Yang Tongyan Verdict (English)

Zhenjiang (Jiangsu) Intermediate People’s Court Criminal Verdict

Zhenjiang Crim. First Trial No. 12 (2006)

Prosecuting organ is the Zhenjiang (Jiangsu) People’s Procuratorate.

Defendant Yang Tongyan, male, born February 21, 1962 in Siyang County, Jiangsu, Han ethnicity, university graduate, unemployed. Household registration at Apartment 201, No. 9 Huiyuan Street, Baixia District, Nanjing, Jiangsu; temporarily resides at Apartment 203, Unit 2, Building 10, Taiping Gardens, Jiangning District, Nanjing, Jiangsu. In July 1991 he was convicted of the crime of organizing or leading a counterrevolutionary group and sentenced to 10 years’ imprisonment with subsequent deprivation of political rights for four years. On May 31, 2000, he was released upon completion of [that] sentence. Placed under residential surveillance on December 23, 2005 on suspicion of having committed the crime of subversion, and arrested on January 20, 2006. Currently in custody at the Dantu District Detention Center in Zhenjiang.

Defense attorneys are Li Jianqiang and Lan Fang of the Shandong Huaguan Law Firm.

The Zhenjiang (Jiangsu) People’s Procuratorate issued indictment No. 013 [2006] charging the defendant Yang Tongyan with the crime of subversion and brought charges for prosecution in this court on April 25, 2006. Pursuant to the Jiangsu Higher People’s Court’s decision on designating jurisdiction, this court filed the case for trial, formed a collegiate bench in accordance with the law, and heard the case in closed court on May 16, 2006. The Zhenjiang People’s Procuratorate designated Deputy Procurator-General Dong Xinjian, Procurator Chen Dong, and Deputy Procurator Jin Qinghua to appear in court for the prosecution. Defendant Yang Tongyan and his defense attorneys Li Jianqiang and Lan Fang were also present in court to participate in the proceedings. This trial has now been concluded.

The Zhenjiang People’s Procuratorate charged that: From May 2002 to December 2005, defendant Yang Tongyan, using the online pseudonyms “Yang Tianshui” and “China’s Tears,” posted numerous articles on Epoch Times, Boxun, and other overseas web sites, including articles such as “October First is China’s Day of Calamity” and “An Admonition to the Chinese Communist Ruling Clique,” in which he attacked the leadership of the Chinese Communist Party, called the people’s democratic dictatorship a “tyrannical regime,” and attempted to overthrow the existing state power and the socialist system. In “October First is China’s Day of Calamity,” he wrote: “The Chinese Communist Party has named October First as its national holiday. This is despotic China’s national day; October First should be a day of calamity for the Chinese people.” In “An Admonition to the Chinese Communist Ruling Clique,” he wrote: “Abject poverty, backwardness, barbarianism, and brutality are rife on the mainland. Dictatorship is the public enemy of human nature!” In “Everyone Has the Right to Oppose Tyranny,” he wrote: “The authoritarian system is itself a kind of absolute autocrat and traitor to the people. Everyone has the right to punish such traitors.” In “Our Hopes for the Great Democracy Party,” he wrote: “We believe that the main threat to the happiness of the citizens of China today is not Taiwan independence but tyrannical forces on the mainland.” In “Pondering the Chinese Democracy Movement” he wrote: “The communist movement of the Chinese Communist Party is in essence a mob movement” [and] “The old system before us now will be thoroughly [undone] and sent to its grave.”

In March 2005, defendant Yang Tongyan took part in the “online ballot” to elect a “Democratic Chinese Transitional Government” that was launched by the overseas group “Velvet Action of China,” and he was elected to the Secretariat of the “First Democratic Chinese Provisional Transitional Government” as well as a member for Jiangsu of the working committee for peaceful handover of authority in provinces and cities. Further, in an article posted on the Epoch Times website entitled “The Epoch-making Velvet Action,” he claimed: “‘Velvet Action’ is epoch-making, and the ‘Transitional Democratic Chinese Government’ born out of a new model of people’s movement, through an online free and democratic election, is a legal government.”

