The Beijing police department said Wednesday that Ai Weiwei has been released on bail because of his good attitude in confessing his crimes as well as a chronic disease he suffers from.

The decision comes also in consideration of the fact that Ai has repeatedly said he is willing to pay the taxes he evaded, police said.

The Beijing Fake Cultural Development Ltd., a company Ai controlled, was found to have evaded a huge amount of taxes and intentionally destroyed accounting documents, police said.

From The Guardian:

Ai’s younger brother Ai Dan told the Guardian he had no information on his brother. The artist’s wife and mother could not be reached immediately and Ai’s phone remained switched off.

NPR’s Louisa Lim, however, reported on Twitter that:

Ai Weiwei’s mother Gao Ying said she’d only heard about his release through the media, no idea when he’d be back. “We won’t sleep tonight”

…and:

Ai Weiwei’s mother Gao Ying said she didn’t want to comment on Ai’s confession until she’d talked to son, and seen his condition

Further details will be posted as they emerge.

Update: Independent confirmation of Ai’s release has come, first from his lawyer, Liu Xiaoyuan, who tweeted “I sent Ai Weiwei a text message at 11 o’clock. He just replied: he’s out!” Liu also stated (via Louisa Lim) that tax evasion need not carry criminal liability as long as due taxes are repaid.

Ai has arrived back at his studio, apparently looking thinner than before.

ITV’s Angus Walker pointed out that the release comes on the eve of Wen Jiabao’s trip to Germany and the UK; it might therefore have been intended to set a favourable tone for the visit.

There is no news of other missing members of Ai’s circle.

Update: The Telegraph recounted a carefully guarded conversation with Ai following his return home:

“I’m out, I’m back at home,” Mr Ai told The Daily Telegraph by phone, his voice notably softer than before his incarceration, “please understand, however, that I cannot accept interviews”. Asked how he was treated while in detention, Mr Ai again deferred to his bail conditions, but hinted that there were no imminent court proceedings against him. “I am out on bail for one year, that is all I can say,” he added.

Asked whether his bail would also prevent him using Twitter – a medium he used prolifically before his arrest – Mr Ai only managed a tired laugh, repeating apologetically that he was unable to speak further.

The New York Times provides more detail on Ai’s legal situation, as well as current photographs of the artist:

“Bail” is the shorthand commonly used as an English translation of the Chinese term “qubao houshen,” which means obtaining a guarantee pending trial [but see Siweiluozi's proposed alternative translation, "obtaining a guarantee pending further investigation"]. It generally means that prosecutors have decided to drop charges against a suspect on certain conditions, including good behavior, and subject to monitoring during over a period of time during which charges could be reintroduced.

“This is a technique that the public security authorities sometimes use as a face-saving device to end controversial cases that are unwise or unnecessary for them to prosecute,” Jerome A. Cohen, a scholar of the Chinese legal system, said in an e-mail. “Often in such cases a compromise has been reached in negotiation with the suspect, as apparently it has been here.”

Mr. Cohen said Mr. Ai’s release “is very good news and perhaps the very best outcome that could have been expected in the circumstances of this difficult case ….”

Mr. Cohen said the circumstances of “qubao houshen” usually meant that the detainee had agreed to limitations on his or her behavior, and that the case could be quietly dropped if the detainee adheres to that agreement and other compromises made. Legally, the police can continue to pursue the case for up to one year. During that time, the suspect is allowed freedom of movement, but the police generally hold on to the person’s travel documents.

Cohen discussed the situation at greater length on the U.S. Asia Law Institute site:

It is important to remember that, although the announcement claims Ai has “confessed his crimes”, no formal charge has ever been made against him; he was apparently not even formally arrested” (逮捕), not to mention indicted (起诉). Ai has thus not had to plead guilty to any crimes, although the term “renzui” (认罪), or admitting guilt, has been used in the press report. He can end the tax obligations by payment with interest, and perhaps a fine, as the press report says he is willing to do.

