CCP undermining the right to protest in the birthplace of European democracy

A few months ahead of the Beijing Winter Olympics, in October 2021, activists gathered at multiple locations in Athens to protest China’s hosting of the Games. In an alarming turn of events, Greek police arrested several of the activists. Some were arrested for unfurling banners, others for simply handing out fliers or, even just attending the “No Beijing 2022” events. Some were released without charge, others were acquitted after trial. For three activists, their trials were postponed until later in 2023. 

Photo: Free Tibet

Before travelling to Greece, the activists – who were mostly Hong Kongers and Tibetans from Switzerland, the USA and Canada – tried to engage with International Olympics Committee (IOC) officials. They explained that hosting the Olympics in an authoritarian country that commits genocide was a violation of the Olympic Charter, which ensures that the games promote “a peaceful society concerned with the preservation of human dignity”. However, their arguments fell on deaf ears. Frances Hui, the director of “We The HongKongers”, told Index that IOC officials dismissed them, saying “you’re young, this is a complicated issue.”

Another activist, Zumretay Arkin, director of the World Uyghur Congress Women’s Committee, told Index that protesting at the Olympic flame lighting ceremony “was an opportunity for us to counter Beijing in Greece.” 

While the activists knew there are always risks involved in protesting, they were not particularly worried. The most common tactic used to silence dissidents abroad – threatening the safety of loved ones – could not work as most activists involved had no direct family left in their homelands. Tsela Zoksang, a Students for Free Tibet member, told Index: “I have the privilege to raise my voice up against the CCP, unlike many communities who remain under the brutal rule of the CCP, and so I think I have a duty to amplify their voices and their stories.” Greece’s position as a member of the EU also reassured the protesters. According to Pema Doma, one of the activists and Executive Director at Students for a Free Tibet, they believed it “very unlikely that a country of the EU would act on orders of the Chinese government”. These beliefs were unfortunately misplaced.

Fern MacDougal, Jason Leith and Chemi Lhamo outside the Greek jail after their action. Photo: Free Tibet

CCP involvement

On 18 October, activists congregated outside the flame lighting ceremony. The activists planned to stand outside the security cordon and hand out flyers to journalists as they entered the Temple of Hera. 

The activists were first approached by a Greek police officer curious about their activity but were left undisturbed. This soon changed. According to four activists that Index spoke to, the Greek officer spoke to an individual who identified themself as and was dressed in the uniform of, a member from the Chinese Embassy. The Greek officer insisted that “They’re just sitting there, I don’t see why they shouldn’t be allowed to sit there”. According to the activists’ retelling, this was met with the firm instruction to “make them leave. Tell them they can’t stay here”. They were moved from the entrance car park to a public pavement.

The activists had spotted other plain-clothed Asian men earlier taking photos of them. These same men approached the Greek police, and after a short discussion the activists were detained by Greek police officers. They were arrested without being informed of their rights and taken in unmarked cars to Pyrgos Police Station. 

The Greek police possess broad powers to arrest activists for unsanctioned actions. Avgoustinos Zenakos, an investigative journalist from the Manifold Files, told Index: “The Greek police interpret these laws in their favour…This means whether it is abused or used in an honest way depends on the culture of the police rather than the letter of the individual law.” During an official visit to Greece, the UN Working Group on Arbitrary Detention reported that they received “credible information involving non-nationals in pre-trial detention who were detained exclusively on the basis of police testimony, including when there was other evidence that did not support the guilt of the persons involved.” 

The protesters believe that the decision to arrest them was not made by the police alone. Doma told Index: “We knew right from the beginning it was the Chinese Embassy staff directing the Greek police quite directly, quite closely, you know, telling them exactly what to tell us”.

