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Make Sacrifices to Illuminate the Future: Commemorating the Fifth Anniversary of the Founding of the China Human Rights Lawyers Group

September 13, 2018

 

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On September 13, 2013, lawyers Wang Cheng (王成), Tang Jitian (唐吉田), and Jiang Tianyong (江天勇) announced the establishment of the China Human Rights Lawyers Group (中国人权律师团). All three had been disbarred by the Chinese authorities because of their commitment to defending the rights of the Chinese people. In just one year, more than 300 Chinese lawyers joined the Group. Many seasons later, the Human Rights Lawyers Group now marks the fifth anniversary of its founding. On this otherwise ordinary day, we will take inventory of what we have done over the last five years, reiterate the basic principles of the group, and plan our steps for the future.

In the past five years, we have gone through hardships and sadness; we have seen our hopes dashed. We struggle to improve the human rights situation in our country, only to see it worsen progressively.

In the past five years, Chinese human rights lawyers have been demonized by the authorities and smeared by people who harbor ulterior motives. Our members have endured persecution of a severity seldom seen, stunning the international community.

In the past five years, many Chinese human rights lawyers have been imprisoned or disappeared. Since the “709” crackdown of July 2015 that shocked people in China and abroad, human rights lawyers have sustained heavy blows to the point of near destruction.

But even in the face of these cruel realities, members of the Human Rights Lawyers Group have continued their fruitful work. They issued joint statements to express their solidarity and expose human rights violations. It is an endeavor fraught with hardship that is difficult to imagine. They defended political dissidents until they themselves were labeled as dissidents; they defended people of faith until they themselves became the target of the authorities’ “stability maintenance;” they defended the petitioners and the victims of forced demolition, until the day they were disbarred by the judicial establishment under orders from the Party. They defended the ethnic minorities until the day they themselves were denounced as traitors; they defended the workers until they themselves were deprived of their right to practice. Their sacrifices are too numerous to list.

We cannot help but ask why the human rights lawyers, passionate for justice, should be targeted for political persecution. Why do the judicial authorities restrict human rights lawyers from working on their cases? Why does the judiciary use sly tricks to revoke or suspend their right to practice?

The answer is simple: it is because human rights lawyers pursue justice, and their persecutors represent darkness and evil.

Today, on the occasion of the fifth anniversary of the establishment of the Human Rights Lawyers Group, we reaffirm our mission to advance human rights in China. We shall continue to uphold the values we cherish through the practice of law.

We yearn for freedom, but we know the importance of order; we pursue justice, but we do not subscribe to self-righteousness; we emphasize basic human rights, but we will honor the principle of gradual progress through proper procedures; as human rights lawyers, we insist on the right of independent judgment, but respect the different perspectives and views held by others.

Once again, we announce to the world that we are not this country’s enemy. We are a group of true patriots. We know that we must transcend class, nationality, and faith in order to work for the dignity and basic human rights of all Chinese. Regardless of how others perceive and label us and attempt to discredit our work, we will stand by our principles as we strive to improve human rights in China.

At the same time, we look forward to healthy cooperation and dialogue with the authorities to find a feasible path to furthering and improving human rights. We want everyone to know that human rights lawyers regaining their own rights is a victory for everyone, regardless of occupation, social status, economic background, or ethnicity.

We are aware that the effort of human rights lawyers alone cannot change the human rights situation in this country. We are ready to work with all people and groups that pursue freedom, justice, and the rule of law, and to take a stand for the beautiful goals to which we all aspire.

In the next five years, we must first and foremost fight for the freedom of every citizen to be free from fear. We demand the repeal of the provision in the Supervision Act that affords law enforcement officials the power of wanton detention, as well as the provisions in the Criminal Procedure Law that allow for secret detention known as “residential surveillance at a designated place.”

We vow to fight for victims who have been forcefully disappeared and tortured by the authorities, and we will not tolerate the illegal detention and disappearance, in the name of the state, of anyone living on this land, be they officials or ordinary citizens. Everyone has basic rights, including the right to litigation.

We will advocate to establish open records of human rights violations committed by public officials. This lists will record the deeds of all, from leaders at the highest levels down to infractions committed by local level of guobao, or political security police. If they do not rein themselves in, they will one day stand trial to face justice in court.

We will offer strong and unconditional support for citizens’ freedom of speech. We will never tolerate the administrative detention or legal punishment of a citizen simply for criticizing the government or the party. Freedom of speech is the cornerstone of all other freedoms. If no one dares speak out against abuse, all of society will taste the bitter consequences.

We love blue skies and green hills, and we will not turn a blind eye to the environmental pollution or tainted food and drugs. We will urge governments at all levels to take effective measures to reduce pollution, improve the environment, and enforce regulations over the food and drug industry so that everyone can have safe food, medicine, air, and water. We want to tell citizens who have suffered persecution for their efforts to improve the environment or expose the safety hazards posed by tainted food and medicine: you have our full support.

