How China’s trial of Lee Ming-che is a warning to Taiwanese activists inspired by freedoms and democracy
Jerome A. Cohen and Yu-Jie Chen say no matter what the eventual fate of Lee, his well-rehearsed trial and confession are meant as a reminder of the danger of attempts to ‘subvert’ the government of mainland China
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The trial lasted only four hours. The defendants were not allowed to retain their own lawyers or meet before trial with Lee’s wife and her advisers. Their court-appointed lawyers did not conduct any investigation to obtain evidence or present any defence witnesses.
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Yet the trial was webcast, so that Lee – the first Taiwanese to be convicted of human rights activity in China – could be seen confessing to participating in a “criminal organisation” that incited web users to spread articles that “vilified and defamed China’s socialist system”.
Lee expressed regret, claiming that he had been misled by Western media reports biased against China, and that his detention had brought him a new understanding of China’s true development and progress. He also expressed appreciation for the “civilised manner” of China’s law enforcement in protecting his personal safety. To atone for his wrongdoings, he pledged that, upon returning home, he would contribute to China’s long-sought unification with Taiwan.
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Lee’s understandably pathetic televised statement came as no surprise. Indeed, his Taiwanese wife, Lee Ching-yu, had publicly anticipated it, based on the experiences of many mainland activists and lawyers detained incommunicado for their human rights activities.
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They are increasingly forced to publicise “confessions” and openly voice remorse and gratitude to the Chinese regime. This has become a commonplace ritual in Chinese court and even on TV, long before trial.
Despite the Supreme People’s Court’s recent endorsement of “trial-centred justice” rather than traditional pre-trial decision-making for politically sensitive trials, a Chinese courtroom is not a place that objectively examines a case on its merits; it is a showroom, displaying the defendant’s guilt as a deterrent to audiences at home and abroad. Although China’s leaders seldom refer to the continuing influence on their system of the now discredited Soviet model, their current show trials recall the infamous Stalin purge trials of the 1930s.
Frustrated but resourceful, Lee Ching-yu then travelled to Washington to testify before a Congressional committee along with the wives of several detained Chinese rights lawyers and, with the assistance of Taiwanese NGOs, began organising an international campaign to raise her husband’s case.
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After the trial, Tsai’s spokesman emphasised the president’s concern for Lee and said the government would exhaust all means to rescue him. Not coincidentally, right before Lee’s trial, Taiwan’s cabinet recommended for ratification an international convention to prevent enforced disappearances, reminding the world that Taiwan’s human rights policy is very different from China’s.
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What will be Lee Ming-che’s fate? A relatively lenient sentence allowing his early return to Taiwan would be a welcome gesture that would prevent cross-strait relations from further festering over this case.
But no matter what, the case has sent a loud and clear warning that Taiwanese will be in danger if they cooperate in “subverting” the Chinese government by promoting freedoms and democracy, a lifestyle that they take for granted.
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Jerome A. Cohen, adjunct senior fellow at the Council on Foreign Relations, is professor of law at NYU and faculty director of its US-Asia Law Institute. Yu-Jie Chen is a Taiwan lawyer, a post-doctoral researcher at Taiwan’s Academia Sinica and an affiliated scholar of NYU’s US-Asia Law Institute