“The Bravest Lawyer in China” – Gao Zhisheng

By Jerome A. Cohen

Here is reference to a moving and informative tribute to the great but now almost forgotten human rights lawyer Gao Zhisheng, by Professor/lawyer TENG Biao, himself a great human rights activist now living and working for the cause in exile in the U.S. Teng confirms that there has been no news of Gao for two years. Gao has been subjected to unspeakable tortures since first detained in 2006 and, when last heard from, had been transformed from one of China’s leading business lawyers into a pathetic human vegetable.

Gao Zhisheng (source:    RFA   )

Gao Zhisheng (source: RFA)

As I have written here before, in March 2005, in a Beijing discussion with about a dozen human rights lawyers who were debating how to respond to attempts to restrict their defense efforts in court, Gao boldly favored open opposition to Party violations of the PRC’s Constitution and criminal procedure legislation. He argued forcefully that true law reform would never be effective in China so long as the Party monopolized power. I said that I agreed with him but that, if he continued to voice those views in public, he would soon lose his freedom and be of no use to anyone.

Sadly, we were both right. We should be grateful to Professor Teng for recalling the sacrifice of this great person.

More Thoughts on the Open Letter “China is not an enemy”

By Jerome A. Cohen

The Open Letter “China is not an enemy” (Washington Post link) has generated much debate and disagreement since publication. I have been asked why I signed the letter.

I joined this important effort because I am worried that the current toxic anti-PRC atmosphere and confusion in Washington might lead to a major deterioration in Sino-American relations that could have dangerous political, diplomatic, military and economic consequences. I hoped the letter, endorsed by so many able and prominent observers of the world scene, might alert people in America, China and elsewhere to give the current situation higher priority and greater thought. Of course, if writing the letter alone, I might have handled certain issues somewhat differently, but in a large collective effort one has to focus on its main thrust. I think the impact of the letter and the debate it has provoked demonstrates its value.

The four decades of pre-Trump policies by the U.S. and the “Western” democracies toward China succeeded in many ways. Most Chinese are enormously better off today than in 1972 or 1979, as I can attest from personal experience. China has become part of the world in manifest ways that did not exist forty years ago and there is a huge amount of international cooperation. We need to solve many difficult and serious issues between China and the democracies but should address them one by one while getting our own domestic “Western” houses in better order.

I can cite many examples, good and bad, of how China has been influenced by official American conduct in international affairs. For example, China’s disappointing rejection of the 2016 United Nations Convention on the Law of the Sea (UNCLOS) Philippine arbitration decision concerning many issues of proper interpretation of the Convention undoubtedly was influenced by the egregious failure of the United States even to ratify UNCLOS as well as President Reagan’s scorn for the decision of the International Court of Justice in the Nicaragua case in the mid-‘80s. Also, the cynical U.S. resort to secret CIA actions designed to undermine the new Communist Government in China in the 1950s and 1960s had to have an impact on PRC perceptions about how the international relations game is covertly played.

On the other hand, the major post-World War II roles the U.S. played in establishing the main international organizations and shaping their constructive actions has stimulated increasing PRC efforts to emulate these roles and to rival American influence regarding many crucial areas relating to economics, the environment, international security and even those human rights emphasized by Beijing.

I think the U.S. Government should begin to take a more robust approach towards China’s human rights abuse, especially the Xinjiang atrocities the PRC is now committing. Its Xinjiang record warrants the strongest possible denunciations of the PRC and the application of sanctions, including the Global Magnitsky Act, against those who are directly responsible.

In assessing the current situation, we should recognize that the Xi Jinping government confronts many obstacles at home and will eventually be confronted abroad by a policy that may be summarized as containment, competition and cooperation. Moreover, Xi Jinping will not rule forever.

Another tale of cruelty: how the Chinese government crushed rights lawyer WANG Quanzhang

By Jerome A. Cohen

The case of human rights lawyer WANG Quanzhang (my Washington Post op-ed) is one more tale of PRC cruelty toward a leading lawyer and his family but deserves special further scrutiny from several points of view.

When finally allowed to see him after more than 1,400 days into his detention, his wife Li Wenzu discovered the reason why the regime delayed so long and resorted to so many ridiculous ploys to deny her and any defense lawyers access to him. Like some other well-known professional colleagues, Wang has been reduced to a vegetable through a combination of tortures, physical and mental, as this brief account makes clear.  

