Powered By Blogger

2010-10-08

我没有敌人 —— 我的最后陈述 by 刘晓波



 
研究报告及出版刊物 / 《中国人权论坛》季刊 / 2010: 言论自由在中国遭受审判 | "中国互联网"：虚拟世界的争夺之地 / 《中国人权论坛》2010年第1期: 言论自由在中国遭受审判 / 我没有敌人  

我没有敌人

——我的最后陈述

刘晓波

[English / 英文]

在我已过半百的人生道路上，1989年6月是我生命的重大转折时刻。那之前，我是文革后恢复高考的第一届大学生（七七级），从学士到硕士再到博士，我的读书生涯是一帆风顺，毕业后留在北京师範大学任教。在讲台上，我是一名颇受学生欢迎的教师。同时，我又是一名公共知识分子，在上世纪八十年代发表过引起轰动的文章与着作，经常受邀去各地演讲，还应欧美国家之邀出国做访问学者。我给自己提出的要求是：无论做人还是为文，都要活得诚实、负责、有尊严。那之后，因从美国回来参加八九运动，我被以"反革命宣传煽动罪"投入监狱，也失去了我酷爱的讲台，再也不能在国内发表文章和演讲。仅仅因为发表不同政见和参加和平民主运动，一名教师就失去了讲台，一个作家就失去了发表的权利，一位公共知识人就失去公开演讲的机会，这，无论之於我个人还是之於改革开放已经三十年的中国，都是一种悲哀。

想起来，六四后我最富有戏剧性的经历，居然都与法庭相关；我两次面对公众讲话的机会都是北京市中级法院的开庭提供的，一次是1991年1月，一次是现在。虽然两次被指控的罪名不同，但其实质基本相同，皆是因言获罪。

二十年过去了，六四冤魂还未瞑目，被六四情结引向持不同政见者之路的我，在1991年走出秦城监狱之后，就失去了在自己的祖国公开发言的权利，而只能通过境外媒体发言，并因此而被长年监控，被监视居住（1995年5月-1996年1月），被劳动教养（1996年10月-1999年10月），现在又再次被政权的敌人意识推上了被告席，但我仍然要对这个剥夺我自由的政权说，我坚守着二十年前我在《六二绝食宣言》中所表达的信念—我没有敌人，也没有仇恨。所有监控过我、捉捕过我、审讯过我的警察，起诉过我的检察官，判决过我的法官，都不是我的敌人。虽然我无法接受你们的监控、逮捕、起诉和判决，但我尊重你的职业与人格，包括现在代表控方起诉我的张荣革和潘雪晴两位检察官。在12月3日两位对我的询问中，我能感到你们的尊重和诚意。

因为，仇恨会腐蚀一个人的智慧和良知，敌人意识将毒化一个民族的精神，煽动起你死我活的残酷斗争，毁掉一个社会的宽容和人性，阻碍一个国家走向自由民主的进程。所以，我希望自己能够超越个人的遭遇来看待国家的发展和社会的变化，以最大的善意对待政权的敌意，以爱化解恨。

众所周知，是改革开放带来了国家的发展和社会的变化。在我看来，改革开放始於放弃毛时代的"以阶级斗争为纲"的执政方针，转而致力於经济发展和社会和谐。放弃"斗争哲学"的过程也是逐步淡化敌人意识、消除仇恨心理的过程，是一个挤掉浸入人性之中的"狼奶"的过程。正是这一进程，为改革开放提供了一个宽松的国内外环境，为恢复人与人之间的互爱，为不同利益不同价值的和平共处提供了柔软的人性土壤，从而为国人的创造力之迸发和爱心之恢复提供了符合人性的激励。可以说，对外放弃"反帝反修"，对内放弃"阶级斗争"，是中国的改革开放得以持续至今的基本前提。经济走向市场，文化趋於多元，秩序逐渐法治，皆受益於"敌人意识"的淡化。即使在进步最为缓慢的政治领域，敌人意识的淡化也让政权对社会的多元化有了日益扩大的包容性，对不同政见者的迫害之力度也大幅度下降，对八九运动的定性也由"动暴乱"1改为"政治风波"。敌人意识的淡化让政权逐步接受了人权的普世性，1998年，中国政府向世界做出签署联合国的两大国际人权公约的承诺，2标志着中国对普世人权标准的承认；2004年，全国人大修宪首次把"国家尊重和保障人权"写进了宪法，标志着人权已经成为中国法治的根本原则之一。与此同时，现政权又提出"以人为本"、"创建和谐社会"，标志着中共执政理念的进步。

