「森直口快」月訂計劃

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2010年12月11日 星期六

《我沒有敵人——我的最後陳述》

劉曉波(2009年12月23日)

在我已過半百的人生道路上,1989年6月是我生命的重大轉折時刻。那之前,我是文革後恢復高考的第一屆大學生(七七級),從學士到碩士再到博士,我的讀書生涯是一帆風順,畢業後留在北京師範大學任教。在講台上,我是一名頗受學生歡迎的教師。同時,我又是一名公共知識份子,在上世紀八十年代發表過引起轟動的文章與著作,經常受邀去各地演講,還應歐美國家之邀出國做訪問學者。我給自己提出的要求是:無論做人還是為文,都要活得誠實、負責、有尊嚴。那之後,因從美國回來參加八九運動,我被以“反革命宣傳煽動罪”投入監獄,也失去了我酷愛的講台,再也不能在國內發表文章和演講。僅僅因為發表不同政見和參加和平民主運動,一名教師就失去了講台,一個作家就失去了發表的權利,一位公共知識人就失去公開演講的機會,這,無論之於我個人還是之於改革開放已經三十年的中國,都是一種悲哀。

想起來,六四後我最富有戲劇性的經歷,居然都與法庭相關;我兩次面對公眾講話的機會都是北京市中級法院的開庭提供的,一次是1991年1月,一次是現在。雖然兩次被指控的罪名不同,但其實質基本相同,皆是因言獲罪。

二十年過去了,六四冤魂還未瞑目,被六四情結引向持不同政見者之路的我,在1991年走出秦城監獄之後,就失去了在自己的祖國公開發言的權利,而只能通過境外媒體發言,並因此而被長年監控,被監視居住(1995年5月-1996年1月),被勞動教養(1996年10月-1999年10月),現在又再次被政權的敵人意識推上了被告席,但我仍然要對這個剝奪我自由的政權說,我監守著二十年前我在《六二絕食宣言》中所表達的信念----我沒有敵人,也沒有仇恨。所有監控過我,捉捕過我、審訊過我的員警,起訴過我的檢察官,判決過我的法官,都不是我的敵人。雖然我無法接受你們的監控、逮捕、起訴和判決,但我尊重你的職業與人格,包括現在代表控方起訴我的張榮革和潘雪晴兩位檢察官。在12月3日兩位對我的詢問中,我能感到你們的尊重和誠意。

因為,仇恨會腐蝕一個人的智慧和良知,敵人意識將毒化一個民族的精神,煽動起你死我活的殘酷鬥爭,毀掉一個社會的寬容和人性,阻礙一個國家走向自由民主的進程。所以,我希望自己能夠超越個人的遭遇來看待國家的發展和社會的變化,以最大的善意對待政權的敵意,以愛化解恨。

眾所周知,是改革開放帶來了國家的發展和社會的變化。在我看來,改革開放始於放棄毛時代的“以階級鬥爭為綱”的執政方針。轉而致力於經濟發展和社會和諧。放棄“鬥爭哲學”的過程也是逐步淡化敵人意識、消除仇恨心理的過程,是一個擠掉浸入人性之中的“狼奶”的過程。正是這一進程,為改革開放提供了一個寬鬆的國內外環境,為恢復人與人之間的互愛,為不同利益不同價值的和平共處提供了柔軟的人性土壤,從而為國人的創造力之迸發和愛心之恢復提供了符合人性的激勵。可以說,對外放棄“反帝反修”,對內放棄“階級鬥爭”,是中國的改革開放得以持續至今的基本前提。經濟走向市場,文化趨於多元,秩序逐漸法治,皆受益於“敵人意識”的淡化。即使在進步最為緩慢的政治領域,敵人意識的淡化也讓政權對社會的多元化有了日益擴大的包容性,對不同政見者的迫害之力度也大幅度下降,對八九運動的定性也由“動暴亂”改為“政治風波”。敵人意識的淡化讓政權逐步接受了人權的普世性,1998年,中國政府向世界做出簽署聯合國的兩大國際人權公約的承諾,標誌著中國對普世人權標準的承認;2004年,全國人大修憲首次把“國家尊重和保障人權”寫進了憲法,標誌著人權已經成為中國法治的根本原則之一。與此同時,現政權又提出“以人為本”、“創建和諧社會”,標誌著中共執政理念的進步。

