Update on Dr. Yang Jianli CaseJared Genser 10 Dec 2003 Dear Friends, These last few days have been very successful in raising Dr. Yang Jianli's case to Premier Wen Jiabao. To all of you who played a part in this, thank you so very much. To recap, we had a letter from eight U.S. Senators to President Bush asking him to raise the case to Premier Wen, a letter from 32 Members of Congress to Premier Wen himself asking for the release of Yang Jianli, and letters from over 100 Harvard faculty asking the Premier to release Yang. Behind the scenes, we are aware of several instances where senior U.S. officials and others raised Dr. Yang's case directly to Premier Wen in the context of their concerns about China's failure to live up to their human rights commitments. Finally, Christina Fu was on C-SPAN's Washington Journal on the morning Premier Wen was meeting with President Bush and the case received coverage by Associated Press and Reuters (which were reprinted in numerous newspapers across the U.S.), Boston Globe (editorial and news story), South China Morning Post, the Brookline TAB, and the Harvard Crimson (editorial and news story). Attached for your information are copies of these articles:
Bonding with Beijing PRESIDENT BUSH'S friendly reception for China's prime minister, Wen Jiabao, along with his effort to placate Beijing by publicly chastizing the government on Taiwan recalls a frequently forgotten lesson about power politics. Bush's courtship of the businesslike Wen demonstrates that nations have no permanent friends or enemies, only permanent interests. While they were out of power, the conservatives who helped place Bush in the Oval Office defined China as America's strategic enemy in the 21st century. They raged against what they called Bill Clinton's appeasing of Beijing. Now one of their own is receiving the Chinese prime minister in the Oval Office and using the occasion to warn the democratically elected president of Taiwan, Chen Shui-bian, not to follow through on his intention to hold a referendum in March that Beijing fears might open the way to an eventual declaration of Taiwan's independence from the mainland. Speaking yesterday from an Oval Office armchair with Wen at his side, Bush made a statement that could hardly have been more aligned with Beijing's position if it had been written by his visitor. Said Bush: "The comments and actions made by the leader of Taiwan indicate that he may be willing to make decisions unilaterally to change the status quo, which we oppose." Said Wen from the other Oval Office armchair: "We very much appreciate the position adopted by President Bush toward the latest moves and developments in Taiwan." Bush's about-face on China would be more defensible if it were acknowledged for what it is -- and if errors of both omission and commission had not made the placating of Beijing seem a necessity. For one thing, there was no need to make China a go-between in negotiations to coax North Korea into ceding its nuclear weapons and missile programs. The North Koreans wanted a direct bilateral dialogue with Washington, since only the United States can give Pyongyang the nonaggression pact it has been demanding. But blundering administration hard-liners got Bush to insist that Beijing become the sponsor of a multilateral negotiating forum. For another, Bush's egregious tax cuts for the wealthiest Americans, by enlarging federal deficits radically, enhanced China's power as a crucial American creditor. Thanks to Bush's fiscal irresponsibility, the dollar's strength depends on the good will of Beijing's central bank. If Bush were an apt practictioner of Realpolitik, he would not have blundered into the role of supplicant to Beijing. Beyond Realpolitik, China should be asked to respect human rights. Toward that end, Beijing ought to release Brookline's Yang Jianli, a US-educated democracy activist who was arrested in China in April 2002.
Dissident's wife seeks to raise his case Anticipation is high for Premier Wen Jiabao of China's visit to Harvard University today, especially for Christina Fu, the wife of Yang Jianli, a Harvard alumnus and US resident who has been detained in China since April 2002. Fu, a Brookline resident and a researcher at Harvard Medical School, said she believes that Wen's visit is an opportunity to raise her husband's case with Chinese leaders. "Even though I may be ignored by the Chinese delegation, that's probably expected," she said by telephone yesterday afternoon. "It's not on their agenda, and they may think I'm trying to make them look embarrassing, but that's not what I'm going to do. I'm only trying to get the premier's attention in my husband's case." Yang traveled to China in April 2002 and was detained eight days later for allegedly trying to board a domestic plane in Kunming using someone else's passport. Yang was put on trial in China in August, but the verdict has still not been returned, and he remains in prison. Wen is visiting Harvard today as part of his first trip to the United States, which included a White House meeting yesterday with President Bush. Most of the tickets to today's speech at the Harvard Business School were made available to faculty through a lottery system. Even if she doesn't win a ticket, Fu said she plans to be at Burden Hall. She faxed a request to the Chinese Embassy in Washington on Monday for a meeting with Wen himself. As of last night, she hadn't received a response, but said she's not surprised. "All of my requests haven't gotten any response," she said. Fu's legal adviser, Jared Genser, of Freedom Now, said he doesn't expect Fu to get anywhere near Wen at today's speech. "The goal of her attending the speech is to listen to what Premier Wen has to say with respect to China's development," he said. However, Yang's supporters are calling attention to his case and urging both the Chinese and US governments to push for his release. A letter addressed to Wen from more than 100 Harvard faculty members asks the Chinese government to set Yang free. "Harvard has enjoyed deep and longstanding ties with the People's Republic of China," the letter reads. "It is in this spirit of cooperation that we ask your government, as a humanitarian gesture, to do everything in its power to facilitate Dr. Yang's immediate release, so he can return home to his family and his work in the United States." Fu said she was touched by the overwhelming support her colleagues have given, and expects the letter to make an impact. "I think it will have a huge impact because China's always respected Harvard and they have all these projects to send officials to be trained at Harvard," she said. More than 30 members of Congress sent a letter to Wen about Yang's case, and several senators -- including Massachusetts Democrats John F. Kerry and Edward M. Kennedy -- signed a letter to Bush, asking the president to raise the issue with Wen. Fu said she expects many protesters at today's event, and respects their right to express their frustrations about China's policy. She, however, doesn't intend to cause a commotion. "I don't plan to be there yelling or shouting," she said. "I think it's an opportunity to hear his perspective. He can make the right decision. [My husband] paid the penalty for what he did. Christmas is around the corner and we hope he can come home. We miss him so much."
