CHINA: ARBITRARY DETENTION OF TWO ONLINE COMMENTATORS

The International League Against Arbitrary Detention urges the Government of China to take all the necessary actions to implement the United Nations Working Group on Arbitrary Detention Opinion No. 9/2025 concerning Ji Xiaolong and Chen Pinlin, asking the Government of China to immediately and unconditionally release Ji Xiaolong and Chen Pinlin and to accord them an enforceable right to compensation and other reparations in accordance with international law.

Read the full WGAD Opinion concerning Ji Xiaolong and Chen Pinlin (China): Opinion No. 9/2023.

ARREST AND DETENTION OF TWO CHINESE COMMENTATORS

Ji Xiaolong is a citizen of China born in 1976. He is a prominent human rights defender and online commentator who previously founded and ran a business in Shanghai.

Mr. Ji was first summoned in 2015 for “picking quarrels and provoking trouble” under Article 239 of the Criminal Law of China. He was given 15 days’ administrative detention as a punishment for writing articles online about democracy and constitutionalism. Mr. Ji then spent three and a half years in prison from 2018 to 2022 for his “toilet revolution” campaign criticizing the country’s leadership and the Communist Party. Detained in July 2018, he was held under “residential surveillance in a designated location”, then tried and convicted in January 2019. Since Mr. Ji served his sentence in Baimaoling Prison in Shanghai City’s where he faced torture and ill-treatment. He was released in February 2022.

He was arrested again on 31 August 2022 at his home, for the same reason, by officers from the Pudong New District Branch of the Shanghai Public Security Bureau without any warrant. He has been in continuous detention since, with a formal arrest on 23 September 2022 and an indictment on 17 March 2023.

On 27 October 2023, he was convicted and sentenced to four years and six months in prison. His appeal against the sentence was heard on 17 March 2024 and ultimately rejected on 17 April 2024. It is believed that he was moved to ward 8 at Shanghai New Prison in early June 2024.

Chen Pinlin is a citizen of China born in 1991. He is an online commentator and was previously the manager of a company.

Mr. Chen was arrested on 28 November 2023 at his home in Shanghai for “picking quarrels and provoking trouble” under article 293 of the Criminal Law. He has been in continuous detention since. Mr. Chen was formally arrested on 5 January 2024 and indicted on 3 April 2024. He is currently being held at the Baoshan District Detention Centre in Shanghai.

The Government accepted the opportunity to contest the above allegations and provided its response on 25 November 2024.

ARRESTED WITHOUT A WARRANT AND DETAINED UNDER VAGUE LAW

When Mr. Ji was arrested on 31 August 2022, the police officers reportedly did not produce a warrant in violation of article 83 of the Criminal Procedure Law. Mr. Chen was also not presented with a proper arrest warrant when he was arrested at his home on 28 November 2023. The Government did not contest these allegations in its reply. The Working Group thus found that Mr. Ji’s and Mr. Chen's arrests were conducted without legal basis, violating articles 3 and 9 of the Universal Declaration of Human Rights.

Additionally, Mr. Ji and Mr. Chen were both charged under article 293 of the Criminal Law of China for “picking quarrels and provoking trouble”. The working Group recalled that this provision does not define what amounts to picking quarrels and provoking trouble, leading to a vague and imprecise provision failing to meet the principle of legality. The Working Group emphasized that in this situation, detention are likely to result in arbitrary deprivation of liberty.

Considering all of the above, the Working Group found that Mr. Ji and Mr. Chen’s arrest and detention lacked a legal basis, rendering their deprivation of liberty arbitrary under category I.

DETAINED FOR EXERCISING THE RIGHT TO FREEDOM OF OPINION AND EXPRESSION

The source alleged that Mr. Ji’s detention was primarily because of his online criticism of the Government and of government officials, activities that fall within the legitimate exercise of the right to freedom of expression. As for Mr. Chen, he was detained one day after posting a documentary video online about the “White Paper Protests” that occurred in Shanghai on 26 November 2022. His indictment specifically mentions his publication of this documentary. The Government failed to demonstrate the threat posed to national security with those publications. The Working Group noted that peaceful documentation and dissemination of information about protests fall within the right to freedom of expression. Hence, the Working Group concluded that the applicant's detentions violated article 19 of the Universal Declaration of Human Rights, protecting the peaceful exercise of their rights to freedom of expression.

