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中国共产主义历史罪证与受害者记录
China: Archive of Communist Crimes & Victims
ARCHIVE / MEMORY / EVIDENCE

让历史被看见
让受害者被铭记
Let History Be Seen
Let Victims Be Remembered

高智晟Gao Zhisheng

高智晟Gao Zhisheng

维权律师Rights lawyer

2017年失踪后下落不明,无法独立核实。Missing since 2017; whereabouts cannot be independently verified.

一、从陕北窑洞到「中国良心」1. From a Shaanxi Cave Dwelling to "China's Conscience"

高智晟1964年4月20日生于陕西佳县一个贫苦农家,幼年住窑洞,靠自学考取律师资格。1996年起在新疆、北京等地执业,长期免费为穷人打官司,2001年被司法部评为「全国十佳律师」之一。2000年代初,他在北京创办智晟律师事务所,接手大量被同行视为「碰不得」的案件:为法轮功学员辩护,为地下教会成员蔡卓华案辩护,为陕北油田投资者、广州大学城征地农民等弱势群体代理诉讼。这些案件有一个共同点:对手不是某个人,而是握有公权力又不受监督的地方当局。高智晟在办案中目睹了劳教、酷刑和司法程序被随意践踏的全过程,这成为他后来公开上书的直接动因。Gao Zhisheng was born on April 20, 1964, into a poor farming family in Jia County, Shaanxi, and grew up in a cave dwelling. He qualified as a lawyer through self-study, began practicing in 1996, and in 2001 was named one of China's "top ten lawyers" by the Ministry of Justice for his free work for the poor. In Beijing he founded the Zhisheng Law Firm and took on cases colleagues avoided: defending Falun Gong practitioners, underground church member Cai Zhuohua, investors in the northern Shaanxi oilfields, and farmers who lost land to a Guangzhou university expansion. In case after case he saw re-education through labor, torture, and court procedures bent at will by local authorities — the direct spur for his open letters.

2004年12月,他代理法轮功学员黄伟案后,向全国人大常委会发出第一封公开信,反映法轮功学员被劳教、判刑的情况。2005年10月18日,他发表致胡锦涛、温家宝的第二封公开信《停止迫害自由信仰者,改善同中国人民的关系》,以自己在山东、辽宁、新疆等地调查的个案为据,记述法轮功学员遭受的酷刑与性虐待,要求当局停止迫害。这封信使他成为国际媒体关注的焦点,也使他成为当局眼中必须清除的对象。In December 2004, after representing Falun Gong practitioner Huang Wei, Gao sent his first open letter to the Standing Committee of the National People's Congress. On October 18, 2005, he published a second letter, addressed to Hu Jintao and Wen Jiabao, documenting cases he had investigated in Shandong, Liaoning, and Xinjiang and calling for an end to the persecution of Falun Gong practitioners. The letter drew international attention — and marked him, in the authorities' eyes, as a man to be eliminated from public life.

二、吊照、停业与判刑2. Disbarment, Closure, and a Suspended Sentence

打压来得很快。2005年11月,北京市司法局以智晟律师事务所未申报新办公地址、涉嫌提供虚假材料为由,责令该所停业整顿一年——距第二封公开信发表不到一个月。高智晟拒绝妥协,于2005年12月13日发出第三封公开信《必须立即停止灭绝我们民族良知和道德的野蛮行径》,并宣布退党。此后,他和家人遭到全天候跟踪、骚扰,住所楼下长期有便衣值守。2006年8月15日,他在山东东营探亲时被警方带走,同年9月被以「煽动颠覆国家政权罪」逮捕。2006年12月22日,北京市第一中级人民法院判处他有期徒刑三年、缓刑五年,剥夺政治权利一年。缓刑意味着他不必立即入狱,但此后五年,他活在一根随时可以收紧的绳索之下;他的律师执业证随后被吊销。Retaliation was swift. In November 2005 — less than a month after the second letter — the Beijing Justice Bureau suspended his firm's practice for a year over an alleged failure to register a new office address. Gao refused to yield: on December 13, 2005, he issued a third open letter and announced his withdrawal from the Communist Party. He and his family were placed under round-the-clock surveillance. On August 15, 2006, police seized him while he was visiting relatives in Dongying, Shandong. On December 22, 2006, Beijing No. 1 Intermediate Court sentenced him to three years in prison, suspended for five, for "inciting subversion of state power," with one year of deprivation of political rights. The suspended sentence spared him immediate imprisonment but left a noose that could be tightened at any time; his lawyer's license was subsequently revoked.