Chinese premier's visit raises hope for release of Brookline scholar
By Rick Holland / Staff Writer Hopes escalated this week for the release of a Brookline academic and pro- democracy activist Yang Jianli, who has been imprisoned in China over the past 19 months. The occasion for the optimism was a visit to the United States by Chinese Premier Wen Jiabao, who met with President Bush on Tuesday, and was scheduled to give a speech at Harvard yesterday morning. On Tuesday, Jianli's wife, Christina Fu, appeared on a variety of television news outlets. "There's still no verdict announced. We're expecting that at any moment," Fu said during an appearance on CSPAN. Asked on CSPAN why she had traveled to Washington, Fu said she hoped to have the chance to meet the Chinese premier. "I wanted to plea to [Jiabao to] please understand that my husband is a peaceful man. All he wanted to do is to help China to become better and that he has no intention to hurt the Chinese government," said Fu. "We all miss him very much. He's been away for very long, and I hope the Chinese government can be merciful and let him come home for Christmas," she added. It was not known whether meetings Jiabao had with Bush or Secretary of State Colin Powell included any discussion of Jianli's captivity, though U.S. Rep. Barney Frank, D-Newton, said the gatherings represented a "very important opportunity" to engage the Chinese premier on the issue. "I understand [Jianli's release] is more important to us than it is to [Jiabao], but he could possibly use this issue as a part of negotiations on other matters with us," said Frank. Jianli's imprisonment could tie into a discussion that Bush and Jiabao were scheduled to have on Taiwan's push toward independence. Jianli faced charges in China last August that he spied for Taiwan, though the court has still not issued a verdict, according to Fu. Her husband was originally detained in China on April 26, 2002, when he used false papers to board a plane at the Kunming Airport. But a diplomatic opening may have been sounded by the Bush Administration for common ground between the U.S. and China on the issue of Taiwan. According to a statement made Tuesday by White House spokesman Scott McClellan, "The President does not support Taiwan independence..." Among U.S. lawmakers, a letter sent to Jiabao on Dec. 5 from Frank and 31 of his colleagues from the U.S. House urged that Jianli be released as part of a "humanitarian gesture." In July, the House passed a unanimous resolution that condemned China and called for the release of Jianli. In a separate letter sent last week to Bush and signed by eight U.S. senators - including Massachusetts sens. Edward Kennedy and John Kerry - Bush was asked to raise Jianli's release as an issue during talks with the Chinese premier. From Frank's perspective, any message China is trying to send by holding Jianli has long since been heard. "They've had this guy locked up, and they're trying to use his case as a deterrent," said Frank. "I have no doubt that the hell they've put him through is a very good deterrent," he added. Beyond the subject of Taiwan's independence, Bush and Powell were reportedly set to discuss trade issues with Jiabao, as well as a partnership to bring about an end to North Korea's nuclear weapons program.
