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On Eve of Nobel Ceremony the Committee to Support Chinese Lawyers Calls for a Halt to Recent Crackdown on Lawyers

Date: 2010-12-09

On the eve of the Nobel Peace Prize Award Ceremony in Oslo, the Committee to Support Chinese Lawyers calls upon Chinese authorities to halt the harassment of lawyers that has intensified since Liu Xiaobo (刘晓波) was named this year’s recipient. China has repeatedly committed itself to the rule of law and the independence of the legal profession. This day should represent a recommitment to those principles.
Since the Nobel was announced, Chinese lawyers have been harassed and prevented from pursuing their professional duties. Lawyers have had their ability to effectively represent their clients compromised by house arrest and surveillance. In one instance, such surveillance resulted in the lawyer being forced to conduct a client meeting in the presence of police. Other lawyers have been prevented from meeting with their detained clients altogether, in contravention of Chinese law. Lawyers have also been barred from leaving China to attend professional and scholarly conferences, and to participate in legal education and legal exchange programs—all on the grounds that such movements would endanger state security. Numerous lawyers have been put under surveillance and face restrictions on their personal freedoms. Some have been summoned by the police for interrogations, while others have been specifically barred from speaking to the press. Examples of these incidents are included in this chronology.
Based on these reports of harassment and interference with professional functions, the Committee today sent a letter to the Ministry of Justice, calling upon it to investigate the recent crackdowns on lawyers. In its letter, the Committee detailed the extensive violations of lawyers’ rights and ability to represent their clients as accepted under both international and Chinese domestic law. It called upon the government to uphold China’s existing commitment to the Basic Principles on the Role of Lawyers and ensure the effective protection of lawyers carrying out their professional functions.

Since the Nobel was announced, Chinese lawyers have been harassed and prevented from pursuing their professional duties. Lawyers have had their ability to effectively represent their clients compromised by house arrest and surveillance. In one instance, such surveillance resulted in the lawyer being forced to conduct a client meeting in the presence of police. Other lawyers have been prevented from meeting with their detained clients altogether, in contravention of Chinese law. Lawyers have also been barred from leaving China to attend professional and scholarly conferences, and to participate in legal education and legal exchange programs—all on the grounds that such movements would endanger state security. Numerous lawyers have been put under surveillance and face restrictions on their personal freedoms. Some have been summoned by the police for interrogations, while others have been specifically barred from speaking to the press. Examples of these incidents are included in this chronology.

Based on these reports of harassment and interference with professional functions, the Committee today sent a letter to the Ministry of Justice, calling upon it to investigate the recent crackdowns on lawyers. In its letter, the Committee detailed the extensive violations of lawyers’ rights and ability to represent their clients as accepted under both international and Chinese domestic law. It called upon the government to uphold China’s existing commitment to the Basic Principles on the Role of Lawyers and ensure the effective protection of lawyers carrying out their professional functions.

The Committee to Support Chinese Lawyers (http://www.csclawyers.org) is a group of independent lawyers from outside China whose goal is to support lawyers in China in their quest to strengthen the rule of law there. The Committee, which is housed at the Leitner Center for International Law and Justice at Fordham Law School in New York City, seeks to strengthen the role of lawyers and to promote their independence

Chronology of Events

Interference with Client Representation and Professional Activities

On Oct. 27, 2010, Li Xiongbing (黎雄兵) was initially prevented from leaving his home for a business trip, although he successfully made a later flight.
On Nov. 15, 2010, Li Fangping (李方平) attempted to visit client Zhao Lianhai at the Daxing Detention Center in Beijing. The police on duty told him he would have to contact Zhao by telephone instead, without providing an explanation.
On Nov. 11, 2010, Yuexiu District Public Security Bureau in Guangzhou City, Guangdong Province denied the request of Liu Zhengqing (刘正清) to meet with his client, Guo Xianliang (郭贤良), on the grounds that Guo’s case was “special.” Guo was criminally detained on Oct. 29, 2010 on suspicion of “inciting subversion of state power”by passing out informational flyers regarding Liu Xiaobo and the Peace Prize.
On December 7, 2010, Li Xiongbing (黎雄兵) was forced by local police to resign as acting head of Aizhixing, a prominent Beijing-based AIDS organization, in retaliation for Wan Yanhai’s intention to attend the Nobel Peace Prize ceremony.

Lawyers Prevented from Participating in Professional Conferences

On Oct. 30, 2010, Jiang Tianyong (江天勇) and Li Subin (李苏滨) were blocked from leaving the country at Beijing International Airport and Shanghai Pudong International Airport, respectively. The two were attempting to travel to the United States where they had accepted invitations to observe the U.S. mid-term elections and participate in academic exchanges.
On Oct. 30, 2010: Beijing legal scholar Fan Yafeng (范亚峰) was barred from attending a seminar about a case of a fatal car accident at Hebei University. He was detained for 9 hours.
On Nov. 8, 2010, Li Fangping (李方平) was placed under soft detention to prevent him from attending a legal seminar organized by the French government.
On Nov. 9, 2010, Mo Shaoping (莫少平) and legal scholar He Weifang (贺卫方) , were barred at the Beijing airport by police officers from boarding a flight to London, where they were due to take part in a conference organized by the International Bar Association on the independence of lawyers in China.
On Nov. 28, 2010, Liu Xiaoyuan (刘晓原) was prevented from attending a conference at a Tokyo university because his departure would “endanger state security.”

Harassment of Lawyers Through Interrogation, Surveillance, or House Arrest

On Oct. 8, 2010, Pu Zhiqiang (浦志强) was detained for three days and then placed under house arrest.
On Oct. 8, 2010, Li Fangping (李方平) and Li Heping (李和平) were also placed under continuous police surveillance, with officers stationed outside their homes and following them whenever they leave, including to client meetings.
The number of policemen deployed outside the Beijing residence of lawyer and political theorist Zhang Zuhua (张祖桦) was increased on both Oct. 8 and Oct. 10, 2010 Zhang, who was the principal drafter of Charter 08, cannot leave his house without permission, and is accompanied by police wherever he goes.
Ni Wenhua (倪文华)was summoned for repeated police interrogations on Oct. 16 and Oct. 17, 2010.

Reports also indicate that many other lawyers have been put under surveillance and have had their personal movements restricted, including: Liu Xiaobo’s lawyers, Ding Xikui (丁锡奎) and Shang Baojun (尚宝军); Li Baiguang (李柏光); Li Xiongbing (黎雄兵); constitutional scholar Liu Junning (刘军宁); China University of Political Science and Law professor, Teng Biao (滕彪); Zhang Xingshui (张星水) and Zhuang Daohe (庄道鹤). Legal scholars Yu Haocheng (于浩成) and Zhang Zuhua are currently under soft detention at home. Other lawyers, including Pu Zhiqiang and Teng Biao, have been warned by Chinese authorities not to grant any media interviews.