這些宏觀方面的進步,也能從我被捕以來的親身經歷中感受到。

儘管我堅持認為自己無罪,對我的指控是違憲的,但在我失去自由的一年多時間裏,先後經歷了兩個關押地點、四位預審警官、三位檢察官、二位法官,他們的辦案,沒有不尊重,沒有超時,沒有逼供。他們的態度平和、理性,且時時流露出善意。6月23日,我被從監視居住處轉到北京市公安局第一看守所,簡稱“北看”。在北看的半年時間裡,我看到了監管上的進步。

1996年,我曾在老北看(半步橋)呆過,與十幾年前半步橋時的北看相比,現在的北看,在硬體設施和軟體管理上都有了極大的改善。特別是北看首創的人性化管理,在尊重在押人員的權利和人格的基礎上,將柔性化的管理落實到管教們的一言一行中,體現在“溫馨廣播”、“悔悟”雜誌、飯前音樂、起床睡覺的音樂中,這種管理,讓在押人員感到了尊嚴與溫暖,激發了他們維持監室秩序和反對牢頭獄霸的自覺性,不但為在押人員提供了人性化的生活環境,也極大地改善了在押人員的訴訟環境和心態,我與主管我所在監室的劉崢管教有著近距離的接觸,他對在押人員的尊重和關心,體現在管理的每個細節中,滲透到他的一言一行中,讓人感到溫暖。結識這位真誠、正直、負責、善心的劉管教,也可以算作我在北看的幸運吧。

政治基於這樣的信念和親歷,我堅信中國的政治進步不會停止,我對未來自由中國的降臨充滿樂觀的期待,因為任何力量也無法阻攔心向自由的人性欲求,中國終將變成人權至上的法治國。我也期待這樣的進步能體現在此案的審理中,期待合議庭的公正裁決----經得起歷史檢驗的裁決。

如果讓我說出這二十年來最幸運的經歷,那就是得到了我的妻子劉霞的無私的愛。今天,我妻子無法到庭旁聽,但我還是要對你說,親愛的,我堅信你對我的愛將一如既往。這麼多年來,在我的無自由的生活中,我們的愛飽含著外在環境所強加的苦澀,但回味起來依然無窮。我在有形的監獄中服刑,你在無形的心獄中等待,你的愛,就是超越高牆、穿透鐵窗的陽光,扶摸我的每寸皮膚,溫暖我的每個細胞,讓我始終保有內心的平和、坦蕩與明亮,讓獄中的每分鐘都充滿意義。耳蝸對你的愛,充滿了負疚和歉意,有時沉重得讓我腳步蹣跚。我是荒野中的頑石,任由狂風暴雨的抽打,冷得讓人不敢觸碰。但我的愛是堅硬的、鋒利的,可以穿透任何阻礙。即使我被碾成粉末,我也會用灰燼擁抱你。

親愛的,有你的愛,我就會坦然面對即將到來的審判,無悔於自己的選擇,樂觀地期待著明天。我期待我的國家是一片可以自由表達的土地,在這裡,每一位國民的發言都會得到同等的善待;在這裡,不同的價值、思想、信仰、政見……既相互競爭又和平共處;在這裡,多數的意見和少數的意見都會得到平等的保障,特別是那些不同於當權者的政見將得到充分的尊重和保護;在這裡,所有的政見都將攤在陽光下接受民眾的選擇,每個國民都能毫無恐懼地發表政見,決不會因發表不同政見而遭受政治迫害;我期待,我將是中國綿綿不絕的文字獄的最後一個受害者,從此之後不再有人因言獲罪。

表達自由,人權之基,人性之本,真理之母。封殺言論自由,踐踏人權,窒息人性,壓抑真理。

為餞行憲法賦予的言論自由之權利,當盡到一個中國公民的社會責任,我的所作所為無罪,即便為此被指控,也無怨言。

謝謝各位!

At the award Ceremony on Friday, 10, Dec 2010, Nobel Peace Prize winner Liu Xiaobo was not present to collect his prize, but one of his writings "I Have No Enemies: My Final Statement" was read by Liv Ullman.

