郭莉莉2026年8月26日高兟、高强和他们的作品《下跪忏悔的毛》,2009年摄于北京。 Shiho Fukada for The New York TimesA Chinese court on Tuesday sentenced a prominent New York-based artist, Gao Zhen, to three years in prison for making irreverent sculptures of Mao Zedong more than 15 years ago, according to his wife.据高兟妻子透露,中国一家法院周二判处这位已移居纽约的著名艺术家三年有期徒刑,理由是他曾在逾15年前创作了涉嫌亵渎毛泽东的雕塑。The Sanhe City People’s Court in Hebei Province found Mr. Gao guilty of slandering one of the country’s heroes, highlighting the shrinking space for expression under China’s leader, Xi Jinping.河北省三河市人民法院裁定高兟侵害英雄烈士名誉、荣誉罪成立,这凸显了在中国领导人习近平治下日益缩窄的表达空间。The case of Mr. Gao, who had emigrated to the United States and was detained in Beijing two years ago while visiting family, underlined the opacity of China’s legal system. The 70-year-old artist was tried during a one-day secret hearing in March that his family and U.S. diplomats were barred from attending. He was found guilty and sentenced during Tuesday’s hearing, which two of Mr. Gao’s other brothers were able to attend.已移居美国的高兟两年前回国探亲时在北京被拘留,他的案件凸显了中国法律体系的不透明性。今年3月,这位70岁的艺术家接受了为期一天的秘密聆讯,其家属和美国外交官被禁止旁听。在周二的聆讯中,他被判有罪并获刑,高的另外两个兄弟获准旁听。Mr. Gao is the elder of the artistic duo known as the Gao Brothers, who became famous during the early 2000s for their satirical and provocative takes on politically sensitive topics such as the Cultural Revolution, a decade of political turmoil unleashed by Mao, as well as the 1989 Tiananmen Square massacre.高兟是艺术组合“高氏兄弟”中的哥哥。该组合在21世纪初因对政治敏感话题(如毛泽东发动的为期十年的政治动乱文化大革命以及1989年天安门广场大屠杀)进行具有讽刺意味和挑衅性的艺术表达而声名鹊起。The three-year sentence, the maximum Mr. Gao could have received, means that he will serve one more year in prison after two years’ detention. The artist plans to appeal the court’s decision.三年刑期是高兟可能面临的最高量刑,这意味着在被羁押两年后,他还需在监狱服刑一年。这位艺术家计划对法院的判决提出上诉。Gao Qiang, Mr. Gao’s younger brother, who lives in New York and who worked with him on the Mao sculptures, said in a Facebook post before the sentencing that whatever the court decides, “history will ultimately judge the larger question: Whether an artist can be imprisoned for confronting history through art.”高兟的弟弟高强现居纽约,曾与他共同创作这些毛泽东雕塑。在宣判前,高强在Facebook上发帖称,无论法院作何判决,“历史最终将对这个更大的问题作出评判:一个艺术家是否会因为通过艺术直面历史而入狱。”“Gao Zhen has already lost nearly two years of freedom. He should go home,” Gao Qiang added.“高兟已经失去了近两年的自由。他应该回家了,”高强补充道。Gao Zhen was arrested at his art studio on the outskirts of Beijing while visiting China in 2024. When his wife, Zhao Yaliang, tried to take the couple’s 7-year-old son, a U.S. citizen, back to the United States, she was barred from leaving. The two have remained in China, waiting for Mr. Gao’s release. Mr. Gao has refused to confess or plead guilty, according to Ms. Zhao.2024年,高兟在回中国探亲期间于其位于北京郊区的艺术工作室被捕。他的妻子赵雅良试图带着他们身为美国公民的七岁儿子返回美国,但被限制出境。两人一直留在中国,等待高兟获释。据赵女士透露,高兟一直拒绝认罪。The Gao brothers rose to prominence at a time of relative openness in China. While the police shut down their exhibitions, the two were able to continue working and became known for their creative antics while evading the authorities. They held underground art exhibitions and in the case of one especially provocative sculpture — a bronze statue of Mao kneeling in repentance, called “Mao’s Guilt” — they kept the head of the sculpture separate, bringing it out only for special viewings.