Advancingrights through dialogue

DUI HUA

以对话 倡人权

2015 AnnuAl RepoRt 年年年年年度报告

Contents

Mission & Approach ... 1

Executive Director’s Letter ... 2

Political & Religious Prisoners ... 3

Women in Prison ... 5

Juvenile Justice ... 6

Death Penalty ... 7

Community Engagement ... 8

Contributions & Support ... 9

Financial Statements ... 10

Contributors ... 11

Harold W. Furman IIChairman and Managing DirectorThe Furman Group, Inc.

Thomas D. GormanSenior AdvisorCCI Asia-Pacific Ltd.

John T. KammChairman and Executive DirectorThe Dui Hua Foundation

William C. McCahill, Jr.Senior Advisor for China Mirabaud & Cie

Michael T. McCuneDirector, Global Advisory Services (Asia-Pacific) CEB

William N. SimonManaging PartnerKura Holdings LLC

Magdalen YumSenior Vice President Wealth Management Financial AdvisorUBS International

Linda K. ZiglarChief Financial OfficerThe Ziglar Group

DiReCtoRs stAffJohn T. KammExecutive Director

Irene Chan KammSenior Manager, Finance & Development

Kevin LiSenior Manager, Programs & Technology

Ricky HuiResearch Associate

Jonathan KinkelPublications & Programs Officer

Candy OrAccounting & AdministrativeManager

Dedi WongAccountant

Luke WongResearch Manager

Ren-yin YuDevelopment Officer

Researchinto Internet and

library resources to uncover relevant cases,

regulations, and trends

Advocacythrough respectful,

well-informed dialogue with China both directly

and via UN and government bodies

We are a nonprofit humanitarian organization seeking clemency and better treatment for at-risk detainees through the promotion of universally recognized human rights in well-informed, mutually respectful dialogue with China.

We focus on political and religious prisoners, juvenile justice, women in prison, and issues in criminal justice. Our work rests on the premise that positive change is realized through constructive relationships and exchange.

ouR AppRoACh

Dui Hua (对话) means dialogue.

Publicationson prisoner cases

and analysis of developments in

criminal justice and human rights

Expert Exchange

among criminal justice practitioners

and experts, including China’s Supreme People’s CourtCommunity

Engagementto apprise the global

community of research findings and practical

experience

2

The consensus view in Western capitals is that civil and political rights have deteriorated in China in recent years. As this view has taken hold, calls to cancel bilateral human rights talks with China have grown stronger.

Although there have been worrisome developments, notably in 2015, the view that civil and political rights have deteriorated across the board misses the positive developments that China has brought about in the area of human rights, often in partnership with the international community.

China has abolished the system of arbitrary detention known as re-education through labor, and reformers are targeting for abolition other forms of arbitrary detention like custody and education. It has abandoned the one-child policy and is undertaking reform of the household-registration system.

The number of executions in China has dropped sharply in recent years, and though the decline has slowed, momentum in the direction of fewer executions remains the trend. More due process rights are enjoyed by most individuals suspected of criminal activity — though not, regrettably, those accused of political crimes. Efforts to reduce torture are progressing, though not at the speed the human rights community would like to see.

In late 2015, an anti-domestic violence law passed China’s National People’s Congress, taking effect on March 1, 2016. This law, together with greater use of non-custodial measures like bail and suspended sentences, will help reduce the number of women in prison, which has risen at a frightening speed in recent years. The draft anti-domestic violence law was revised following public consultation — another positive trend.

At the same time, the growing popularity of non-custodial measures, and the implementation of China’s first special pardon since 1975, has contributed to a decline in the number of juveniles in prison.

The international community has worked with Chinese partners, including the central government, to help bring about improvements, which, while imperfect and incomplete, have benefited many Chinese people, including some of the most vulnerable. Now is not the time to abandon dialogue. It is the time to redouble our efforts.

Executive Director’s Letter

John KammExecutive Director

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returned home in 2015. He was released 10 months early from an eight-year sentence for good behavior. Authorities took Xue into custody in 2007 for state secrets charges that arose from his use of a commerical oil database. His family enlisted Dui Hua’s help in 2009.

