NS Christmas campaign: Show your support for Gao Zhisheng

The distinguished lawyer is at risk of torture.

For the past six years one of China’s most distinguished human rights advocate Gao Zhisheng has been a victim of China’s state system. Once regarded as "one of China's top ten lawyers", Gao is now disbarred, behind bars and at real risk of torture.  

His crime? He dared to criticise the government’s practices.

Gao had previously called on the Chinese government to stop religious persecution, including persecution of Falun Gong practitioners. He is currently imprisoned for allegedly violating the terms of a three-year suspended sentence given for false and trumped-up charges.

In February 2009, police arrested Gao. He was not charged with an offence. Nor did he appear before a judge following his arrest. Instead he disappeared from sight.

Fourteen months later in March 2010 Gao re-appeared in Beijing for two weeks.  

In a televised interview Gao gave during his brief reappearance, he told how he had been held in hostels, farm houses, apartments and prisons in various parts of China. He had been hooded, tied with belts and made to sit still for hours on end.  Adding psychological trauma to the mix, he was also told that his children had suffered nervous breakdowns.

That wasn’t the first time Gao had been tortured.
 
Since 2006, Gao Zhisheng has been repeatedly imprisoned, tortured and held under illegal house arrest. Members of his family have been routinely beaten, starved and intimidated. In October 2006 he was charged and found guilty of "inciting subversion".

In 2007, after criticising the human rights situation in China in an open letter to the US Congress, plain-clothed police came into his home, stripped him of his clothes and beat him unconscious. He was then taken and held incommunicado for nearly six weeks. Later Gao described how during that illegal detention, he was subjected to violent beatings, repeated electric shocks to his genitals, and lit cigarettes which were held close to his eyes over a prolonged period of time, leaving him partially blind for days afterwards.

In 2010 Gao Zhisheng disappeared for the second time. It wasn’t until a year and a half later, in December 2011, that state media reported that he had violated terms of his suspended sentence and was being sent to serve his sentence in prison. Throughout these months his family did not know where he was or even if he was still alive.

Gao Zhisheng is currently held in a remote prison in Xinjiang in the far west of China. This region has historically been used to hide away political prisoners.

Previous evidence has shown that Gao Zhisheng is at serious risk of being tortured while he’s in prison. Indeed, human rights lawyers in China regularly attract the wrath of China’s government because of their work defending victims of injustice. The clearest message possible must be sent to China’s authorities that Gao must not be harmed and instead released from prison immediately.

Watch Anish Kapoor and others peforming a version of "Gangnam Style" in support of Gao and those like him:

Gao Zhisheng features as part of Amnesty International’s Write for Rights Campaign, which the New Statesman online is supporting as its Christmas campaign. You can play a part in this. Visit www.amnesty.org.uk/gao.
 

Gao Zhisheng with his son.

Eulette Ewart is a press officer for Amnesty International UK.  Follow Amnesty's media team on Twitter @newsfromamnesty.

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After Article 50 is triggered, what happens next?

Theresa May says Article 50 will be triggered on 29 March. The UK must prepare for years, if not decades, of negotiating. 

Back in June, when Europe woke to the news of Brexit, the response was muted. “When I first emerged from my haze to go to the European Parliament there was a big sign saying ‘We will miss you’, which was sweet,” Labour MEP Seb Dance remembered at a European Parliament event in London. “The German car industry said we don’t want any disruption of trade.”

But according to Dance – best known for holding up a “He’s Lying” sign behind Nigel Farage’s head – the mood has hardened with the passing months.

The UK is seen as demanding. The Prime Minister’s repeated refusal to guarantee EU citizens’ rights is viewed as toxic. The German car manufacturers now say the EU is more important than British trade. “I am afraid that bonhomie has evaporated,” Dance said. 

On Wednesday 29 March the UK will trigger Article 50. Doing so will end our period of national soul-searching and begin the formal process of divorce. So what next?

The European Parliament will have its say

In the EU, just as in the UK, the European Parliament will not be the lead negotiator. But it is nevertheless very powerful, because MEPs can vote on the final Brexit deal, and wield, in effect, a veto.

The Parliament’s chief negotiator is Guy Verhofstadt, a committed European who has previously given Remoaners hope with a plan to offer them EU passports. Expect them to tune in en masse to watch when this idea is revived in April (it’s unlikely to succeed, but MEPs want to discuss the principle). 

After Article 50 is triggered, Dance expects MEPs to draw up a resolution setting out its red lines in the Brexit negotiations, and present this to the European Commission.

The European Commission will spearhead negotiations

Although the Parliament may provide the most drama, it is the European Commission, which manages the day-to-day business of the EU, which will lead negotiations. The EU’s chief negotiator is Michel Barnier. 

Barnier is a member of the pan-EU European People’s Party, like Jean-Claude Juncker and German Chancellor Angela Merkel. He has said of the negotiations: “We are ready. Keep calm and negotiate.”

This will be a “deal” of two halves

The Brexit divorce is expected to take 16 to 18 months from March (although this is simply guesswork), which could mean Britain officially Brexits at the start of 2019.

But here’s the thing. The divorce is likely to focus on settling up bills and – hopefully – agreeing a transitional arrangement. This is because the real deal that will shape Britain’s future outside the EU is the trade deal. And there’s no deadline on that. 

As Dance put it: “The duration of that trade agreement will exceed the life of the current Parliament, and might exceed the life of the next as well.”

The trade agreement may look a bit like Ceta

The European Parliament has just approved the Comprehensive Economic and Trade Agreement (Ceta) with Canada, a mammoth trade deal which has taken eight years to negotiate. 

One of the main stumbling points in trade deals is agreeing on similar regulatory standards. The UK currently shares regulations with the rest of the UK, so this should speed up the process.

But another obstacle is that national or regional parliaments can vote against a trade deal. In October, the rebellious Belgian region of Wallonia nearly destroyed Ceta. An EU-UK deal would be far more politically sensitive. 

The only way is forward

Lawyers working for the campaign group The People’s Challenge have argued that it will legally be possible for the UK Parliament to revoke Article 50 if the choice is between a terrible deal and no deal at all. 

But other constitutional experts think this is highly unlikely to work – unless a penitent Britain can persuade the rest of the EU to agree to turn back the clock. 

Davor Jancic, who lectures on EU law at Queen Mary University of London, believes Article 50 is irrevocable. 

Jeff King, a professor of law at University College London, is also doubtful, but has this kernel of hope for all the Remainers out there:

“No EU law scholar has suggested that with the agreement of the other 27 member states you cannot allow a member state to withdraw its notice.”

Good luck chanting that at a march. 

Julia Rampen is the editor of The Staggers, The New Statesman's online rolling politics blog. She was previously deputy editor at Mirror Money Online and has worked as a financial journalist for several trade magazines.