THE CASE OF FU XIANCAI

COMPILED BY STACY MOSHER

The peril faced by rights defenders under The resettled residents had petitioned various levels of the increasingly harsh official suppression is epit- government dozens of times, and had also applied for the case to be accepted by the courts, with no success. In the meantime, omized by the case of Fu Xiancai, a petitioner their leaders had been repeatedly subjected to detention, inter- for displaced peasants who was permanently rogation and imprisonment. In October 2004, Fu Xiancai sent crippled by a physical assault in June. a petition signed by 650 villagers to the relevant United Nations bodies in hopes that the international community would assist them in obtaining appropriate compensation. Fu Xiancai, a 47-year-old former resident of Maoping Town- Although the Chinese authorities continued to ignore or ship in , Province, rose to prominence suppress the villagers’ claims and complaints, the issue through organizing and petitioning on behalf of some of the attracted increasing international attention, including a visit 1.9 million people displaced and resettled for the $24 billion to Yangguidian by an American journalist in May 2005. From Dam, the world’s largest hydroelectric project. then onward, Fu Xiancai became the target of constant official Now he lies paralyzed at the No. 1 People’s Hospital in surveillance, and he and his family were subjected to repeated City,Hubei Province.1 harassment, threats, assaults and injuries by criminal ele- ments. Fu reported several incidents to the local authorities, A long struggle for justice but they failed to apprehend the culprits or provide any pro- Since the 1990s, Fu Xiancai and others forcibly resettled for tection: the project have been petitioning provincial May 14,2005—After Fu was interviewed by the American and state authorities over resettlement terms and compensa- newspaper journalist, the leader of the security squad of Zigui tion. Many villagers have been resettled on land greatly inferior County’s Public Security Bureau (PSB),Wang Xiankui, report- to that of their original homes and deprived of the compensa- edly delivered several threats to Fu and his family,saying that tion promised to them by corrupt local officials. Fu would be severely punished for unlawfully accepting an The Maoping villagers represented by Fu refer to an agree- interview from the foreign press. ment signed by then-Premier Li Peng, which originally prom- May 20,2005—Tan Bixuan, another representative of Three ised them compensation of a minimum of 56,000 yuan per mu Gorges villagers, received an anonymous phone call telling him of land over a period of 15 years. In actuality,the villagers say, to instruct Fu to gather up a large sum of money,or Fu’s son local officials paid them only 1,408 yuan per mu, and they would be killed. Fu notified the Yichang City police, but there received compensation payments for only one year.The govern- was no apparent follow-up to initial police inquiries. ment had also paid only 5,000 yuan of the resettlement payment August 2005—Zigui County PSB head Jia Li and more than of 30,000 yuan set for each villager. In all, villagers suffered 20 others intercepted Fu and several other petitioners when losses totaling more than two million yuan while being resettled they attempted to go to Beijing to petition the central authori- under substandard living conditions in Yangguidian Village. ties. In particular, the villagers complained that local factories September 20,2005—When Fu and some other petitioners owned by Zigui County Sibao Paper Company Ltd. and once again attempted to go to Beijing, they were assaulted by Huafamei Pharmaceuticals Ltd. had seriously polluted the village cadres while Zigui County officials and PSB officers Maoping River, the major water source for the village’s resi- stood by.One police official reportedly threatened Fu with dents. Residents suffered from skin allergies after wearing more serious injury if he did not stop his activities. clothes washed in the river water and complained of foul- October 22,2005—Around 3:00 a.m., someone drove up and smelling air tainted by factory exhaust.The number of villagers threw rocks at Fu’s house, breaking a window.Later that morn- dying from kidney disease was reported to have risen dramati- ing, Fu departed on a petitioning trip to Beijing. Upon his cally in recent years. return on the afternoon of October 26, two thugs burst into his with policeyieldednoresults. filed report required toawound three stitches onhishead.A He douping FerryPierby three thugswieldingpolicebatons. front ofFu’s door. offakesomeone leftastack money in usedinfuneralofferings the devilsAmerican willinvade China.”The nextnight, you, Idon’t believe that ifwe arrest and willbeconstantly harassed. your family willnevercontinue have withyour lawsuit, peace “Ifyou deputy station headDuErhureportedly saidtohim, incidents totheMaoping Township station, PSBdispatch Fureportedthe in theearly hoursofbothmornings.When rn h ejn lmisi 08 lgwoe “Iearnestly Plogwrote, theBeijingOlympicsering in2008, onFuXiancai. protesting theattack Ambassador toGermany, China’s sentalettertoMaCanrong, cies that includesDasErste, the jointorganization ofGermany’s public broadcasting agen- of andchairman ARD, Rundfunk(NDR), Norddeutscher tion, director general ofDasErste’s parent organiza- Jobst Plog, 12, OnJune inGermany. concern caseraisedparticular China.The through hiscontactswithDasErsteandHumanRightsin only hisimmediate family memberswere allowed tovisithim. and outsideofFu’splaced on24-hourwatch hospitalroom, People’s Hospitalin were policeofficers City.There, Yichang 1 hewas transferred totheNo. surgerynecessary onFu, his ability tospeak. shoulders down andlostcontrol ofallbodily functionsexcept Hewas paralyzed from his hadbeenfractured. in hisneck where X-rays that three determined vertebrae to thehospital, Fuwas taken covered Fuandcalledfor emergency assistance. apasserby dis- halfanhourlater, unconscious.Approximately causing himtotumble down ahillsidepath andleaving him himfrom behindwithaheavyunknown personstruck object, and hisfamily. for him interview “would nothave goodconsequences” ist” 20.Wang reportedly Futhat warned thiskindof “opposition- tion ofthe was broadcast onMay which Three Gorges Dam,” tion DasErstefor theprogram “A Celebration oftheConstruc- an interview hehadprovided public toGerman television sta- squad leader Wang Xiankui calledFuinfor questioningabout ZiguiCountyPSBsecurity 2006, ofJune8, On themorning The attack hended. but noonewas appre- reported theincidenttopolice, Fu hisleg. fracturing home andbeat himwithwooden poles, ubr ftoclest h oie but there were noarrests. numbers oftwo callerstothepolice, Fuprovided thephone threatening anonymous phonecalls. andFureceived severalfuneral wreaths outsideFu’s home, On would beindanger. hislife told Futhat heifwent petitioningorlefthishome, head oftheMaoping reportedly Township station, PSBdispatch Noting that NDRandits ARD BeijingOffice would becov- January 15and18,2006 November 17,2005 November 7,2005 eetees news onFuquicklyspread oftheattack Nevertheless, theresourcesSince thelocalhospitallacked the toperform an While Fuwas walking homeafterthemeeting, Aon :0pm,D ru thedeputy DuErhu, —Around 9:00p.m., Drn h ih,someoneplaced the night, —During November 8 —Fu’s hoomewas peltedwithstones Fuwas assaultedat theSan- , ernment through Germany’sernment BeijingEmbassy. demandedanexplanationeign ministry from theChinesegov- radiostation Deutsche to theGerman for- theGerman Welle, andaccording embassyinBeijing, andtotheGerman ernment of thePeople’s Republic ofChinawillbeimpossible.” any coverage successfulandconstructive Otherwise, television. justbecausethey make afactual statement onGerman future, citizens donothave tofear for theirhealthorlives inthe would like you to use your influencetoensure that Chinese Ialso cai getsallavailable medicaltreatment. andnecessary ask you todoeverything inyour power toensure that FuXian- family only managed tocollectatotalof20,000 andthe theelderofwhomisincollege, includes two sons, gery will costaminimumgery of60,000 but ultimately we have sur- littlechoice—the your situation, ofsuccess.We thebetterchances sympathize with gery, “Thefaster you have your sur- but said, required onJune16, reportedly toldFuthat hecouldreceive thesurgery he Du Dr. 1People’sYuanli Hospital oftheNo. On June14, Delayed treatment Photo: Associated Press attheNo.1People'sFu Xiancaiawaiting HospitalinYichang. surgery 30,000 Embassy inBeijingvisitedFuXiancaiat 1Hospi- No. Yichang andrelatives.friends Copies ofthe ARD letterwere gov- alsosenttotheGerman Fu Xiancaiwas thesolebreadwinner which inhisfamily, nteeeigo ue1,three officialsfrom theGerman On theevening ofJune15, yuan before we canundertake thesurgery.” yuan andyou must pay , yuan from

