![[Logo: IR2008]](img/utils/logo-tiny.gif){kind=logo}
A campaign by Human Rights in China.
|
|
Incorporating Responsibility: 2008 A campaign by Human Rights in China. |
|
|
|||
|
|||
|
The Case of Li Zhi At his trial on December 10, 2003, Li Zhi was sentenced to eight years' imprisonment for subversion. The Sichuan High People's Court rejected his appeal on February 26, 2004 and upheld his original sentence of eight years. Li was convicted of subversion for allegedly joining the China Democracy Party (CDP) via the Internet, posting essays on the Internet that "opposed the Chinese Communist Party," aiding another person in joining that party, and planning and implementing actions to "subvert state power and overthrow the socialist system in a peaceful and gradual manner." The arguments put forth by Li's defense, such as Li Zhi did not have the intent to and did not carry out activities to subvert state power, were not accepted by the court. Note: The following is an unofficial translation of Li Zhi's appellate ruling by HRIC. The original Chinese characters of relevant names, titles, and terms are footnoted below. Sichuan Province Higher People's Court Criminal Ruling
Original prosecuting organ: Dazhou City People's Procuratorate of Sichuan Province. Appellant (original defendant) Li Zhi, alias "Ming Pu";[1] Internet nicknames "Big Broom"[2] and "34010000"; male; born on November 14, 1970 in Bazhong City, Sichuan Province; Han nationality; formerly Vice-Director of the Finance and Trade Circulation Branch of the Dazhou City government;[3] residing at No. 2, Building 8, Unit 1, Block 2 of the employee's compound of the Bank of China's Dazhou Central Branch in Nanwai Township, Da County.[4] Placed under criminal detention on August 11, 2003 on suspicion of subverting state power and arrested on September 3 of the same year. Currently being held at the Da County Detention Center. Defense attorney Zhang Sizhi[5] is with the Beijing Wulan Zhaoyan Law Firm.[6] Defense attorney Yan Ruyu[7] is with the Beijing Wulan Zhaoyan Law Firm. The Dazhou City Intermediate People's Court of Sichuan Province tried the case of Li Zhi, who was charged with the crime of subversion by the Dazhou People's Procuratorate, and on December 10, 2003 issued its verdict in Dazhong Criminal Document No. 60 (2003). Original defendant Li Zhi did not accept the verdict and filed an appeal. After receiving the appeal on January 14, this court convened a collegiate panel according to law to review this case. After examining the documents and hearing the arguments of the defense, this court found that the facts were clear and decided to hold a closed trial. The trial for this case is now concluded. In the verdict of the Dazhou Intermediate People's Court of Sichuan Province, it was determined as follows: On November 9, 2001, January 15, 2003, and June 1, 2003, defendant Li Zhi used the Internet to apply for membership to the hostile overseas organization "China Democracy Party" and endorsed this party's positions. On June 4, 2003, Li Zhi received a certificate of appointment issued by this party, offering him the positions of the "China Democracy Party" second-line organization's national committee member, head of Committee No. 103466, and representative to this party's first national representative congress. Li Zhi's primary responsibility was to establish and develop the secret organization "China Democracy Party" on the Chinese mainland. During this period, Li Zhi created an individual homepage on the Web site Muzi.com,[8] where he published and posted essays that opposed the Chinese Communist Party. In October 2001, Li Zhi used the Internet to make the acquaintance of a middle school student named Ying XX from Mianyang City (handled in another case), and then actively encouraged him to participate in the "China Democracy Party." He also kept Ying XX informed by sending him the regulations, guiding principles, and other materials of the "China Democracy Party," and also by putting him in contact with overseas organization(s). On November 25, 2001, Ying XX applied to join the "China Democracy Party" and on March 19, 2002 and April 12, 2002 received certificates of appointment from this party. In the original verdict, defendant Li Zi was sentenced to eight years' imprisonment with four years' subsequent deprivation of political rights for committing the crime of subverting state power. After the verdict was announced, original defendant Li Zhi filed an appeal on the grounds that he "did not participate in a hostile organization, did not recruit members for a hostile organization, did not engage in hostile activities, and therefore did not commit any crime." His defense attorneys put forth arguments in his defense stating that "Li Zhi was not aware that the China Democracy Party was a hostile organization when he joined it, Li Zhi did not instigate others to participate in a hostile organization, and Li Zhi did not engage in acts that subverted state power."
