CNHRA EVENT RECORD · CNHRA-E-684291
Xu Zhiyong's 2013–2014 Detention, Trial, and Appeal
Date
2013-07-16 — 2014-04-11
Location
Beijing, China
Event Type
Detention · Arrest · Trial · Sentencing
Human Rights Issues
Freedom of Expression · Freedom of Peaceful Assembly · Right to a Fair Trial · Right to Liberty and Security
Record ID
CNHRA-E-684291
Summary
On July 16, 2013, Xu Zhiyong was criminally detained in Beijing on suspicion of 'gathering a crowd to disrupt order in a public place.' He was formally arrested on August 22. On December 13, 2013, the Beijing Municipal People's Procuratorate Branch No. 1 indicted him on that charge. The Beijing No. 1 Intermediate People's Court held the trial on January 22, 2014, and sentenced Xu to four years in prison on January 26. Xu subsequently appealed. According to a U.S. Department of State statement dated April 11, 2014, Xu's appeal was rejected and his four-year sentence upheld. The appellate ruling has not been obtained, and its exact date remains to be verified. Human rights organizations raised concerns regarding the civic activities underlying the prosecution, the basis for the conviction, and the judicial proceedings.[2][3][4]
Description
Xu participated in the Open Constitution Initiative and New Citizens Movement, addressing educational equality, officials’ asset disclosure and civic participation. He was criminally detained on July 16, 2013, and formally arrested on August 22 on a public-order charge.[2][3]
Beijing Procuratorate Branch No. 1 indicted him on December 13 over public gatherings in 2012–2013. The court held a pretrial conference on January 17, 2014, and trial on January 22. Xu and counsel disputed facts, evidence and legal interpretation.[2]
Beijing No. 1 Intermediate Court imposed four years on January 26. Xu appealed; Liu Shuqing’s published defense challenged factual findings, evidence and procedure and invoked expression and assembly rights. A US State Department statement on April 11 records rejection of the appeal and calls for release.[2][1][4]
Xu’s 2012 essay on a New Citizens Movement discussed public expression, civic responsibility, educational equality and oversight of power. It sets out the ideas behind his civic activities; an English translation appeared in July 2012.[5]
Developments
Writes essay on a New Citizens Movement
The signed essay discusses civic responsibility, equality, openness and public participation.[5]
Criminally Detained
Xu Zhiyong was criminally detained in Beijing on suspicion of gathering a crowd to disrupt order in a public place.[2]
Formally Arrested
Indicted in first case
The public translation of the 2014 judgment records indictment by Beijing Procuratorate Branch No. 1 for gathering a crowd to disrupt order in a public place.[2]
Pretrial conference in first case
The court holds a pretrial conference addressing jurisdiction, witness appearances and evidence.[2]
First-Instance Trial
Sentenced to Four Years in Prison
The Beijing No. 1 Intermediate People's Court sentenced Xu to four years in prison for gathering a crowd to disrupt order in a public place. The basis for the conviction and aspects of the proceedings were disputed.[2]
U.S. Department of State Issues Statement on Appeal Outcome
The US Department of State issued a statement reporting that Xu’s four-year sentence had been upheld on appeal and calling for his release.[4]
Related People
Organizations
- Beijing Public Security Authorities
- Beijing Municipal People's Procuratorate Branch No. 1
- Beijing No. 1 Intermediate People's Court
- Beijing High People's Court
Documents
Sources
- [1]
CNHRA-S-284617New Citizens Movement (public mirror)
Evidence location: 发布页正文；当事人或辩护人署名及编辑说明。
- [2]
CNHRA-S-638214Human Rights in China (Reproduction of Court Judgment Translation)
Evidence location: （2013）一中刑初字第5268号；被告人基本情况、起诉程序、庭前会议、审判程序、判决主文及落款日期。
- [3]
CNHRA-S-194683Human Rights Watch
Evidence location: 2014年1月新闻稿；案件背景、庭审情况及程序争议相关段落。
- [4]
CNHRA-S-456812U.S. Department of State
Evidence location: 2014年4月11日声明；首段关于二审驳回上诉及维持四年刑期的记录。
- [5]
CNHRA-S-361611China Change
Evidence location: Essay and editor’s note: original dated May 29, 2012; authorized English translation.