[Post-Press Release] Subversion Charges Applied to Rights Lawyers for the First Time: Press Conference in Support of Chinese Human Rights Lawyers

Following the first anniversary of the 709 Crackdown, the Chinese government successively arranged for Ch'ao Wei, assistant to human rights lawyer Li P'ing, and human rights lawyer Wang Yü to be "released" after making public confessions. On August 1, the Supreme People's Procuratorate of the People's Republic of China released a video on its official Weibo account titled "Beware of Color Revolutions," accusing foreign forces of infiltrating China and elevating "rights-protecting lawyers" to a national security issue on par with Tibetan, Xinjiang, Hong Kong, and Taiwan independence. Concurrently, from August 2 to 5, rights activist Chai Yen-min was sentenced to 3 years in prison with a 4-year probation, rights activist Hu Shih-ken to 7 years and 6 months in prison, human rights lawyer Chou Shih-feng to 7 years in prison, and rights activist Kou Hung-kuo to 3 years in prison on charges of "subversion of state power." This marks the first instance of the Chinese government applying the charge of subversion of state power to rights lawyers. Other individuals detained in the 709 Crackdown, including human rights lawyers Li P'ing, Wang Ch'üan-chang, and Hsieh Yen-yi, as well as other rights activists, remain imprisoned.

In response to the Chinese government's recent series of judicial actions and propaganda smears against rights lawyers, the "Taiwan Support Network for Chinese Human Rights Lawyers" held a press conference chaired by convener Attorney Kuo Chi-jen on Monday, August 8, at 09:30 in Meeting Room 103 of the Legislative Yuan's Chung-Hsing Building. Democratic Progressive Party (DPP) Legislators Ku Li-hsiung and Yu Mei-nu, New Power Party Legislator Kao潞・Yi-yung (Kao Lu Yi Yong), Social Democratic Party Professor Fan Yün, Judicial Reform Foundation Executive Committee Member Attorney Chou Yü-hsiu, Taiwan Association for Human Rights, Taiwan Alliance to Care for Human Rights in China Convener Yang Hsien-hung, and Initiatives for China founder Yang Chien-li were invited to jointly support Chinese human rights lawyers and demand that Beijing stop its political persecution under the guise of the judiciary!

The press conference began with the screening of a satirical short film titled "How to Stage a Public Trial," followed by the release of the "Joint Statement by Taiwanese and Hong Kong Civic Groups Calling on Chinese Authorities to Immediately Quash the Sentences of Hu Shih-ken, Chou Shih-feng, Chai Yen-min, and Kou Hung-kuo," which was co-signed by 16 civic groups from Hong Kong and Taiwan. The statement outlines six demands:

1. Strongly condemn the illegal acts of the Chinese authorities in depriving the four individuals of their procedural rights and trampling upon the Constitution of the People's Republic of China and the Criminal Procedure Law, including but not limited to: the right to meet with lawyers, the right to correspond with family members and lawyers, the right to timely legal assistance, the right to be free from torture and inhuman treatment, the right not to be compelled to incriminate oneself, and the right to be free from trial by media;
2. Strongly demand that the Chinese authorities immediately quash the sentences and charges against the four individuals, and hold the relevant staff of public security, procuratorates, courts, and other departments at all levels from the central to local governments legally accountable for abuse of power and bending the law for personal gain;
3. Strongly demand that the Chinese authorities immediately cease their systematic suppression of Chinese civil society, and recognize and protect the efforts made by human rights lawyers, rights activists, and religious believers to supervise the Chinese government's law-based administration and promote human rights and the rule of law;
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4. Strongly demand that the Chinese authorities ensure that lawyers can normally perform their professional duties without intimidation, hindrance, or improper interference, and ensure that any action taken by lawyers in accordance with recognized professional duties, standards, and codes of ethics is not subjected to, or threatened with, prosecution or administrative, economic, or other sanctions;
5. Strongly demand that the Chinese authorities respect China's identity as a member state of the United Nations and a party to multiple international conventions, abide by international conventions, and consciously uphold their image;
6. Strongly request that governments of various countries demand that the Chinese authorities immediately quash the sentences, cease human rights violations, and suppress civil society prior to the G20 Summit.

The press conference then proceeded with remarks and commentary by attending guests, summarized as follows:

Attorney Kuo Chi-jen: Today, accepting Western ideas of human rights and the rule of law and hoping that China implements democracy and the rule of law is deemed the crime of subversion of the state. History has continuously marched toward civilization over thousands of years. What is civilization? The life of every individual must be respected, and the right of everyone to live in this world is the highest value. This concept of human rights is civilization, and this judgment is walking a different path. Today, aside from expressing my gratitude once again, this gratitude is not only for the families, but even more so for the rights lawyers and rights activists who still went ahead despite knowing it was dangerous to themselves. This is truly a contribution to human civilization.