DEFENDING THE DEFENDERS 49 CHINA RIGHTS FORUM NO. 3, 2006 tal, but police soon required them to leave.The next morning, Meanwhile, Fu learned that the investigation into his the three German diplomats returned to the hospital in the attack was being carried out by the Zigui County PSB, which company of a Hubei Province foreign affairs official, and after had not only ignored his previous reports of harassment, consultation with hospital administrators, they were allowed but had actually participated in it.This “investigation“ to visit Fu Xiancai again.After expressing their wishes for Fu’s included three police officers interviewing Fu for five hours swift recovery,one of the German diplomats reportedly prom- without taking any notes, and a search of Fu’s home as part ised that they would continue to follow Fu’s case closely. of their inquiries into the source of the wooden club used to Ultimately,the German government provided the 60,000 attack Fu. yuan required for Fu’s surgery on June 18, ten days after he was At the same time, police conducted 24-hour surveillance attacked. Chinese officials subsequently criticized the German on Fu’s family and fellow petitioners, greatly restricting their government for its intervention in the case. personal freedom and preventing them from collecting funds to support Fu’s medical expenses. Aftermath On June 26, police and Party officials informed Fu Ziancai Fu suffered some reversals immediately after surgery,including and his son, Fu Bing, of the results of the police investigation: intermittent fevers and a pulmonary infection requiring a tra- cheotomy that left him unable to talk.As his condition gradu- • The PSB had brought in several nationally recognized ally stabilized, he regained some feeling and movement in his forensic pathologists to examine Fu Xiancai’s injuries, and arms. However, doctors reportedly do not expect Fu to ever these experts had concluded that the injuries were self- regain the ability to stand or walk. inflicted;