We are extremely concerned about the friction between police and civilians. We call on law enforcement throughout the country to act in strict accordance with the law, to explain the law in good faith, exercise restraint, respect and protect human rights, and not act as accomplices to brutal “stability maintenance.”

It’s been more than three years since the 709 crackdown, we exhort the authorities to carefully review their attitude and policy towards human rights lawyers, and to treat properly these conscientious and responsible professionals. We ask the authorities to immediately release Tang Jingling (唐荆陵), Jiang Tianyong, Wang Quanzhang (王全璋), Yu Wensheng (余文生), Li Yuhan (李昱函), and other lawyers. It is important for everyone to enjoy a more civilized society that upholds reason and the rule of law.

Five years have gone by in a flash, but it’s been five years with historic import. We the human rights lawyers are ordinary human beings, but we are not cowards. If for the sake of China’s human rights we must lose our licenses or even our freedom, then we are willing to make these sacrifices for our country and our people.

Only through sacrifice can we forge ahead to the future! That’s our solemn proclamation on the 5th anniversary of China Human Rights Lawyers Group. Thank you all!

 

The China Human Rights Lawyers Group

September 13, 2018

 

The China Human Rights Lawyers Group was founded on September 13, 2013. It is an open platform for cooperation. Since its founding, members of the group have worked together to protect human rights and promote the rule of law in China through issuing joint statements and representing human rights cases. Any Chinese lawyer who shares our human rights principles and is willing to defend the basic rights of citizens is welcome to join. We look forward to working with you.

Contacts:

Lawyer He Wei (何伟), Tel: 18523069266
Lawyer Lin Qilei (蔺其磊), Tel: 13366227598
Lawyer Shi Ping (施平), Tel: 15515694755
Lawyer Wang Qingpeng (王清鹏), Tel: +1 (425)7329584
Lawyer Xie Yang (谢阳), Tel: 18673190911

 


牺牲自我,点亮未来  — 人权律师团成立五周年献辞

 

2013年9月13日,王成、唐吉田、江天勇三位被吊销执业证书的律师基于对中国人权事业的美好愿景,发起成立中国人权律师团,公告之日,应者云集,短短一年,有三百多名中国执业律师声明加入人权律师团。春去秋来,人权律师团已不知不觉地迎来了自己的五周年纪念日,在这个普通的日子里,我们认为,对过去五年的历程做个总结,阐明人权律师团的基本态度,规划人权律师团未来的工作方向显得尤为必要。

我们必须承认,过去的五年,是困难的五年,是悲伤的五年,也是看不到希望的五年,我们试图改善这个国家的人权状况,却发现人权状况越来越糟糕。

过去的五年,中国人权律师被当局妖魔化,被别有用心之人污蔑,其遭受的打压和迫害全世界罕见,国际社会亦对此目瞪口呆。

过去的五年,多名中国人权律师被判刑,被吊证,被失踪,尤其是在2015年7月发生了震惊中外的“709”大抓捕之后,人权律师被冲击得七零八落,几乎遭遇了灭顶之灾。

但即使面对这些残酷的现实危险,人权律师团律师在过去五年依然开展了卓有成效的工作。人权律师通过发起联署声明、签名声援等方式,介入人权事件,探寻事实真相,从而揭露罪恶,保护人权,其过程之艰辛,绝非常人可以想象!他们为政治异议人士辩护,直到自己被贴上异议分子的标签;他们为信仰群体辩护,直到自己成为当局维稳的对象;他们为访民和被拆迁者辩护,直到有一天自己也变成司法的弃儿;他们为少数民族的良心人士辩护,直到有一天被冠上叛国者的帽子;他们为劳工群体辩护,直到自己被剥夺工作的权利。凡此种种,举不胜举!

面对打压和迫害,我们不禁要问,为什么一腔热血的人权律师会成为整肃的对象?为什么司法当局在个案中要排除人权律师介入?为什么司法部门要使用鬼蜮伎俩吊销或者注销人权律师的执业证?答案其实非常简单,因为人权律师追求光明和正义,而迫害者代表着黑暗和邪恶。

今天,值此人权律师团成立五周年之际,我们再次重申,我们将继续推进中国人权事业的发展,我们将毫不动摇地致力于改善中国的人权状况,我们将在世俗的法律和道德的天空中寻找价值的平衡。

我们向往自由,但我们知道秩序的重要性;我们追求正义,但不会以正义者自居;我们强调人的基本权利,但我们将遵循循序渐进的原则;我们坚持自己作为人权律师的独立判断,但尊重其他人的不同观点。

我们再次光明正大地向世人宣布,我们不是这个国家的敌人,我们是一群真正的爱国者,我们说服自己超越阶层、民族和信仰,为所有中国人的尊严和基本人权而努力。不管别人如何定位人权律师,如何抹黑人权律师,我们将坚持自己的原则,那就是为改善中国的人权状况而努力拼搏。

