Tan Zuoren
Encyclopedia
Tan Zuoren from Chengdu
Chengdu
Chengdu , formerly transliterated Chengtu, is the capital of Sichuan province in Southwest China. It holds sub-provincial administrative status...

, Sichuan province, People's Republic of China, is an environmentalist, writer and former editor of Literati magazine (文化人).

On February 9, 2010. he was sentenced to 5 years in prison for “inciting subversion of state power
Inciting subversion of state power
Inciting subversion of state power is a crime under the law of the People's Republic of China. It is article 105, paragraph 2 of the 1997 revision of the People's Republic of China's Penal Code....

.” Amnesty International
Amnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...

 Asia-Pacific Deputy Director said: “His arrest, unfair trial and now the guilty verdict are further disturbing examples of how the Chinese authorities use vague and over broad laws to silence and punish dissenting voices.”

2009 court case

After the 2008 Sichuan earthquake
2008 Sichuan earthquake
The 2008 Sichuan earthquake or the Great Sichuan Earthquake was a deadly earthquake that measured at 8.0 Msand 7.9 Mw occurred at 14:28:01 CST...

 Tan came up with a proposal called the "5.12 Student Archive" (5·12学生档案) asking people who lost their children in the quake to set up a victim database
Database
A database is an organized collection of data for one or more purposes, usually in digital form. The data are typically organized to model relevant aspects of reality , in a way that supports processes requiring this information...

. But for his trouble, Chengdu police searched his home and confiscated his DVDs, manuscripts and documents. Tan coined the expression「豆腐渣」(tofu dreg project
Tofu-dreg project
The phrase tofu-dreg project is a phrase current in Mainland China used to describe a poorly constructed building. This phrase was coined by Zhu Rongji, the former premier of the People's Republic of China, on a visit to Jiujiang City, Jiangxi Province to describe a jerry-built dam.In China, the...

) to describe the shoddy construction quality of Sichuan schools. On March 28, 2009 he was detained on allegations for subversion
Subversion (politics)
Subversion refers to an attempt to transform the established social order, its structures of power, authority, and hierarchy; examples of such structures include the State. In this context, a "subversive" is sometimes called a "traitor" with respect to the government in-power. A subversive is...

 of state power. Tan Zuoren was formally accused of defaming the Communist Party of China
Communist Party of China
The Communist Party of China , also known as the Chinese Communist Party , is the founding and ruling political party of the People's Republic of China...

 in email comments about the Tiananmen Square protests of 1989
Tiananmen Square protests of 1989
The Tiananmen Square protests of 1989, also known as the June Fourth Incident in Chinese , were a series of demonstrations in and near Tiananmen Square in Beijing in the People's Republic of China beginning on 15 April 1989...

.

According to the indictment, "The indicted Tan Zuoren is dissatisfied with the methods and verdict of the Party Central Committee concerning the “June Fourth Incident” and for many years by various methods has been involved in “June Fourth” activities. On May 27, 2007, Tan Zuoren concocted an article entitled “1989: A Witness to the Last Beauty: An Eyewitness’ Tiananmen Square Diary” and using the Internet put it on the website “Torch of Liberty” and other websites outside of China mainland. The main points of that article distorted the handling of the “June Fourth Incident” by the Central Committee of the Chinese Communist Party and libeled it. Shortly after that article was posted, the enemy element outside mainland China Wang Dan
Wang Dan
Wang Dan , a leader of the Chinese democracy movement, was one of the most visible of the student leaders in the Tiananmen Square protests of 1989. Wang holds a Ph.D. in history from Harvard University. From August 2009 to February 2010, Wang taught cross-strait history at Taiwan's National...

 contacted him by email and on several occasions sent him propaganda materials about “June Fourth”

On August 12, 2009 his trial in Chengdu
Chengdu
Chengdu , formerly transliterated Chengtu, is the capital of Sichuan province in Southwest China. It holds sub-provincial administrative status...

, Sichuan province was held. . Tan's lawyer Pu Zhiqiang (浦志强) said that "The authorities getting their hands on your witness list and then harassing the witnesses and locking them away, that’s a disgrace for the courts in China. But it is the status quo of our judicial system, I think they are doing that because they are afraid.”

Tan Zuoren's defense lawyers Xia Lin and Pu Zhiqiang in their defense summation told the court that:

"The behavior and speech of Tan Zuoren do not constitute this crime.

As everyone knows, the character of the PRC government is a “people’s democratic dictatorship”, that is to say the great majority of the people through democratic means hold state power. Overthrowing state power, then, means having the intention to use anti-democratic methods to destroy the system of people’s democracy. By looking through all of Tan Zuoren’s writings, one can see that he is a person who passionately loves the people, supports democracy, and is opposed to autocracy. Mr. Tan Zuoren is a pioneer of people’s democracy and its guardian, not one who would overturn it and destroy it. To convict him of incitement to overturn state power contradicts the basic character of PRC state political regime.

