On February 15, the Tom Lantos Human Rights Commission under the U.S. Congress held a hearing on the issue of transnational repression (video screenshot/U.S. House of Representatives Human Rights Commission official website).
[People News] At the end of October, the U.S. government called on the Chinese Communist Party (CCP) to immediately and unconditionally release Chinese-American artist Gao Shen, who was detained by the CCP for his works from many years ago. This news did not attract much attention, but in China, more and more people are being convicted due to artistic creations and expressions. This has caused concern among artists and writers who once engaged in politically related topics, raising doubts about the possibility of CCP leader Xi Jinping's dream of a "culturally strong nation" coming true.
According to Voice of America, 68-year-old Gao Shen is the elder brother in the Chinese contemporary artist duo known as "The Gao Brothers," who live in the U.S. On August 26, Gao was arrested when visiting family in China, accused of "defaming the honor and reputation of heroes and martyrs." The Gao Brothers are known for politically charged artworks such as Mao Kneeling for Repentance, Crucified Christ, and the Miss Mao series.
A U.S. State Department statement on October 30 read, "Gao Shen has reportedly been detained by the CCP government for exercising his right to free speech. His reported arrest contradicts China's constitutional guarantee of free speech for all citizens."
More than two months have passed without any sign of Gao’s release.
The Case of Gao Shen Demonstrates the Criminalization of Political Artistic Expression
The Gao Brothers, originally from Jinan, Shandong, previously lived in Beijing. They began collaborating on artistic projects in 1985, gaining international recognition in the 1990s for sculptures and paintings that express their views on Chinese culture, politics, and society.
Mao Zedong was a prominent subject in the Gao Brothers' work. In a 2013 video interview with BBC Chinese, Gao Shen said, "Whether it is the people's misinterpretation of the Mao era or the elite's attempt to revive the system for legitimacy, as long as China does not move past the threshold of Mao, it will be difficult to achieve constitutional rule."
Reportedly, Gao's recent arrest is related to politically sensitive sculptures created by the Gao Brothers years ago, such as Crucified Christ and Mao Kneeling for Repentance.
Gao's younger brother, Gao Qiang, who also resides in the U.S., told Voice of America that Gao Shen, holding a Chinese passport and U.S. green card, returned to China with his wife and child in June for a family visit and planned to return to the U.S. on September 3. On August 26, about 30 police officers suddenly raided the Gao Brothers' studio in Yanjiao, Beijing, seizing evidence and demanding Gao hand over his phone. When Gao refused, he was forcibly handcuffed and taken away. Police confiscated the Mao Kneeling for Repentance sculpture, computers, and discs, sealing some artworks and locking down the studio. On August 27, Gao's wife received a detention notice from the Public Security Bureau of Sanhe City, Hebei Province. The notice stated that Gao was criminally detained on August 26 for "defaming the honor and reputation of heroes and martyrs" and was being held at the Sanhe City detention center.
The "crime of defaming the honor and reputation of heroes and martyrs" was added to China’s criminal law in March 2021. According to this law: "Anyone who insults, slanders, or otherwise infringes on the honor and reputation of heroes and martyrs, thereby harming public interests, may face imprisonment of up to three years, criminal detention, control, or deprivation of political rights if the circumstances are serious."
Gao's friend, artist Du Yinghong, now residing in Thailand, told Voice of America that Chinese police had attempted to arrest Gao during a prior visit two years ago, but he narrowly escaped.
Du said that Gao’s child is a U.S. citizen, and Gao's wife sought help from the U.S. embassy but was intercepted by Chinese authorities and warned not to return. The authorities threatened Gao’s family and friends, forbidding them from speaking to the media and forcing them to sign pledges.
Gao has been detained at the Sanhe City detention center for more than two months. His lawyer, Qu Zhenhong, said Gao’s mental state is fair, but he suffers from severe back pain and has appeared in a wheelchair during a meeting. The lawyer's request for Gao's release on bail was denied by the police.