高氏兄弟是在中国相对开放的时期成名的。尽管警方曾关闭过他们的展览,但两人仍能继续创作,并因在躲避当局的同时进行富有创意的古怪行为而闻名。他们曾举办地下艺术展,其中最引人注目的是一件极具挑衅性的雕塑——一座名为《下跪忏悔的毛》的毛泽东下跪忏悔铜像——他们将雕塑的头部单独存放,只有在特别展出时才会拿出来。According to Ms. Zhao, that piece is one of three that prosecutors named in their evidence against Mr. Gao. The other two included a sculpture of Mao with breasts and a Pinocchio nose, and another that depicts a group of Mao likenesses with guns, preparing to execute Jesus.据赵女士透露,这件作品是检方指控高兟的证据中涉及的三件作品之一。另外两件包括一个长着乳房和匹诺曹长鼻子的毛泽东雕塑,以及另一件描绘一群长相酷似毛泽东的人举枪准备处决耶稣的作品。Criticism of Mao, the former Chinese leader whose legacy is considered central to the legitimacy of the Chinese Communist Party, is strictly controlled. As part of a campaign to enforce the Party’s version of history, China has made it illegal to tarnish the reputation of historical figures or to question official narratives.对前中国领导人毛泽东的批评受到严格控制,其政治遗产被视为中国共产党合法性的核心。作为推行官方版本历史运动的一部分,中国已将玷污历史人物名誉或质疑官方叙事的行为定为非法。Mr. Gao was charged under that slander law, which was passed in 2018, years after he produced the sculptures of Mao. Journalists, stand-up comedians and regular citizens have been punished under the same law, but Mr. Gao’s case is one of the first times that it has been used retroactively.高兟是被依据一项在2018年通过的相关诽谤法律起诉的,而这已经是他创作这些毛泽东雕塑多年之后的事情了。记者、脱口秀演员和普通公民都曾被依据同一法律受到过惩罚,但高的案件是该法首次被追溯适用的案例之一。People familiar with the case said Mr. Gao had been accused of disseminating images of the Mao sculptures online as recently as 2024, including on the cover of a biography of the former leader by a Chinese journalist who emigrated to the United States in the 1980s.熟悉该案的人士表示,高兟被控直到2024年还在网上散布这些毛泽东雕塑的图片,包括将其作为一位1980年代移居美国的中国记者所著的毛泽东传记的封面。Shane Yi, a researcher at the nonprofit Chinese Human Rights Defenders, said that by targeting Mr. Gao, the Chinese authorities were able to remind overseas Chinese citizens that the state still had power over them whether they are abroad or back in China.非营利组织“中国人权捍卫者”的研究员谢恩·易(音)表示,通过将矛头对准高兟,中国当局借机向海外中国公民发出警告:无论他们身处国外还是回到中国,国家对他们依然拥有管辖权。“But no matter which motive carries the most weight: A person has been locked up for two years over his art, and his wife and young son, a U.S. citizen, have been barred from leaving China this entire time,” he said.他说:“但无论哪种动机占主导:一个人因为他的艺术创作而被关押了两年,而且他的妻子和身为美国公民的幼子在此期间一直被禁止离开中国。”Ms. Zhao said that her husband had been punished while in prison, including being deprived of food, and being barred from reading books and getting letters from his family.赵女士说,她的丈夫在狱中受到了惩罚,包括被剥夺食物,被禁止阅读书籍以及接收家人的来信。Still, Mr. Gao has continued to make art, tearing pieces of plain paper to make portraits of his family. In a recent letter to his wife, Mr. Gao enclosed a poem: “Sleepless nights, tossing and turning, memories drift like clouds and smoke/Once a dragon slayer, now imprisoned, he has no regrets for mocking the wicked.”尽管如此,高兟仍在继续创作艺术,撕扯白纸制作家人的肖像。在最近给妻子的一封信中,高先生附上了一首诗:“不眠之夜,辗转反侧,记忆如云烟般飘散 / 曾经的屠龙者,如今身陷囹圄,对嘲弄邪恶之事无怨无悔。”Pei-Lin Wu对本文有报道贡献。郭莉莉(Lily Kuo)是《纽约时报》报道中国记者,常驻台北。翻译:纽约时报中文网点击查看本文英文版。