Xu Zhiyong

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Detained Since: February 15, 2020

Charges: "Subversion of state power," carrying a life sentence in prison (January 2021); Xu was previously charged with "inciting subversion of state power" (June 2020).

Sentence: 14 years in prison.

Biography: Xu Zhiyong is a Chinese writer, legal scholar, and civil rights activist who has been an integral member of China's most important civil rights movements over the last 20 years. Alongside his civil rights advocacy, he is well known for his series of online essays concerning contemporary social issues in China.

Amid news of a spike in detentions of other associated civil rights activists, Xu Zhiyong went into hiding in December 2019. For two months, he traveled to numerous locations and took measures to cover any trace his movement left—Xu threw away his mobile phone, was careful in accessing the internet, and did not share his whereabouts. Despite his low profile, Xu continued to write online about his views on President Xi Jinping's and the Chinese Communist Party's leadership during the novel Coronavirus pandemic. On February 4, 2020, his essay "Dear Chairman Xi, It's Time for You to Go" was published online. He arrived at lawyer and former Chinese prosecutor Yang Bin's home on Seagull Island in Guangzhou just a few weeks before he was ultimately detained, on February 15, 2020. Reports say that Xu was apprehended in a "coronavirus prevention check" at Yang Bin's home, when Yang's household was taken in for questioning and released after 24 hours, with the exception of Xu. Reports also detail that Li Qiaochu, Xu's girlfriend, heard from police that Xu was identified by facial recognition cameras in Xiamen, the city where he and other activists convened in December 2019. For four months, Xu was held in an undisclosed location under residential surveillance in a designated location, a form of enforced disappearance. He was finally charged with inciting subversion against state power in June 2020 and transferred to Linshu County Detention Center.

Officials have reportedly tortured Xu while in prison, and have attempted to silence Xu's girlfriend and partner, Li Qiaochu, who has spoken publicly of the reported torture and filed a complaint against Linshu County Detention Center for their mistreatment of Xu. Hours after she posted her complaint on Twitter in February 2021, she was detained and has since been held on the charge of "inciting subversion of state power." After Xu's initial 2020 apprehension, Li had also been detained in "residential surveillance in a designated location" for four months.

In January 2021, Chinese officials upgraded the charge of "inciting subversion of state power" to "subversion of state power," increasing the maximum sentence for Xu from 15 years to life in prison, if convicted. In August 2021, Xu's lawyers were informed that he had been formally indicted for 'subversion of state power,' bringing his case closer to trial.

Xu Zhiyong has received international support in the form of awards from PEN America and recognition of his legal advocacy by Foreign Policy. PEN America selected Xu for the 2020 PEN/Barbey Freedom to Write Award, honoring him as a writer imprisoned for his free expression. In 2013, Foreign Policy recognized Xu Zhiyong by naming him one of 100 Global Thinkers for "promoting people power as an antidote to corruption."

Advocate: Sen. Ed Markey (D-MA)

Advocacy Partner: PEN America

Updates:

• Fellow activists have expressed concern over Zhiyong's health, as he has not been allowed visitors during pre-trial detainment (December 12, 2022, RFA).
• During the 38th EU-China Human Rights Dialogue the European Union called on China to immediately release multiple prisoners of conscience including Xu Zhiyong, Ilham Tohti, Gao Zhisheng, John Cao, Wang Yi, and Wang Bingzhang (February 17, 2023, European External Action Service).
• In advance of his trial on April 10, 2023, Xu Zhiyong had his prepared court statement published in online publications (April 9, 2023, China Change).
• On April 10, 2023 Xu Zhiyong and fellow human rights activist Ding Jiaxi were sentenced in a closed door trial to 14 years in prison and 12 years in prison, respectively. Following the trial, human rights organizations including Human Rights Watch, Amnesty International, Reporters Without Borders, and PEN America condemned the sentence (April 10, 2023, Human Rights Watch; Amnesty International; Reporters Without Borders; PEN America).
• Following the announcement of Xu Zhiyong and Ding Jiaxi's sentencing, UN Human Rights Chief Volker Türk stated that he was "very concerned" about the sentences and that he would "follow up on these cases with the authorities" (April 10, 2023, OHCHR).
• In response to the sentencing of Xu Zhiyong and Ding Jiaxi, the US Department of State released a statement on April 11, 2023 calling for their release (April 11, 2023, US Department of State). The Chair and Rankng Member of the Select Committee on the Chinese Communist Party in the U.S. House of Representatives also released a statement calling for their release that same day (April 11, 2023, Select Committee on the Chinese Communist Party).
• In response to the sentencing of Xu Zhiyong and Ding Jiaxi op-eds regarding the cases were published in multiple publications including the Washington Post and the Diplomat (April 12, 2023, Washington Post; April 10, 2023, The Diplomat).
• A previously written statement by Xu Zhiyong on the charges against him was made available on April 13, 2023, after his sentencing (May 1, 2023, China Digital Times).
• Human Rights Watch Senior China Researcher Yaqiu Wang highlighted Xu Zhiyong's case during her testimony at the U.S. House of Representatives Committee on Foreign Affairs hearing "China’s Political Prisoners: Where’s Gao Zhisheng?" (April 20, 2023, House Committee on Foreign Affairs).
• In June 2023, Xu Zhiyong called on the people of China to join him in a one day fast on June 4 in honor of the anniversary of the Tiananmen Square Massacre (June 1, 2023, Radio Free Asia).
• Prior to Secretary of State Antony Blinken's June 2023 visit to China, 42 human rights organizations submitted a joint letter to Secretary Blinken which called for him to raise the human rights situation in the country with officials during his visit and to push for the release of Xu Zhiyong, Ilham Tohti, and Gao Zhisheng (June 14, 2023, Human Rights Watch).
• On July 10, 2023, 36 human rights organizations, four bar associations, and numerous scholars and Chinese human rights defenders released a joint statement in recognition of "China Human Rights Lawyers Day," which highlighted Xu Zhiyong's case and called for the immediate, unconditional release of "all those arbitrarily detained" (July 10, 2023, Front Line Defenders).
• During their statement for the "Item 4 General debate on human rights situations that require the Council’s attention" at the 55th Session of the United Nations Human Rights Council, the European Union called for the immediate, unconditional release of Rahile Dawut, Ilham Tohti, Gulshan Abbas, Gao Zhisheng, Xu Zhiyong, Wang Yi, Ekpar Asat, Wang Bingzhang, and John Cao (who had been released on March 5, 2024) in China and Vladimir Kara-Murza in Russia, among others, as well as raised the general situation of arbitrary detainees in Belarus and Iran, and highlighted concerns over the death in custody of Alexei Navalny (March 20, 2024, Delegation of the European Union to the UN).