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Lawyers Call for Safety Guarantees and Access to Representation for Chen Kegui, Nephew of Chen Guangcheng, as Case Proceeds Towards Indictment

Date: 2012-10-12

The case of Chen Kegui, the detained nephew of blind self-taught legal activist Chen Guangcheng, has been sent to the Yinan County prosecutor’s office with a recommendation that he be indicted for the crime of “intentional infliction of injury,” according to a statement by Chen Guangcheng and Professor Jerome A. Cohen released today. The statement is posted in its entirety below. Chen Kegui was taken into custody in April 2012 following an altercation with authorities who broke into his home in the days following Chen Guangcheng’s dramatic escape from extra-judicial house arrest. Chen Kegui was subsequently held incommunicado by the Yinan County Public Security Bureau of Linyi City, Shandong Province, for over five months.

The case of Chen Kegui, the detained nephew of blind self-taught legal activist Chen Guangcheng, has been sent to the Yinan County prosecutor’s office with a recommendation that he be indicted for the crime of “intentional infliction of injury,” according to a statement by Chen Guangcheng and Professor Jerome A. Cohen released today. The statement is posted in its entirety below. Chen Kegui was taken into custody in April 2012 following an altercation with authorities who broke into his home in the days following Chen Guangcheng’s dramatic escape from extra-judicial house arrest. Chen Kegui was subsequently held incommunicado by the Yinan County Public Security Bureau of Linyi City, Shandong Province, for over five months.

The Committee to Support Chinese Lawyers is deeply concerned that lawyers designated by Chen Kegui’s family have been unlawfully refused entry into the case. The Committee is further concerned that these lawyers face the prospect of beatings, detention, and disbarment for taking on this sensitive matter. Moreover, the Committee is deeply troubled over the treatment of Chen Kegui, who his lawyers have reason to believe was tortured during his incommunicado detention. The Committee calls upon Chinese authorities to guarantee the safety of Chen Kegui, his family, and his lawyers, and to ensure that Chen Kegui be provided with adequate opportunities, time, and facilities to be visited by and to communicate and consult with lawyers appointed by his family, without delay, interception, or censorship, and in full confidentiality.

The following statement was released by Chen Guangcheng and Professor Jerome A. Cohen on October 12, 2012:

Case of Chen Guangcheng’s Nephew, Chen Kegui, Sent to Prosecutor for Indictment

Unfortunately, after holding Chen Kegui incommunicado for over five months, the Yinan County Public Security Bureau of Linyi City, Shandong Province, has sent his case to the county procuracy (the prosecutor’s office) with a recommendation that he be indicted for the crime of “intentional infliction of injury” (guyi shanghai). The procuracy will now study the case before deciding whether to initiate prosecution. Although the procuracy has the option of rejecting the police recommendation or sending the case back to the police for further investigation and reconsideration, it almost always accepts the recommendation, occasionally modifying the precise charge. This makes Chen’s prosecution and conviction highly likely. Given the sensitivity of the case, the county Party political-legal committee has undoubtedly already decided what the outcome will be, after obtaining the approval of its city, provincial and, probably, central Party superiors. The lawyers Chen’s family has attempted to appoint and who have been unlawfully refused entry into the case will continue to try to represent him before the procuracy and, if necessary, the court, but they have little chance of meeting with him and being heard and, if the 2006 case of Chen’s uncle is any guide, an excellent chance of being beaten, detained and disbarred. They have reason to believe Chen has been tortured during his long incommunicado detention. The county government has appointed, against the will of the family and undoubtedly the suspect, government-related legal aid lawyers to “assist” Chen in his defense. This is the same group that was forced upon uncle Chen Guangcheng in 2006 and proved to be of no help whatever. The offense currently being considered can result in a severe sentence, if the consequences of the alleged offense are judged to be serious, or a light sentence if, as appears through the non-transparency, the alleged victims were not seriously injured when Chen in desperation grabbed a kitchen knife in a vain attempt to stop the vicious middle of the night assault on his parents and himself by the 30-odd police, other officials and their hired thugs who illegally broke into their home in fury once they discovered Chen Guangcheng had escaped.   

CHEN GUANGCHENG HAS AUTHORIZED ME TO INFORM THE MEDIA OF THIS STATEMENT AND TO MAKE PUBLIC ITS CONTENTS. FIVE MONTHS OF HOPEFUL WAITING FOR THE GOVERNMENT TO RECOGNIZE AN EVIDENT CASE OF SELF-DEFENSE HAVE PROVED IN VAIN.