The decision to grant QBHS has little to do with the rule of law, but everything to do with the untramelled exercise of discretion enjoyed by Chinese authorities. This outcome makes clear that great international public pressure plus significant domestic and personal guanxi (关系, connections) can be a potent combination even in the case of someone who went further than anyone before him in openly thumbing his nose (and other body parts) at the Communist regime. Undoubtedly, Ai’s star talent, his family history and global support from the artistic community helped a lot.

An article in the Guardian was dismissive of suggestions that Ai’s release deliberately coincided with Wen’s Europe visit:

“I think the timing is one of coincidence rather than a deliberate signal,” said Roderic Wye, a China analyst from the Chatham House thinktank. “In the post-Tiananmen days, there was the occasional high-profile person released, but usually before a US presidential visit rather than a trip to Europe, with all due respect to our leaders. The whole point for China is: we don’t give in to pressure these days, China is big enough to make its own decisions without taking foreign pressure into account.”

Elsewhere at the Guardian, however, Human Rights Watch’s Nicholas Bequelin placed greater weight on the role of international pressure:

“His detention was political and his release is political. It is the result of a huge domestic and international outcry that forced the government to this resolution … I think Beijing realised how damaging it was to hold China’s most famous artist in detention,” he said.

Amnesty International similarly noted the timing, along with the continuing detention of Ai’s associates and the risk that his release might lead into a long and harsh period of house arrest like that of Chen Guangcheng.

“His release on bail can be seen as a tokenistic move by the government to deflect mounting criticism.” said Catherine Baber, Amnesty International’s Deputy Director for the Asia Pacific.

“It is vital that the international outcry over Ai Weiwei be extended to those activists still languishing in secret detention or charged with inciting subversion.”

Amnesty International is calling for the immediate release of Ai Weiwei’s four associates Wen Tao, Hu Mingfen, Liu Zhenggang and Zhang Jinsong, who all disappeared into secret detention after Ai was detained ….

“While Ai Weiwei’s release is an important step, he must now be granted his full liberty, and not be held in illegal house arrest as has been the pattern with so many others recently released from arbitrary detention.” said Catherine Baber.

In keeping with the “one out, one in” pattern of releases and detentions, Beijing human rights lawyer Xu Zhiyong has now been detained, according to Weibo reports. Xu has recently been quoted in connection with China’s independent candidate movement, having successfully run for the People’s Congress in Beijing’s Haidian district in 2003. He has been involved in an extremely wide range of issues, most recently the pursuit of equal education rights for students regardless of their hukou status. From a 2009 LA Times article published following an earlier detention in 2009:

Xu’s law firm was one of the few in China willing to represent the parents of the nearly 300,000 children sickened and the six who died last year as a result of dangerous milk additives.

Since its founding in 2003, the firm, also known as Gongmeng, has not shied away from sensitive topics. It challenged China’s secret detention centers, the so-called black jails, after a 27-year-old graphic designer who was arrested for failing to carry his identification card died in custody. Xu represented an editor of the hard-hitting newspaper Southern Metropolis Daily who was arrested in 2004 on what were widely seen as politically motivated bribery charges.

This summer, Xu’s firm joined the chorus of voices opposing a requirement that all computers sold in China come preinstalled with software that would filter out pornographic or controversial content.

But Xu is by no means a dissident, preferring to work within a system he has hoped to improve, not overthrow.

Xu’s organisation, like Ai Weiwei’s, was accused of tax evasion, but the charges collapsed last August. Read more about Xi Zhiyong via CDT.

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It could be argued that Gongmeng was an isolated case of government interference in China’s NGOs, but a report on disaster relief fund management by Deng Guosheng, associate professor of Tsinghua University’s School of Public Management and Policy, tells a different story

According to Deng’s study, by November 2008, public donations to help disaster relief in the aftermath of the Sichuan earthquake in May last year, many made through NGOs, totaled some 65.252 billion yuan (US$9.5 billion) – excluding donations in kind. However, about 58% of the total (37.9 billion yuan) went to various government agencies, 36% went to government-designated Red Cross organizations, charities and foundations and only 5.9% ended up with local foundations less affiliated to the government.