这些宏观方面的进步，也能从我被捕以来的亲身经历中感受到。

尽管我坚持认为自己无罪，对我的指控是违宪的，但在我失去自由的一年多时间里，先后经历了两个关押地点、四位预审警官、三位检察官、二位法官，他们的办案，没有不尊重，没有超时，没有逼供。他们的态度平和、理性，且时时流露出善意。6月23
日，我被从监视居住处转到北京市公安局第一看守所，简称"北看"。在北看的半年时间里，我看到了监管上的进步。

1996年，我曾在老北看（半步桥）呆过，与十几年前半步桥时的北看相比，现在的北看，在硬件设施和软件管理上都有了极大的改善。特别是北看首创的人性化管理，在尊重在押人员的权利和人格的基础上，将柔性化的管理落实到管教们的一言一行中，体现在"温馨广播"、"悔悟"杂志、饭前音乐、起床睡觉的音乐中，这种管理，让在押人员感到了尊严与温暖，激发了他们维持监室秩序和反对牢头狱霸的自觉性，不但为在押人员提供了人性化的生活环境，也极大地改善了在押人员的诉讼环境和心态，我与主管我所在监室的刘峥管教有着近距离的接触，他对在押人员的尊重和关心，体现在管理的每个细节中，渗透到他的一言一行中，让人感到温暖。结识这位真诚、正直、负责、善心的刘管教，也可以算作我在北看的幸运吧。

正是基於这样的信念和亲历，我坚信中国的政治进步不会停止，我对未来自由中国的降临充满乐观的期待，因为任何力量也无法阻拦心向自由的人性欲求，中国终将变成人权至上的法治国家。我也期待这样的进步能体现在此案的审理中，期待合议庭的公正裁决——经得起历史检验的裁决。

如果让我说出这二十年来最幸运的经历，那就是得到了我的妻子刘霞的无私的爱。今天，我妻子无法到庭旁听，但我还是要对你说，亲爱的，我坚信你对我的爱将一如既往。这么多年来，在我的无自由的生活中，我们的爱饱含着外在环境所强加的苦涩，但回味起来依然无穷。我在有形的监狱中服刑，你在无形的心狱中等待，你的爱，就是超越高墙、穿透铁窗的阳光，抚摸我的每寸皮肤，温暖我的每个细胞，让我始终保有内心的平和、坦荡与明亮，让狱中的每分钟都充满意义。而我对你的爱，充满了负疚和歉意，有时沉重得让我脚步蹒跚。我是荒野中的顽石，任由狂风暴雨的抽打，冷得让人不敢触碰。但我的爱是坚硬的、锋利的，可以穿透任何阻碍。即使我被碾成粉末，我也会用灰烬拥抱你。

亲爱的，有你的爱，我就会坦然面对即将到来的审判，无悔於自己的选择，乐观地期待着明天。我期待我的国家是一片可以自由表达的土地，在这里，每一位国民的发言都会得到同等的善待；在这里，不同的价值、思想、信仰、政见⋯⋯既相互竞争又和平共处；在这里，多数的意见和少数的意见都会得到平等的保障，特别是那些不同於当权者的政见将得到充分的尊重和保护；在这里，所有的政见都将摊在阳光下接受民众的选择，每个国民都能毫无恐惧地发表政见，决不会因发表不同政见而遭受政治迫害；我期待，我将是中国绵绵不绝的文字狱的最后一个受害者，从此之后不再有人因言获罪。表达自由，人权之基，人性之本，真理之母。封杀言论自由，践踏人权，窒息人性，压抑真理。

为践行宪法赋予的言论自由之权利，当尽到一个中国公民的社会责任，我的所作所为无罪，即便为此被指控，也无怨言。

谢谢各位！

编辑注释

1. 《人民日报》1989年4月26日发表社论《必须旗帜鲜明地反对动乱》；六四镇压后，当局将6月3日晚及其后民众的反抗定性为"反革命暴乱"；中国公安部於1989年6月12日颁布《关於镇压反革命暴乱、制止社会动乱的通知》，将两种提法并列。http://china.findlaw.cn/fagui/xz/27/185972.html。 ^

2. 中国於1997年签署了《经济、社会和文化权利国际公约》，2001年批准了这一公约；并於1998年签署了《公民权利和政治权利国际公约》，但至今未予批准。http://www.people.com.cn/GB/historic/1027/5115.html；http://www.mfa.gov.cn/chn/pds/ziliao/wjs/2159/t9004.htm。 ^

Close



I Have No Enemies

Read 2010 Nobel Peace Prize winner Liu Xiaobo's final statement, issued just two days before he was sentenced to 11 years in prison on Christmas Day, 2009.

BY LIU XIAOBO | OCTOBER 8, 2010

The following statement was originally published by the Hong Kong-based NGO Human Rights in China, based on a translation by J. Latourelle, and is reprinted here with permission. The original Chinese text is here.