The next day, another group of activists were detained after holding a press conference to discuss the CCP’s human rights abuses to members of the media. The event was monitored by unknown individuals, some of whom attempted to stare down and harass the activists. When some of the activists confronted the individuals and asked them where they were from they laughed before replying, “We’re from China”. Tsering Gonpa, a Tibetan Youth Association of Europe activist, and Tenzin Yangzom, Grassroots Director at Students for a Free Tibet, climbed into a taxi together after the event and immediately heard sirens. Their passports were confiscated and they were escorted to the Athens police station.

“We were extremely shocked by the CCP’s influence and leverage in democratic Greece. We knew the situation was bad, but we certainly didn’t expect this level of transnational repression,” Yangzom told Index.  

According to Zenakos, to find criticism of Greece’s relationship with China, including Chinese state ownership of key Greek assets and Greece’s involvement in key initiatives such as the 16+1 grouping of countries and China’s “One Belt, One Road” strategy, “you would have to dig deep.” These all raise questions as to whether increasing economic entanglement is leading Greece to become overprotective of its relationship with China. For instance, in 2016 Athens pushed for an EU statement on the South China Sea to be amended to remove criticism of Beijing and a year later it vetoed an EU statement at the UN Human Rights Council condemning human rights abuses in China. According to media reporting, this was the first time the EU didn’t make a statement of this nature at the council

Mistreatment in the police stations

On 17 October 2021, Tesla Zoksang and Joey Siu, and one other anonymous activist, planned to install a banner onto the outer-walls of the Acropolis. Within about two minutes of ascending, a security guard approached and cut down the banner. The activists remained perched on the scaffolding watching police cars arrive before they were escorted down. Greek barrister Alexis Anagnostakis, who represented the activists, told Index that “the activists’ removal from the protest site, their arrest, and their remand in police custody was a disproportionate interference with their rights for freedom of expression and assembly, as is their criminal prosecution.” Anagnostakis was also surprised by the escalation “since similar protests on the Acropolis reportedly have never before been prosecuted.”

According to Tsela Zoksang, at the police station during an interrogation, one activist who wished to remain anonymous, was told by Greek officials that a representative from the US embassy was there to see them. However, the representative later allegedly admitted to being from an unspecified Greek agency. With assistance from the non-profit Vouliwatch, Index submitted an FOI request to the Greek police, attempting to verify these claims but were denied the disclosure on the basis that Index does not have “specific legitimate interest”. Index has lodged an appeal. 

Other detained activists were not informed of their rights or what crime they were alleged to have committed. When the activists detained outside of the press conference asked why they were being detained an officer told them “to be completely honest with you, I don’t know why we’re taking you with us but I got orders from the higher ups”.

They were asked to sign documents without an English translation. After refusing, Zoksang reported that the officers “began getting very angry and frustrated. They were saying, ‘You are disobeying me, you are disobeying the law.’ I said, ‘No, but I can’t sign something if I don’t know what it says’”. They were told they would be punished for not signing documents and giving their fingerprints but at the time of going to press, nothing has yet come of this. The activists were also asked a series of seemingly irrelevant questions such as their parents’ names. Given the potential involvement or presence of CCP-affiliated actors in their detention, they feared this information would be shared with the Chinese authorities, potentially imperilling their ability to travel and the safety of any family members in CCP-jurisdiction. 

Every Tibetan is an activist 

Chemi Lhamo, a Tibetan activist, explained to Index: “Every Tibetan that was born after 1959 is born an activist … because your existence is by default political in nature when you are born stateless.” 

While the Games still went ahead, the campaign nonetheless left its mark. As Lhamo told Index, “There was a moment of time, in the world, in the busy world that we are in, when people stopped for a moment to ask, ‘what’s happening? What’s happening within Tibet?’” 

The diplomatic boycotts were also found to have had a major impact on viewership. Yangzom told Index that the oppression of the activists was “vindication that the work that we’re doing is making an impact and we must be doing something right – so we mustn’t give up and keep raising our voices on behalf of Tibetans inside Tibet and all those oppressed.”

