China Dissident Loses Chance To Appeal In Subversion Case

BEIJING — One of China’s most prominent human rights advocates has missed the deadline to appeal his recent conviction for inciting subversion after prison guards denied him the chance to meet with his lawyer to discuss whether to proceed, his wife and his lawyer said Thursday.

The advocate, Hu Jia, 34, had faced a Monday appeals deadline. His lawyer, Li Fangping, said he went to the detention center on Monday afternoon intending to learn Mr. Hu’s decision on whether to appeal — a move his family encouraged.

But Mr. Li said he waited for several hours as prison guards prevented a meeting. He said he eventually drafted a motion for an appeal, but a guard refused to forward it to Mr. Hu for his signature. Instead, the guard instructed Mr. Li to mail the motion to the responsible court authorities — which he did a day later.

“I definitely can say that my work as a lawyer has been seriously restricted,” Mr. Li said. He said guards had told him that Mr. Hu was not available because he was undergoing a medical examination.

On April 3, Mr. Hu was sentenced to three and half years in prison after a Beijing court determined that his critical essays about the Communist Party threatened the state and incited subversion. His conviction elicited international condemnation, including from Secretary of State Condoleezza Rice.

Mr. Hu’s case was raised by reporters on Thursday at the Chinese Foreign Ministry’s regular news briefing. Jiang Yu, a ministry spokeswoman, said, “the case has been dealt with according to the law of process and the law of China.”

Mr. Hu is a well-known human rights crusader who helps AIDS patients. He also wrote a blog that provided information about other dissidents and social problems. His conviction was based on a handful of essays, often blistering, in which he criticized the party’s failure to improve its human rights record.

His wife, Zeng Jinyan, said she was uncertain if he wanted to appeal. She said she had tried to call the judge in charge of the case, but no one answered the telephone. “I don’t think we can do anything about the situation right now, unless the judicial system in China makes changes,” she said.

Ms. Zeng, a blogger, has been under virtual house arrest for months as she cares for her infant daughter. Two cars and eight security agents are posted outside her apartment building and follow her if she visits her parents or goes shopping, she said.

Mr. Li said Mr. Hu had also been considering seeking a medical parole because of health problems, including hepatitis B.

Zhang Jing contributed research.

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