The 9th Anniversary of 709 Crackdown on Human Rights Lawyers and Defenders: Ten Notable Events Over the Past Year

The 9th Anniversary of 709 Crackdown on Human Rights Lawyers and Defenders: Ten Notable Events Over the Past Year

29 Principles and China Change, July 1, 2024

This year, 2024, marks the 9th anniversary of the “709” crackdown on China’s human rights lawyers and rights activists that began in the summer of 2015. Since then, the Chinese authorities’ repression of these lawyers has continued nonstop, with harassment and restrictions extending to their relatives, including young children. At the same time, supporters in China and abroad have persisted in recognizing and calling attention to the challenges that the country’s human rights lawyers face — as well as the weight of their mission: to uphold the rule of law under one of the world’s most repressive regimes.

The following are ten major events concerning human rights lawyers and the rule of law in China that have taken place over the past year.

1. Lu Siwei’s forcible repatriation to China

Lawyer Lu Siwei (盧思位), who had his law license revoked for participating in the defense of the Hong Kong 12 (arrested for their 2020 attempt to flee to Taiwan by sea and tried in mainland China), has been indefinitely barred by the Chinese authorities from leaving the country under the pretext of “potential endangerment of national security.” In May 2021, Lu was obstructed at Shanghai Pudong Airport when he attempted to travel to the United States to participate in the U.S. State Department’s Hubert Humphrey Fellowship Program. Determined to escape the prolonged surveillance and persecution, and to reunite with his family in the U.S., Lu made another attempt to flee China. In July 2023, he crossed the southern Chinese border into Laos, and was arrested by local police on July 28.

Despite an urgent joint statement issued by 85 human rights organizations worldwide urging Laos not to deport Lu, the Laotian government repatriated him at the behest of the Chinese government. On October 11, U.S. State Department spokesperson Matthew Miller issued a statement: “The United States condemns the forced repatriation of People’s Republic of China (PRC) national and human rights lawyer Lu Siwei to the PRC from Laos, at the request of PRC authorities.”

The statement continued, “We call on the PRC to confirm Lu’s current location; allow for external verification by independent observers of Lu’s well-being, including access for doctors to treat Lu’s chronic health condition; and enable his access to a lawyer of his choosing.”

On October 28, Lu Siwei was released on bail and returned to his home in Chengdu on charges of illegally crossing the Chinese national border. He’s currently under tight surveillance, and we have little news regarding him of late.

2. 75-year-old Beijing human rights lawyer Li Yuhan released after serving a six-and-a-half-year sentence

Li Yuhan (李昱函), a human rights lawyer based in Beijing, suddenly went missing in October 2017, and was later formally arrested by the Heping District Public Security Bureau in Shenyang, Liaoning Province. The charge against the then 68-year-old Li was “picking quarrels and provoking trouble.” Later, she was falsely accused of “fraud” and prosecuted on both charges. Li spent over six years in detention without trial until, in October 2023, she was finally tried and sentenced to six and a half years in prison. She was released on March 24, 2024.

Li Yuhan was subjected to abuse in the detention center. Against Chinese law, Shenyang’s police, prosecutors and court delayed her case for such an extended period in order to force her to confess, common in cases of political prisoners. Sarah Brooks, Amnesty International’s China Affairs Director, commented on this, stating: “Lawyer Li has been arbitrarily detained for six years now as part of the authorities’ relentless suppression of activists, legal advocates or anyone who peacefully stands up for human rights in China. She should be at home with her family, not in prison for merely doing her job to defend peoples’ human rights.” 

3. Deceased rights lawyer Li Baiguang’s widow and son left China for the US

On July 18, 2023, ChinaAid and Voice of the Martyrs Korea published a joint announcement that Xu Hanmei (徐寒梅), the widow of deceased Chinese human rights lawyer Li Baiguang (李柏光), and their 12-year-old son Li Qingxin (李清心) had successfully emigrated to the United States and were seeking asylum. In February 2018, Li had suddenly and suspiciously died in Nanjing. Thereafter, his widow was closely surveilled and her movements controlled by the authorities to prevent her from making overseas contact.

On February 27, 2018, State Department spokeswoman Heather Nauert issued a statement on his sudden passing: “Dr. Li Baiguang devoted his career to defending the rights of vulnerable peoples, including religious minority groups. As recently as two weeks ago, Dr. Li Baiguang traveled to Washington to attend the National Prayer Breakfast and meet with senior State Department officials to advocate on behalf of these groups.”

