Peaceful Speech Is Not a Crime! Release Li Ming-che Immediately! The Tsai Administration Must Issue a Strong Protest and Defend the Basic Rights of Our Citizens—Statement by the Taiwan-Support Rescuing Li Ming-che Team in Response to the Verdict in the Li Case

Taiwanese human rights worker Li Ming-che has been illegally detained by the Chinese government for 254 days since his illegal arrest on March 19 of this year (as of 11/28). After illegally detaining him for over two months, Chinese authorities confirmed his arrest through the Taiwan Affairs Office on May 26. Nearly half a year later, his case went to trial on September 11, and this morning he was sentenced to five years in prison for the crime of "subversion of state power," along with two years of deprivation of "political rights."

This verdict only further highlights the absurdity of this charge and lays bare the precarious legitimacy of the Chinese regime itself, which repeatedly resorts to suppressing human rights defenders both within and outside its borders to maintain stability. Recently, a fire in a low-rent Beijing apartment building caused numerous casualties, and the Chinese government used the opportunity to carry out a massive forced eviction of the "low-end population" to prevent disgruntled citizens from gathering in the capital to demonstrate—following the exact same logic.

The process of Li Ming-che's case, from detention and arrest to trial and sentencing, is riddled with deviations from international human rights standards, and even violates China's own Criminal Procedure Law. Most importantly, as the first Taiwanese person to be charged with "subversion of state power," the "criminal facts" attributed to Li Ming-che in the indictment consist entirely of statements he published over the internet from Taiwan. China's arrest and conviction of a non-citizen for online speech published outside its borders clearly exceeds its judicial jurisdiction. Furthermore, the freedom of speech is protected by international law and Taiwan's laws, and the peaceful expression of views should not be regarded as "criminal conduct." Mr. P'eng Wei-hua, who was tried alongside Li Ming-che, is a Chinese citizen, but he was likewise criminalized merely for his speech. It is even highly likely that Mr. P'eng was coerced by the authorities to "play along" in order to fabricate a case against Li Ming-che. We express our deep regret over the heavy seven-year sentence handed down to Mr. P'eng!

Given that Chinese authorities have repeatedly violated human rights and breached relevant provisions of procedural law throughout the judicial proceedings of the Li case, we strongly demand that the Chinese government guarantee Li Ming-che's rights and his physical and mental well-being in prison in accordance with the law prior to his release. This includes ensuring that his family's right to regular visits is not denied, and safeguarding the personal safety and freedom of his family members when traveling to China for visits.

Li Ming-che is the first overseas non-governmental organization worker arrested within China since the implementation of the Overseas Non-Governmental Organization Domestic Activities Management Law in January. Not only has he been subjected to illegal detention, but he has also been sentenced to a heavy prison term under the Criminal Law charge of "subversion of state power." Moreover, China's imposition of the "deprivation of political rights" on a "non-citizen" and its stripping of his "freedom of speech" constitute a malicious act that severely violates international law, casting a shadow that threatens every citizen exercising freedom of speech in Taiwan with potential judicial persecution by the Chinese government authorities. This case has drawn widespread international concern, reflecting not only a shift in China's methods of controlling and suppressing overseas human rights activists, but also serving as a "killing the chicken to scare the monkey" intimidation tactic directed at Taiwanese individuals concerned with human rights issues in China, intended to induce a chilling effect of self-censorship in Taiwan and the international community.

Beijing's High-Handed Infringement of Rights Undermines Cross-Strait Relations

In this case, the Chinese government restricted the personal freedom of a Taiwanese citizen without notifying Taiwan in accordance with the Cross-Strait Cross-Strait Judicial Mutual Assistance Agreement, and repeatedly deprived his family of the "right to family visits" guaranteed under the same agreement. While turning a blind eye to all routine inquiries made by our government through official channels, Beijing secretly dispatched a "secret emissary," Li Chün-min, in an attempt to induce the family into a compromised deal, severely undermining the rule-of-law foundation for normal interactions between the two sides.

China's "Expansion of Judicial Jurisdiction" Requires a Protest from the Tsai Administration

In 2014, the Taiwanese people used the "Sunflower Movement" to block China's attempt to encircle Taiwan through economic means, proving that Beijing's past Taiwan policy was a total failure. The sentencing of Li Ming-che is clearly part of China's dual-tack strategy toward Taiwan, unilaterally expanding its judicial jurisdiction to acclimatize the Taiwanese people to a "new normal" where Chinese sovereignty extends to Taiwan. In response, President Tsai Ing-wen and the government should lodge a protest at a higher diplomatic level and swiftly establish relief procedures and countermeasures for future cases of this nature, rather than merely issuing statements while abandoning the rights of our people to be preyed upon by a Chinese government devoid of the rule of law.