Yet there are still unsolved mysteries about the case that render it unusual among the many similar examples of the crushing of the right to defense in violation of China’s Constitution and legislation and the PRC’s international human rights commitments. Why, contrary to standard practice even in “sensitive” cases, has no court judgment confirming and supposedly explaining his long-delayed conviction and sentence been issued to his wife and the public? Is it yet known when his anticipated prison release will occur? Has he, like others, been forcibly subjected to unnecessary and unwanted “medical” treatment that weakened his extraordinary resolve to resist his lengthy incommunicado interrogation?

What will be the terms of his release? Will it be another illustration of what I have often called the “non-release release” (NRR) because the victim is in effect illegally transferred from one mode of loss of personal freedom to another involving less financial and reputational cost to the regime? So many valiant human rights lawyers have been neutered in one way or other after ostensible “release” from their years of futile resistance to unspeakable forms of detention.

I hope many journalists will pursue these inquiries.  

Memories of Bob Bernstein, June 25, 2019

Jerry Cohen

Certain extraordinary people symbolize important aspects of American life. Some stand out in politics, government or law, others in industry, finance, education, culture or sports. Bob Bernstein was a superstar. He was an emblematic figure in not one but two major fields – publishing and human rights. A person of unusual vision and energy determined to make the most of every available moment, Bob insisted on two for the life of one.

I can only speak about Bob’s great accomplishments in the human rights area, which led to a friendship of almost four decades. Yet even in this aspect Bob was a double-header. Not only was he a founder of the leading global human rights organization — Human Rights Watch, but he was also a founder of the leading human rights organization focused on China — Human Rights in China, often referred to as HRIC.

It was Bob’s perceptive preoccupation with China that brought us together, thanks to introductions by the distinguished Columbia political scientist Andrew Nathan and the indomitable scholar-activist Sharon Hom, who has long served as HRIC’s executive director. Together with the able colleagues they recruited for HRIC, this outstanding threesome, Bob, Andy and Sharon, who in China might be dubbed “the three representatives”, have enlightened the world about one of its major human rights challenges.

Robert L. Bernstein (1986). Credit: Don Hogan Charles/The New York Times

Robert L. Bernstein (1986). Credit: Don Hogan Charles/The New York Times

I loved the New York Times obituary about Bob, including the wonderful photos of him. Yet I felt that it didn’t give his work with HRIC its due. With Bob’s prodding and support, HRIC has not only informed the world about the Communist Party’s latest repression of freedoms of expression and arbitrary detention of Chinese who seek to exercise those freedoms, but has also courageously fought to hold the Chinese Government and the Party accountable for their transgressions before the United Nations and other international organizations.

Moreover, Bob was not simply concerned with human rights at large and in the abstract. He cared deeply about the individuals involved, the victims and their front line defenders and also their families. He would often call many of us to ask for ideas about how to find a job for newly-released Chinese dissidents who managed to reach this country or a college opportunity for their children.

Bob’s fierce determination to give voice to the necessarily voiceless was a regular feature of New York’s many China programs. He made sure that the PRC’s  increasing economic development, diplomatic influence and military prowess would not divert us from also considering the human, social and legal costs of its violations of the political and civil rights of its citizens.

I will never forget the lunch at the Council on Foreign Relations where, after listening to a comforting speech by the then Chinese ambassador to the United States, Bob, who was seated directly in front of the speaker, immediately and prominently shot his hand in the air to ask a question that the audience, knowing Bob, anticipated would shatter the harmony. The presider, however, a well-known member of the financial community, kept ostentatiously ignoring Bob’s hand. Finally, Les Gelb, then the Council’s president, to the evident satisfaction of the audience, eased the tension via a stage whisper to the presider: “You’ve got to recognize him!”, at which point Bob did the expected.

Bob was also a tireless human rights advocate behind the scenes. One day, for example, he insisted that I join him in calling on the then president of the Ford Foundation in a final attempt to persuade him to fund the work of HRIC. As Bob knew, Ford, which has done so much to aid China’s modernization, including the development of its legal system, was a reluctant dragon because the Beijing regime has always branded HRIC a “counterrevolutionary” organization. Ford, which has generously supported our NYU US-Asia Law Institute’s law reform projects in China, was concerned that funding HRIC might prejudice Ford’s many ongoing activities in the People’s Republic. I remember three things about that meeting: Bob’s passionate perseverance despite the odds, the respect with which Ford’s president treated him and the grace Bob demonstrated in receiving our inevitable disappointment.

We recovered soon afterward at one of our periodic breakfasts at the University Club, which Bob hosted and knew I enjoyed and which he effectively used as a vehicle for involving me in yet another human rights controversy with the Central Realm. Every time Bob invited me there I knew I would be risking the rice bowls of my law firm colleagues devoted to China and our NYU research associates and perhaps forfeit my next visa.

