Chinese court sentences Chen Kegui to more than three years in prison for assaulting officials after uncle fled house arrest
A Chinese court has jailed the nephew of the activist Chen Guangcheng![ext]()
for assaulting officials who forced their way into his home![ext]()
after his uncle fled house arrest.
Human rights campaigners and lawyers immediately attacked his conviction, which followed a snap trial on Friday, with one supporter condemning the case as a "judicial farce".
Chen Kegui's father said a court-appointed lawyer rang at 10am to say his son's trial would begin four hours later at Yinan in north-eastern Shandong province. He and his wife were not allowed to attend.
He said a relative who witnessed the hearing had told him the 33-year-old had been sentenced to three years and three months for intentional injury.
Chen Guangcheng, a self-taught legal activist, fell foul of officials after exposing forced abortions in Shandong and was jailed on charges of "disrupting traffic and damaging property". After his release in 2010 his family was placed under tight guard in their village of Dongshigu. He and his wife were beaten by thugs![ext]()
, their young daughter was prevented from going to school and supporters who tried to visit were assaulted, detained or pelted with stones.
In April this year he made his audacious overnight escape and reached the United States embassy in Beijing. He is now studying in the US, with his wife and children, but has warned that he fears retribution against relatives who remain in China, including his nephew.
Before his detention Chen Kegui said he had used knives in self-defence![ext]()
when he was assaulted by men who forced their way into the family home after realising his uncle had fled a 19-month regime of house arrest.
He was initially accused of "intentional homicide", despite the fact that no one had died. The charges were later downgraded.
But while supporters had feared his sentence would be far heavier, they said he should not have been convicted in the first place.
Chen Kegui's father said his son's lawyer had refused to meet him to discuss the case.
Chen Guangfu, who is Chen Guangcheng's older brother, said before the hearing: "They are not the lawyers I want or trust, and they don't want to talk to me … I know nothing and have no information at all, neither from the government, court, or the lawyer."
He and his wife reached Yinan before the trial started, but another court-appointed lawyer told them that his wife was barred because she had been an accomplice – she was with their son when the clash happened – and he could not attend because he was a witness in the case.
Chinese trials usually rely on previously made witness statements in writing rather than oral testimony.
Chen Wuquan, who was hired by Chen Kegui's family to defend him but rejected by the court, said: "I can't accept the result. Chen Kegui is not guilty at all. His behaviour was legitimate self-defence, not the crime of intentional injury. From a legal perspective, the result is unacceptable."
Sophie Richardson, Asia director for Human Rights Watch, warned: "Chen Kegui's prosecution has been marred by almost all of the same pathologies as Chen Guangcheng's – dubious charges, incommunicado detention, failure to have counsel of his choice, and now an unfair trial."
Jerome Cohen, a leading expert on Chinese criminal law and a friend of Chen Guangcheng, said it was even worse than that case.
"This is the ultimate example of judicial farce in China, not a happy example of how human rights will be protected by China's new leadership," he said.
"The 'trial' was held in ways guaranteed to prevent any possible defence or any possible observer to attend."
No witnesses were allowed in Chen Kegui's defence and he was not given the opportunity to use his right to appeal, Cohen added.
Teng Biao, another lawyer rejected by the court, said holding the case at such short notice ensured that they had no time to reach Yinan to help the family with legal advice.
Teng added that the defendant's relatives had not seen him since his detention, noting: "No one has a clue about his condition."
A spokesman for the court, who gave his name only as director Li, initially said that the judgement would not be issued on Friday.
He added: "The trial is of course open to the public. Some Chinese media are already here for it. Media and people are welcome to attend." Reported by guardian.co.uk 20 minutes ago.
A Chinese court has jailed the nephew of the activist Chen Guangcheng
for assaulting officials who forced their way into his home after his uncle fled house arrest.Human rights campaigners and lawyers immediately attacked his conviction, which followed a snap trial on Friday, with one supporter condemning the case as a "judicial farce".
Chen Kegui's father said a court-appointed lawyer rang at 10am to say his son's trial would begin four hours later at Yinan in north-eastern Shandong province. He and his wife were not allowed to attend.
He said a relative who witnessed the hearing had told him the 33-year-old had been sentenced to three years and three months for intentional injury.
Chen Guangcheng, a self-taught legal activist, fell foul of officials after exposing forced abortions in Shandong and was jailed on charges of "disrupting traffic and damaging property". After his release in 2010 his family was placed under tight guard in their village of Dongshigu. He and his wife were beaten by thugs
, their young daughter was prevented from going to school and supporters who tried to visit were assaulted, detained or pelted with stones.In April this year he made his audacious overnight escape and reached the United States embassy in Beijing. He is now studying in the US, with his wife and children, but has warned that he fears retribution against relatives who remain in China, including his nephew.
Before his detention Chen Kegui said he had used knives in self-defence
when he was assaulted by men who forced their way into the family home after realising his uncle had fled a 19-month regime of house arrest.He was initially accused of "intentional homicide", despite the fact that no one had died. The charges were later downgraded.
But while supporters had feared his sentence would be far heavier, they said he should not have been convicted in the first place.
Chen Kegui's father said his son's lawyer had refused to meet him to discuss the case.
Chen Guangfu, who is Chen Guangcheng's older brother, said before the hearing: "They are not the lawyers I want or trust, and they don't want to talk to me … I know nothing and have no information at all, neither from the government, court, or the lawyer."
He and his wife reached Yinan before the trial started, but another court-appointed lawyer told them that his wife was barred because she had been an accomplice – she was with their son when the clash happened – and he could not attend because he was a witness in the case.
Chinese trials usually rely on previously made witness statements in writing rather than oral testimony.
Chen Wuquan, who was hired by Chen Kegui's family to defend him but rejected by the court, said: "I can't accept the result. Chen Kegui is not guilty at all. His behaviour was legitimate self-defence, not the crime of intentional injury. From a legal perspective, the result is unacceptable."
Sophie Richardson, Asia director for Human Rights Watch, warned: "Chen Kegui's prosecution has been marred by almost all of the same pathologies as Chen Guangcheng's – dubious charges, incommunicado detention, failure to have counsel of his choice, and now an unfair trial."
Jerome Cohen, a leading expert on Chinese criminal law and a friend of Chen Guangcheng, said it was even worse than that case.
"This is the ultimate example of judicial farce in China, not a happy example of how human rights will be protected by China's new leadership," he said.
"The 'trial' was held in ways guaranteed to prevent any possible defence or any possible observer to attend."
No witnesses were allowed in Chen Kegui's defence and he was not given the opportunity to use his right to appeal, Cohen added.
Teng Biao, another lawyer rejected by the court, said holding the case at such short notice ensured that they had no time to reach Yinan to help the family with legal advice.
Teng added that the defendant's relatives had not seen him since his detention, noting: "No one has a clue about his condition."
A spokesman for the court, who gave his name only as director Li, initially said that the judgement would not be issued on Friday.
He added: "The trial is of course open to the public. Some Chinese media are already here for it. Media and people are welcome to attend." Reported by guardian.co.uk 20 minutes ago.