Human Rights and the Chinese Underworld

BY HE QINGLIAN

A number of cases of serious human rights violations this year have high- The Chinese government’s response to this increased lighted a trend of underworld tactics by Chinese authorities that is becoming concern has been less than encouraging.Three Gorges the biggest obstacle to improving human rights in China. activist Fu Xiancai is now paralyzed from the shoulders down following an attack after the broadcast of an inter- Ordinary Chinese people are already at an enormous disad- view he gave the German television station ARD.The diffi- vantage in attempting to influence the government with culty of Fu’s case—the inability to identify his attacker—is their views. Official power is monopolized by the Chinese shared by many other incidents of physical attacks on rights Communist Party,and the news media are overwhelmingly defenders, dissidents and other activists.The nature of the Party mouthpieces. “Non-governmental organizations” targets inevitably points to the Chinese authorities as direct- such as the All-China Federation of Trade Unions and the ing or instigating the attacks. All-China Women’s Federation, which should be in a posi- Directing “unidentified ruffians” to attack dissidents tion to engage in constructive dialogue with the govern- benefits the Chinese government in at least two respects: ment, are in reality government organizations. Only the First, the authorities need accept no responsibility other Chinese government’s concern with “face” obliges it to tol- than promising to investigate the attacks. Even if public erate a semblance of civil activism and engagement over opinion suspects government involvement, where is the pressing social issues. evidence? Even if the international community raises an It should be noted that there has been a shift in the outcry over the violence, as the German government did in international community’s attitude toward the Chinese the Fu Xiancai case, who can force the Chinese government government since last year, fueled by changes in the Euro- to take legal responsibility? Furthermore, the Chinese gov- pean political situation.After the new German government ernment’s promises to investigate these attacks are limited began improving its relations with the United States, con- to cases that come to the attention of the international com- cern over China’s human rights situation finally regained its munity,such as Fu Xiancai’s. If no one outside of China is place on the European Union’s agenda.After U.S. President aware of the case, or if the international community loses George W.Bush received three Chinese dissidents in the interest, the Chinese authorities can simply ignore domes- White House in May 2006,1 other western countries tic calls for an investigation. For instance, rights defender quickly arranged their own meetings with Chinese Guo Feixiong was beaten several times during his involve- activists. In addition, Edward McMillan-Scott, the vice-pres- ment in the Taishi Village controversy,but there has been no ident of the European Parliament, publicly declared that the sign of any official efforts to track down the perpetrators.2 EU would allocate a project budget of 142 million euros Second, the intervention of underworld forces puts (about $160 million) for assistance to countries that have maximum psychological pressures on dissidents. Dissidents not yet democratized. are primarily motivated by a sense of political mission.

