Vaccine Rights Pioneer He Fangmei Sentenced to Five and a Half Years for “Bigamy”

He Fangmei, a vaccine rights advocate from Henan and founder of the advocacy group "Vaccine Babies' Home," was sentenced to five years and six months by a court on charges including "bigamy" after more than four years in detention. (Dajiyuan)

[People News] He Fangmei, a vaccine rights advocate from Henan and founder of the rights group "Vaccine Babies' Home," was recently sentenced to five and a half years in prison by a court on charges of "bigamy" and other crimes after more than four years in detention. This news has sparked widespread concern about her three young children, with some in the media saying the children have become the youngest “political prisoners” due to their parents’ activism.

According to Voice of America, on October 23, a court in Huixian, Henan Province, convicted He Fangmei of “bigamy” and “picking quarrels and provoking trouble,” with the verdict announced at the detention center in Xinxiang. In March 2018, He Fangmei had her daughter vaccinated with the DTP (diphtheria, tetanus, and pertussis) vaccine. Two months later, her daughter began showing symptoms and was later diagnosed with viral myelitis, leading to paralysis and muscle atrophy in all four limbs. He believed the vaccine’s quality was to blame and began to petition the government for redress, working with other parents to promote vaccine safety legislation in China.

During the 2019 National People’s Congress session, He Fangmei and other parents of affected children held a fundraiser at Wangfujing in Beijing, bringing her and her family under close surveillance by authorities. The following year, in October, she protested against being obstructed by authorities when taking her disabled daughter to Beijing for medical treatment, splashing paint outside the Huixian government building. She and her husband, Li Xin, were subsequently arrested.

Defense Lawyer: Sentence Too Severe, Charges Questionable

One of He Fangmei’s defense lawyers, Zhang Keke, told Voice of America he raised objections to the bigamy charge, as He’s former husband had never filed any complaint against her for bigamy.

“Bigamy implies she was living with another person and had children while still married. A charge like that typically needs a complaint from the former spouse, who in this case has not sued her, which should exempt her from punishment. As for ‘picking quarrels and provoking trouble,’ it doesn’t seem she disturbed public order. Her actions, such as throwing paint outside a government building, stem from her daughter’s disability due to a vaccine and her attempts to seek compensation that was never provided. So, what’s called ‘picking quarrels’ here should be seen as a form of rights defense, not a crime, and does not warrant such a heavy sentence.”

He Fangmei’s case was heard as early as March 2022, but the verdict was only delivered two years later. Another lawyer for He argued that the authorities had violated legal procedures by detaining her far past legal limits, as no formal extensions for trial proceedings had been filed. This lawyer, who remained anonymous for security reasons, noted there was room for debate regarding both charges.

“She divorced her former husband two years ago, so the bigamy should no longer be relevant. Under such circumstances, a lesser sentence, like six to eight months, should be applied. Instead, they sentenced her to a year and a half or two years. In my view, this shouldn’t constitute a crime. If she damaged government property by pouring paint, the most she should face is a two-year sentence. The five-and-a-half-year sentence is profoundly unfair and unjust. Her persistent rights advocacy for her injured child has likely affected local government performance reviews, and I suspect this sentence has elements of retaliation.”

Analysis: Sentence Meant to Intimidate

Two years ago, Li Xin, He Fangmei’s husband, was sentenced and is currently serving time in Jiaozuo Prison.

Chen Liqun, Vice Chairman of the Chinese Democratic Party National Committee in the U.S., has been closely following He’s case and believes the heavy sentence is directly linked to her founding of "Vaccine Babies' Home."

“Alongside traditional vaccines, the COVID-19 vaccine has also caused post-vaccination issues in some individuals, especially children. By giving He Fangmei such a heavy sentence, they aim to intimidate families of other victims. The five-and-a-half-year sentence is unimaginable, especially considering her three minor children. The sentencing is meant more as a warning than a punishment.”

When He Fangmei was detained in October 2020, she was pregnant. She, along with her then seven-year-old and four-year-old children, was sent to a psychiatric hospital’s affiliated nursing home in Xinxiang. The following year, after giving birth to her youngest daughter, He was transferred to a detention center. This separation has kept her from her children for a significant period. According to Chen Liqun, her eldest son was left with others, while her two daughters remained in the nursing home.

“Her eldest son was fostered by a family who treated him poorly, leading to psychological trauma. He was then transferred to another household, which reportedly treated him slightly better. Her eldest daughter, who is disabled and now seven years old, has not received schooling, nor has her younger daughter, who is nearly four. As the girls grow older, they will face increasing difficulties.”

Two years ago, family members who saw the girls noted they were poorly cared for. Although the family wishes to take care of the children themselves, they have been prevented from doing so.

“They found the girls in poor condition, lying in bed with everything from the bedding to their bodies emitting a foul odor. An aunt helped bathe and change their clothes. People outside have tried to provide humanitarian assistance, hoping that family members could care for the children, but He Fangmei’s sister hasn’t been able to obtain guardianship. Even though guardianship was supposedly granted, the authorities kept delaying, and by June of this year, the children could no longer be found. It appears that the authorities fear He’s influence will grow and affect their stability efforts, leading them to disregard the children’s well-being entirely in the name of maintaining stability.”

Young Daughters Lack Care, Whereabouts Unknown

Shengliang Lin, founder of the China Human Rights Accountability Database, told Voice of America that in his view, He Fangmei’s children, now aged 11, 7, and 4, have become China’s youngest political prisoners.

“In He Fangmei’s case, the CCP has even targeted her children. They’ve been under long-term restrictions, making them likely the youngest political prisoners. We cannot assess the treatment they’re receiving. Even when they do have contact with family, their young age and underdeveloped intellect prevent them from fully describing their experiences and trauma. This level of rights persecution goes beyond what any of us could imagine.”

Several government officials connected to He Fangmei’s case have been added to the China Human Rights Accountability Database, formerly known as the “List of Perpetrators.” Shengliang Lin hopes to create public pressure by making these officials’ information available.

“Last year, the database collected detailed information on more than a dozen officials involved in the case, including police officers, national security personnel, township party secretaries, and other leaders. We’ve included their names, positions, ID numbers, and contact information. Many volunteers have been calling these officials to issue warnings. We may also publicly disclose additional information on specific officials, including details about their spouses, children, and assets.”