停业令下达后,冲突继续升级。2006年1月,国际特赦组织称高智晟险些在一场疑似蓄意制造的交通事故中丧命,他本人指那是秘密警察安排的暗杀未遂。2006年2月4日,他与胡佳等活动人士发起「维权抗暴绝食接力」:参与者在各地轮流绝食24小时,响应者遍及29个省份及海外,多名参与者随后被抓捕。绝食接力使当局确信,不把他本人控制起来,这场以律师为节点的抗争网络就不会散。这年夏天,他在山东姐姐家中被带走的一幕,正是这一判断的执行。After the closure order, the confrontation escalated. In January 2006 Amnesty International reported that Gao had narrowly escaped a staged traffic "accident" that he himself described as an attempted assassination by the secret police. On February 4, 2006, Gao, Hu Jia, and other activists launched a "relay hunger strike for rights defense": participants across the country fasted in rotation for 24 hours, with supporters in 29 provinces and overseas, and several participants were arrested. The relay convinced the authorities that the lawyer-centered protest network would not disperse unless Gao himself was taken out of circulation. His seizure that summer at his sister's home in Shandong was that judgment carried out.

三、缓刑期的失踪与酷刑自述3. Disappearances and His Own Account of Torture During Probation

2007年9月,他致信美国国会议员,呼吁关注中国人权与抵制北京奥运,随即被秘密警察带走约五十天。他后来写下自述《黑夜、黑黎明》,记述那段日子里遭受的电击、烟头烫、竹签刺生殖器等酷刑——这些内容由他本人署名发表,是理解其遭遇的第一手材料。2009年1月,妻子耿和带着一双儿女逃离中国,同年3月抵达美国获庇护。2009年2月4日凌晨,高智晟在陕北老家被十余名警察当着亲属的面带走,从此失踪一年有余。2010年1月,北京国保对他的兄长称高智晟已经「失踪了、迷路了」,当局不知道其下落。2010年3月底至4月,他短暂与外界恢复联系,接受美联社等媒体采访时形容自己被当作动物对待,并预感会再次消失。2010年4月20日,他在新疆探亲后返程途中再度失踪,此后二十个月音讯全无。In September 2007, after writing to members of the U.S. Congress about human rights and the Beijing Olympics, Gao was taken by secret police and held for some fifty days. In a signed account later published under the title "Dark Night, Dark Dawn," he described being tortured with electric shocks, cigarettes, and bamboo slivers — firsthand testimony published under his own name. In January 2009 his wife, Geng He, fled China with their two children and received asylum in the United States. In the early hours of February 4, 2009, more than a dozen police took Gao from his family home in northern Shaanxi in front of relatives. He vanished for over a year. In January 2010, Beijing state security officers told his brother that Gao had "gone missing" and that they did not know where he was. In late March and April 2010 he briefly resurfaced, telling reporters he had been treated like an animal and expected to disappear again. On April 20, 2010, he vanished once more — this time for twenty months.

