Eva Pils | China Change
This article was published first on China Change web site on January 10, 2016
Meeting people who could be disappeared anytime is a bit unnerving. You keep wondering if this is the last time you’ll see them. You want to ask what you should do in case something bad happens, but you don’t want to distress them by asking too directly.
As part of my research on human rights in China, I’ve spent the past several years interviewing Chinese lawyers. I meet with them in coffee-shops, parks, or in their homes, to discuss their work and their experience of repression. I’ve seen them disbarred, watched them being followed and harassed by the police, spoken to them when they were under house-arrest, and met some of them after spells of imprisonment or forced disappearance to ask them about their experience ‘inside’: What were the prison conditions? What was the mentality of guards and interrogators — and torturers? Six months ago, things started happening to many of them at once. They were taken away under various forms of custodial measures for investigation, or simply disappeared. As of this writing, several have still not come back, as detailed in this open letter. They have been held for six months without access to counsel, and there is good reason to believe that they have been tortured.
When I last met lawyer Wang Yu, she seemed most concerned about her sixteen-year-old son, Mengmeng. She worried that his passion for human rights put him at risk, especially with two human rights lawyer parents already in trouble. After an official news report denounced Wang Yu as a criminal and a fraud, she expected to be detained, or at least disbarred, but was not going to worry about herself as long as her son could leave to study in Australia. ‘I am really afraid they might detain him too. For myself, I no longer care if I am detained, I am not afraid,’ she said. As I looked at her sensitive and tired face and wondered how she could cope with being locked up again, she must have sensed my concern, and added, ‘I’ve been to prison. If I have to go to prison again, that’s fine, no problem.’ She also said, ‘[If I leave now] people will think that I have done something wrong, won’t they? But I haven’t done anything wrong, let alone anything illegal or criminal.’ And: ‘If anything happens, I hope that international society can pay attention and that someone will be taking care of our child.’
The next and last time I saw Wang Yu was on television. She had been taken away the same night that her son and husband were, on their way to the airport. Mengmeng, their son, was released after two or three days and sent to live with relatives. When some friends later tried to help smuggle him out of the country, the authorities caught up with him in Myanmar and returned him to stay with his grandmother, where he’s been kept strictly monitored. Perhaps they needed Mengmeng to control his parents. Perhaps they were afraid he would expose details of their crimes against him. Wang Yu and her husband have still not been released, but I saw them both, devastated – she was in tears – on national television when they were told that their son had been returned to China.
Some seven months after our last meeting, I wonder if Wang Yu now regrets her choice to stay. She will be asking herself if she could have somehow saved her son; and I wonder if I should have urged her more to leave while there may still have been a chance to do so. Yet I know that allowing these thoughts means falling prey to a particularly effective form of repression. Repressive systems exploit the guilt we feel towards friends in trouble, and our fear of feeling that guilt (infinitely worse, of course, in the case of a close relation, a child). They benefit from making us believe that we, not they, are in control; that we are responsible for the harm they do to others.
My other friends knew as well as Wang Yu how likely they were to ‘go in.’ They understand as well as anyone what systems for control and punishment the Chinese state has at its disposal. They also know that, as rights lawyers, they are constantly at risk of becoming their own clients. The shadow of state terror hangs over them all the time, and some, like serious, courageous lawyer Wang Quanzhang, have seen so much and been through so much that it has produced a kind of hardened numbness. In one of our exchanges, speaking of an experience of being beaten by a judge, he said this sort of thing had happened so often that ‘I no longer feel hate or humiliation.’ Most insist that fear, even fear of terrible things like torture, can be overcome. They prepare for it – for instance, by appointing each other as legal counsel just in case, and by learning to meditate to detach themselves from their physical environment. And instead of their fear, they try to focus on their victories.
In our last chat in June 2015, for example, veteran rights lawyer Li Heping, another friend of many years, took comfort from the fact that so many lawyers had met each other and bonded through joint advocacy efforts. He thought, and I think he was right, that this was of great importance to China’s human rights movement: ‘Society still keeps changing, but there is more pressure now. Citizens’ rights consciousness has risen and so has government repression.’ He also observed that repression was in some ways a great testimony to the rights movement’s successes. ‘Regarding us lawyers, more lawyers have gone to prison, but more lawyers are also supporting [the ones who have been taken away].’
Bao Longjun, Li Heping, Wang Quanzhang and Wang Yu are among the ones who have not come back yet, as have Zhou Shifeng, the head of the law firm where three of them used to work, and several other Fengrui employees. Their absence is keenly felt. It does diminish the vibrancy of China’s human rights movement; and I know that unfortunately, some part of a person who ‘went in’ may never be back. It is not their moral convictions, but the ability to be happy, perhaps, or some sort of basic trust in others. Still, for the reasons Li Heping gave, these absences also have effects the authorities cannot have intended; they trigger concern and support. The authorities can disappear him and others, but not the movement these lawyers represent.
Eva Pils is a Reader in Transnational Law at King’s College London’s Dickson Poon School of Law, a Non-resident Research Fellow at the U.S. –Asia Law Institute, New York University Law School, and author of China’s human rights lawyers: advocacy and resistance (Routledge, 2014).