Kennedy School of Government graduate and pro-democracy activist Yang Jianli has refused to appeal a five-year Chinese prison sentence for espionage, citing illegal misconduct by China’s judicial system.

Yang was found guilty and sentenced on May 13, and had 10 days to appeal the court’s decision.

Yang’s Washington-based lawyer Jared Genser said that he was surprised at the decision, but he said that it was a personal choice for Yang.

“If it were me, I wouldn’t have made the same decision, but it is hard to second guess his judgement when he is the one who has to live with the consequences of his actions,” Genser said.

In an interview immediately following the sentencing Genser had said that Yang would appeal the decision.

Although Genser said that Yang would probably not be able to get the sentence overturned, he did say that Yang had a good chance of getting the sentence reduced.

“But the odds are pretty good that he’ll get a shorter sentence,” Genser said.

Genser said that Yang did not follow the advice of his family and lawyers.

“He made this decision on his own against the advice of his Chinese lawyers, his family and his American lawyers,” Genser said.

But Yang did cite several examples of misconduct in a six-page statement explaining what led to his refusal to file an appeal.

One example mentioned in the statement was the delaying of the verdict until May 13, 2004 even though Chinese law mandated that the verdict be delivered by Dec. 1, 2003.

Yang also wrote that the Chinese prison had denied him private visits with his lawyer and family members.

Genser attributed Yang’s decision to a desire to gain control over his own situation.

“His view is that he has very little control of his situation, but one thing he does have control of is whether or not to acknowledge his verdict,” Genser said.

Last April the U.S. State Department investigated allegations that Yang was a victim of abuse and human rights violations in the Beijing prison where he has been held for almost two years.

Yang’s wife, Harvard medical School researcher Christina X. Fu, has said that Yang was placed in solitary confinement with handcuffs until his hands became bloodied and infected following his attempts to protest his detention.

Fu could not be reached for comment yesterday.

Genser said that one of the downsides of Yang’s refusal to appeal is that he will no longer be able to talk to his Beijing-based lawyer, Mo Shaoping.

“In the interim we have no idea how he is being treated,” Genser said.

Yang was initially arrested in Kunming on April 26, 2002, after entering China with a friend’s passport and using a fake identification card. Yang had been banned from China after participating in the 1989 Tiananmen Square protests for democracy.

Since Yang has already served over two years of his five-year prison sentence, Genser said he will be eligible for parole under Chinese Law on Oct. 26 of this year.

“He is going to be given credit for time served,” Genser said.

Genser said that despite Yang’s refusal to file an appeal, he will work to free him from prison as soon as possible.

“We are going to continue to push hard for his early release,” Genser said.

Genser also highlighted the tremendous influence that Harvard could exert on Yang’s behalf.

“I would reiterate the importance of the Harvard community, particularly [University President Lawrence H.] Summers, in continuing to put pressure on the Chinese government,” Genser said.

—Staff writer Evan M. Vittor can be reached at evittor@fas.harvard.edu.