Deng found that part of the 36% that went to government-designated organizations in fact eventually went to government departments. Some specifically-designated donations were even ultimately channeled to government units for “the purpose of overall planning”. Altogether, according to the report, more than 80% of total relief donations ultimately ended up in government accounts.

Thus, ironically, while Beijing encourages NGOs to play a bigger role in disaster relief (which is non-political), government departments and officials have found ways to keep NGO hands off relief funds donated by the public.

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Under strict censorship controls, the vast majority of Chinese journalists are suffocated with a silent fury over such trumped up allegations. But this week instead we’ve seen the opposite — media aggressively opening fire on a so-called “illegal organization.”

On August 26, the Beijing News reported that Zhao Yang (赵阳), a member of the City Administrative Department of Nanjing’s Xuanwu District – this is the office that runs the local brigades of non-police ‘city inspectors’ charged with keeping public order in China’s urban neighborhoods – had been charged with organizing an online “national joint session of city administrative department heads.” Zhao had dared to hold an event without proper registration and in the name of a social group, so this amounted to the act of “illegal organization.”

The reporter following up on the story came across this organization’s statutes. They discovered that the organization had a founding chairman, an honorary chairman, a rotating chairmanship, a managing director, a deputy director, an executive council and so on. It had set up an administrative headquarters, and even had a membership fee system in place. It had already held three national conferences, had issued awards and conferred titles. It had decided on national standards for city inspector identification. For all intents and purposes, it was the national guild for city inspectors in China.

The report caused an uproar. For the authorities to see “illegal organizations” as thorns in their side, that was one thing. But it seemed like a great big joke for government officials like city administrative department heads to be participating in such organizations. The media followed up on the story and found that the organization behind these joint sessions was in fact a private company, which was scooping up all of the funds. A private company boss, in other words, had been toying with city administrative department heads across the country, offering public relations and crisis management services to address the poor public image of city inspectors.

Read more about the “city inspectors,” or “chengguan” via CDT.

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A pioneering Chinese legal rights advocate, who had been detained for more than three weeks and accused of tax evasion, was released on Sunday but might still face prosecution, he and his lawyers said.

Xu Zhiyong, co-founder of the Open Constitution Initiative, or Gongmeng, had been out of contact since he was seized from his home by security officials at dawn on July 29.

Xu, surrounded by friends and supporters after his release, said: “I think this outcome was the result of pressuring and urging from many friends and many quarters. We’ll have to see what it means, and we can’t entirely exclude the possibility of prosecution. But if that happens, I’ll defend myself vigorously.”

Zhou Ze, one of Xu’s attorneys, said the investigation might continue.

Update: The New York Times reports that Xu’s colleague Zhuang Lu was also released, as was Uighur writer Ilham Tohti:

Chinese authorities unexpectedly released three political activists from detention on Sunday, including one whose case had drawn worldwide attention.

Officials offered no reason for the releases, but they occurred one day after the new American ambassador to China, the former Utah governor Jon M. Huntsman Jr., arrived in Beijing.

[...] Beijing authorities also released Ilham Tohti, an economist, Internet activist and ethnic Uighur who had been detained after deadly riots erupted in western Xinjiang region in early July.

Mr. Tohti, 39, ran a Web site called Uighur Online, a popular forum for ethnic Uighurs, who live mostly in Xinjiang, to discuss issues important to them. After the July rioting, Xinjiang’s governor, Nur Bekri, charged that the site had helped foment the violence by spreading rumors.

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Almost no one in China has heard of Zhuang Lu, which is hardly surprising. Plainly dressed and introverted, the 27-year-old office assistant completed her mundane daily tasks – booking tickets, paying bills – with minimum fuss. Then, three weeks ago, she disappeared.

Family and colleagues believe she is being held in a detention house in Beijing. Like her boss Xu Zhiyong, a prominent human rights lawyer who has fought a string of high-profile cases, she was taken from her home at dawn on 29 July by security officials. But unlike Xu’s detention, which has made headlines internationally, her disappearance has gone unnoticed outside her immediate circle.

