Joint statement on the first anniversary of Gao Zhen’s detention, demanding his urgent release

We, the undersigned organizations, express our grave concern at the ongoing detention of artist Gao Zhen (高兟), a 69-year-old US permanent resident and prominent figure in China’s contemporary art scene, who has now been imprisoned for a year without trial. 

On Aug.26, 2024, Gao was detained by Chinese police in Hebei province while traveling with his family on charges of “slandering heroes and martyrs.” His studio was raided by approximately 30 police officers, and several artworks were seized. Gao Zhen’s health continues to deteriorate in detention as he suffers from chronic lower back pain, requiring periodic wheelchair use, and chronic urticaria that demands daily medication. Gao’s wife, Zhao Yaliang (赵雅良), a U.S. resident, was placed under an exit ban on “national security” grounds and barred from leaving China. As a result, for the past year, his American citizen son, Gao Jia, has been unable to return to his home or school in New York.

The Chinese Communist Party (CCP) alleges that Gao violated the “Law on the Protection of Heroes and Martyrs” by producing works such as Miss Mao, Mao’s Guilt, and The Execution of Christ, which critically examine CCP leader Mao Zedong’s authoritarian rule and the Cultural Revolution that resulted in millions of deaths, including Gao’s father. These works were created well before the 2018 enactment of the Law on the Protection of Heroes and Martyrs, later amended in 2021, which criminalizes “insulting or defaming heroes and martyrs.” The law was passed with a unanimous vote in favor and no votes against or abstentions, highlighting the CCP dictatorship-imposed adoption rather than independent legislative debate. Prosecuting Gao under this law raises serious concerns of retroactive criminal punishment in violation of fundamental principles of legality, due process, and fair trial norms, which international law explicitly forbids.

Gao Zhen refused to plead guilty. If convicted, he faces up to three years’ imprisonment. Gao Zhen is now represented by human rights lawyer Mo Shaoping, known for defending high-profile dissidents such as Nobel Peace Prize laureate Liu Xiaobo. 

The use of vague, politically charged legislation against Gao Zhen constitutes a severe infringement on freedom of expression and artistic freedom, rights enshrined in Article 19 of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights (ICCPR). As a signatory, China has committed in principle to uphold the standards put forth in the agreement. 

The exit bans imposed on Gao’s wife and young child constitute collective punishment and violate the Convention on the Rights of the Child (CRC), which the People’s Republic of China has ratified — notably Articles 3, 9, 10, and 28 (best interests of the child; family unity; the child’s right to leave any country and to be reunited; and the right to education). 

Furthermore, imposing travel restrictions on Gao’s wife exacerbates the coercive conditions under which Gao is held, potentially creating a situation in which his wife’s freedom and his son’s safe return home with the accompaniment of at least one of his parents may hinge on Gao’s acquiescence to Chinese security forces. This constitutes a form of family intimidation and transnational repression, as direct and indirect travel restrictions on a dissident’s family member are aimed at effectively exerting undue pressure on a dissident to comply with Chinese law enforcement because his family’s freedom of movement is at stake.

With the trial expected to begin soon, the undersigned organizations express grave concern over Gao Zhen’s plight and the broader erosion of artistic freedom in China. Gao Zhen’s continued detention on the first anniversary of his arrest highlights the urgent need for international attention to safeguard the rights of artists, children, and those targeted by transnational repression. 

We urgently ask other relevant organizations, government bodies, and international institutions to speak out and join our call for the immediate and unconditional release of Gao Zhen, lifting the exit ban on his wife, and the safe return of his family to the United States.

Sincerely,

AR – Artists at Risk

ARC – Artists at Risk Connection

ARTICLE 19

Artistic Freedom Initiative

Assembly of Citizens’ Representatives, Hong Kong

Citizen Power Initiatives for China

C & G Apartment

Freedom House

Freemuse

Friends of Falun Gong

Human Rights Foundation

Human Rights in China 

Humanitarian China

Index on Censorship

NGO DEI

Safeguard Defenders

Stand with Hong Kong EU