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A Hearing With Chinese Characteristics: How the Beijing Lawyers’ Association Helps Persecute Human Rights Lawyers
Xie Yanyi, May 21, 2018
Xie Yanyi, who turned 43 this year, is a lawyer in Beijing who has taken on numerous human rights cases over his career. In April 2015 Xie led a small group of rights lawyers seeking restitution after the police shooting of passenger Xu Chunhe (徐纯合) at the Qing’an railway station in Heilongjiang, and later published a legal investigation of the incident. This case is believed to be one of the fuses leading to the 709 (July 9, 2015) mass arrest of lawyers, and Xie Yanyi was one of the scores of lawyers arrested during that crackdown. He was accused of inciting subversion of state power and detained for 553 days, until being released on probationary bail. Last year Xie published ‘A Record of 709 and 100 Questions About Peaceful Democracy’ (《709纪事与和平民主100问》), in which he described the torture he suffered while in custody. Since his release, he has continued his involvement in human rights cases, representing among other clients the Canadian citizen of Chinese origin and Falun Gong practitioner Sun Qian (孙茜).
The Chinese authorities view rights lawyers as a threat, and following the 709 crackdown, they have been targeting lawyers by canceling their law licenses, prevented them from finding employment, and using a variety of other illegal and extralegal tactics in an attempt to destroy the rights defense community. Xie Yanyi has again become a target. The following is Xie’s account of the Beijing Lawyers’ Association’s hearing on May 16 about his alleged ‘violations,’ a step toward disbarring him. It has been edited for length and clarity with the author’s permission. — The Editors
How It All Began
In late January 2018, my law firm received a ‘Notice of Case Filing’ (《立案通知书》) from the Beijing Lawyers’ Association (BLA). It said that the Beijing Municipal Justice Bureau had recently received a complaint from the Yinchuan Municipal Intermediate Court and Municipal Procuratorate in Ningxia, accusing me of violating regulations while handling a case in the city. The notice announced that the BLA had begun an investigation.
On July 27, 2017, I was the defense counsel in the hearing of second instance in the prosecution of Falun Gong practitioner Xie Yiqiang (谢毅强) at the Yinchuan Intermediate People’s Court. At the hearing, I demanded that the court, per the law, produce the audiovisual evidence that formed the basis of the charges, and that I be able to cross-examine the defendant. These protestations were met with crude interruptions by the judge, He Wenbo (何文波). The judge refused to play the audiovisual evidence. His refusal was a violation of China’s Criminal Procedure Law (《中华人民共和国刑事诉讼法》), and in the end I was forcibly removed from the courtroom, thus depriving me of my right to defend my client.
After being ejected from the court, I submitted a formal request — again, according to both China’s Criminal Procedure Law and relevant provisions of the Supreme People’s Court — that the court provide me with the recording of the hearing. I also repeatedly engaged with the disciplinary inspection commission and other departments of the court, submitted a complaint, and tried to make an appointment to meet with the court’s leadership. All of them appeared to know that they were in the wrong, and refused to meet me, profferring all manner of excuses. During one phone conversation He Wenbo, the presiding judge on the case, demanded to speak with me, which I refused. Afterwards, I lodged complaints with the Yinchuan court’s disciplinary commission against the public security bureau, procuratorate, and judicial officials responsible in the first instance for the wrongful imprisonment of Xie Yiqiang.
After I learned of the alleged ‘violations’ being investigated by the BLA, on February 13 I requested a hearing on the investigation, and demanded of both the BLA and the Beijing Bureau of Justice that they provide the evidence on which the complaint against me was based. This request was ignored. On May 4 the BLA informed me that the hearing was set for May 16. In an attempt to establish my defense, I again demanded they provide the recording from the Yinchuan courtroom and any other related evidence — and again, this was refused (illegally). At this point I submitted Freedom of Information (FOI) requests as well as an administrative complaint with the Beijing Bureau of Justice as well as the Beijing No. 2 Intermediate People’s Court. Both accepted my requests and were in the process of filing them. I therefore submitted a request with the BLA that the hearing be postponed until all relevant administrative and judicial proceedings were completed. Yet the BLA ignored my request, and continued with the May 16 hearing.
