[Editor’s Note: The Constitution of the People’s Republic of China (P.R.C.) guarantees the basic rights of its citizens, including the freedom of speech. However, these rights can be easily taken away. Provided on next page is the translation of an official Information submitted by the Office of People’s Prosecutor, Chengdu City, Sichuan Province to the Intermediate People’s Court of Chengdu, Sichuan Province against a pro-democracy activist in China for subversion charges. Mr. Ouyang was a high school teacher in a village in Sichuan Province before he lost his job because of his participation in the June 4 1989 pro-democracy movement. Prior to his arrest last December, this former high school teacher had been making a living as a temporary worker. He is known by his friends as a mild dissident advocating for political reform in China.]
Criminal Law of the People’s Republic of China, Article 105 amended as of 1997 reads as follows:
Article 105 Among those who organize, plot or carry out the scheme of subverting the State power or overthrowing the socialist system, the ringleaders and the others who commit major crimes shall be sentenced to life imprisonment or fixed-term imprisonment of not less than 10 years; the ones who take an active part in it shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years; and the other participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.
Whoever incites others by spreading rumors or slanders or any other means to subvert the State power or overthrow the socialist system shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights; and the ringleaders and the others who commit major crimes shall be sentenced to fixed-term imprisonment of not less than five years. ]
Information by the Office of People’s Prosecutor, Chengdu City, Sichuan Province Chengdu Criminal Prosecution – Case Number (2003) 152
Defendant, Ouyang Yi, male, was born on June 28, 1968, Identification Card No. 10902680628467, a Han Chinese, native of Suining City of Sichuan Province. Defendant has college education and is currently unemployed. Defendant’s legal residence is 37-11 Baoshi Street, Baoshi Township, Suining City. His temporary residence is 8th Floor, Unit 5, Building One, 9 Petroleum Road, Chengdu City.
Defendant was arrested and detained on criminal offense by Chengdu Public Security Bureau on December 5, 2002. This Office officially signed the arrest warrant of the defendant for subversion charges on January 6, 2003. Chengdu Public Security Bureau executed the arrest warrant the following day. Defendant is now detained at the Chengdu Detention Center.
The Chengdu Public Security Bureau completed its investigation on the subversion charges against Ouyang Yi on March 26, 2003 and transferred the case to this Office for prosecution. After agreeing to process the case, this Office interrogated Defendant and informed Defendant of his right to legal counsel. This Office have reviewed all the case documents. This case has been twice returned to the Chengdu Public Security for further investigation. It was last resubmitted to this Office on August 4. This Office hereby makes the following findings:
During the "June 4" political turmoil in 1989, Defendant Ouyang Yi was arrested and detained by local police in Suining City for two months for posting flyers that jeopardized national security. After that, the defendant was not at all repentant, but continued attempt to overthrow the State power and the socialist system. After Defendant fled to Chengdu in 1999, he ganged up with Hu Mingjun and Wang Sen (both sentenced to imprisonment for crimes of subversion) and others, and continued to engage in activities that undermined national security. In 2000, Defendant produced and distributed many anti-Communist Party and anti-socialism articles to insult and slander the Chinese Communist Party and our State power.
In October 2002 before the opening of the 16th National Congress of the Chinese Communist Party, Defendant Ouyang Yi, at the request of a Lin (prosecuted separately), wrote an article that slandered our State power and the political system, entitled “Welcome a Ruling Party’s 16th National Congress that Will ‘Progress With Times’ Promoting Democratic Politics." Defendant emailed the article to Zhao Changqing in Xian City (sentenced on charges of instigating subversion) who revised and sent the article to a hostile overseas organization—Human Rights in China. On November 6, 2002, Human Rights in China published this article online at Boxun.com under the title of "A Joint Petition to the Chinese Government from Two Hundred Chinese Dissidents in Seventeen Provinces in China."
On December 5, 2002, Defendant Ouyang Yi was arrested and detained by public security.
The aforementioned findings of facts were supported by evidence on record that include physical evidence, writings, affidavits from witnesses, inspection reports, and etc.
It is the conclusion of this Office that Defendant Ouyang Yi produced and distributed articles that insulted and slandered our State power and socialist system; that his activities have violated Criminal Law of the People’s Republic of China, Article 105, Section 2, and have committed the crime of instigating the subversion of the State power. In this case, the facts are clear, the evidence is reliable and ample, thus Defendant should be prosecuted according to the law. To maintain social order and safeguard national security, this Office hereby submits this Information for public prosecution in accordance with Criminal Procedure Law of the People’s Republic of China, Article 141, and requests for conviction under the law.
Respectfully Submitted to Intermediate People’s Court of Chengdu, Sichuan Province By the Office of People’s Prosecutor of Chengdu, Sichuan Province
September 4, 2003
Attachments: 1. One copy of Evidence Index and one set of prosecution files. 2. One copy of major evidence, 4 pages.
Translated from original texts posted at Boxun on October 3, 2003