高智晟（1966年－），陕西人。中国律师，曾处理多宗民众维权案件，多次控告地方政府，并多次上书中国政府高层，要求改变对法轮功等群体的非法处理手段。根据中国海外的诸多媒体报道及高智晟的专访，他曾多次被中国官方机构或组织以黑社会手段骚扰、迫害。
维权经历
高智晟分别在2004年12月31日[3]、2005年10月18日[4]、2005年12月13日[5]三次上书中国当局，陈述了法轮功人士合法权利没有得到保障、相关处罚不有依据程序、被剥夺司法求助的现况，并要求有关当局改变这一现况。
高智晟所在的高智晟律师事务所于2005年被中国当局勒令停业一年，在这段时间前后，中国当局派遣人员对其进行跟踪、限制人身自由。
2006年高智晟就太石村事件及汕尾事件等，发起维权接力绝食。
苏家屯事件曝光后，高智晟公开表示要参与调查苏家屯事件的真相。
[编辑] 被捕判罪
2006年8月15日，高智晟于山东其姐家中被中国当局人员秘密拘捕[6]。至9月21日，中国当局以"煽动颠覆国家政权罪"将高正式拘捕。被捕后，高的家人人身受到当局的严密控制，阻断了与外界的正常通讯，甚至对高的妻子实施殴打[7]。
12月12日，高智晟一案在没有通知其家人、其辩护律师没有到庭的情况下，于当天上午在北京第一中级人民法院"开庭审理"。受高智晟的亲属委托的莫少平律师认为法院的做法有数处违法[8]：
- 法院曾告知莫少平律师，高智晟拒绝任何人为他辩护，却在庭审时给他指定了两名辩护律师。
- 高智晟被捕后，中国当局一直拒绝其律师或家人会见当事人，因而非法剥夺了高智晟在侦察阶段获得律师帮助的权利。
高智晟一案引起了国际上的广泛关注。2006年12月14日，美国国务院发表声明称，已注意到有关高志晟家人及律师未被允许出席庭讯的报道，正进一步了解情况。[9]12月21日，北京市第一中级人民法院作出一审判决：以煽动颠覆国家政权罪判处高智晟有期徒刑三年，缓刑五年，剥夺政治权利一年。
[编辑] 近况
2009年2月4日，高智晟在陕西的家中被警察带走[10]后，至今下落不明，引起国际社会关注[11]。
2009年2月9日，网上流传出《黑夜、黑头套、黑帮绑架----高智晟律师自述遭绑架经历》[12]一文。文章署名高智晟，自称遭受秘密警察的电击、竹签捅生殖器等各种酷刑。引起美国、法国、德国等各国媒体关注。[13] [14] [15] 后获得高智晟妻子耿和证实，确是高本人所写。[16]
2009年7月，美国得州基督教团体对华援助协会收集了10万人的签名，要求中国释放高智晟。[17]
[编辑] 相关声音
据高向胡佳的叙述，从2006年8月15日被秘密暴力绑架起至12月22日被审判止，他总共被关押时间是129天。其中被拷住双手的时间是600小时；被固定在特制的铁椅上的时间是590多小时；被左右双向强光灯照射的时间为590多小时。129天里，被强制盘腿坐在地板上反思罪过的时间是800小时左右；被强制擦铺板的次数为385次。这些都是他们交由同监室的犯人来强制执行的。[18]
同时高透露，从2006年2月起，由中央政法委指令成立了一个由公检法、安全等部门组成的专案组，每个星期一召开一次例会，每次例会都由中央政法委主持，汇总有涉高智晟案件的国内外情报以及最新所谓的 "敌情动态"，发布最新指示。说这个专案组并不因为高智晟的判刑就停止运作，还将长期运作下去，要尽一切资源和手段遏制高智晟一家，说决不允许高智晟的问题成为一个长期的问题。[1]
Gao Zhisheng (Chinese: 高智晟, b. 1966) is a Chinese army veteran and self-taught lawyer who was disbarred, detained, and tortured by the Chinese secret police after taking on human rights cases. These included defending fellow activists, and religious minorities like Falun Gong and Chinese underground Christians. In 2006, he authored a memoir on his life and work, the English translation of which, A China More Just, was subsequently published in 2007.[1] He was a candidate for the 2008 Nobel Peace Prize.[2] Gao went missing February 4, 2009.