Before the Hearing: Police Barricades, Journalist Beaten, and My Arrest
In the early morning of May 16, myself and my attorneys Song Yusheng (宋玉生) and Wen Donghai (文东海) arrived at the BLA building in the Dongcheng District of Beijing. Police vehicles and numerous unidentified people — presumably undercover officers — had been deployed, with guards at the door preventing journalists, lawyers, and regular citizens from entering and observing the proceedings. Even my relatives were denied admittance. As I stood on the sidewalk getting ready to speak with journalists, including from Hong Kong’s Now TV and Japan’s NHK, a group of men calling themselves police rushed over and began separating us. They used the excuse of ‘verifying IDs’ and ‘maintaining order’ to clear everyone out. I demanded that they show their IDs and explain which laws they were supposedly acting under. I said that police power is bounded, that they can’t abuse it, and that they need to respect freedom of the press and the Beijing Lawyer’s Association itself. They ignored all this and confiscated the ID card of Now TV’s video journalist Chui Chun-ming (徐骏铭). The journalist was extremely anxious to get it back, so I tried to help. But as soon as he had his ID in hand, a group of unidentified men rushed over, surrounded him, and snatched it away as they punched and stomped him. I tried to step in and stop them but was myself attacked, grappled around the neck and arms, and my clothes ripped. They shoved me into a car and rammed me down between the front and back seats. I started yelling at them: “Everyone here is a slave — it’s just that you’re slaves in charge of other slaves, and you don’t need to do this!”
When the car got out onto the road, one of the police officials in the front got a phone call; he turned around and asked me: “Do you want to be locked up, or go back to your hearing?” I said that I couldn’t care less, and if the hearing didn’t go ahead that’d be even better. In the end they drove around the block and dropped me off at the back of the BLA building. They, along with the BLA officials (secretary-general Xiao Lizhu [萧骊珠] and disciplinary committee member Mr. Chen) then told me to go directly to the hearing room. I told them I needed to see my wife and two-year-old daughter, who had been crying out ‘dad’ behind me as the policeman hauled me away. A group of the officers had me hemmed in and prevented me from going outside to see my child. I said to them that even if you had no regard for the law, you should at least act humanely. I forced my way to the exit, saw my wife and daughter, and greeted the many strangers and friends who had turned out in support. And I once again tried to negotiate with the officials, to allow people to enter and observe the hearing.
They ignored me, and didn’t let me linger at the entrance, instead forcibly escorting me back into the building and the hearing room.
The Hearing Itself
At the beginning of the hearing, I stated that because my rights to review evidence had been denied, procedures violated, observers banned, and everything was being controlled by domestic security police (国保), the hearing had no independence or legitimacy, was neither fair nor impartial, and that BLA was willingly being used as a tool for the persecution of lawyers. I said that my primary reason for attending the hearing was to witness with everyone present the violations of law taking place, and to make an account for history.
After that, the moderator of the hearing introduced to us the members of the hearing panel: Wen Jin (温进), Sun Hongyan (孙红颜), Hu Shuichun (胡永春), and investigator Lu Li (鲁立)(they were members of the BLA’s ‘professional disciplinary and meditation committee’, on which Wen Jin and Hu Shuichun served as vice-directors). Myself and my two counsel asked the members of panel in turn whether they were aware that I had submitted a FOI request and had begun legal proceedings. We also raised the fact that I had been denied my right to review evidence. Finally, we pointed out that the hearing’s procedures did not confirm to Article 58 of the All China Lawyers’ Association’s ‘Rules of Discipline for Lawyer Association Members’ Violation of Regulations’ (《律师协会会员违规行为处分规则》), which stipulates that “if facts or matters of dispute directly related to the case are brought into a lawsuit, arbitration proceedings, or there are circumstances that prevent the investigation from proceeding, then with the approval of the head of the disciplinary committee and president of the board of directors, the investigation may be suspended. When the relevant procedures have completed or relevant circumstances no longer present, a decision can be made as to whether or not to resume the investigation. The period of suspension is not counted toward the time limit of the investigation.”
