BEIJING MUNICIPAL PEOPLE'S PROCURATORATE BRANCH NO. 1


INDICTMENT

Beijing Municipal People's Procuratorate Branch No. 1 Criminal Indictment No.【2008】48

Defendant Hu Jia (aka: Hu Jia),1 male, born on July 25, 1973, identification card number: 110105197307254115, Han ethnicity, unemployed, location of household registration (hukou): No. 421, Bldg. No. 4, northern section of Shili Bao Street, Chaoyang district, Beijing; currently resides at No. 542, Bldg. No. 76, BOBO "Freedom City," Dongguoyuan, Tongzhou district, Beijing. Detained on December 27, 2007, by the Beijing Municipal Public Security Bureau ["Beijing PSB"] on suspicion of inciting subversion of state power. After this procuratorate's approval, the Beijing PSB formally arrested the suspect on January 29, 2008.

After the Beijing PSB concluded its investigation of Hu Jia’s suspected crime of inciting subversion of state power, it transferred the case to this procuratorate for review for prosecution. After this procuratorate accepted the case, it informed the defendant on February 18, 2008, that he had the right to entrust a defender, interrogated the defendant according to law, and examined all the materials in the case.

Through investigation conducted according to law, the following has been ascertained:

Stemming from his dissatisfaction with our country's people's democratic dictatorship and socialist system, from June 2001 to October 2007, defendant Hu Jia, published many articles on the Internet. Using Boxun and other foreign Web sites, he repeatedly published one inciteful essay after another, such as: "When We Catch the Democracy Train, East Asia, the Sleeping Lion, Will Suddenly Awake," "Old Mr. Lin Mu Passed Away Today at Around 2 p.m.," "Guo Feixiong, Jiang Wei, and 'Shenyang Political Earthquake,'" "One Country Doesn't Need Two Systems," "China's Political and Legal Systems Create a Widespread Atmosphere of Fear Ahead of the 17th Party Congress," and "As National Day and the 17th Party Congress Approach, Police Continue To Violate the Rights of Citizens." During this period, he also accepted interviews with the Sound of Hope Network.

In his writings and during his interviews, Hu Jia maliciously started rumors and engaged in slander, for example: "China's human rights calamities erupt daily;” "the autocratic system's path of survival is simply to continuously 'exploit people,' the only thing that grows in the soil of the autocratic system is greed, corruption, and abuse of power; the system fabricates a so-called 'harmonious society,' and then repeats boasts, empty words, clichés, useless words, and falsehoods tens of millions of times – this is completely a dose of poison, the ruling party uses it to seek quick relief regardless of the consequences, and then drags the whole population to be buried alive with the dead.”

The following are instances of incitement: "We launch a challenge to this kind of autocratic system;" "I am truly ashamed that our country is ruled by this kind of organization, and estimate that it won't live past a hundred years old; if it doesn't disintegrate, then it will be quietly transformed, as the last dynastic reign, the Communist Party should die a natural death." Through the above-mentioned inciteful conduct, Hu Jia tried in vain to achieve the purpose of subverting our country's state power and socialist system.

The above-mentioned inciteful articles written by Hu Jia have been linked to and re-posted by many foreign Web sites; material from interview recordings have been made into audio streams or transcribed by foreign media into articles with the topics: "Hu Jia Discusses the Situation Surrounding the Kidnapping of Lawyer Gao [Zhisheng]" and "Launching a Peaceful Challenge to the Autocratic System," and have been published in the Epoch Times and other foreign Web sites.

Defendant Hu Jia, after committing a crime, has been apprehended and brought to justice.

Evidence that establishes the above-mentioned facts is as follows:

Statements and explanations of the defendant, witness statements, examination and record of the crime scene, expert conclusions, material evidence, documentary evidence, audio-visual materials, among others.

According to this procuratorate, Hu Jia disregarded our laws, started rumors and engaged in slander, and also used other methods to incite subversion of state power and to overthrow the socialist system; his criminal acts are major and his conduct violated paragraph 2 of Article 105 of the PRC Criminal Law. The facts of the crime are clear, the evidence is reliable and sufficient, and he should be prosecuted for criminal responsibility for the crime of inciting subversion of state power. According to Article 141 of the PRC Criminal Procedure Law, this procuratorate initiates public prosecution and requests punishment according to the law.

End

Beijing No. 1 Intermediate People's Court

Procurator: Zhang Rongge

Acting Procurator: Wang Cuijie

7 March 2008