By relatives, defense counsels, and concerned lawyers, published: March 4, 2016
To the deputies, presidium, and delegations attending the 4th plenary meeting of the 12th Session of the National People’s Congress:
We are a group made up of defense lawyers and family members of individuals taken into custody during the “July 9 Crackdown,” together with other lawyers and citizens who care about this incident. We are concerned about protecting the rights and interests of the detained and troubled even more by the current state of China’s rule of law and human rights.
The “July 9 Crackdown” refers to the sweeping arrests that took place on July 9, 2015, and the several days that followed. Under the direction of the Ministry of Public Security, police throughout the country placed at least 19 practicing lawyers and rights activists under residential surveillance in a designated location. The vast majority of them were formally arrested after six months on charges of inciting subversion or subversion. The crackdown also extended to at least 317 lawyers and activists who were summoned, forced to meet with police, threatened or harassed. This major social and legal incident has attracted worldwide attention.
We believe that police handling these cases have, through the acts listed below, demonstrated failure to fulfill the state’s responsibility to protect human rights as set out in the UN Charter and international treaties that the Chinese government has signed and the NPC has ratified. They have maliciously interpreted and violated the basic criminal justice principles and provisions set out in China’s constitution, criminal law, and criminal procedure law, as can be seen in these specific acts:
- Breaking down doors to arrest people in the middle of the night, scaring detainees’ family members and neighbors.
- Meeting with more than 300 lawyers and rights activists in a short period of time throughout the country and using threats to prevent them from acting as legal counsel or speaking out on behalf of the detainees.
- Placing restrictions on the ability of human rights lawyers and rights activists to travel abroad.
- Failure to explain the reasons for detention at the time of taking suspects into custody and afterwards failing to notify family members or tell them the location of detention, the specific unit or individuals in charge of the case, or the crime.
- Despite the clear lack of any relevant criminal circumstances, carrying out arbitrary prosecutions on serious criminal charges of inciting subversion and subversion in order to prevent lawyers from meeting with detainees.
- Abusing Article 73 of the Criminal Procedure Law regarding use of residential surveillance in a designated location,
- Refusing to provide lawyers with basic details of the case in accordance with the law, refusing to allow lawyers to correspond with detainees, and illegally depriving defense lawyers of their rights to meet with detainees and provide defense.
- Taking matters into their own hands and appointing lawyers for the detainees, refusing to accept the defense lawyers retained by family members, refusing to hand over documents from the detainee required to dismiss a lawyer, and refusing defense lawyers’ requests to meet with detainees to verify in person their true intentions regarding legal representation.
- Police use of guilt by association, isolation, and character assassination, challenging social ethics and creating an atmosphere of terror:
(1) Guilt by association: For example, the sons of Wang Yu and Bao Longjun and of Fengrui Law Firm lawyer Liu Xiaoyuan have both been prevented from going abroad to pursue their educations because of unlawful restrictions on their personal freedom. The father of rights activist Wu Gan has been prosecuted on groundless charges, and several others have been implicated in the case and arrested, including: the wife of rights activist Gou Hongguo; Li Heping’s younger brother, Li Chunfu, and his two assistants, Gao Yue and Zhao Wei; and Zhou Shifeng’s assistant, Li Shuyun.
(2) Character assassination: On the one hand, police have deleted posts, closed social media accounts, shut down blogs, and otherwise prohibited speaking out in order to prevent defense lawyers and family members from disseminating the truth about the “July 9 Crackdown.” On the other hand, the police have used state media like China Central Television, People’s Daily, Xinhuanet, Global Times, and Wenzhou TV to broadcast slanderous statements and forced confessions about and by the detained lawyers and rights activists. They have used these media to reveal personal details about people to disparage them and parade them in public in order to convict them in the media before any trial has even taken place.
After the “July 9 Crackdown,” the Office of the High Commissioner for Human Rights, treaty bodies like the Committee against Torture, and governments, bar associations, and non-governmental organizations from many foreign countries have protested and expressed concern about Chinese police repression of the country’s lawyers and rights activists, who meet the standard for human rights defenders.
We believe that, even though there are many difficulties associated with China’s social transition, the detained lawyers and rights activists have not created these problems. On the contrary, they have demonstrated initiative and courage by placing these difficult issues on the table in hopes of resolving them through legal channels. There is a global consensus about the important role that lawyers and rights defenders play in societies with rule of law. The long-term, large-scale, systematic, and so far unrepentant manner in which Chinese police in this case have brutally undermined and challenged international treaties, national law, and social ethics has not only seriously violated the interests of the many individuals in this case but also negatively affected the public’s rational expectations for rule of law and China’s national image. If this situation is allowed to continue to deteriorate and is not brought to a stop, it will have an incalculable and irreversible negative impact on China’s modernization process.
For these reasons, we believe that the urgency and importance of this case meets the conditions for the National People’s Congress to initiate a committee of inquiry into specific issues under Article 71 of the Constitution of the PRC. Recalling Article 46 of the National People’s Congress Rules of Procedure (“The presidium, three or more delegations, or a group of one tenth or more of the number of deputies may propose the appointment of a committee of inquiry into specific issues. The proposal shall be submitted by the presidium to a plenary meeting of the session for decision.”), on the occasion of the 4th plenary meeting of the 12th Session of the National People’s Congress, we as citizens of the People’s Republic of China and direct victims of this incident hereby make the following solemn requests:
- Upon receipt of this letter, the deputies, presidium, and delegations attending the 4th plenary meeting of the 12th Session of the National People’s Congress should immediately carry out their representative duties and their supervisory responsibilities as the highest organ of state power and initiate, in accordance with the law, a special committee of inquiry into the “July 9 Crackdown” that will thoroughly investigate unconstitutional and illegal actions carried out by relevant state organs and individuals and take measures to rectify those acts continuing to take place in violation of the constitution and the law.