right toappealright thedecision. given toFuXiancaistated clearly that hehadthe Investigation” even though thewritten “Conclusion of file anew complaint, the Du feet However, ontoaconcrete path Dr. below. Yuanli told simply slippeddown a15-foot slopebefore falling another15 andthey believed Fuhad thin tohave beenusedtobeat him, • • long slope. were notconsistentwithslippingdown a tohishands, injury threat isextendedtotheirfamilies. disregard willproceed ifany, theirown but if a few, safety, bravestout theleasthesitation.The ofthedissidentsmay and increases fear intheirvictimswillbeemployed with- any methodthat engenders themselves withabottomline; Butunderworld elementsneednotconcern style thuggery. bottomlinerathera certain thandegenerate intoSaddam- must set for thesake ofitsown reputation andself-respect, they alsoknow that thegovernment, of potentialviolence, andknowing thesource will receive from thegovernment, They cangaugeandanticipate thekindofpressure they The policereportedly toldFunottoappeal thisdecisionor Police found was saidthat too nearFuaftertheattack astick had beencommitted. act andthat nocriminal not beeninjured by someoneelse, thePSBconcludedthat Fuhad On thebasisofthisevidence, those ofFuXiancai; andhadfound other than nofootprints scene oftheattack, outaninvestigationThe localPSBhadalsocarried ofthe zations. to apply economicsanctionsagainst underworld organi- Itissimilarly unfeasible forcountry. overseas governments inanother to have any effect on “unidentified ruffians” canhope however influential, organization, human rights Nointernational depends onthegovernment’s will. allthat ment andthepunishmentofperpetrators, Foreign for Fu’sAffairs spokesperson.As medicaltreat- munity withahigh-handedofficial statement through its to haltabarrage ofquestionsfrom com- theinternational allows theChinesegovernment dealings withFuXiancai, asinits task ofofficial violenceto “unidentified ruffians,” at leastfor now.Allocating the be compared withSaddam, more civilizedandprogressive by hasnodesire theday, to becoming presenting itselfasa “world power” ernment, Chinesegov- pariah.The himintoaninternational turned habit by cuttingouttheirtongues ofpunishinghiscritics Saddam’s ofSaddamHusseinandKimJong Il. brutality ot hn onn Post South ChinaMorning In 2003, this writer notedtheemergence thiswriter of “privatiza- In 2003, This 2 modus operandi is much more effectiveis much thantheraw that injuries to Fu’s legs, and lack of and lack toFu’sthat injuries legs, h fca dpino newrdtcis inChina. the officialadoptionofunderworld tactics” legalization ofpoliticalviolenceand tion ofpublic rights, rights defense inChina. rights courageous for individualsformthebedrock causes.These sometothepointofsuicideordeath by unnatural persecuted, are harassedand even like thoughmany, Fu, the outsideworld, world. from allover the includingfinancialassistance, him support, cials gave dimensionthat hiscaseaninternational brought The highprofile himthedispleasure that oflocaloffi- earned petitioners victimizedby thesuppressive actionsofthestate. andthey toseeklegalremedies. are preparing investigation, NOTES NOTES weekly e-bulletin was Chinesearticle published inHRIC’sThe original Translated by Wang Ai flict andpoisoningsociety. will have effect nolong-term otherthanintensifyingcon- that deputizingtheunderworld toadministerthecountry the Communist Party andthefuture ofChinarecognizing only real hopeliesinpeoplewhocare about fish.The catch democracyandfreedom islike climbingatree to rights, of widely-accepted ashuman values international such through theapplicationactions oftheChineseauthorities attempting tocontrol the Under thesecircumstances, .DidiKirsten Tatlow, “Did Activist Fall or Was2. HePushed?,” HRIChasissuedseveral press releases regarding FuXiancaiandhispeti- 1. .H igins20 ril,“Weiquan HeQinglian’s tongzhixiadeZhongguo 2003article, 3. GuoFeixiong was detained in September2005andheldfor three 2. President BushmetwithLiBaiguang,Wang 2006, Yi OnMay 11, 1. Most ofChina’s petitionersremain completely unknown to FuXiancaiwas more fortunate thanmany In someways, Fu andhisfamily have rejected thefindingsofofficial Morning PostMorning tioning activities.All are availabletioning activities.All onHRIC’s Website at www.hric.org. com/hero/heql/24_1.shtml. http://www.boxun.of includingthat ofBoxun.com: Web sites, canbeaccessedonanumber Prospects Under Rule],” Authoritarian xianzhuang yuqianjing[China’s Situation andFuture Current controversy.the Taishi lawyers andactivistswere alsobeaten at timesduring various nalists, Severalbeaten jour- by unidentifiedindividualsearlierintheyear. Hehadreportedly been demanding therecall oftheirvillage head. months afterattempting toprovide legalassistancetovillagers underground movement. Christian and dissident intellectualactivistswhoareofChina’s alsopart Yu Jie, Ags ,2006. 9, ,August Huaxia Dianzibao nJn 2 2006. on June22, South China 3

DEFENDING THE DEFENDERS 51 CHINA RIGHTS FORUM NO. 3, 2006