2013-06-02   Situation of human rights lawyers in China

Commenced in March 2013, “Power to Justice” is the monthly electronic newsletter issued by the China Human Rights Lawyers Concern Group. Its aim is to update our partners and international community on the latest development of legal justice and human rights in China, as well as news of our recent activities.

 From:  info@chrlawyers.hk.

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 Lawyers under suppressions in past two months

China Human Rights Lawyers Concern Group

Power to Justice, May 2013

1.    Repeated failure in lawyers’ annual registration

Two lawyers who lost their licenses in 2012 have failed to renew their license again in 2013.

1.1.         Chen Wuquan

Chen Wequan is a Guangzhou lawyer. His license was snatched by police in April 2012 while he was one the way to meet Chen Kegui, nephew of barefoot lawyer Chen Guangcheng.

In May 2012, Chen was notified that his annual registration was on hold because the Shantou Lawyers Association, along with Shantou Ministry of Justice made a complaint about his earlier article. It articulated the unlawful practices in a trial he participated in. [5] Chen was later dismissed by his law firm. Chan Wuquan communicated with Guagnzhou Lawyers Association and Guangzhou Ministry of Justice. Both had promised to review his annual registration. However, until today there has been no news about Chen Wuquan’s annual registration. [6]

1.2 Wang Cheng

Wang Cheng is a lawyer in Hangzhou. In 2011 he sued the Jiangxi Government for vote-rigging in the local election the National People’s Congress on behalf of Li Sihua, independent candidate of the said election.

After his contract ended in September 2011, Wang Cheng moved to Zehou Law Firm in Zhejiang in February 2012. However, he could not sign the contract with the firm because the Lawyers Association did not handle the transfer requests from February to May. Wang Cheng asked the law firm he previously worked in to apply for a postponement of annual registration for him in 2012 so that he could finish the transferal procedures.

However, the law firm did not do because it received order from the Ministry of Justice not to apply for him. Zehou Law Firm, the new law firm that Wang Cheng was supposed to transfer to, also received order from the Ministry of Justice that it could not sign a contract with Wang Cheng.

In April 2012, Wang Cheng was notified that his license was revoked for ‘not transferring to a new law firm within six months’. Officials from Hangzhou informed Wang Cheng that his case would be reviewed until ‘his problem is resolved’.

2.    Judicial Detention

2.1 Wang Quanzhang

On 4th April 2013, Beijing lawyer Wang Quanzhang was judicially detained after a trial at Jing Jiang court. He was detained with the charge of “severely obstructing order in court” after taking a photo of a document for back-up.

He was released after two days. He was the first lawyer to be detained for ‘severely obstructing order in court’ after the release of a judicial interpretation for the amended Criminal Procedure Law by the Supreme People’s Court. Wang will request for a review on Jing Jiang Court’s decision.

3.    Assault

3.1 Chen Hai

On 12th April, Anhui lawyer Cheng Hai was assaulted by ten policemen in plainclothes outside a court in Dalian because he questioned about the reason of the postponement of a Falun Gong case.

4.    Detention

4.1 Jiang Yuanmin

On 14th April, Shenzhen lawyer Jiang Yuanmin was retaliated because he represented the peasants who lost their land in San Ya, Hainan. He was detained with the charge of “assembling crowds to disturb public order” and was interrogated for 24 hours. Jiang’s physical condition was very bad but the detention centre did not provide him any medical treatment.

As of 31^st May, Jiang Yuanmin is still detained. The case has been sent back from the procuratorate to the police because ‘the facts are not clear’. Police will conduct supplementary investigations on the case.

4.2 Cui Jianan

On 15th April, Beijing female lawyer Cui Jianan reported Chen Gang, the Vice Mayor of Beijing, about his alleged deception of housing maintenance fund. The police detained her with the charge of “obstructing public order”. She was detained for more than ten hours and was injected unknown substance. Later she had a heart attack during the detention and was sent to hospital.

4.3 Eight Lawyers detained for over 12 hours, seven of them were beaten up outside Sichuan’s largest black jail

On 13th May, Lin Qilei, Guo Haiyue, Jiang Tianyong, Tang Jitian, Liang Xiaojun, Tang Tianhao and Zhang Keke tried to visit the largest black jail in Sichuan in the morning of 13th May. They were beaten severely by several unidentified persons. Later they were detained for more than twelve hours at Ying Jie Town Police Station with the charge of “obstructing the business of the officials”.

Several hours later, Wang Cheng, Wen Haibo, Li Heping and Yang Huiwen went to Ziyang, Sichuan to rescue the abovementioned lawyers but the four lawyers were also detained. After being interrogated for more than twelve hours, Wang Cheng, Wen Haibo and Yang Huiwen were released at around 2a.m.. Li Heping was detained with the charge of “spreading false information”.

All lawyers were released the next day.

5.    Arrest

5.1 Ding Jiaxi

On 17th April, Beijing lawyer Ding Jiaxi was summoned with the charge of “illegal assembly” and he is still detained. It is suspected that the detention was due to his advocacy for disclosure of officials’ wealth and equal rights of education in Beijing.[7]

On 25^th May, the procuratorate officially announced its arrest of Ding Jiaxi with the charge of  ‘illegal assembly’.

6.    Other forms of suppression

6.1 Li Jinxing and Yang Jinzhu

On 21^st May, Li Jinxing and Yang Jinzhu attended a trial at Beihai, Guangxi. When Li Jinxing raised questions about the methods of investigation used by the Commission for Discipline Inspection, he was interrupted by the president judge. Li was removed from the court by the guards because he insisted in raising the questions. Yang was also removed from the court due to his  protest against the decision made by the president judge. The judge declared that both lawyers were not allowed to handle this case anymore.

Lawyers in China raised great concern over the incident. Li and Yang expressed their objection to the court. They were allowed to meet with their client afterwards.

The abovementioned cases have shown clearly the fact that human rights lawyers are under severe suppression. Some persons relate their suppression to the New Citizens Movement, which has started since July last year. Whether it is true or not, the dream on the new leaders seems to have broken. The Constitution dream promoted by Xi Jinping is proved to be a lip service. It seems that the Chinese new leaders have tightly followed their predecessors. Establishment of rule of law from above is unlikely to start. The movement to demand political openness and the rule of law from below must persist.