Gao Zhisheng
(born 20 April 1964) is a Chinese
human rights attorney and
dissident
A dissident is a person who actively challenges an established Political system, political or Organized religion, religious system, doctrine, belief, policy, or institution. In a religious context, the word has been used since the 18th century, and ...
known for defending activists and religious minorities and documenting
human rights abuses in China
Human rights in mainland China are periodically reviewed by the United Nations Human Rights Committee (UNHRC), on which the Chinese Communist Party (CCP), Government of China, government of the People's Republic of China (PRC) and various fore ...
. Because of his work, Zhisheng has been
disbar
Disbarment, also known as striking off, is the removal of a lawyer from a bar association or the practice of law, thus revoking their law license or admission to practice law. Disbarment is usually a punishment for unethical or criminal con ...
red and detained by the
Chinese government
The Government of the People's Republic of China () is an authoritarian political system in the People's Republic of China under the exclusive political leadership of the Chinese Communist Party (CCP). It consists of legislative, executive, mili ...
several times, and severely tortured. He last disappeared in February 2009 and was unofficially detained until December 2011, when it was announced that he has now been imprisoned for three years. His commitment to defending his clients is influenced by his
Christian beliefs
Christianity is an Abrahamic religions, Abrahamic Monotheism, monotheistic religion based on the Life of Jesus in the New Testament, life and Teachings of Jesus, teachings of Jesus, Jesus of Nazareth. It is the Major religious groups, world's ...
and their tenets on morality and compassion.
[Finney, Richard and Ding Xiao (4 September 2007) "China's Urban Christians an Unknown Quantity For Beijing", Radio Free Asia. Retrieved 7 October 2007]
Gao's memoir, ''A China More Just'' (2007), documents his "fight as a rights lawyer in the world's largest communist state." In subsequent writing, he accuses the ruling
Chinese Communist Party
The Chinese Communist Party (CCP), officially the Communist Party of China (CPC), is the founding and One-party state, sole ruling party of the China, People's Republic of China (PRC). Under the leadership of Mao Zedong, the CCP emerged victoriou ...
of
state-sponsored torture and reports having been tortured by the
Chinese secret police. He
disappeared
An enforced disappearance (or forced disappearance) is the secret abduction or imprisonment of a person by a state or political organization, or by a third party with the authorization, support, or acquiescence of a state or political organi ...
in February 2009. At the beginning of 2012, Gao's brother said he had received a court document saying his brother was in
Shayar jail in Xinjiang. In 2014, it was reported that Zhisheng was released from jail and put under house arrest. He disappeared again in August 2017 in an apparent attempt to escape house arrest and was subsequently taken back into custody on his recapture in September.
Background
Gao was born and grew up in a house in
Shaanxi Province
Shaanxi (alternatively Shensi, see § Name) is a landlocked province of China. Officially part of Northwest China, it borders the province-level divisions of Shanxi (NE, E), Henan (E), Hubei (SE), Chongqing (S), Sichuan (SW), Gansu (W), Ningx ...
with six siblings; his father died at the age of 40,
when Zhisheng was 11.
He briefly worked in a coal mine.
[
With his family not being able to afford elementary school, Gao said he sat listening outside the classroom window. Later, an uncle helped him attend secondary school, after which he qualified to join the ]People's Liberation Army
The People's Liberation Army (PLA) is the principal military force of the People's Republic of China and the armed wing of the Chinese Communist Party (CCP). The PLA consists of five service branches: the Ground Force, Navy, Air Force, ...
.[ His unit was stationed at a base in Kashgar, in Xinjiang region, and he became a member of the ]Chinese Communist Party
The Chinese Communist Party (CCP), officially the Communist Party of China (CPC), is the founding and One-party state, sole ruling party of the China, People's Republic of China (PRC). Under the leadership of Mao Zedong, the CCP emerged victoriou ...
(CCP). Later, he left the PLA and began working as a food vendor. In 1991, inspired by a newspaper article that mentioned a plan by Deng Xiaoping
Deng Xiaoping (22 August 1904 – 19 February 1997) was a Chinese revolutionary leader, military commander and statesman who served as the paramount leader of the People's Republic of China (PRC) from December 1978 to November 1989. After CC ...
