This article was first published in China Change website on April 1, 2019
In the summer of 2018, I applied for the “Humphrey H. Humphrey Fellowship Program” to study law and human rights. After I was interviewed and had taken the TOEFL, I was accepted into the program. According to arrangements made by the program administrators, I was due to fly to the United States on April 1, 2019, to participate in English study in advance of the start of my program.
In order to succeed in traveling to the United States to study, I contacted the relevant personnel of the Beijing Municipal Public Security Bureau (Beijing PSB) to ask if I was still prohibited from leaving the country. I was told that I was prohibited from going to the United States for educational exchange, and that the exit ban on me and my family was of unlimited duration. The relevant personnel at the Beijing PSB told me that there were two reasons for the ban: first, I represented Xie Yang, one of the lawyers detained in the “709 Lawyers Incident”; second, the US government accepted me as a visiting scholar, “Who knows what they are up to in getting you to come to the US?”
Today, April 1, 2019, I went to the Beijing Capital Airport in the morning to board the plane [flight DL128]. I was pulled away at Customs (海关). A Customs official, who wore the name tag Zhang Guoxin (张国信), told me: Per instructions from the Beijing Public Security Bureau, Chen Jiangang will not be allowed to pass through Customs because his exit will endanger national security. They refused to give me any explanation in writing. After I demanded repeatedly for the basis of the exit ban, Zhang Guoxin replied: “The reasons cannot be explicitly stated; we just can’t let you leave the country.”
The Humphrey Fellowship Program was established in 1978 to honor the memory and achievements of the late US Senator and Vice President Hubert Humphrey. Since 1978, more than 5,000 Fellows from 157 countries have participated in the Humphrey Program, including more than 150 from China. The vast majority of the past participants from China have been government personnel. The Humphrey Program covers many fields, including public health, environmental protection, agriculture, education, journalism, and law. Humphrey Fellows, for the most part, come from developing countries in Asia, Africa and Latin America. Until now, there hasn’t been a single case from any country in the world in which a Fellow has been unable to participate in the program because their government blocked them and prohibited their attendance.
Even before the onset of the mass roundups of lawyers on July 9, 2015, I was illegally prohibited from leaving the country by the Beijing PSB. In 2017, my family was told that my wife, our two children, and I were all put on the Beijing PSB’s exit ban “blacklist.” At the time my older son was four years old, and my younger son was less than one year old. To date, my family has been unable to travel outside mainland China.
During the week-long May First holidays in 2017, my family was illegally detained while we were on vacation in Yunnan. At that time, the Beijing PSB sent agents to Yunnan to get me. The agents took me into custody and brought me back to Beijing. They told me that I was not allowed to travel freely because I represented Xie Yang [one of the 709 lawyers], and defended clients in some earlier human rights cases involving freedom of speech and belief.
In light of the above facts, I declare that:
I. I demand to leave the country to participate in the Humphrey Fellowship Program.
The Chinese government’s prohibition on my leaving the country as a Humphrey Fellow is a diplomatic event. Domestically, illegally banning me from studying abroad is an abuse of power by the government. It is not only a denial of the basic human rights of a citizen, but also an instance of bias against lawyers and the legal profession. It is the opposite of “governing the country according to law.”
With respect to the international community, this is a betrayal of international cooperation and a flagrant provocation against international norms.
II. I am a practicing lawyer, and my practice qualification certificate and practice license (license number 11101200810281378) were issued jointly by the PRC Ministry of Justice and the Beijing Municipal Bureau of Justice. It is part of his or her normal professional work for a lawyer to handle criminal cases, including the “709 Xie Yang Case.” The fact that the Beijing PSB used my involvement in the Xie Yang case as grounds to implicate me and my family is an unlawful act on the part of the Chinese government.
By banning a human rights lawyer from studying abroad, the Chinese government continues its persecution of this group since the “709 Crackdown,” and continues its unbridled persecution of the rule of law in China. This persecution of lawyers and disregard for the rule of law once again shows to the world that the Chinese government is openly and unceasingly depriving people of their human rights and persecuting lawyers, and that the Chinese government’s promises cannot be trusted, its laws were not intended to be implemented, and that nothing stops the Chinese government from doing whatever it wants to, disregarding any law or commitment it makes.
III. Since the establishment of diplomatic relations with the United States in 1979, the Chinese government has never proclaimed the United States to be a hostile nation, nor has it defined the United States as an enemy country. It has not issued a ban on tourism and study in the United States. Chairman Xi Jinping clearly expressed to the world that “we have a thousand reasons to have good Sino-US relations, and no reason to damage Sino-US relations.” However, the Beijing PSB and other agencies have regarded the US government-sponsored fellowship as a hostile and malicious act. This is completely contrary to the direction determined by Chairman Xi Jinping; relevant officials are intentionally damaging Chairman Xi’s principles and policies.
IV. I will adopt all possible means to protest the Chinese government’s illegal persecution of me and my family. I will defend my rights. I respectfully ask that friends at home and abroad, the media, international organizations, and national governments pay attention and provide assistance.
V. To date, no government agency has filed charges against me. I have not committed any crimes. I am completely innocent. If, in the future, I appear in any media outlet confessing guilt or wrongdoings, it is not my intention, nor is it true. This kind of “confession,” self-humiliation, and self-defilement could only be made under circumstances in which I’ve been tortured or threatened. Because there is no crime, naturally it follows that there is no criminal gang, nor are there any accomplices. But if I am tortured or threatened, I may “confess” to other “criminals.” If this happens, I declare in advance that all my “confessions” are coerced false admissions.
Declarant: Chen Jiangang