In April 2005, defendant Yang Tongyan, adhering to the platform and charter of the hostile overseas organization “China Democracy Party,” secretly formed and recruited members for the “Preparatory Committee for the Organization of the Jiangsu-Anhui Branch of the China Democracy Party.”

In February 2005, defendant Yang Tongyan received €500 in funds from Sheng Xue, deputy chairman of the “Democratic China Front.” In December of that year he accepted A$500 from Sun Liyong of Australia. These funds were in part used to [provide] assistance to individuals convicted of the crime of endangering state security, such as Wang Wenjiang, and to their close relatives.

To demonstrate the above-mentioned criminal facts as charged, the prosecutors examined the defendant in court; presented witness testimony, records of evidence collection, transcripts of on-scene investigations, and a list of items seized; and produced photographic and written evidence, photos taken at the scene, and other evidence. On this basis, the prosecution held that the defendant Yang Tongyan organized, plotted, and carried out activities [aimed at] subverting state power and overthrowing the socialist system. His criminal actions [constitute] a major crime and violate the provisions of Article 105, paragraph 1 of the Criminal Law of the PRC, and he should be held criminally liable for the crime of subversion. [Because] defendant Yang Tongyan colluded with organs, organizations, or individuals overseas to carry out his criminal activities [aimed at] subversion and the overthrow of the socialist system, in accordance with the provisions of Article 106 of the Criminal Code of the PRC, severe punishment should be imposed. [Because] defendant Yang Tongyan had been convicted and sentenced for the crime of organizing or leading a counterrevolutionary group in the past and committed the crime of subversion after his penalty had been executed, in accordance with the provisions of Articles 65 and 66 of the Criminal Code of the PRC, severe punishment should be imposed for recidivism.

Defendant Yang Tongyan did not dispute the indictment’s allegation that he posted articles on a overseas websites, participated in "Velvet Action," and received monies from overseas which he used in part to [provide] assistance to individuals convicted of the crime of endangering state security, such as Wang Wenjiang, and to their close relatives, but argued that:

Writing articles to express his own views and posting them on overseas websites was a means of expressing one’s aspirations for democracy and thus did not constitute a crime.

The factual evidence for the indictment’s allegation that he secretly formed a “Preparatory Group of the Jiangsu-Anhui Branch of the China Democracy Party” was insufficient. He had only the intention to form a party and had only written a “Declaration of the Preparatory Group of the Jiangsu-Anhui Branch of the China Democracy Party” but had done nothing to recruit members.

He did receive funds from overseas and used these in part to assist persons who had been convicted of the crime of endangering state security and their close relatives, but this fell under the category of humanitarian relief.

Yang’s defense attorney submitted that:

Defendant Yang Tongyan’s written articles criticizing and attacking China’s people’s democratic dictatorship and socialist system were not actions taken to subvert state power, but rather a means of expressing ideas with no subjective intent to subvert state power.

Defendant Yang Tongyan’s actions in posting an article in support of “Velvet Action” as well as in his preparations to form a party, during which he had no contact with the China Democracy Party, were not actions of a subversive nature.

Defendant Yang Tongyan’s humanitarian actions in using monies received from overseas in part to provide aid to others did not constitute subversion of state power.

In the course of the trial it was determined that: From May 2002 to December 2005, defendant Yang Tongyan, using the online pseudonyms “Yang Tianshui” and “China’s Tears,” posted numerous articles on Epoch Times, Boxun, and other overseas web sites, in which he attacked the leadership of the Chinese Communist Party and the people’s democratic dictatorship and attempted to overthrow the existing state power and the socialist system.