December 23, 2009

In the course of my life, for more than half a century, June 1989 was the major turning point. Up to that point, I was a member of the first class to enter university when college entrance examinations were reinstated following the Cultural Revolution (Class of '77). From BA to MA and on to PhD, my academic career was all smooth sailing. Upon receiving my degrees, I stayed on to teach at Beijing Normal University. As a teacher, I was well received by the students. At the same time, I was a public intellectual, writing articles and books that created quite a stir during the 1980s, frequently receiving invitations to give talks around the country, and going abroad as a visiting scholar upon invitation from Europe and America. What I demanded of myself was this: whether as a person or as a writer, I would lead a life of honesty, responsibility, and dignity. After that, because I had returned from the U.S. to take part in the 1989 Movement, I was thrown into prison for "the crime of counter-revolutionary propaganda and incitement." I also lost my beloved lectern and could no longer publish essays or give talks in China. Merely for publishing different political views and taking part in a peaceful democracy movement, a teacher lost his lectern, a writer lost his right to publish, and a public intellectual lost the opportunity to give talks publicly. This is a tragedy, both for me personally and for a China that has already seen thirty years of Reform and Opening Up.

When I think about it, my most dramatic experiences after June Fourth have been, surprisingly, associated with courts: My two opportunities to address the public have both been provided by trial sessions at the Beijing Municipal Intermediate People's Court, once in January 1991, and again today. Although the crimes I have been charged with on the two occasions are different in name, their real substance is basically the same—both are speech crimes.

Twenty years have passed, but the ghosts of June Fourth have not yet been laid to rest. Upon release from Qincheng Prison in 1991, I, who had been led onto the path of political dissent by the psychological chains of June Fourth, lost the right to speak publicly in my own country and could only speak through the foreign media. Because of this, I was subjected to year-round monitoring, kept under residential surveillance (May 1995 to January 1996) and sent to Reeducation-Through-Labor (October 1996 to October 1999). And now I have been once again shoved into the dock by the enemy mentality of the regime. But I still want to say to this regime, which is depriving me of my freedom, that I stand by the convictions I expressed in my "June Second Hunger Strike Declaration" twenty years ago—I have no enemies and no hatred. None of the police who monitored, arrested, and interrogated me, none of the prosecutors who indicted me, and none of the judges who judged me are my enemies. Although there is no way I can accept your monitoring, arrests, indictments, and verdicts, I respect your professions and your integrity, including those of the two prosecutors, Zhang Rongge and Pan Xueqing, who are now bringing charges against me on behalf of the prosecution. During interrogation on December 3, I could sense your respect and your good faith.

Hatred can rot away at a person's intelligence and conscience. Enemy mentality will poison the spirit of a nation, incite cruel mortal struggles, destroy a society's tolerance and humanity, and hinder a nation's progress toward freedom and democracy. That is why I hope to be able to transcend my personal experiences as I look upon our nation's development and social change, to counter the regime's hostility with utmost goodwill, and to dispel hatred with love.

Everyone knows that it was Reform and Opening Up that brought about our country's development and social change. In my view, Reform and Opening Up began with the abandonment of the "using class struggle as guiding principle" government policy of the Mao era and, in its place, a commitment to economic development and social harmony. The process of abandoning the "philosophy of struggle" was also a process of gradual weakening of the enemy mentality and elimination of the psychology of hatred, and a process of squeezing out the "wolf's milk" that had seeped into human nature.1 It was this process that provided a relaxed climate, at home and abroad, for Reform and Opening Up, gentle and humane grounds for restoring mutual affection among people and peaceful coexistence among those with different interests and values, thereby providing encouragement in keeping with humanity for the bursting forth of creativity and the restoration of compassion among our countrymen. One could say that relinquishing the "anti-imperialist and anti-revisionist" stance in foreign relations and "class struggle" at home has been the basic premise that has enabled Reform and Opening Up to continue to this very day. The market trend in the economy, the diversification of culture, and the gradual shift in social order toward the rule of law have all benefitted from the weakening of the "enemy mentality." Even in the political arena, where progress is slowest, the weakening of the enemy mentality has led to an ever-growing tolerance for social pluralism on the part of the regime and substantial decrease in the force of persecution of political dissidents, and the official designation of the 1989 Movement has also been changed from "turmoil and riot" to "political disturbance." The weakening of the enemy mentality has paved the way for the regime to gradually accept the universality of human rights. In [1997 and] 1998 the Chinese government made a commitment to sign two major United Nations international human rights covenants,2 signaling China's acceptance of universal human rights standards. In 2004, the National People's Congress (NPC) amended the Constitution, writing into the Constitution for the first time that "the state respects and guarantees human rights," signaling that human rights have already become one of the fundamental principles of China's rule of law. At the same time, the current regime puts forth the ideas of "putting people first" and "creating a harmonious society," signaling progress in the CPC's concept of rule.