All charges against the Acropolis actors were dropped on 17 November 2022. Michael Polak, their British ‘Justice Abroad’ barrister, stated “It is hoped that the acquittals today will send a strong message that legitimate peaceful protest and assembly, of the type banned totally in China and Hong Kong, will be allowed even when it hurts the fragile sensibilities of the Beijing and Hong Kong regimes.”

Yet, the charges against others for attempting to “pollute, damage and distort” the historical monument of Olympia, punishable by up to five years in prison, still stand. The original trial against Lhamo, Jason Leith and Fern MacDougal was delayed before being again pushed back to November 2023. MacDougal told Index she worries “the delay in trial has the effect of both avoiding public discussion of the human rights violations that we took action based on and of obscuring the meaning of our action.” 

Lhamo also noted that “it is another year of waiting, and having a pending court case has its own consequences which seem to unfold in various ways for us.” She elaborated to Index that she is “lucky” to have continued support from the lawyers and organisations, but the charge is a significant barrier for them to engage in more direct actions and affects their ability to travel. Yet she emphasised: “Don’t feel anxious for us [about the court case] … Let’s channel that energy of solidarity and support to the folks we are actually working for, those inside Tibet.”

Contents – Crown confidential: How Britain’s royals censor their records

The winter issue of Index takes as its central theme the censorship of British royal history.

With the recent death of Queen Elizabeth II putting the UK under increased global scrutiny, Index looked at the battle to access royal archives.

Index spoke to historians, academics, and writers, and were surprised at the number of historic files on the Royal Family which are unavailable, and the absurdity of the reasons for denying access to some of them. We have one simple request: end this secretive culture by opening up official archives related to the Royal Family.

Up front

Royal secrecy has no place in a democracy by Jemimah Steinfeld:  We need an end to the UK tradition of keeping royal archives secret.

The Index by Mark Frary: The latest news from the free speech frontlines. Big impact elections, stirring words from the sister of a jailed British-Egyptian activist and a note on billionaire social media takeovers

Features

Mexico’s truth stares down barrel of a gun, by Chris Havler-Barrett: An overreaching military tightens its firm grip in a country mired by violence.

The war the world forgot, by Jemimah Steinfeld: Inside the book exposing the raw truth of the ongoing war in Yemen.

A dissident hero, by Jo-Ann Mort: A journey back to the dissident foundations of Index, through Pavel Litvinov’s memories.

The truth is in the telling, by Kaya Genç: Who decides the limits of disinformation? In Turkey, the government wields the power.

Reaching for an emotional flak jacket, by Rachael Jolley: Trauma takes its toll on journalists, whose mental health is swept under the rug. But are times changing?

Bad seeds, by Vandana Shiva: In seed banks in India, farmers claw back control and give a voice to nature.

Singapore’s elastic band of a Public Order Act, by Kirsten Han: A threat of prison for peaceful protesters, unless you’re in with the right people.

Hong Kong’s valiants with a message for the world, by Yeung Willie Sau: Even in in the face of totalitarianism, the activist chronicling protesters’ journeys refuses to be silenced

Press under pressure, by Alessio Perrone: A new government threatens further erasure of media freedom in Italy – just don’t call them right-wing.

Radical timelines, by Lili Rutai, Mehran Bhat, and Muqeet Shah and Andrew Mambondiyani: A round-the-world tour of social media’s power to both platform and silence.

Tapestry of tyranny, by Katie Dancey-Downs: The embroidery collective stitching stories of Belarus’s political prisoners.

Special Report: Crown confidential

Crown confidential, by Martin Bright: An exclusive Index investigation into the extent Britain’s royals want to control their own story.

Secrets, lies and a costly legal battle, by Andrew Lownie: One historian’s hard fight to reveal the truth about the Mountbattens.

A royal reckoning, by Jenny Hocking: The Queen meddled in an Australian election and then meddled in the history.

Comment

Down with a disclaimer, by Marc Nash:  The crowning glory of the argument against labelling art in the case of The Crown.

