SAN FRANCISCO (MARCH 7, 2016): Associate Professor Chen Taihe (陈泰和) of Guilin Electronic Technology University Law School, a practicing attorney and a leading voice for legal reform and the adoption of the jury system in China, was reunited with his family in San Francisco on Tuesday, March 1.
Professor Chen was one of more than 200 lawyers and activists interrogated or detained in a nationwide police action in mid-July. He was detained on July 12, 2015 on suspicion of “inciting subversion of state power,” “provoking a serious disturbance,” and “embezzlement.” He was released from detention and placed under residential surveillance in a designated location on August 12 and transferred to residential surveillance in his own residence on August 22.
Unlike residential surveillance in a designated location, residential surveillance in one’s own residence is a less taxing coercive measure. During the roughly six months he was under residential surveillance, Chen was allowed to move about Guilin, visit with friends, and make and receive calls to his wife in the United States. He was permitted to travel outside Guilin. He was required to report regularly to the police and to submit to interviews.
Chen, 45 years old, studied the jury system in the United Kingdom and, based on his study, published his book The Most Common Right (《最普通的权利》). In 2012, Chen visited Washington DC and participated in a judicial exchange program at the invitation of the Department of State. In October 2013, at the invitation of retired Chief Judge of the Maui Second Circuit of Hawaii Shackley F. Raffetto, Chen led a group of Chinese lawyers to visit Hawaii for a series of exchanges with judges, including Chief Justice Mark Recktenwald of the Hawaii Supreme Court, and leading lawyers. They observed a complete jury trial over a two-day period.
A short time before departing for the United States, Chen was informed by the Guilin police department that charges against him would not be pursued and that he would be allowed to travel to the United States to reunite with his family. He applied for and quickly received a new Chinese passport, as well as an American visa.
Dui Hua worked with Chinese officials and American diplomats to help bring about this result. It expresses its gratitude to everyone who helped make this important humanitarian gesture possible.
Dui Hua has been authorized by Professor Chen to release the following statement:
“I am grateful to the Guilin police for dropping the charges against me and allowing me to be reunited with my family in the United States. I would also like to thank my American friends who helped make this possible.
I sincerely hope that the Chinese government will also show clemency to those lawyers and citizens who have been arrested for subversion and inciting subversion.
I intend to resume my work promoting the adoption of the jury system in China, and look forward to the day when China is a free country that respects individual rights and the rule of law.
A society based on dialogue is superior to a society based on conflict. I hope that China will tolerate more dissenting opinions, to the mutual benefit of the government and the people it governs.”
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对话基金会欢迎陈泰和教授抵达美国
旧金山 (2016年3月7日): 桂林电子科技大学法学院陈泰和副教授,执业律师,呼吁在中国进行司法改革并采纳民决团(陪审团)制度的主要倡导者,3月1日在旧金山与他的家人重聚团圆。
陈教授是去年七月中旬在全国范围内进行的警方行动中被约谈或拘捕的200多名律师和活动人士中的一个。他在2015年7月12日被拘传,涉嫌罪名是“煽动颠覆国家政权罪”,“寻衅滋事罪”和“职务侵占罪”。8月12日他从看守所被释放同时被在指定地点监视居住,又在8月22日变更为在自己居所监视居住。
与指定地点监视居住不同,在自己家中监视居住是一个较为轻缓的强制措施。大概六个月的在自己居所监视居住期间,陈教授被允许在桂林活动,走亲访友,并与在美国的妻子通讯联系。他也被获准旅行到外地,但被要求定期向警察汇报并面谈。
陈,45岁,在英国研究民决团制度并以此为基础出版了专著《最普通的权利》。2012年他应美国国务院之邀访问了华盛顿参加一个司法交流项目。2013年,应退休的夏威夷州茂宜(Maui)第二巡回法院首席法官 Shackley F. Raffetto的邀请,陈教授带领一批律师与包括夏威夷州最高法院首席大法官 Mark Recktenwald 在内的美国法官和重要律师进行交流访问,期间观察了一个持续两天完整的民决案庭审。
在陈教授出发到美国之前不久,桂林公安部门告知针对他的指控将不再追诉,而且他被获准出国到美国与家人团聚。很快地,他申请办理了一个新护照,之后快速地申请得到了美国签证。
对话基金会通过与中国官员及美国外交官合作力助促成此事,并向帮助使得这个重要的人道主义援助成为可能的所有人表示感谢。
经陈泰和教授授权,对话基金会做出以下声明:
“本人感谢桂林警方撤销对我的刑事指控并允许我与在美国的家人团聚,并同时感谢提供帮助的美国朋友们。
本人衷心希望中国政府对于其他那些以颠覆国家政权及煽动颠覆国家政权罪逮捕的律师和公民们给予同样的仁慈。
本人将继续开展本人致力于的促成中国采纳民决团制度的工作,并看好有朝一日中国成为一个自由国家,尊重个人权利,实现法治。
基于对话的社会较基于冲突的社会优越。我希望中国能够宽容更多的歧见,以期使得政府及其治下的民众互惠互利。”
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