Statement by Xu Wenli, Huang Hua, and Wang Xizhe Concerning the Verdict of Xu Wanping
On December 21, 2005 the Chongqing No. 1 Intermediate People's Court announced the verdict in the case of Chinese dissident Mr. Xu Wanping.
In the verdict, the Chinese Democratic Party, its overseas active members Xu Wenli and Huang Hua, and its consultant Wang Xizhe were repeatedly mentioned. The relationship of Mr. Xu Wanping to these people was the crucial evidence used to find Mr. Xu guilty. We are outraged and confused by this and issue the following statement to express our opinions and protest:
1. The case against Mr. Xu Wanping heard by the Chongqing No.1 Intermediate People's Court involved Xu Wenli, Huang Hua, and Wang Xizhe in many places. However, the court only used unreliable e-mail messages as evidence without ever summoning Xu, Huang, or Wang as witnesses to provide direct testimony or clarification. This is unfair to Mr. Xu Wanping and must have led to errors in the authentication of the evidence.
For example, Wang Xizhe never provided 5000 RMB to assist Mr. Xu Wanping to purchase computer equipment. The verdict stated, "In July 2003, Wang (Xizhe) asked Guangdong resident Li Shaobin to transfer
5000 RMB to the bank account of Xu Wanping's wife, Chen Xianying and paid Li a handling fee for this. . . . Li Shaobin did not know the relationship between the person transferring the funds and the recipient and was not acquainted with either party." Given this, without direct testimony from Wang Xizhe, how could the court verify that it was indeed Wang who requested Li Shaobin to transfer the funds? Relying only on a so-called "verification explanation issued by the Domestic Security Division of the Chongqing Public Security Bureau" is no doubt one-sided and is a case of "guilty until proven innocent" based on a priori speculation.
With respect to Huang Hua's money remittance, even the slightest analysis will show that the court made the wrongful determination utilizing erroneous materials.
The sections concerning Xu Wenli have similarly misleading information leading to a wrongful conviction.
We therefore request that the Chongqing Municipality Higher People's Court summon Xu Wenli, Huang Hua, and Wang Xizhe as witnesses for the trial of second instance to provide direct testimony regarding all
2. Most crucially, in the case against Mr. Xu Wanping as well as in nearly 100 cases against activists from the Chinese Democratic Party (CDP) over the past 10 years, the trials and verdicts by the Chinese courts were based on the assumption that the CDP is an "hostile organization" with intent to topple the current Chinese
political regime. Applying this assumption as the foundation for court judgments is totally wrong.
The CDP is political party that advocates political reforms in China through "open, rational, and peaceful non-violent" means. The CDP's basic program calls for "freedom of political association and establishment of a constitutional democracy with checks and balances." These have been the common ideals of countless patriots for more than a century, including the founders of the Chinese Communist Party (CCP). The goals of the CDP do not go beyond the political platform set forth by the CCP during its struggle and sacrifice for the democratic liberation of the Chinese people. Having taken power, the CCP has failed to realize these objectives. This is a historical mistake by the CCP. The program of the CDP merely calls on the CCP to correct its mistakes, so how is it possible to label the CDP as a "hostile organization" with the intention of overthrowing the current
We note that in the trial against Xu Wanping, the Chongqing No.1 Intermediate People's Court for the first time explicitly cites as evidence the PRC Ministry of Public Security's "Memorandum" establishing the nature of the Chinese Democracy Party and that this was listed as the first item of evidence in establishing Xu Wanping's
"1. The PRC Ministry of Public Security's memorandum establishing the'Chinese Democracy Party' as a hostile organization verifies: The'Chinese Democracy Party' was established in June 1998 and has affiliated organizations in China and overseas. This organization is antagonistic toward our people's democratic regime and socialist system and organizes and carries out activities that threaten national security. According to Article 4 of the "PRC National Security Law" and Article 5 of the "Detailed Rules for Implementing the PRC National
Security Law," the Ministry of Public Security confirms the 'Chinese Democracy Party' to be a hostile organization."