与此同时,我们期待与官方的健康力量互动对话,共济时艰,相向而行,一起找到改善中国人权状况的可行之道。大家应该明白,不管你的职业、社会地位、财产状况和种族性别如何,人权律师争取到的每一项权利都为你所有。

我们深知,仅凭人权律师的微薄之力无法改变这个国家的人权状况,我们愿意与所有追求自由、公义、法治的民众和群体一道,为共同向往的美好目标而奋斗。

在未来的五年里,我们首先要争取的是每个公民免于恐惧的自由,我们强烈要求废除《监察法》中对公职人员采取留置措施的条款以及《刑事诉讼法》中对公民采取指定监视居住措施的条款。我们发誓将向强迫失踪和酷刑开战,我们绝不容忍以国家的名义对生活在这片土地上的任何人进行非法拘禁和强迫失踪,不管这个人是官员还是平民,他们享有最起码的诉讼权利和基本人权。

我们将推动建立公职人员侵犯人权的负面清单,这些清单将记录上至高级官员,下至普通“国保”侵犯人权的恶劣事件,如果他们不悬崖勒马,继续怙恶不悛的话,那么终究有一天,正义的法庭将对他们进行彻底地审判。

我们将毫无保留地为公民的言论自由提供强有力的保护和支持,我们绝不允许一个公民仅仅因为批评政府或者政党就受到行政拘留甚至刑事处罚。众所周知,言论自由是一切自由权利的基石,如果整个社会万马齐喑,那么我们将很快品尝到它結出的恶果。

我们渴望蓝天白云、青山绿水,我们对国家的环境污染和食品药品安全问题不会熟视无睹,我们将敦促各级政府切实采取措施消除污染,改善环境质量,加强食品药品督查和监管力度,为每个民众提供最安全的食品、药品、空气和饮水。我们要告诉那些为了改善环境质量或者揭露食品药品安全问题而遭受迫害的公民们,人权律师是你们的坚强后盾。

我们呼吁全国各地的警察当局严格依法办事,善意解释法律,约束警权,尊重和保障人权,切勿成为暴力维稳的帮凶,我们对当下的警民对立情绪感到极大的担忧。

在“709”大抓捕过去三年多之际,我们呼吁当局能认真检讨对人权律师的态度和政策,善待这群有良知和担当的专业人士并立即释放唐荆陵、江天勇、王全璋、余文生、李昱函等律师,我们需要一个更加文明的社会,我们需要一个理性和法治的社会,而这样的社会对每一个人来讲都显得尤为重要。

短短五年,如白驹过隙,但它记录的历史却犹如镌刻在青铜器上的铭文,传之后世。人权律师均是血肉之躯,但也绝非贪生怕死之辈,如果说中国的人权进步需要牺牲掉人权律师的执业证甚至自由作为代价的话,那么我们愿意将自己的一切奉献给这片滚烫的热土。

牺牲自我,点亮未来!这就是中国人权律师团在成立五周年之际带给全世界的庄重宣言!谢谢大家。

 

中国人权律师团律师
2018年9月13日

 

中国人权律师团是一个开放性的律师协作平台。中国人权律师团成立以来,通过发起联合声明,介入人权案件或事件等方式为保障人权、推进法治进行了诸多努力。认同人权理念,愿意维护公民基本权利的中国律师均可通过人权律师团任一成员声明加入。

联系人:

何伟, 18523069266
蔺其磊, 13366227598
施平, 15515694755
王清鹏, +1 (425)7329584
谢阳, 18673190911

 


Related – Analyses and Reports

709 Crackdown Three Years on: The Many Methods by Which the Chinese Communist Party Cracks Down on Human Rights Lawyers, Lü Shijie, July 4, 2018

War on Human Rights Lawyers Continues: Up to 16 More Lawyers in China Face Disbarment or Inability to Practice, China Change, May 14, 2018

Communist Party’s Suppression of Lawyers Is a Preemptive Attack Against an Imaginary Threat, Liu Shuqing, May 16, 2018

Crime and Punishment of China’s Rights Lawyers, Mo Zhixu, July 23, 2015.

14 Cases Exemplify the Role Played by Lawyers in the Rights Defense Movement, 2003–2015, Yaxue Cao and Yaqiu Wang, August 19, 2015.

 


Related – Personal Accounts

The Nightmare – An Excerpt of Lawyer Wang Yu’s Account of 709 Detention and Torture, Wang Yu, November 13, 2017.

A Record of 709, Xie Yanyi, October 15, 2017.

Transcript of Interviews with Lawyer Xie Yang (1) – Arrest, Questions About Chinese Human Rights Lawyers Group, Xie Yang, Chen Jiangang and Liu Zhengqing, January 19, 2017.

 


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