, then China's paramount leader, to train 150,000 new lawyers and develop the Chinese legal system, he took a course in law. Gao credited his excellent memory of titles and clauses for passing all his exams; he passed the bar in 1995.[
]
Early career
In 1989, the legislature passed the Administrative Procedure Law, which gave Chinese citizens the right to sue state agencies for the first time. In the 1990s, Gao represented the family of a Xinjiang boy who became comatose after a doctor erroneously gave him ethanol
Ethanol (abbr. EtOH; also called ethyl alcohol, grain alcohol, drinking alcohol, or simply alcohol) is an organic compound. It is an Alcohol (chemistry), alcohol with the chemical formula . Its formula can be also written as or (an ethyl ...
intravenously; Gao won $100,000 in damages for a boy who had lost his hearing in another malpractice
In the law of torts, malpractice, also known as professional negligence, is an "instance of negligence or incompetence on the part of a professional".Malpractice definition,
Professionals who may become the subject of malpractice actions inc ...
case.[ He acted on behalf of a private businessman who had taken control of and redressed a troubled state-owned company when the district government used force to reclaim it after it became profitable. The case went to the Supreme Court, with a verdict in favour of the businessman; however, according to Gao, he has been a victim of reprisals from Xinjiang leaders, who warned clients and court officials to shun him.][
]
Zhi Sheng Law Firm
Gao was director, founder of the Beijing-based Zhi Sheng Law Firm, having moved to Beijing in 2000. In 2001, he was recognized by China's Ministry of Justice as "one of the country’s 10 best lawyers" for his work in defending victims of medical malpractice and fighting for just compensation for dispossessed landowners. Over the following years, he defended a wide range of clients who had been victims of injustice. Gao's committed involvement with such cases, he says, is strongly bound with the emphasis of his Christian identity on morality and compassion. One significant case he spearheaded was for fair compensation for a client whose home was expropriated for a building project connected with the 2008 Summer Olympics
The 2008 Summer Olympics (), officially the Games of the XXIX Olympiad () and also known as Beijing 2008 (), were an international multisport event held from 8 to 24 August 2008, in Beijing, China. A total of 10,942 athletes from 204 Na ...
. However, Gao cites an internal document drafted by the central government he had read that instructed all district courts to reject cases involving such land disputes, which he said was "blatantly illegal", but which "every court in Beijing blindly obeyed."[ Other cases include:
* a land dispute case against Taishi village officials
* a class-action lawsuit against local authorities over coercion in implementation of China's family planning policies
* winning a case for six factory workers from ]Guangdong
Guangdong (, ), alternatively romanized as Canton or Kwangtung, is a coastal province in South China on the north shore of the South China Sea. The capital of the province is Guangzhou. With a population of 126.01 million (as of 2020) ...
province who had been detained for protesting exploitation by their employer.
* appealing the sentence of Zheng Yichun Zheng may refer to:
*Zheng (surname), Chinese surname (鄭, 郑, ''Zhèng'')
*Zheng County, former name of Zhengzhou, capital of Henan, China
* Guzheng (), a Chinese zither with bridges
*Qin Shi Huang (259 BC – 210 BC), emperor of the Qin Dynasty ...
, a journalist and former professor who was sentenced to seven years' imprisonment for his on-line writings
* providing legal assistance to Falun Gong
Falun Gong (, ) or Falun Dafa (; literally, "Dharma Wheel Practice" or "Law Wheel Practice") is a new religious movement.Junker, Andrew. 2019. ''Becoming Activists in Global China: Social Movements in the Chinese Diaspora'', pp. 23–24, 33, 119 ...
practitioners, including Huang Wei, who was illegally sentenced to three years of re-education through labor
Re-education through labor (RTL; ), abbreviated ''laojiao'' () was a system of administrative detention on Mainland China. Active from 1957 to 2013, the system was used to detain persons who were accused of committing minor crimes such as pet ...
in Shijiazhuang
Shijiazhuang (; ; Mandarin: ), formerly known as Shimen and romanized as Shihkiachwang, is the capital and most populous city of China’s North China's Hebei Province. Administratively a prefecture-level city, it is about southwest of Beijin ...