Given their professional ability and questions around potential conflict of interests, we requested that all of the panel members recuse themselves.
There was a ten minute adjournment. When the hearing resumed, our request for the panel’s recusal was rejected, and the hearing proceeded to hear the evidence that prompted the investigation. The investigators had almost no such evidence — they had neither the recording from the Yinchuan courtroom, and nor had they shown any judicial opinions or explanations. They merely showed us a blurry, two-page facsimile of the supposed court transcript that wasn’t even stamped with an official chop. I know why this was the case — everyone involved in the case knows perfectly well that Falun Gong cases are false and unjust prosecutions in the first place, and no one wants to publicly endorse this willful miscarriage of the law.
Despite repeated interruptions, I finished reading through my 5,000-6,000 word ‘Defense and Rebuttal’ (《申辩书》), and my two counsel then stated their own legal opinions in my defense.
I asked the panel: Had the Beijing Bureau of Justice and the BLA seen the full (i.e., unedited) recording of the hearing in the Xie Yiqiang case, and had they seen the case files and materials? I asked their thoughts or reflections regarding this abuse of power involving a judgement that circumvented the law, trampled on the Criminal Procedure Law, and flagrantly deprived a lawyer of his right to defend his client. I asked: Have the Beijing Bureau of Justice and the BLA got a few words to say about a lawyer’s rights to practice, and the dignity of the law, given that these are the organizations’ statutory duties? I added: The opposite appears to be the case, with you here illegally stripping a lawyer of his professional rights.
In conclusion, I said: “If myself, Wang Quanzhang (王全璋), Yu Wensheng (余文生) and other 709 lawyers were really guilty of any crime, it would be ‘the crime of taking the law seriously,’ ‘the crime of speaking the truth,’ and ‘the crime of diligently defending the client.’ Today, whether I’m outside fighting for the rights of journalists, the rights of observers, or everything I’ve said and done in this hearing room, all of it is to fight for the rights and dignity of every individual, and for the welfare of our future generations, including the future generations of those in power right now. Only if we respect the rule of law will this society escape chaos and turmoil. I believe that the vast majority of Chinese people, whether in or outside the official system, want the best for this society, and hope that it will progress toward human rights, peaceful democracy, and the rule of law. Every one of us has a responsibility. As long as all of us is willing to lean just a little bit in this direction, we’ll be able to see it realized. Of this I am confident!”
After the Hearing
As soon as the hearing finished, secretary-general Xiao Lizhu (萧骊珠) took me aside into a large conference room. Inside was my elder brother Xie Wei (谢维), a friend from our hometown, and a domestic security agent identified as Sun Di (孙荻). It seemed they had already talked matters over. Sun said that my brother would accompany me as they took down some simple notes. Then, four or five uniformed police officers came in with official recording equipment. The first came in and, in a show of following the rules, presented his police identification badge, identified himself as Wang Lei (王磊) (the one who questioned me later was officer Wang Xin [王鑫]), and handed me a notice of summons which said that I was suspected of obstructing the work of official organs in the lawful exercise of their duties. Given that they were now playing by procedure, I signed it and went along with them to the Hepingli police station (和平里派出所) and sat down in the third floor interrogation room. They didn’t forget to ask whether I was hungry or thirsty; I said I wasn’t for the time being.
Then, several batches of people came to talk with me. I told them that I’m happy to chat with them, but that if it’s an interrogation, I refuse to answer all questions in protest of the illegal summons. So, I spoke with each of them in turn, with discussions often turning into debates. Without exception they insisted that their right to enforce the law must not be violated; I in turn emphasized that law enforcers cannot themselves violate and abuse their power, nor enforce the law with malice aforethought.
After going at it like this back and forth for five or six hours, I found that the young policeman who’d been violent earlier on was now much less irascible. He was now avoiding eye contact, as though he was worried I’d hold him accountable later on. I told his bosses and colleagues that he’s still a young fellow, and I’m not going to go after him or any individual.