Leaders of Opposition party groups and religious adherents also received clemency in 2015. The Inner Mongolia High People’s Court commuted the sentence of Dong Zhanyi (董占义), the 59-year-old founder of the New

Era Communist Party of China, to a fixed term of 19 years and six months on February 4. Dong was originally sentenced to life in prison for subversion and eight years for contract fraud. Dui Hua had named Dong on five prisoner lists through the

end of 2015.

Lai Yiwa (赖亦瓦), a member of quasi-Christian group Almighty God, received a six-month sentence reduction in August. Dui Hua first intervened on his behalf in 2013. His is the first known act of clemency for an Almighty God member convicted in Guangdong Province since the nationwide clampdown on the outlawed group began in December 2012. Almighty God members disseminated messages that the apocalypse would arrive on December 21, 2012.

Unique among governmental and non-governmental organizations, Dui Hua successfully presses the Chinese government to provide information on prisoners of conscience. In 2015, Dui Hua directly submitted 24 prisoner lists to the Chinese government and compiled four prisoner lists on behalf of the foreign governments.

The Chinese government provided Dui Hua with 10 responses on 35 people in custody in 2015. Through these responses and other channels, Dui Hua recorded 37 acts of clemency during the year. Among the individuals receiving clemency were Zhou Yongjun (周勇军), a leader of the 1989 Tiananmen Protests (see p. 4).

Women accounted for 43 of the individuals included on prisoner lists to the Chinese government. The Chinese provided responses on 13 women, mentioning 7 acts of clemency. Hard-hitting journalist Gao Yu (高瑜) received a reduced sentence and permission to serve her prison term at home in late November. In its decision, the court cited Gao’s ill health. Dui Hua included Gao on three prisoner lists in 2015. She came into conflict with the law after an internal party memo was leaked.

American geologist Dr. Xue Feng (薛锋) also

Political & Religious Prisoners

24 lists 10 responses

37 acts of clemency learned

4

Selected Sentence Reductions & Releases, 2015Name Details Sentence Lists* Reduction

In PrisonDong Zhanyi(董占义)

Co-founder of the anti-corruption focused New Era Communist Party, Dong was charged with subversion and contract fraud for setting up a supermarket management company to raise funds for the party.

Life 5 Commuted to 19.5 yrs (2/15); release date 8/3/34

Lai Yiwa(赖亦瓦)

Lai is the first member of Almighty God, an unorthodox Christian sect identified as a cult by the Chinese government, known to have received a sentence reduction since the state began cracking down on the group in December 2012.

7 yrs 4 Reduced by 6 mos (8/15); release date 6/15/19

ReleasedGao Yu(高瑜)

A hard-hitting journalist, Gao was tried for leaking to foreign entities a classified party document that warned of the “threat” of western democratic ideals.

7 yrs 3 Revised to 5 yrs, permitted to serve sentence at home on appeal (11/15)

Xue Feng (薛峰)

An American geologist, Xue was charged with “illegally procuring state secrets” for introducing his employer to a commercially available oil industry database.

8 yrs 10 Reduced by 10 mos in 2012; released 4/3/15

Zhou Yongjun(周勇军)

Zhou was a student leader active in the June Fourth protests. He was taken from Hong Kong to the mainland to face extortion charges in 2008.

9 yrs 15 Reduced twice totaling 22 mos; released 12/6/15

* The number of lists of cases of concern including the individual’s name that Dui Hua has drafted for submission to the Chinese government.

We draft prisoner lists using our Political Prisoner Database (PPDB). We believe these lists hold China accountable for people taken into custody and reduces the likelihood that they will face mistreatment.

Dui Hua added 2,632 people to the PPDB in 2015, including 1,200 women (in instances where gender was reported). The PPDB had a total of 32,496 names by year end, including 6,267 people known or believed to be under coercive measures. About half of those under coercive measures were

reported to be involved in outlawed religious groups like Falun Gong. Another 14 percent were accused of endangering state security (ESS) crimes like splittism, espionage, inciting subversion, and state secrets charges.

In conjunction with the PPDB, Dui Hua tracks public protest in a Mass Incident Database. In 2015, we added 3,701 entries to the database for a total of 10,657 incidents. Labor disputes accounted for the majority of incidents, followed by land grabs and general petitioning. ■

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Women in PrisonDui Hua believes that advocacy for women’s rights should include the rights of women in conflict with the law. That’s why we support the United Nations Rules for the Treatment of Women Prisoners and Non-Custodial Measures for Women Offenders (the Bangkok Rules). Adopted by the UN General Assembly in December 2010, the Bangkok Rules promote equity by bringing a gendered perspective to criminal justice.