四、沙雅监狱与陕北软禁4. Shaya Prison and House Arrest in Northern Shaanxi

2011年12月16日,新华社发布消息:北京市第一中级人民法院以高智晟在缓刑考验期内违反监管规定为由,裁定收监执行原判三年刑期。家人后来得知,他被关押在新疆阿克苏地区沙雅监狱——离北京数千公里,家属探视极其困难;探视时有警察在场,他被要求不得谈案情。2014年8月7日,高智晟刑满出狱,随即被送回陕西佳县兄长家中软禁。出狱时的他身体已被摧垮:因长期营养不良,牙齿大面积脱落松动,吃固体食物困难,体重锐减,一度连一句完整的话都说不清楚。当局禁止他离村就医,牙科治疗一再被拒。在严密监视下,他口述写成回忆录《2017年,起来中国》,2016年由女儿耿格在香港、台湾发布,记述了2009至2014年间的关押与酷刑经历。On December 16, 2011, Xinhua announced that Beijing No. 1 Intermediate Court had revoked Gao's probation for alleged violations and ordered him to serve the original three-year sentence. His family later learned he was held at Shaya Prison in Xinjiang's Aksu region, thousands of kilometers from Beijing; visits were rare, supervised, and barred from touching on his case. Released on August 7, 2014, he was sent straight into house arrest at his elder brother's home in Jia County, Shaanxi. Prison had wrecked his health: malnutrition had loosened and cost him many of his teeth, solid food was difficult, he had lost much weight, and at first he could barely speak a full sentence. Authorities barred him from leaving the village for care, and dental treatment was repeatedly refused. Under constant surveillance he dictated a memoir, published by his daughter Grace Geng in Hong Kong and Taiwan in 2016, recording his detention and torture between 2009 and 2014.

五、2017年再失踪:逾八年无任何官方信息5. Disappeared Again in 2017: Over Eight Years Without Official Word

2017年8月13日,高智晟在兄长家中失踪。支持者称,他是在试图摆脱软禁后被抓回;同年10月,中国政府答复联合国专家称警方正在「调查」其失踪,但此后从未公布调查结果。2020年和2022年,中方答复联合国专家时否认当局关押高智晟,既不提供他的下落,也不提供其法律状态。2024年中国接受联合国人权理事会普遍定期审议时,瑞士、美国再次追问其下落,中方仍未作答。2025年,中方对联合国专家声称不存在所谓「强迫失踪」问题,同时继续拒绝提供任何信息。耿和流亡美国十六年来持续公开呼吁,2026年,支持者在加州自由雕塑公园为高智晟立像揭幕,耿和出席。截至本页最近核实之日,高智晟已被强迫失踪逾八年,当局从未公布其下落与法律状态,生死无任何官方信息。On August 13, 2017, Gao disappeared from his brother's home. Supporters say he was recaptured after attempting to escape house arrest. In October 2017 the Chinese government told UN experts that police were "investigating" his disappearance; no findings were ever published. In replies in 2020 and 2022, China denied holding him while providing neither his whereabouts nor his legal status. At China's 2024 Universal Periodic Review, Switzerland and the United States asked again; Beijing did not answer. In 2025 China told UN experts there was no issue of "enforced disappearance" while still refusing any information. Geng He has campaigned publicly throughout her exile in the United States, and in 2026 supporters unveiled a sculpture of Gao at Liberty Sculpture Park in California, with Geng in attendance. As of this page's last verification, Gao Zhisheng has been forcibly disappeared for over eight years; the authorities have never disclosed his whereabouts or legal status, and there is no official information on whether he is alive.