At around 6:00 p.m. one of the domestic security agents told me I could leave, and asked me to talk to my wife. After my wife Yuan Shanshan (原珊珊) heard that I had been taken away, she went to the Hepingli police station, and demanded all the paperwork about my case. In the course of this she got into an argument with one of the police officers, and in the end was herself apprehended, handcuffed, and detained. Thus, within one day my daughter had witnessed her father be violently dragged away by police, then seen her mother also taken away, on both occasions crying out for her mom and dad.
In the days leading up to the hearing, my wife had taken my daughter to the BLA to get a copy of the evidence, keeping vigil there for over 30 hours. I tried to convince her not to do that, but she wouldn’t listen and said it wasn’t for me alone, but for the rights of all families. Indeed, when the Hong Kong journalist was arrested and beaten, she dropped everything and tried to help him and cursed out the police. Most of the videos of the scene were shot by her. My wife hasn’t stopped fighting back!
The actions of Dongcheng police outside the BLA building were all for the illegal purpose of preventing me from speaking with the press. Similarly, forcing the journalist to write a ‘repentance statement’ and serving me an illegal summons after the hearing, was also intended to stop me from talking to the press, or exposing their illegal conduct.
In a normal society, the duty of police officers is to protect the rights and dignity of citizens, and to put a stop to illegal conduct and orders, no matter their pretext. Safeguarding some imagined notions of ‘state security’ and ‘social stability’ is not the legal duty of police.
I hereby thank all friends who attended the hearing and traveled to the police station to express support, including (among many others): Liu Juefan (刘珏帆), Zhang Baocheng (张宝成), lawyer Bao Longjun (包龙军), lawyer Lu Tingge (卢廷阁), lawyer Ma Wei (马卫), lawyer Sui Muqing (隋牧青), Li Yanjun (李燕军), Sun Dongsheng (孙东升), Wei Huasong (魏华松), Li Yue (李约), Li Wei (李蔚), and lawyer Tang Jitian (唐吉田).
May 19, 2018
Communist Party’s Suppression of Lawyers Is a Preemptive Attack Against an Imaginary Threat, Liu Shuqing, May 16, 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.
Detention and Disbarment: China Continues Campaign Against Human Rights Lawyers in Wake of 709 Crackdown, China Change, January 24, 2018.
A Record of 709, Xie Yanyi, October 15, 2017.
War on Human Rights Lawyers Continues: Up to 16 More Lawyers in China Face Disbarment or Inability to Practice
China Change, May 14, 2018
Following the ‘709 crackdown’ — a large-scale attack against human rights lawyers that began on July 9, 2015 — China has continued to target this small group (about 0.1% of China’s 300,000 lawyers) who have taken on cases to defend basic human rights and other forms of social injustice. While torture and imprisonment have failed to cowe them, the government is now resorting to simple disbarment, or more subtle techniques, like preventing them from getting work so as to force their licenses to lapse, in order to take human rights lawyers off the field. The government regards this group of lawyers and those they defend a threat to communist rule; their determination to eliminate them is meeting with success, and the onslaught appears likely to continue and deepen.
China Change has reported several recent cases of disbarment, such as that of Sui Muqing (隋牧青), Yu Wensheng (余文生) and Zhu Shengwu (祝圣武). The following is an overview of 16 more cases of lawyers who are facing imminent disbarment or forms of harassment that prevent them from practicing law.
This campaign to remove lawyers who defend human rights, or any lawyer who is outspoken or rejects governmental control through the Lawyers’ Associations, appears to be deliberate, coordinated and sweeping. As we prepare the following list, more cases of threatened disbarment have continued to emerge; we will keep our readers updated.