Legislator Ku Li-hsiung: Through this trial, everyone must deeply realize that this charge of subversion of state power has now shifted onto rights lawyers. As long as you criticize the relevant systems of this country, you will be convicted of subversion of state power. If a country's leader, or those with power in a country, say that the rule of law is bullshit and fair trials are also bullshit, then that country is resorting to lynch law. Those who resort to lynch law are a criminal gang. Therefore, this is purely a criminal gang state, a rogue state.

Legislator Yu Mei-nu: In the past, we saw those pursuing democracy and reform being convicted of subversion of state power; now, even the rights lawyers defending them are beginning to be convicted of subversion of state power. The "Ten Principles for a Fair Trial" shown in the video just now are actually very familiar to us—they existed during our martial law period and authoritarian era. We are very glad that Taiwan has already moved past authoritarianism and entered democracy, so lawyers in Taiwan are fortunate to be able to defend our clients. However, in China, these lawyers are still being detained, made to disappear, and forced to confess. Back then, many people in Taiwan were imprisoned, and they relied on the support of international human rights organizations to give them hope and put pressure on the government. Today, we are doing the same thing here, and we also hope that countries supporting democracy and human rights will speak out to the Chinese government.

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Legislator Kao Lu Yi Yong: China feigns entry into the international society, yet treats human rights and democracy within its own borders so atrociously. But what did these rights lawyers do? They were merely practicing our understanding of human rights, democracy, and the rule of law, yet they have to face the fate of being disappeared and secretly detained, and are even forced to be separated from their families. Today is Father's Day. Not only are rights lawyers facing oppression, but their families also have to endure tremendous pressure. Defending clients is the most basic professional duty of a lawyer. To us, this is the cornerstone of the rule of law, but to them, it is a "Chinese Dream." If China cannot reasonably treat these rights lawyers from a human rights perspective, no matter how much it emphasizes its economic progress, it will be very difficult for us in Taiwan to initiate talks with China.

Professor Fan Yün: China has signed quite a few international human rights conventions. The rise of a major power without human rights cannot gain international respect and recognition. Human rights are women's rights, and women's rights are human rights. I am also personally concerned about the Feminist Five. If caring about sexual harassment is subversion of state power and anti-government, then I think this country is deeply problematic. Moreover, there were earlier rumors that a female lawyer was sexually assaulted in prison, and the video just now also mentioned female family members requesting to meet their fathers on Father's Day. Such humanitarian requests, I believe, are also regulated in international human rights conventions, granting everyone the basic right to family. Taiwan cannot stand idly by regarding China's human rights issues; in the future, they should be incorporated into cross-strait negotiations. The previous calls were ignored by the Ma administration, and we hope that the new government, bearing public opinion, can make different negotiations regarding sovereignty and human rights.

Attorney Chou Yü-hsiu: Regarding the issue of judicial independence in China, everyone knows that judges cannot be independent during the trial process, and even lawyers' right to defense has been subjected to numerous coercions, making it impossible to reflect the true facts of the case. As human rights workers, we condemn this. We must think about how to make the public care about this issue. It is obvious that the news heat of this cannot compare to Pokémon. As many predecessors mentioned earlier, Taiwan walked a very similar path thirty or forty years ago. Fortunately, we persevered all the way through, and now we have achieved good results. We were able to adjust ourselves with the help given by others, and now it should be our turn to help others solve problems. After all, Taiwan has been very marginalized in recent years, leading us to not want to care about the affairs of other countries. However, I believe that if we continue like this, we will become even less able to engage with this international society. Therefore, I appeal to everyone to view this international society from the perspective of "just as others helped us, we also help them."

Chairperson Yang Hsien-hung: The Refugee Act has entered its second reading, and I hope the DPP will list it as a priority bill in the next session and pass it quickly. Why should Taiwan join the United Nations? A country like China that so disregards human rights can be in the United Nations, and even be a member of the Human Rights Council. Taiwan should champion human rights and protest China's persecution of human rights. I call upon President Tsai to turn RTI (Radio Taiwan International) into China's "underground radio station," allowing Chinese citizens to call in 24 hours a day.

Mr. Yang Chien-li: Overthrowing an authoritarian government is not a crime, color revolutions are not crimes, and changing China peacefully is fundamentally not a crime. The CCP authoritarian regime is cruel, using psychological torture to force detained rights activists to confess, and in order to reduce their sense of humiliation, it initiates confessions to the Chinese government regime. The founding values, status, and geographical proximity of Taiwan, coupled with its status as a developed country in human rights, mean that its very existence is a supporter of color revolutions against the Chinese regime; yet such a Taiwan has no representation in the international community. Taiwan cannot forever remain a second-class citizen of the world; this international order is unfair.