Classmates fight to free jailed alum

By Simon Shuster
Contributing Writer
Tuesday, January 25, 2005
Stanford Daily

While students at Stanford's Graduate School of Business lay ambitious plans for the future, the fate of Jude Shao, Class of 1993 at the Business School, stands as a reminder that life does not always unfold as planned.

Despite the efforts of his supporters, who have doggedly lobbied to secure his release from prison in Shanghai, Shao is currently serving his sixth year of a 16-year sentence for what many observers view to be fallacious tax charges.

However, a number of recent developments provide Shao's supporters with renewed hope. These developments include the diagnosis of Shao's heart condition, diplomatic efforts by the U.S. State Department and overtures to solicit the help of newly appointed Secretary of State Condoleezza Rice.

Shao's lengthy prison sentence stemmed from his refusal to pay a $60,000 "special tax audit bond," which Shao considered to be a bribe. Chinese tax auditors, taking Shao's refusal as an insult, had him arrested and jailed incommunicado for two years. He was barred from hiring a lawyer until 10 days before the trial, and consequently, Shao could not prepare a meaningful defense.

In March of 2000, a Shanghai Court sentenced him to 16 years in prison for tax evasion.

The Effort from Home

Shao's friends and family have been unrelenting in fighting for his release. Chuck Hoover, Shao's former roommate at Stanford, spearheaded the Free Jude Shao Campaign, which is largely responsible for drawing public attention to the case and for soliciting government support.

"While Jude [Shao] is working the official appeals route in China, we - his classmates in the U.S. - are trying to find ways for the U.S. to influence China," said Lang Ahn Pham, another partner in the Free Jude Shao Campaign.

"We have cultivated relationships with our representatives from California, all of whom have been very supportive," Pham said.

Three members of Congress have also been working on Shao's case - Anna Eshoo (D-Palo Alto), Zoe Lofgren (D-San Jose) and Mike Honda (D-Campbell). They have co-authored numerous letters to both American and Chinese officials, including then-Secretary of State Colin Powell and Chinese Ambassador Yang Jiechi.

"I think it is very important to stay on it," Eshoo said in an interview with The Daily. "If you don't keep the pressure on, most frankly, these issues are forgotten."

A significant victory came after the representatives sent a letter to President George W. Bush last November. The letter urged Bush to bring Shao's case to the attention of Chinese President Hu Jintao at the Asia-Pacific Economic Cooperation summit.

The U.S. Department of State responded to the letter, saying James Kelly - assistant secretary for East Asian and Pacific Affairs - had taken time at the summit to lobby senior Chinese officials on Shao's behalf.

There is no word as to how the Chinese responded. But the letter from the State Department stated that the White House has "regularly raised [Shao's] case both publicly and privately."

Eshoo said these actions are "more than appropriate." But she felt it would have been more beneficial if Bush had raised the case "directly, one-on-one" with the Chinese President.

Nonetheless, these diplomatic efforts are "really imperative" for securing an early release, according to Hoover. "The support Jude has received on Capitol Hill has been instrumental in keeping his case in the public eye.

An Impassive System

Public diplomacy from the U.S. is especially important in Shao's case because working from within the Chinese judicial system has so far proven ineffective.

Shao has petitioned four times for new proof of his innocence to be reviewed, but he has received no reply from Chinese courts, Hoover said, "which is a violation of their own law."

"We do not have any confidence that the Chinese government will respond [to the petitions] and rectify this situation," he said.

This has made it necessary to place Shao's case in a political context, namely within the framework of the human rights dialogue between the U.S. and China.

John Kamm is one of the people working on this aspect of the case. Kamm is the founder and chairman of the Dui Hua Foundation, a non-profit organization dedicated to fostering human rights in China by means of diplomacy with the United States.

"The U.S. and China are discussing a resumption of the dialogue on human rights, which has been suspended since last march," Kamm told The Daily. "It's a very good sign that Shao is on the priority list of key cases on that agenda."

However, it is not clear where these diplomatic avenues will lead. If the goal is getting the Chinese system to grant a retrial or to admit new evidence, Kamm is skeptical about whether that can be achieved at all.

In a speech made at the 10-year reunion of Shao's graduating class, Kamm said that, for the Chinese government, granting Shao's legal petitions would amount to admitting that mistakes had been made in their courts, and in China this is simply unheard of.

Alternative Hopes for Release

Other news in the case has been bittersweet. Prison doctors recently diagnosed Shao with a heart condition that cannot be treated in China, Hoover said. Although tragic in itself, his condition will qualify him to be released from prison on medical parole.

According to Kamm, the prison warden would be allowed to grant the parole on his own authority. Therefore, Shao's release could bypass the Chinese government.

"In terms of early release from prison, the most probable route to success is medical parole," Kamm said.

If released this way, Shao would be allowed to leave China until he recovers from his illness. Legally, he would still be serving his sentence and could continue to petition the courts from abroad.

Shao applied for medical parole last June, but has yet to receive any reply, said Hoover. Diplomatic pressure could also be instrumental in winning the parole, which would allow the Chinese government to release Shao without admitting to any flaws in their legal system.

In terms of diplomacy, Kamm said Rice could be an "absolutely critical" ally in Shao's case.

"If she, in her new position, were to write a letter, it would have a terrific impact," Kamm said.

Hoover agreed, saying that "the current focus is to get a meeting with Condoleezza Rice, because we think it is important that the new Secretary of State is familiar with this case and that she bring it up with her Chinese counterpart."

Still, according to Kamm, it will not be any one letter that wins Shao's freedom.

"Rarely is it a single action or effort, but the accumulation [of them] that makes the Chinese government act on these kinds of cases," Kamm said. "So the road to that can be a long and winding one."