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谢长发“涉嫌颠覆国家政权”案 公安局正式移送检察院审查起诉
2008-11-14

中国民主党湖南地区的负责人谢长发 “涉嫌颠覆国家政权”一案已由公安局正式移送到检察院审查起诉。谢长发的辩护律师透露，当局起诉理由之一是谢长发筹划召开全国中国民主党第一次代表大会。自由亚洲电台驻香港特约记者心语采访报导

中国民主党湖南地区的负责人谢长发在今年6月25日被长沙国保抓走，之后于8月1日被长沙检察院以“涉嫌颠覆国家政权”批准逮捕。本台记者星期五上午接获谢长发的代表律师马纲权告知，他在谢长发被抓四个多月之后才首次见到当事人。马纲权说该案已经由公安局正式移送到检察院审查起诉，他告诉本台记者：“现在是公安机关已经送到检察院，指控他是颠覆国家政权，不说他是煽动，直接说他是颠覆，这颠覆国家政权的罪名肯定比煽动颠覆国家政权要更为严重。”

马纲权透露，当局起诉理由之一是谢长发筹划召开全国中国民主党第一次代表大会：“今年的六月八号谢长发和其它的一些民主党成员，在湖南长沙的一个宾馆聚会，他们研究如何召开中国民主党一大，首先是安排两到三个省的代表见面，第二步是四到八个省的代表见面，然后第三步是至少十六个省的代表见面，商讨如何召开全国性的会议。这就是起诉书中指控他颠覆国家政权的理由。”马律师表示，当局的指控是没有道理的，因为宪法中表明人民有结社集会自由。马律师还说，谢长发看上去比以前瘦，他曾问了谢长发当局是否曾进行严刑逼供，谢长发说他在里面每天要干一定的活，尚未遭到虐待。

本台记者多次致电负责此案的主办检察官王先生，但电话一直无人接听。记者于是再打电话给长沙国保大队副对长王德华，但对方一听到记者查寻谢长发，便立即挂断电话。

谢长发的弟弟谢长祯在六月底和谢长发一起被当地警方拘捕，之后于7月17号以取保候审的名义获释。对于哥哥的案件被公安局正式移送到检察院审查起诉，他表示：“我希望律师能做无罪辩护，我们本来就没有罪，你共产党能够成立政党，那别人为何不可以？而且共产党还没注册呢，为什么他们就可以存在？他们不也一样没注册？”

谢长发被拘留之后，多位与他曾接触过的人士都遭各地方当局的传唤或拘留。如甘肃的王凤山，岳天祥，贵州的陈西，还有东北的王文江，。和谢长发同属湖南民主党成员的刘建安告诉记者，当局害怕全国各地的民主党成员聚集在一起，因此事前要把谢长发拘留：“当局要把我们的见面控制在萌芽状态时就要消灭，他就不让你搞。”

以上是自由亚洲电台驻香港特约记者心语采访报导
 
More Olympics 'Security': Xie Changfa Detained
CHRD
On August 2, Xie Changfa, a member of China Democracy Party, was formally arrested on "inciting subversion of state power".

Xie becomes yet another victim of the nation-wide crackdown on activists and dissidents in the name of "Olympics security". Xie's arrest came shortly after that of Wang Rongqing, another member of China Democracy Party who was formally arrested on "inciting subversion of state power" on July 31.

Xie, in his 50s, is a veteran democracy activist based in Changsha City, Hunan Province. In 1998, he was imprisoned for organizing China Democracy Party Hunan Branch. On June 10, 2008, Xie met up with another member of China Democracy Party, Yue Tianxiang. Following the meeting, Xie was put under tightened monitoring. In late June, Xie was taken into detention by the National Security police from Changsha Public Security Bureau (PSB) Yuhua Sub-division. On June 25, Xie was criminally detained on suspicion of "inciting subversion of state power". Xie's arrest is believed to be related to his activities associated with the China Democracy Party, as police searched his home and confiscated copies of the bylaws and publicity materials of the China Democracy Party.
 
From CHRD
Wednesday, August 06, 2008
Our URL: http://www.observechina.net
Follow-up of case CHN 250708_Arbitrary detention of Mr. Xie Changfa and fear for his safety


Case CHN 250708.1
Follow-up of case CHN 250708
Arbitrary detention/ Fear for safety

Geneva, 08 August 2008

The International Secretariat of the World Organisation Against Torture (OMCT) has received new information in the following situation in the People's Republic of China.

New information

The International Secretariat of OMCT has been informed by a reliable source and Antenna International, member organisation of OMCT SOS-Torture Network, that Mr. Xie Changfa has been formally arrested on “inciting subversion to state power” on 2 August 2008[1]. Mr. Xie Changfa is currently detained at Changsha City Detention Center.

