STATE SECRETS: CHINA'S LEGAL LABYRINTH - HRIC
STATE SECRETS: CHINA'S LEGAL LABYRINTH - HRIC
STATE SECRETS: CHINA'S LEGAL LABYRINTH - HRIC
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C A S E S T O R Y<br />
Shi Tao<br />
26 HUMAN RIGHTS IN CHINA <strong>STATE</strong> <strong>SECRETS</strong>: CHINA’S <strong>LEGAL</strong> <strong>LABYRINTH</strong><br />
Shi Tao (师涛) was a freelance writer, journalist, and head of the news division<br />
at the daily Dangdai Shangbao (Contemporary Business News) in Changsha,<br />
Hunan Province. He had also written numerous essays for overseas Internet<br />
forums, including one entitled “The Most Disgusting Day,” in which he criti-<br />
cized the Chinese government for the March 28 detention of Ding Zilin, a<br />
Tiananmen Mothers activist whose son was killed during the 1989 democracy<br />
movement.<br />
On April 20, 2004, Shi attended a Dangdai Shangbao staff meeting in which<br />
the contents of a CPC Central Propaganda Bureau document about security<br />
concerns and preparation for the upcoming 15th anniversary of the June 4th<br />
crackdown were discussed. That evening, Shi used his personal Yahoo! e-mail<br />
account to send his notes about this meeting to the New York-based Web site,<br />
Democracy Forum. As a result, he was detained on November 24, 2004 and<br />
was tried for “illegally providing state secrets overseas” under Article 111 of<br />
the Criminal Law on April 27, 2005. Because the document was certified a<br />
“top secret” state secret, he was sentenced to ten years’ imprisonment.<br />
In his eloquent appeal, Shi wrote: “We give up our life and property in order<br />
for the government to ‘maintain secrecy,’ ordinary citizens become targets of<br />
punishment, the news media is surgically operated on, and the people’s ‘right<br />
to know’ is treated like a joke. And the government just goes on in its own<br />
way, making mistake after mistake. This is the greatest hidden danger of<br />
China’s stability work.” His appeal for a re-examination of the case was denied.<br />
In his brief for the appeal that he lost, Shi Tao described the harassment that<br />
can be leveled at journalists who circumvent the system of information con-<br />
trol. “[The government has] expended vast amounts of manpower, materials<br />
and financial resources on the long process of placing me under control and<br />
surveillance, tailing me, tapping my phone, and finally capturing me and<br />
throwing me into prison . . . it’s impossible for [my family and friends] to<br />
comprehend the tremendous psycholog-<br />
ical pressure that I’ve been under.<br />
Although being in prison is surely terri-<br />
ble, losing one’s sense of privacy and<br />
safety is even more terrifying.”<br />
Information on the above case is taken<br />
from <strong>HRIC</strong>’s human rights database.<br />
See also “Case Highlight: Shi Tao and<br />
Yahoo!” on <strong>HRIC</strong>'s website.<br />
Shi Tao