Cultural scholar Wu Zuolai, based in the U.S., told Voice of America that Gao's case signals the "criminalization" of political artistic expression. Politically censoring artists' creative themes and arresting those who cross the line is an infringement on their freedom of creation and expression and constitutes political intimidation.
Artists Increasingly Punished for Expression
Gao's case is not unique; in China, more artists are being punished for expression and convicted for their art.
In early 2024, Tibetan singer Gyegjom Dorjee performed A Song of Bitter Tears, expressing dissatisfaction with CCP rule and criticizing its oppressive policies, during a concert attended by Tibetan artists. On February 12, 2024, Gyegjom was arbitrarily detained by local police and secretly imprisoned. Authorities refused to disclose his whereabouts or condition to his family.
In May 2023, comedian Li Haoshi (stage name: HOUSE) from the Chinese comedy company Xiaoguo Culture, faced scrutiny after a stand-up routine referring to his two dogs as having "good conduct and capable of winning battles." The phrase, commonly used by authorities to describe the CCP army, was seen as derogatory, sparking controversy. Beijing police launched an investigation, and Li was indefinitely banned from performing.
In October 2022, artist Xiao Liang from Nanchang was arrested and sentenced for painting a portrait of Peng Lifa, the "Bridge Warrior" who protested on Beijing's Sitong Bridge with anti-Xi slogans. Two years after Peng’s arrest, his whereabouts remain unknown.
In 2022, independent journalist Luo Changping was sentenced to seven months for mocking the "Ice Sculpture Company," a unit of Chinese volunteer soldiers, calling them "Sand Sculpture Company."
Xi Jinping's Era Reverts to "Cultural Revolution" Path
Analysts believe that adding the "crime of defaming the honor and reputation of heroes and martyrs" to the criminal code under Xi's leadership has paved the way for the arrest of artists. The use of this law to create charges shows Xi's regime trending toward "Maoification and Stalinization."
Wu Zuolai, who had connections with the Gao Brothers during his time at the Chinese Academy of Arts, said that under Hu Jintao and Wen Jiabao, authorities monitored the Gao Brothers but showed some leniency. The current suppression marks an escalation. He noted that the CCP likely views the Gao Brothers as targets supported by "foreign hostile forces."
"I have long known that the authorities maintain a database on foreign-related dissidents and artists. The CCP has been investigating Chinese contemporary artists, even probing if international buyers collecting their works are involved in political acts. They classify foreign collectors of such works as agents of hostile foreign forces supporting Chinese art." Wu said.
On October 28, 2024, during the 17th collective study session of the Politburo, Xi Jinping reiterated the "2035 goal of building a culturally strong nation, providing an action program for the development of socialist culture with Chinese characteristics." Wu Zuolai believes that the current crackdown on artists makes Xi's vision of a culturally strong nation by 2035 impossible.
Gao’s friend Du Yinghong pointed out that there has always been censorship of artists and works in China: "During Hu Jintao's rule, censorship was more relaxed. We were often invited for 'tea' (a euphemism for police questioning), and exhibitions were sometimes banned. But we didn't face such harsh enforcement with large-scale arrests."
In 2005, controversial works by the Gao Brothers could still be seen in Beijing's 798 Art District, a landmark for contemporary art. Voice of America journalists saw these works as late as 2008 in the same district.
"It’s absurd now. They arrest people outright without following international norms or legal standards. They just pick any charge, arrest you, and make you disappear. Gao’s case is a typical example," Du said.
"In this high-tech, highly controlled environment in China, artists have no room for independent thought, questioning, reflection, or realism. Speaking the truth risks crossing a line, which now equates to a crime. How can there be any art or philosophy in such a future for China?" Du added.
Zhou Fengsuo, one of the 21 student leaders wanted by Beijing after the 1989 Tiananmen Square protests and now executive director of Human Rights in China, told Voice of America, "Xi has taken the restoration of Maoist methods to an extreme, robbing many artists of their creative space. The use of the 2021 hero-defamation law to accuse Gao for works made over a decade ago is a strong signal of Maoist and Stalinist rule."