六、家属:耿和的逃亡与十六年呼吁6. His Family: Geng He's Flight and Sixteen Years of Campaigning

迫害从来不止落在高智晟一人身上。2005年之后,妻子耿和与两个孩子长期生活在监视之下:家门口有便衣值守,银行账户被冻结,孩子在学校受阻挠,女儿耿格曾被阻止正常上学。据耿和后来在美国国会的作证,全家在北京郊区曾被关进一处「黑监狱」式场所看管。2009年1月,在友人帮助下,耿和带着16岁的女儿和5岁的儿子逃离中国,经泰国辗转,于2009年3月抵达美国并获得庇护,此后定居旧金山湾区。她出逃不到一个月,高智晟即在陕北老家被带走失踪——母子三人从此再未见过他。2010年10月,耿格写给时任美国总统奥巴马一封公开信,以「您也是两个女儿的父亲」请求他向中方询问自己父亲的下落,这封信被多家国际媒体刊载。The persecution never fell on Gao alone. After 2005, his wife Geng He and their two children lived under constant surveillance: plainclothes watchers outside their home, bank accounts frozen, and the children obstructed at school — his daughter Grace was at times prevented from attending normally. Geng He later testified before the U.S. Congress that the family had been confined under guard in a "black jail" on Beijing's outskirts. In January 2009, with friends' help, Geng fled China with their 16-year-old daughter and 5-year-old son, travelling via Thailand and reaching the United States in March 2009, where they received asylum and settled in the San Francisco Bay Area. Less than a month after her flight, Gao was seized in northern Shaanxi and disappeared; the three of them have never seen him again. In October 2010 Grace Geng wrote an open letter to President Obama — "as the father of two girls yourself" — asking him to press Beijing on her father's whereabouts; the letter was carried by media worldwide.

此后十多年,耿和成为丈夫案件在海外的主要发声者:她多次出席美国国会及行政当局中国委员会(CECC)听证会作证,由国际律师贾雷德·根瑟(Jared Genser)创办的「Freedom Now」组织担任其义务法律顾问。2016年,她与女儿把高智晟的回忆录带到香港发布;高智晟每次失踪周年,她都发表公开声明。2023年、2025年失踪六周年与八周年之际,数十家人权组织联署声明要求放人,耿和在声明中说,全家已经用尽一切办法,至今不知道他的下落,只求外界不要停止寻找。2026年4月4日,支持者在加州自由雕塑公园为高智晟的大型头像雕塑揭幕,耿和参与了雕塑的设计与制作并出席揭幕。她在采访中说,九年过去,仍有这么多人没有忘记高智晟——这是她继续呼吁下去的全部依据。For over a decade since, Geng He has been the leading overseas voice for her husband's case. She has testified repeatedly before the U.S. Congressional-Executive Commission on China, represented pro bono by Freedom Now, the organization founded by international lawyer Jared Genser. In 2016 she and her daughter launched Gao's memoir in Hong Kong; on each anniversary of his disappearance she issues a public statement. At the sixth and eighth anniversaries, in 2023 and 2025, dozens of rights organizations signed joint statements demanding his release, in which Geng said the family had exhausted every avenue and still had no information on his whereabouts, and asked the world not to stop searching. On April 4, 2026, supporters unveiled a monumental sculpture of Gao's face at Liberty Sculpture Park in California; Geng had helped design it and attended the unveiling. She said in an interview that after nine years, the fact that so many people have not forgotten Gao Zhisheng is the whole basis on which she keeps going.

七、国际反应与荣誉7. International Response and Honors

高智晟是获得国际荣誉最多的中国维权律师之一。2006年,美国众议院通过决议,要求中方恢复他与智晟律师事务所的执业资格。2007年,美国出庭律师委员会(American Board of Trial Advocates)将「勇气辩护奖」(Courageous Advocacy Award)授予他,并邀请他于2007年6月30日到加州圣巴巴拉亲自领奖——他未能成行。他曾多次获得诺贝尔和平奖提名(据公开报道至少三次)。他的英文回忆录《A China More Just》2007年在美国出版。美国国务院在多份年度人权报告中记录他的个案;欧盟自2018年起在联合国人权理事会历届会议上持续提及此案;英国在2018年中国第三轮普遍定期审议中当面追问。当中方在2025年对联合国专家声称不存在强迫失踪问题时,CHRD发表声明逐条反驳,指出北京一边否认关押、一边拒绝提供任何信息,本身就是强迫失踪的定义。Gao Zhisheng is among the most internationally honored of China's rights lawyers. In 2006 the U.S. House of Representatives passed a resolution urging China to reinstate his license and his firm's. In 2007 the American Board of Trial Advocates selected him for its Courageous Advocacy Award and invited him to receive it in person in Santa Barbara, California, on June 30, 2007 — he could not travel. He was nominated for the Nobel Peace Prize multiple times (at least three, by public reporting). His memoir "A China More Just" was published in English in the United States in 2007. The U.S. State Department has documented his case in successive human-rights reports; the European Union has raised it at the UN Human Rights Council consistently since 2018; and the United Kingdom questioned China about him at its third Universal Periodic Review in 2018. When Beijing told UN experts in 2025 that there was no issue of enforced disappearance, CHRD answered point by point: denying custody while refusing all information is itself the definition of enforced disappearance.

