Xu Zhiyong

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In this Chinese name, the family name is Xu.
Xu Zhiyong
许志永
Born (1973-03-02) March 2, 1973 (age 51)
Minquan County, Henan, China
Alma materLanzhou University (LLB)
Peking University (PhD)
Occupation(s)Legal scholar, lecturer
EmployerBeijing University of Post and Telecommunications (Previous)
OrganizationOpen Constitution Initiative (Gongmeng)
Known forCivil rights advocacy, advocacy of constitutionalism
MovementNew Citizens Movement
Weiquan movement
Criminal chargesDisruption of public order (Politically motivated)
Subversion
Criminal penaltyImprisonment (4 Years in 2014, 14 Years in 2023)
SpouseCui Zheng (divorced)
Awards
  • Foreign Policy Top 100 Global Thinkers (2013)
  • PEN/Barbey Freedom to Write Award (2020)
Weiquan lawyers
Background
Lawyers and legal scholars
Organizations
Cases and events

Xu Zhiyong (Chinese: 许志永; pinyin: Xǔ Zhìyǒng; born March 2, 1973) is a Chinese civil rights activist and formerly a lecturer at the Beijing University of Post and Telecommunications. He was one of the founders of the NGO Open Constitution Initiative and an active rights lawyer in China who campaigned against corruption[1] and helped those underprivileged. He is the main founder and icon of the New Citizens' Movement in China. In January 2014 he was sentenced to four years in prison for "gathering crowds to disrupt public order".[2] He was detained again on February 15, 2020, in the southern city of Guangzhou after two months in hiding, for his participation in a meeting of rights activists and lawyers in Xiamen in December 2019 in which "democratic transition in China" was discussed.[3] He was sentenced for subversion to 14 years in jail on April 10, 2023.[4]

Personal life[edit]

Xu was born in Minquan County, Henan Province in 1973. He was married to Cui Zheng (崔筝), a journalist. Their daughter was born on January 13, 2014, while Xu was in a detention center facing trial.[5][6] He had been in hiding since late 2019 and was detained by Chinese police on February 15, 2020.[7] In March of 2021, his partner Li Qiaochu was reported to have been arrested for tweeting that Xu and another activist had been tortured while in detention.[8]

Career and activism[edit]

Xu received his Bachelor of Law degree from Lanzhou University in 1994 and Doctor of Law degree from Peking University in 2002.

The Gongmeng era[edit]

In 2003, he was elected to the Haidian District People's Congress as an independent. He won the re-election in 2006.[9] In the 2011 election, Xu's name was pulled off the candidate list, but he still gathered more than 3,500 votes out of 22,000 voters in his district.

Xu helped found the public interest group Gongmeng, also known as the Open Constitution Initiative.[10]

Unlike other human rights activists, Xu firmly and carefully pushed his calls for political change and social justice in existing laws, and his group has been regarded as relatively cautious and conservative.[11][12] In his recent interview before his arrest, he described his dream as follows:

I wish our country could be a free and happy one. Every citizen need not go against their conscience and can find their own place by their virtue and talents; a simple and happy society, where the goodness of humanity is expanded to the maximum, and the evilness of humanity is constrained to the minimum; honesty, trust, kindness, and helping each other are everyday occurrences in life; there is not so much anger and anxiety, a pure smile on everyone's face.

— Xu Zhiyong[13]

Xu's final remarks post trial also made rounds within Chinese dissident communities abroad in which he described goal of the New Citizens' Movement as follows:

What the New Citizens Movement advocates is for each and every Chinese national to act and behave as a citizen, to accept our roles as citizens and masters of our country—and not to act as feudal subjects, remain complacent, accept mob rule or a position as an underclass. To take seriously the rights which come with citizenship, those written into the Universal Declaration of Human Rights and China’s Constitution: to treat these sacred rights—to vote, to freedom of speech and religion—as more than an everlasting IOU.

— Xu Zhiyong (2014)[14]

The 2009 Gongmeng incident[edit]

On July 29, 2009, he was arrested at his home, and detained by Chinese authorities on charges of tax evasion.[15][16][10] At the same time Xu's colleague Zhuang Lu was also arrested by authorities.[17]

The Open Constitution Initiative was fined 1.46 million RMB on July 14, 2009 for 'dodging taxes' and was shut down by the authorities by declaring it "illegal".[18]

Xu Zhiyong was released on bail on August 23, 2009.[17][19] The Australian newspaper The Age reported that the release of Xu, Zhuang and another Chinese dissident, Ilham Tohti, was in part due to pressure on Beijing from the administration of American President Barack Obama.[20]

Post-Gongmeng era, New Citizens' Movement, 2013 arrest[edit]

After Gongmeng was shut down, Xu Zhiyong and supporters adopted the name "Citizens" to continue their cause. In May 2012, Xu formally established the "New Citizens' Movement" and "New Citizens' Spirit" as the high-level concept of their activism.

