CNHRA EVENT RECORD · CNHRA-E-527418
Xu Zhiyong and Ding Jiaxi: Detention, Trials and Subsequent Developments after the Xiamen Gathering
Date
2019-12-26 — 2025-10-16
Location
Guangdong and Shandong, China
Event Type
Detention · Arrest · Trial · Sentencing
Human Rights Issues
Freedom of Expression · Freedom of Association · Right to a Fair Trial · Arbitrary Detention · Right to Liberty and Security
Record ID
CNHRA-E-527418
Summary
On February 15, 2020, Xu Zhiyong was criminally detained on suspicion of inciting subversion of state power. He was placed under residential surveillance at a designated location the following day and formally arrested on June 19, 2020. On August 5, 2021, the Linyi Municipal People's Procuratorate in Shandong Province indicted him for subversion of state power. The Linyi Municipal Intermediate People's Court held a closed trial on June 22, 2022, stating that the case involved state secrets. On April 10, 2023, the court publicly announced a sentence of 14 years in prison and four years' deprivation of political rights. The judgment itself was dated April 9. According to a Chinese government reply submitted to the United Nations, the Shandong High People's Court upheld the judgment in November 2023. The UN Working Group on Arbitrary Detention had previously found the deprivation of Xu's liberty examined in its opinion to be arbitrary. Human Rights Watch criticized aspects of the proceedings, while the Chinese government stated that the judicial process was conducted according to law. Ding Jiaxi was taken into custody on December 26, 2019 and sentenced to twelve years and three years’ deprivation of political rights on April 10, 2023. The government’s 2025 reply records the sentence being upheld on November 24, 2023.[4][2][3][5][6][7][8]
Description
In December 2019, Xu Zhiyong, Ding Jiaxi, and others attended a gathering in Xiamen, Fujian Province, where participants discussed civil rights, the rule of law, and public affairs. The gathering later became a disputed element of the criminal proceedings. Prosecutors cited related activities in their allegations, while Xu denied that his conduct constituted subversion of state power.[2][6]
According to the public English translation of the 2023 first-instance judgment, Xu was criminally detained on February 15, 2020, on suspicion of inciting subversion of state power. He was placed under residential surveillance at a designated location the following day. On May 7, the case was transferred to the Yantai public security authorities in Shandong Province. Xu was formally arrested on June 19, 2020.[2]
On August 5, 2021, the Linyi Municipal People's Procuratorate indicted Xu for subversion of state power. Prosecutors alleged that Xu and others had organized and planned activities intended to subvert state power. Xu and his defense lawyers disputed the allegations, the legality of evidence, and the application of criminal law. Xu argued that his writings, statements, and participation in gatherings constituted the exercise of citizens' freedom of expression and involvement in public affairs.[2]
The Linyi Municipal Intermediate People's Court held a pre-trial conference on June 17, 2022. On June 22, the court conducted a closed trial, stating that the case involved state secrets. The court ultimately rejected the principal arguments presented in Xu's defense.[2]
On April 10, 2023, the court publicly announced its first-instance judgment, convicting Xu of subversion of state power and sentencing him to 14 years in prison and four years' deprivation of political rights. The publicly available judgment translation shows that the judgment was dated April 9. According to a Chinese government reply submitted to the United Nations in 2025, the Shandong High People's Court upheld the judgment in November 2023. The registered reply does not specify the exact date of the appellate decision.[2][4][5]
On November 26, 2020, the Working Group on Arbitrary Detention adopted Opinion No. 82/2020, finding categories I, II, III and V arbitrary detention in the detention under review.[3]
Human Rights Watch criticized violations of expression, association and fair-trial rights. China replied to the UN that proceedings followed the law and procedural rights were protected.[6][4]
China Change published an English translation of Xu’s appeal statement dated August 2023, discussing politics, society and public affairs.[1]
Ding Jiaxi’s public indictment records referral for prosecution review on January 19, 2021, two returns for supplementary investigation and an indictment for subversion dated August 5.[9]
In congressional testimony on February 1, 2024, Sophie Luo said the families learned that Ding had been transferred to Jiangbei Prison in Hubei and Xu to Lunan Prison in Shandong in November 2023. She also said the families had not received the judgments at that time.[10]
In October 2025, Li publicly described a letter withheld by Lunan Prison and sought written revision instructions, disclosure, prosecutorial oversight and administrative reconsideration.[11]
Developments
Taken into custody again
The Working Group opinion recounts police taking Ding from a residence in Beijing.[7]
