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THE DUI HUA D I A L O G U E FOUNDATION Issue 18 z Winter 2005 Clemency for Political Prisoners: IN THIS ISSUE: Dui Hua Gets an Update n mid-November 2004, a delegation of the foundation’s Executive Director, John I State Department officials arrived in Kamm, during visits to Beijing in Novem- Clemency for Beijing for the second round of talks on re- ber 2004 and January 2005. Political Prisoners: suming the human rights dialogue between Nearly all the information provided on Dui Hua Gets the United States and China. The day after January 25 is new, and most of it concerns an Update the delegation’s departure, The Dui Hua prisoners whose names are unknown out- 1-3 Foundation received a fax from the Minis- side of China. Several of these names have National Security try of Justice reaffirming its willingness to co- appeared in Dui Hua’s lists of “obscure” Crimes in the operate with Dui Hua in the coming year prisoners—individuals whose names have United States: and attaching written information on three been uncovered by Dui Hua’s research and A Look into prisoners who had received life sentences about whom the foundation has filed re- Open Sources about whom Dui Hua had expressed interest. quests for information. They include Sonam 4-5 This marked the first time since China Gonpo ( , a Tibetan imprisoned suspended the official dialogue with the in Qinghai who is being considered for re- New Research & Prisoner United States in March 2004 that Dui Hua lease a few weeks before the expiration of Information had been given written information on pris- his sentence in March 2005; Zhou 6-7 oners by the justice ministry. Beijing sus- Zhongzuo ( ), sentenced in 2000 by pended the dialogue after the United States a Hunan court to 10 years in prison for sub- News About introduced a resolution on China’s human version (the prison warden has recom- Dui Hua rights at the meeting of the United Nations mended that he be granted a two-year sen- 8 Human Rights Commission held in March tence reduction); and Jiang Yijiao ( ) 2004 in Geneva. In December 2004, Dui and Xu Qilin ( ), old counterrevolu- Hua received two more written communica- tionaries first given long sentences in 1982 Dialogue is written by the tions—one from a central ministry, the other for espionage who have been recom- staff of The Dui Hua from a provincial official. (See page 7 for a mended for sentence reductions. Foundation, a non-profit summary of the information contained in Especially significant is that informa- organization dedicated to advancing the protection of the three communications received in No- tion has been provided on prisoners whose universally recognized vember and December 2004.) names were unknown to Dui Hua or any human rights in China and On January 25, 2005, Dui Hua received other NGO or government outside of the United States. parole and sentence reduction information China. Since the early 1990s, the Chinese © 2005 on 56 individuals serving sentences for po- government has replied to inquiries about The Dui Hua Foundation litical offenses in China. The written its prisoners put to it by the United Nations, 450 Sutter Street Suite 900 information, in the form of four lists, was foreign governments, and Dui Hua. Accord- San Francisco, CA 94108 compiled by authoritative sources in China’s ing to a Chinese diplomat, last year the central and provincial governments in re- Chinese government provided information Email: [email protected] Web: www.duihua.org sponse to requests for information made by on hundreds of cases either through the confidential mechanisms of the Issue 13 for an account of his visit to 2005. On the same day, Zhan United Nations or in the dialogues Xiamen Prison and a discussion of Gongzhen ( ), a member of a with Western countries. Given the parole and sentence reduction prac- group of dissidents detained in April volume of requests, central ministries tices there). During the trip, Kamm 2002 for trying to set up an indepen- only consider looking for and provid- was told that there were “about 20” dent trade union, had the remain- ing information about a prisoner if inmates serving sentences for endan- der of his three-year sentence the full and correct name is known. gering state security in the province’s commuted. A previously unknown The Chinese government often re- prisons. If that number is accurate, prisoner serving an 18-year sentence quires more information than just it appears that a majority of them for endangering state security im- the name—e.g., age, place of were paroled or received sentence posed in January 2002, Chen Junzhi residence, province where the trial reductions in 2004. ( ), was given a 19-month re- took place—before launching a Most “endangering state secu- duction