An Open Letter to the Bureau of the Public Security in Shenzhen on the Detention of ICPC Member Liu Shui

May 8, 2004

Mr. Liu Shui, a member of the Independent Chinese PEN Center (ICPC), was detained on May 2, 2004 by police from the Nanyuan Police Station in Shenzhen , Guangdong Province. He has been held at the Educational Detention Center in Shenzhen since May 3 rd and has not been allowed to have his family visit. As reported by the media, the Bureau of Public Security in Shenzhen alleged that Liu Shui violated “ Regulations of the Administration for Public Security” and was sentenced without trial to two years in a reeducation camp. This is the fourth time that Liu Shui has been deprived of his freedom in his 36 years of life. He was first arrested in 1989 during the student-led pro-democracy movement and imprisoned for a year and three months on the charge of “anti-revolutionary propagada and organization” in his native city of Lanzhou , Gansu Province .

Whereas according to the "Regulations of the People's Republic of China on Administrative Penalties for Public Security", the police cannot detain a citizen for more than fifteen days for minor offenses that are not deemed a criminal offense;

Whereas according to the "Criminal Code of the People's Republic of China" , the minimum length of detention for a major crime is one month;

Whereas according to the "Criminal Procedure Code of the People's Republic of China ", the accused must be guaranteed a trial by court with defense attorneys representing the accused before a verdict is reached;

Whereas Liu Shui has been sentenced to reeducation through labor for a period of two years and has been deprived of his right for a family visit by the Bureau of Public Security in Shenzhen;

Whereas Liu Shui had been detained three times in the past due to his outspoken criticism of the Chinese authorities; in one specific example, he was detained and fined by the Bureau of the Public Security in Shenzhen for not having a temporary residence permit based on the unlawful “Measures for Detention and Deportation of Urban Vagrants,” a legal measure that was abolished by the State Council of China last year;

Whereas Liu Shui conveyed his concerns to an ICPC board member that he could be arrested anytime due to his recent series of Internet publications criticizing the Chinese regime that focused on the Bureau of Public Security's violations of Chinese laws;

The Writers-in-Prison Committee of the Independent Chinese PEN Center believes that Shenzhen Bureau of Public Security's ruling against Liu Shui contradicts the procedures and limits of authority as prescribed by the laws mentioned above, thus severely violating Liu Shui's civil rights as guaranteed by China's Constitution.

The Writers-in-Prison Committee of ICPC thus demands that the authorities take the following measures:

1. If Liu Shui did violate “ Regulations of the Administration for Public Security” but that violation is not liable to criminal punishment, the Bureau of Public Security in Shenzhen must strictly follow the Regulations of the People's Republic of China on Administrative Penalties for Public Security, and dismiss the two year punishment of “reeducation through labor,” and release Liu Shui within 15 days of the start of his detention.

2. If Liu Shui did commit an act that severely violated “Regulations of the Administration for Public Security” and is therefore punishable as severely as the police have suggested, then the Shenzhen Bureau of Public Security must strictly adhere to the Criminal Procedure Code of the People's Republic of China, and ensure all the rights due to an alleged suspect of a criminal offense, particularly his right to a defense attorney and his right to a fair trial in court.

3. If Liu Shui did not violate “ Regulations of the Administration for Public Security ” or commit any other offense against the law, the Shenzhen Bureau of Public Security must release him immediately and unconditionally.

4. Similar to Liu's previous three detentions, we believe that Liu Shui is being punished for expressing criticism of Chinese authorities. Therefore, we believe that the Bureau of Public Security in Shenzhen has entrapped him with this accusation of an alleged violation against “Security Management Regulations”. We demand that responsible authorities correct the ruling immediately and investigate those truly in violation of the law.

5. Finally, while he remains in detention, the Shenzhen Bureau of Public Security must ensure the protection of Liu Shui's human rights and civil rights.

Writers-in-Prison Committee of the Independent Chinese PEN Center

Last updated: May 18, 2004