Criminal Law Responses To Targeted Political Prosecutions
1. Introduction to Political Prosecutions in China
In China, the criminal law system is often used to suppress political dissent, with individuals being prosecuted for crimes that may have political motives behind them. While official charges may relate to corruption, subversion, or illegal activities, political figures and activists may be targeted for reasons linked to government control and power dynamics.
Key laws that are often invoked in political prosecutions include:
Criminal Law of the People’s Republic of China (PRC), especially articles relating to:
Subversion of state power (Article 105).
Inciting subversion (Article 105).
Corruption (Articles 385 to 392).
Endangering national security (various articles).
The Chinese Communist Party (CCP) has also used laws such as the Anti-Corruption Law and Cybersecurity Law to target individuals accused of challenging the state or its leaders.
2. Case Examples of Targeted Political Prosecutions
**Case 1: Liu Xiaobo - Subversion and Dissidence (2009)
Facts:
Liu Xiaobo was a prominent Chinese dissident, writer, and human rights activist. He co-authored Charter 08, a manifesto that called for political reforms, greater human rights, and freedom of expression in China. His advocacy for democratic reforms was seen as a direct challenge to the authoritarian regime.
Charges:
Liu Xiaobo was convicted of inciting subversion of state power under Article 105 of the Criminal Law for his involvement in drafting and distributing Charter 08. The court argued that Liu’s activities aimed to overthrow the government, even though his calls for reform were peaceful and legal under international standards of human rights.
Outcome:
Liu was sentenced to 11 years imprisonment and deprived of political rights for two years. He was awarded the Nobel Peace Prize in 2010 while imprisoned, which further highlighted the political nature of his prosecution.
Significance:
This case underscores how individuals advocating for political reforms or democratic changes in China can face charges of subversion and long prison sentences.
Liu’s case was widely criticized internationally as politically motivated, and it highlighted the Chinese government's intolerance toward dissenting views.
**Case 2: Wang Quanzhang - Human Rights Lawyer (2015)
Facts:
Wang Quanzhang was a human rights lawyer known for defending clients in sensitive cases, including victims of forced evictions, human rights activists, and religious practitioners. He was detained during a nationwide crackdown on human rights lawyers in July 2015, which led to the arrest of over 200 lawyers and activists.
Charges:
Wang was accused of subversion of state power and inciting to subvert state power. The charges were tied to his legal work, particularly his defense of people critical of the Chinese government and his support for human rights. The authorities also claimed that he had "incited protests" through his legal advocacy, which they deemed to be anti-government activities.
Outcome:
In 2019, Wang Quanzhang was sentenced to 4.5 years in prison on charges of "subversion" despite international outcry. The trial was held behind closed doors, and there were serious concerns about the lack of due process and transparency.
Significance:
Wang's case is a prime example of how lawyers, especially those involved in sensitive political or human rights cases, are at risk of being targeted under the guise of "subversion" or "incitement."
His prosecution reflects broader efforts by the government to stifle legal defense for politically sensitive cases.
**Case 3: Gao Zhisheng - Lawyer and Activist (2006)
Facts:
Gao Zhisheng was a prominent Chinese lawyer who became known for his defense of religious minorities, including Falun Gong practitioners, and his outspoken criticism of the Chinese government’s human rights record. In 2006, Gao publicly revealed the torture he had endured while representing clients persecuted for their religious beliefs, further angering the government.
Charges:
Gao was convicted in 2006 of subversion of state power after he wrote an open letter accusing the Chinese government of human rights abuses. His legal activities were seen as a challenge to the authority of the CCP, and he was accused of inciting others to disrupt social order.
Outcome:
Gao was sentenced to three years in prison, but his sentence was suspended for five years. In 2009, he was re-arrested and subjected to incommunicado detention and alleged torture. His final sentencing was reported to be 10 years in prison. His case gained international attention, especially after his forced disappearances and claims of severe torture.
Significance:
Gao Zhisheng’s prosecution highlights how the Chinese government targets individuals who advocate for religious freedom or criticize human rights violations, framing such actions as subversion.
Gao’s case shows the lengths to which the Chinese government will go to silence its critics, even using torture and extrajudicial measures.
**Case 4: Chen Guangcheng - Blind Rights Advocate (2012)
Facts:
Chen Guangcheng is a blind legal activist known for his opposition to forced abortions and sterilizations in China’s family planning program. His work to expose human rights violations in rural China earned him a reputation as a "troublemaker" to the government. In 2012, he escaped house arrest and sought refuge in the U.S. Embassy in Beijing.
Charges:
Chen was arrested in 2006 and charged with "destroying property" and "gathering a crowd to disturb traffic" after he organized protests against the forced sterilization of women in his village. His charges were widely seen as politically motivated to punish him for his advocacy against government policies.
Outcome:
Chen was sentenced to four years in prison but was released in 2010 after serving a portion of his sentence. After his escape to the U.S., Chen sought asylum in the United States, where he became an outspoken critic of the Chinese government’s human rights abuses.
Significance:
Chen’s case illustrates how the Chinese government uses criminal charges for property destruction and disrupting public order as pretexts for prosecuting political activists who challenge government policies.
His escape and subsequent international advocacy brought further scrutiny to China’s human rights practices.
**Case 5: Jiang Tianyong - Human Rights Lawyer (2016)
Facts:
Jiang Tianyong was a prominent lawyer and activist who defended clients in politically sensitive cases, including those involving victims of the 1989 Tiananmen Massacre, the Falun Gong movement, and victims of forced evictions. He was arrested in 2016 and accused of "subversion" after he helped expose torture and abuse of lawyers and activists in detention.
Charges:
Jiang was charged with inciting to subvert state power, which is a common charge levied against those who expose government corruption or human rights abuses. His activities, including speaking to foreign media about the conditions of political prisoners, were seen as undermining the legitimacy of the state.
Outcome:
Jiang was sentenced to two years in prison for "inciting to subvert state power." His case was widely condemned by international human rights organizations, and it highlighted the Chinese government's crackdown on activists who defend marginalized groups.
Significance:
Jiang’s case highlights the use of "subversion" charges against human rights lawyers who seek to expose state abuses.
It reflects the increasing suppression of civil society and the targeting of lawyers who represent those accused of challenging the government.
6. Key Takeaways on Criminal Law Responses to Political Prosecutions
Subversion Charges Are Common: Many political prosecutions in China revolve around accusations of subverting state power or inciting others to do so. These charges are often used as a legal justification for silencing critics of the government.
Political Dissidents and Lawyers Are Prime Targets: Human rights lawyers, activists, and dissidents advocating for political reform or the protection of human rights are frequently charged under vague laws, including subversion or disturbing public order.
International Scrutiny: Cases involving political prosecutions are often criticized by international human rights organizations and governments, who argue that the charges are politically motivated and violate basic human rights, including the freedom of speech and association.
Harsh Sentences and Repression: The Chinese government uses heavy sentences, including long prison terms, house arrest, and other forms of detention, to punish individuals who challenge the government’s authority.
Global Implications: These cases have implications for international relations, as the Chinese government's treatment of dissidents often strains diplomatic ties, especially with countries that prioritize human rights.
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