I have also been able to feel this progress on the macro level through my own personal experience since my arrest.

Although I continue to maintain that I am innocent and that the charges against me are unconstitutional, during the one plus year since I have lost my freedom, I have been locked up at two different locations and gone through four pretrial police interrogators, three prosecutors, and two judges, but in handling my case, they have not been disrespectful, overstepped time limitations, or tried to force a confession. Their manner has been moderate and reasonable; moreover, they have often shown goodwill. On June 23, I was moved from a location where I was kept under residential surveillance to the Beijing Municipal Public Security Bureau's No. 1 Detention Center, known as "Beikan." During my six months at Beikan, I saw improvements in prison management.

In 1996, I spent time at the old Beikan (located at Banbuqiao). Compared to the old Beikan of more than a decade ago, the present Beikan is a huge improvement, both in terms of the "hardware"— the facilities—and the "software"—the management. In particular, the humane management pioneered by the new Beikan, based on respect for the rights and integrity of detainees, has brought flexible management to bear on every aspect of the behavior of the correctional staff, and has found expression in the "comforting broadcasts,"Repentance magazine, and music before meals, on waking and at bedtime. This style of management allows detainees to experience a sense of dignity and warmth, and stirs their consciousness in maintaining prison order and opposing the bullies among inmates. Not only has it provided a humane living environment for detainees, it has also greatly improved the environment for their litigation to take place and their state of mind. I've had close contact with correctional officer Liu Zheng, who has been in charge of me in my cell, and his respect and care for detainees could be seen in every detail of his work, permeating his every word and deed, and giving one a warm feeling. It was perhaps my good fortune to have gotten to know this sincere, honest, conscientious, and kind correctional officer during my time at Beikan.

It is precisely because of such convictions and personal experience that I firmly believe that China's political progress will not stop, and I, filled with optimism, look forward to the advent of a future free China. For there is no force that can put an end to the human quest for freedom, and China will in the end become a nation ruled by law, where human rights reign supreme. I also hope that this sort of progress can be reflected in this trial as I await the impartial ruling of the collegial bench—a ruling that will withstand the test of history.

If I may be permitted to say so, the most fortunate experience of these past twenty years has been the selfless love I have received from my wife, Liu Xia. She could not be present as an observer in court today, but I still want to say to you, my dear, that I firmly believe your love for me will remain the same as it has always been. Throughout all these years that I have lived without freedom, our love was full of bitterness imposed by outside circumstances, but as I savor its aftertaste, it remains boundless. I am serving my sentence in a tangible prison, while you wait in the intangible prison of the heart. Your love is the sunlight that leaps over high walls and penetrates the iron bars of my prison window, stroking every inch of my skin, warming every cell of my body, allowing me to always keep peace, openness, and brightness in my heart, and filling every minute of my time in prison with meaning. My love for you, on the other hand, is so full of remorse and regret that it at times makes me stagger under its weight. I am an insensate stone in the wilderness, whipped by fierce wind and torrential rain, so cold that no one dares touch me. But my love is solid and sharp, capable of piercing through any obstacle. Even if I were crushed into powder, I would still use my ashes to embrace you.

My dear, with your love I can calmly face my impending trial, having no regrets about the choices I've made and optimistically awaiting tomorrow. I look forward to [the day] when my country is a land with freedom of expression, where the speech of every citizen will be treated equally well; where different values, ideas, beliefs, and political views . . . can both compete with each other and peacefully coexist; where both majority and minority views will be equally guaranteed, and where the political views that differ from those currently in power, in particular, will be fully respected and protected; where all political views will spread out under the sun for people to choose from, where every citizen can state political views without fear, and where no one can under any circumstances suffer political persecution for voicing divergent political views. I hope that I will be the last victim of China's endless literary inquisitions and that from now on no one will be incriminated because of speech.

Freedom of expression is the foundation of human rights, the source of humanity, and the mother of truth. To strangle freedom of speech is to trample on human rights, stifle humanity, and suppress truth.

In order to exercise the right to freedom of speech conferred by the Constitution, one should fulfill the social responsibility of a Chinese citizen. There is nothing criminal in anything I have done. [But] if charges are brought against me because of this, I have no complaints.

Thank you, everyone.

 

Liu Xiaobo, an imprisoned Chinese dissident, is the 2010 recipient of the Nobel Peace Prize.


Posted by at

No comments:

Post a Comment

Subscribe to: Post Comments (Atom)