In 2015, Dui Hua helped promote the Bangkok Rules in China by translating an e-course on sections of the rules pertaining to non-custodial measures. In 2016, we intend to distribute the translation in China as a training document for legal officials, with the aim of improving legal outcomes for women — the fastest growing segment of China’s prison population. The translation takes Modules 1, 2, and 9 of Penal Reform International’s

e-course “Women in Detention: Putting the UN Bangkok Rules into Practice” and makes them available to Chinese audiences. On his January 2016 visit to China, Dui Hua Executive Director John Kamm gave copies of

the translation to four Chinese government officials and scholars.

Dui Hua is working towards holding its fifth exchange with the Supreme People’s Court on the topic of non-custodial measures for girls. Girls in conflict with the law typically have histories of trauma and mental illness that make custodial settings less appropriate.

Dui Hua brought attention to the issue of women’s increasing contact with the law in a Human Rights Journal article published in June. We reported that, between 2003 and 2014, the number of women incarcerated in China jumped 46 percent, 10 times faster than growth in the number of incarcerated men. By comparison, the number of women in US prisons grew 15 percent over the same period, about one and a half times faster than for men. The article piqued the attention of mainstream media outlets including the BBC. By mid-2015, more than 107,000 women were serving sentences in Chinese prisons. ■

0.00%

1.00%

2.00%

3.00%

4.00%

5.00%

6.00%

7.00%

8.00%

9.00%

10.00%

0

20,000

40,000

60,000

80,000

100,000

120,000

2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015

Number % of Prison Population

Number of Women in Prison in China, 2003-2015

Sources: Dui Hua; China Statistical Yearbook; APCCA.

in 2015, more than

107,000 women in Chinese prisons

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Dui Hua works closely with the Supreme People’s Court (SPC) Office of Juvenile Courts to support reform of China’s juvenile justice system. We do this in part through expert exchanges involving criminal justice practitioners and scholars in the United States and China. Held at two-year intervals since 2008, these exchanges contributed to reforms embodied in amendments to the Criminal Procedure Law that took effect in January 2013.

Dui Hua began preliminary discussions with the SPC in 2015 for an exchange on the use of non-custodial measures for girls in conflict with the law. Non-custodial measures help keep families together and reduce the risk of girls facing additional trauma and being exposed to negative role models while in custody.

Dui Hua is also exploring an exchange to address serious and violent crimes committed by children under 14, China’s age of legal responsibility. A Chinese law professor informed Executive Director John Kamm that children under age 14 who commit serious crimes are detained in custody and education centers. Run by public security bureaus, these facilities are used primarily to incarcerate sex workers.

A special pardon issued by the Chinese government in 2015 summer may be a sign that China aims to increase the use of non-custodial measures for juvenile offenders. Xinhua reported that 95 percent of the 31,527 people who were pardoned in 2015 were under age 18 at the time of their

offense. People were eligible to be included in the pardon if they had committed minor offenses and were sentenced to fewer than three years in prison or had less than one year left to serve.

In July, Dui Hua published a Human Rights Journal article on Supreme People’s Procuratorate data that show an overall reduction in juvenile arrests and indictments, but a disproportionately high percentage of migrant youth among juveniles charged. Procuratorates did not approve about 27 percent of juvenile arrests and seven percent of juvenile indictments in 2014, compared with 18 percent and five percent, respectively, in 2012.

Since the Criminal Procedure Law went into effect in 2013, courts have sentenced more than 40 percent of juveniles to non-custodial sentences, up from about 36 percent in 2010, according to Dui Hua interlocutors and China’s official compendium on juvenile justice (zhongguo shaonian sifa). ■

Juvenile Justice

Participants in Dui Hua’s juvenile justice expert exchange with the Supreme People’s Court in October 2014.

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Death PenaltyDui Hua monitors developments in Chinese criminal justice and rule of law including the use of capital punishment. In 2015, we began a log to track publicly reported death sentences. During trips to China in 2015 and early 2016, interlocutors told Executive Director John Kamm that the number of people executed in each of the last two years remained largely unchanged from 2013. We estimate that annual figure to be approximately 2,400 people.