In light of this, the Working Group found that Mr. Ji and Mr. Chen’s detention was arbitrary under category II.

VIOLATIONS OF THEIR RIGHT TO A FAIR TRIAL

According to the source, authorities deprived Mr. Ji of access to counsel for longer than 48 hours after his request was made, past the limit set by article 39 of the Criminal Procedure Law. His lawyer was also not permitted to read his case files during a visit on 26 April 2023, a violation of article 40 of the Criminal Procedure Law. Regarding Mr. Chen, he was not allowed to meet his lawyer during the first month of his detention, only meeting with his current legal counsel on 8 February 2024. Mr. Chen’s lawyers were also not allowed to copy the data from his phone and computer, which was being used as evidence against him. The Working Group recalled the essential nature of the right to legal assistance and concluded that there was a violation of articles 10 and 11 of the Universal Declaration of Human Rights due to the restriction placed on both applicants' access to legal assistance.

Mr. Ji’s trial, held on 21 June 2023, was closed to the public. During the trial, he was kept in handcuffs and forced to sit in a cage behind metal bars. The Working Group found that the restriction on the public nature of Mr. Ji’s trial constituted a violation of his right to a fair trial, as well as his presentation in court being incompatible with the presumption of innocence guaranteed under article 11 (1) of the Universal Declaration of Human Rights.

Furthermore, in Mr. Ji’s case, the materials prepared by Mr. Ji for his defence were confiscated by the detention centre, and he was only told of his hearing on the morning of the trial day, despite national law requiring trial summons to be sent at least three days in advance. Regarding Mr. Chen, access to his case files was often obstructed by the authorities and his lawyer was not allowed to copy important data for his defense. The Working Group found that those restrictions amounted to a violation of article 11 of the Universal Declaration of Human Rights, as it impaired them to prepare their defense.

Therefore, the Working Group found that both individuals’ detention was arbitrary under category III.

DEPRIVED OF LIBERTY ON THE GROUNDS OF POLITICAL OR OTHER OPINION

As noted by the source, Mr. Ji and Mr. Chen both appear to have been targeted due to their criticism of government policies and officials. Their detention followed the expression of their political opinions, with no explanation from the Government to refute such a conclusion. The Working Group thus found both Mr. Ji and Mr. Chen’s detention violated articles 2 and 7 of the Universal Declaration of Human Rights due to the discrimination they suffered.

The Working Group thus considered that both Mr. Ji and Mr. Chen were deprived of their liberty on the grounds of their opinions, rendering their detention arbitrary under category V.

CONCLUSIONS OF THE UN WORKING GROUP AGAINST ARBITRARY DETENTION

In light of the foregoing, the United Nations Working Group on Arbitrary Detention considered that the detention of Ji Xiaolong and Chen Pinlin was arbitrary and fell under categories I, II, III, and V because the deprivation of liberty of Ji Xiaolong and Chen Pinlin was in contravention of articles 2, 3, 7, 9, 11, and 19 of the Universal Declaration of Human Rights.

The Working Group recommended that the Government of China take the steps necessary to remedy the situation of Mr. Ji and Mr. Chen without delay and bring it into conformity with the relevant international norms, including those set out in the Universal Declaration of Human Rights. The Working Group considered that, taking into account all the circumstances of the case, the appropriate remedy would be to release Mr. Ji and Mr. Chen immediately and accord them an enforceable right to compensation and other reparations, in accordance with international law.

The Working Group also urged the Government to ensure a full and independent investigation of the circumstances surrounding the arbitrary deprivation of liberty of Mr. Ji and Mr. Chen, as well as to take appropriate measures against those responsible for the violation of their rights.