On 28 February 2022, the Linyi Municipal Procuratorate, in Shandong province, formally indicted woman human rights defender Li Qiaochu for “inciting subversion of State power” under Article 105(2) of the Criminal Law.

In the indictment sent to the Linyi Municipal Intermediate People’s Court, the prosecutors accuse Li Qiaochu of “being deeply influenced by the subversive thoughts” of her partner and human rights defender Xu Zhiyong and for helping him to set up a blog to publish writings that “propagate thoughts that subvert State power and overturn the socialist system”. The indictment provides no further description of these writings nor does it explain precisely how they would subvert State power. “Incitement to subversion of State power” is punishable by imprisonment of five years or less. However, if a defendant is deemed to be a “ringleader” or whose offence constitutes “major crimes—concepts that are not defined by the Criminal Law—they could be sentenced to more than five years in prison.

In a letter to the Chinese government in April 2021, UN Special Procedures have criticised the vague and broad provisions of China’s Criminal Law, including article 105(2), and believe they fail to meet the principle of legal certainty. The UN experts also raised concerns about Li Qiaochu’s detention, stating that the charge against her appears to be related to the legitimate exercise of her right to promote and defend human rights, and of her right to freedom of expression and association.