REFUGE IN A GRAVEYARD

BY ZHANG YAOJIE

Sociologist Zhang Yaojie is another profes- 2,000 yuan per person after the peasants petitioned on the mat- sional, like lawyer Yu Meisun and journalist ter. In 2002,Wu Zhongkai and others, while petitioning in Bei- Zhao Yan, who has taken an interest in con- jing, made a point of looking up the respected Reform troversies involving peasant rights. Following journalist Zhao Yan. Zhao Yan and others consequently visited is one of his reports, obtained by HRIC, which to report on the situation in hopes of helping the dis- placed peasants solve their problems.The local officials did he wrote regarding a case in Fujian Province. their utmost to obstruct Zhao Yan’s inquiries, and from then on Wu Zhongkai and the others developed a deep and lasting At 11 o’clock on the morning of July 8, 2004, I received a call friendship with Zhao Yan. from Wu Zhongkai, an advocate for peasants displaced from On March 29, 2004, Zhao Yan left to return to their homes in four villages near Qingkou Town, Minhou , where he stayed in the home of a relative of Wu County,Fuzhou City,Fujian Province. Using a telephone bor- Zhongkai. During the next few days, eight villagers from rowed from a friend,Wu told me that police from the Fuzhou Houmin’s Shangjie Town and ten from Chengmen Town in Municipal Public Security Bureau had pressured him to frame Fuzhou’s Canshan met with Zhao Yan,Wu Zhongkai, civil rights defender Zhao Yan and legal scholar Li Boguang, Xiao Xiangjin and others to learn constitutional law,and but he had adamantly refused. Subsequently,under the protec- drafted a petition for the recall of Fuzhou Municipal Party Sec- tion of local villagers, he had fled his home and sought refuge retary He Lifeng, Fuzhou Mayor Lian Zhixuan, in a hillside cemetery,where he spent the night exposed to the Party Secretary Wu Sanba, and the Party Secretary of Chengmen elements. Town, Chen Jinxi, as representatives in the National People’s Who would guess that in the 21st century a black terror Congress. More than 10,000 villagers signed the petition.At would once again descend on China? State Council Premier the same time,Wu Zhongkai, Xiao Xiangjin and the others Wen Jiabao on June 28 held a teleconference on national gov- drafted an application for administrative appeal to present to ernance according to law,during which government depart- the Fujian provincial government calling for the Minhou ments implemented the recently introduced “Comprehensive county government to return to villagers all of the funds that Promotion of Governance by Rule of Law,” and on July 1 had been set aside to compensate them for relinquishing their China’s first “Administrative Permit Law” took effect, along land. On April 5, 2004, the application for administrative with amendment of the “State Council Working Rules”; but all appeal, signed by more than 3,000 people, was formally deliv- of these measures seem to be a waste of effort. ered to the provincial government. According to Wu Zhongkai, beginning in 1997, Fuzhou Pressured by the approaching deadline of the application City appropriated 4,000 mu of farmland in the villages sur- for administrative appeal, and fearing that the displaced vil- rounding Qingkou Town for the purpose of building the lagers would initiate a legal action, local government and pub- Dongnan Automotive Plant, even though the state authorities lic security organs began closely monitoring the movements of had only approved appropriation of 1,000 mu of land for the Wu Zhongkai and the others. In the words of Wu Zhongkai, first phase.Without drawing up a formal agreement with the “The government threatened us and discouraged us from hav- peasants who had relinquished their land, the local govern- ing a relationship with Zhao Yan. Most recently they’ve been ment took 240 million yuan in funds earmarked for compen- collecting information on Zhao Yan, and they told me Zhao Yan sating nearly 10,000 displaced peasants and invested it in and Li Boguang were both criminals, and that if I maintained shares in the Dongnan Automotive Plant.The municipal, contact with them it would be to my great disadvantage. I said county and town governments received all of the profit, while I wasn’t afraid, because our petitioning was legal. So they peasants who had lost their land received only 800 yuan each in started tracking my moves.The night before last a large num- compensation.The amount was increased to a little more than ber of people suddenly appeared at my home, and they said a