.
* providing legal help for an unofficial Chinese house church pastor Cai Zhuohua
Cai Zhuohua () is a Beijing minister active in the Chinese house church movement. He was arrested on 11 September 2004 for printing bibles
The Bible (from Koine Greek , , 'the books') is a collection of religious texts or scriptures that ...
, who was sentenced to three years in prison for printing and distributing copies of the Bible.
Following the Beijing land compensation case, he entered what was to become a protracted battle over several hundred acres of farmland that Guangdong Province had seized to construct a university. Although Gao met with many legal impediments, he took his campaign to the people. He publicly accused Guangdong officials of "brazen murderous schemes", which stoked public anger and helped his clients obtain more generous compensation.[ In the summer of 2005, Gao defended fellow lawyer-activist Zhu Jiuhu, who was accused of "disturbing public order" while representing private investors in oil wells that were seized by the government in Shaanxi. He secured Zhu's release several months later through an intensive publicity campaign, although Zhu was barred from practicing law.][ The Beijing Judicial Bureau has prohibited him from acting in certain cases and clients, including Falun Gong, the Shaanxi oil case and an incident of political unrest in Taishi village in Guangdong. He refused to drop any of them, arguing that the bureau had no legal authority to dictate what cases he accepts or rejects.][
In 2005, he resigned from the Communist Party.][ Shortly after sending an open letter to the PRC leadership that accused the government of running extrajudicial "brainwashing base(s)" for dealing with Falun Gong practitioners, he received a visit from State Security agents. Gao's family was put under 24-hour police surveillance in the autumn of 2005. On 4 November, shortly after being warned to retract a second open letter he had written about his Falun Gong cases, Gao received a new summons from the judicial bureau accusing him of a "serious violation of the Law on Managing the Registration of Law Firms" for failing to promptly register a new business address following a move. He was ordered to suspend operations for a year.][ On appeal in late November, the bureau demanded that Gao hand over his personal law license as well as his firm's operating permit by 14 December, threatening use of force if he failed to comply; at that time, Gao had eluded being tailed by Security, and went to north-east China to take statements from Falun Gong practitioners who alleged torture at the hands of security forces.][
]
Detentions
Amnesty International
Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says it has more than ten million members and sup ...
alleged on 17 January 2006 that Gao narrowly escaped an assassination attempt, planned as a traffic accident ordered by Chinese secret police. On 4 February 2006, Gao, together with Hu Jia and other activists, launched a "Relay Hunger Strike for Human Rights," whereby different activists and citizens fasted for 24 hours in rotation. The hunger strike
A hunger strike is a method of non-violent resistance in which participants fast as an act of political protest, or to provoke a feeling of guilt in others, usually with the objective to achieve a specific goal, such as a policy change. Most ...
was joined by people in 29 provinces, as well as overseas, though several participants were arrested for joining.
On 15 August 2006, after numerous death threats and continued harassment, Gao disappeared while visiting his sister's family. On 21 September 2006, he was officially arrested. On 22 December 2006, Gao was convicted of "subversion", and was sentenced to three years in prison, suspended, and placed on probation for five years. The sentence also deprived him of his political rights – the freedom to publish or speak out against the government – for one year. He had publicly confessed to a number of errors. On his liberation, Gao recanted his confession and described torture he said he experienced[Torture Account by Missing Rights Defense Lawyer Gao Zhisheng]
, Human Rights in China, 8 February 2009 during his 54 days[AFP (26 January 2010]
, AsiaOne in custody. He also said his captors threatened he would be killed if he spoke publicly about the matter.[ In chapter 6 of his memoirs written in 2006, Gao criticised the CCP for employing "the most savage, most immoral, and most illegal means to torture our mothers, torture our wives, torture our children, and torture our brothers and sisters…". He formally renounced his membership of "this inhumane, unjust, and evil Party", declaring it "the proudest day of my life."]["Memoir of Top Chinese Lawyer Published as His Whereabouts Unknown"]
Broad Press USA (25 October 2007) Retrieved on 8 October 2008.
