Members of the Chinese Human Rights Lawyers Group, March 8, 2019
Lu Tingge (卢廷阁) is a lawyer based in Shijiazhuang (石家庄), the capital of Hebei province. He is one of the newer faces in the community of human rights lawyers in China. In February he put forward a proposal to limit the legislative authorities of the Standing Committee of the National People’s Congress, and more than a thousand Chinese citizens signed to support the proposal. He has been missing since March 2. — The Editors
We have learned from multiple sources that, on March 2, the Shijiazhuang-based lawyer Lu Tingge was taken away by officials of Shijiazhuang municipal Justice Bureau and his neighborhood police officers, and that his family and colleagues have not been able to get in touch with him for seven days as of today.
Lawyer Lu called his wife once on the evening of March 2, not using his own cell phone, but that of Xing Qiang (邢强), an official of the Bureau. Since then his family has not been able to get in touch with him.
We as lawyers believe this is a serious violation of a citizen’s basic human rights such as freedom of movement and freedom of communication. It is a typical act of enforced disappearance. Those who are involved in disappearing lawyer Lu Tingge have committed the crime of extralegal detention defined by Article 238 of the Criminal Law of the People’s Republic of China.
We have reasons to believe that the enforced disappearance of lawyer Lu is probably related to his proposal for amending the Constitution and his gathering signatures of support because several lawyers who signed have been summoned for talks by officials of their local Justice Bureaus.
Lawyer Lu’s disappearance reminds us of a number of human rights defenders whose freedom has been partially restricted for their expressions. We believe that:
First, it is immoral to secretly categorize and identify citizens for their expressions and political orientations; it is immoral to conduct secret and prolonged investigations of lawful citizens who are merely exercising their constitutional rights.
Second, it is illegal to forcibly evict or limit the movement of certain citizens based on such secret categorization and identification when the National People’s Congress (NPC), the Chinese People’s Political Consultative Conference (CPPCC), or the Chinese Communist Party’s national conference convenes, or on dates deemed particularly sensitive. It is a blatant contravention of constitutional rights and in opposition to the government’s claim of governing the country according to the law.
Third, the central requirement of governing the country according to the law is to respect and protect basic human rights and to allow citizens to be free of fear. Enforced disappearances by the government will create permeating fear. Such inappropriate exercise and transgression of power sets a precedent and can easily be multiplied, creating threats to all citizens. The enforced disappearance of lawyer Lu Tingge will inevitably and adversely affect ordinary people.
Fourth, according to article 16 and article 23 of the United Nations’ “Basic Principles on the Role of Lawyers,” “governments shall ensure that lawyers are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference,” that “lawyers like other citizens are entitled to freedom of expression, belief, association and assembly,” and that “they shall have the right to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights…”
We call on Shijiazhuang Justice Bureau and neighborhood police to immediately restore lawyer Lu Tingge’s physical freedom and freedom of communication.
We call on the Hebei provincial government’s disciplinary and supervisory entities to investigate the civil servants who have been involved in committing the crime of illegal detention in this case and to eliminate the ill effects it has created.
Members of the Chinese Human Rights Lawyers Group (中国人权律师团)
March 8, 2019