The "Taiwan-Support Rescuing Li Ming-che Team" will continue to launch yellow-ribbon solidarity campaigns and hold lectures across Taiwan. We welcome the public to join us in highlighting our determination to defend the values of democracy and human rights, and we call upon the Taiwanese government to promptly establish an effective response mechanism.

Chronology of the Li Ming-che Incident

Date	Event
3/19	Li Ming-che loses contact after entering Chuhai, Kwangtung Province, China via the Gongbei Port from Macau.
3/24	Li Ming-che's family and human rights groups such as the Taiwan Association for Human Rights hold a press conference titled "Looking for Li Ming-che."
3/29	China's Taiwan Affairs Office confirms at a press conference that Li Ming-che is "under investigation by relevant mainland departments" for "suspected involvement in activities endangering national security."
4/6	The Covenants Watch submits an appeal letter to relevant United Nations Special Procedures.
4/7	The Taiwan Association for Human Rights and other groups hold a press conference releasing joint petitions from 147 domestic and foreign NGOs, demanding China release Li Ming-che. International human rights organizations, overseas students and scholars, and Jerome A. Cohen join the solidarity campaign.
4/10	Li Ching-yü arrives at Taoyuan Airport preparing to travel to China, only to discover her Mainland Travel Permit for Taiwan Residents has been canceled by Chinese authorities, preventing her from boarding.
4/11	The Mainland Affairs Council holds an international press conference demanding China reveal the truth and allow family visits. Amnesty International launches a global solidarity campaign regarding Li Ming-che's enforced disappearance.
5/18	Li Ching-yü attends a hearing of the Subcommittee on Africa, Global Health, Human Rights, and International Organizations of the US House Committee on Foreign Affairs on May 18 Eastern Time, appealing to the international community for help.
5/26	China's Taiwan Affairs Office confirms that Li Ming-che has been arrested by the "Hunan Provincial Security Organ" on suspicion of "subversion of state power."
6/23	The UN Working Group on Enforced or Involuntary Disappearances replies that it has accepted Li Ming-che's case, inviting his family and the appealing organizations to attend a meeting in Geneva in September to present a report.
7/6	The European Parliament passes a resolution calling on China to release Li Ming-che as soon as possible and permit him to contact his family.
8/22	Dozens of civil society groups form the Taiwan-Support Rescuing Li Ming-che Team, announcing a nationwide lecture tour and human-formation character-spelling event to raise public awareness of the Li case.
9/6	China's Taiwan Affairs Office confirms that the Li Ming-che case will be tried in the Yueyang Intermediate People's Court in Hunan Province.
9/10	Li's mother, Kuo Hsiu-ch'in, and wife, Li Ching-yü, enter China accompanied respectively by a legal consultant hired by the Mainland Affairs Council, Straits Exchange Foundation personnel, and civil society representatives.
9/11	The Li Ming-che case trial begins at 9:30 AM. Li Ming-che confesses in court. The trial concludes at 1:40 PM, and the judge announces that the verdict will be pronounced at a later date. Li Ming-che has a brief meeting with his family before being sent back to detention.
9/12	Representatives of the Taiwan-Support Rescuing Li Ming-che Team launch a flash mob protest in Geneva with local Taiwanese diaspora organizations.
9/13	Representatives of the Taiwan-Support Rescuing Li Ming-che Team attend the UN Working Group on Enforced Disappearances meeting in Geneva.
9/17	The Taiwan-Support Rescuing Li Ming-che Team holds the "CHINA! FREE LI" human-formation spelling event in Taipei, attended by hundreds of citizens.
11/07	The Taiwan-Support Rescuing Li Ming-che Team questions China's overdue sentencing, launches the "Looking for Li Ming-che" and yellow ribbon campaigns, and erects the first "Li Ming-che Tree" at the Tsai Jui-yueh Dance Research Institute.
11/24	Li Ming-che's family receives notification through a state-appointed lawyer from the Hunan Yueyang Intermediate People's Court in China that the trial is scheduled for November 28 at 9:15 AM.

Speakers

Wang Li-p'ing (Former Legislator, denied entry while accompanying Li Ching-yü)
Cheng Hsiu-chüan (President, Wenshan Community College)
Lin Hsiu-hsing (President, Taiwan Association of University Professors)
Kao Jung-chih (Executive Director, Judicial Reform Foundation)
Hung Chung-yen (Deputy Secretary-General, Taiwan Forever Association)
Ch'iu I-ling (Secretary-General, Taiwan Association for Human Rights; Executive Committee Member, Covenants Watch)

Press Contact

Ch'iu I-ling