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Dokument #1270632
CECC – Congressional-Executive Commission on China (Autor)
On July 4, 2014, the Nanle County People’s Court sentenced Pastor Zhang Shaojie to 12 years’ imprisonment for “fraud” and “gathering a crowd to disrupt public order” in connection with his role in a land dispute with the local government. The Puyang Municipality Intermediate People’s Court rejected Zhang’s appeal in August 2014. In October 2014, the Nanle County Court threatened to auction off Zhang’s house to pay off a court-ordered fine, demanding Zhang’s family vacate the house by October 26. Zhang’s detention and trial violated numerous provisions of international and Chinese law. His sentencing comes amid a broader crackdown on Christianity in China, including a campaign to remove crosses and demolish church buildings, and increased pressure on Christians to conform to Chinese government regulations on religion.
Background on Zhang’s Case
On November 16, 2013, public security officials in Nanle county, Henan province detained Nanle County Christian Church pastor Zhang Shaojie and over 20 church members, after they petitioned in Beijing municipality over a land dispute with the local government.[1] Authorities later charged Zhang with “fraud” and “gathering a crowd to disturb public order.”[2] When Zhang’s family and other church members demanded his release at the local public security bureau, more than 100 police reportedly “violently repressed” the protest, resulting in several hospitalizations and more than 10 detentions.[3]
Nanle authorities repeatedly violated Zhang’s legal rights during his detention and subsequent trial. Authorities held Zhang incommunicado for two months before granting him access to legal counsel[4] and repeatedly harassed and detained Zhang’s lawyers,[5] family,[6] and affiliated church members[7] during the course of his imprisonment and trial. The Nanle County People’s Court also repeatedly changed Zhang’s trial dates, including at one point having the trial date “indefinitely postponed,”[8] and reportedly compelled local church members and others to provide false witness against Zhang.[9] The court tried Zhang in April 2014,[10] and sentenced him to 12 years in prison on July 4 for “fraud” and “gathering a crowd to disrupt public order,” and fined him 100,000 yuan (US$16,000).[11] In August 2014, the Puyang Municipality Intermediate People’s Court rejected Zhang’s appeal and upheld the verdict by the lower court.[12] On October 23, the Nanle County People’s Court notified Pastor Zhang’s family members that their residential home would be auctioned to pay for a fine imposed in Zhang’s sentence.[13] Authorities ordered them to vacate the house by October 26, or face forced eviction.[14]
Reactions to Zhang’s Detention and Trial
The U.S.-based non-governmental organization ChinaAid noted that Zhang’s case “shows the Chinese government continues to cover up religious persecution with fabricated criminal charges.”[15] Furthermore, Chinese Human Rights Defenders, a non-governmental human rights organization, stated that Zhang’s harsh sentence demonstrated Chinese authorities were “expanding harassment and persecution usually aimed at underground house churches by going after officially sanctioned religious institutions.”[16] Radio Free Asia also reported that the Chinese government’s campaign against Christianity—including state-sanctioned churches and state-approved leaders like Zhang Shaojie—suggests “the Chinese Communist Party is becoming less and less tolerant of organized religion.”[17] The U.S. State Department called on Chinese authorities “to release Pastor Zhang and … allow citizens to worship freely in accordance with China’s own laws and its international human rights commitments.”[18]
Trend of Increased Pressure on Christianity
Zhang’s arrest and sentencing occurred amid a broader crackdown by authorities on Christianity in China. In particular, the Zhejiang provincial government launched a three-year (2013–2015) “Three Rectifications and One Demolition” campaign to “rectify” and demolish “illegal structures.”[19] While the campaign’s stated aim was to address “illegal structures,”[20] official rhetoric at meetings and in government work plans appeared to demonstrate a negative view of the growth of Christianity in Zhejiang and an intention to target religious sites, especially Christian sites, for demolition.[21] According to a May 2014 New York Times report, an internal Zhejiang government document named Christianity and crosses as the intended targets of its campaign against “excessive religious sites” and “overly popular religious activities.”[22] According to a ChinaAid report, as of October 9, 2014, the campaign has affected at least 300 churches.[23] According to a May 2014 testimony given before Congress by ChinaAid founder and President Bob Fu, the suppression of Christian churches had begun spreading to other regions outside of Zhejiang and similar measures had been carried out in 14 provincial-level regions.[24] For more information on the campaign and its effects, see CECC’s June 6, 2014, report.[25]
In addition to physical campaigns against church buildings and crosses, the Chinese government has stepped up pressure on Christians in a variety of ways. For example, one Wenzhou pastor claimed that “many civil servants were warned they would be sacked if they failed to lobby family members to withdraw from Christianity and co-operate with the authorities in the cross removal campaign.”[26] In addition, Nanle County government reportedly required government agencies, institutions, and schools to open on Sundays in order to prevent believers from attending church, and school officials “threatened students, telling them to go back home and warn their parents against attending church activities.”[27] Furthermore, as tension increases between authorities and Christians, the Chinese government and Party reaffirmed plans to construct a “Christian theology with Chinese characteristics” that would “adapt to China’s national condition and integrate with Chinese culture.”[28]
The Chinese government’s increasing crackdown on Christianity contravenes its obligations under the Universal Declaration of Human Rights,[29] the International Covenant on Civil and Political Rights,[30] and the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief.[31] For more information on the status of freedom of religion in China, see Section II—Freedom of Religion in the CECC 2014 Annual Report, pp. 90-99.