I could rattle on with other anecdotes but want to end with a tribute to Helen and Bob and their children, who are carrying on his human rights traditions. Bill has recently served as chairman of HRIC and, like the loyal NYU alumnus he is, was instrumental in establishing our comprehensive and innovative NYU Law School Robert L. Bernstein Institute for Human Rights in which Sharon Hom and our US-Asia Law Institute take part. Tom is  Co-chair of another dynamic and international human rights organization, Human Rights First, is Chair Emeritus of the United States Holocaust Memorial Museum and was instrumental in establishing the groundbreaking Bernstein program on human rights at his alma mater, Yale Law School. Peter, with whom I have had the pleasure of cooperating on some publishing projects, has taken a page from each of his father’s two careers and played an invaluable role in bringing to publication many excellent books relating to China and human rights that might have otherwise been still-born. Helen has presided over this energetic menagerie with apparent, if occasionally bemused, equanimity.

Bob was understandably proud of his sons’ perpetuation of his work and indeed proud of all the young people who have flourished and contributed to it, thanks to the foresight and support of the programs in Bob’s honor at Yale and NYU. I feel especially privileged to benefit even today from the continuing help of several of those NYU law students who went on to enjoy the Bernstein fellowships that enabled them to learn the ropes of human rights advocacy at HRIC.

I only came to know Bob toward the end of his impressive publishing career, at a time when he might well have rested on his laurels but instead went on to further achievements in the human rights field. I always told him that I hope to be like him when I grow up! His accomplishments and friendship during the marvelous second phase of his career make me want to recall a few words from Robert Browning’s “Rabbi Ben Ezra”:

“Grow old along with me, The best is yet to be, The last of life for which the first was made. Our times are in His hand, Who saith ‘A whole I planned.’ ……. Let age approve of youth and death complete the same.”

My take on Hong Kong's extradition bill

By Jerome A. Cohen

I've just written a commentary on Hong Kong's controversial extradition bill (SCMP link below). Comments are welcome, especially with regard to the solution proposed at the end of the article.

Jerome A. Cohen, If Beijing wants an extradition law with Hong Kong – and elsewhere – it should reform its judicial process, South China Morning Post, May 23, https://www.scmp.com/comment/insight-opinion/article/3011117/if-beijing-wants-extradition-law-hong-kong-and-elsewhere-it

Perhaps the most frightening aspect of the impending amendment is its application, not only to all SAR citizens and foreign and Chinese residents of the SAR, but also to anyone who passes through Hong Kong.

[New book] “Taiwan and International Human Rights: A Story of Transformation”

 By Jerome A. Cohen

I’ve had the pleasure of working with Professor William Alford of Harvard and Justice Chang-fa Lo of Taiwan’s Constitutional Court to edit this new book: “Taiwan and International Human Rights: A Story of Transformation”, which is published by Springer (Amazon link here).

The announcement of publication came today with the great news that Taiwan has just passed same-sex marriage legislation as the first country to do so in Asia! From a depressing island run by a dictatorship  that operated the world’s longest martial law regime to today’s vibrant constitutional democracy that actively engages universal human rights values, Taiwan is a testament to the resilience, endeavor and accomplishment of the Taiwanese people.

 

Washington Post: The forgotten victims of China’s Belt and Road Initiative

By Jerome A. Cohen

I played a minor role in the publication of an op-ed, The forgotten victims of China’s Belt and Road Initiative, with my colleague Aaron Halegua, a terrific Chinese labor law scholar whom I take credit for spotting many years ago, even before he started his JD study at the Harvard Law School! Here's the link to the op-ed online in the Washington Post. The Post was glad to have it and did a very careful job checking the facts and editing it, but I do not think it will appear in the paper because there are just too many Mueller Report-related op eds at the moment.

China’s Xinjiang Propaganda

By Jerome A. Cohen

China went through its third review in the UN Human Rights Council last November (“Universal Periodic Review”), in which many concerns about Xinjiang were raised. On Friday, the Council considered the report prepared for China (report link here). While China was able to summon many countries that have close ties to praise China’s human rights performance, such as Russia, Cuba and Iran, many countries urged China to stop its abuse in Xinjiang (including the US, Canada, Germany, Switzerland, Belgium and Australia etc). In response, China resorted to its usual rhetoric and stated that, “the Xinjiang vocational skills education and training institutions, which had been established for counter-terrorism purposes in the Xinjiang Autonomous Region, were focused on the study of legal knowledge, vocational and language skills and on deradicalization, and that they were employment oriented.”