The matters described above are sufficient to prove that none of the accusations of the prosecution about the speech and actions of Tan Zuoren constitute the crime described in Article 151 in the PRC Criminal Code of “incitement to overthrow state power”. The accusation that Mr. Tan Zuoren committed this crime fails for lack of evidence.

Sichuan since ancient times has been a place where cultured people gather. Many heroes have arisen throughout the history of Chengdu. We are confident that Sichuan has sufficient political wisdom to handle the Tan Zuoren case. Let us quote here a couplet from the Wuhou Temple of Chengdu for the people involved in this case:

“Those able to win people’s hearts are able to eliminate their doubts and their worries; from ancient times people knowledgeable in military affairs have avoided fighting whenever possible; those who are not able to judge situations will make mistakes no matter whether they are strict or lenient. Those who govern Sichuan in the future should deeply reflect upon this.”

The defense earnestly requests that the panel of judges reflect deeply and according to Article 162 of the Law of Criminal Procedure of the PRC, and that they find and proclaim the defendant Tan Zuoren not guilty."

Contemporary artist Ai Weiwei
Ai Weiwei
Ai Weiwei is a Chinese contemporary artist, active in sculpture, installation, architecture, curating, photography, film, and social, political and cultural criticism. Ai collaborated with Swiss architects Herzog & de Meuron as the artistic consultant on the Beijing National Stadium for the 2008...

, who travelled to Chengdu to testify, said he and 10 other volunteers were woken up by police entering their hotel rooms at 3 am dawn on August 12. He was beaten up and prevented from leaving until after the trial adjourned. Tan's supporters and Amnesty International said he was detained because he planned to issue an independent report on the collapse of school buildings
Allegations of corruption in the construction of Chinese schools
The Sichuan schools corruption scandal was a series of allegations of corruption against officials involved in the construction of schools in regions affected by the 2008 Sichuan earthquake...

 during the Sichuan earthquake. Ai Weiwei said "they were like gangs in a movie, they could do whatever they wanted. It was very scary."

Tan's trial began a week after another earthquake activist, Huang Qi
Huang Qi
Huang Qi is a Chinese webmaster and human rights activist. He is the co-founder of Tianwang Center for Missing Persons , along with his wife Zeng Li...

, was tried on state secrets charges in Chengdu; he was convicted and sentenced to three years' imprisonment on November 23, 2009. Tan's lawyer, Pu Zhiqiang said the report on the earthquake all show his investigation is objective and scientific.

Hong Kong's now TV
Now TV
Now TV is a 24-hour pay-TV service provider in Hong Kong.It is transmitted through the company's Netvigator broadband network via an IPTV service...

 aired footage of Chengdu police searching the luggage and hotel rooms of two of its journalists, who were prevented from leaving the hotel for seven hours, while police said they looked for drugs. Footage of security forces manhandling reporters was also shown widely on television news.

With credit for prison time served before his conviction, Tan Zuoren is scheduled to be released on March 27, 2014.

2010 appeal

On June 9, 2010, the Chengdu Intermediate People's Court rejected his appeal. The sentence of 5 years in jail and 3 years deprived of political rights was upheld.

See also

  • Hu Jia
    Hu Jia (activist)
    Hu Jia is an activist and dissident in the People's Republic of China. His work has focused on the Chinese democracy movement, Chinese environmentalist movement, and HIV/AIDS in the People's Republic of China...

  • Weiquan movement
    Weiquan movement
    The Weiquan movement is a non-centralized group of lawyers, legal experts and intellectuals in the People's Republic of China who seek to protect and defend the civil rights of the citizenry through litigation and legal activism...

  • Corruption in China
    Corruption in China
    The People's Republic of China suffers from widespread corruption. For 2010, China was ranked 78 of 179 countries in Transparency International's Corruption Perceptions Index, ranking slightly above fellow BRIC nations India and Russia, but below Brazil and most developed countries...


External links

Tan's blog 川震公民調查拒絕遺忘,張潔平,亚洲周刊二十三卷十五期,2009年4月彭州石化危害成都城市安全,譚作人,2008年11月30日,亚洲周刊譚作人被禁制的最後陳述 亞洲週刊二十三卷四十七期 (2009-11-29)社民連到中聯辦示威要求釋放譚作人劉 曉 波2010-02-10 豆腐渣工程罪魁逍遙法外 譚作人追查反被以言入罪 2010-02-10 四川維權人士譚作人被判刑五年 國際特赦組織:...中國當局運用「模糊和過於廣義的法律壓制和懲罰不同意見的手法」
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