- We welcome and will actively cooperate with any investigation by the special committee of inquiry carried out in accordance with the law! We also hope that our fellow Chinese throughout society will follow their conscience and reason and truthfully provide any information they have to this special committee of inquiry. Together, we can say “no” to all bad behavior that tramples on human rights and ignores China’s constitution and laws! Together, we can show our concern and give assistance to those Chinese who are struggling in the depths of misery and show support to those brave human rights defenders on the front lines!
Wang Qiaoling (王峭岭), wife of lawyer, Henan
Fan Lili (樊丽丽), wife of Gou Hongguo, Shanxi
Li Wenzu (李文足), wife of lawyer Wang Quanzhang, Hubei
Wang Quanxiu (王全秀), sister of lawyer Wang Quanzhang, Shandong
Yuan Shanshan (原姗姗), wife of lawyer Xie Yanyi, Liaoning
Zhao Yonghong (赵永洪), father of lawyer’s assistant Zhao Wei, Henan
Zheng Ruixia (郑瑞霞), mother of Zhao Wei, Henan
Chen Guiqiu (陈桂秋), wife of Xie Yang, Hunan
1. Yu Wensheng (余文生), for Wang Quanzheng
2. Qin Chenshou (覃臣寿), for Zhang Kai and Tang Zhishun
3. Ge Wenxiu (葛文秀), for Liu Sixin and Zhai Yanmin
4. Wen Donghai (文东海), for Wang Yu
5. Chang Boyang (常伯阳), for Lin Bin
6. Zhang Zhongshi (张重实), for Xie Yang
7. Cheng Hai (程海), for Wang Quanzhang
8. Lei Qilei (蔺其磊), for Xie Yan, Zhang Wanhe, Yin Xu’an
9. Ren Quanniu (任全牛), for Zhao Wei
10. Ji Zhongjiu (纪中久), for Gou Hongguo
11. 吕洲宾 (吕洲宾), for Bao Longjun
12. Huang Hanzhong (黄汉中), for Bao Longjun律师（包龙军）
13. Ma Lianshun (马连顺) for Li Heping
14. Ge Yongxi (葛永喜) for Chen Taihe
15. Yan Xin (燕 薪) for Wu Gan
16. Wang Fei (王飞) for Gao Yue
17. Li Yuhan (李昱函) for Wang Yu
18. Wang Lei (王磊律师（刘四新）
19. Jiang Yuanmin (蒋援民) for Xie Yang
20. Li Baiguang (李柏光) for Xie Yanyi and Hu Shigen
21. Chen Yixuan (陈以轩) for Chen Taihe
- Shang Baojun (尚宝军) for Liu Yongping
- Zhang Lei (张磊) for Zhang Kai
- Ran Tong (冉彤) for Chen Taihe
- Shang Manqing (尚满庆) for Liu Yongping
- Gao Chengcai (高承才) for Li Chunfu
- Liu Rongsheng (刘荣生) for Xie Yuandong
Also signed by 52 other lawyers (see the list in Chinese)
Wu Kuiming, Zhong Jinhua, Wang Qingpeng, Li Junquan, Dong Qianyong, Tang Jitian, Liu Shihui, Chen Jinhua, Xu Hongwei, Chen Keyun, Lu Fangzhi, Han Qingfang, Jiang Tianyong, Li Ruyu, He Weimin, Fu Ailing, Chen Jinxue, Zou Lihui, Deng Linhua, Lu Xintao, He Wei, Ji Laisong, Li Weida, Meng Meng, Zhao Qingshan, Liang Xiaojun, Wang Shengsheng, Guo Lianhui, Huang Zhiqiang, Ma Wei, Li Dawei, Liu Wei, Wang Qiushi, Chen Jianggang, Liu Shuqing, Zheng Enchong, Qu Yuan, Li Fangping, Tong Chaoing, Yu Quan, Li Yongheng, Lu Tingge, Luo Qian, Li Jinxing, Zeng Yi, Liu Zhengqing, Tan Yongpei, Wang Zhenjiang, Wen Haibo, Teng Biao, Wang Quanping, Xu Guijuan
March 4, 2016
Addendum: List of detained lawyers and other individuals (33 in all, listed in alphabetical order):
(1) Lawyers and legal workers
Bao Longjun, Chen Taihe, Huang Liqun, Li Chunfu, Li Heping, Li Shuyun, Liu Sixin, Sui Muqing, Wang Quanzhang, Wang Yu, Xie Yanyi, Xie Yang, Xie Yuandong, Zhang Kai, Zhou Shifeng
(2) Other individuals
Fang Xiangui, Gou Hongguo, Gao Yue, Hu Shigen, Huang Yizi, Lin Bin, Liu Peng, Liu Yongping, Tang Zhishun, Wang Fang, Wu Gan, Xing Qingxian, Yao Jianqing, Yi Xu’an, Yan Xiaojie, Zhao Wei, Zhang Wanhe, Zhai Yanmin
Witnesses, victims, people in the know, and any PRC citizens who are concerned with the rule of law and the progress of human rights in China are welcome to sign this request. E-mail collection point: firstname.lastname@example.org.