News and Events 新闻活动

Open Calls by Chinese Lawyers Signal Renewed Government Crackdown

Date: 2013-07-22

Through a series of open statements circulated online and through social media, Chinese rights defense lawyers have offered chilling, detailed descriptions of intensified government actions to obstruct legal representation of defendants in politically charged cases, the Committee to Support Chinese Lawyers said today. These open calls for accountability and reform draw national and international attention to the critical importance of stronger protections for lawyers to perform their professional duties without hindrance.
For a Chinese translation of this statement, see our ‘News and Events’ section: http://bit.ly/14gnL5l

Through a series of open statements circulated online and through social media, Chinese rights defense lawyers have offered chilling, detailed descriptions of intensified government actions to obstruct legal representation of defendants in politically charged cases, the Committee to Support Chinese Lawyers said today. These open calls for accountability and reform draw national and international attention to the critical importance of stronger protections for lawyers to perform their professional duties without hindrance.

The Committee to Support Chinese Lawyers stands with Chinese colleagues calling openly for greater protections for lawyers and accountability concerning this latest crackdown on rights defense lawyers in China. The Committee calls on Chinese authorities to review and investigate individual cases of intimidation, harassment, and interference of rights lawyers, investigate cases where the use of extra-legal measures have been documented, and bring domestic laws related to criminal defense and the rights of lawyers into conformity with international standards, including the UN Basic Principles on the Role of Lawyers.

The detention of lawyer and anti-corruption activist Xu Zhiyong (许志永) on July 16, 2013, and official efforts to obstruct his lawyer, Liu Weiguo (刘卫国), from meeting with him and providing him with a defense, has generated considerable outcry both inside and outside of China. In a pair of open letters issued July 19 and July 21, Liu recounted the refusal of authorities at Beijing No. 3 Detention Center, where Xu is being held, to allow Xu to see him, in violation of Article 37 of the Criminal Procedure Law of the People’s Republic of China guaranteeing Xu’s right as a criminal detainee to meet with his lawyer. After his attempt to visit Xu, Liu alleges that he himself was unlawfully detained for six hours by the Beijing Daxing District Public Security Bureau on July 18. Liu’s letters, respectively addressed to the Shandong Province Department of Justice and the All-China Lawyers’ Association, openly copied a number of official bodies, including the national Ministry of Justice. Liu’s letters were posted on his website. [http://www.liuweiguo.com/NewsShow.asp?id=301630] English translations have been made available by Human Rights in China. [http://www.hrichina.org/content/6841]

On July 22, a group of lawyers based primarily in Henan Province circulated an online statement expressing frustration over increasing violations of lawyers’ rights in other cases, and calling for a revision of laws and policies to strengthen protections for the role of lawyers in China. The statement specifically highlighted the case of Xu and his lawyer Liu, while describing similar incidents involving other lawyers between May and July 2013, illustrating a renewed government crackdown. These included the cases of lawyers Sui Muqing (隋牧青), Wang Quanzhang (王全章), Wang Yu (王宇), and Liu Jinbin (刘金滨), all targeted and harassed as a result of their work as lawyers on politically sensitive cases. The statement has been made available by the China Human Rights Lawyers Concern Group. [http://goo.gl/Jo6CbS]

Prominent followers of the gongmeng or New Citizen’s Movement, the grassroots campaign launched by Xu to fight for constitutional freedoms in China, also issued an open petition calling for Xu’s immediate and unconditional release. The petition also called on authorities to respect the right of Xu’s lawyer Liu to defend his client and to allow free and unrestricted media reporting on Xu’s case. An English translation of the petition has been made available by the China Media Project. [http://cmp.hku.hk/2013/07/21/33622/]

These statements made by Chinese lawyers demonstrate the need for greater support for the independence of lawyers in China. The Committee to Support Chinese Lawyers joins their call for these reforms, and urges the Chinese authorities to ensure that Liu be afforded full access to his client.

 

Correction: On July 26, 2013, this statement was revised to state that Liu Weiguo was detained on July 18, not July 17 as previously stated, and that an online petition protesting violations of lawyers’ rights was circulated on July 22, not July 21 as previously stated.