We believe that the above "Memorandum" settling the nature of the CDP that the PRC Ministry of Public Security provided to the court is in error.
3. As we know, after June 1998, in accordance with the civil rights bestowed by the constitution, the CDP established organizing committees in the different provinces and applied for registration with the local civil affairs agencies. Afterwards, some of the local organizing committees became local CDP branches.
If after investigation, the Ministry of Public Security determined the CDP to be a 'hostile organization,' it should have, together with the Ministry of Civil Affairs, formally banned the CDP for "carrying out activities to organize a social organization or carrying out activities in the name of unregistered organization without authorization," in accordance with article 35 of the PRC's "Administrative Regulations for the Registration of Social Organizations." The fact is that even during the Cultural Revolution, when citizens' rights were trampled on the most, the Ministry of Public Security under Xie Fuzhi always made such public announcements when banning so-called "reactionary organizations," thereby enabling the members of these groups to comply or appeal. But after June 1998 the Ministry of Public Security never made any formal announcement of or explained the reasons for banning the CDP; instead it secretly provided the courts at all levels with its "Memorandum" establishing the nature of the CDP and used it internally-controlled official evidence for the trial and conviction of the CDP. This is completely illegal and not in accordance with the spirit of establishing a fair and open country that is ruled by law, because it secretly deprives the citizens who applied to organize the CDP of their rights to appeal the decision by the Ministry of Public Security to establish the CDP's nature. Looking at it this way, does it not seem that the Chinese Ministry of Public Security of today does not even have as much
respect for legal procedure and citizens' rights as the Cultural Revolution-era Ministry of Public Security under Xie Fuzhi?
4. We strongly request that the PRC Ministry of Public Security formally announce its judgment, with clear reasons, on the nature of the CDP. Members of the CDP are willing to file an administrative lawsuit against the judgment and reasoning of the Ministry of Public Security in a People's Court in Beijing and await the court's fair and public decision about the Ministry's decision, based on the constitution and laws of the PRC. The CDP will abide by the decision. If possible, Wang Xizhe, Xu Wenli, and Huang Hua would be willing to return to China for this suit and take all necessary responsibilities of such action.
We understand that, due to the political system, the present laws in the PRC are often biased toward limiting citizens' rights rather than protecting them and that the law will not necessarily be of use to a citizen suing to protect his or her own rights. Nevertheless, to take such action will, at least insofar as procedural fairness is
concerned, mark a step forward toward a truly civilized China ruled by laws.
We hereby solemnly request the Standing Committee of the National People's Congress of the People's Republic of China, the Supreme People's Court and people's courts of all levels, the Ministry of Public Security, and the Ministry of Civil Affairs to consider and accept the contents of this statement.
January 22, 2006
Xu Wenli, Coordinator, Chinese Democratic Party Headquarters for Members in Exile Overseas. Currently living in Rhode Island, USA. Email:email@example.com
Huang Hua, Deputy General Secretary, Chinese Democratic Party Headquarters for Members in Exile Overseas. Currently living in London, UK. Email:firstname.lastname@example.org
Wang Xizhe, Consultant, Chinese Democratic Party Headquarters for Members in Exile Overseas. Currently living in Oakland, CA, USA. Email:email@example.com
“1、中华人民共和国公安部确认‘中国民主党’ 为敌对组织的说明证实：‘ 中国民主党’于1998年6月成立，在国内外设有分支机构，该组织敌视我国人民民主政权和社会主义制度，组织策划实施危害国家安全的活动，根据《中华人民共和国国家安全法》第四条，及《中华人民共和国家安全法实施细则》第五条的规定，公安部认定‘中国民主党’为敌对组织。”我们认为，中华人民共和国公安部向法院提供的上述对中国民主党性质确认的《说明》是错误的。