China gives rights lawyer suspended sentence

BEIJING (Reuters) - In a rare display of official tolerance, outspoken Chinese human rights lawyer Gao Zhisheng was sentenced to three years in prison for subversion but execution of his sentence was suspended, meaning he could walk free.

Gao, 42, was given a five-year reprieve, the official Xinhua news agency said on Friday, quoting sources with a local court. That meant he does not have to serve his sentence unless he commits another crime over the next five years.

It was unclear why he was given a relatively lenient sentence, coming on the heels of a 20-year jail term for sociologist Lu Jianhua for leaking state secrets.

But he was also deprived of his political rights for one year, which would prevent him from speaking to reporters and might mean he could be kept under house arrest or surveillance.

Gao was accused of posting nine "seditious articles," including one entitled "The Regime Has Never Stopped Killing People," on overseas Web sites such as Epochtimes.com and SecretChina.com, Xinhua quoted the Beijing No. 1 Intermediate People's Court as saying.

"In the articles, Gao defamed and made rumors about China's current government and social system, conspiring to topple the regime," the court said.

He also granted 10 interviews to overseas media, including the U.S. government-funded Radio Free Asia, Xinhua said, adding that they were made into audio programs and posted on media Web sites.

China secretly tried Gao this month on a charge of inciting subversion of state power, drawing condemnation from dissidents.

The hearing excluded Gao's chosen lawyers, Mo Shaoping and Ding Xikui, who have not been allowed to visit him.

In China, "inciting subversion" covers acts such as publishing statements critical of the ruling Communist Party. It is a charge that usually brings a jail term of less than five years, but longer in serious cases, according to legal experts.

Gao was detained by Beijing police in August, after months of escalating confrontation with authorities -- he is one of several activists held or jailed in a crackdown on campaigners seeking to use legal activism to expand citizens' rights.

His wife, Geng He, and other relatives have faced police harassment and house arrest, supporters say.

Activists welcomed the lenient sentence.

"As a friend, I'm happy he can go home back to his wife and children," AIDS activist Hu Jia told Reuters by telephone from his Beijing home where he has been under house arrest for months.

"This is the result of the endeavors of the international community and activists. This is our first victory," Hu said. "Gao Zhisheng is innocent and the case itself is an infringement of his human rights."

In a high-profile political case earlier this year, Zhao Yan, a Chinese researcher for the New York Times in Beijing, was sentenced to three years in prison for fraud but a more serious charge of providing state secrets to foreigners was dropped.

(Additional reporting by Vivi Lin)