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CNHRA EVENT RECORD · CNHRA-E-993717

Liu Xiaobo's 2008–2009 Detention and Arrest

刘晓波2008年至2009年拘押与逮捕

Date

2008-12-08 — 2009-06-23

Location

Beijing, China

Event Type

Detention · Arrest

Human Rights Issues

Freedom of Expression · Arbitrary Detention

Record ID

CNHRA-E-993717

Summary

On December 8, 2008, Liu Xiaobo was taken into custody by police in Beijing. A later court judgment recorded that he was placed under residential surveillance on December 9. He was subsequently held at an undisclosed location in Beijing and remained largely isolated from the outside world. On June 23, 2009, Beijing public security authorities formally arrested Liu on suspicion of “inciting subversion of state power.”[1][2][3][5]

Description

On December 8, 2008, shortly before the public release of Charter 08, Liu Xiaobo was taken into custody by police in Beijing. The court judgment dated December 25, 2009, recorded that he was placed under “residential surveillance” on December 9, 2008. During this period, he was held at an undisclosed location in Beijing. The Congressional-Executive Commission on China noted that Liu had a fixed residence in Beijing but that the residential surveillance was not carried out at his home, raising questions about whether the arrangement complied with Chinese criminal procedure in force at the time. [1][2][5]

During this period, Liu's contact with the outside world was severely restricted; Chinese Human Rights Defenders reported that he was permitted to meet his wife, Liu Xia, only twice, on January 1 and March 20, 2009, in meetings arranged by the authorities. The dates recorded in the judgment show that residential surveillance lasted beyond the six-month limit under Article 58 of the Criminal Procedure Law then in force; the Commission also reported that this limit had been exceeded. [3][5][4]

On June 23, 2009, Beijing public security authorities formally arrested Liu on suspicion of “inciting subversion of state power.” Chinese Human Rights Defenders reported that personnel from the Beijing Public Security Bureau's National Security Unit delivered the formal arrest notice, dated June 23, to Liu Xia the following day.[2][3]

Developments

Taken Into Police Custody

Shortly before the public release of Charter 08, Liu Xiaobo was taken into custody by police in Beijing.[1][3][5]

Start of Residential Surveillance Recorded in the Judgment

The court judgment dated December 25, 2009, recorded that Liu Xiaobo was placed under “residential surveillance” on December 9, 2008. His place of detention during this period was not publicly disclosed.

The Congressional-Executive Commission on China noted that Liu had a fixed residence in Beijing but was not held at home, and questioned whether this arrangement complied with criminal procedure in force at the time.[1][4][5]

Meeting With Liu Xia

Chinese Human Rights Defenders reported that the authorities arranged a meeting between Liu Xiaobo and his wife, Liu Xia. It was one of two meetings with his wife that he was permitted during this period.[3]

Second Meeting With Liu Xia

Chinese Human Rights Defenders reported that Liu Xiaobo was again permitted to meet his wife, Liu Xia. This was the second of the two meetings documented by the organization during this period.[3]

Formally Arrested

Beijing public security authorities formally arrested Liu Xiaobo on suspicion of “inciting subversion of state power.” The Congressional-Executive Commission on China reported that the preceding residential surveillance had exceeded the six-month limit then in force.

This record uses formal arrest as the end of this detention phase; it does not indicate that Liu was released.[2][3][4][5]

Arrest Notice Delivered to Liu Xia

Chinese Human Rights Defenders reported that day that personnel from the Beijing Public Security Bureau’s National Security Unit delivered a formal arrest notice dated June 23 to Liu Xia.

June 23 is the arrest date recorded in the notice; June 24 is the delivery date reported by the organization. These dates should be distinguished.[3]

Related People

Liu Xiaobo

刘晓波

CNHRA-P-974097

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Organizations

No organizations have been added.

Documents

No documents have been added to this record yet.

Sources

  1. [1]

    CNHRA-S-026559Congressional-Executive Commission on China

    Evidence location: 标题及February 1, 2009日期;Liu Xiaobo小节(拘押、地点、会见及开始时间未知);日期差异对照CECC的Beijing Court Sentences Liu Xiaobo to 11 Years页面相关资源列表。

  2. [2]

    CNHRA-S-607483Congressional-Executive Commission on China

    Evidence location: Title and July 2, 2009 date; paragraph 1 (arrest date and the chain of attribution to Xinhua); paragraph 2 (restrictions on legal representation); paragraphs 3–4 (December 8, 2008 detention and residential surveillance).

  3. [3]

    CNHRA-S-950216Chinese Human Rights Defenders

    Evidence location: 2009年6月24日日期;正文开头两段(逮捕、通知落款与送达);其后律师代理限制、会见及预计转押段落。

  4. [4]

    CNHRA-S-711936United Nations Working Group on Arbitrary Detention

    Evidence location: A/HRC/WGAD/2011/15; paragraphs 12–14, 23 and 28–30 in the reproduction, and the adoption date at the end.

  5. [5]

    CNHRA-S-082978USC U.S.-China Institute (reproducing Human Rights in China's translation)

    Evidence location: 页面标题、译者与翻译日期说明、(2009) No. 3901、起诉叙述及末尾量刑部分。

Record ID: CNHRA-E-993717