Then the China Daily put out a report that China’s human rights record was praised by the Human Rights Council, with no mention whatsoever of the extensive international criticisms actually voiced against China. Ironically, the report features the photo of smiling Uyghur women dressed in colorful outfits (screenshot below)!

Screenshot, China Daily

Screenshot, China Daily

This reminds me of the 1977-8 first-time visit of Ted Kennedy and eleven family members to China that I helped arrange and escort. Ted wanted very much to visit a Chinese university and make a speech that might electrify the students the way Bobby had done on a Moscow visit. In order to prevent this, our hosts were instructed by the leadership that in no circumstances were we to be allowed to visit a university. In Shanghai we were told that Beijing would be the best place for a university visit. In Beijing we were told the universities were all on holiday but that Changsha would be a good place. In Changsha we were told that it only had eight universities but that Guangzhou, our next stop, had sixteen. At that point we really protested, so the hosts arranged a visit to a beautiful hilltop overlooking Hunan University so we could say that we had “seen” it and there, in a lovely knoll, were five assorted worker, peasant and soldier “students” dressed in colorful native costumes playing a variety of musical instruments. That, of course, enabled us to say we had “met with” students! When this farce led to ridicule and the assurance to our hosts that we would broadcast their charades on leaving China, they “relented” and arranged a visit to a Guangzhou university teacher’s home that they claimed was on campus!  

Conviction of Chinese human rights lawyer Wang Quanzhang

By Jerome A. Cohen

Chinese human rights lawyer Wang Quanzhang has been sentenced to four and a half years in prison for subversion. But, since we have not yet seen the court’s judgment and don’t know the details of his long detention, we cannot be certain what this sentence means.

Wang has been held in pre-trial and post-trial detention since July 2015, and detention time served is usually deducted from the sentence (with one-to-one credit for the days of regular detention and only half a credit for the days during which he was held in “residential surveillance at a designated location” or RSDL). This probably means that Wang can be expected to be released in April 2020 and perhaps even earlier, depending on how long he was confined in RSDL rather than regular criminal detention.  BUT the court may have deviated from the practice of giving credit for time already served prior to sentence, which would mean no release until mid-2023!

In light of the harsh sentences rendered to some other lawyers punished in the 709 crackdown, IF the court has followed the standard sentencing practice, it appears that the Chinese Communist Party/government has gone relatively (and unexpectedly) light on Wang. So many factors go into the sentencing decision. How has he behaved? What shape is he in? Has he made any apparently sincere commitment to abide by the secret promises usually extracted from a convicted person to be a “good boy” upon release? Has the Party decided to look lenient because of the intense world interest, the abusive and unusually lengthy pre-sentence detention Wang suffered and the current widespread international condemnation of China for its abominable misbehavior toward the three Canadians who are being punished in retaliation for Canada’s handling of America’s extradition request of the Huawei executive? 

Pressures on Wang not to appeal must be very great. Some convicted defendants decline to appeal because they know that the appeal process will not result in a favorable outcome and only extends the time they will remain confined in conditions that are often much more uncomfortable than the prison cell that awaits them once the appellate process has run its course. To be sure, we don’t know in what kind of shape Wang is mentally and physically and whether he has been subjected to any of the horrific “medical” treatment designed to break the will of so many political defendants. He may not be in condition to carefully weigh the wisdom of an appeal. If he is still capable of rational decision and retains his courageous determination, he may wish to appeal simply to avoid the inference that he accepts the decision as a correct and just one.

In any event it should be noted that only giving half sentencing credit for time served in RSDL is grossly unfair, since conditions tend to be more coercive than if the suspect is detained in an ordinary jail, even though an ordinary detention cell can be extremely uncomfortable. RSDL is not “house arrest” in one’s own home but in that of the secret police. I think double credit should be given for every day of RSDL until that vile detention practice is abolished, as it should be!!

The Code of Criminal Procedure limits RSDL to a three-month term that can be renewed once. Yet I have long suspected that police have meted out more than the maximum six-months RSDL term on some occasions by purporting to charge the hapless suspect with another “national security” offense that supposedly deserves their investigation. This may have occurred in the Wang case and perhaps the delay in issuing the judgment is related to an attempt to obscure that situation.

Wang Quanzhang, wife and son (Wang Quanxiu via AP)

Human Rights Lawyer Wang Quanzhang's Secret Trial

By Jerome A. Cohen

Wang Quanzhang, who has been detained incommunicado since July 2015, was reportedly tried today in a secret trial that neither his wife nor supporters could attend.

