This article was first published on ChinaChange.org website on May 3, 2016
Shortly before June 4, 2014, ten citizens in Zhengzhou, the capital of Henan province, were arrested for holding a public memorial for Zhao Ziyang , the late Communist Party leader who died under house arrest in 2005. Zhao’s crime was to show sympathy for students in the 1989 Tiananmen pro-democracy movement. The memorial was held in the open fields of China’s Central Plains, not far from Zhao’s hometown; now, all participants but Yu Shiwen have since been released.
Mr. Yu was indicted on February 11, 2015, for “provoking disturbances.” But he hasn’t been sentenced, and is instead being kept in deplorable conditions as his health rapidly worsens. Both Yu Shiwen and his wife Chen Wei were college students in Guangzhou in 1989 and got involved in the democracy movement that took China by storm.
On March 9, 2016, Yu wrote an open letter to Ren Kai, the lead judge of the court in Zhengzhou, where his case was supposed to be tried, confronting his abuses and cowardice. Yu vowed: “I’ll hold you responsible for this for the rest of your life. You’ll be pursued by me forever, to the very ends of the earth.”
On March 18, Yu was told that his trial had been postponed for the third time, supposedly approved by China’s Supreme Court.
On April 1, Yu’s lawyer Ma Lianshun submitted a complaint against the presiding judge and three other judicial personnel.
“The law doesn’t say who you can or can’t hold memorial services for,” the complaint said. “Moreover, Hu Yaobang and Zhao Ziyang were both former leaders of the Party and state, and made great contributions to the reform and opening of China. When Zhao Ziyang died, he was cremated at the Babaoshan revolutionary cemetery. Why can’t Yu Shiwen, who shared the same hometown with Zhao, memorialize the latter’s death? Why all of a sudden is it a matter of picking quarrels and provoking trouble?”
The argument continued: “None of the defendants [referring to the judges] independently exercised their judicial authority. They did not scrupulously follow the constitution and the law as required in China’s Judge’s Law. Judicial cases must be founded in the facts, the law must be the criterion for judgement, cases must be handled impartially, and judges must not bend the law to favor their associates or other officials. Refusing to exercise proper judicial judgement, detaining Mr. Yu for two years with the clear knowledge that he was innocent of the crime, and refusing to promptly exercise judicial supervision over procuratorial power as required by law—all of this, according to Article 399 of the Criminal Law, constitutes a crime.”
On April 28 Yu Shiwen’s wife Chen Wei published an open letter to the president of the Supreme People’s Court Zhou Qiang titled “A Captive Who’s Neither Been Tried, Sentenced, Nor Released,” in which she wrote: “The procedures under which this case was heard are shockingly preposterous, and even the Supreme People’s Court played a special role in how it was handled.”
Chen wrote that every time the Guancheng District Court of Zhengzhou city postponed the trial, it provided Yu Shiwen’s lawyer with a letter saying that it had received the approval of the Supreme People’s Court for the “postponement.” Each postponement was for three months. But the court refused to give Yu’s lawyer an explanation of the reason for the postponements, and also refused to provide them the authorization documents from the Supreme People’s Court.
“Just like that, my husband became a non-person, a lonely prisoner that no one was responsible for. His fate was simply ‘set aside’ in this inconceivable fashion. His future, family, happiness, and career—all was taken away. His life was frozen, given over to an indeterminate ‘postponement.’”
“During the nearly two years he has been held captive like this….in a tiny cell about 30 square meters, curling up with a dozen other prisoners in a long bed with little room to move around and only occasional yard time. You can imagine the torment and helplessness he suffers!”
“For my own part, every day is spent enduring bottomless anxiety. Yu Shiwen suffers high blood pressure, cerebrovascular disease, and in late 2012 he suffered a serious stroke. He suffered another stroke shortly after he was detained, and spent four months in the detention center hospital. My mother-in-law, 86 years old, is sick from worrying about her son. I can’t help but worry that she won’t live to see her son again.”
On May 2, the lawyer met with Yu Shiwen again, who had been fasting for nearly a week in protest against his treatment. Though extremely weak, Yu said he’s going to resist until the end—to use his death as protest, if need be. He said: “Tell my friends to take care! This is how I’m leaving!”