Placed under RSDL
The indictment records criminal detention on December 26 followed by RSDL the next day.[9]
Xu Zhiyong: Criminally Detained
Xu was criminally detained on suspicion of inciting subversion of state power. This initial suspected offense differed from the charge later brought by prosecutors.[2]
Xu Zhiyong: Residential Surveillance at a Designated Location
Xu was placed under residential surveillance at a designated location.[2]
Case transferred to Yantai police
The public translation of the 2023 judgment records transfer of the case to Yantai police in Shandong.[2]
Formally Arrested
The public translation of the 2023 judgment records that Xu was formally arrested on June 19, 2020.[2]
UN Working Group Adopts Opinion on Arbitrary Detention
The UN Working Group on Arbitrary Detention adopted Opinion No. 82/2020. It found the deprivation of Xu's liberty examined in the opinion to be arbitrary under categories I, II, III, and V.[3]
Case referred for prosecution review
The case was referred to the Linyi procuratorate for prosecution review.[9]
Notice of right to retain counsel
The indictment records notice of the right to retain defense counsel.[9]
First return for supplementary investigation
The case was returned for supplementary investigation and resubmitted on April 6.[9]
Second return for supplementary investigation
The second supplementary investigation was followed by resubmission on June 21.[9]
Indicted
The Linyi Municipal People's Procuratorate in Shandong Province indicted Xu for subversion of state power.[2]
Procuratorate issues indictment
Indictment Z42 (2021) charges subversion; its descriptions of meetings and activities are prosecution allegations.[9]
Xu Zhiyong: Pre-Trial Conference
The Linyi Municipal Intermediate People's Court held a pre-trial conference.[2]
Closed-Door Trial
The Linyi Municipal Intermediate People's Court held a closed-door trial. The court stated that the case involved state secrets.[2]
Xu Zhiyong: Sentenced to Fourteen Years in Prison
Twelve-year first-instance sentence
China’s reply records a sentence of twelve years and three years’ deprivation of political rights imposed by Linyi Intermediate People’s Court.[4]
Judgment Upheld on Appeal
According to a Chinese government reply submitted to the United Nations, the Shandong High People's Court upheld the judgment in November 2023. The reply does not specify the exact date.[5]
Xu and Ding: family reports prison transfers
Luo’s February 2024 testimony reports Ding’s transfer to Jiangbei Prison in Hubei and Xu’s transfer to Lunan Prison in Shandong.[10]
Ding Jiaxi: Government records appeal rejected
Account of blocked correspondence published
Li published Waiting for a Letter, describing her July letter, revision and attempts to resolve its withholding.[11]
Reported receipt of a letter from Xu
Safeguard Defenders reports receipt of Xu’s letter confirming delivery of two September letters, but not the July letter.[13]
Related People
Organizations
- Haidian Branch of the Beijing Municipal Public Security Bureau
- Yantai Municipal Public Security Bureau
- Linyi Public Security Authorities
- Linyi Municipal People's Procuratorate
- Linyi Municipal Intermediate People's Court
- Shandong High People's Court
- UN Working Group on Arbitrary Detention
Documents
2025-10-12
Sources
- [1]
CNHRA-S-659283China Change
Evidence location: 发布页正文;当事人或辩护人署名及编辑说明。
- [2]
CNHRA-S-491736China Change
Evidence location: (2021)鲁13刑初44号;被告人基本情况、强制措施、起诉与审判程序、检察机关指控、辩护意见、法院认定及判决主文。
- [3]
CNHRA-S-825104United Nations Working Group on Arbitrary Detention
Evidence location: A/HRC/WGAD/2020/82;第78—80段(工作组结论及建议);文件末尾意见通过日期。
- [4]
CNHRA-S-307581Government of the People's Republic of China (UN Special Procedures Communications Database)
Evidence location: HRC/NONE/2023/SP/38, section A, The cases of Xu Zhiyong and Ding Jiaxi: sentences, procedural rights and appeals.
- [5]
CNHRA-S-562940Permanent Mission of the People's Republic of China to the United Nations Office at Geneva
Evidence location: CHN/HR/2025/3;关于2023年11月二审维持原判的段落;文件首页日期。
- [6]
CNHRA-S-730526Human Rights Watch
Evidence location: 2023年4月10日新闻稿;一审判刑、审判程序及羁押待遇争议相关段落。
- [7]
CNHRA-S-913785UN Working Group on Arbitrary Detention
Evidence location: Paragraphs 4–5, 8, 19 and 85–89; adoption date at end, 8 September 2021.
- [8]
CNHRA-S-188382Government of China / United Nations
Evidence location: PDF cover dated 29 April 2025; sections I.A, I.B, I.D and III.
- [9]
CNHRA-S-890395临沂市人民检察院 / China Change
Evidence location: Five pages, indictment Z42 (2021); page 1 procedural dates; page 5 signature date.
- [10]
CNHRA-S-384320Congressional-Executive Commission on China
Evidence location: Page 1: family account of prison transfers in November 2023.
- [11]
CNHRA-S-790474李翘楚 / Freedom is not Free
Evidence location: Body: letter written July 8, resent July 30, reported withholding August 26 and nine legal submissions.
- [12]
CNHRA-S-139204Front Line Defenders
Evidence location: Case update: appeal rejected November 24, 2023; wife reports denial of full judgment.
- [13]
CNHRA-S-979718Safeguard Defenders
Evidence location: Waiting for a letter and UPDATE: reported receipt on October 16 and reconsideration result on October 18.