“Information about her has always been out. But because the main focus has been on Xu, not many people have noticed her case,” said their colleague Yang Huawei.

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Mr. Xu, 36, is a founder of the Open Constitution Initiative, known in Chinese as Gongmeng, a nonprofit group that often has taken on high-profile cases involving ordinary citizens’ civil rights. The government shut down the organization’s legal center on July 17, three days after accusing it of tax violations, and the police seized Mr. Xu on July 29.

In an interview on Tuesday, his attorney, Zhou Ze, said Mr. Xu was formally charged on Aug. 12. Mr. Xu could face seven years in prison if he is tried and convicted. The prosecutors now must seek an indictment, but that is widely considered a formality.

The government’s main accusation is that Mr. Xu’s group failed to pay taxes on a $100,000 grant from Yale that was earmarked for the legal center. But human-rights advocates and foreign political analysts are agreed that the charges are politically inspired, part of what seems to be a growing effort by security officials to shut down independent advocacy and especially advocacy that is supported with foreign funds.

See also “Why have they taken citizen Xu?” from Chinayouren:

There has been some speculation on the net – especially on Chinese official media – about whether Xu’s NGO really had taxes unpaid and why. This discussion is completely beside the point, unless the Global Times explains that it is normal to be abducted 3 weeks for a first-time, minor tax offense. No, the real reason why Xu has been arrested can be understood in this Xinhua article issued last week:

In the national Justice conference the Minister of Justice Wu Aiying required: […] lawyers in our country must support the party leaders, adhere to the scientific development concept as a guide, uphold socialism with Chinese characteristics, ensure the correct political direction in lawyer’s work.

The message is simple, you do things with the party or against the party. There is no middle ground, and trying to find it by studying hard and following the law simply will not do. Because the party leaders are above the law.

And a post called “Sodom” by Leung Man-tao, translated by Danwei:

My friend Xu Zhiyuan (???) also wrote a deeply moving essay, “Our Generation,” (“??????”) in which he wrote that two years ago Xu Zhiyong had spiritedly said to him: “The 2008 Olympics will bring along with it a huge opportunity for reform. When the whole world has its eyes on Beijing, political authority will be restrained, and different grassroots organizations will use the opportunity to expand civil society.” I am not unfamiliar with this speech because I have expressed similar opinions: I was once full of hope for a China that had experienced the Wenchuan earthquake and the Beijing Olympics. Whenever a foreign journalist finds me to discuss China’s dark aspects, I would remind them at the end to always look on the bright side of things, just as I once reminded you to do.

And that brighter side included Xu Zhiyong and his partners at Gongmeng, and the rising group of rights lawyers, and the countless other warm-hearted people who want to do good things. But this country’s corruption, this social coldness, it’s as if everything is maintained through the tacit understanding of 1.3 billion people and certain lies. Even so, there are still many people who give up their time and go hither and thither for other people’s children, such as Tan Zuoren; and there are also many people willing to sacrifice the life that they could have enjoyed, instead choosing to knock doors for their fellows in trouble, such as Xu Zhiyong. I even optimistically put the government into this category, because at least they once let the rays of light sway in the murkiness. Perhaps they too will be swept up with it, and when they put in a vote by their foot, they’ll see how important the existence of good people is. If Heaven permits that you’re able to find someone good in Sodom.

Also, see “Xu Zhiyong and What His Detention Means for Rule of Law in China” by Elizabeth Lynch on Huffington Post and an article from the Guardian. Read more about Xu Zhiyong and Gongmeng, via CDT.

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Days ago, OCI lawyers went to tax office to pay the fine.

To astonish everyone of us, officials decided that they’re not going accept it! In their defense, they don’t accept it when they don’t have corporate representative present, who is Xu Zhiyong, who can’t be present because police confined him.

I’m not an expert on law, I’m just an ordinary citizen, yet even an ordinary citizen can tell injustice from justice, arbitrary government behavior from law enforcement.

As if they haven’t had their fun, the administration put Sichuan activist Tan Zuoren [on trial] just yesterday, during which all defendant witnesses have been arrested or even beaten by police on their way to the courthouse, and a great number of journalists got harassed or confined.