Free Yang Jianli On his 40th birthday recently, Chinese pro-democracy activist Yang Jianli languished in a Chinese prison. That same day, his wife, Harvard Medical School researcher Christina Fu, and their two young children, Aaron and Anita, spent over an hour outside the Chinese Embassy in Washington, D.C., trying to persuade a faceless security guard—through locked doors, closed curtains and a small speaker—to accept a hand-drawn birthday card to deliver to him in prison. Their quest ended in vain. For the Yang family, this experience was a sad illustration of the opaque approach that the Chinese authorities have taken in his case. I first met Jianli over six years ago when we were students together at the Kennedy School of Government. Former Chinese President Jiang Zemin was scheduled to speak on campus, and we met at the meeting of many Harvard students who were going to organize the protests against his visit. When President Jiang spoke on Nov. 1, 1997, it was the largest protest Harvard had seen since the Vietnam War, with over 4,000 protesters. Jianli spoke eloquently to the crowd about his love for China and what he witnessed in Tiananmen Square. For me, this protest was a life-changing event. It inspired me to go to law school and study human rights. While my interests had strayed from China over the years, I could hardly have imagined that my work would come full circle. Over 19 months ago, Jianli, who had been blacklisted by the People's Republic of China (PRC) after Tiananmen Square, made a fateful decision to return to his country. He heard about the labor unrest in northeastern China and wanted to observe it for himself. After the PRC detained him on April 26, 2002, it had the opportunity to press what could have been a routine case against him for illegal entry. Instead, by systematically and harshly violating Jianli's human rights and subsequently charging him with espionage, the PRC transformed his case into an international cause celebre and an ongoing irritant in U.S.- China relations. How could this happen? During his first year of detention, in violation of both Chinese and international law, Yang Jianli was held incommunicado and in solitary confinement, denied access to counsel, family and all reading materials and was interrogated by PRC authorities over 100 times. Despite the lack of transparency in the Chinese judicial process, it was clear to the outside world that the PRC had presumed him guilty and was punishing him before even putting him on trial. This past June, the United Nations Working Group on Arbitrary Detention found that Yang was being held in violation of international law. Seemingly oblivious to international opinion and lacking all credibility, the PRC indignantly insisted it was meticulously complying with its own and international law. This statement earned a swift rebuke from the U.S. State Department, which immediately called for Yang's release. Shortly thereafter, Congressional resolutions calling for Yang's release passed unanimously in both the House and Senate. Along the way, Jianli has received significant support from University President Lawrence H. Summers, Ramsey Professor of Political Economy Richard J. Zeckhauser—his his former dissertation advisor at the Kennedy School—and numerous other members of the faculty and staff. With this international outcry, Jianli was finally given access to counsel. Jianli was put on trial in China on Aug. 4, 2003, in the Beijing No. 2 Intermediate People's Court. Despite PRC commitments to the U.S. Embassy in Beijing that it would issue a verdict within one month, he continues to wait for the judgment. That Jianli will eventually be convicted is not, however, in doubt. The conviction rate is close to 100 percent for political cases that go to trial in China. At best, Chinese courts are weak and unreliable institutions, despite increasingly successful efforts to improve their quality. In politically sensitive criminal cases the courts simply take orders from Communist Party and government leaders. That is why it is particularly ironic and yet quite timely that Premier Wen Jiabao would choose to visit Harvard University while China continues to detain one of its graduates in violation of international law. Nevertheless, we should welcome Premier Wen to campus and to the United States. My best hope is that the Harvard community will take this opportunity to ask him the question that we would dare not ask him in China: when are you going to free Yang Jianli? Jared Genser is president of Freedom Now, a Washington-based nonprofit organization that works to free prisoners of conscience. He is a legal advisor to Yang's family.
Premier Opportunity
By THE CRIMSON STAFF For a country still draped in the red of world-wide Communist revolution, China has been acting quite pro-Western of late. Indeed, straying from its historical central planning, China has built up ties with American businessmen, joined the World Trade Organization, allowed private enterprise— and an entrepreneurial class—to flourish and liberalized trade around Hong Kong, Beijing and Shanghai. The Chinese state's latest overture of good will— the forthcoming visit of Premier Wen Jiabao—arrives in Massachusetts next week. Wen is the third most powerful man in the Communist Party of China, and he has a strong record of deal-brokering, from setting up free-trade zones to implementing a multilateral deal with the Association of Southeast Asian Nations to fight illegal immigration, drug trafficking and terrorism. In the United States, the Chinese premier will likely discuss recent American trade sanctions on Chinese textiles with President Bush, dine with Boston Mayor Thomas M. Menino and offer an address at Harvard Business School. University President Lawrence H. Summers should respectfully welcome Wen to Harvard next week. But after the requisite formalities, Summers should not let the premier get away unscathed. China's steady economic liberalization and the international goodwill Wen is trying to cultivate are both heartening developments. Nobody wants China to be a rogue state. But the country's strides on the economic front cannot justify its stumbles when it comes to democracy and human rights, and Summers should not allow Wen to sweep China's record of wholesale human-rights violations and violent crackdowns on democracy advocates under the rug. Most importantly, Summers has to push Wen to release Yang Jianli, a 1995 graduate of the Kennedy School of Government, now languishing in a Chinese prison. Yang is an unapologetic democracy activist, and the Chinese authorities threw dubious espionage charges his way after he entered the country with fake papers a year-and-a-half ago. And even though Secretary of State Colin L. Powell and a number of other Washington politicians have called for Yang's release—including forceful letters from members of Congress sent to President Bush and Premier Wen last week—Summers has so far kept silent. Wen's visit is a golden opportunity for Summers to finally speak up for one of Harvard's own. Yang is a member of the University community, and his cause is one that Harvard should champion with words and deeds. As of now, Summers has not even gotten to the former. It would be unconscionable for the University president to further neglect advocating for Yang's release during the visit of such a high-level Chinese cadre. Premier Wen once demonstrated considerable courage when he visited pro- democracy protesters in Tiananmen Square with seemingly deep concern for their safety, before the bloody Party crackdown in 1989. Summers would demonstrate true leadership by appealing to Wen's demonstrated sympathy for Chinese democracy agitators and encouraging Yang's release. Harvard students past and present should expect nothing less of their University president. -------------------------- |