Out on bail

The release of Ai Weiwei was announced just two days before the start of Chinese Premier Wen Jiabao's trip to Europe.

Ai has always been a thorn in the side of the Chinese leadership, due to his pointed and precise criticism of society and the regime. For many years, Ai was protected by his own international notoriety and by his father's reputation as a well-known poet in China, whose writings are compulsory reading in schools and whose words are known to have occasionally passed over the lips of the premier.

But in April, just prior to a planned departure for Hong Kong, he was arrested without cause. Days later, public prosecutors accused him of tax evasion. His family and friends though, saw this as an attempt by the government to silence him.

During the 80 days the artist was behind bars, the international community hurled accusations at the Chinese legal system and demanded a transparent tria - his family wasn't informed until weeks later where he was being held in police custody. He wasn't allowed to seek counsel from his own lawyer.

All of these things contravened the principle of the rule of law and caused outrage worldwide. In many European cities, demonstrations were held to express solidarity with Ai. Despite his arrest, Berlin's Academy of the Arts appointed him as a guest professor. Markus Löning, the German government's commissioner for human rights, described German-Chinese relations as "strained."

In China, releasing critics of the regime is a well-established instrument used to make concessions to foreign, democratic governments. This time, Beijing is using it as a way of reducing tensions in its relations with Europe. During his European tour, which will take him to England, Hungary, and Germany, Wen Jiabao is planning to concentrate on business ties. The Chinese government would see any public criticism from his European hosts as damaging to bilateral relations. The topic of Ai Weiwei would open up the whole issue of human rights in China.

The well-known artist is free on bail, but he hasn't been found innocent. He must be afforded all means available under the rule of law to defend himself against the charges against him. That is Ai's right, under the Chinese constitution.

Author: Hao Gui / pfd
Editor: Martin Kuebler