Meanwhile, we are reminded by lawyers we correspond with that many human rights lawyers who face neither disbarment nor inability to practice also face increasing obstacles to doing their jobs: the justice bureaus have demanded that lawyers must report to the bureaus the cases they take on; recent news says that judicial bureaus want to implement a ‘grid-style’ control system over lawyers; Party cells are being set up in law firms; and lawyers are required to disclose to the judicial bureaus their religious beliefs, social media accounts, and other personal information.
As the authorities set about their rectification campaign against rights lawyers and strip them of their right to practice law, plaintiffs in human rights-related cases are having a difficult time finding defense attorneys, a circumstance that is likely to get worse as time goes on.
Lawyers Who Have Been Arrested During the 709 Crackdown
Xie Yanyi (谢燕益)
In April 2018, lawyer Xie Yanyi found that his license to practice law had been marked ‘void’ on the website of the Beijing Bureau of Justice — though he had personally received no such notice. On May 4, the Beijing Lawyers’ Association informed him that a hearing would be held on May 16 regarding his alleged violation of regulations. The notice said that Xie was being investigated for suspicion of violating regulations during his representation of a client in Yinchuan, Ningxia, who was being charged with ‘using an evil religious organization to undermine the rule of law’ (the legal terminology used by the courts in Falun Gong cases).
The authorities have been using the excuse of ‘conducting an investigation into violating regulations’ on a past case simply to provide some pretext for cancelling a lawyer’s license to practice. Xie is the latest victim of this method.
In January 2017, not long after Xie was released on bail, he continued taking on cases at his original law firm, including the well-known case of the Canadian citizen of Chinese heritage and Falun Gong practitioner Sun Qian (孙茜).
On Sunday, Xie Yanyi requested postponement of the hearing, stating that his oral and written requests for copying materials that support the so-called ‘violations’ have gone unanswered, and that he is thus unable to defend himself during the hearing.
After being released from prison, Xie penned a “Record of 709” in which he described being tortured while in custody, as well as the authorities’ threats against his wife as a form of psychological torture.
Li Heping (李和平)
During a detention of nearly two years, Li Heping was subjected to an inconceivable degree of torture, including hands and ankles being chained together for over a month. He got through by silently reciting passages from the Bible and thinking how much his six-year-old daughter needed a father. On April 25, 2017, the Tianjin No. 2 Intermediate People’s Court held a secret trial on Li Heping’s alleged subversion of state power. Three days later he received the sentence to three years imprisonment, suspended for four years, as well as the deprivation of political rights for four years. Li declined to appeal. On May 9 the same year, after the appeal period had expired, Li was released and allowed to return to his family.
Li Heping is one of China’s earliest human rights lawyers, having been harassed and beaten by police for his work since 2007. Before the 709 crackdown he worked with a foreign NGO documenting cases of torture in custody and conducting anti-torture training classes.
On April 25, 2018, Li received notice from the Beijing Bureau of Justice that his law license was to be revoked — they said that according to Chinese law and regulations, lawyers who have deliberately committed crimes and been sentenced must have their professional licenses cancelled. Li rejected this explanation and demanded that a hearing be held about his case. On May 7, a man came to Li’s house to sever the notice, and Li scrawled the following on the receipt: “This is a great injustice. This is a false case, a case of political persecution. The truth will ultimately see its day!”
The hearing about Li’s law license will be held at 3:00 p.m. on May 17 at the Sunshine Halfway House (阳光中途之家), a community corrections center in Chaoyang District, Beijing.
Claiming that the case of Li Heping involves state secrets, the authorities announced that the hearing will be held behind closed doors. Nevertheless, we encourage the public, including foreign journalists and diplomats, to attend and observe in solidarity.
Li Chunfu (李春富)
In April 2018, Li Chunfu’s law license, like Xie Yanyi’s, was marked as ‘void’ on the website of the Beijing Bureau of Justice. However, Li has revealed that his law firm is currently handling his social security and medical insurance paperwork. This means he remains an employee of the firm, and the government has no reason to annul his law license.
On August 1, 2015, Li Chunfu was arrested after speaking out on behalf of his brother, Li Heping, who had also been detained during the 709 crackdown. In January 2017 after Li Chunfu was released on bail, it quickly became clear that he had been terribly abused in custody and was suffering a mental breakdown.