八、现状:截至2026年,失踪逾九年,无可查证信息8. Current Status: Disappeared Over Nine Years as of 2026, Nothing Verifiable

这一节必须如实写:没有新消息,就是这条档案的现状。2017年8月13日之后,高智晟与外界的最后联系中断,此后九年多,本节逐项核对如下:关押地点——从未公布,无法查证;法律状态——中方称他不受任何「刑事强制措施」,同时否认关押,无任何文书可查;健康状况——2017年失踪前已牙齿大面积脱落、行动受限,此后无任何信息;生死——无官方信息,无独立来源证实,无法查证。他的兄长等中国境内亲属自2017年后同样与他失去联系。截至2026年10月本页核实之日,高智晟被强迫失踪已逾九年,是中国被失踪时间最长的知名维权律师之一。本站在获得可查证的新信息前,对他的现状只记录这一句话:当局从未公布其下落与法律状态。This section must be written honestly: no news is the current state of this file. Contact between Gao Zhisheng and the outside world ended on August 13, 2017. Item by item, after more than nine years: place of detention — never disclosed, unverifiable; legal status — China says he is under no "criminal coercive measures" and denies holding him, and no document exists to check; health — before his 2017 disappearance he had lost many teeth and his mobility was limited, and there has been no information since; whether he is alive — no official word, no independent source, unverifiable. His relatives inside China, including his elder brother, have also had no contact with him since 2017. As of this page's verification in October 2026, Gao Zhisheng has been forcibly disappeared for over nine years, among the longest-disappeared prominent rights lawyers in China. Until verifiable new information emerges, this site records his status in one sentence: the authorities have never disclosed his whereabouts or legal status.

九、三封公开信与两部书:他的文字档案9. Three Open Letters and Two Books: The Written Record

高智晟留给外界的主要证据,是他自己的文字。第一封信(2004年12月,致全国人大常委会)针对个案,反映法轮功学员黄伟被劳教的问题,语气仍是律师式的。第二封信(2005年10月18日)篇幅大幅扩展,记述他在多地调查的十余起个案,包括学员被电击、被性虐待、家庭被株连的细节,并直接要求胡温二人下令停止迫害。第三封信(2005年12月13日)写于律所被停业之后,标题即《必须立即停止灭绝我们民族良知和道德的野蛮行径》,同日他宣布退出中国共产党。2007年,他出版自传体著作、英文版《A China More Just》同年在美国面世,记述自己从陕北农家子弟到维权律师的道路。2007年被秘密关押五十天后写下的《黑夜、黑黎明》,记述酷刑细节,是研究中国秘密警察处置手法的一手文本。2016年回忆录则记述2009至2014年的失踪、监狱与软禁。这六份文本构成一条完整的自述链:从体制内上书,到退党,到酷刑记录,到失踪记录——他的每一步都有文字存档,这正是他与其他被失踪者最大的不同。The main evidence Gao Zhisheng left the world is his own writing. The first letter (December 2004, to the NPC Standing Committee) was a lawyer's letter about a single case, practitioner Huang Wei's labor-camp detention. The second (October 18, 2005) was far longer, recording more than a dozen cases he had investigated across several provinces — electric shocks, sexual abuse, families punished by association — and demanding directly that Hu and Wen order the persecution stopped. The third (December 13, 2005), written after his firm was closed, demanded an immediate end to what its title called the barbaric destruction of the nation's conscience and morality; the same day he announced his withdrawal from the Communist Party. In 2007 his autobiographical book appeared, published in English in the United States as "A China More Just," tracing his path from a Shaanxi farm boy to a rights lawyer. "Dark Night, Dark Dawn," written after his fifty days of secret detention in 2007, records torture in detail and remains a primary text on the secret police's methods. The 2016 memoir covers the disappearances, prison, and house arrest of 2009–2014. Together the six texts form a complete chain of testimony: from petitioning within the system, to quitting the Party, to recording torture, to recording disappearance. That written chain is what most distinguishes him from others who were disappeared.

