26 November 2015
Update #3 to RAN 09/14
PEN International is deeply disappointed by the Beijing high court’s decision of 26 November 2015 not to overturn veteran journalist Gao Yu’s conviction for ‘leaking state secrets abroad’. Following a closed hearing held on 24 November, the court ruled to reduce her sentence to five years. PEN continues to condemn her conviction and sentence, and calls for her immediate and unconditional release. Nonetheless, PEN welcomes reports that Gao Yu is due to serve the remainder of her sentence under house arrest due to concerns for her deteriorating health and strongly urges the Chinese authorities to ensure that Gao Yu is afforded adequate medical care.
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Send appeals to the Chinese authorities:
- Condemning the decision of the court to uphold journalist Gao Yu’s conviction, but to reduce her sentence to five years;
- Calling for her conviction to be quashed and her immediate and unconditional release as she has been imprisoned for her legitimate professional activities;
- Expressing serious concern for Gao Yu’s well-being and urging that she is provided with adequate medical treatment;
- Expressing concern that she was shown ‘confessing’ on state television before being tried and that this evidence was used in her trial despite her allegation that this ‘confession’ was made under duress, in contravention of her right to a fair trial;
- Reminding the Chinese authorities that as a signatory to the International Covenant on Civil and Political Rights, which provides for freedom of legitimate expression, the right not to be arbitrarily detained and the right to a fair trial, China is obliged to ‘refrain from acts that would defeat or undermine the treaty’s objective and purpose.’
Send appeals to:
His Excellency Xi Jinping
President of the People’s Republic of China
Fax: +86 10 6238 1025
Salutation: Your Excellency
Director, Beijing Public Security Bureau
9 Dongdajie, Qianmen, Dongchengqu,
Beijing 100740, P.R. China
Fax: +86 10 65242927
Telephone: +86 10 8522 5050 (Chinese only)
Salutation: Dear Director
President SUO Honggang
Beijing Third Intermediate People's Court,
Address: 81 Laiguangying West Road, Chaoyang District, 100012 Beijing, P.R.
China. Tel: +86-10-84773889, 84773022.
地址：北京市朝阳区来广营西路81号，邮编：100012. 电话：+86-10-68632139 68639038
President MU Ping
Beijing Municipal High People's Court
10 Jianguomen South Street, Chaoyang District, 100022 Beijing, P.R. China.
Tel: +86-10-85268122 85268520
地址：北京市建国门南大街10号，邮编100022. 电话：010-85268122 85268520
Copies to: Chinese Embassy in your country. Contact details of the Chinese embassy in your country may be found here: Chinese embassies abroad
Consider adopting Gao Yu as an Honorary Member of your centre. Details of how to campaign for honorary members may be found in the WiPC Handbook, available here.
**Please contact the PEN International office in London if sending appeals after 26 December 2015** Please keep us informed of any action you take in regard to Gao Yu’s case, including any responses you receive from the authorities.
According to PEN International’s information, Beijing-based veteran dissident journalist Gao Yu was convicted of ‘leaking state secrets abroad’ and sentenced to seven years in prison on 17 April 2015. During her trial, which began behind closed doors on 21 November 2014 only the prosecutors, Gao’s lawyers, the judges and court staff and a few court police were present owing to the nature of the charges laid against her (please see previous actions for more information).
Gao Yu’s appeal – expected to take place in July – was delayed for unknown reasons. Reports suggest that the Chinese authorities asked her to dismiss her lawyers, however she refused. The authorities are also said to have been attempting to persuade Gao Yu to plead guilty on a lesser charge, which she has also refused. He appeal hearing was finally held at Beijing’s high court on 24 November 2015, behind closed doors. Despite the presentation of evidence that Gao Yu had not provided the document to the media, the court ruled to uphold her conviction of leaking state secrets abroad. The court however, announced that her sentence would be reduced by two years, to five years. According to PEN’s sources, she is expected to serve the remainder of her sentence under house arrest owing to her health.
August reports raised concerns that Gao Yu’s health was deteriorating. Gao Yu is reported to suffer from heart disease and high blood pressure, as well as Menière's Disease – a condition of the inner ear. According to news reports, she was sent for a medical check due to the fact that she has been frequently suffering from heart pain. The medical examination, conducted in July, is reported to have found signs of blockages in her arteries as well as abnormal lymph nodes in her neck. It is not yet clear whether the abnormalities are benign (please see previous update for more information).
Gao Yu was formerly the chief editor of Economics Weekly before being barred from publishing. She was first arrested on 3 June 1989 for an article she wrote for a Hong Kong newspaper supporting student protesters in Tiananmen Square, and was imprisoned for over a year. She spent a further five and a half years in prison from 1993-99 for ‘providing state secrets to parties outside [China’s] borders’ in a series of political and economic articles in Hong Kong-based publications. Gao is known for her fiercely critical political analysis and knowledge of the inner circles of the Chinese Communist Party.
She has continued to work in China as a freelance journalist in spite of considerable restriction and pressure. Gao Yu contributed an essay to PEN’s 2013 report “Creativity and Constraint in Today’s China.” She is an honorary director of ICPC and an honorary member of Czech PEN, Danish PEN and Swedish PEN. Her case was used as an emblematic case during PEN’s campaigning for International Women’s Day 2015 and the Day of the Imprisoned Writer 2014. Gao Yu’s case was also highlighted as PEN’s Empty Chair during the Writers in Prison Committee Conference held in Amsterdam in May 2015 during which members wrote messages of solidarity on post cards and sent them to her in prison.
As a signatory to the International Covenant on Civil and Political Rights, which provides for freedom of legitimate expression, the right not to be arbitrarily detained and the right to a fair trial, China is obliged to ‘refrain from acts that would defeat or undermine the treaty’s objective and purpose.’
For further information please contact Emma Wadsworth-Jones at PEN International, Koops Mill Mews, 162-164 Abbey Street, London, SE1 2AN, Tel.+ 44 (0) 20 7405 0338, email: email@example.com