A small victory by an amateur poet in Chongqing
On August 31, Qin Zhongfei, a low level official in Pengshui County, Chongqing City, was interrogated for writing a satirical poem criticizing prominent local officials and for circulating the poem among his friends. The next day, Qin Zhongfei’s wife was notified that the county was detaining her husband.
An official with the county Bureau of Education, Qin Zhongfei was very fond of poetry and has been writing for years. During August, he wrote a poem criticizing three local officials—the former county party secretary, the current county magistrate and the current county party secretary—for embroiling the county in “fierce conflicts between officials and the people.” The poem also poked fun at two local scandals and 3 unnecessary construction projects in his county. Qin Zhongfei felt his poem was very good and used text messaging to send it to 10-15 of his friends. He also used a popular instant messaging program called “QQ” to send the poem to 4-6 other friends through the Internet.
When policemen came to question him at his office, Qin Zhongfei was surprised, referring to the poem as “nothing serious.” After his arrest, the county public security bureau announced that anyone who received the poem should come to be questioned. The purpose of the investigation was to learn how many people received the poem. A total 40-50 people were questioned and afterward everyone but Qin Zhonfei was released. However, those who passed on the poem were reportedly put on a list that would deny them future promotions and appointments.
On September 11th, the county public security bureau announced Qin Zhongfei was formally arrested for suspicion of engaging in slander, a crime that is punishable by up to 3 years in prison. After hearing the news Qin Zhongfei’s wife left her son with her grandmother and began seeking legal assistance in the city of Chongqing.
By this point, fear of being implicated was spreading. According to a friend of his, during this time Qin Zhongfei purposefully avoided contact with others so as not to implicate them. Likewise, many of his friends also distanced themselves for fear of implication. Still, some were unable to avoid their role in distributing the poem. Specifically, a primary school principal named Han Jiazhen lost his job. During this time, the county public security bureau refused to comment on the case.
For much of this time, Qin Zhongfei’s issue was little known outside the county. However, a blog told the story of Qin and referred to the proceedings in Pengshui as a literary inquisition. This blog triggered a snowballing disgust with the county officials who ordered the arrest of Qin and an increasing criticism of the county’s handling of the case.
The Pengshui government held several meetings hoping to contain the notoriety of the case. Still, concern for the issue grew and officials told Qin Zhong’s wife that her husband could be paroled but she declined. She had received legal advice that advised that if her and her husband accepted parole they would pass up a chance to publicly clarify the reasons surrounding her husband’s imprisonment.
Qin was more desperate. On September 28, Qin Zhongfei admitted guilt in order to gain parole. He wanted to leave the court case behind him. His first words after meeting his lawyer were “I’ve come out of this without a single friend.”
A spokesman for a local official argued that Qin Zhongfei’s actions were very serious since they have caused instability and generated enough bad press to deter foreign investment into the county. Qin Zhongfei’s legal defense disregards those claims, saying that the county government could choose to have private trial but they chose a public one.
On October 19, the Southern Metropolitan Daily reported the story, effectively putting the ordeal of Qin and the paranoid Pengshui officials under national spotlight. There was immediate national condemnation of the Pengshui efforts to silence criticism and to limit freedom of speech.
On October 24, amid growing concern about the case, the county public security bureau cleared Qin Zhongfei of all charges, apologized, and asked him to seek damages. According to the Chinese law, those who are wrongfully detained can seek damage payment at the daily national average wage. The 2005 national daily average of China is RMB 73.3. Qin was detained for 29 days and paid a total of RMB 2125.7.
Possibly as a result of Qin Zhongfei’s case, one reporter mentioned that every person he spoke with in the county showed concern for their right to free speech. He went on to say residents also expressed a profound mistrust of government explanations.
Despite the resolution of the case for Qin Zhongfei, articles are still being published examining the case. They criticize 2125.7 yuan is not sufficient compensation for 29 days of detainment. They also condemn the county public security bureau, claiming they did not have the right to investigate and arrest Qin Zhongfei.
For online Chinese reports of the case, see 彭水诗案中的言论自由问题.
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