In a statement authorized by the organization that arranged for her and her son’s emigration, Ms. Xu Hanmei said that she had “experienced a great deal of suffering in China.” This simple statement conveys the endless sorrow and pain endured by the families of those who gave their lives for the sake of human rights in China.

4. Lawyers Xie Yang of Hunan and Chen Jiahong of Guangxi imprisoned for the second time, pending trial

Lawyer Xie Yang (谢阳), one of the 709 lawyers, was rearrested by Changsha police in January 2022 and charged with “inciting subversion of state power.” This was related to his support for a local teacher, Li Tiantian, who had been forcibly sent to a psychiatric hospital over her online comments. Over two years have passed, and Xie’s case has yet to be tried or adjudicated. Xie Yang has refused to accept court-appointed lawyers and had not been allowed to meet his own lawyer until May 2023. Recently, his ex-wife disclosed more details about the severe abuse he has suffered in detention, including being handcuffed and shackled for two weeks, being forced to strip and reveal his genitals in front of surveillance cameras, and having his bank accounts frozen. Xie believed that the main reason for the stalling of his case is that the prosecution built its case on his online expressions as so-called evidence of crimes, which are unrelated to the charges against him, and that he has refused to admit the made-up guilt to satisfy the court.

Between December 2016 and January 2017, while in custody, Xie Yang revealed to his lawyers the details of the torture he had endured after being detained as a result of the 709 crackdown. Once these revelations were made public, it caused an international outcry, providing the international community with its first glimpses into the brutal treatment of the 709 lawyers a year and a half after the crackdown began.

The other lawyer who has been imprisoned twice in recent years without being tried or sentenced is Chen Jiahong (陈家鸿) from Guangxi Province. On April 29, 2019, Chen was criminally detained by the Public Security Bureau in Beiliu, a suburb of Yulin city, on charges of “inciting subversion of state power.” On December 14, 2021, he was sentenced to three years in prison by the Yulin Intermediate People’s Court in Guangxi on the same charge and was released on April 29, 2022. Just four months after his release, on September 22, Chen was criminally detained again for making statements online, this time on charges of “picking quarrels and provoking trouble.” He was later accused of the so-called crime of “forging company and official seals” and was transferred for prosecution. He has now been detained for a year and nine months, awaiting trial.

In cases where a political prisoner is held at length without trial or sentencing, the typical reason is failure on the part of the police, prosecution, and court system to have the accused accept representation by a state-appointed attorney, admit guilt, or both.

5. Lawyer Yu Wensheng and his wife indicted; teenager son institutionalized following multiple suicide attempts

On April 13, 2023, lawyer Yu Wensheng (余文生) and his wife Xu Yan (許艷) were intercepted by plainclothes police officers from the Shijingshan District Public Security Bureau in Beijing while on subway to attend an event at the EU Mission in Beijing. They were subsequently arrested, and jurisdiction over their case was transferred to Suzhou, Jiangsu Province. In May 2024, they were indicted by the Suzhou Intermediate People’s Court.

On the first anniversary of Yu and his wife’s arrest, the EU Mission posted a three-minute video on Weibo, calling for their unconditional release. The video garnered 300,000 views before being deleted a day after it was posted.

In March 2018, after the Chinese Communist Party amended the PRC constitution to abolish presidential term limits, lawyer Yu Wensheng was quickly arrested for his criticism of this move and later sentenced to four years in prison for “inciting subversion of state power.” At that time, their son, Yu Zhenyang (余鎮洋), was just 13 years old. The police raids, surveillance, stalking, blocking access to their home, and various threats had wrought a silent toll on his mental health. Following the recent simultaneous arrests of his parents, the police have prevented him from contacting the outside world for several months; in addition to isolating him, they have also repeatedly intimidated him. Under this worsening psychological pressure, the younger Yu has made several suicide attempts.

Yu Zhenyang is not alone in his experience. In the case of renowned Chinese human rights lawyer Gao Zhisheng (高智晟), who was tortured severely and has been missing since 2017, his teenage daughter, Gege (格格), was subjected to stalking, surveillance, and social ostracization, including bullying at her school. During the 2008 Beijing Olympics, Gege attempted to slit her wrists in despair. Fortunately, the next year Gege was able to escape to the United States together with her mother and younger brother, where her mental health gradually recovered.

Given Yu Zhenyang’s situation, we are deeply concerned about his mental and physical well-being.

6. 709 wives Li Wenzu and Wang Qiaoling attended an online international press conference organized by ‘Weiquanwang’

On April 11, 2024, Li Wenzu (李文足) and Wang Qiaoling (王峭嶺), respectively the wives of lawyers Wang Quanzhang (王全璋) and Li Heping (李和平) and two of the detainees in the 709 crackdown, attended an online international press conference put on by Weiquanwang (維權網, Rights Defense Network), and described their experiences over the past year.