十、2006年审判与2011年收监裁定的程序检视10. The 2006 Trial and the 2011 Probation Revocation: A Procedural Review

把高智晟案的司法文书按程序逐项检视,缺失是系统性的。2006年8月15日他被带走后,家属没有及时收到拘留通知;9月21日官方才宣布逮捕;12月22日北京市第一中级人民法院以「煽动颠覆国家政权罪」判刑三年、缓刑五年。审判不公开,家属未获旁听,判决依据的「犯罪事实」主要是他的公开信与接受外媒采访的内容。他在被羁押54天期间遭受酷刑,后公开收回被迫作出的「认罪」并详述经过——这段自述从未获得任何官方调查。2011年12月16日的收监裁定同样如此:北京一中院称他在缓刑考验期内「多次严重违反」监管规定,但裁定的作出没有公开开庭,家属是先从新华社电讯中得知消息,裁定书始终没有向家属出示,他究竟违反了什么规定,外界至今不知。直到2012年初,他的兄长才从一份法院文件中确认他被关押在新疆沙雅监狱。一个案件从定罪到收监,两次最关键的法律动作,家属都是从新闻里知道的。Reviewing the judicial documents of Gao's case item by item, the gaps are systematic. After he was seized on August 15, 2006, his family received no timely detention notice; arrest was announced only on September 21; on December 22 Beijing No. 1 Intermediate Court sentenced him to three years, suspended for five, for "inciting subversion." The trial was closed, the family did not attend, and the "criminal facts" in the verdict consisted mainly of his open letters and interviews with foreign media. During his 54 days in custody he was tortured; he later publicly recanted the confession extracted from him and described the torture in detail — an account never officially investigated. The December 16, 2011, probation-revocation ruling followed the same pattern: the court said he had "repeatedly and seriously violated" supervision rules during probation, but there was no public hearing, the family learned of it first from a Xinhua wire, the ruling itself was never shown to them, and what rules he supposedly violated remains unknown to this day. Only in early 2012 did his brother confirm from a court document that he was held at Shaya Prison in Xinjiang. At both decisive legal moments of the case — conviction and reimprisonment — the family learned what had happened from the news.

探视权的执行同样留下完整记录。沙雅监狱关押期间,家属获准的探视次数屈指可数,每次都有警察在场,谈话不得涉及案情与监狱生活;有一次探视中,高智晟在警察注视下表示不想上诉、不需要律师——家属与人权组织均认为这是受压表态。2014年出狱后,他在陕北被软禁的三年里,要求离村看牙被多次拒绝,牙齿问题从「脱落松动」拖到「无法吃固体食物」。把这些记录连起来看:从审判、收监、探视到就医,这个案子在每一个程序节点上都呈现同一个特征——手续在纸面上存在,权利在执行中消失。Visitation rights left a record of the same kind. During the Shaya Prison years, family visits were granted a handful of times, always with police present and with his case and prison conditions off-limits; at one visit, under police gaze, Gao said he did not want to appeal and did not need a lawyer — statements his family and rights groups consider coerced. In his three years of house arrest in northern Shaanxi after 2014, repeated requests to leave the village for dental care were refused, and his teeth deteriorated from "loose and falling out" to an inability to eat solid food. Lined up together — trial, reimprisonment, visits, medical care — every procedural node of this case shows the same feature: the paperwork exists, and the rights vanish in execution.

