ICPC Statement to Protest Severe Sentence of Writer Liu Xianbin

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Press Release
March 25 2011
 
ICPC Statement to Protest Severe Sentence of Writer Liu Xianbin
 
Independent Chinese PEN Centre (ICPC) is alarmed to have learnt that Mr. Liu Xianbin, a honorary member and a recipient of its 2010 Liu Xiaobo Courage to Write Award, has been sentenced this morning by Suining Intermediate People’s Court, Sichuan Province in western China, to 10 years imprisonment with further 2 years and 4 months deprivation of political rights for inciting subversion of the state power after The trial lasted for about 2 hours, including 1 hour and half for the court hearing and half hour for adjournment for the verdict announcement. 
ICPC are greatly outraged by the unprecedented briefness of the trial process for conviction and sentencing of Mr. Liu Xianbin, and considers that the court has obviously ignored the due procedure, particularly the legitimate rights of the defence that has led to the suspicion that the court could have made a verdict even before the trial based solely on few words extracted from several of his political commentaries and memories published at the overseas Chinese websites. Liu’s conviction is a serious violation of Article 19 of the International Covenant on Civil and Political Rights (ICCPR) to which China is a signatory as well as Article 35 of China’s own Constitution to ensure the basic human rights including the freedoms of speech and of the press, indicating without a doubt that the Chinese authorities continue to abuse, Article 105 of China’s Criminal Law on “inciting subversion”, a bad law item to criminalize the words for a severe political and judicial persecution of those who fulfilltheir obligations as a citizen in general and responsibilities as a writer in particular. Its severity is the second record only to the heavy sentence of 11-year imprisonment that Dr. Liu Xiaobo, ICPC’s former and honorary president as well as the 2010 laureate of Nobel Peace Prize got on the same charge 15 months ago. Liu Xianbin’s case has made another new sign of China’s “literary inquisition” and the continuous deteriorating of human rights situation in China. Therefore, ICPC expresses its strong protest and calls on Chinese authorities to ensure Mr. Liu’s legal rights to appeal against the verdict and his freedom from any abuses during his remaining in custody. Further more ICPC reiterates its call on all communities at home and abroad to pay close attention to the deterioration of freedom of expression in China, and to urge the Chinese authorities to release Mr. Liu Xianbin, and all of others jailed for their words, including ICPC members, Liu Xiaobo, Shi Tao, Yang Tongyan, Zhu Yufu, Li Hai, Teng Biao and Wu Yangwei (Ye Du).
 
International PEN is the oldest human rights organization and international literary organization. The Independent Chinese PEN Centre is among its 145 member centres and aims to protect writers’ freedom of expression and freedom to write worldwide and advocates for the rights of writers and journalists who are imprisoned, threatened, persecuted or harassed in China particularly.

For more information, contact
Yu Zhang, Dr.
Executive Secretary and WiPC Coordinator
Independent Chinese PEN Center (ICPC)
Tel: +46-8-50022792Email: [email protected], [email protected]
Websites: http://www.chinesepen.org and http://www.liuxiaobo.eu/
 
Background information on Liu Xianbin’s case
 
Mr. Liu Xianbin, aged 41, is a freelance writer and political activist in Suining City, Sichuan Province, and has been imprisoned for his pro-democratic opinions and activities several times.
 
In 1989 when there was massacre in Beijing, Liu Xainbin was a second year student at the China People’s University there. Because of his involvement in the student movement, he was arrested at his university in April 1991 a few months before his graduation and served 2 years and half sentence in Qincheng Prison in Beijing on “counter-revolutionary propaganda and incitement” for his writings. After his release in October 1993, he was sent back to his home city of Suining, Sichuan Province. In July 1995, he was detained on the same charge for a month.
 
In 1998, Liu Xianbin joined Human Rights Watch in China (HRWC), the first China-based organization to dogwatch its human rights since 1949, led by Qin Yongmin, a famous dissident in Wuhan City. After Qin was arrested (and eventually sentenced to 12 years imprisonment), Liu set up an interim headquarter to continue the publication of HRWC newsletters. On 7 July 1999, Liu Xianbin was detained for his online writing/publishing and open letters as well as founding Sichuan Preparation Committee of Chinese Democracy Party and sentenced to 13 years imprisonment with further 3 years deprivation of political rights on “subverting the state power”. His case has been adopted by ICPC since 2006.
 
Liu Xianbin served 9 years and 4 months of his original sentence in Sichun Provincial No. 3 Prison, Dazhou County after sentence reduction by three times, and was released on 6 November 2008. Regardless the risk during the period of deprivation of political rights, he joined as one of 303 initial signatories of Charter 08. After Dr. Liu Xiaobo had been detained on 8 December, Liu Xianbin had ignored the tightened suppression, and continued to publish many articles, such as, “The Hundred Days After My Imprisonment”, “The Baptism of Blood and Fire: My Experiences in 1989”, “Impressions from the Democrats”, “The Letter in Prison”, and “My Two Decades of Pro-democracy Activism”. In 2009, Liu Xianbin was honoured with the ninth “Human Rights Award for Chinese Youth” by a jury of the former students of “1989 Generation” in exile. After Dr. Liu Xiaobo had been sentenced on 25 December 2009, he published an article, The Choice of Civil Road in the Wake of Liu Xiaobo’s Heavy Sentence”, emphasizing, “Liu Xiaobo is well worthy of his imprisonment. Although sacrificing his personal freedom and happiness, he has wakened up thousands of the citizens to stand up courageously. This is Liu Xiaobo’s major historical achievement, and his name will remain in history”;” At this moment, we should heal our hearts of grief and indignation emotions as soon as possible, regain our confidence and enthusiasm, and follow the track of rational struggle that Liu Xiaobo has upheld.”
 
On 28 June 2010, Liu Xianbin was at first interrogated in the police station at 15:30 and then then 14 police officers raid his house, under the eyes of his wife, Chen Mingxian, and two of her colleagues from the school as witnesses. The police took away two hard disks form Liu’s computer, two USB disks and others of his belongings including a bank card and six notices of his remuneration for his publication at the overseas e-journals. At 19:00, Liu’s wife got the notice that Liu was detained on suspicion of “inciting subversion of the state power” and held at the Detention Center of Suining City. A week later on July 5, Liu was formally arrested. On July 21, his case was handed over to the People’s Procuratorate of Cunning City with a police Recommendation for Prosecution on inciting subversion of the state power. On July 30, ICPC and American PEN issued a joint statement denouncing his formal arrest. On November 11, the Procuratorate submitted its Indictment to the Suining Intermediate People’s Court for the same charge against Liu Xianbin. On November 15, PEN’s Imprisoned Writers Day, ICPC announced a statement to honour Liu Xianbin as winner of the first Liu Xiaobo Courage to Writer Award as well as its honorary member.