On August 29, 2015, the National People’s Congress Standing Committee furthered China’s commitment to gradually reduce the use of the death penalty by adopting the ninth set of amendments to the Criminal Law. Effective November 1, 2015, these amendments remove the death penalty as punishment for nine crimes, reducing the total number of capital crimes to 46. The amendments chip away at the death penalty for offenses that involve a certain degree of violence, but, as many of China’s capital crimes are non-violent in nature, China still has some ways to go before it joins the growing ranks of abolitionist countries.

The Criminal Law amendments also included the addition of a new penalty: the option of sentencing a defendant convicted of corruption to life in prison without opportunity for sentence reduction or parole. The condition may only be applied in corruption cases where the defendant received a suspended death sentence and had that sentence commuted to life imprisonment after the two-year period of reprieve. Chinese legal experts and

commentators widely praised the move, interpreting it as a strong signal that corruption will continue to be severely punished. Others noted that the introduction of life without parole may have wider implications for abolishing the death penalty. Continued popular support for capital punishment is one factor underlying the cautious and gradual approach that China’s leaders have adopted in reducing its use. Longstanding anger over rampant corruption has helped fuel public support for the death penalty and contributed to anxiety over efforts to strip it from many economic and non-violent offenses.

The introduction of life without parole in serious corruption cases has the potential to mitigate some public doubts that abolition would mean leniency on corrupt officials.

In 2015, there were no public reports of defendants convicted of corruption being sentenced to death. Chinese courts typically use capital punishment in instances of homicide (85 percent), rape, robbery, and drug offenses. ■

Crimes Removing the Death Penalty, 2015

Article No. Offense

151(1) Smuggling weapons or ammunitionSmuggling nuclear materialSmuggling counterfeit currency

170 Manufacturing counterfeit currency

192 Fraudulent fundraising

358(1) Organizing prostitutionCoercing into prostitution

426 Obstructing the performance of military duties

433 Spreading rumors, disinformation during wartime

Source: Dui Hua

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Community EngagementDui Hua strives to make a difference in individual cases and to encourage systemic change. We believe that community engagement sustains and strengthens the work we do to advance human rights.

In 2015, Dui Hua participated in more than 20 events with diverse audiences around the world. On February 10, Executive Director John Kamm made his fourth appearance at San Francisco’s Commonwealth Club. The lecture, titled “Half the Sky: China’s Women Prisoners,” highlighted Dui Hua’s work on women in prison and presented findings from Dui Hua’s international symposium on the Bangkok Rules. A representative of the local Chinese consulate attended the public event.

Kamm made remarks at three US venues in March. The first presentation, titled “Iron Fist, Velvet Glove,” was given at Harvard University’s Fairbank Center for Chinese Studies on March 4. It examined Xi Jinping’s wars on corruption and extravagance, protest and dissent, and Western values and interests. The next day Kamm addressed more than 100 students at

Harvard Law School regarding “Encounters with China’s Criminal Justice System.” He used cases to illustrate aspects of China’s Criminal Procedure Law, including residential surveillance, deprivation of political rights, the death penalty, medical parole, and the treatment of individuals convicted of counterrevolutionary crimes. Also on March 5, Joseph Fewsmith, professor of International Relations and Political Science at Boston University, moderated a conversation at the university’s stately Castle. Titled “John Kamm: 25 Years of Activism,” the conversation attracted an audience of 45 students, faculty, and community members.

Two trips to Europe expanded community engagement overseas. In March, Kamm addressed an audience at Copenhagen University during an event co-hosted by the school’s Confucius Institute and the Danish Centre for Human Rights. The talk attracted Danish officials, Chinese and Danish scholars, students, and journalists. Kamm later spoke at the Norwegian Centre for Human Rights. Professor Emeritus Asbjørn Eide, one of

Dui Hua supporters gather for the annual Friends of Dui Hua holiday celebration.

9

and regions in 2015. When Dui Hua broke the story that American geologist Xue Feng had been released early, The New York Times was among the numerous media outlets to report.