In 2013, Xu was placed under house arrest for more than three months, before being formally arrested on August 22.[21] His trial started on January 22, 2014. Xu and his lawyer Zhang Qingfang remained silent throughout the trial (except for his closing statement) to protest the violation of basic legal procedure. Xu's closing statement was cut short by the judge, but the text was circulated on the internet[22] and raised tremendous support.[citation needed] On January 26, Xu was sentenced to four years in prison for "gathering crowds to disrupt public order".[2] Prior to the verdict, whose date had been expected, lawyer Zhang said about the case: "We can say it was decided even before the trial."[23] He was released in 2017.[24]

2020 arrest[edit]

Xu and other human rights activists were wanted by police for their participation in a meeting in Xiamen on December 13, 2019[25][26] where "democratic transition in China" was discussed.[8] In February 2020, while in hiding, through postings on social media, Xu publicly asked Chinese Communist Party general secretary Xi Jinping to resign, for what he described as an obvious inability to handle the COVID-19 pandemic.[27] He was arrested in Guangzhou on February 15, 2020, according to two fellow activists.[28]

In November 2021, Liang Xiaojun, the lawyer of Xu, had his license cancelled by authorities, with the notification letter citing his online support for Falun Gong and "vilifying" the Chinese constitution and laws. Liang said he had spoken a day earlier via video chat with Xu, who according to Liang was in good health and unshaken in his dissident convictions.[29][24]

On 18 March 2022 ahead of the EU-China summit, Xu was among the shortlist of human rights defenders called for release in a joint NGO letter to the President of the European Commission and the President of the European Council.[30]

On June 13, 2022, the Intermediate People’s Court of Linyi issued a notice of a pretrial meeting scheduled for June 17.[31] Lawyers and a rights group said on June 17 that Xu would stand trial for "subversion" on June 22. He had been indicted on that charge in August 2021, and there had been no information about him since.[32] On April 10, 2023, Xu was sentenced after a closed trial to 14 years in prison; fellow human rights lawyer Ding Jiaxi was sentenced to 12 years on the same charge.[4][24] In response, UN Human Rights Chief Volker Turk published his statement, "I am very concerned that two prominent human rights defenders in China – Ding Jiaxi and Xu Zhiyong – have been sentenced to lengthy prison terms, at variance with international human rights law standards."[33] Ding and Xu's convictions were upheld in November 2023.[34]

Prominent writings and speeches[edit]

  • Xu Zhiyong's closing statement in court (January 22, 2014) Chinese English (translated by ChinaChange.org)
  • The Last Ten Years, China's rights movement through the work of Gong Meng. Chinese English (translated by ChinaChange.org)
  • A trip to Ngaba, (the Tibetan prefecture in Northern Sichuan province where many Tibetans have self-immolated over the last four years or so. A shorter version of the essay was published in the New York Times in December 2012). Chinese English (translated by ChinaChange.org)
  • New Citizens' Movement, a "manifesto" published on May 29, 2012. Chinese English(translated by ChinaChange.org)
  • To Build a Free China: A Citizen's Journey, Lynne Rienner Publishers, Boulder, Colorado, 2017.[35]
  • In an open letter addressed to Chinese Paramount leader Xi Jinping, published on 4 February 2020 while Xu was sought by authorities, he accused the Xiong'an project to be "political" and cited it as an instance in which Xi had allegedly shown lack of capability in office. Xu was arrested later that month.[36]

Awards[edit]

See also[edit]

References[edit]