[1] ChinaAid, “Henan Puyang City Nanle County: Arrested Pastor and Christians Still Not Released” [Henan puyang shi nanle xian jidu jiaohui bei zhua mushi he xintu zhijin wei shifang], 18 November 13; (http://www.chinaaid.net/2013/11/blog-post_18.html) “More Members of the Nanle Church Detained, Dozens Gathered to Petition in Beijing” [Nanle jiaohui zai you xintu bei zhua, shu shi fangming beijing juhui shengyuan], Radio Free Asia, 21 December 13. (http://www.rfa.org/mandarin/Xinwen/5-12212013113059.html) For more information on Zhang Shaojie’s case, see the Commission’s Political Prisoner Database record 2014-00126.
[2] “Pastor Zhang Shaojie Met His Lawyer for the First Time Since His Detention Two Months Ago” [Zhang shaojie mushi bei kou liang yue shou wu lushi], Radio Free Asia, 16 January 14. (http://www.rfa.org/cantonese/news/priest-01162014095654.html)
[3] Chen Zishan, “Central Government Persecutes Christians, Uses Torture To Obtain False Evidence” [Zhonggong pohai jidutu xingxun bigong zao weizheng], New Tang Dynasty Television, 28 November 13; (http://www.ntdtv.com/xtr/gb/2013/11/29/a1014067.html) “Pastor Zhang Shaojie Met His Lawyer for the First Time Since His Detention Two Months Ago” [Zhang shaojie mushi bei kou liang yue shou wu lushi], Radio Free Asia, 16 January 14. (http://www.rfa.org/cantonese/news/priest-01162014095654.html)
[4] “Pastor Zhang Shaojie Met His Lawyer for the First Time Since His Detention Two Months Ago” [Zhang shaojie mushi bei kou liang yue shou wu lushi], Radio Free Asia, 16 January 14. (http://www.rfa.org/cantonese/news/priest-01162014095654.html)
[5] Ibid.; “Lawyer Xia Jun Discusses the Nanle Church Case” [Xia jun lushi tan nanle jiaoan], Radio Free Asia, 7 February 14; (http://www.rfa.org/mandarin/yataibaodao/shehui/ck-02072014100132.html) ChinaAid, “Surveillance, Violence Continues Against Nanle County Christians, Lawyers on Christmas Eve,” 31 December 13. (http://www.chinaaid.org/2013/12/surveillance-violence-continues-against.html)
[6] ChinaAid, “Surveillance, Violence Continues Against Nanle County Christians, Lawyers on Christmas Eve,” 31 December 13. (http://www.chinaaid.org/2013/12/surveillance-violence-continues-against.html)
[7] Ibid.; “Chinese Christian Pastor’s 12-Year Prison Term ‘A Miscarriage of Justice,’” Radio Free Asia, 8 July 14. (http://www.rfa.org/english/news/china/church-07082014151723.html)
[8] Christian Solidarity Worldwide, “China: Henan Pastor’s Trial Date Postponed Indefinitely,” 25 February 14. (http://dynamic.csw.org.uk/article.asp?t=news&id=2004&search)
[9] Chen Zishan, “Central Government Persecutes Christians, Uses Torture To Obtain False Evidence” [Zhonggong pohai jidutu xingxun bigong zao weizheng], New Tang Dynasty Television, 28 November 13; (http://www.ntdtv.com/xtr/gb/2013/11/29/a1014067.html) “Lawyer Xia Jun Discusses the Nanle Church Case” [Xia jun lushi tan nanle jiaoan], Radio Free Asia, 7 February 14. (http://www.rfa.org/mandarin/yataibaodao/shehui/ck-02072014100132.html)