Wang Yu (王宇)
In April 2018, Wang Yu found in a search of the records held by the Beijing Bureau of Justice that her professional status was marked as ‘unregistered.’ Her previous employer, the Beijing Fengrui Law Firm (北京锋锐律师事务所), had been disbanded as a result of the 709 crackdown, and Wang Yu had been unable to find a subsequent law office with which to associate herself.
Wang Yu has had difficulties finding a firm to accept her — some law firms have received warnings not to employ her, while others tactfully decline to employ her. In China, a lawyer without a firm is unable to practice; and if they have not found a firm within six months, their license is automatically annulled.
In Wang Yu’s case, as in that of several others, this is a method to disbar a human rights lawyer.
Zhang Kai (张凯)
On March 27, 2018, Zhang Kai of the Beijing Xinqiao Law Firm published the news that his firm had been forced by the authorities to fire him. “If nothing unexpected happens, once I’m laid off there will be no other law firm who accepts me, and in a matter of a few months my law license will be annulled.”
He added: “I will continue to proactively communicate with my peers and the judicial bureaus and do my best not to make trouble for anyone, but if communication truly breaks down, I will be left with no choice but defend my own rights.”
Zhang Kai represented a number of churches in the Wenzhou area during the campaign to tear down crosses from 2014 to 2015. On August 25, 2015, Zhang and two assistants were taken away by police while at the Xialing Church (下岭教堂) in Wenzhou, and two days later placed under ‘residential surveillance at a designated place’ (指定居所监视居住) on suspicion of ‘organizing a crowd to disturb public order,’ and ‘stealing, spying, buying, and illegally providing state secrets and intelligence to foreigners.’ Zhang was released on probationary bail in March 2016, upon which he was forcibly taken back to his hometown in Inner Mongolia. In March 2017 his probationary bail was extended another year.
Huang Liqun (黄力群)
Huang Liqun, a lawyer with the Beijing Fengrui Law Firm, was arrested during the 709 crackdown and released in early 2016. In May 2018 on the website of the Beijing Bureau of Justice, his professional status was shown as ‘practicing,’ while his employer remained the Beijing Fengrui Law Firm which had already been shut down by the authorities.
In March 2017, the lawyer Liu Xiaoyuan said that after Huang Liqun’s probation was finished, he requested a transfer of employer but was rejected. The authorities said that he was a party to an ongoing case, and that only after the entire case was finished would his status be modified.
Bao Longjun (包龙军)
Bao Longjun is the husband of Wang Yu and only passed the bar exam and received his law license a few months prior to July 9, 2015, when he too was taken into custody on the same day as his wife. In August 2016, he and Wang Yu were released on probationary bail. He was still technically a legal intern at the time, and is currently unable to find a new law firm to employ him so that he can finish his internship and become a formally credentialled lawyer.
The Defense Lawyers of the 709 Detainees
Wen Donghai (文东海)
Wen Donghai, a lawyer from Changsha, Hunan, was the first lawyer to brave the atmosphere of terror after the 709 crackdown began and act as defense counsel for Wang Yu. He then began taking one sensitive case after another. On October 30, 2017, the Changsha Judicial Bureau dispatched a ‘Notification’ (《告知书》) to Wen, informing him that he had been investigated for “suspicion of disrupting court order and disrupting the normal operations of lawsuit activities,” found guilty, and would be subjected to administrative punishment.
On April 29, Wen made a freedom of information request to the Hunan Department of Justice, demanding that they disclose the work instructions received from Minister of Justice Fu Zhenghua related to the 709 crackdown, as well as information about the meetings held by Hunan judicial authorities about disciplining lawyers. The freedom of information request that Wen crafted included “the specific circumstances of meetings held by your department prior to the Chinese New Year that invited the participation and coordination of individuals in the Public Security Bureau, the Procuratorate, the courts, and the politico-legal commission, regarding the suppression of human rights lawyers.”