  1. ^ "China activist Liu Yuandong on trial in Guangzhou". BBC News. BBC News. January 24, 2014. Retrieved October 9, 2021.
  2. ^ a b "China court sentences Xu Zhiyong to four years in jail". BBC News. January 25, 2014. Retrieved March 19, 2021.
  3. ^ Xue, Xiaoshan (December 25, 2020). "China to Tighten Political Security Operations Targeting 'Potential' Dissent". Radio Free Asia. Retrieved March 19, 2021.
  4. ^ a b Wang, Vivian (April 10, 2023). "China sentences leading rights activists to 14 and 12 years in prison". The New York Times. Retrieved April 10, 2023.
  5. ^ "New citizens". The Economist. January 25, 2014. Retrieved January 27, 2014.
  6. ^ "Jailed Dissident's Wife: 'I Don't Want You to Give Up'". The Wall Street Journal. January 27, 2014. Retrieved February 16, 2021.
  7. ^ "Dear Chairman Xi, It's Time for You to Go". ChinaFile. February 26, 2020. Retrieved February 27, 2020.
  8. ^ a b Guo, Rui (March 15, 2021). "China arrests girlfriend of detained legal activist on subversion charge". South China Morning Post. Retrieved November 30, 2021.
  9. ^ "Independent candidate elected". China Daily. December 17, 2003. Retrieved January 31, 2008.
  10. ^ a b "Gongmeng officially shut down, founder formally arrested". August 18, 2009. Retrieved March 19, 2021.
  11. ^ Wines, Michael (August 23, 2009). "Without Explanation, China Releases 3 Activists". The New York Times. Retrieved February 16, 2021.
  12. ^ "China Behind the Headlines: Xu Zhiyong". thechinabeat.blogspot.com. August 6, 2009.
  13. ^ "Xu Zhiyong: Featured in Mr. Fashion | China Digital Times (CDT)". chinadigitaltimes.net. August 4, 2009.
  14. ^ "For Freedom, Justice and Love — My Closing Statement to the Court". China Change. January 23, 2014. Retrieved August 24, 2022.
  15. ^ "China Detains Prominent Legal Activist". Archived from the original on August 5, 2009.
  16. ^ "Associated Press: Brother: Chinese activist held for tax evasion".
  17. ^ a b Wines, Michael (August 23, 2009). "Without Explanation, China Releases 3 Activists". The New York Times. Retrieved August 25, 2009.
  18. ^ Authority's Official Notice on the Shutdown of OCI (in Chinese)
  19. ^ Demick, Barbara (August 24, 2009). "Beijing frees legal activist Xu Zhiyong". Los Angeles Times. Retrieved June 22, 2022.
  20. ^ John Garnaut (August 25, 2009). "Obama behind release of Chinese activists". The Age. Melbourne. Retrieved August 25, 2009.
  21. ^ Buckley, Chris (August 23, 2013). "Formal Arrest of Advocate Is Approved by China". The New York Times.
  22. ^ "In Beijing, Xu Zhiyong's Closing Statement Channels Freedom, Justice And Love". HuffPost. January 27, 2014.
  23. ^ Tang, Didi (January 24, 2014). "Chinese grassroots activist goes on trial in south". Associated Press. AP. Retrieved October 9, 2021.
  24. ^ a b c Gan, Nectar (April 10, 2023). "Two prominent Chinese civil rights lawyers jailed for more than a decade for subversion". CNN News. Retrieved April 10, 2023.
  25. ^ Hernández, Javier C. (February 17, 2020). "China detains activist who accused Xi of Coronavirus cover-up". New York Times. Retrieved March 17, 2021.
  26. ^ Han, Qing (February 8, 2021). "Chinese police hold women's rights activist thousands of miles from home". Translated and edited by Luisetta Mudie. Radio Free Asia. Retrieved March 17, 2021.
  27. ^ Mai, Jun; Lau, Mimi (February 6, 2020). "Chinese scholar blames Xi Jinping, Communist Party for not controlling coronavirus outbreak". South China Morning Post.
  28. ^ Yu, Verna (February 17, 2020). "Chinese activist detained after calling Xi Jinping 'clueless' on coronavirus crisis". The Guardian.
  29. ^ "许志永律师梁小军被通告将吊销执照" [Liang Xiaojun, lawyer of Xu Zhiyong, is notified of the cancellation of his license] (in Simplified Chinese). Radio France Internationale. November 27, 2021. Retrieved November 30, 2021.
  30. ^ "Joint NGO letter ahead of EU-China summit". Human Rights Watch. Retrieved March 25, 2024.
  31. ^ Guo, Rui (June 15, 2022). "Veteran Chinese human rights lawyers expected to face trial soon". South China Morning Post. Retrieved June 16, 2022.
  32. ^ Hsia, Hsiao-hwa (June 17, 2017). "Charges against citizens' movement leader Xu Zhiyong 'trumped up': lawyers". Radio Free Asia. Retrieved June 18, 2022.
  33. ^ "Comment by UN Human Rights Chief Volker Türk on sentencing of human rights defenders in China". Office of the United Nations High Commissioner for Human Rights. Retrieved April 8, 2024.
  34. ^ Hawkins, Amy (December 19, 2023). "China rights activist goes on trial for 'inciting subversion of state power'". The Guardian. Retrieved December 28, 2023.
  35. ^ Xu, Zhiyong (2017). To Build a Free China: A Citizen's Journey. Boulder, Colorado: Lynne Rienner Publishers. ISBN 978-1626375840.
  36. ^ "要闻分析 - 逃亡中敢请习退位的许志永再被抓". RFI - 法国国际广播电台 (in Simplified Chinese). February 16, 2020. Retrieved May 5, 2023.
  37. ^ "2013 Global Thinkers". Foreign Policy. December 29, 2013.
  38. ^ Gao, Feng; Chingman (January 25, 2021). "China Steps up Charges Against Activists Who Called For Political Change". Radio Free Asia. Retrieved February 16, 2021.
  39. ^ "2020 PEN/Barbey Freedom to Write Award: Xu Zhiyong". PEN America. June 4, 2020. Retrieved February 16, 2021.
  40. ^ Smith, Christopher H.; Merkley, Jeffrey A. "2024?" (PDF). Congressional-Executive Commission on China.

External links[edit]

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