The American Board of Trial Advocates selected Gao to receive the prestigious Courageous Advocacy Award; they had invited him to receive the award personally in Santa Barbara, California on 30 June 2007.
In the fall of 2007, Gao's memoir '' A China More Just'' was published in English in the United States.
On 22 September 2007, after writing open letters to vice-president of the European Parliament
The European Parliament (EP) is one of the legislative bodies of the European Union and one of its seven institutions. Together with the Council of the European Union (known as the Council and informally as the Council of Ministers), it adopts ...
, Edward McMillan-Scott, and then to US Congress calling for a boycott of the Olympics, Gao was once again taken away from his home, where he had been under house arrest, by Chinese secret police. A letter from Gao claimed that he endured ten days of torture that involved appalling beatings, abuse with electric batons, and the insertion of toothpicks into his genitalia, followed by weeks of emotional torture. Gao wrote that his torturers said his case had become personal with 'uncles' in the state security apparatus after he had repeatedly publicised previous mistreatment.[
]
Conversion to Christianity
According to his own statements, Gao first read the Bible while handling the legal defense of Pastor Cai Zhuohua
Cai Zhuohua () is a Beijing minister active in the Chinese house church movement. He was arrested on 11 September 2004 for printing bibles
The Bible (from Koine Greek , , 'the books') is a collection of religious texts or scriptures that ...
, who was charged with "illegal business practices" in 2004 for possessing Bibles. It made no great impression on him, but later, when persecuted by the authorities, he found help from God and "join dthe brotherhood of Christians". In 2006, he experienced the first vision from God.
Disappearances
In February 2009, Gao was taken away for interrogation by Chinese security agents[ and had not been seen until][ he resurfaced in Shanxi in March 2010. One month prior to his disappearance, Gao's wife and two children escaped China with the help of underground religious adherents. They arrived in the United States and were granted ]right of asylum
The right of asylum (sometimes called right of political asylum; ) is an ancient juridical concept, under which people persecuted by their own rulers might be protected by another sovereign authority, like a second country or another enti ...
ten days later. During his disappearance, in response to queries from his family about his whereabouts, police claimed he lost his way and went missing in September 2009. For several months, Gao was not charged, and the Government never acknowledged his whereabouts, nor their involvement in his disappearance. His last contact with friends or family was one phone call placed to his brother in July 2009.[Garnaut, John (20 January 2010]
Tip reveals detained lawyer alive but location remains a mystery
/ref>
In January 2010, Gao's brother, Gao Zhiyi, told an interviewer that the Beijing police told him that Gao "lost his way and went missing" on 25 September 2009, igniting fears that Gao was no longer alive. On 21 January 2010, a Chinese Foreign Ministry spokesman issued a cryptic statement that Gao was "where he should be," and said he did not know Gao's whereabouts at a later press conference.[ During the visit to China by David Miliband in March, the Chinese foreign minister, Yang Jiechi, said that Gao had been sentenced on subversion charges, but denied he had been tortured.
On 28 March 2010 Gao was found to be living near ]Wutai Mountain
Mount Wutai, also known by its Chinese name Wutaishan and as is a sacred Buddhist site at the headwaters of the Qingshui in Shanxi Province, China. Its central area is surrounded by a cluster of flat-topped peaks roughly corresponding to the ...
. Addressing a reporter by telephone, he said he was not in a position to be interviewed, but confirmed he had been sentenced and freed. A few days later, he met the media, appearing thinner and more subdued than in the past and said that he had abandoned his criticism of the government in the hope of reuniting with his wife and two children. He announced that over the previous year he had again been tortured, in ways that were even worse than before.[China rights lawyer quits activism]
, RTHK, 8 April 2010
In April 2010, Gao's family reported they had not heard from him since he returned from a visit to Xinjiang 10 days previously. Gao had left Beijing to visit his in-laws in Ürümqi, carrying just a backpack between 9 and 12 April. Gao's father-in-law said Gao arrived at his house in the company of four police officers, spent just one night there before once again being taken away by police. His father-in-law called a friend of his in Beijing on 21 April to say Gao was to board a plane at 4.30 p.m. He said Gao had promised to call after returning home, but there was no word. Emily Lau
Emily may refer to:
* Emily (given name), including a list of people with the name
Music
* "Emily" (1964 song), title song by Johnny Mandel and Johnny Mercer to the film ''The Americanization of Emily''
* "Emily" (Dave Koz song), a 1990 song ...