a Prostitute,” runs asfollows runs a Prostitute,” Sympathizer andJournalist XiaoXiangjintoRTL for Soliciting “FuzhouGovernment SentencesPeasant entitled, The article, famous for Bureau FuzhouPublic reporting matters. Security whois NiuQiangsheng, byposted ontheInternet awriter, initselfisunlawful.” branch.This Security was announcedbyhis formalarrest the Taijiang Public District But18days later branch. diction oftheGulouPublic Security underthejuris- taken away, itwas inFuzhou’s Guloudistrict, Xiangjin’s “WhenXiaoXiangjinwas sentencing toRTL hesaid, but like RegardingXiao notaround theclock Wu Zhongkai. Zhao Inrecent timeshehadalsobeenundersurveillance, Yan. andthat healsoknewwith Wu ZhongkaiandXiaoXiangjin, Hesaidhewas apeasantadvocate along conversation withme. was accompanying himtookthephoneandcontinued the source ofincomenow.” wife spendsthewholeday at homeweeping.They have no andhis Hehasanelderly father at home, for hismisfortune. through labor becausehespoke upfor us.We’re responsible He’s beensenttoreeducation “Xiao Xiangjinisagoodman. anotice.” such none ofthemdared towrite andthenIwon’t petitionany But more.’ aformalnotice, write letthem shouldIleave?said,‘Why Ifpetitioningisacrime, gave away. villagers up.The upandrun advised metohurry I about twoand didn’t hoursthey letthepolicedetainme.After andthevillagers protected me a lotofvillagers at my house, thetimetheremore were than20oftheminseven vehicles.At nextday of the morning they 12.The cametomyApril home, detained by on around plainclothespoliceofficers 10o’clock XiaoXiangjinwas but publicly it’smatter, sexualsolicitation. Internally it’s apolitical nailed himfor solicitingaprostitute. andwhenhedidn’t tellthemanything they and LiBoguang, they himabout justinterrogated Zhao him ofanything; Yan thefirst18dayslater toldmethat during they didn’t accuse XiaoXiangjin thenthey cameup withthisaccusation. 18 days, we hadnonews ofhimfor After they detainedXiaoXiangjin, didn’t Didyou himintheact?’They catch answer.believe it. don’t Isaid,‘I Xiangjin isguiltyofsolicitingaprostitute?’ you believe Lastnightthey asked me,‘Do Xiao one year. tute andhave sentencedhimtoreeducation through labor for still inthevillage.They’re accusinghimofsolicitingaprosti- “XiaoXiangjinis Zhongkaisaid, XiaoXiangjin,Wu advocate, they’ll andifIgoback detainmefor sure.” home allnight, apolicevehicle was parked infront ofmy side ofthevillage; I’mstillout- into thehillsandspentnightincemetery. soIfledup andIwas alsofeeling abitafraid, town for awhile, Zhao Yan andLiBoguang.The villagers advised metoleave thingswiththeintentionofmakingmeframe lot ofterrible oe Xiaowas of originallytheFujianbureau chief home. Bureau on 12detained XiaoXiangjininhisFuzhou April The Taijiang ofFuzhou’s branch MunicipalPublic Security Reform Wu Zhongkaiandthisvillager directed metoanarticle Given Wu anothervillager who Zhongkai’s emotionalstate, At that point Hesaid, Wu Zhongkai broke down insobs. When Iasked about thecircumstancesofotherpeasant ’s feeling insidethePSBisthat affairs section.The rural 1 : China selves under pressure. Photo: AP Wide World Photo:APWide Photos selves underpressure. oftenfindthem- tohelp lightenthepeasants’burdens Activists whotry Lifeng that was soangry heremoved theheadofsecurity Party SecretaryHe but still couldn’t comeupwithacrime. our bureau’s teamdevoted security tendays tothisproblem, sowe someway.The hadtofind leadersof this individual, we were touseany toimprison meansnecessary He Lifeng, awry.What todo? OntheordersofMunicipalParty Secretary ourplanswent aresult, fact theirFujiancorrespondent.As statement totheeffectnotarized that XiaoXiangjinwas in as Fujian correspondent ofHongKong’sas Fujiancorrespondent we awork found himcarrying permit abodyduring search, Finally,dence that we couldusetoconvict himofacrime. orany otherevi- Party Heinhiscomputerfiles, Secretary but we didn’t any find information about office inFuzhou, cover any evidence ofwrongdoing by him.We his searched we found itwas very todis- difficult detaining XiaoXiangjin; believes are beingcirculated thestories by XiaoXiangjin. who actsby Party SecretaryHeLifeng, ofcorrupt variety factor may that appeared bearticles alleginga ontheInternet other in theirpetitioningandelectionrecall campaign.The Xiao’s isrelated arrest totheassistancehehasgiven peasants Kong’s tity document. tacted hisfamily andsaidXiaoXiangjinhadforged aniden- and onthat basiscon- with forgery ofidentitydocuments, zine.We thoughtwe couldusethisasevidence tochargehim Originally we didn’t outany carry legalpaperwork before Our bureau contactedtheresponsible personat Hong China Village aaie whosoonafterward issueda magazine, China Village maga-

