Statement on the Third Anniversary of the XueBing Case

“The verdict not only shows a reckless disregard for the facts but also involves malicious speculation and deliberate misinterpretation, not to mention being self-contradictory. It is a ruling that contradicts objective facts and is unjust.” — Huang Xueqin

“My intention is not to incite subversion of state power, but to make some people freer and society more equal and just.”—Wang Jiangbing

On September 10, 2024, the Higher People’s Court of Guangdong Province (hereinafter the Higher Court) secretly issued the second- (and final) instance verdict in the “XueBing Case” (Huang Xueqin and Wang Jianbing) without holding a trial or considering any new evidence. According to the final verdict, XueBing’s appeals were rejected, and the unjust first-instance verdict was upheld. The four lawyers representing the two (two for each, including Wang Jianbing’s lawyer, Xiao Yunqiang, whose qualifications were deliberately ignored by the Higher Court) only learned on the evening of September 13 that the second-instance verdict had been issued in secret. The lawyers had not received any court notices or documents, meaning that the court de facto deprived XueBing of their right to self-representation and deprived the defense lawyers of their right to defense.

This unexpected and secret (final) verdict exemplifies the unlawful handling of the case by the public security authorities and the unfairness of the judicial process that XueBing have endured over the past three years. It is also a classic tactic used by the Chinese government to suppress public opinion.

Three Years of Injustice

In the three years since XueBing’s disappearance, the case has been repeatedly requested for supplementary investigations due to insufficient evidence. Civil society activists who attended XueBing’s gatherings and friends of XueBing have also faced frequent and intense harassment and have been coerced into signing false testimonies. The first instance took place two years after their disappearance and, though it was billed as a “public trial,” the roads around the Guangzhou Intermediate Court were closed on the day of the trial, preventing anyone with an interest in the case from approaching or observing, effectively making the “public trial” a closed one. The verdict in the first instance was delayed for nine months. At the date of verdict announcement (2024/6/14), the court was even more heavily guarded by a large number of police, plainclothes police officers and so-called volunteers, while journalists and the public were blocked off from the street and prevented from entering the courthouse.

The gross injustice of the first-instance verdict against the two sparked widespread outrage against the brutal repression by the authorities. Intensive social media coverage, along with initiatives and condemnations from activists around the world, not only showed support for the two, but also responded to the unjust suppression of civil society by the state apparatus. The unexpected and secretive announcement of the second verdict and the refusal to allow a public trial are clearly an attempt by the authorities to avoid another wave of public criticism. However, we are confident that the injustice of the XueBing case over the past three years will become a historical footnote in China’s social transformation and resistance mobilization. The past, present, and future efforts and contributions of the two, as well as those of other moderate, behind-the-scenes, or low-profile activists, cannot be easily erased by such a politicized indictment.

Impaired Health and Deprived Freedom

The three years of detention have had a devastating effect on their health. Xueqin has suffered from menopause, sudden weight loss, calcium deficiency, back pain, low blood sugar, and low blood pressure, while Jianbing has suffered from depression, abnormal heart function, and chronic digestive dysfunction. Neither has been able to receive further examination or treatment at the detention center, and due to their limited communication with the outside world, it is difficult for us to know their specific physical health conditions in real time, let alone their mental health.

XueBing have also been denied the freedom of communication and reading. Over the past three years, hundreds of friends from around the world who care about them have sent numerous postcards and books, but they have received only one postcard, and all books sent from outside have been returned or confiscated. This has completely cut them off from the outside world, except for limited meetings with their lawyers. The malicious deprivation of their legal rights by the authorities during their detention is both unacceptable and outrageous.

We Must Continue to Speak out

The verdicts of the first and second instance clearly indicate that the XueBing case is about the suppression of civil society networks and underground communities, the surveillance of XueBing’s freedom of expression on social media platforms, and the systematic and ongoing retaliation against their committed labor and feminist activism, respectively. Despite the government’s clear intention to silence dissenting voices and organizing efforts, we believe that continued advocacy and documentation are crucial in the fight for every bit of “freedom” for XueBing. That is why we must continue to speak out.

As friends of XueBing, we:

1. Do not recognize the unjust verdicts of the first and second instance and will continue to support the further complaints/grievances filed by the two against the case;
2. Demand that the Higher Court correct the errors and make a decision to retry the case as soon as possible, and we also call on the Supreme Court and the Guangdong Provincial People’s Procuratorate to review and supervise the unjust verdicts in this case;
3. Demand that the detention center, as well as the prison authorities to whom they will be transferred, conduct comprehensive, systematic and speciality physical health checks on the two, provide the necessary medical support for the various physical and psychological problems they both have, and publicly disclose their physical and mental health conditions;
4. Demand that the detention center, as well as the prison authorities to whom they will be transferred, guarantee their freedom of communication and reading, allow them to communicate freely with the outside world, and return the numerous postcards, letters and books that have been confiscated from them.

Friends of XueBing (Huang Xueqin and Wang Jianbing)

2024.9.19

Note: For a timeline of the Xuebing case, please see the appendix to the Chinese version of the statement: https://free-xueq-jianb.github.io/2024/09/19/3years_zh/