Mr. Gao was born and raised in poverty in a cave dwelling in Shanxi Province with six siblings. He briefly worked in a coal mine and then joined the People's Liberation Army, was stationed at a base in Kashgar, in Xinjiang region, and became a member of the Chinese Communist Party.[3]
After being discharged, he took a self-taught course on the law and passed the bar exam in 1995. Taking one third of his cases pro-bono, he became known after winning a $100,000 medical malpractice suit in 1999. During his time in Xinjiang, he won a lawsuit for an entrepreneur whose business local officials reclaimed after he had revived it following privatization. Despite winning the case, Gao was forced to leave Xinjiang because harassment by local officials made his legal practice impossible.[4] In 2000, he moved to Beijing and established the Shengzhi Law Office with a half dozen other lawyers.
In 2001, he was voted as one of the 10 Best Lawyers in China, because of his professionalism and integrity, often helping poor people without fees to sue local Chinese government branches and officials.
In December 2005, he quit the Chinese Communist Party.[5] "This [Chinese Communist] Party has employed 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…Today, I, Gao Zhisheng… formally withdraw from this inhumane, unjust, and evil Party. This is the proudest day of my life."
Since Gao's disappearance, his wife and two children have been granted asylum in the United States, according to human rights activists.[6]
Shengzhi law office cases
- A land dispute case against Taishi village officials
- A class-action law suit against local authorities over coercion in implementation of China's family planning policies
- Won a case for six factory workers from Guangdon province who had been detained for protesting exploitation by their employer.[7]
- Appealed the sentence of Zheng Yichun, a journalist and former professor who was sentenced to seven years imprisonment in September for his on-line writings
- Provided legal help for Falun Gong practitioners, including Huang Wei, who was illegally sentenced to three years of re-education through labor in Shijiazhuang.[8]
- Provided legal help for an illegal Chinese house church pastor Cai Zhuohua, who was sentenced to three years in prison for printing and distributing copies of the Bible.[9]
[edit] Targeted and harassed by Chinese secret police
Gao was director, founder, and star litigator of the Beijing-based Shengzhi Law Office. In 2001, he was recognised by China's Ministry of Justice as "one of the country's 10 best lawyers". 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.[10]
In 2004, he defended a Falun Gong practitioner who had been illegally persecuted and sentenced without trial to a labor camp. Upon finding that judges refused to hear the case because of "orders from above," he resorted to writing a letter to the National People's Congress.[11] Gao and his family's ordeal started, he says, when his conscience led him to start investigating the persecution of Falun Gong, and subsequently write three open letters to top Chinese officials.
On October 18, 2005, Gao wrote an open letter to Hu Jintao and Wen Jiabao urging them to end the persecution of Falun Gong practitioners, detailing a wide range of abuses they suffer in custody, including torture, sexual torture, beatings, and executions.[12] His criticism of China's human rights situation was remarkable because he lived openly in Beijing, where he was vulnerable for retribution.
Within days of sending the letter and his family were put under 24-hour police surveillance. In early November, his law firm was shut down and soon after his license to practice law suspended.
Amnesty International says "The closure comes shortly after the firm's director sent an open letter to the Chinese President Hu Jintao and Premier Wen Jiabao urging them to end the "barbaric" persecution of Falun Gong practitioners in China. It is believed that the closure of the firm is closely linked with this letter. [...] Amnesty International is concerned that this suspension will severely undercut the work of human rights activists in the country."
Gao gave an interview from Dagens Nyheter on 27 February 2006 about his experience with Chinese security forces. At least eight police officers shadowed him and his family, including following his teenage daughter to school.