[10] “Qiao Nong, ChinaAid, “[The Court] Continued With Zhang Shaojie’s Trial, Denied Lawyers’ Request of Calling 10 Witnesses to Testify” [Zhang shaojie an xu shen, lushi chuanzhao shi zhengren chuting bei ju], 29 April 14; (http://www.chinaaid.net/2014/04/blog-post_1284.html) Qiao Nong, ChinaAid, “Concern Over Nanle Religion Case: Zhang Shaojie’s Trial Concludes, Judge Scheduled to Announce Judgment” [Guanzhu nanle jiao an: zhang shaojie an shenjie, faguan zeqi xuanpan], 30 April 14. (http://www.chinaaid.net/2014/04/blog-post_30.html)
[11] “Pastor Zhang Shaojie of Nanle Religion Case Given Heavy Sentence of 12 Years, He Said in Court That He Would Appeal, Lawyers Said [Sentence] A Setback for Justice” [Nanle jiao an zhang shaojie mushi bei zhongpan 12 nian, dang ting cheng jiang shangsu lushi zhi sifa daotui], Radio Free Asia, 4 July 14; (http://www.rfa.org/mandarin/yataibaodao/shehui/yf3-07042014093617.html) “Chinese Christian Pastor’s 12-Year Prison Term ‘A Miscarriage of Justice,’” Radio Free Asia, 8 July 14. (http://www.rfa.org/english/news/china/church-07082014151723.html)
[12] “Rights Defense Network, “Puyang Municipality Intermediate Court Decides Not To Hear the Appeal for the Nanle Zhang Shaojie Case” [Nanle jiao an zhang shaojie an puyang zhongji fayuan jueding er shen bu kaiting shenli], 13 August 14; (http://wqw2010.blogspot.com/2014/08/blog-post_210.html) Qiao Nong, ChinaAid, “Concern Over the Nanle Religion Case: Pastor Zhang Shaojie Permitted To Meet With Lawyer for the First Time, [Authorities] Repeatedly Make Things Difficult for Him As He Refuses to Give Up Appealing” [Guanzhu nanle jiaoan: zhang shaojie mushi shouci zai jianyu zhun jian lushi ju qi shensu lu zao diaonan], 21 August 14. (http://www.chinaaid.net/2014/10/blog-post_896.html)
[13] ChinaAid, “Nanle Court Sent Notice To Auction Pastor Zhang Shaojie’s Home, Elderly Parents Plan To Go to Beijing To Petition to President Xi Jinping” [Nanle fayuan fachu gonggao yao paimai zhang shaojie mushi zhuzhai nianmai de fumu zhunbei jin jing xiang xi zhuxi gaozhuang], 24 October 14; (http://www.chinaaid.net/2014/10/blog-post_571.html) Qiao Nong, ChinaAid, “Zhang Shaojie Refuses To Give Up Appealing, Home Faces Auction, 80-Year-Old Father Departs To Petition in Beijing” [Zhang shaojie ju qi shensu fangwu mianlin paimai baxun laofu qicheng fu Beijing shangfang], 26 October 14. (http://www.chinaaid.net/2014/10/blog-post_177.html)
[14] Ibid.
[15] Tom Phillips, “Christian Leader Jailed for 12 Years Amid Chinese Church Crackdown,” Telegraph, 4 July 14. (http://www.telegraph.co.uk/news/worldnews/asia/china/10945422/Christian-leader-jailed-for-12-years-amid-Chinese-church-crackdown.html)
[16] “Chinese Christian Pastor’s 12-Year Prison Term ‘A Miscarriage of Justice,’” Radio Free Asia, 8 July 14. (http://www.rfa.org/english/news/china/church-07082014151723.html)
[17] Ibid.
[18] Jen Psaki, “Daily Press Briefing,” U.S. Department of State, 7 July 14. (http://www.state.gov/r/pa/prs/dpb/2014/07/228782.htm)
[19] Zhejiang Provincial Government General Office, “Zhejiang Provincial People’s Government Circular on the Province-Wide Launch of the Three-Year ‘Three Rectifications and One Demolition’ Operation” [Zhejiang sheng renmin zhengfu guanyu zai quansheng kaizhan “san gai yi chai” sannian xingdong de tongzhi], 13 March 13. (http://www.zj.gov.cn/art/2013/3/13/art_13012_77021.html)
[20] Ibid.
