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Legal Opinion on Dropping the Investigation Against the “Feminist Five”

By defense counsels of the Feminist Five, published: March 3, 2016

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To:     Haidian Precinct, Beijing Public Security Bureau

CC:    Supreme People’s Procuratorate

          National People’s Congress Internal & Judicial Affairs Committee

          Beijing Field Office of UN Women

 

Last year, on the eve of the March 8 International Women’s Day, the five Chinese feminist activists Wei Tingting (韦婷婷), Zheng Churan (郑楚然), Wu Rongrong (武嵘嵘), Li Tingting (李婷婷), and Wang Man (王曼) were placed under criminal detention by police in Beijing’s Haidian District on suspicion of “provoking a serious disturbance” and “gathering a crowd to disrupt order in a public place.” Later, they were released on bail pending additional investigation. These women came to be known as the “Feminist Five,” and their case sent shock waves throughout China and the world.

As the defense counsel for these five young women, we believe that the case against the “Feminist Five” was a miscarriage of justice deliberately perpetrated by certain police officers and that this case has become a laughingstock outside China and tarnished the country’s image.

Unfortunately, one year later the Feminist Five remains under the coercive measure of “release on bail pending additional investigation,” and the Haidian District police have not withdrawn this case in accordance with the law. So, we are now urging the Haidian police to drop their investigation immediately and restore these five women’s personal freedom and dignity without condition.

Our reasons are as follows:

  1. The police have no evidence to support their accusations, and the procuratorate refused to approve arrest.

Last year, the police applied for permission to formally arrest the Feminist Five, but the procuratorate held to the law and refused to approve the arrest. The Feminist Five were released after being held for 37 days. However, out of frustration the police not only did not withdraw the case but placed bail restrictions on the five under pretext of continuing the investigation against them. They proceeded to make a big show of continuing their investigation and summoning the women for further questioning, but to date they have yet to uncover any evidence of guilt. Meanwhile, these five women remain under the shadow of the label of “criminal suspects.”

  1. The Feminist Five have done nothing illegal; on the contrary, they have performed a service by protecting women’s rights.

For many years, the Feminist Five have acted in the public interest to promote the protection of women’s rights. Whether it was performance art like “Occupy the Men’s Toilet” or “Bloody Brides” or taking to the street to campaign against sexual harassment, these were all acts done for the good of the public. If you search for “Occupy the Men’s Toilet” on Baidu, you will see how mainstream media outlets endlessly praised this action.

They chose to use performance art to promote the public interest because equality between men and women is not simply about equal rights; it is also about opening up people’s mindsets. They wanted to influence the mindset of not just the government but also the general public. In terms of effectiveness, their actions were truly necessary and taken in the absence of other alternatives.

Even more importantly, while they were carrying out these artistic acts, they had no intention of disrupting order in a public place and their actions resulted in no such consequences.

  1. The police acted illegally in many ways, seriously infringing upon the rights of the Feminist Five.

According to these five women, the police acted illegally many times:

  1. On several occasions, they used blank summons documents to summon Li Tingting and Wu Rongrong;
  2. After summoning or detaining her, police failed to notify Li Tingting’s family members in accordance with the law;
  3. Li Tingting was also subjected to questioning to the point of exhaustion and had bright lights shone on her to prevent her from getting enough rest, to the point where she was only able to sleep two hours a night;
  4. During detention, Wu Rongrong and Wang Man were refused prompt treatment for their illnesses, and Wu Rongrong was forced to suffer the humiliation of sleeping on the floor despite her illness;
  5. Knowing that several of the suspects were homosexual, interrogators used coarse language to humiliate them;
  6. Police smoked during Li Tingting’s interrogation and blew smoke in her face;
  7. Police broke the lock as they burst into Li Tingting’s residence, resulting in serious damage to her property and loss of personal items;
  8. Li Tingting was denied access to her lawyer many times on the excuse that she had been taken away from the detention center for questioning.

Defense counsel made complaints about the above illegal acts to the relevant authorities in accordance with the law, but to date the police who carried out these acts have yet to be punished. If society allows police to deliberately misrepresent the truth and invert right and wrong in the course of exercising public power, then the people will inevitably suffer disaster.

  1. The detention of the Feminist Five and infringement of their rights goes against public opinion and violates internationally recognized values, and these acts continue to be the focus of both domestic and international attention.

Just recently, at the end of 2015, the case of the Feminist Five was named by the Chinese Lawyers for Human Rights as one of the “Top 10 Chinese Human Rights Cases of 2015.” As a group, the Feminist Five were named one of the “10 Most Inspiring Feminists of 2015” by the famous international publication Ms. magazine. One of the five, Li Tingting, was chosen as one of the “100 Leading Global Thinkers” for 2015 by Foreign Policy magazine. In September 2015, an art exhibit reflecting the work of the Feminist Five was unveiled. To date, it has made three stops around the world.

Clearly, the actions of the police in this case were not only illegal; from the beginning the case took on national, even international importance and influence. National authorities at the highest levels should intervene, the case should be discussed at the “Two Meetings” of the National People’s Congress and Chinese People’s Political Consultative Conference that are about to open in Beijing, and UN Women should pay attention to the case.

In order to safeguard rule of law and protect human civilization, we call on the relevant state bodies to withdraw this case, investigate those who committed illegality and criminal acts in manufacturing this miscarriage of justice, and restore the valuable reputation of the Feminist Five and the good image of China!

 

Signed:

Defense counsel for Wei Tingting: Ge Wenxiu (葛文秀), lawyer with Guangdong Lü Cheng Ding Bang Law Office, 258 Dashadi East Road, Suite 301, Huangpu District, Guangzhou 510730, Tel: 020-82387045

Defense counsel for Li Tingting: Yan Xin (燕薪), Beijing Laishuo Law Office, South Courtyard, Fangze Pavilion, Ditan Park, Dongcheng District, Beijing 100011, Tel: 136-0129-7308

Defense counsel for Zheng Churan: Chen Jinxue (陈进学), lawyer with Guangdong Lü Cheng Ding Bang Law Office, 258 Dashadi East Road, Suite 301, Huangpu District, Guangzhou 510730, Tel: 020-82387045, 138-2600-2506

Defense counsel for Wu Rongrong: Lü Zhoubin (吕洲宾), lawyer with Hangzhou office of Beijing Yingke Law Firm, Supor Development Building, 8th Floor, 240 Dongxin Road, Hangzhou 310004, Tel: 0571-86799616 or 139-6809-6061, email: wmn1883@126.com

Defense counsel for Wu Rongrong: Liu Shuqing (刘书庆), lawyer with Shandong Tianyuren Law Firm, Sanqing Fengrun Tower, Suite 1108, 100 Gongye South Road, Ji’nan, Tel: 133-5541-5256, email: lsq197618@sina.com

 

February 26, 2016

 

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Related:

Detention of Five Chinese Feminist Activists at the Juncture of Beijing+20 – An Interview with Gender Scholar Wang Zheng, April 12, 2015.

Wu Rongrong: How I Became a Women’s Rights Advocate, April 27, 2015.

 

 


10 Comments

  1. I support the feminist 5.

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