CNHRA EVENT RECORD · CNHRA-E-089607
Chen Guangcheng: Restrictions, Criminal Proceedings and Sentence Completion after Linyi Investigations
Date
2005-04
Location
Linyi, Shandong, China
Event Type
Detention · Arrest · Trial · Sentencing · Release
Human Rights Issues
Freedom of Expression · Freedom of Movement · Right to Liberty and Security · Right to a Fair Trial
Record ID
CNHRA-E-089607
Summary
Following investigation of coercive family-planning allegations in Linyi, Chen faced restrictions and a four-year-three-month sentence in 2006. The original judgment was overturned and remanded, and he completed his sentence in 2010. The UN opinion separately assesses different detention stages.[2][1][3]
Description
In 2005, Chen and Yuan Weijing investigated coercive family-planning enforcement in Linyi and prepared litigation materials. Restrictions on leaving home and outside contact began in August; counsel later sued over his alleged beating outside the home.[2]
Formal arrest on June 21, 2006, was followed by a four-year-and-three-month sentence on August 24. Linyi Intermediate Court set aside the judgment on October 30 and ordered a retrial. Opinion No. 47/2006 found the earlier confinement and subsequent detention arbitrary. He completed the sentence on September 9, 2010.[2][1]
Developments
Investigating coercive family planning in Linyi
The UN opinion recounts Chen and Yuan Weijing investigating villagers’ accounts of coercive enforcement of birth quotas and preparing material for legal action.[2]
Home confinement begins
The Working Group’s opinion examines confinement beginning August 12, involving restrictions on leaving home and outside contact.[2]
Lawyer files suit over alleged beating
Paragraph 13 records a suit against two township officials at Yinan County Court concerning the alleged beating outside Chen’s home on October 24.[2]
Formally arrested
After earlier restrictions at home, Chen was formally arrested. The first-instance judgment followed that August.[1]
Lawyers obtain access
Paragraph 16 records lawyers meeting Chen after three months without access; guards interrupt questions about his earlier place of detention.[2]
First-instance sentence: four years and three months
Yinan County Court imposes four years and three months on charges involving property destruction and disruption of traffic.[1]
Judgment overturned and remanded
Paragraph 28 of the opinion records that Linyi Intermediate Court overturned the first-instance judgment for insufficient evidence and ordered a retrial.[2]
Opinion No. 47/2006 adopted
Paragraph 35 finds category I arbitrary detention for August 12, 2005–March 12, 2006 and category II thereafter. Paragraph 32 withholds a final assessment of all fair-trial issues pending retrial.[2]
Leaves prison; restrictions continue
After completing his sentence, Chen was escorted home by police; surveillance continued at the house and village entrance.[1]
Related People
Organizations
No organizations have been added.
Documents
Sources
- [1]
CNHRA-S-385810Congressional-Executive Commission on China
Evidence location: Access to Justice / Chen Guangcheng and endnotes 66–77.
- [2]
CNHRA-S-094935United Nations
Evidence location: A/HRC/7/4/Add.1, printed pages 49–55, paragraphs 4–5 and 28–36; adopted November 24, 2006.
- [3]
CNHRA-S-725079United Nations
Evidence location: Table entry CHN 4/2012, May 15, 2012: Chen Guangcheng, relatives and supporters.