[21] Ethnic and Religious Affairs Committee of Zhejiang Province, “Chairman Feng Zhili Mobilizes Our Province’s Christian Community To Participate in and Support the ‘Three Rectifications and One Demolition’ Campaign,” [Feng zhili zhuren dongyuan wo sheng jidu jiao jie zhichi canyu “san gai yi chai” xingdong], 26 February 14; (http://www.zjsmzw.gov.cn/Public/NewsInfo.aspx?type=1&id=19ddc8ee-ea47-407b-80cf-bce5008331ee) Yuhuan County People’s Government, “Implementation Plan for the Special Treatment Work on Illegally Constructed Sites of Religious and Folk Religion Activities in Shamen Township” [Shamen zhen zongjiao he minjian xinyang huodong changsuo weifa jianzhu zhuanxiang zhengzhi gongzuo shishi fang’an], reprinted in Pu Shi Institute for Social Science, 11 April 14; (http://www.pacilution.com/ShowArticle.asp?ArticleID=4877) Shaoxing Municipality United Front Work Department, “Shangyu District Does A Solid Job Regarding Religious and Folk Religion Sites for the ‘Three Rectifications and One Demolition [Campaign]’” [Shangyu qu zhashi zuohao zongjiao he minjian xinyang huodong changsuo “san gai yi chai” gongzuo], 16 May 14; (http://sxtz.sx.gov.cn/art/2014/5/16/art_13910_487861.html) Xietang Township People’s Government, “Circular Regarding Effectively Doing Special Rectification Work on Religious Sites and Folk Religion Sites” [Guanyu qieshi zuohao zongjiao huodong changsuo he minjian xinyang changsuo zhuanxiang zhengzhi gongzuo de tongzhi], reprinted in Shangyu District People’s Government, 8 April 14; (http://122.224.40.254/shangyu/index_nrcontent.jsp?&recID=5AB33DEAAB25852F1BACB2C6CF571BB1) Qiao Nong, ChinaAid, “Wenzhou as Testing Ground, a Nation-Wide Persecution Has Started” [Yichang yi wenzhou wei shidian de quanguoxing bipo yijing kaishi], 9 April 14. (http://www.chinaaid.net/2014/04/blog-post_2972.html)
[22] Ian Johnson, “Church-State Clash in China Coalesces Around a Toppled Spire,” New York Times, 29 May 14. (http://www.nytimes.com/2014/05/30/world/asia/church-state-clash-in-china-coalesces-around-a-toppled-spire.html?_r=0)
[23] Qiao Nong, ChinaAid, “Six Hundred Wenzhou Police Forcibly Remove Cross but Met With Resistance, [Police] Tore Down Outer Walls, Beat and Injured Elderly” [Wenzhou liu bai jingli qiang chai shizijia yu dikang, chai weiqiang dashang laoren], 9 October 14. (http://www.chinaaid.net/2014/10/blog-post_9.html)
[24] Bob Fu, “The Chinese Communist Regime Launches Across-the-Board Suppression on Christianity and Other Faiths; the Environment of Religious Freedom Declines Dramatically,” Hearing of the Committee on Foreign Affairs held by the Subcommittee on Africa, Global Health, Global Human Rights, and International Organizations, U.S. House of Representatives, 18 May 14. (http://docs.house.gov/meetings/FA/FA16/20140522/102256/HHRG-113-FA16-Wstate-FuP-20140522.pdf)
[25] “Zhejiang Government Launches Demolition Campaign, Targets Christian Churches,” Congressional-Executive Commission on China, 6 June 14. (http://www.cecc.gov/publications/commission-analysis/zhejiang-government-launches-demolition-campaign-targets-christian)
[26] Minnie Chan and Laura Zhou, “Christians in Zhejiang Cross With Authorities Over Church Demolitions,” South China Morning Post, 23 July 14. (http://www.scmp.com/news/china/article/1557359/christians-zhejiang-cross-authorities-over-church-demolitions)
[27] ChinaAid, “Update: Three-Self Sanctioned Church Pastor and 20 Believers Detained in Henan,” 19 November 13. (http://www.chinaaid.org/2013/11/update-three-self-sanctioned-church.html)
[28] “China Will Create Own Christian Belief System Amid Tensions With Church, Says Official,” South China Morning Post, 7 August 14; (http://www.scmp.com/news/china/article/1568209/china-will-create-own-christian-belief-system-amid-tensions-church-says?utm_source=The+Sinocism+China+Newsletter&utm_campaign=c7d9504074-Sinocism08_07_14&utm_medium=email&utm_term=0_171f237867-c7d9504074-29644657&mc_cid=c7d9504074&mc_eid=f14b2d60ad) China Christian Council and the Three-Self Patriotic Movement of the Protestant Churches in China, “The Reconstruction of Theological Thoughts is the New Light for the Chinese Church” [Shenxue sixiang jianshe shi zhongguo jiaohui xin de liangguang], Tianfeng Magazine, 11 November 08; (http://www.ccctspm.org/quanguolianghui/zhongyaowenjian_jianghua_2.html) State Administration for Religious Affairs, “Ten-Year Anniversary Commemoration of China’s Christian Reconstruction of Theological Thoughts Grandly Convened” [Zhongguo jidu jiao shenxue sixiang jianshe shi zhounian jinian dahui longzhong zhaokai], 19 November 08. (http://www.sara.gov.cn/xwzx/xwjj/2481.htm)
[29] Universal Declaration of Human Rights, adopted and proclaimed by UN General Assembly resolution 217A (III) of 10 December 48, arts. 9, 10, 18. (http://www.un.org/en/documents/udhr/)
[30] International Covenant on Civil and Political Rights, adopted by UN General Assembly resolution 2200A (XXI) of 16 December 66, entry into force 23 March 76, arts. 9, 14. (http://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx)
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