What are the implications of China's lawsuit against Adrian Zenz?

By Jerome A. Cohen

Adrian Zenz

U.S-based academic Adrian Zenz

Here is a recent article by Eva Dou on a lawsuit against U.S.-based academic Adrian Zenz for his work on exposing human rights abuses in Xinjiang. I assume this is a civil lawsuit for defamation. It is probably an effort to reinforce propaganda throughout the country to convince the Chinese people that foreign stories about Xinjiang are demonstrably false. Defamation can also be a crime in China. Zenz has nothing to worry about as long as he does not set foot in China, unless some effort is made to enforce a PRC judgment in the courts of a country where he resides or has assets, which could be the United States, Germany or elsewhere. In such case, he might well benefit from the pro bono services of local lawyers who oppose this form of PRC oppression. Otherwise, legal defense fees could prove costly even if, as I assume, he defeats the attempt at enforcement of the foreign judgment and the court does not require the plaintiffs to reimburse his fees.

Similarly, Singapore’s Prime Minister Lee Kuan Yew made good use of defamation suits to crush local political opponents by persuading his courts to award huge damage verdicts against the opponents. They would also have to pay court costs and lawyers’ fees, perhaps even for the lawyers who sued them! The defendants had no place to hide.

Perhaps Zenz should contemplate bringing suit outside China against the Chinese companies who seek to harass him in China if they have a presence in relevant jurisdictions. He can probably find lawyers to help him pro bono, and this would not only cause the companies to incur expense but also harm their reputations in markets of importance.