China Democracy Party member Xie, Changfa(谢长发) was sentenced to 13 years imprisonment
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Date: 9/1/2009 3:30:28 PM
Sender: CDP
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China Democracy Party member Xie, Changfa(谢长发) was sentenced to 13 years imprisonment
The case of China Democracy Party member Xie, Changfa, was sentenced at the six judicial tribunal of the intermediate court in Changsha city on Sep 1,2009. Xie, Changfa was sentenced to 13 years in prison for the crime of inciting subversion of the state's political power.
“I protest, this is shameless behavior.” Xie, Changzhen, Xie, Changfa's brother, cried on the spot.
The adjudication division lasted for about twenty minutes. Seven of his friends sat in at the tribunal. A friend expressed his surprise for the 13 years imprisonment. Xie, Changfa didn’t say a word of his sentence, his mental condition looked worse than his court hearing at eh end of April.
The authority based the “crime of inciting subversion of the state's political power” on his involvement in organizing China Democracy Party and convening the first meeting of China Democracy Party.
Picture of Xie, Changfa.(source of picture:provided by interviwee)
Ma, Gangquan, Xie's defense lawyer, said Xie was exercising his freedom rights of Citizens' association, assembly, and didn't constitute a crime.
“From the point of his subject intent, He just wanted to organize China Democracy Party, and to hold the first meeting of China Democracy Party.” “There is no regulation in our country’s constitution that stipulates the establishment of China democracy and its first meeting, or the behavior of convening the first meeting constitute crime of illegal establishment of political party or illegal gathering. There is no crime stipulated in the Constitution and therefore the charges against him didn't construct crime.”
Xie, Changfa(middle),member of China Democracy Party with his friends.
Ma, Gangquan said Xie should appeal within 10 days after the sentence.
Insiders reveal that Xie's case was handled by city and upper level of Changsha government. Right now Xie is held in Changsha detention house for custody. But when his friends asked the detention house, the response was “there’s no such person”.
Insiders also said the content of the judgment showed 10 years of government surveillance from 1998 to 2008. The surveillance includes Xie's personal activities and places he went to, his every movement was recorded.
Xu, Wenli and Wang,Youcai, who were also involved in organizing China Democracy Party in 1998, were once sentenced up to 10 years for the crime of inciting subversion of the state's political power. One of Xie's friends said the authority obviously see Xie as a leader of China Democracy Party, and tried to disorganize the organization of China Democracy Party.
中国民主党人谢长发被判处十三年徒刑
中国民主党成员谢长发一案，星期二（9月1日）上午在长沙市中级法院第六审判庭宣判，谢长发被以“颠覆国家政权罪”判处十三年徒刑。
“抗议，这是无耻的行为。”谢长发的弟弟谢长祯当庭怒喊。
宣判庭进行了约二十分钟就结束。到庭旁听有七位谢长发的友人，一位友人表示，对十三年徒刑的判决结果感到诧异，谢长发对宣判不发一语，他的精神状况看起来较4月底庭审时要差了一些。
当局把谢长发参与组建中国民主党、召开民主党一大会议等行为，作为他构成“颠覆国家政权罪”的依据.
谢长发的辩护律师马纲权表示，谢长发是行使公民结社、集会的自由权力，不构成犯罪。
“从他（谢长发）的这个主观故意来讲，他只有想组建中国民主党，召开中国民主党一大（会议）的愿望。”“我们国家刑法里也没有规定你组建民主党、组建中国民主党一大，或者是你召开一大会议，就构成非法组建政党罪，或者非法集会罪。国家刑法里面并没有这样一项罪，所以指控他的一系列言行，我们认为他不构成犯罪。”
马纲权表示，谢长发应该会在宣判后十天期限内提起上诉。
知情人透露，谢长发一案是由长沙市市级和以上的中共部门在处理。目前谢常发被关押在长沙市看守所，但他的友人向看守所询问时，对方回应“查无此人”。
判决书内容显示，知情人还说，中共当局对谢长发的监视从1998年至2008年，长达十年，包括谢长发的人事活动、到了哪些地点，每一举动都被监视记录了下来。
1998年参与组建中国民主党的徐文立、王有才，也曾经被以“颠覆国家政权罪 ”判处十年以上徒刑。谢长发的一位友人表示，当局显然也将谢长发视作中国民主党的主要领袖，企图以对他的判刑来瓦解民主党的组织形式。
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