Later in November, Gao traveled to northeast China with professor of journalism Jiao Guobiao, and spent two weeks interviewing Falun Gong practitioners, investigating the torture they had suffered. Upon his return, he published another open letter to China's top leaders, detailing what he had found.
"In this letter, I will not circumvent any of the real problems I saw, even if this means I may be arrested as soon as this is published," he wrote. "With a trembling heart and a trembling pen, I am now writing down the tragic experiences of those who have been persecuted in the last six years [since the regime began persecuting Falun Gong practitioners]… Almost all who have been persecuted, be they male or female, were stripped naked before being tortured…"[13]
On January 17, 2006, according to Amnesty International, Mr. Gao narrowly escaped an alleged assassination attempt, in the form of a traffic accident ordered by Chinese secret police.[9] This came in the wake of the release of Gao's research reports on the persecution of Falun Gong in mainland China, his subsequent resignation of CCP membership, and a meeting with Dr. Manfred Nowak, the UN Special Rapporteur on Torture.
On February 4, 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 was joined by people in 29 provinces, as well as overseas, though several participants were arrested for joining.[14]
On August 15, 2006, after numerous death threats and continued harassment, while visiting his sister's family, Mr. Gao was abducted by the Chinese secret police without any legal proceedings.
On September 21, 2006, he was "officially" arrested. On October 13, his family-appointed lawyer, Mo Shaoping, said that Mr. Gao was suspected of "inciting subversion."[15]
On December 22, 2006, Mr. Gao was convicted of "subversion." He was sentenced to three years in prison, which was suspended, and placed on probation for five years. The sentence also deprives him of his political rights - the freedom to publish or speak out against the government - for one year.
On June 2, 2007, Gao was beaten by a national security officer after he complained about officers assaulting his wife.
On June 24, 2007, Gao was kidnapped by the Chinese government in order to prevent him from attending an award ceremony in the United States. The American Board of Trial Advocates selected Gao to receive the prestigious Courageous Advocacy Award; they wished to present the award to Gao personally in Santa Barbara, California on June 30, 2007.
In the fall of 2007, Gao's memoir A China More Just was published in English in the United States.[16]
On September 22, 2007, after writing open letters to Vice-President of the European Parliament, Edward McMillan-Scott, with whom he maintained contact, and then to US Congress calling for a boycott of the Olympics,[17] Gao was secretly taken away once again by Chinese secret police. In August 2008 reports surfaced that he had been tortured for close to two months in the same way that Falun Gong practitioners are tortured, where authorities attempted to force him to denounce Falun Gong, that had attempted to commit suicide, and that had been removed from Beijing during the Olympic games.
In the early morning of February 4, 2009 Zhisheng has been taken away by the security police from his home in Shaanxi. He has been missing ever since.[18][19]
[edit] Tortured for 50 days
On February 9, 2009 China Aid.com issued a press release detailing severe torture conducted by Chinese secret police on Gao Zhisheng that lasted more than 50 days, as described in his open letter written on November 28, 2007 and made public on February 9, 2009.
[edit] Quoted sentences from Gao's open letter
- Of course, these words will inevitably bring slight uneasiness or even slight embarrassment to those "good friends and partners" of the Chinese Communist Party (CCP) the world over-if these "good friends and partners" still have any trace of reverence to ethics and the value of human conscience.
- "Gao Zhisheng! You mother f******! Your date with death is today! Bros! Let's show the bastard how brutal we can get. Kill the bastard." A leader (I gathered) of the group screamed. Then, four men with electric batons started to beat my head and body with ferocity. Nothing but the noise of the beating and my stressed moaning could be heard in the room. I was beaten so severely that my whole body began shaking uncontrollably on the floor.
- "Come on guys! Serve the second course for the bastard!" Wang said. All four electric batons started to shock me all over my body at once. All my internal organs and muscles began jumping under my skin uncontrollably, as if they all wanted to escape from these shocks. I was rolling all over the floor in horrific pain. When Wang started to shock my genitals, I begged him to stop. My begging only invited obscene laughers and more maddening torture. Wang shocked my genitals four times while shouting loudly.[20]
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