In March 2005, defendant Yang Tongyan took part in the “online ballot” to elect a “Democratic Chinese Transitional Government” that was launched the overseas group “Velvet Action of China,” and he was elected to the Secretariat of the “First Democratic Chinese Provisional Transitional Government” as well as a member for Jiangsu of the working committee for peaceful handover of authority in provinces and cities. Further, in an article posted on the Epoch Times website entitled “The Epoch-making Velvet Action” in which he claimed such things as: “‘Velvet Action’ is epoch-making, and the ‘Transitional Democratic Chinese Government’ born out of a new model of people’s movement, through an online free and democratic election, is a legal government.”

In February 2005, defendant Yang Tongyan received €500 in funds from Sheng Xue, deputy chairman of the “Democratic China Front.” In December of that year he accepted A$500 from Sun Liyong of Australia. These funds were in part used to [provide] assistance individuals convicted of the crime of endangering state security, such as Wang Wenjiang, and to their close relatives.

To demonstrate the above facts, the following evidence was adduced and cross-examined in court during the trial and has been affirmed by this court:

A memorandum from the Ministry of Public Security of the PRC verifying that the “China Democracy Party” is a hostile organization, which confirms that the China Democracy Party has chapters in China and overseas, is antagonistic to China’s people’s democratic dictatorship and the socialist system, and organizes, plots, and carries out activities that endanger state security.

Electronic data retrieved from the Internet and archived by the Zhenjiang Public Security Bureau, which, having been identified and signed by defendant Yang Tongyan, confirms that defendant Yang Tongyan, using the online pseudonyms “Yang Tianshui” and “China’s Tears,” posted a large number of articles on Epoch Times, Boxun, and other overseas web sites, including “October First is China’s National Day of Calamity,” “An Admonition to the Chinese Communist Ruling Clique,” “Everyone Has the Right to Oppose Tyranny,” “Our Hopes for the Great Democracy Party,” “On the Chinese Democracy Movement,” and “Thoughts from Behind Bars, No. 5: Form a New Party, Expand Unity, Strengthen the Fighting Capacity of the Overseas Democracy Movement.”

Electronic data retrieved and archived by the Zhenjiang Public Security Bureau from the article “The Epoch-Making Velvet Action,” which, having been identified and signed by defendant Yang Tongyan, confirms that defendant Yang Tongyan participated in the “Velvet Action of China.”

Electronic data retrieved and archived from the computer and computer floppy disks belonging to the criminal Xu Wanping by the Chongqing Public Security Bureau, which confirms that defendant Yang Tongyan [participated] in the Velvet Action of China and was elected to the Secretariat of the “First Democratic Chinese Provisional Transitional Government” and as a member for Jiangsu of the working committee for peaceful handover of authority in provinces and cities.

Electronic data retrieved and archived from the computer of defendant Yang Tongyan by the Zhenjiang Public Security Bureau, which was identified and signed by defendant Yang Tongyan. The document “Declaration of the Preparatory Group of the Jiangsu-Anhui Branch of the China Democracy Party” written by the defendant confirms that he was adhering to the program and charter of the hostile organization “China Democracy Party” in secretly forming and recruiting members for the “Preparatory Committee for the Organization of the Jiangsu-Anhui Branch of the China Democracy Party.”

Electronic data retrieved and archived from the computer of defendant Yang Tongyan by the Zhenjiang Public Security Bureau, which was identified and signed by defendant Yang Tongyan. The online article written by Zhao Xin, “Encouragement for Yang Tianshui, Who Joins Thought to Action,” confirms that in April 2005, when defendant Yang Tongyan and Tao Shiji met Zhao Xin at the Sun Yatsen Mausoleum in Nanjing, [Yang] informed Zhao Xin of a plan to form in secret the “Preparatory Group of the Jiangsu-Anhui Branch of the China Democracy Party.”