The Satanic Verses is the rude contrary of the authoritarian lie, Hanif Kureishi: A celebration of Salman Rushdie’s work and an unwavering stand against the spectre of fascism.

Jamaica needs to be a republic – now, by Roselea Hamilton: Support for the monarchy is fading on this commonwealth island.

Report first, talk later…, by Richard Sambrook: Has pressing emotional buttons become the driving force of news?

UK law risks criminalising the innocent, by Danny Shaw:  The most draconian piece of legislation in years will kill protest.

Crowning glory, by Ben Jennings: Announcing the birth of a right royal cartoon.

Challenge the gatekeepers, by Ruth Anderson: We need a conversation about where lines are drawn and by whom.

Culture

Russia’s exiled author writes back: by Martin Bright and Zinovy Zinik: An exclusive new story from an author who escaped under the Iron Curtain.

The Unbeaten, by Jemimah Steinfeld: Unpacking samizdat success, writing from Ukraine and keeping creative spirit alive, over coffee with Andrey Kurkov.

The smile that says a thousand words, by Katie Dancey-Downs and Danson Kahyana:  A Ugandan poet turns the trauma of an attack into an act of bravery.

Truth, down under, by Francis Clarke and Diane Fahey: Falling for fake news like lemmings off a cliff.

Last word, by Masih Alinejad: The Iranian activist on the growing protest movement and what book she’d read in prison.

The Saudi problem: can human rights ever trump trade?

“Are you proud of being Foreign Secretary of a country that trades with a country that actually crucifies people in public?”

Interviewer Jayne Secker had a point when she asked James Cleverly this on a Sky TV show last weekend.

The Foreign Secretary was quick to respond to the allegation.

“I have spoken with the Saudis about our long-standing principled position on the death penalty as I do with pretty much all countries around the world that maintain the death penalty. Saudi is…an important, influential country in the Middle East and it’s incredibly important that we maintain an ongoing bilateral relationship with Saudi. Some of that includes trade but also in terms of security counter-terrorism work…We have seen real changes over the last decade [but] I want to see those changes go further and faster.”

In its recently released 2021 Report, the FCDO points to progress in the country’s application of the death penalty – “only” 65 individuals were executed in 2021 and the FCDO reports this is a decrease from 184 executions in 2019. The FCDO suggested this may be related to death penalty reforms announced in 2020, including a moratorium on the death penalty for drug-related offences and ‘discretionary’ crimes committed by juveniles.

This ‘leniency’ has not lasted. In the year to the end of November 2022, 144 people had been executed including 81 on a single day in March.

Many argue that Saudi’s growing importance to the UK, particularly during the war in Ukraine is blinding the UK government to human rights abuses in the country – or at least giving them cover for their current level of inaction. Saudi Arabia is the UK’s 25th largest trading partner, accounting for £13.7 billion of imports and exports of goods and services. The figure is up 25.9% year on year, meaning that there will be pressure from the Treasury and the Prime Minister to keep relations cordial.  

The FCDO clearly has concerns about Saudi. In the report, it says of the country that “political space and freedom of expression remained severely restricted, and there remained a culture of self-censorship and fear”.

However, it recognised progress on women’s rights, citing the lifting of restrictions on female employment, the reform of guardianship laws and the release of prominent women’s rights defenders, including Loujain al-Hathloul.

One woman who has not been released is University of Leeds student Salma al-Shehab. It is now 23 months to the day since Salma was arrested when she returned from the UK, where she was studying for a PhD in dental hygiene, to Saudi to visit her family.

Salma had infuriated the Saudi regime solely for tweeting her support for Saudi women’s rights defenders like Loujain al-Hathloul. So while the release of Loujain al-Hathloul gave the Saudi regime a few positive lines in the FCDO report, other people, like Salma, remain in prison.

Salma was later sentenced by Saudi’s notorious Specialized Criminal Court (SCC) under various parts of the country’s Counter-Terrorism Law and the Anti-Cybercrime Law for “supporting those seeking to disrupt public order, undermining the safety of the general public and stability of the state, and publishing false and tendentious rumours on Twitter.