十一、2010年的短暂露面与2013年的最后探视11. The Brief 2010 Reappearance and the Last Family Visit in 2013

2010年3月底,高智晟在失踪一年多后短暂与外界见面,这段窗口期留下几项可查记录。他在北京与朋友会面,接受美联社采访时比从前消瘦,明确表示自己在关押中遭受酷刑,但拒绝细说,理由是怕家人遭报复;他对南华早报表示,那一年多的关押中自己被「当作动物对待」。他还与女儿通了电话。2010年4月,他去新疆探望岳父母后返程,4月20日后再度失踪。这段露面的意义在于:它证明2009年2月至2010年3月这段失踪并非「迷路」,而是关押——他本人是证人。此后沙雅监狱期间,家属探视记录同样稀少:据海外人权组织2014年初的记录,家人已有一年多未能与他联系,兄长最后一次探视时见他明显消瘦、脸上有伤,探视中被禁止问及监狱生活。2014年出狱消息传出时,国际媒体共同的描述是:他几乎不能走路、说不出完整句子。这三段记录——露面、探视、出狱状态——是2017年再次失踪之前,外界关于他身体状况的最后档案。Gao's brief reappearance at the end of March 2010, after more than a year of disappearance, left several checkable records. He met friends in Beijing, visibly thinner, and told the Associated Press he had been tortured in custody but declined details for fear of reprisals against his family; to the South China Morning Post he said he had been treated "like an animal" during that year. He also spoke by phone with his daughter. In April 2010, after visiting his in-laws in Xinjiang, he disappeared again on April 20. The window matters because it proves the February 2009–March 2010 disappearance was detention, not being "lost" — he is himself the witness. Visitation records from the Shaya Prison period are equally sparse: by early 2014, rights organizations recorded that the family had been unable to contact him for over a year, and at his elder brother's last visit Gao was visibly emaciated with a sore on his face, while questions about prison life were forbidden. When his 2014 release was reported, international media shared one description: he could barely walk or speak a complete sentence. These three records — the reappearance, the visit, the release condition — are the last file the outside world holds on his physical state before he disappeared again in 2017.

十二、软禁三年:看牙被拒与一部手写回忆录12. Three Years of House Arrest: Denied a Dentist, a Memoir Written Under Watch

2014年8月至2017年8月,高智晟住在陕西佳县兄长高义生的村中老家,处于全天候监控之下。这三年的档案由三条线索构成。其一是医疗:他的牙齿因狱中营养不良大面积损坏,家属多次申请带他外出就医、看牙,均被拒绝;2016年女儿在香港发布其回忆录时说,父亲的牙齿急需治疗而不得,吃固体食物困难。其二是写作:在监视下,他以口述和手写方式完成回忆录,记录2009至2014年的遭遇,稿子经渠道送出境外,2016年在香港、台湾出版——一个被剥夺执业资格、被禁止离村的人,用这种方式完成了他最后的公开表达。其三是有限的发声:2015年,他接受了五年来第一次媒体专访(美联社),表示自己没有被打垮;美国政府当时呼吁中方允许他赴美与家人团聚,未获回应。2017年8月13日,他在兄长家中失踪——据支持者称,他是在试图离开软禁地时被抓回。这三年不是自由,只是关押换了个地址。From August 2014 to August 2017, Gao lived at his elder brother Gao Yisheng's home village in Jia County, Shaanxi, under round-the-clock surveillance. The file on those three years has three threads. The first is medical: his teeth, badly damaged by prison malnutrition, needed treatment; the family's repeated requests to take him out for dental and medical care were refused, and when his daughter launched his memoir in Hong Kong in 2016 she said his teeth urgently needed care he was denied and that eating solid food was difficult. The second is writing: under surveillance, by dictation and by hand, he completed the memoir recording 2009–2014, smuggled the manuscript out, and published it in Hong Kong and Taiwan in 2016 — a disbarred man forbidden to leave his village completing his last public statement this way. The third is limited speech: in 2015 he gave his first media interview in five years (Associated Press), saying he had not been broken; the U.S. government urged China to let him join his family in America, without response. On August 13, 2017, he disappeared from his brother's home — supporters say he was recaptured while trying to leave his house arrest. Those three years were not freedom; they were custody at a different address.

