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China activists charged over 'Jasmine rally' call

China scraps death penalty for some crimes
Beijing (AFP) Feb 25, 2011 - China on Friday eliminated capital punishment for some economic crimes, as it moved to curb use of the death penalty in a country believed to execute more people than the rest of the world combined. The standing committee of China's National People's Congress passed an amendment to the nation's criminal law that took 13 offences off the list of 68 crimes punishable by death, the legislature said on its website. "The 13 crimes that have been exempted from the death penalty are mainly economic and non-violent crimes," Lang Sheng, a parliamentary member, told reporters. "Of course we still have capital punishment and these crimes punishable by death are based on the needs of our economic and social development, the actual situation of social safety," Lang said, according to an online transcript.

State media said crimes that are now exempt from capital punishment included tax fraud and "carrying out fraudulent activities with financial bills". Other offences taken off the list included smuggling cultural relics, precious metals and rare animals, as well as "robbing ancient cultural ruins". The amendment, which was first submitted in August, also exempts from capital punishment anyone over the age of 75 at the time of trial, unless they have committed murder "with exceptional cruelty", Xinhua news agency said. Previously, only convicts younger than 18 or pregnant at the time of trial were exempt. The new rules take effect on May 1.

According to Amnesty International, China executes more people each year than the rest of the world put together, but the exact number remains a closely guarded state secret. "Only full disclosure of data on executions will prove if this legal change has a real impact in practice," Catherine Baber, Amnesty's Asia-Pacific director, told AFP. "We are urging the Chinese government to come clean and publish their own data. The courts have the numbers and they should publish the numbers." China has taken measures in recent years to rein in the use of capital punishment, including requiring the country's supreme court to review all such sentences before they are carried out.

Most executions are imposed for violent crimes such as murder and robbery, state media have said, but drug trafficking and some corruption cases are also punishable by death. Of the 68 crimes previously punishable by death in China, 44 did not involve violent acts. In a report issued last year, Amnesty said the number of people executed in China was "believed to be in the thousands", compared with second-ranked Iran, which the rights group said carried out at least 388 executions in 2009. Firing squads have traditionally been used in Chinese executions, but in recent years the state has increasingly adopted lethal injections. The amendment also made drunken driving and "racing cars" on public roads criminal offences, Lang said -- upgrading them from simple traffic violations.
by Staff Writers
Beijing (AFP) Feb 25, 2011
Police have levelled subversion charges against several top activists who urged Middle East-style protests in China, in what appears to be a severe crackdown on dissent, rights groups said Friday.

Ahead of an appeal for fresh "Jasmine rallies" in 13 Chinese cities on Sunday, skittish authorities in Beijing called the foreign press into line, telephoning journalists and using state media to reiterate the reporting rules.

More than 100 activists have been subjected to interrogation, house arrest and other restrictions or have "disappeared" since the online "Jasmine" campaign first surfaced last week, the Chinese Human Rights Defenders said.

Police are now beginning to file charges against those rounded up, CHRD director Renee Xia said in a statement.

"The numbers point to a bad situation that is only getting worse," Xia said.

"In the matter of a few days, we have seen more cases of prominent lawyers subjected to prolonged disappearances, more criminal charges that may carry lengthy prison sentences for activists, more home raids, and a heavier reliance on extra-legal measures."

Leading writer Ran Yunfei and Liang Haiyi were among those charged with subversion, while veteran dissidents Ding Mao and Chen Wei -- both imprisoned after the 1989 Tiananmen democracy protests -- were charged with inciting subversion, the Hong Kong-based group said.

A fifth activist, Hua Chunhui, was arrested on charges of "leaking state secrets" -- a vague charge often used in China to silent dissent.

"Signs are emerging to indicate that the current crackdown may be one of the most severe actions taken by the government against Chinese activists in recent years," the CHRD said.

In China, charges of subversion, incitement of subversion and leaking state secrets almost always result in conviction, the group said.

The New York-based Human Rights in China described the clampdown as having "a severity rarely seen in the past few years".

Online campaigners this week urged people in 13 Chinese cities to rally every Sunday to press for government transparency and free expression, following last week's calls for protests echoing those sweeping the Arab world.

Calls for protests last Sunday sparked a heavy police turnout at designated protest sites in Beijing, Shanghai and other cities. The events appeared lightly attended, however, and free of major incidents.

In Beijing, authorities have erected giant blue barricades in front of a McDonald's in the central Wangfujing shopping district, apparently to block access to the designated protest site for Sunday.

Journalists were also called to order, with authorities telephoning numerous media outlets or requesting meetings on Friday to remind them they are required to obtain consent before interviewing any individual or organisation.

AFP received a call from Beijing police reminding journalists about the interview rules, and also to carry their press cards when covering news events.

"Journalists must apply for approval... before they conduct interviews in Beijing," the China Daily reported, citing the city's information office, but without saying who would authorise such requests.



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