Li Wenzu described incidents such as her family having their water and electricity cut off, being forced to terminate their lease and move, attempts by the police to drive them out of Beijing. Even when temporarily staying in hotels or at friends’ houses, the police would harass them under the pretense of anti-drug checks. Most painful was how their son was repeatedly forced out of school and unable to receive a normal education. This year, over 20 police officers even stormed the religious private school he had transferred to, forcing Wang and Li’s son to drop out again. Currently he can only attend online classes.

Li Heping’s wife Wang Qiaoling shared similar experiences at the press conference. Her family was also subjected to having their utilities cut off, their windows smashed, and being forced to vacate their residences. Last June, their daughter was forced to drop out of school. She suffered mental trauma from the repeated evictions. For her to relax and recover, her mother took her to a remote town in southern China to find relative peace. Due to the persecution they face, both Li Wenzu and Wang Qiaoling hope to send their children abroad so that they can have a normal education. However, the children of both families have been banned from leaving the country by the authorities on the grounds that it “potentially endangers national security.”

On April 15, 2024, the CHRD (Chinese Human Rights Defenders) website published a report titled “If I Do Not Obey, My Family Will Suffer,” detailing the persecution and collective punishment, such as implication of relatives, meted out to human rights lawyers and activists in China. The report highlighted the extreme and cruel tactics employed. The report received widespread coverage from international media following its publication.

7. Shanghai lawyer Zhang Zhan, sentenced to four years for reporting on the novel coronavirus outbreak in Wuhan, released on May 13, 2024

In the wake of the 709 crackdown, the Ministry of Justice amended administrative regulations to strictly control freedom of speech within the legal profession, imposing administrative penalties on lawyers for signing joint statements, issuing open letters, mobilizing online, and expressing support for various causes. Lawyer Zhang Zhan (张展) participated in signing a joint letter opposing these regulatory changes. Her lawyer’s license was revoked as a consequence. Prior to this, during the 2019 anti-extradition bill protests in Hong Kong, Zhang Zhan had supported the people of Hong Kong through performance art and was detained for two months as a result.

In February 2020, following the outbreak and spread of the novel coronavirus in Wuhan, Zhang Zhan went to Wuhan as a citizen journalist to conduct on-site reporting on the epidemic in the backdrop of heavy state media censorship. Her work revealed the sharp challenges locals faced in their daily lives under lockdown until she was arrested by Shanghai police that May 14. During her imprisonment, Zhang Zhan protested with a prolonged hunger strike, which put her in a life-threatening condition. Over one thousand Chinese citizens signed a petition calling for Zhang Zhan to receive comprehensive medical examination and urgent treatment. The European Union External Action also issued a statement regarding her deteriorating health.

The day after Zhang Zhan’s trial, then-U.S. Secretary of State Mike Pompeo issued a written statement on the case: “We call on the PRC government to release her immediately and unconditionally. The Chinese Communist Party (CCP) has shown once again it will do whatever it takes to silence those who question the Party’s official line, even regarding crucial public health information.”

Following her release on May 13, 2024, Zhang Zhan had no freedom of movement and no contact with the outside world. After considerable international concern, she was finally able to meet with friends. On June 9, Zhang Zhan was summoned by Shanghai police and threatened that she would be “going back in [to jail] if she crossed the red line again.”

8. Guangxi human rights lawyer Qin Yongpei attends pre-trial meeting in shackles, subjected to ‘strict supervision’ in prison

On March 31, 2023, lawyer Qin Yongpei (覃永沛) was sentenced to five years in the first instance, a verdict that he appealed. On August 14, 2023, forcibly shackled and brought to the pre-trial meeting for the second-instance trial, he made angry protests before the judge. After Qin was imprisoned, he was subjected to severe treatment and 24-hour surveillance. He was not allowed to use his own money to buy food to compensate for the poor quality of the prison’s meals. The prison authorities did not provide paper and pens, preventing him from writing letters, complaints, articles, or recording his thoughts. He was not allowed access to books or newspapers; he was not even allowed to exercise. Qin also called for the abolition of the “graded procurement system” for prisoners. After his protest, the prison director granted him a monthly purchasing limit of 100 yuan, the same as the lowest-level ordinary prisoners.

Qin Yongpei being forced to wear shackles in court and being strictly supervised in prison is a true reflection of the authorities’ efforts to humiliate and mistreat human rights lawyers. Even in such harsh conditions, Qin did not give up resistance.

