October 24, 2024, Lu Siwei’s wife Zhang Chunxiao revealed on X (formerly Twitter) that Lu is being held in confined environment at the Chengdu Detention Center, having been transferred from a cell holding 27 people to one holding 32 people. He must perform labor work daily and two hours of night duty every day. The detention center’s breakfast is acceptable, but lunch and dinner are poor. Medical conditions need improvement; while his thyroid medication has improved, his psoriasis medication is not effective. She hopes that permission can be granted to send him proper medication. His right to read has been deprived, and it is not possible to send him books.
After Lu’s indictment, Zhang Chunxiao stated on X:
I received a forwarded copy of Lu Siwei’s indictment from a friend. After reading it, I still want to continue asking the same question: Lu Siwei has valid and legitimate U.S. and Laos visas, so why would he need to illegally cross the border?!
Because he was restricted from leaving the country! Because he wanted to reunite with his family after three years of separation! And the authorities had no basis, no procedures, no reason – they just verbally notified him at customs: You cannot leave the country!
How many Chinese people are unable to escape this fate?!
(Reported by Ningmeng, ChinaAid’s Special Correspondent)
