By Jerome A. Cohen
There are obviously so many unanswered questions at this early stage of learning about the most recent manifestation of Xi Jinping’s New Era. The release by the Beijing police of the news that they have detained someone – anyone – by the shabby method of unofficially posting and reposting broad “hints” on Weibo must be nauseating to disinterested observers of comparative criminal justice. I assume there will soon be a formal official announcement clarifying the degree of punishment to be imposed on the hapless pianist. The reference to “administrative detention” suggests that Mr. Li may “only” be charged with a violation of the supposedly “non-criminal” Law for the Punishment of Violations of Public Order, which enables the police alone to punish minor offenders without the need to obtain approval from the procuracy and the court and without any significant guarantees of fair treatment. That would subject world famous Li to a fine and a maximum of 15 days in a very unpleasant police detention cell. It is also possible, yet unlikely, that he could be prosecuted for a formal “crime” that could result in a prison sentence as well as a long period of pre-trial police detention. If he proves as cooperative in responding to the accusation as reports suggest, no “criminal” charge may be brought, especially since enough has already been done to damage his reputation and perhaps end his career in China.
But why has he been singled out for detention on a prostitution charge when huge numbers of prostitutes’ customers are not pursued? Did he offend a leader by some remarks of a political or personal nature? Was he “set up” for this charge? Can one be confident that the facts alleged are true? Is this the use of the police as an instrument of revenge by some powerful person? Is this simply a part of the current campaign to transform and “purify” the entertainment and other industries? Will Li be allowed to leave the country after serving his punishment to pursue his career abroad? That seems unlikely.
Prostitution is such a time-honored Communist Party claim against political opponents that one has to be suspicious of this case. In any event, the manner by which the police have made the matter public only adds to the unsavory story.