Testimony of deposed witness Lin Xiaowei, which confirms that in the first part of March, Lin Xiaowei heard Tao Shiji say that Yang Tongyan was in charge of preparatory work for the Jiangsu-Anhui Branch of the China Democracy Party and that Yang Tongyan would give Lin the specific details himself. A week later, when Yang Tongyan met Lin as arranged at the entrance to the Suguo Supermarket in Wangtang Village outside Nanjing’s Zhongyang Gate, Yang said that Lin Xiaowei and Tao Shiji were both members of the China Democracy Party and that he himself was in charge of China Democracy Party preparatory work in the region of Jiangsu Province. [Yang also said that] he had set up a preparatory group of which he served as chair, but Lin would not be included in the five-member group for the time being because Lin’s identity [as a party member] had not yet been exposed.

Testimony of deposed witness Tao Shiji, which confirms that in April 2005, Yang Tongyan decided to establish the “Jiangsu-Anhui Branch of the China Democracy Party.” In May of the same year, Yang Tongyan personally drafted a programmatic document that listed the names of the five members of the preparatory committee. Yang Tongyan had sought the opinion of Tao Shiji on the formation of the “Jiangsu-Anhui Branch of the China Democracy Party,” and Tao was one of the members of the preparatory committee. His testimony further confirmed that when defendant Yang Tongyan and Tao Shiji met Zhao Xin at the Sun Yatsen Mausoleum in Nanjing, they discussed matters concerning the China Democracy Party.

Electronic data retrieved and archived from email correspondence with Sheng Xue by the Zhenjiang Public Security Bureau, which, having been identified and signed by defendant Yang Tongyan, confirms the circumstances of Yang Tongyan’s acceptance of €500 from Sheng, deputy chairman of the “Democratic China Front,” which Sheng requested a third party to send by transfer from Germany.

An Agricultural Bank of China Western Union transfer receipt and a credit memo from the Siyang County branch of the Agricultural Bank of China, which confirms that on February 1, 2005, Pan Wenzhong of Germany transferred US$600.91 (equivalent to €500) to Yang Tongyan.

A Siyang County China Post postal savings deposit slip, an Anshan (Liaoning) Postal Remittance Branch enquiry slip, and an Anshan (Liaoning) Intermediate People’s Court Criminal Verdict, all of which confirm that on March 6, 2005, defendant Yang Tongyan transmitted RMB 500 via postal savings remittance to Wang Wenjiang, [previously] convicted of subversion.

A Western Union transfer receipt and an Agricultural Bank of China account book entry, which confirm that on December 23, 2005, Sun Liyong in Australia transferred A$500 to defendant Yang Tongyan.

A Bank of China domestic remittance application, a memorandum issued by the Liaoning Provincial Public Security Bureau, and a Liaoning Higher People’s Court decision, which confirm that on December 23, 2005 defendant Yang Tongyan transferred RMB 2918.60 to Zheng Yichun’s younger brother Zheng Xiaochun and that Zheng Yichun had been [previously] convicted of inciting subversion.

On-site crime scene investigation records and photographs, photographs of material evidence, and a list of items impounded, all of which confirm that the public security organs impounded an IBM600 laptop computer, a [PC desktop] clone, and a printer from defendant Yang Tongyan’s temporary residence at Apartment 203, Unit 2, Building 10, Taiping Gardens, Jiangning District, Nanjing. The computers and printer in the photographs were identified in court by defendant Yang Tongyan, who verified that these were the tools used in the case.

The statements made by defendant Yang Tongyan during the investigation period and in court. which, excluding [Yang’s] denial of secretly forming and recruiting members for the “Jiangsu-Anhui Branch of the China Democracy Party,” attests to all the remaining facts and serves as corroboration for the above-mentioned evidence.

In addition, further determining evidence in the case includes:

Nanjing (Jiangsu) Intermediate People’s Court Criminal Verdict No. 027 (1991) and certification provided by the Jiangsu Province Longtan Prison, which confirm that in July 1991, defendant Yang Tongyan was sentenced to 10 years’ imprisonment with subsequent deprivation of political rights for four years for the crime of organizing or leading a counterrevolutionary group. He was released on completion of his sentence on May 31, 2000.

