Liu Xiaobo’s Trial Concluded without Verdict and Liu Di Detained upon Her Giving up

(December 23, 2009, Beijing) Dr. Liu Xiaobo, China’s top dissident writer and the Honorary President of Independent Chinese PEN Center (ICPC), has been tried by the Beijing First Intermediate People’s Court the in the morning today. The trial started at 9:00 and lasted for more than 3 hours. Two lawyers of the defence attended the trial but have not allowed to disclose any details. The trial was concluded without giving a verdict, which may be announced on Friday, 25th of December, 2009.

Around 100 journalists were surrounded by the police near the court. It was reported that many of the activists have been restricted at home while others were blocked by the police when trying to go to the court. A few tens were said being detained. Most of them have been released shortly while Liu Di, a member of ICPC, has been still missing since someone saw her in a police car near the court. According to some of her friends, she had sent a statement to publish before she left home at 6:40 in the morning. According to her statement published, she had decided to give up to the police for complying with her promise to share responsibility with Liu Xiaobo.

The translation of her statement is presented below.

My Statement of Confession – Willing to Share Responsibility for Offence with Liu Xiaobo

By Liu Di

December 23, 2009, the day of Xiaobo’s trial

To: The Beijing First Intermediate People’s Court, the No. 1 Branch of Beijing Municipal People’s Procuratorate and the Beijing Municipal Public Security Bureau

I am Liu Di, also known as Stainless Steel Mouse on Internet.

Considering that the Beijing Municipal Public Security Bureau and the No. 1 Branch of Beijing Municipal People’s Procuratorate have completed the investigation and prosecution of Liu Xiaobo’s case of inciting subversion of state power and delivered to the Beijing First Intermediate People’s Court to be tried on December 23, considering that three organs mentioned above have taken Charter 08 as an important criminal evidence against Liu Xiaobo, and considering that I am one of the signatories and organizing plotters, I am now “giving up to confess” to you according to the paragraphs 3 and 4 of PRC Criminal Procedure Law. I declare the followings:

1) My “giving up to confess" does not mean that I agree that your allegations and trial against Liu Xiaobo is lawful and just. On the contrary, I believe that the Charter 08, which , Liu Xiaobo and other has drafted, organized, planned and signed, is an outstanding service to promote the country to constitutional democracy and benefit nation’s future and people’s welfare. I am honored and proud to have been in it.

2) Since you has accounted Mr. Liu Xiaobo’s launching of the Charter movement as a crime based on your special values, I must be an integral part of this case because I not only completely agree with the spiritual value of this document but also have been involved in its organizing, planning and operating activities. I should be an accomplice of Liu Xiaobo’s case. According to the principle of equality before law, you should take me as Liu Xiaobo’s accomplice to judge us together, but not make selective justice to leave out such an important criminal suspect as me.

3) As a judgment of values, a judicial trial should be examined by history. Czech Republic’s Charter 77 movement in 1977, Taiwan’s Formosa Incident in 1979, and China’s Charter 08 movement in 2008 are all the just acts of the people fighting for human rights, freedom and democracy. The former two campaigns have already been justified by history, and so will the latter. As judicial staff, you should bear in mind to safeguard the dignity of the Constitution. To safeguard the people’s constitutional rights is your bounden duty.

In 2003, I published an article, Worms of Persimmon Oil (liberals) surrendering to the Party and Government, condemning the authorities for violation of the citizens’ constitutional rights to freedom of expression, and so had been detained for one year on the charges cooked up by the Beijing Public Security Bureau. I have known well that losing freedom is a great pain of life, thus full of fear and boredom of imprisonment. However, for the dignity of Constitution and laws, and for no more imprisonment of the people in the future due to their free speeches and independent opinions, I would prefer to share with Mr. Liu Xiaobo the same case with the same penalty.

Liu Di, a Beijing resident

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The Independent Chinese PEN is among 145 member centers of the International PEN, the oldest human rights organization and international literary organization. It aims to protect Chinese writers’ freedom of speech and freedom to write worldwise and advocates for the rights of Chinese writers and journalists who are imprisoned, threatened, persecuted or harassed. For more information on ICPC’s work, please visit http://www.chinesepen.org. For more information, contact Dr. Yu Zhang Executive Secretary and WiPC Coordinator Independent Chinese PEN Center (ICPC) Tel: +46-8-50022792 Email: secretariat@chinesepen.org, yuzhang08@live.se

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我的自首书—愿与刘晓波共同承担罪责

刘荻

北京市第一中级人民法院:
北京市人民检察院第一分院:
北京市公安局:

我是刘荻,网名不锈钢老鼠。鉴于北京市公安局、北京市人民检察院第一分院完成了对刘晓波煽动颠覆国家政权案的侦查和起诉工作,并交付北京市第一中级人民法院于12月23日开庭审判,鉴于上述三个机关将《08宪章》作为刘晓波犯罪的重要证据,鉴于本人是08宪章的签名人和组织策划人之一,本人现根据《中华人民共和国刑事诉讼法》第 84条第4款、第3款,向你们“投案自首”。 本人声明如下:

第一、本人向你们“投案自首”,并不意味着本人认同你们对刘晓波的指控和审判是合法的和正义的,相反,本人认为,刘晓波等起草、组织、策划、签署《零八宪章》,是推动国家走向宪政民主、有功于民族未来和人民福祉的一件奇功伟业。本人能忝列其中,深感荣幸和自豪。

第二、既然你们根据特定的价值观,认定刘晓波先生发起宪章运动是一种犯罪,那么,本人就是这个案件的一个组成部分,因为本人不仅完全认同这个文件的思想价值,而且还参与了组织策划和运作活动,本人应属刘晓波的同案。根据法律面前人人平等的原则, 你们应该将本人与刘晓波同案同判,不应搞选择性司法,放过我这样的重要案 犯。

第三、司法审判作为一种价值评判,应该接受历史的检验。1977年的捷克七七宪章运动,1979年的台湾美丽岛事件与2008年的中国零八宪章运动,都是人民争人权、争自由、争民主的正义之举,前两次运动已经为历史所肯定,中国的08宪章运动也必将为历史所肯定。作为司法工作人员,应该牢记维护宪法的尊严,维护人民的宪法权利是你们的天职。

本人曾在2003年在网络上发表《柿油派网虫向党和政府投诚》的文章,谴责当局侵犯公民言论自由之宪法权利,被北京市公安局罗织罪名拘押一年。本人深知失去自由是人生极大的痛苦,对坐牢充满恐惧和厌烦。但是,为了宪法和法律的尊严,也为了未来的人们不再因为自由言论和独立主张而入狱,本人情愿与刘晓波先生共案同罚。

北京市民:刘荻
二00九年十二月二十三日于晓波案开庭日

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