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CNHRA EVENT RECORD · CNHRA-E-089607

Chen Guangcheng: Restrictions, Criminal Proceedings and Sentence Completion after Linyi Investigations

陈光诚临沂调查后的住宅限制、审判与刑满离监

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

Chen Guangcheng

陈光诚

CNHRA-P-539674

View Person Record →

Organizations

No organizations have been added.

Documents

Sources

  1. [1]

    CNHRA-S-385810Congressional-Executive Commission on China

    Evidence location: Access to Justice / Chen Guangcheng and endnotes 66–77.

  2. [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. [3]

    CNHRA-S-725079United Nations

    Evidence location: Table entry CHN 4/2012, May 15, 2012: Chen Guangcheng, relatives and supporters.

Record ID: CNHRA-E-089607