十三、2017年之后:国际追问的逐年记录13. After 2017: The International Questions, Year by Year

高智晟2017年再失踪后,国际社会的追问留下一条逐年可查的记录,逐项列入档案。2017年:美国国务院公开表示关切,要求中方说明其下落;同年10月,中方答复联合国专家称警方在「调查」其失踪。2018年:英国在联合国人权理事会中国普遍定期审议中当面提出此案;欧盟自此在历届人权理事会会议声明中年年提及。2020年:中方答复联合国专家,否认关押高智晟,不提供任何信息。2022年:中方再次以同样口径答复联合国专家。2023年:数十家人权组织在失踪六周年联署声明,要求立即释放,并谴责以强迫失踪作为压制手段。2024年:中国第四轮普遍定期审议,瑞士、美国再次追问下落,中方未作答。2025年:中方对联合国专家声称不存在强迫失踪问题;CHRD在失踪八周年发表声明,公布耿和的口述,并指出北京的答复自相矛盾——一面否认关押,一面拒绝提供此人法律状态的任何信息。2026年:截至10月本页核实之日,没有新的官方答复,没有他的新消息。这条记录的意义在于它的单调:九年里问题从未变化,答案从未出现。After Gao's 2017 re-disappearance, international questioning left a year-by-year record, entered here item by item. 2017: the U.S. State Department publicly expressed concern and asked China to account for his whereabouts; in October, China told UN experts police were "investigating" his disappearance. 2018: the United Kingdom raised his case at China's Universal Periodic Review at the Human Rights Council; the EU has named it in Council statements every year since. 2020: China replied to UN experts denying that it held Gao and providing no information. 2022: China replied to UN experts in the same terms. 2023: dozens of rights organizations signed a sixth-anniversary statement demanding his immediate release and condemning enforced disappearance as a tool of repression. 2024: at China's fourth UPR, Switzerland and the United States asked again for his whereabouts; China did not answer. 2025: China told UN experts there was no issue of enforced disappearance; CHRD's eighth-anniversary statement published Geng He's account and noted the contradiction in Beijing's replies — denying custody while refusing any information on his legal status. 2026: as of this page's verification in October, there is no new official reply and no news of him. The record's meaning is its monotony: in nine years the question has never changed, and the answer has never come.

本站点评Our Take

高智晟案最刺眼的,不是判刑本身,而是判决之外的那套办法:先以行政理由停业吊照,再用缓刑当绳索,绳索之后是无人承认的失踪,失踪之后连「人在不在国家手里」都不给一句实话。一个执业律师仅因写了三封公开信,就被这个标榜「依法治国」的政权从法律世界里整体删除——没有手续,没有记录,没有答复。八年沉默不是疏忽,是制度性的处置方式:让一个人从法律上不存在,比任何判决都彻底。What stands out in Gao Zhisheng's case is not the sentence itself but everything outside it: an administrative pretext to close his firm and take his license, a suspended sentence used as a leash, then disappearances no agency would acknowledge, and finally a refusal even to say whether the state holds him. A practicing lawyer was erased from the legal world — no paperwork, no record, no answer — for writing three open letters, by a regime that advertises the "rule of law." Eight years of silence is not negligence; it is a method of disposal, more complete than any verdict: making a person legally nonexistent.

来源:新华社2011年12月16日报道;北京市第一中级人民法院2006年判决的公开报道;高智晟《黑夜、黑黎明》自述及2016年回忆录;国际特赦组织、中国人权捍卫者(CHRD)历年报告;联合国人权理事会普遍定期审议文件;美联社、路透社相关报道。Sources: Xinhua report of December 16, 2011; public reporting on the 2006 Beijing No. 1 Intermediate Court verdict; Gao Zhisheng's signed account "Dark Night, Dark Dawn" and his 2016 memoir; Amnesty International and Chinese Human Rights Defenders (CHRD) reports; UN Human Rights Council UPR documents; Associated Press and Reuters reporting.

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