Through the trial it was determined as follows: In January 2000, appellant (original defendant) Li Zhi successfully registered as member 34010000, password 34010000, with the Beijing Xinlang Internet Information Service Company, Ltd.,[9] became a user on this site and obtained a free email account with the address 34010000@sina.com. Afterwards, Li Zhi used the username lizhi340100 and the 3010000@sina.com email address to successfully register at the Yahoo! China Website of Yahoo! Holdings (HK) Limited[10] and obtained the free email address lizhi340100@yahoo/com.cn. On January 15, 2003, Li Zhi registered as an ADSL broadband user with the Dazhou City branch of Sichuan Telecom Company,[11] with the telephone 2671813, user account lizhi@DC, password 34010000. From November 2001 to June 2003, on three occasions appellant (original defendant Li Zhi)—via the Internet and email—sent the overseas hostile organization "China Democracy Party" his email account so that he could receive emails in order to join this party. Li Zhi declared his approval of the positions of the "China Democracy Party" and his willingness to serve, clearly indicating that the current government must be overthrown. On June 4, 2003, Li Zhi received a certificate of appointment (document No. 11-10355) to the second-line organization issued by "China Democracy Party" leader Xie Wanjun, which he stored on his computer. Li Zhi was appointed as the second-line organization's national committee member, head of Committee No. 103466, and representative to this party's first national representative congress. This certificate stipulated that Li Zhi's main responsibilities were to establish and develop the secret organization "China Democracy Party" on the Chinese mainland. In May of that year, Li Zhi sent an email to Xie Wanjun expressing his wish to receive instructions and written comments, and he received multiple emails from the "China Democracy Party" related to this party's activities. Appellant (original defendant Li Zhi) applied for a personal homepage space and, as user 34010000, established a personal home page on the Muzi.com Web site. On this home page, Li Zhi published and posted hostile essays on multiple occasions in which he clearly stated that the leadership of the Chinese Communist Party must be overthrown, declared his desire to link up with all compatriots who oppose the Communist Party, and said that he would save his strength and wait for an opportunity to overthrow the leadership of the Communist Party. Using the nickname "Big Broom", Li Zhi chatted on the Internet and proposed that "China Democracy Party" members infiltrate inner Chinese government ranks to participate in the election of deputies to the National People's Congress and elect their own mayor, in order to seize state power and achieve the peaceful evolution of their goals.
In October 2001, appellant (original defendant) Li Zhi used the Internet to become acquainted with Mianyang City Nanshan Middle School student Ying XX (handled in another case). At the same time that he applied to join the "China Democracy Party," Li also used email to send Ying materials on party regulations, guiding principles, means of contact and admission methods to help Ying XX join the "China Democracy Party." On November 25 of that year, Ying XX followed Li Zhi's contact methods to "submit an application to join the China Democracy Party." On March 19 and April 12, 2002, Ying XX received two certificates of appointment appointing him to the Implementation Committee of the second-line organization's Sichuan Implementation Bureau, and to the position of Independent Party Director Number 2053 under the command of the second-line organization . Li Zhi also actively instructed Ying XX to engage in hostile activities, thereby expanding the scope and space for engagement in these hostile activities. The above facts are supported by the following evidence, which was declared, exhibited, and established through witness testimony at the first trial:
This court holds that appellant (original defendant) Li Zhi actively applied to join a hostile overseas organization and was assigned positions in the organization. By using the methods of establishing a personal homepage, issuing postings on online forums, chatting online and so forth, he openly spread ideas that were hostile to state power and the socialist system; actively guided and helped another person to join a hostile organization; expanded the organization's membership and space for activities; and planned and implemented actions that would subvert state power and overthrow the socialist system in a peaceful and gradual manner, all of which is sufficient to establish the crime of subverting state power. The arguments put forth by Li Zhi and his defense attorneys as reason for appeal—that Li Zhi subjectively did not have the intent to subvert state power, and objectively did not carry out activities that subverted state power, thus he did not commit a crime—do not accord with the facts uncovered that Li Zhi used the Internet to join a hostile organization and helped another person to join, and that he planned to overthrow the current socialist system and state power. The reasons put forth for appeal and the arguments of the defense cannot be established. The facts determined and the laws applied in the original trial were correct, the length of punishment was appropriate, and the court proceedings were lawful. In accordance with the provisions in Section 1, Article 189 of the Criminal Procedure Law of the People's Republic of China and in Paragraph 1 of Article 105, Article 106, Paragraph 1 of Article 56, and Paragraph 1 of Article 55 of the Criminal Law of the People's Republic of China, the ruling is as follows: The appeal has been rejected and the original judgment is upheld. This ruling is the final ruling. Judge: Ding Tiejun Judicial officer: Wang Diaoshu Deputy judicial officer: Dai Yunbo February 26, 2004 Clerk: He Yanli // ENDNOTES [1] "Ming Pu": 名仆 [2] "Big Broom": 大扫把 [3] Finance and Trade Circulation Branch of the Dazhou City government: 达州市人民政府财贸流通科副科长 [4] Bank of China's Dazhou Central Branch in Nanwai Township, Da County: 达县南外镇中国人民银行达州市中心支行家属院2栋1单元8楼2号 [5] Zhang Sizhi: 张思之 [6] Beijing Wulan Zhaoyan Law Firm: 吴栾赵阎律师事务所 [7] Yan Ruyu: 阎如玉 [8] Muzi.com: 木子网 [9] Beijing Xinlang Internet Information Service Company, Ltd.: 北京新浪互联信息服务有限公司 [10] Yahoo! Holdings (HK) Limited: 雅虎香港控股有限公司 [11] ADSL broadband user with the Dazhou City branch of Sichuan Telecom Company: 四川省电信公司达州市分公司ADSL的宽带用户 [12] Li Shiyi: 李仕毅 // |
|
|
|
|||
|
Copyright © 2005 Human Rights in China. All rights reserved. | Disclaimer / / www.hrichina.org | |
|
Li Zhi chatted on the Internet and proposed that "China Democracy Party" members infiltrate inner Chinese government ranks to participate in the election of deputies to the National People's Congress and elect their own mayor, in order to seize state power and achieve the peaceful evolution of their goals.