PEN INTERNATIONAL RAPID ACTION NETWORK
6 July 2011
Update #2 to RAN 34/07
CHINA: Journalist Qi Chonghuai sentenced to a further eight years
The Writers in Prison Committee of PEN International protests the additional eight-year sentence handed down to freelance journalist Qi Chonghuai on 9 June 2011, two weeks before the end of his four-year sentence for extortion and blackmail. It is widely believed that he is targeted for his critical reporting, and for letters smuggled out of prison in 2009 alleging ill-treatment. PEN International considers Qi Chonghuai to be held solely for peacefully exercising his right to free expression which is protected under Article 35 of the Chinese Constitution and Article 19 of the United Nations International Covenant on Civil and Political Rights, to which China is a signatory. It calls for his immediate and unconditional release, and seeks assurances that he will not be ill-treated in prison.
The following information is given by China Human Rights Defenders (CHRD) in a briefing dated 8-15 June 2011:
On June 9, the Tengzhou City Court in Shandong Province convicted reporter Qi Chonghuai of “extortion and blackmail”and “embezzlement”,sentencing him to eight more years in prison in addition to the four years he has almost completed. The court sentenced Qi to six years for “embezzlement” and three for “extortion and blackmail.” On top of a four-year sentence, also for “extortion and blackmail,” handed down in 2007, Qi has been sentenced to a total of 13 years in prison, of which he will serve 12. Prior to this recent conviction, he was originally scheduled to be released at the end of this month.
Qi’s latest conviction is based on four incidents that occurred prior to 2007 during which he received money while on assignment. Police tortured him to coerce a confession regarding these payments during an interrogation in 2007; however, the procuratorate did not indict him on the basis of this confession when he was first prosecuted for “extortion and blackmail.” The decision to convict and sentence Qi earlier this month to such a long period of imprisonment, when he was due to be released from prison after serving time for the same crime, is a clear instance of politically-motivated persecution for his work as a muckraking journalist. Qi’s first conviction came after he reported on corruption related to the construction of the Haohua Government Office Building in Tengzhou. He was a reporter and former Shandong Bureau Chief for the Fazhi Morning Post, known for his articles exposing local corruption, social injustice, and human rights violations.
Qi was represented in court by Beijing-based lawyers Wang Quanzhang (王全章) and Liu Xiaoyuan (刘晓原), who indicated after the trial that the court disregarded their defense of their client, and that his conviction was a foregone conclusion. Qi’s wife, Jiao Xia (焦霞), attended the trial but was removed during the proceedings by a bailiff after she spoke out. She has since gone missing, and friends are concerned that, despondent over her husband’s fate, she may try to harm herself. During his time in prison, Qi has been tortured, beaten, and forced to perform hard labor. A series of letters he was able to smuggle out in 2009 described the abuse and mistreatment he experienced in graphic detail; for further information, please see: http://chrdnet.org/2009/12/09/in-letters-smuggled-out-of-prison-journalist-qi-chonghuai-details-abuses/. (CHRD)[ii]
Background
Qi Chonghuai was arrested with his assistant, freelance reporter He Yanjie, on 25 June 2007 in the city of Jinan, in the eastern province of Shandong, following the publication of an article alleging corruption in the Tengzhou Communist Party, which was published in June 2007 on the Xinhuanet website. They were both charged with blackmail on 2 August 2007 for allegedly accepting bribes from local officials whilst researching the article. A photograpgher, Ma Shiping, was also detained for publishing photos in the article. Qi Chonghuai was held incommunicado for the first two months of his detention, and claims to have been repeatedly assaulted and threatened by security guards throughout his eleven-month pre-trial detention. The case was turned back to the police for further investigation by the prosecution in February 2008 for lack of evidence. The trial on 13 May 2008 at the People’s Court of Tengzhou City, Shandong Province, reportedly did not comply with international standards of fairness.
Qi Chonghuai, aged 43, had been journalist for 13 years before his arrest. From 2004-6, Qi worked for various publications, including the Shangdong Zhoukan (Shandon Weekly), the Renmin Gong’an Bao (People’s Public Security News), and the Zhongguo Anquan Shengchan Bao. In June 2006, he started work as director of the newspaper Fazhi Zaobao (Legal System Morning News), which ceased publishing in December 2006 and was reformed with its existing staff as the Fazhi Ribao (Weekend edition of the Legal System Daily). He has also worked as special correspondent with the Fazhi Zhoubao (Legality Weekly) and the Jizhe Guancha (Journalist Observer). Qi is known for his reporting on corruption and social injustice in Shangdong province both in the Chinese and overseas media, and is said to have been repeatedly warned by the authorities to cease such reporting prior to his arrest.
Please send appeals:
Protesting the harsh additional sentence handed down to journalist Qi Chonghuai, who appears to be targeted solely for his critical writings;
Calling for a full and transparent investigation into the reported assaults on Qi Chonghuai whilst in detention so that those reponsible may be brought to justice.
· Reminding the Chinese authorities of their obligations under Article 35 of the Chinese constitution and Article 19 of the International Covenant on Civil and Political Rights to which it is a signatory and seeking assurances that these international commitments are being adhered to;
· Calling for the immediate and unconditional release of all those currently detained in violation of their right to freedom of expression in China, including journalist Qi Chonghuai, as guaranteed by Article 19 of the United Nations Covenant on Civil and Political Rights (ICCPR), to which China is a signatory
Send appeals to:
President
His Excellency Hu Jintao
President of the People’s Republic of China
State Council
Beijing 100032
P.R. China
Director of the Beijing Public Security Bureau
FU Zhenghua Juzhang
Beijingshi Gong’anju
9 Dongdajie, Qianmen
Dongchengqu
Beijingshi 100740
People’s Republic of China.
Fax: +86 1065242927
Minister of Justice
WU Aiying Buzhang
Sifabu
10 Chaoyangmen Nandajie
Chaoyangqu
Beijingshi 100020
People’s Republic of China.
Minister of Public Security of the People’s Republic of China.
MENG Jianzhu
Gong’anbu
14 Dongchang’anjie
Dongchengqu
Beijingshi 100741
People’s Republic of China.
Please note that there are no fax numbers for the Chinese authorities. WiPC recommends that you copy your appeal to the Chinese embassy in your country asking them to forward it and welcoming any comments.
You may find it easier to write to the Chinese ambassador in your own country asking him or her to forward your appeal. Most embassies are obliged to forward such appeals to the relevant officials in the country. A letter or petition signed by an eminent member of your Centre may give make it more likely for your appeal to be considered. Similarly if your appeal is published in your local press and copied to the Chinese ambassador, this too may have greater impact.
See this useful link to find the contact details of the Chinese embassy in your country Chinese embassies abroad
**Please contact the PEN WiPC office in London if sending appeals after 31 July 2011**
For further information please contact Cathy McCann at International PEN Writers in Prison Committee, Brownlow House, 50/51 High Holborn, London WC1V 6ER, Tel.+ 44 (0) 20 7405 0338, Fax: +44 (0) 20 7405 0339, email: [email protected]