Wang Quanzhang and his wife Li Wenzu, with their child. Credit: Li Wenzu, via Associated Press

Wang Quanzhang and his wife Li Wenzu, with their child. Credit: Li Wenzu, via Associated Press

I didn’t have the good fortune to know Wang Quanzhang but I know what he stands for and what the public martyrdom that is his trial symbolizes. Wang, of course, represents the best, yet vain, efforts of many valiant Chinese human rights lawyers to establish the rule of law in an increasingly repressive Communist system. Like so many of his colleagues, Wang has been crushed after losing his freedom for more than 1,200 days. The wonder is that it has taken his captors such an impressively long time to prepare the secret trial.

In a year when “justice” has been chosen to be the world’s most prominent word, what we are allowed to know of Wang’s so-called trial is a brief but potent demonstration of “injustice”. Yet Chairman Mao once said that we should never underestimate the educational value of negative examples!

China, Xinjiang and UN Human Rights Review

By Jerome A. Cohen

Source: AP ( Uyghur protesters outside the UN Headquarters in Geneva, Nov. 6, 2018. )

Source: AP (Uyghur protesters outside the UN Headquarters in Geneva, Nov. 6, 2018.)

On Nov.6, the People's Republic of China underwent its third UN Universal Periodic Review (UPR), which is a peer review at the Human Rights Council of China's human rights record. Each country, ridiculously, only had 45 seconds to speak! All eyes were watching if China's mass incarceration of Muslims in Xinjiang and related repression outside the detention prisons would be criticized. Many countries did speak out, including the U.S., Canada, Germany and the UK. The only Muslim country that raised this issue is Turkey. It is shameful that Muslim countries and their regional organizations have done so little to date. The PRC cleverly lined up a large number of sycophant states to sing its praises and take time away from states that wanted to be critical. (All UPR-related documents are here at the UN's website.)

The PRC has moved relentlessly to increase its influence over the Human Rights Council while the U.S. has withdrawn from it. Accordingly, many countries, including developing and authoritarian countries that rely on China's economic ties, lavished high praise on China's human rights achievements, instead of treating the session seriously.  But there are a few other UN possibilities for condemning the PRC’s misconduct in Xinjiang and elsewhere, for example, the recent criticism of the PRC by the committee that reviews violations of the racial discrimination treaty. Other treaty review committees can also become relevant forums. The UN Working Group on arbitrary detention is another institution that quietly—too quietly—frequently condemns PRC violations against individuals..

Demands by the High Commissioner for Human Rights to send special rapporteurs to China on one mission or another have occasionally been acceded to by Beijing after very long pressure and have resulted in withering criticisms of the PRC’s dictatorial suppression. I don’t expect Beijing to allow any such scrutiny over Xinjiang soon, but it depends on how much international public opinion becomes informed on what is taking place. There are many opportunities for regional groups outside the UN to embarrass the PRC for its human rights oppression, for example, NATO, the EU and the various Western countries’ economic policy meetings. 

NGOs and academics have become much more active. As one of the organizers of the recent protest by public speakers promising to criticize the PRC for Xinjiang atrocities, I mention this in every public appearance, as do many of the over 250 China watchers who have taken the pledge. I hope there will be a multiplicity of the above efforts.

Xinjiang & the Global Magnitsky Act

By Jerome A. Cohen

Here is a terrific, comprehensive explanation from SupChina of helpful reports and articles about Xinjiang’s “re-education camps” . While China tries hard to conceal information, the materials currently available should prompt the United Nations and its human rights regime—including human rights treaty bodies, the Human Rights Council and its Special Procedures—to investigate and to condemn with confidence these atrocities in Xinjiang.

The outside of a newly built internment camp in Turpan, Xinjiang. Picture by Wall Street Journal reporter  Josh Chin .

The outside of a newly built internment camp in Turpan, Xinjiang. Picture by Wall Street Journal reporter Josh Chin.

It also makes one ask: what evidence is necessary under the Global Magnitsky Act in the United States to apply sanctions not only against those who are actually carrying out these abuses, starting with Chen Quanguo, the Party chief in Xinjiang, but also against those in Beijing who are instructing Chen to do so? We all know who runs China today!

This reminds me of the time in 1964 that I had an opportunity to have coffee in Hong Kong with Zhang Guotao (Chang Kuo-tao), one of the founders of the Chinese Communist Party who later split with Mao and remained in exile. I wanted to understand why Communist leaders had such mistrust of law and a genuine legal system. Zhang said that, while he did not know much about law and neither did Mao, perhaps he could give me an example that might help answer my question. In effect he then said: “If A kills B, no system would have trouble punishing A. But what if A merely tells B to kill C and B does it, how could a legal system punish A?” That, Zhang said, was probably the kind of thinking that underlay Mao’s mistrust!

