[Congressional Record Volume 155, Number 197 (Monday, December 21, 2009)]
[Senate]
[Page S13695]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               LIU XIAOBO

  Mr. LEAHY. Mr. President, I want to speak briefly about the 
indictment and trial by Chinese authorities of Mr. Liu Xiaobo for 
``incitement of state subversion.'' The evidence cited in support of 
the charges were Mr. Liu's essays and association with Charter 08, a 
framework for democracy, human rights and the rule of law that was made 
public a year ago this month.
  That document was signed by Mr. Liu and some 300 other intellectuals 
and activists. Thousands more people have since added their names, most 
of them from inside China. I am told that Charter 08 is widely regarded 
as the most significant democratic reform movement in China in a 
decade.
  The charges against Mr. Liu are very disappointing. They illustrate 
how little has improved in China regarding tolerance for freedom of 
expression. I am informed that the Chinese Government has decided to 
bring Mr. Liu to trial, that international observers are permitted 
under Chinese law, and this is consistent with international legal 
standards on the openness and transparency of legal proceedings. I 
mention this because I am aware that former Governor of Pennsylvania 
and U.S. Attorney General Richard Thornburgh has expressed a strong 
interest in attending the trial as an observer, to show support for Mr. 
Liu and to convey the concern that he and others around the world have 
for the larger implications of this case.
  The arrest of Mr. Liu demonstrates a continuing, disturbing trend in 
China. As Governor Thornburgh has written:

       in recent years, China's leaders seemed to be tolerating 
     changes in the legal system. The number of private lawyers 
     and law firms has grown exponentially. Lawyers and citizens 
     energetically began pursuing rights in court. A ``wei quan,'' 
     or ``rights defense'' movement, grew up around lawyers and 
     activists seeking to use the laws on the books, and the 
     institutions allowed by law, to assert and defend human 
     rights without challenging the underpinnings of China's 
     communist system. Such efforts were tolerated at first, and 
     there were even modest signs of greater professionalism in 
     the communist judicial system.
       Unfortunately, initial signs of progress have given way to 
     serious setbacks. Many lawyers who take on politically-
     sensitive cases have been subject to a kind of backdoor 
     disbarment, finding it impossible to renew their licenses. 
     Some lawyers have been the target of surveillance, confined 
     to house arrest, the victims of physical attacks, raids and 
     confiscation of their property. Law firms and other groups 
     pursuing law in the public interest have been shut down.
       Moreover, there has been an alarming increase in the use of 
     ``subversion'' or state security charges leveled against 
     activists. These cases have become a substitute for the old 
     ``counter-revolutionary'' crimes. Others convicted on such 
     grounds include Hu Jia, the AIDS activist who also criticized 
     abuses surrounding the staging of the Summer 2008 Olympic 
     Games and Huang Qi, who posted public information on his 
     website about the government's response to the Sichuan 
     earthquake.
       Liu's prosecution requires a serious response from the 
     United States. Cooperating with China on other issues like 
     the environment or North Korea does not mean we must silence 
     ourselves when it comes to the rights and freedoms of China's 
     citizens. Indeed, we are unlikely to get meaningful 
     cooperation on any issue when we appear weak in defense of 
     our principles, which as President Obama has said many 
     times--most recently in his speech accepting the Nobel Peace 
     Prize--are universal principles.

  I agree, and hope the Chinese authorities reconsider this case, 
release Mr. Liu, and dismiss the charges against him. There are so many 
issues on which we want to expand our cooperation with China, but the 
persecution of courageous Chinese citizens who are guilty of nothing 
more than exercising rights guaranteed by the Universal Declaration of 
Human Rights hinders that cooperation and China's own development.
  If the charges are not dismissed, and Mr. Liu is brought to trial, 
his trial should be attended by outside observers including top 
officials of the U.S. Embassy and Governor Thornburgh. I hope the 
Department of State and our diplomats in Beijing will assist Governor 
Thornburgh, including in obtaining a visa and access to the trial. It 
is important that the Chinese Government, and the Chinese people, know 
how strongly we deplore what is being done to Mr. Liu, and what it says 
about the need for China to meet its own commitments to respect 
internationally recognized human rights.

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