Posted on 08/07/2002 8:40:04 AM PDT by tallhappy
Chinese 'dissident' jailed for Net download
Beijing - A Chinese dissident has been sentenced to 11 years in jail for downloading "reactionary" material from the Internet, the first such conviction in the country.
Li Dawei, 40, a former police officer from the north-western province of Gansu, was sentenced at the Tianshui Intermediate People's Court late last month, said Li's sister.
The Information Centre for Human Rights and Democracy in Hong Kong said online dissent involved groups or individuals posting "reactionary material" on the Web.
A growing number of dissidents have been arrested for online activities as official sensitivity to the Internet's subversive potential increases.
Li was condemned for downloading about 500 "reactionary articles" and compiling them into 10 volumes, said the centre.
Last week a dissident group published a "declaration of Internet users' rights" in protest at new website self-censorship rules.
- Sapa-AFP
Toronto Star
SECTION: BUSINESS; Pg. E04
LENGTH: 219 words
HEADLINE: China jails man for Internet downloading
BYLINE: Reuters
BODY: The Chinese government has sentenced a former police officer to jail for 11 years for downloading "anti-revolutionary" materials from the Internet, a human-rights group in Hong Kong says.
Li Dawei, 40, was the first person found guilty of subversion for downloading and printing material Beijing deemed to be anti-revolutionary, the Information Center for Human Rights & Democracy said in a statement yesterday. China had an estimated 45.8 million Internet users at the end of June, according to government figures.
A former police officer in the suburbs of Lanzhou in Gansu province, Li was arrested last year and sent to jail two months ago.
The Web sites Li had visited included www.89-64.com, a spokesperson for the human-rights group said in an interview.
The Web site is now for sale, the homepage said.
China last month announced new rules that threaten to fine or close down online publishers if they disobey an existing broad ban on content deemed politically unacceptable.
Since a fire at an unlicensed Internet cafe killed 25 people in June, China has closed or temporarily banned as many as 14,000 such businesses for failing to obey safety regulations.
Internet cafes are a common way for Chinese to get on the information superhighway, as few have personal computers at home.
It was a picture of a knife, fork and spoon.
Excellent point.
Anybody who has Internet access in China is a potential political prisoner.
If anybody doubts that given the power, she would act to arrest Americans for getting "subversive information" from the internet (like from here,,, etc) during a future time of "crisis" - they have not been paying attention to the evil that is the Hildebeast.
I'll betcha the scuttle butt is the fire was set by a(n) agent(s) for the ChiComms. Oh how convenient.
Here is a sample, from a thread on a Voir Dire Jury Selection:
"Judge McGroarty asked every prospective juror to enter the box "And will you promise to obey any instructions in the law I may give you, even should you disagree with one or more of them?"
(One poster's response)
"I think he's overstating the intent of the judge's question. What I think the judge is asking is "If I instruct you to disregard this witnesses' testimony, or instruct you not to discuss the case outside this courtroom or instruct you not to read or watch any news coverage of this case, will you be able to follow my instructions?"
" Judges believe that most of their decisions are based on the laws handed down by USOC or their state Supreme Court or an appeals court. IOW, that is "the law". When the judge makes these instructions, it is to insure a fair trial instead of a mistrial or a case overturned on appeal."
"I don't think the judge was asking them to rip up their legal rights and blindly follow the judge's every belief."
"Besides, if one is asked to sit on a jury, it is to determine whether the facts of the case match the law, not to decide if the law itself is fair or correct. I can believe prostitution should be legal but, while it is illegal, decide that a prostitute broke the law engaging in prostitution."
"I may disagree with some gun laws but, if someone is held in violation of that law, I can still agree that the defendant violated the law, which is generally what the jury is being asked to decide."
"If the author wants to *change* the laws, he should run for office."
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I guess Mr. Li's mistake was not running for Central Committee office. With a prospective juror pool like this, we may as well be ruled by a Central Committee, too.
Cordially,
We might. But there is a big difference between me and the average Chinese dissident: I will shoot some of the bastards first.
Besides, if one is asked to sit on a jury, it is to determine whether the facts of the case match the law, not to decide if the law itself is fair or correct.
What do you say of Jury Nullification?
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Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.
LINKS FIJA : The Fully Informed Jury Association The Jury Rights Project History of Jury Nullification Juror's Handbook The Citizen's Rulebook Jury Nullification and the Rule of Law Jury Nullification : The Top Secret Consititutional Right Try the Law Jury Nullification Jury Nullification - What the Hell is it? An Essay on the Trial by Jury (1852) SoapBox! Fully Informed Jury Page CRFC - Jury Nullification MEDIA In Jury Rooms, A Form of Civil Protest Grows - Washington Post ![]() What lawyers and judges won't tell you about juries, Progressive Review (1990) LAURA KRIHO CASE |
The Words of the Founding Fathers Jurors should acquit, even against the judge's instruction... It is not only the juror's right, but his duty to find the verdict I consider trial by jury as the only anchor yet imagined by man It will be of little avail to the people that the laws are made
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No. I'm sorry I didn't make myself clear enough. I agree with your sarcasm regarding those who think government law overrides human rights, and I was giving you an example of one such poster. I agree with the right of jurors to decide both the facts and the law, not just to be rubber stamps for tyrannical, unjust "laws", courts, and prosecutors. Thanks for the links. That's quite an impresive list.
Cordially,
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