The U.S. legal system usually is not troubled by such a simplistic challenge!

What can be done regarding Xinjiang’s mass detentions?

By Jerome A. Cohen

I have discussed Xinjiang’s horrific detentions on my blog. There should be more investigative reporting that looks into various important questions. We do not know all the types of detention resorted to. They may include: simply lawless detentions, i.e., not based on any regulations or laws; detentions authorized by some written document even if issued only by low level police; detentions based on special legal provisions under the new Supervision Law; detentions based on the usual Criminal Procedure Law; and detentions based on special provisions of the Criminal Procedure Law, i.e., residential surveillance.

It would be difficult to convincingly argue that these detentions are consistent with the PRC Constitution if such arguments could be made before an impartial tribunal, which, of course, does not exist in the PRC. These detentions are very similar to those imposed for decades under “re-education through labor” (RETL), which, like several other notorious administrative detention procedures, finally had to be abandoned by the regime, at least in name. Yet similar detentions still take place under various rubrics such as “re-education” for drug offenders, prostitutes and their customers and political offenders who continue to be given “black jails” and other types of confinement.

We are purposely being kept in the dark about the unique, massive detentions in Xinjiang, which have confined many hundreds of thousands of closely-settled people on many specious charges. Perhaps the last time so many people have been detained outside the formal criminal process was in the 1957-59 “anti-rightist” campaign where RETL was first used.

Given the Communist Party’s domination of the judicial system, the legal impossibility of getting the courts to consider constitutional claims and the refusal of the National People’s Congress Standing Committee, which, unlike the courts, is authorized to interpret the Constitution, to consider such claims, there is no prospect for challenging the Xinjiang measures domestically. It is worth noting, however, that what is being done should be understood as violating procedural rights under Article 37 of the Constitution as well as various freedoms enshrined in the Constitution, not to mention relevant provisions of China’s Criminal Procedure Law and other national legislation.

To be sure, the Xinjiang measures also violate public international law in many respects. China has signed but not ratified the International Covenant on Civil and Political Rights, which plainly prohibits arbitrary detentions. The PRC has ratified the Convention Against Torture and the International Covenant on Economic, Social and Cultural Rights, and the Xinjiang actions are clear violations of these international treaties in many respects. Other international human rights violations can also be established. Relevant treaty bodies, such as the Committee Against Torture and the Committee on Economic, Social and Cultural Rights, should review the Xinjiang detentions in their dialogues with China, ask the Chinese government to provide accurate information and condemn violations in Xinjiang.

Additionally, other UN human rights agencies are the obvious fora in which to move, including the UN Human Rights Council, the UN independent human rights experts such the Working Group on Arbitrary Detention and other special rapporteurs, and the Office of the High Commissioner for Human Rights. Unfortunately China has moved skillfully to dominate the UN Human Rights Council and the U.S. Government has certainly not risen to the challenge of effectively opposing China’s maneuvers. The departure of Mr. Zaid, the energetic and courageous High Commissioner for Human Rights, is greatly to be regretted.

Individual countries, of course, can take actions, which is why I recommend that the U.S. Government adopt Magnitsky Act sanctions against those responsible for Xinjiang, starting with Xi Jinping.

Various concerned countries can also act in concert outside the UN, for example excluding China from major economic and political meetings. It is a particular disgrace that Turkic, Muslim countries and their organizations have done so little to condemn China for what it is doing to their kinsmen.

There should also be many public protests by ordinary citizens, i.e., NGOs and popularly-inspired meetings in free countries whose people support human rights.

U.S. should impose Magnitsky Act sanctions against China’s human rights violators

Jerome A. Cohen

Amnesty has just issued a plea for urgent action on behalf of what remains of lawyer Jiang Tianyong. Amnesty’s announcement seems understated despite the large cap title. Jiang is exposed to more than the “imminent risk of torture and other ill-treatments”. He has in actuality long been suffering from such abuse that is designed to break him as a person, to destroy him both mentally and physically. And, as we know from many cases including those of Gao Zhisheng and Wang Quanzhangthis calculated campaign to end China’s human rights lawyering seems to be gradually thinning the ranks of human rights lawyers. The many, sometimes bizarre, procedural violations in Jiang’s case are a reminder of the realities of Chinese justice when it comes to those who challenge the regime. His captors should be investigated on charges of what may well amount to “attempted murder”.

