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Call to release dissident writer held 'illegally' for six months

The lawyer for dissident writer Liu Xiaobo has called for his release following six months of unlawful detention.

Liu was taken from his Beijing home on December 8, a day before the publication of 'Charter 08', a high-profile appeal for political reform, democracy and freedom.

Liu co-authored the document, which was signed by more than 300 scholars, lawyers, and writers. His arrest came two days before the 60th anniversary of the Universal Declaration of Human Rights.

He has been denied access to a lawyer since his detention, although his family has managed to see him twice since, under police escort. No one knows where he is being held.

'Today is the half-year mark,' his lawyer, Mo Shaoping, said. 'They must release him, or make a legal step should they wish to continue investigating, be it issuing a proper warrant of arrest, or allowing him to apply for bail pending trial.'

Mr Mo said Liu's family was shown a document when he was taken. It indicated he would be placed under 'residential surveillance', a legal measure where the suspect, yet to be arrested, is restricted from leaving his home during the investigation period - which according to the Criminal Procedure Law should be no more than six months. However, the document left the 'suspected charge' blank, and neither Mr Mo nor the family has received any documentation about the detention.

'If it is indeed residential surveillance, he should be able to remain in his own home, and he should have completely free access to lawyers,' he said. 'This detention is illegal.'

Liu, 53, has been in and out of detention facilities since he was first arrested for participating in the 1989 student-led protests. He was jailed for 20 months in the aftermath, but he continued to write political commentaries about freedom of expression and democracy. In 1996 he was sentenced to three years of re-education through labour.

Detention without trial is common on the mainland. Detainees range from political activists such as Liu, to common petitioners, mental patients and petty criminals who need 're-education'.

Beijing-based rights lawyer Xie Yanyi recently asked the Ministry of Justice for information on the number of detainees, their classification and treatment under the system of re-education through labour, under the new Freedom of Information Regulations.

The system, designed to 're-educate' petty criminals, is often used against dissidents. The ministry denied the request but, according to its website, there were 160,000 detainees in 350 centres for re-education.

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