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CNHRA EVENT RECORD · CNHRA-E-133969

Liu Xiaobo's 2009–2010 Trial, Sentencing, and Appeal

刘晓波2009年至2010年审判、判刑与上诉

Date

2009-12-10 — 2010-02-11

Location

Beijing, China

Event Type

Trial · Sentencing

Human Rights Issues

Freedom of Expression · Right to a Fair Trial

Record ID

CNHRA-E-133969

Summary

On December 10, 2009, Liu Xiaobo was indicted on a charge of “inciting subversion of state power.” The Beijing No. 1 Intermediate People's Court tried the case on December 23 and, on December 25, sentenced Liu to 11 years' imprisonment and two years' deprivation of political rights. Liu subsequently appealed. On February 11, 2010, the Beijing High People's Court announced that it had rejected the appeal and upheld the original judgment.[1][2][3][4][6][8]

Description

On December 10, 2009, the Beijing Municipal People's Procuratorate Branch No. 1 indicted Liu Xiaobo on a charge of “inciting subversion of state power.” The Beijing No. 1 Intermediate People's Court tried the case on December 23. [1][8]

On December 25, the court convicted Liu, finding that his publication of six articles on the Internet and his participation in drafting, collecting signatures for, and disseminating Charter 08 constituted “inciting subversion of state power.” He was sentenced to 11 years' imprisonment and two years' deprivation of political rights. [2][8]

Liu appealed on December 29. The Congressional-Executive Commission on China documented procedural concerns: the court rejected defense counsel's request for a postponement to prepare the case; Liu Xia and foreign diplomats were barred from attending; and no witnesses appeared in court, preventing the defense from cross-examining prosecution witnesses. [3]

The appellate ruling was dated February 9, 2010; the Beijing High People's Court announced its rejection of Liu's appeal and affirmation of the original judgment on February 11. [4]

Because the conviction was based in part on Liu's political writings and his role in drafting and disseminating Charter 08, the case also implicated freedom of expression; the procedural disputes concerning defense preparation, attendance at the trial, and witnesses raised fair-trial concerns.[3][5][8]

Developments

Indicted

The Beijing Municipal People's Procuratorate Branch No. 1 indicted Liu Xiaobo on a charge of “inciting subversion of state power,” bringing the case before the court.[1][6][8]

Trial Opened

The Beijing No. 1 Intermediate People's Court tried Liu Xiaobo on the charge of “inciting subversion of state power.”[2][5][8]

Sentenced to 11 Years in Prison

The Beijing No. 1 Intermediate People's Court convicted Liu Xiaobo of “inciting subversion of state power” and sentenced him to 11 years' imprisonment and two years' deprivation of political rights.

The conduct identified in the judgment included publishing six articles and participating in drafting, collecting signatures for, and disseminating Charter 08.[2][6][8]

Appealed the Judgment

Liu Xiaobo appealed the first-instance judgment. Records concerning the case also documented procedural disputes involving defense preparation, attendance at the trial, and the appearance of witnesses.[3]

Original Judgment Upheld on Appeal

The Beijing High People's Court announced that it had rejected Liu Xiaobo's appeal and upheld the original sentence of 11 years' imprisonment and two years' deprivation of political rights.

The ruling was dated February 9, 2010, two days before the announcement.[4]

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-747217Congressional-Executive Commission on China

    Evidence location: 日期与首段起诉、预定开庭信息。

  2. [2]

    CNHRA-S-068793Congressional-Executive Commission on China

    Evidence location: Date and opening paragraph on the judgment, sentence and appeal.

  3. [3]

    CNHRA-S-177971Congressional-Executive Commission on China

    Evidence location: 日期、导语及程序争议相关段落。

  4. [4]

    CNHRA-S-572634Congressional-Executive Commission on China

    Evidence location: Date and opening paragraphs distinguishing the announcement date from the date on the court document.

  5. [5]

    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.

  6. [6]

    CNHRA-S-109317Beijing No. 1 Intermediate People's Court

    Evidence location: 旧链接正文未读取;身份旁证:研究论文(Un)Doing Constitutionalism: the Cases of Liu Xiaobo and Xu Zhiyong脚注9,https://publications.aston.ac.uk/id/eprint/40310/1/Undoing_constitutionalism.pdf(仅核对到搜索索引)。

  7. [7]

    CNHRA-S-232719Beijing High People's Court

    Evidence location: 旧链接正文未读取;身份旁证:HRIC提交文件脚注84,https://www.hrichina.org/sites/default/files/161120_hric_submission_to_srfoe.pdf(仅核对到官方域名搜索索引)。

  8. [8]

    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-133969