I know Jiang but have never cooperated with Wang Quanzhang, whose case appears to be even more outrageous. After three years of absolute silence about Wang’s fate the Party has reportedly decided to finally bring him to “trial” in the near future but his mental and physical condition are both in doubt, and he has not been allowed to retain his own lawyer but must accept a government-selected one.

Despite Chinese Government maneuvers to gain control over the international human rights institutions and the current relative indifference of the U.S. Government to human rights issues, greater efforts must be made to try to stop the PRC campaign against human rights lawyers. One important, if largely symbolic, response would be for the U.S. to impose Magnitsky Act sanctions against those Chinese officials who are directly responsible for executing this notorious campaign, starting at the top of the Communist Party.

“In China, they call it a political camp but really it was a prison in the mountains.”

By Jerome A. Cohen

(Photo credit:  AFP ; the 41-year-old said she had been tricked into working in one of the camps)

(Photo credit: AFP; the 41-year-old said she had been tricked into working in one of the camps)

Here’s a valuable AFP report on Xinjiang, China’s 'reeducation camps' in spotlight at Kazakhstan trial. There have been occasional references to the mass detention of Kazakhs as well as Uyghurs but this report tells more. It is especially interesting to learn much new information through the medium of a public trial allowed to be held in Kazakhstan despite the politically explosive nature of the charges for the country and its dictatorial government that functions under China’s shadow.

In China a similar case, IF a formal criminal prosecution is used instead of simple arbitrary detention, would usually be closed to the public on grounds of national security. In this case, by contrast, Kazakhstan held an open hearing, apparently attended by foreign media, in which the accused had the benefit of an active defense lawyer who was allowed to question his client extensively. The court, for political reasons, might have curtailed the scope of the testimony to avoid discussion of the Chinese “re-education centers” but instead properly allowed the questioning to take place in order to make clear the background of the defendant’s resort to false travel documents. The defendant, who seems to have made an excellent witness, aptly summed up the terrible Xinjiang situation when she said: “In China, they call it a political camp but really it was a prison in the mountains.” !!! 

Liu Xia’s release: half-way house toward freedom

By Jerome A. Cohen

Liu Xia arrives at the Helsinki International Airport in Finland on July 10 (Jussi Nukari/AP)

Liu Xia arrives at the Helsinki International Airport in Finland on July 10 (Jussi Nukari/AP)

Here is an excellent statement by the UN HR High Commissioner Zeid Ra’ad Al Hussein on Liu Xia’s release. Liu Xia is now physically free but still enslaved mentally since her brother Liu Hui has been intentionally kept hostage. Liu Hui was convicted of fraud in 2013 and was sentenced to 11 years in prison. He’s been released under medical parole, a lesser criminal law restraint, which can be revoked by the authorities at any time. So for Liu Xia her release is a half-way house toward freedom, really a new form of restriction, another ingenious type of detention-equivalent administered by a PRC that spawns new types of detention almost every day, as the Xinjiang “re-locations” illustrate.

Liu Xia’s restricted release is certainly a case of China responding to outside pressures—enormous pressures of various types including those generated by human rights groups. The PRC, like the rest of us, tries to turn a vice into a virtue and make the best of a difficult situation. They still have Liu Xia’s brother to trade and what about the missing human rights lawyers and the hundreds of thousands lawlessly locked up in Xinjiang? There’s a lot of material to work with any time they feel the need to get better press by releasing some people without actually reducing their repression.

The urgent need for stronger foreign opposition to China’s human rights violations

By Jerome Cohen

The essay by Rian Thum and Jeffrey WasserstromThe Dark Side of the Chinese Dream, deserves the widest attention. The problem of how to alert the world to gross violations of human rights while coping with the broader political actions of the perpetrating state is not a new one, of course, in regard to China and other dictatorships. We have long faced a similar challenge regarding North Korea.

It also reminds me of the late 1930s when growing international concern over the foreign political actions of Hitler helped to obscure the domestic horrors he was increasingly committing and to diminish the foreign reactions to those horrors that might have otherwise been expected.

With respect to China’s continuing atrocities, it is time to consider how to heighten the awareness and willingness to protest of the foreign governments and businesses that interact with Beijing. Much greater pressure has to be applied to the national politicians who influence the actions of their  governments. Social protests and boycotts against the multinational corporations that court the PRC and yield to its demands may be necessary to get their attention. Popular condemnations even at athletic events may be desirable. Of course, it behooves the United States Government and the American people to cure our own human rights abuses. “Do as I say, not as I do” is never an attractive or effective posture.