According to the information received, Mr. Xie Changfa is a veteran democracy activist based in Changsha City, Hunan Province. In 1998, he was reportedly imprisoned for organizing China Democracy Party Hunan Branch. On 10 June 2008, Mr. Xie Changfa met up with another member of China Democracy Party, Mr. Yue Tianxiang, and was allegedly subsequently put under tightened monitoring. In late June, he was taken into detention by the National Security police from Changsha Public Security Bureau (PSB) Yuhua Sub-division.

According to the same information, Mr. Xie Changfa’s arrest is believed to be related to his activities associated with the China Democracy Party, as police searched his home and confiscated copies of the bylaws and publicity materials of the China Democracy Party.

The International Secretariat of OMCT is gravely concerned for the safety of Mr. Xie Changfa, who, according to the information received, was arrested and detained solely for his peaceful political belief and his rights to freedom of expression, association and assembly. OMCT fears that he may be subject to torture and ill-treatment. OMCT recalls that China is a State party to the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment which prohibits torture and cruel, inhuman or degrading treatment. OMCT urges the authorities to conform with China’s international human rights obligations, commitments that were reaffirmed on the occasion of its election as a member of the new United Nations Human Rights Council.

Reminder of the Situation

According to the information received, on 25 June 2008, the Yuhua branch office of the Changsha PSB detained Mr. Xie Changfa on ground of “suspicion of subverting state power”. His brother, Mr. Xie Changzhen, and a teacher surnamed Wu were also detained. Mr. Xie Changzhen was reportedly released on 17 July 2008 to await trial as he was not charged with a serious offence, while Wu was reportedly released earlier.

Furthermore, on 9 July 2008, Tianjin National Security police reportedly detained Tianjin-based dissident, Mr. Lü Honglai, while he was out visiting friends. On 14 July 2008, Mr. Lü’s wife, Mrs. Li Jiyan, went to the Tianjin Municipal State Security Bureau and was reportedly only told by authorities that Mr. Lü Honglai was “under investigation by the relevant department”. His current whereabouts are unknown. His wife reportedly asked but the authorities did not provide with any information.

In recent weeks, authorities have reportedly stepped up efforts to detain, arrest, and harass numerous rights activists[2] and dissidents in the name of Olympics "security”.

Actions Requested

Please write to the authorities in the People’s Republic of China urging them to:

  1. Guarantee, in all circumstances, the physical and psychological integrity of Mr. Xie Changfa;
  2. Guarantee immediate and unconditional access to legal representation, his family and any medical treatment he may require;
  3. Order his immediate release in the absence of valid legal charges that are consistent with international law and standards, or, if such charges exist, bring him before an impartial, independent, competent and fair tribunal and guarantee his procedural rights at all times;
  4. Order a thorough and impartial investigation into these events in order to identify all those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
  5. Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses

  • Mr. Wen Jiabao, Prime Minister of the People’s Republic of China, Guojia Zongli, The State Council General Office, 2 Fuyoujie, Xichengqu, Beijingshi 100017, People’s Republic of China, Fax: +86 10 65961109 (c/o Ministry of Foreign Affairs)
  • Mr. Wu Aiying, Minister of Justice of the People’s Republic of China, Buzhang Sifabu, 10 Chaoyangmen Nandajie, Chaoyangqu, Beijingshi 100020, People’s Republic of China, Fax: +86 10 6529 2345, minister@legalinfo.gov.cn / pfmaster@legalinfo.gov.cn
  • Mr. Yang Jiechi, Minister of Foreign Affairs of the People’s Republic of China, Buzhang Waijiaobu, 2 Chaoyangmen Nandajie, Beijingshi 100701, People’s Republic of China, Fax: +86 10 6588 2594, Email: ipc@fmprc.gov.cn;
  • Mr. Meng Jianzhu, Minister of Public Security of the People’s Republic of China, Buzhang, Gong’anbu, 14 Dongchang’anjie, Dongchengqu, Beijingshi 100741, People’s Republic of China, Fax: +86 10 63099216
  • Mr. Ma Zhenchuan, Director of the Beijing Public Security Bureau, Juzhang, Beijingshi Gong’anju, 9 Qianmen Dongdajie, Dongchengqu, Beijingshi 100740, People’s Republic of China, Fax: +86 10 85222320, Email: wbjc2sohu.com
  • Permanent Mission of the People’s Republic of China, Ch. De Surville, CP 85, 1213 Petit-Lancy 2, Suisse, e-mail: mission.china@ties.itu.int, Fax : +41 22 793 70 14
  • Embassy of the People’s Republic of China in Brussels, Avenue de Tervuren, 463 1160 Auderghem, Belgium, Tel: + 32 2 663 30 10 / + 32 2 663 30 17 / +32 2 771 14 97 / +32 2 779 43 33; Fax: +32 2 762 99 66 / +32 2 779 28 95; Email: chinaemb_be@mfa.gov.cn

Please also write to the embassies of the People’s Republic of China in your respective country.

Geneva, 08 August 2008

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.

[1] In China, the police usually carry out arrests without a warrant, the official arrest taking place subsequently.  

[2] See The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), latest urgent appeals on www.omct.org.