in April 2004. search. rity” prisoners in Fujian are main- In a striking departure from past landers serving sentences for spying Developments in Tibet practice, however, more than half of for Taiwan. Typical are the cases of In July 2003, Kamm visited the prisoners covered in the infor- Zhang Bubing ( ) and Zheng Lhasa and had discussions with local mation provided on January 25 were Guojin ( ), residents of a prison officials on paroles and sen- not known by name to governments coastal village where many fisher- tence reductions for Tibetans con- or NGOs outside of China. This is men make their living selling classi- victed of counterrevolution and en- the first time that the Chinese gov- fied documents to Taiwan intelli- dangering state security. Kamm ernment has volunteered informa- gence agencies. brought with him a file of Chinese tion about prisoners whose names Zhang was serving an 11-year government responses to inquiries by are not known in the West. It is also sentence for trafficking in state the United Nations and foreign very unusual for the Chinese govern- secrets when he was given a sentence governments. The information ment to reveal the names of prison- reduction in September 2004 and showed that, in the period from ers being considered by courts for released in January 2005. Zheng is 1989 to 2002, paroles and sentence sentence reduction or parole. serving a 15-year sentence for reductions for these prisoners were espionage, 28 months of which were rare. In some years, none were Sentence Reductions in Fujian knocked off in July 2004. Sixteen of recorded. The most reductions Although the information men- the Fujian cases about which granted in one year was three, in tions paroles and sentence reductions information was provided on 1994. In some years, sentence exten- in 11 provinces and autonomous January 25 concerned espionage or sions outnumbered sentence regions, coverage is best for Fujian trafficking in state secrets. Most of reductions. and Tibet. Of the 56 cases, most are the sentence reductions took place Of the seven Tibetan prisoners from Fujian (20 cases) and Tibet (11 in the latter half of 2004. given sentence reductions in 2004 cases). Information is also provided Taiwan spies are not the only about whom information was pro- on two Tibetan prisoners in Qinghai ones who have benefited from clem- vided on January 25, only two had Province. For the remainder of this ency in the province. A counterrevo- names with entries in Dui Hua’s large article, a summary of information on lutionary sentenced to 20 years in database. These were Choeden prisoners in Fujian, Tibet, and prison in 1984, Chen Zhengxiong Gyatso ( ), sentenced to Qinghai will be given. Information ( ), was released in June 2004. eight years in 2001 for inciting provided for cases in other parts of Sun Xiongying ( ), the last splittism and given sentence reduc- China will appear in future issues of prisoner in Fujian serving a sentence tions totaling 30 months in 2002 the newsletter. for counterrevolutionary crimes and 2004, and Nyima Choedron ( In September 2003, Kamm vis- committed in June 1989, was re- ), one of the founders of the ited Fujian Province (see Dialogue, leased two years early on January 29, Gyatso Children’s Home who was 2 Dialogue sentenced to 10 years in 2001 and is the result of local action or arises Jiangsu Province in the first quarter given sentence reductions totaling 30 from a national investigation into of 2004 specifically discussed how to months in 2002 and 2004 (her sen- parole and sentence reduction for- handle such prisoners. It may be that tence now expires on February 26, mally launched in April 2004 by the China’s increasingly young and asser- 2007). The identities of the nuns Supreme People’s Procuratorate. tive procurators and judges have Thatso ( ) and Thongtso ( ), (The fact that so many of the pris- themselves decided to carry out pa- both sentenced to 3-1/2 years for oners are serving sentences for spy- role reviews at the local level. In any inciting splittism in 2002 and then ing for Taiwan raises another event, it is not known whether either given 10-month sentence reductions possibility: that China has been qui- the Supreme People’s Court or the and released on July 3, 2004, have etly releasing Taiwan agents as part Ministry of Justice has released any been confirmed by a recently released of an effort to improve cross-strait documents calling for a parole and prisoner. relations.) sentence reduction review for politi- Three previously unknown Ti- The parole and sentence reduc- cal prisoners. The topic may well be betan prisoners are Dawa Tsering ( tion review was slated to end in Janu- too sensitive for such an order to be ), sentenced in 2001 to four ary 2005. The principal focus of the issued.