Where is justice? Where is law? Where is human right?

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What happened to the Open Constitution Initiative has been widely discussed by fellow domestic non-governmental organizations (NGOs) in China.

[...] Some scholars and domestic NGO leaders showed sympathy for the organization, saying Xu had no other choice. It’s extremely difficult to register as an NGO, according to them.

Yu Jianrong, a researcher at the Rural Development Institute, Chinese Academy of Social Sciences, stated in an article: “The identity dilemma for the Open Constitution Initiative is a tragedy for our society.”

[...] There were 386,916 official and unofficial NGOs registered with the Ministry of Civil Affairs by the end of 2007. That number only accounts for NGOs registered at civil affairs bureaus across the country. A far larger number of NGOs are either registered at local administrations for industry and commerce or not registered at all, according to Lu.

The Beijing Yirenping Center belongs to the larger group. It was visited by a police officer and two plainclothes officers from the Cultural Market Administrative Law Enforcement Office of Beijing on July 29. The officers said they received a report that the center was involved in publishing without a license. They searched the center and confiscated more than 90 copies of China’s Anti-Discrimination Legal Action Newsletter.

Lu explained to them that printing documents like fliers and newsletters is a major task of NGOs. Otherwise they would not be able to publicize relevant laws and information to the public.

The newsletters were published in small numbers and given out free at seminars, not public places. Therefore they should not be taken as a publication.

Read all of CDT’s coverage of Gongmeng and Xu Zhiyong.

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Xu’s law firm was one of the few in China willing to represent the parents of the nearly 300,000 children sickened and the six who died last year as a result of dangerous milk additives.

Since its founding in 2003, the firm, also known as Gongmeng, has not shied away from sensitive topics. It challenged China’s secret detention centers, the so-called black jails, after a 27-year-old graphic designer who was arrested for failing to carry his identification card died in custody. Xu represented an editor of the hard-hitting newspaper Southern Metropolis Daily who was arrested in 2004 on what were widely seen as politically motivated bribery charges.

This summer, Xu’s firm joined the chorus of voices opposing a requirement that all computers sold in China come preinstalled with software that would filter out pornographic or controversial content.

But Xu is by no means a dissident, preferring to work within a system he has hoped to improve, not overthrow.

And from the Australian:

“I’m prepared for the worst to happen,” the activist Beijing lawyer, 38, told The Australian only days before he was arrested. “I have no fear.”

He was prepared for such an event after his well-known but politically risky legal-aid group Open Constitution Initiative, also known as Gongmeng, had been shut down on July 17 after a morning raid by Tax Department officials.

Dr Xu said his aim was to protect the rights of all civilians and especially those who protected the dignity of law and constitution of China.

Now a growing number of non-government organisations who, like OCI, operate with the assistance of foreign funding are being harassed.

Journalist Susan Jakes also writes about Xu, whom she has known since 2004, for China Beat.

Update: The Chinese Law Prof blog has posted more links about this case, including the original sanctioning decision from the State Tax Administration.

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Taken together, the raids appear part of a tightening of controls on critical voices in the run-up to Oct. 1, the 60th anniversary of the founding of the People’s Republic of China. The two NGOs are among a growing number here using the law to hold authorities to account on issues such as food safety, patient rights, and illegal detention.

But they share another common thread: Both received grants from American and other foreign donors. The tax fine for Open Constitution Initiative, the group headed by Mr. Xu, was assessed largely on a donation from Yale Law School. Xu, a lawyer and elected legislator, is being detained on suspicion of tax evasion, according to an OCI official.

The harassment of these and other foreign-funded NGOs in Beijing has raised fears of a Russian-style squeeze on civil society. [...]

An alternate view in Beijing is that the groups targeted had pushed too aggressively into forbidden political zones, setting off a reaction. NGO workers and experts on civil society say the investigations into taxes and licenses are a smokescreen for a clampdown on legal activism, including the recent disbarring of 20 civil rights lawyers in Beijing.

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