IN THE COUNTRYSIDE 73 CHINA RIGHTS FORUM NO. 3, 2004

team from his post. Our bureau’s leader finally approached Investigation determined that this individual during the He Lifeng directly and asked him what he should do. He period from August 2003 to the end of March 2004 was Lifeng upbraided our bureau chief as a useless idiot. “You detained on four occasions at his address (#165 Dong Da can’t manage even such a simple thing!” he scolded him, Lu) and at the home of Li Haixia (#218 Xiangban Da Lu) for then instructed him to lock Xiao up for a year on charges of soliciting a prostitute. soliciting a prostitute. In accordance with Article 7 of the “Regulations for Reeduca- The bureau immediately ordered the Taijiang branch to tion Through Labor for Soliciting a Prostitute,” this bureau sentence Xiao Xiangjin to a year of RTL for soliciting a prosti- has sentenced the detained person to one year of Reeduca- tute.We had detained Xiao Xiangjin on April 12, but our tion Through Labor. (From April 29, 2004 until April 28, bureau chief decided that the sentence would be imposed 2005). from April 29.This was against the law,but none of us dared If you are not satisfied with this decision, you may appeal say anything, because it was done under orders of Party Sec- within 60 days of the date of this notice to the next level of retary He. the Public Security Apparatus, or to the People’s Government. I should add here that Xiao Xiangjin is a resident of Gulou If you are not satisfied with the results of this appeal, you are district, and according to regulations should have been entitled by law to apply for administrative review through detained by police from that bureau branch; but the head of the People’s Court. the Gulou branch didn’t want to bear the historical responsi- Name of Reeducation Through Labor Camp: Fujian Province bility for this incident and offered all kinds of excuses, so He Fuzhou Reeducation Through Labor Camp. Lifeng ordered the more obedient head of the Taijiang branch Address: Shuitou, Fuzhou. to detain Xiao Xiangjin. For the sake of mollifying He Lifeng Date:April 29, 2004 and facilitating his promotion prospects, the head of the Tai- (Official stamp of the Taijiang branch of the Fuzhou Munici- jiang branch enthusiastically proceeded to detain Xiao pal Public Security Bureau) Xiangjin. Party Secretary He was extremely pleased with his performance, and is preparing to promote the Taijiang Written on June 30, 2004, amended July 1. branch head to the post of secretary of the city’s politics and law commission or disciplinary inspection committee. Translated by Stacy Mosher Compared with Xiao Xiangjin, our colleagues under Chen Jinqi, Party Secretary of Chengmen Town, Canshan District, 1. This article was posted in Chinese on the Web site of SecretChina.com were much more fortunate.These subordinates of Chen Jinqi at: http://www.secretchina.com/news/articles/4/5/15/65122.html. include: the Branch Party Secretary of Shishan Village, Lin Xiangqiang, and the Branch Party Secretary of Lianjiang Vil- lage, Lin Yidi (originally named Lin Yongqing, he paid 100,000 yuan for his position).These two clowns organized group junkets for officials of both villages to Fuzhou for feasting, carousing and gambling on the public purse. Our municipal bureau arrested them at the end of March.The original plan was to sentence them to RTL, but Chen Jinqi came out and told Party Secretary He Lifeng that we could not discipline these officials, and ultimately each of them was fined 3,000 yuan, and on May 2 they were released and allowed to return home. The comparison of these two cases shows that our coun- try’s law is just a charade.We career police officers can take little satisfaction in our work, as we are nothing but dogs tak- ing orders from our masters.We don’t follow the law,but only the word of the Party Secretary,or else we have no job security.In the end, the Party Secretary’s word is law and pol- icy—that is the reality of China.

At the end of this article was appended a Reeducation Through Labor order issued by the Taijiang PSB branch. It read:

Sentenced to Reeducation Through Labor: Xiao Xiangjin Sex: Male Date of birth: December 15, 1955 Current address: Fuzhou, Gulou District, #165 Dong Da Lu, 2-203.