Text of report by Hong Kong Information Centre for Human Rights and Democracy on 25 November

[Unattributed report: "Beijing Procuratorate Returns Liu Xiaobo's Case to Public Security Authorities for Supplemental Investigation; His Chance of Release Has Greatly Increased"]

Our centre has learned that after Barack Obama mentioned Liu Xiaobo's case to Hu Jintao, the No. 1 branch of the Beijing procuratorate decided on the afternoon of 24 November that it would, for the time being, not institute a prosecution against Liu Xiaobo and instead return the case to the public security bureau for supplemental investigation. This is already the second time the procuratorate has not decided to institute a prosecution against Liu Xiaobo. In light of previous cases, such as that of "Stainless Steel Mouse" Liu Di, Liu Xiaobo may be exempted from prosecution and released by 24 January.

Liu Xiaobo, 54, was taken into custody in December last year and officially arrested on 23 June this year for "inciting subversion of state power." On 24 September, the day the procuratorate was due to decide whether or not to institute a prosecution against Liu Xiaobo, his lawyer was informed that the case was being returned to public security organs and the period of investigation extended by two months. Yesterday [24 November] the procuratorate once again extended the period of investigation by two months. Since it may, according to law, extend the period of investigation only twice, the procuratorate will have to decide by 24 January whether to release or indict Liu Xiaobo.

At the moment Liu Xiaobo's chance of release has greatly increased, as the procuratorate has cited "a lack of evidence" as the reason for requesting a supplemental investigation by public security authorities but it is reckoned that the latter will have great difficulty presenting new evidence to the former over the next two months because the "Charter 08" movement is an open activity, of which all evidence that could be gathered by public security authorities surely have already been gathered during his almost one year in custody. For instance, the procuratorate twice returned "Stainless Steel Mouse" Liu Di's case for investigation because of insufficient evidence and decided at the statutory time limit to not institute a prosecution.

It has been learned from diplomatic personnel that Obama did mention Liu Xiaobo's name in his visit to China.

Liu Xiaobo's lawyer is meeting with him this afternoon.

Source: Information Centre for Human Rights and Democracy, Hong Kong, in Chinese 25 Nov 09

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