In the course of my life, for more than half a century, June 1989 was the major turning point. Up to that point, I was a member of the first class to enter university when college entrance examinations were reinstated following the Cultural Revolution (Class of ''77). From BA to MA and on to PhD, my academic career was all smooth sailing. Upon receiving my degrees, I stayed on to teach at Beijing NormalUniversity. As a teacher, I was well received by the students. At the same time, I was a public intellectual, writing articles and books that created quite a stir during the 1980s, frequently receiving invitations to give talks around the country, and going abroad as a visiting scholar upon invitation from Europe and America. What I demanded of myself was this: whether as a person or as a writer, I would lead a life of honesty, responsibility, and dignity. After that, because I had returned from the U.S. to take part in the 1989 Movement, I was thrown into prison for "the crime of counter‑revolutionary propaganda and incitement." I also lost my beloved lectern and could no longer publish essays or give talks in China. Merely for publishing different political views and taking part in a peaceful democracy movement, a teacher lost his lectern, a writer lost his right to publish, and a public intellectual lost the opportunity to give talks publicly. This is a tragedy, both for me personally and for a China that has already seen thirty years of Reform and Opening Up.

When I think about it, my most dramatic experiences after June Fourth have been, surprisingly, associated with courts: My two opportunities to address the public have both been provided by trial sessions at the Beijing Municipal Intermediate People's Court, once in January 1991, and again today. Although the crimes I have been charged with on the

Twenty years have passed, but the ghosts of June Fourth have not yet been laid to rest. Upon release from Qincheng Prison in 1991, I, who had been led onto the path of political dissent by the psychological chains of June Fourth, lost the right to speak publicly in my own country and could only speak through the foreign media. Because of this, I was subjected to year‑round monitoring, kept under residential surveillance (May 1995 to January 1996) and sent to Reeducation‑Through‑Labor (October 1996 to October 1999). And now I have been once again shoved into the dock by the enemy mentality of the regime. But I still want to say to this regime, which is depriving me of my freedom, that I stand by the convictions I expressed in my "June Second Hunger Strike Declaration" twenty years ago ‑ I have no enemies and no hatred. None of the police who monitored, arrested, and interrogated me, none of the prosecutors who indicted me, and none of the judges who judged me are my enemies. Although there is no way I can accept your monitoring, arrests, indictments, and verdicts, I respect your professions and your integrity, including those of the two prosecutors, Zhang Rongge and Pan Xueqing, who are now bringing charges against me on behalf of the prosecution. During interrogation on December 3, I could sense your respect and your good faith.

Hatred can rot away at a person's intelligence and conscience. Enemy mentality will poison the spirit of a nation, incite cruel mortal struggles, destroy a society's tolerance and humanity, and hinder a nation's progress toward freedom and democracy. That is why I hope to be able to transcend my personal experiences as i look upon our nation's development and social change, to counter the regime's hostility with utmost goodwill, and to dispel hatred with love.

Everyone knows that it was Reform and Opening Up that brought about our country's development and social change. In my view, Reform and Opening Up began with the abandonment of the "using class struggle as guiding principle" government policy of the Mao era and, in its place, a commitment to economic development and social harmony. The process of abandoning the "philosophy of struggle" was also a process of gradual weakening of the enemy mentality and elimination of the psychology of hatred, and a process of squeezing out the "wolf's milk" that had seeped into human nature. It was this process that provided a relaxed climate, at home and abroad, for Reform and Opening Up, gentle and humane grounds for restoring mutual affection among people and peaceful coexistence among those with different interests and values, thereby providing encouragement in keeping with humanity for the bursting forth of creativity and the restoration of compassion among our countrymen. One could say that relinquishing the "anti‑imperialist and anti‑revisionist" stance in foreign relations and "class struggle" at home has been the basic premise that has enabled Reform and Opening Up to continue to this very day. The market trend in the economy, the diversification of culture, and the gradual shift in social order toward the rule of law have all benefitted from the weakening of the "enemy mentality." Even in the political arena, where progress is slowest, the weakening of the enemy mentality has led to an ever‑growing tolerance for social pluralism on the part of the regime and substantial decrease in the force of persecution of political dissidents, and the official designation of the 1989 Movement has also been changed from "turmoil and riot" to "political disturbance." The weakening of the enemy mentality has paved the way for the regime to gradually accept the universality of human rights. In [1997 and] 1998 the Chinese government made a commitment to sign two major United Nations international human rights covenants, signaling China's acceptance of universal human rights standards. In 2004, the National People's Congress (NPC) amended the Constitution, writing into the Constitution for the first time that "the state respects and guarantees human rights," signaling that human rights have already become one of the fundamental principles of China's rule of law. At the same time, the current regime puts forth the ideas of "putting people first" and "Creating a harmonious society," signaling progress in the CPC's concept of rule.