During the course of the trial, the defense submitted two items of evidence:

The testimony of Sheng Xue, a Chinese Canadian citizen who is deputy chairman of the “Democratic China Front,” in order to confirm that Sheng Xue transferred €500 to defendant Yang Tongyan to assist with his legal fees.

“(Draft) Charter of the China Democracy Party,” in order to confirm that the defendant Yang Tongyan had had no organizational contact of any kind with the China Democracy Party in his secret formation of the “Jiangsu-Anhui Branch of the China Democracy Party.”

During cross-examination of these two items of evidence, the prosecution raised objections concerning the legality of the procedure used by the defense to procure these two items of evidence. After consideration, this court holds that the two items of evidence presented in court by the defense were not collected through procedures in accordance with legal provisions and were inadmissible in court.

It is the opinion of this court that defendant Yang Tongyan organized, plotted, and carried out actions to subvert state power and overthrow the socialist system; that these actions constitute the crime of subversion; and that these were major criminal activities and should be punished according to the law. His collusion with organs, organizations, or individuals overseas in carrying out the above-mentioned crimes should be severely punished according to the law; moreover due to his past conviction and [subsequent] prison sentence for organizing or leading a counterrevolutionary group and his repeat commission of the crime of subversion after his release, severe punishment should be imposed according to the law. As for defendant Yang Tongyan’s defense and the defense attorney’s submission, after consideration [the court’s view is that]: Freedom of speech and association are political rights bestowed upon citizens in China’s constitution, but the constitution clearly stipulates that in the commission of these political rights, citizens shall not endanger the interests or security of the state. Defendant Yang Tongyan posted numerous articles on overseas-hosted websites, attacking the leadership of the Chinese Communist Party and the socialist system. Moreover, he adhered to the platform and charter of the “China Democracy Party” and secretly formed and recruited members for the “Jiangsu-Anhui Branch of the China Democracy Party.” There is sufficient evidence that he conspired to subvert China’s state power. At the same time, defendant Yang Tongyan received overseas assistance from organs, organizations, or individuals overseas, which he used to assist persons who had been convicted of endangering state security and to assist their close relatives. This is both subjective and objective proof of deliberate criminal action by defendant Yang Tongyan to subvert state power and therefore, this court cannot accept defendant Yang Tongyan’s defense or the submission of his defense attorney. The facts of the charge of the crime of subversion brought by the Zhenjiang (Jiangsu) People’s Procuratorate against defendant Yang Tongyan are clear, the evidence is credible and sufficient, and the characterization [of the crime] is accurate; [therefore] the charges are supported by this court. To safeguard China’s people’s democratic dictatorship and socialist system, on the basis of the facts, nature, and circumstances of defendant Yang Tongyan’s crime, and in accordance with the provisions of paragraph 1 of Article 105, Article 106, paragraph 1 of Article 56, paragraph 1 of Article 55, paragraph 1 of Article 65, Article 66, and Article 64 of the Criminal Code of the PRC, this court rules as follows:

Defendant Yang Tongyan is sentenced to 12 years’ imprisonment, with subsequent deprivation of political rights for four years, for the crime of subversion. (The prison term is to be calculated on the day the verdict is implemented, with each day spent in detention prior to the verdict’s implementation to count as one day of the prison term; therefore, it will run from December 23, 2005 to December 22, 2017.)

Equipment used for criminal purposes, the IBM600 compatible laptop computer, the HP printer and two Nokia mobile phones, will be confiscated.

If this verdict is not accepted, an appeal may be filed between two and ten days from the receipt of this verdict, either to this court or directly to the Jiangsu Higher People’s Court. In case of a written appeal, the original appellate petition must be submitted together with one copy.

Presiding Judge: Yang Rong

Judicial Officer: Wu Jinyao

Deputy Judicial Officer: Zhang Yun

May 17, 2006 (seal of the court)

Secretary: Liu Jing

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