{"id":5470,"date":"2015-07-30T11:27:57","date_gmt":"2015-07-30T15:27:57","guid":{"rendered":"http:\/\/www.chinesepen.org\/english\/?p=5470"},"modified":"2015-07-30T11:27:57","modified_gmt":"2015-07-30T15:27:57","slug":"uk-denies-ai-weiwei-full-business-visa-based-on-disputed-criminal-history","status":"publish","type":"post","link":"https:\/\/www.chinesepen.org\/english\/uk-denies-ai-weiwei-full-business-visa-based-on-disputed-criminal-history","title":{"rendered":"UK denies Ai Weiwei full business visa based on disputed ‘criminal’ history"},"content":{"rendered":"

British embassy officials say celebrated Chinese artist failed to declare his record on application \u2013 but supporters say he was never actually charged with a crime
\n\"ca46adaf-5e9d-48dd-9b09-f5da20d4887f-bestSizeAvailable\"<\/a>Ai Weiwei with his recently returned passport. Photograph: Ai Weiwei\/EPA
\nTom Phillips in Beijing<\/p>\n

Thursday 30 July 2015 02.52 EDT Last modified on Thursday 30 July 2015 02.57 EDT<\/p>\n

The dissident Chinese artist Ai Weiwei has accused British authorities of turning their backs on human rights defenders after UK immigration officials rejected his application for a six-month business visa, claiming he had not declared a criminal conviction in his home country.<\/p>\n

Ai spent 81 days in secret detention in 2011 after being seized by Chinese security agents during a crackdown on activists who Beijing feared were trying launch a \u201cjasmine revolution\u201d.<\/p>\n

He was subsequently ordered to pay a $2.4m fine for allegedly unpaid taxes although supporters said the penalty was a politically motivated punishment for the artist\u2019s fierce criticism of the Communist party.<\/p>\n

Having confiscated Ai\u2019s passport in 2011, Chinese authorities finally returned the document last week, allowing him to leave the country for the first time in more than four years. On Thursday he boarded a plane from Beijing to Germany after obtaining a short-term Schengen visa that allows him to enter 26 European countries but not Britain.<\/p>\n

The return of Ai\u2019s passport fuelled hopes that he might attend the opening of a major retrospective of his work at the Royal Academy of Arts in September.<\/p>\n

However on Thursday Ai claimed British immigration officials had jeopardised those plans after granting him only a 20-day entry visa rather than a six-month business visa.<\/p>\n

The artist published a letter sent from the British embassy in Beijing in which an immigration official said only a \u201crestricted\u201d visa could be issued since Ai had \u201cfailed to meet business visitor rules\u201d.<\/p>\n

\u201cIt is a matter of public record that you have previously received a criminal conviction in China, and you have not declared this,\u201d added the letter, which was dated 29 July and signed by a Beijing-based \u201centry clearance manager\u201d.<\/p>\n

\"95e9b159-92f4-477b-b8be-4507d8380c43-492x600\"<\/a>Letter posted on Ai Weiwei\u2019s Instagram account. Photograph: Ai Weiwei<\/p>\n

An accompanying post on the artist\u2019s Instagram account read: \u201cAi, who has never been charged or convicted of a crime, attempted to clarify this claim with the UK Visas and Immigration Department and the British embassy in Beijing over several telephone conversations, but the representatives insisted on the accuracy of their sources and refused to admit any misjudgement.\u201d<\/p>\n

It added: \u201cThis decision is a denial of Ai Weiwei\u2019s rights as an ordinary citizen, and a stand to take the position of those who caused sufferings for human rights defenders.\u201d<\/p>\n

The decision meant Ai \u201cmay not be able to attend his exhibition\u201d at the Royal Academy of Arts in central London, the post added.<\/p>\n

Liu Xiaoyuan, a human rights lawyer and friend of the outspoken artist, said he could not understand the \u201cridiculous\u201d ruling.<\/p>\n

\u201cI don\u2019t know which county\u2019s understanding of criminal conviction the rejection is based on. If it\u2019s the Chinese one Ai certainly does not have a conviction.\u201d<\/p>\n

\u201cAs a lawyer I don\u2019t think Ai has a criminal conviction. Under Chinese law Ai\u2019s case ended in the police investigation stage and has not reached the court. The case does not have a court sentence and hence by Chinese standard, Ai doesn\u2019t have a criminal conviction.<\/p>\n

\u201cIt\u2019s very ridiculous,\u201d Liu said. \u201cAung San Suu Kyi and many other human rights activists have been kept under house arrest for years. Do those count as criminal convictions?\u201d<\/p>\n

Joshua Rosenzweig, a Hong Kong-based human rights expert who has followed Ai\u2019s case, said he was also at a loss to explain the British decision. \u201cIf they are talking about what happened in 2011 then I just don\u2019t see how this could qualify as a criminal conviction. It seems to me that either someone is misinformed or I don\u2019t know what. You cannot call what happened in 2011 a criminal conviction.<\/p>\n

\u201cBeing subjected to residential surveillance is not the same thing as a criminal conviction. It\u2019s what the Chinese authorities call a coercive measure. You can\u2019t have a conviction without facing a court \u2013 even in China.\u201d<\/p>\n

The immigration letter made clear that Ai\u2019s request for a six-month business visa had been denied because of \u201ca criminal conviction in China\u201d that was a \u201cmatter of public record\u201d, Rosenzweig noted. \u201cI would like to know what the public record is because I pay attention to these things and it is not ringing any bells.\u201d<\/p>\n

A spokesperson for the Home Office said: \u201cAll applications are considered on their individual merits and in line with the relevant legislation.<\/p>\n

\u201cMr Ai has been granted a visa for the full duration of his requested dates of travel.\u201d<\/p>\n

Ai Weiwei fans reacted angrily to the news.<\/p>\n

\u201cDisappointing. Puts a blanket of sadness over my mood,\u201d one wrote on his official Instagram account.<\/p>\n

Jigme Ugen, a Tibetan activist, wrote on Twitter: \u201cUK visa restriction based on trumped-up criminal charges is purely a kowtow to #XiJinping\u2019s London visit. OUTRAGEOUS!\u201d<\/p>\n

 
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