In January, the South China Morning Post cited Dui Hua research on endangering state security arrests and indictments. The article included Dui Hua’s discussion of transparency and ethnicity as they relate to the likelihood of ESS charges and the availability of public information. ■

Contributions & SupportOur work is made possible with generous support from charitable foundations, governments, and an increasing number of individual donors. In 2015, Dui Hua benefited from multi-year grants by Smith Richardson Foundation and the governments of Denmark, Norway, Sweden, Switzerland, and the United States.

Individual donations from more than 200 people amounted to about $380,000, accounting for 33 percent of our annual

Norway’s most distinguished activist scholars in the field of human rights, introduced Kamm to discuss human rights in China.

In November, the executive director travelled to Lund, Sweden. There he delivered a lecture to law students on Dui Hua’s work at Lund University. The question-and-answer period focused on China’s Criminal Procedure Law. Capital punishment was another key piece of the lecture, reflecting national priorities in Sweden, as well as in Denmark, Norway, and Switzerland, European countries that provide government grants to Dui Hua.

Back in the United States, 50 Dui Hua supporters gathered in San Francisco for the annual Friends of Dui Hua holiday celebration. Honorable guests included local judges and leading lawyers, human rights and juvenile justice advocates, board members and staff, and the close relative of a Chinese prisoner of conscience.

In the media, Dui Hua was featured in well over 250 reports across more than 40 countries

revenue in 2015. An increase from 24 percent of annual revenue in 2014, growth in individual donations helped diversify Dui Hua’s revenue stream.

We are grateful to the many individuals, foundations, and governmental grantors who financed our work in 2015. Without their interest and support, our work would only be able to help a fraction of the at-risk detainees we currently serve. For a list of all of our generous contributors, see page 11. ■

Executive Director Kamm speaks at the Public Intellectuals Program, hosted by the National Committee on US-China Relations, on April 24.

33%donations came form individuals

10

Summarized Audited Financial StatementsThese statements are summarized from the financial statements audited by Lindquist, von Husen & Joyce LLP, San Francisco, California. All amounts are in US dollars.

STATEMENT OF FINANCIAL POSITION(as of December 31, 2015)

Assets Liabilities & Net Assets

Cash & cash equivalents 769,398Deposits & prepaid expenses 49,601Contributions receivable 888,014

Accounts payable & refundable advance 51,019

Net assets 1,655,994 Unrestricted net assets 567,483 Board-designated reserve fund 300,000

Undesignated 267,483

Temporarily restricted net assets 1,088,511

Total 1,707,013 1,707,013

STATEMENT OF ACTIVITIES(year ended December 31, 2015)

Unrestricted Temporarily Restricted Total

Support & revenue: Government & foundation grants 239,085 1,074,217 1,313,302 Individual & corporate contributions 372,908 6,500 379,408 Interest & other income 2,230 - 2,230 Foreign currency exchange net realized loss (512) (10,706) (11,218) Foreign currency exchange unrealized loss - (27,024) (27,024) Net assets released from restrictions 521,062 (521,062) -

1,134,773 521,925 1,656,698

Expenses: Program services 804,023 - 804,023 Supporting services: Management & general 139,707 - 139,707 Fundraising 91,156 - 91,156

1,034,886 - 1,034,886

Change in net assets 99,887 521,925 621,812

Net assets, start of year 467,596 566,586 1,034,182

Net assets, end of year 567,483 1,088,511 1,655,994

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Our Generous Contributors GrantorsMinistry of Foreign Affairs, DenmarkInternational Republican InstituteMinistry of Foreign Affairs, NorwaySmith Richardson FoundationSwedish International Development

Cooperation AgencyFederal Department of Foreign Affairs,

Switzerland Bureau of Democracy, Human Rights

and Labor, US Department of State

Patrons (from $25,000)Anonymous (2)*Charles Steven Monat Foundation

Limited

Benefactors (from $10,000)Anonymous (1)Tom & Jenny GormanJean HoffmanStephen O. LesserThe Rossotto FamilySir Gordon & Lady Wu

Sponsors (from $5,000)Anonymous (3)Hal & Sally FurmanJohn & Irene Kamm*

Supporters (from $1,000)Anonymous (8)Patsy & Donald ChanRaphael Che*Rev. Ronald C. ChocholDonald ClarkeJerome A. & Joan Lebold CohenMary Ann CollierJerome & Carol CrowleyGilbert Graham & Patricia LeeKenneth Grant & Constance TaubeGabriel Gunther-BrownThe Hassenfeld FoundationDouglas & Suzanne HenckChuck & Ann HooverLionel M. JensenHarry & Alice LamBenjamin Lee & Jianying ZhaJack LondenRoderick MacFarquharKen ManesSandy & Howard MarksDonald & Ann Munro