Her sentence is 34 years in prison, longer than the sentence that would be applied to a terrorist bomber or hijacker. Like other Saudi women who fall foul of the regime, Salma has also been slapped with a travel ban for a further 34 years following her sentence.

The FCDO promises it will do more.

In the report, it says: “The UK will continue to engage closely with the Saudi authorities, particularly in areas where there is real Saudi appetite for change such as judicial reforms, women’s rights and the death penalty. The UK will continue to raise individual cases of human rights concerns with Saudi counterparts at ministerial and official level and attempt to attend these trials.” Confirming that UK engagement will be potentially guided by “areas where there is real Saudi appetite for change” enables the regime to dictate terms and raises the obvious question – what will the UK do to increase that appetite to other areas of importance, such as reform of the SCC and ending the criminalisation of online free expression?  

The signs are not great.  A letter we sent to James Cleverly in October along with 13 other human rights organisations elicited a weak response from the Foreign Secretary’s office. Others are also not convinced by the FCDO’s promises to press the Saudis further. The London-based NGO ALQST, established in 2014 by Saudi Arabian human rights defender Yahya Assiri, has issued its own report, Human Rights and the UK-Saudi Relationship, in the past week.

In it, ALQST says the FCDO’s report gives “an unduly generous account of the Saudi leadership’s reform programme, and accepted several claims by the authorities that observers on the ground have strongly challenged”.

It goes on to make 17 recommendations to the UK government, including exerting public and private pressure on the Saudi Arabian authorities to improve their human rights record, including on thematic issues and, crucially, individual cases of concern.

It also calls for consular and embassy officials to continue to request access to relevant trial hearings such as those involving prisoners of conscience, and the UK government should press the Saudi authorities on the issue of court access in support of the right to a fair and open trial. The likelihood of this happening is remote. In a response to a written question tabled by Conservative MP Crispin Blunt on 19 March 2020, relating to the trial of Saudi women’s rights activists in particular, the Government said “The UK attends trials of international importance in all countries where permitted. The UK, along with other embassies in Saudi Arabia, has requested and been denied access to each and every trial we have been aware of since October 2018, with the exception of the trials for those involved in the killing of Jamal Khashoggi.”  

It has also called for the UK government to designate Saudi Crown Prince Mohammed bin Salman, who is on the shortlist for Index’s Tyrant of the Year poll, as an individual target for financial sanctions under the UK Global Human Rights regime.

However, the US Government’s decision to grant the prince sovereign immunity in the civil case over the murder of Khashoggi makes this recommendation seem like an exercise in wishful thinking as opposed to something with a genuine chance of success.

According to Cleverly, the UK government will not comment on incidents, instead prioritising actions. In his words “Britain has agency and leverage and we are using it to shape the course of events.” He is saying this at a time where a significant number of British citizens, or those connected to the UK, have been persecuted and detained by authoritarian states. This includes Alaa abd el-Fattah, imprisoned in Egypt, Jimmy Lai who is charged under Hong Kong’s National Security Law, as well as Index award-winner, Sophia Huang Xueqin, who, while not a British citizen, was selected for a Chevening Scholarship prior to her arrest and disappearance in China. While it was hoped that the UK government had learnt lessons from what happened to Nazanin Zaghari-Ratcliffe, whose detention in Iran was arguably prolonged by UK government actions, this frailty at the heart of the UK’s foreign policy sends a powerful signal to those seeking to silence British citizens – you can do so with very little resistance from the UK government. It also tells British journalists, researchers, academics or anyone who expresses themselves online, please do not depend on us.

If there is a single case where the UK government could really prove its intention to hold Saudi Arabia and others to account when it comes to human rights, it is that of Salma al-Shehab. It is a case where the alleged crime took place in the UK. If James Cleverly really wants to send a message to the country’s leaders that the relationship between the two countries isn’t just about trade, he should call for her immediate release.