'Easier to die than live': #LiuXia, widow of Chinese dissident Liu Xiaobo, cries out for help in phone call https://www.hongkongfp.com/2018/05/02/easier-die-live-liu-xia-widow-chinese-dissident-liu-xiaobo-cries-help-phone-call/

China sends Uyghurs to re-education camps as a “preventive measure”

By Jerome Cohen

Here is a Radio Free Asia report on the hundreds of thousands of Uyghurs who have been detained in “re-education” camps. The number detained may have reached one million, according to the estimate. This is far beyond the number of those who were retained for “re-education through labor” (RETL) at any given time in what were supposedly the last years of that notorious punishment. As I recall, there were usually said to be about 300,000 detained for RETL at that time.

We need to know much more about who has been recently detained in Xinjiang, for what reasons, by what procedures, for how long, for what type of “education” etc. Is it really true that people under 40 are being preventively detained without any basis for suspicion other than the fact that, because of their relative youth, they might be susceptible to evil thoughts and actions? This is a horrendous situation that makes a mockery of the Party’s claim that it is pursuing the “rule of law”. It invites comparisons with the early years of Hitler’s attack on the Jews.

It also makes me think of Lee Kuan-yew’s Singapore. Until the early ‘80s, when he changed his views, Lee prohibited Singaporeans under 40 or 45 (I forget which) who had been educated in the PRC from returning to Singapore, regarding them as security risks. Lee also resorted to preventive detention, but on a very limited scale and with respect to people who had at least demonstrated what he regarded as “left wing” sympathies. I hope those of us who observe developments in China will not look away from this ugly, worsening phenomenon in the Central Realm.

China is likely to enter another long period of severe dictatorship

By Jerome A. Cohen

Term limits for the leadership are not usually found in dictatorships. The Chinese Communist Party’s proposed abolition of China’s presidential term limit means that it has forgotten one of the main lessons of Mao’s long despotism. The two-term limit was inserted into the People’s Republic of China Constitution after the Cultural Revolution ended and reflected a widespread desire to prevent the return of one-man dictatorship. Its abolition signals the likelihood of another long period of severe repression. This should prompt us to think of Chiang Kaishek as well as Mao and Yuan Shikai and, in a comparative Asian vein, of Marcos and Park among others. Of course, some recognize that Putin’s example may also have significantly influenced Xi Jinping.

Xi’s move will have a profound effect on world order. It will enable him to move more boldly and increases the risk of his acting arbitrarily and perhaps mistakenly in international relations. It will surely hinder China’s efforts to be respected for “soft power” as well as military and economic prowess.

Xi decided to strike while the iron is hot rather than wait for later in his new term when increasing problems might have made the change more difficult. His brash step has undoubtedly aroused profound concern among the elite. Many high Party personnel, bureaucrats, judicial officials, lawyers, intellectuals, academics and business people, mindful of the past Maoist dictatorship and the increasingly repressive and arbitrary government under Xi, have seen this coming and now, in social media and other informal ways, are showing their anxieties and opposition.

But not many public signs of protest can be expected, since he has stifled free expression in the past few years. There must be great grumbling and concern among the country’s elite and educated, especially since the same Party “proposals” that have eliminated term limits have also confirmed the establishment of the National Supervisory Commission that will make the regime more repressive and more free of legal restraints than ever, imposing what amounts to “the Inquisition with Chinese characteristics.”

There is big risk for Xi at home since, as it becomes more obvious that China’s problems are catching up with its achievements, the government will look less impressive and the masses will begin to lose their enthusiasm and hold the great leader responsible. The elite will be less surprised but less forgiving.

The external risk is more immediate. Xi’s bold consolidation of power will enhance fear of “the China threat”, and his ever greater repression will make people think of Stalin’s decades-long centralization of power, even though, one hopes, Xi will not engage in mass executions. He already is engaging in mass detentions in Xinjiang even though “re-education through labor” was abolished in name a few years ago.

These “proposals” are at least a 1-2 punch against the Constitution when we consider the simultaneous establishment of the National Supervisory Commission. People often wonder—even now—how in 1937 Stalin could have said: “We need the stability of the law more than ever.” while at the very same time displaying the infamous “purge trials” to the world and lawlessly executing huge numbers of people. Xi claims to be strengthening the “rule of law” while making certain that it will never get off the ground. Tell it to all the tens of thousands in Xinjiang who are locked up in Xi’s successor camps to the supposedly abolished “re-education through labor”.