Suining Public Security Bureau
Suining Public Security Indictment Opinion (2010) No. 1
The suspect Liu Xianbin, male, Han nationality was born on August 25, 1968. His national ID card number is 510902196808252657. Liu is university educated and is a resident of the Panshan District of Suining City with household registration at Qiaodong Community 4-100, Lingquan Office, Chuanshan District and currently resides at the Baisheng Jiayuan, Building 2, No. 2, sixth floor #2 at 40 Kaixuan Road in the Chuanshan District. He is unemployed.
In December 1992 the Beijing Intermediate People’s Court sentenced the suspect Liu Xianbin to 2 years and six months of imprisonment for counter-revolutionary propaganda and agitation. He was released in October 1993 after completing his sentence. On August 7, 1999, the Suining City, Sichuan Intermediate People’s Court sentenced him to 13 years imprisonment and deprivation of political rights for three years for subversion of state power. On November 6, 2008, he was released after completing his sentence. On June 28, 2008, Suining Public Security detained him on suspicion of inciting the subversion of state power. On July 5, 2010, with the permission of the Suining City Procuratorate, he was arrested according to law.
The Suining Public Security Bureau discovered the case of the suspected involvement of the suspect Liu Xianbin in incitement to subvert state power in the course of its work. On December 26, 2008, a formal investigation began. On June 28, 2010 the suspect Liu Xianbin was detained in connection with this case. The investigation into the involvement of the suspect Liu Xianbin in incitement to overthrow state power has concluded.
Investigation according to the law has determined that the after the suspect Liu Xianbin was released on November 6, 2008 with the completion of his sentence, owing to his dissatisfaction with our country’s people’s democratic dictatorship system of state power and with the socialist system, pledged to overthrow our country’s political system and to fight it to the end. Between April 2009 and February 2010, Liu Xianbin, at his home at Baisheng Jiayuan, Building 2, No. 2, sixth floor #2 at 40 Kaixuan Road in the Chuanshan District, took advantage of the Internet’s characteristic speed, wide reach, strong social influence and the great attention paid to it by the masses. He wrote and transmitted through the Internet articles for publication. These articles appeared in publications outside the borders of mainland China such as “People and Human Rights”, “Beijing Spring”, “China Weekly”, “Democratic China”, “China Human Rights Semi-weekly”. He slandered the people’s democratic dictatorship political power led by the Chinese Communist Party as “autocratic rule” and on several occasions incited the overthrow of our country’s political regime and socialist system.
These articles written by the suspect Liu Xianbin start rumors and contain slanders:
- “Baptism of Blood and Fire”,
- “Liu Xianbin:100 Days Since Release from Prison”,
- “A Late Remembrance: Remembering the Death of Zhao Ziyang Five Years Later “,
- “Looking at China with Vaclav Havel’s Eyes “,
- “Street Actions are an Important Tactic for the Chinese Democratic Movement”,
- “A Discussion Starting From “‘The People Are Masters in Their Own Homes'”,
- “Choices for the Chinese Movement After the Heavy Sentence that Liu Xiaobo Received”, and
- “My Twenty Years in the China Democracy Movement — The Arrest of Chen Wei, Part 1”,
Rumors and slanders such as:
- “The rule of the Communist Party has always been characterized by high pressure and terror”,
- “The Communist Party authorities “rely on naked violence”,
- “The evening news television broadcast is “an important tongue of the authorities for idiotizing the people”,
- The Chinese people live under “the terrorizing rule of the political police”, and “live their lives mechanically like slaves”, and
- “The officials of the Chinese authorities I have actually had contact with have all been playing the role of accomplices to the inhumane state apparatus”.
- “Create a strong opposition organization”,
- “When the people become interested in politics” will be the time to “create an organization and to publish a charter”,
- “Calling on every member of the opposition to continually carry out open opposition”, “once the moment is ripe”,
- “Quickly become a strong political organization with real fighting power”,
- “Large scale street actions will be decisive”,
- “Let more and more Chinese citizens realize the true nature of this political regime and political system”,
- “Put more and more pressure on the regime” in order to make its political base fall apart.
Others linked to Liu’s articles or copied them to other websites where people also read them. They had a very bad influence.
The above-mentioned criminal evidence was established through the statements of witnesses, the records of on the spot investigations, electronic evidence, records of investigation, conclusions drawn from investigation of evidence, physical evidence, written evidence and frank admissions by the suspect Liu Xianbin.
The criminal facts described above are clear, the evidence confirmed, adequate and sufficient to make a conclusion.
The suspect Liu Xianbin was imprisoned previously for the crime of incitement to overthrow state power. After serving his sentence, while deprived of his political rights, he committed once again the crime of incitement to overthrow state power. According to Chapter 66 of the “Criminal Law of the People’s Republic of China”, he should be considered a recidivist and receive a heavy punishment.
As has been described above, the suspect Liu Xianbin used the Internet to openly publish issue incitements with the intention of overthrowing state power. His behavior. violates Chapter 102, Section 2 of the “Criminal Law of the People’s Republic of China” involving the crime of incitement to overthrow state power.
According to Chapter 129 of the “Criminal Procedure Law of the People’s Republic of China”, this case is transferred to the Procuratorate for indictment.
Hereby transferred to the Suining City People’s Procuratorate.
Wang Minghua (seal)
Suining Public Security Bureau
July 21, 2010-8-3
1. Ten volumes of case materials, totaling 794 pages;
2. See the transfer of custody list for the evidence transferred along with this case;
3. The suspect Liu Xianbin is now in custody at the Suining City Detention Center.