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Chen Kegui’s Case Sent to Prosecutors; Artists in Beijing Detained Over Anti-RTL Protest and more

Human Rights Briefing
October 11-17, 2012

Arbitrary Detention
    •    Chen Kegui’s Case Sent to Procuratorate, Father Seeks Information Disclosure on Home Invasion
    •    Artists in Beijing Detained After Calling for Abolition of RTL, Fellow Artist’s Release
    •    Li Tie’s Health Declining in Prison, Seeks Transfer to Be Closer to Family

Arbitrary Detention
Chen Kegui’s Case Sent to Procuratorate, Father Seeks Information Disclosure on Home Invasion

The case of Chen Kegui (陈可贵), the nephew of activist Chen Guangcheng (陈光诚), was recently transferred to a procuratorate in Shandong Province on the charge of “intentional injury,” and not the more serious charge of “intentional homicide” for which he was initially arrested. Authorities told Chen Kegui’s relatives about these developments when they went to the Linyi City People’s Procuratorate earlier this month to inquire about the status of his case. Chen was arrested in May after an altercation with Linyi authorities who invaded his family’s home following Chen Guangcheng’s escape from house arrest in April. Chen Kegui is currently detained in the Yinan County Detention Center, and police have prohibited both family members and lawyers retained by the family from visiting him. In related news, Chen Guangfu (陈光福), Chen Kegui’s father, filed a petition last month calling on authorities to publicly disclose the legal basis for, and other information about, the warrantless invasion and search of their home in April, in which he and his family members were assaulted and property was destroyed. Chen Guangfu himself was later seized and tortured by police.[1]

Artists in Beijing Detained After Calling for Abolition of RTL, Fellow Artist’s Release
Two artists were recently criminally detained in Beijing on suspicion of “gathering a crowd to disrupt the social order” after holding a public demonstration in which they called for the end to Re-education through Labor (RTL) and the release of a fellow artist sent to RTL. The Tibetan artist, Nyima ( Chinese  name: Kuang Laowu 邝老五) and Chinese artists Zhui Hun (追魂, aka Liu Jinxing [刘进兴]), were seized on September 26 after carrying a large banner with related slogans along a street in Tongzhou District. While echoing Chinese citizens’ growing public demands to abolish the RTL system, the artists are believed to have been specifically condemning the detention of Hua Yong (华涌), an artist sent to RTL after engaging in performance art near Tiananmen Square on this year’s June Fourth anniversary. On October 15, Guo Haiyue (郭海跃), Kuang’s lawyer, and Liang Xiaojun (梁小军), who is representing Zhui, went to the Tongzhou District Detention Center to try to meet with their clients, but guards turned them away, claiming that they had not received instructions from superiors allowing such visits. Zhui Hun’s wife was also taken into custody briefly in connection with the demonstration but was soon after released on bail.[2]   

Li Tie’s Health Declining in Prison, Seeks Transfer to Be Closer to Family
Hubei democracy activist Li Tie (李铁), serving a 10-year sentence for “subversion of state power,” is suffering from health problems, including loss of weight and high blood pressure, which was diagnosed this summer. Li is also reportedly feeling isolated and lonely because his place of incarceration is not close to his family in Wuhan. Currently detained at Huangzhou Prison, Li has repeatedly asked authorities to move him to a prison in Wuhan, about 50 miles away, in order to make family visits more convenient, but he has not received a reply. Authorities have only permitted his daughter and no other relatives to visit him, but she is unable to travel to Huangzhou as often as Li would like due to the distance. In addition, it has been reported that Li may have not appealed his lengthy sentence in part because justice bureau officials had supposedly promised him that he would be released after two or three years; however, it is also known that authorities blocked efforts made by Li’s family and lawyers to file an appeal immediately after he was sentenced (see CHRB’s submission to UN Special Procedures on his behalf).[3]
Edited by Victor Clemens and Joan Wen