and Albert Ho
Albert Ho Chun-yan (; born 1 December 1951) is a solicitor and politician in Hong Kong. He is the former chairman (2014–2019) and vice-chair (2019–2021) of the Hong Kong Alliance in Support of Patriotic Democratic Movements of China, and f ...
said Gao's disappearance "prov dthat justice and the rule of law is disappearing in communist China – if it ever existed at all".
The report of Gao's 2010 disappearance and detention was considered by the United Nations Working Group on Arbitrary Detention The Working Group on Arbitrary Detention (WGAD) is a body of independent human rights experts that investigate cases of arbitrary arrest and detention. Arbitrary arrest and detention is the imprisonment or detainment of an individual, by a State, wi ...
which, in March 2011, called for his release. After months of speculation as to his status and whereabouts, Xinhua reported in December 2011 that Gao had been jailed for three years by No. 1 Beijing Intermediate People's Court because he "had seriously violated probation rules for a number of times, which led to the court decision to withdraw the probation." According to his brother, Gao was being held in a jail in Xayar County
Xayar County,, United States National Geospatial-Intelligence Agency also Shayar County or, from Mandarin Chinese, Shaya, is a county in the Xinjiang Uyghur Autonomous Region and is under the administration of the Aqsu Prefecture. It contains a ...
, Xinjiang province.["China dissident lawyer Gao Zhisheng 'in Xinjiang jail'"]
BBC News. 2 January 2012.
Gao was released from jail on 7 August 2014 and was subsequently kept under house arrest
In justice and law, house arrest (also called home confinement, home detention, or, in modern times, electronic monitoring) is a measure by which a person is confined by the authorities to their residence. Travel is usually restricted, if all ...
. Having been fed with a slice of bread and a piece of cabbage daily, he was released in bad health, but medical access was denied. Gao escaped from house arrest on 13 August 2017, spending around three weeks on the run before his recapture by the Chinese authorities the following month and remaining incommunicado for at least a year thereafter.
Gao Zhisheng is currently subject to enforced disappearance. No information about his whereabouts has been available since he was taken on 13 August 2017, and his whereabouts were still unknown .
See also
* Kai fang
*Weiquan movement
The Weiquan movement is a non-centralized group of lawyers, legal experts, and intellectuals in China who seek to protect and defend the civil rights of the citizenry through litigation and legal activism. The movement, which began in the early ...
* Transcending Fear
English pronunciation of Gao Zhisheng of China from (Voice_of_America)
References
External links
高智晟网站
Gao's supporters' website in Chinese
Gao Zhisheng
Gao's supporters' website in English
China Aid Association – Free Gao Campaign
Amnesty International 2008 Report
states that ''Gao Zhisheng'' was tortured in the government's custody.
The German Gao Zhisheng Website
Gao Zhisheng
at ''Radio Free China''
Official website of ''Transcending Fear: The Story of Gao Zhisheng'' - a 2013 documentary film about the life of this Chinese human rights lawyer
''A China More Just: My Fight as a Rights Lawyer in the World's Largest Communist State'' by Gao Zhisheng
- Book reviews at Goodreads
Goodreads is an American social cataloging website and a subsidiary of Amazon that allows individuals to search its database of books, annotations, quotes, and reviews. Users can sign up and register books to generate library catalogs and read ...
{{DEFAULTSORT:Gao, Zhisheng
1966 births
Chinese Christians
Chinese dissidents
Chinese activists
Chinese soldiers
Chinese human rights activists
Chinese prisoners and detainees
Living people
Prisoners and detainees of the People's Republic of China
Chinese torture victims
Weiquan movement
20th-century Chinese lawyers
21st-century Chinese lawyers
Chinese autobiographers
People's Republic of China writers
Writers from Yulin, Shaanxi