"In Xi’s era, the CCP has become adept at creating laws without legal basis to fabricate charges, restricting freedoms, and providing excuses for arrests to persecute the people. The freedom of artistic creation is thus criminalized by such laws that violate their constitution," Zhou said.
According to China’s constitution, citizens "enjoy freedom of speech, publication, assembly, association, procession, and demonstration."
Former human rights lawyer and Hunter College visiting professor Teng Biao told Voice of America that under Xi Jinping, there are clear trends toward the Cultural Revolution, particularly in suppressing free speech and thought, idolizing Xi, and controlling ideas, using propaganda reminiscent of that era.
Chinese writer Ma Jian drafted an open letter to the Sanhe City Public Security Bureau, calling for Gao's release.
He told Voice of America that his first reaction upon hearing of Gao’s arrest was that Xi is reinstating a rigid ideological framework. "Any criticism or negative portrayal of Mao Zedong must be corrected step by step. The Gao Brothers were a clear target."
"For Xi’s government, ideology must be reemphasized. When a regime reaches a peak of totalitarianism, it inevitably returns to Mao’s era for legitimacy, erasing Mao’s crimes and instilling political fear, coercing self-censorship," Ma said.
Does the New Law Apply Retroactively, Making Gao’s Arrest Illegal?
The general principle of law is non-retroactivity. Analysts believe that applying a law created three years ago to works made over a decade ago violates this principle as well as Chinese criminal and procedural law.
Teng Biao explained, "Chinese law states that laws should not apply retroactively, which is also a common standard in international criminal and human rights law. Nearly every national legal system adheres to this: you cannot convict someone for actions taken before the law was enacted. If there was no such law at the time of creation, it should be deemed lawful."
Gao's lawyer has used this argument for his defense. In a submission to the Sanhe City Procuratorate, Gao’s lawyer noted that the artworks were made over ten years ago and the 2021 law has no retroactive power. Additionally, Gao’s works are artistic expressions without intent to defame heroes.
Wu Zuolai called Gao’s arrest for past works "absurd." He noted that laws cannot be retroactive; past issues should be handled differently, such as preventing future sales or storing them away.
"If retroactive prosecution is applied, then should past family planning enforcers be prosecuted for restricting births now that three children are allowed? Applying current laws to past actions is absurd," Wu said.
Gao's brother, Gao Qiang, said, "Artistic creation is as normal and constitutionally protected as any other work. The non-retroactivity of laws is a universally recognized principle. This is common knowledge that needs no proof."
International Support
Gao's arrest for his works from over a decade ago has drawn global attention, prompting calls for his release.
Human Rights in China publicized Gao’s detention to raise awareness.
"We also issued an English statement to the international community, calling for more involvement," Zhou Fengsuo said.
He urged the U.S. government to adopt a stronger stance. "Gao's son is a U.S. citizen, just six years old, and needs to return to school in the U.S. The American government should be firmer and request that the CCP allow the child and his family to leave freely," Zhou said.
Writer Ma Jian told Voice of America that nearly 200 notable artists, filmmakers, and exiles have signed an open letter he drafted in support of Gao. He intends to submit the list to international human rights organizations and the United Nations for further attention and advocacy.
New York artist Zheng Lianjie also called for Gao’s release, describing him as an important figure in China’s contemporary art scene. "With Gao imprisoned, as Chinese-American artists on free soil, we must advocate for independent artistic creation. If we remain silent, we will be absent from history," he said.
Gao Qiang, through Voice of America, appealed: "Gao’s son, an American citizen, is now six and at school age. His wife and child were set to fly back to New York on September 3 but were intercepted at Beijing airport on grounds of national security. They have since been under strict surveillance, frequently questioned by police. The CCP should not implicate the family; Gao's wife and child should be allowed to return to the U.S."
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