[1] “Chen Guangfu Files Petition at Linyi Intermediate People’s Court Against Yinan County PSB, Shuanghou Town Government” (陈光福向临沂中院起诉沂南县公安局和双堠镇政府), October 15, 2012, WQW; “Chen Kegui, Chen Guangcheng’s Nephew, Has Case Submitted to Procuratorate” (陈光诚侄子陈可贵案已移交检察院), October 13, 2012, WQW; “Human Rights Lawyer Chen Wuquan Seized by Police in Guangzhou” (人权律师陈武权在广州被警方带走), September 18, 2012, WQW; “Guangzhou Lawyer Chen Wuquan Deprived of Annual Inspection and Renewal For Representing Chen Kegui” (广州律师陈武全因代理陈克贵案被变相剥夺年检考核), September 14, 2012, WQW; “Chen Guangcheng: A Special Bulletin – Updates on Situation of Chen Guangcheng & His Family Members, Relatives & Supporters Since Chen’s Flight for Freedom,” September 18, 2012 (updated), CHRD; “Police Officer Who Entered Home in Chen Kegui Case Given Detention, Officials Threaten Chen Guangfu” (陈克贵案入室警察被拘留,陈光福遭官员威胁), June 29, 2012, WQW; “China Human Rights Briefing: Special Edition – Lawyers Pose Challenge After Police Prevent Meeting With Chen Kegui,” May 22, 2012, WQW; “China Human Rights Briefing: Special Edition – Shandong Police Torture Chen Guangfu, Brother of Chen Guangcheng, As Relatives Live in Fear,” May 16, 2012, CHRD; “The Chinese Government Must End Persecution of Chen Guangcheng, His Family & Supporters, Seek Accountability,” April 27, 2012, CHRD; “Chen Guangcheng Escapes, Several Relatives Seized” (陈光诚出逃多名亲人被抓), April 27, 2012, WQW
[2] “Lawyers Got to Detention Center, Refused Visits to Kuang Laowu, Liu Jinxing” (律师到看守所会见邝老五、追魂遭拒), October 15, 2012, WQW; “Family of Kuang Laowu, Artist Criminally Detained for Calling for Abolition of RTL, Today Being Forced to Move Again” (因呼吁废除劳教而被刑拘的艺术家邝老五家今又被逼搬家), October 15, 2012, WQW; “Artist Hua Yong Sent to RTL for Memorializing June Fourth Massacre” (艺术家华涌因纪念六四被劳教), July 17, 2012, WQW; “Beijing Artist Hua Yong Criminally Detained for ‘Creating a Disturbance’ for Commemorating June Fourth” (北京艺术家华涌纪念六四被以“寻衅滋事罪”刑事拘留), June 12, 2012, WQW; “Beijing Artist Hua Yong Taken Away by Police for Performance Art Commemorating June Fourth” (北京艺术家华涌行为艺术纪念六四被警方带走), June 5, 2012, WQW
[3] “Wuhan Dissident Li Tie Suffering From Poor Health in Prison, Hopes to Return to Wuhan to Serve Sentence” (武汉异议人士李铁狱中健康恶化,希望回武汉服刑), October 16, 2012, WQW; “Sentenced to 10 Years, Wuhan Dissident Li Tie Sent to Huangzhou Prison to Serve Sentence” (获刑十年的武汉异议人士李铁被送往黄州监狱服刑), February 25, 2012, WQW; “Wuhan Dissident Li Tie Sentenced (continued)” (武汉异议人士李铁被重判(续)), January 18, 2012, WQW; “Chinese Democracy Activist Li Tie Jailed for Ten Years for “Subversion,” January 18, 2012, WQW; “Wuhan Dissident Li Tie Sentenced to 10 Years in Prison” (特别关注:武汉异议人士李铁被判处10年重刑), January 18, 2012, WQW; “Subversion Charge against Little-Known Activist Indicates Heightened Crackdown on Dissent in China,” November 22, 2010, WQW; “Trial of Li Tie Begins, Procuratorate Recommends 10-Year Sentence” (李铁案开庭,检控方建议判刑10年), April 17, 2011, WQW

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