(in memory of Chen Ziming)Denis & Pamela RiceHon. Lillian SingHon. Julie TangJohn & Terese TerryHelen TomlinsonEdward L. & Mary Lee TurnerFrank & Cindy WongVincent V.C. Woo

Memorial FoundationAmelia YeungLinda K. Ziglar

Friends (up to $999)Anonymous (25)William AlfordCraig AllenShoichi AoyagiJames T. AreddyWilliam ArmbrusterFrankie K. Au-Yeung & Po Yan OrFather Peter BarrySylvania BatesMark Bayuk*Eric BjornlundShirley & Dennis BloomquistMatthew BrazilMichael & Sylvia BrownRichard & Martha BushStephan CampbellCharles & Joan CavinessChi Ho ChanFlora ChanElaine Chan-SchererRex Chen*Frank Ching*Tung Tung ChuChris ClaybaughGary & Nobuko ClearyAlison ConnerRuthann Ballou ConwayPatrick CranleyDennis CusackRoy & Kipp DelbyckCharles DelGrande*David DennyRobert DietzJianwei DingPaula DobrianskyClayton DubeRoland B. DuhnHon. Leonard EdwardsNiels ErichSerene FangJohn J. & Mary Beth Foarde*Fuming FongFrank & Esta FriedmanRichard Glover & Lily LeeThomas B. GoldCaroline Gillespie Gong

(in memory of Dr. Richard E. Gillespie)

Andrew Green & Emily GeeMargaret GreenJonathan & Natsuko GreenbergRobert Hamm

Benson HuangMatthew HurlockEarle & Kyle IrwinKenji ItoJuan & Patricia JayoRobert KatoMichael C. Kelly & Joan C. MazzottiDonald KeyserKidron International MissionsNorma Josef KinkelHon. Alfred P. Knoll & Diane KnollPetra KolonkoErnest & Margaret KuoMark Lambert & Laura StoneRichard & Harriet LarsenDennet & Claire LathamAlan & Mandy LawHon. Elizabeth LeeBruce LeitsteinEmily Leung & Ricky HoHerbert LevinLinda LewisWen LiuWinston & Bette LordTim Mangan & Lori WiderTim Mar & Melissa ChoyWilliam C. McCahill, Jr.Michael & Jennifer McCuneHon. Larry McKinney &

Carole McKinneyEugenio MenegonCynthia MiyashitaDora Moore

(in memory of Dr. Charles North Moore)

Jeffrey & Carolyn MuirWarren MuirLillian K. NakagawaAndrew NathanBret NewmanElaine NgSonia NgKathleen Nielsen*Kevin J. O’BrienCrispin S. Perdue Seth PetersonNancy PickfordJonathan D. PollackHon. Shackley F. RaffettoRoberta RaineMaxine B. Russell

(in memory of Darren Russell)Stephen A. Schlaikjer

Additional gifts were received through the Combined Federal Campaign, a workplace charity program, and AmazonSmile Foundation.

Helen SchneiderDonald ScruggsScott SeligmanDerek ShakabpaJude Shao*Joanna SheltonWilfred ShepardsonJim & Jean SilkSiwei Consulting Services Ltd.George So*Dorothy SolingerBarbara SpackDavid SpitzerDonald & Elizabeth StecklerWilliam A. Stewart

(in memory of Arun Stewart)Michael Strizich & Sheila GleesonRobert L. SuettingerMartha Sutherland &

Barnaby Conrad IIIFrederick C. TeiwesClayton & Christine TominagaSamson TuJoyce UllmanUrban RefugeGiovanni VassalloEzra F. Vogel & Charlotte IkelsLynn & Barbara-Sue WhiteKenneth WinstonIra & Jeanne WolfElla B. Wong YoungSam & Daisy YauKathryn YoungDiane Yowell & Ron MontaltoJohn & Rainbow ZengJon & Ellen Zinke

*Dui Hua Sustainer who gives recurring donations.

Matching GiftsCEB IconocultureSilicon Valley Community Foundation

Thank you for your support!

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