9. In first case under Hong Kong’s Safeguarding National Security Ordinance,  imprisoned barrister Chow Hang-tung is re-arrested on charges of ‘incitement,’ along with multiple relatives

On May 28, 2024, days before the 35th anniversary of the Tiananmen Square massacre, Hong Kong police arrested six Hong Kong residents, including barrister Chow Hang-tung (鄒幸彤), who has already been incarcerated for another charge, and her mother, Chow Lau Wa-chan (鄒劉華珍), for the first time under Article 24 of the newly passed “Safeguarding National Security Ordinance” (《維護國家安全條例》on charges pertaining to “incitement.”

The Hong Kong police statement read: “A woman who is currently in custody, through the other five arrested individuals, has been continuously posting inflammatory posts on a social media page in an anonymous capacity since April 2024, using an upcoming sensitive date to incite hatred among citizens towards the central government, the government of the Special Administrative Region, and judicial institutions, with the intention of inciting netizens to later organize or participate in illegal activities.” Secretary for Security Chris Tang Ping-keung (鄧炳強) later stated that the case involved a social media page called “Little Tung Group Drawing Club” (小彤群抽會). The Hong Kong National Security Department subsequently arrested another resident, Chow Hang-tung’s uncle, in connection with her case.

Hong Kong is now caught in the vice grip of two sets of national security laws; one issued by the PRC central government and the other by the SAR itself. Any activity related to commemorating the Tiananmen massacre can be regarded as inciting hatred against the central government. Lawyer Chow has become the first person to be tried under the auspices of Hong Kong’s newly passed national security law. In response to these developments, Sarah Brooks, Director of Chinese Affairs at Amnesty International, stated: “Chow Hang-tung’s 1000th day in detention on national security charges is next week – on 4 June, no less – and the authorities seem intent on ensuring that her fight for freedom is even longer by adding new so-called crimes to her file.”

10. Chow Hang-tung, Xu Zhiyong, Ding Jiaxi, Li Yuhuan, and Zhou Shifeng respectively received the ‘Franco-German Human Rights Prize,’ the ‘CCBE Human Rights Award,’ the ‘Lin Zhao Freedom Award,’ and ‘Oscar China Human Rights Prize’

On December 10, 2023, International Human Rights Day, French Foreign Minister Catherine Colonna and her German counterpart Annalena Baerbock announced the recipients of the “Franco-German Human Rights and Rule of Law Prize,” among whom was Chow Hang-tung. They praised the awardees for defending fundamental human rights, standing up for those who cannot speak for themselves, such as women, refugees, sexual minorities, and prisoners, as well as for their unwavering commitment to justice, rights of political participation, and impartial reporting, even at the cost of sacrificing their freedom and sometimes their lives.

On November 24, 2023, at the plenary meeting held in Athens, the then President of the Council of Bars and Law Societies of Europe, Panagiotis Perakis, awarded the 2023 Human Rights Award to Chow Hang-tung, Xu Zhiyong (許志永), and Ding Jiaxi (丁家喜), all of whom are currently imprisoned. He expressed his hopes that this would highlight their outstanding commitment and sacrifices in upholding the law, as well as defending and advocating for human rights and respect for the rule of law, and as such, deserve the respect and recognition of the entire legal community.

On December 21, 2023, ChinaAid Association announced that the 2023 “Lin Zhao Freedom Award” (林昭自由獎) was awarded to Chinese human rights lawyer Ms. Li Yuhan. Dr. Bob Fu (傅希秋), speaking on behalf of the selection committee, made the following evaluation: “Li Yuhan’s courage and integrity are exemplary among Chinese human rights defenders. Just like the namesake of the award, Lin Zhao, Li’s decades-long tireless efforts have demonstrated her unwavering dedication to pursuing a freer China.”

On February 19, 2024, the organizing committee of the 11th Oscar China Human Rights Awards selected four individual winners and one group award. Lawyer Zhou Shifeng (周世鋒), persecuted in the 709 crackdown, was one of the recipients.

Chiow Hang-tung, Xu Zhiyong, Ding Jiaxi, Li Yuhan, and Zhou Shifeng are among the outstanding human rights lawyers in Hong Kong and mainland China. They have persevered and continue to persevere, even as some of them endure a second or even third round of imprisonment. It is heartening to see that the governments of democratic countries, international professional organizations, and international human rights institutions have not forgotten them. These international awards serve as powerful moral support and will continue to inspire others in the global legal community to carry on in the fight for human rights and the rule of law.

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