I have also been able to feel this progress on the macro level through my own personal experience since my arrest.

Although I continue to maintain that I am innocent and that the charges against me are unconstitutional, during the one plus year since I have lost my freedom, I have been locked up at two different locations and gone through four pretrial police interrogators, three prosecutors, and two judges, but in handling my case, they have not been disrespectful, overstepped time limitations, or tried to force a confession. Their manner has been moderate and reasonable; moreover, they have often shown goodwill. On June 23, I was moved from a location where I was kept under residential surveillance to the Beijing Municipal Public Security Bureau's No. 1 Detention Center, known as "Beikan." During my six months at Beikan, I saw improvements in prison management.

In 1996, I spent time at the old Beikan (located at Banbuqiao). Compared to the old Beikan of more than a decade ago, the present Beikan is a huge improvement, both in terms of the "hard­ware" ‑ the facilities ‑ and the "software" ‑ the management. In particular, the humane management pioneered by the new Beikan, based on respect for the rights an integrity of detainees, has brought flexible management to bear on every aspect of the behavior of the correctional staff, and has found expression in the "comforting broadcasts," Repentance magazine, and music before meals, on waking and at bedtime. This style of management allows detainees to experience a sense of dignity and warmth, and stirs their consciousness in maintaining prison order and opposing the bullies among inmates. Not only has it provided a humane living environment for detainees, it has also greatly improved the environment for their litigation to take place and their state of mind. I've had close contact with correctional officer Liu Zheng, who has been in charge of me in my cell, and his respect and care for detainees could be seen in every detail of his work, permeating his every word and deed, and giving one a warm feeling. It was perhaps my good fortune to have gotten to know this sincere, honest, conscien­tious, and kind correctional officer during my time at Beikan.

It is precisely because of such convictions and personal experience that I firmly believe that China's political progress will not stop, and I, filled with optimism, look forward to the advent of a future free China. For there is no force that can put an end to the human quest for freedom, and China will in the end become.a nation ruled by law, where human rights reign supreme. I also hope that this sort of progress can be reflected in this trial as I await the impartial ruling of the
collegial bench ‑ a ruling that will withstand the test of history.

If I may be permitted to say so, the most fortunate experience of these past twenty years has been the selfless love I have received from my wife, Liu Xia. She could not be present as an observer in court today, but I still want to say to you, my dear, that I firmly believe your love for me will remain the same as it has always been. Throughout all these years that I have lived without freedom, our love was full of bitterness imposed by outside circumstances, but as I savor its aftertaste, it remains boundless. I am serving my sentence in a tangible prison, while you wait in the intangible prison of the heart. Your love is the sunlight that leaps over high walls and penetrates the iron bars of my prison window, stroking every inch of my skin, warming every cell of my body, allowing me to always keep peace, openness, and brightness in my heart, and filling every minute of my time in prison with meaning. My love for you, on the other hand, is so full of remorse and regret that it at times makes me stagger under its weight. I am an insensate stone in the wilderness, whipped by fierce wind and torrential rain, so cold that no one dares touch me. But my love is solid and sharp, capable of piercing through any obstacle. Even if I were crushed into powder, I would still use my ashes to embrace you.

My dear, with your love I can calmly face my impending trial, having no regrets about the choices I've made and optimistically awaiting tomorrow. I look forward to [the day] when my country is a land with freedom of expression, where the speech of every citizen will be treated equally well; where different values, ideas, beliefs, and political views ... can both compete with each other and peacefully coexist; where both majority and minority views will be equally guaranteed, and where the political views that differ from those currently in power, in particular, will be fully respected and protected; where all political views will spread out under the sun for people to choose from, where every citizen can state political views without fear, and where no one can under any circumstances suffer political persecution for voicing divergent political views. I hope that I will be the last victim of China's endless literary inquisitions and that from now on no one will be incriminated because of speech.

Freedom of expression is the foundation of human rights, the source of humanity, and the mother of truth. To strangle freedom of speech is to trample on human rights, stifle humanity, and suppress truth.

In order to exercise the right to freedom of speech conferred by the Constitution, one should fulfill the social responsibility of a Chinese citizen. There is nothing criminal in anything I have done. [But] if charges are brought against me because of this, I have no complaints.

Thank you, everyone.

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