On May 10, Wen received notice that the Hunan Provincial Department of Justice was planning to annul his law license, and informing him that he had a right to request a hearing. However, hearings of this nature are merely a formality, have no substantive content, and are designed primarily to provide cover for what is in essence a political punishment.
Li Yuhan (李昱函)
Li Yuhan was arrested in October 2017 in Shenyang, Liaoning province. She was charged with provoking quarrels and stirring up trouble, and fraud. This April Li Yuhan was brought before the court and faces the prospect of a prison sentence and the loss of law license. Li Yuhan has represented Wang Yu during the 709 crackdown and secretly traveled to Inner Mongolia to visit the family with another of Wang Yu’s defense lawyers, Wen Donghai.
Liu Shuqing (刘书庆)
On January 4, 2016, Liu Shuqing, simultaneously a lawyer and a professor of chemistry at Qilu University of Technology (齐鲁工业大学) in Shandong, had his law license cancelled in the aftermath of the 709 arrests. Liu had been a lawyer for seven years, and had taken on cases the authorities consider sensitive, like that of Henan petitioner Gong Jianjun (巩建军) accused of killing a private security contractor; the case of Zhejiang dissident Chen Shuqing (陈树庆) accused of ‘subverting state power’; as well as Wang Yu and others. Liu believes that it’s his involvement in these cases that led to the annulment of his law license. In April 2018 the Qilu University of Technology announced that Liu had “repeatedly made inappropriate expressions,” and his teaching career of 16 years was put to an end.
Cheng Hai (程海)
Beijing-based Cheng Hai is the defense attorney for Wang Quanzhang (王全璋), another 709 lawyer who is still in detention. Cheng also took part, unsuccessfully, in the people’s deputy elections in Beijing in 2016 as an independent candidate. On February 5, 2018, the Beijing Bureau of Justice cancelled the license of Cheng Hai’s law firm, the Beijing Wutian Law Firm (北京悟天律师事务所), on the grounds that it had “refused to participate in the 2017 annual assessment.” Thus, if Cheng Hai does not find another law firm to employ him by August 5, his law license will be automatically annulled.
Huang Simin (黄思敏)
Huang Simin, a lawyer from Wuhan, Hubei, took on the case of Li Tingyu (李婷玉) among others; most recently the authorities have cancelled her license on the basis that she had failed to complete her transfer from one law firm to another. The truth is, Huang had been forced to leave her firm in Wuhan. Her plans to enter a firm in Guangdong didn’t materialize because orders were sent to firms not to accept her. She was then accepted by a firm in Changsha, Hunan. The local authorities there forced that firm to fire her. Currently Huang is currently seeking a solution to keep her license.
Liu Xiaoyuan (刘晓原)
Liu Xiaoyuan is a partner at the Beijing Fengrui Law Firm. Since the 709 crackdown in 2015, though the Beijing Bureau of Justice stated on its website that Liu was ‘practicing’ law, in fact he had been unable to do so for the last three years, and nor was he able to transfer his employment from Fengrui, because, as the authorities say, they’re still investigating Fengrui, and until their investigation is over, no one will be allowed to move onto another employer. This means that Fengrui’s lawyers who have not been otherwise detained during the 709 crackdown will need to wait at least until the case against Wang Quanzhang is finalized.
Wang Quanzhang has been in detention for over 1,000 days now. His wife in February 2017 was informed that he had been formally charged by the Tianjin Municipal Procuratorate with incitement to subvert state power, but his lawyers have not been allowed to see him, and no trial has been conducted. Sources say that Wang has been tortured so badly that he can’t be “shown,” and that this is the real reason the case has yet to be tried, judged, and that Wang is denied access to his lawyers.
Zhou Lixin (周立新)
Zhou Lixin is another partner with the Beijing Fengrui Law Firm. Since the 709 crackdown, he’s been listed by the Beijing Bureau of Justice as ‘practicing,’ but is in the same situation as Liu Xiaoyuan: unable to work for the last three years, and no indication of when this situation may change.
Peng Yonghe (彭永和)
Peng Yonghe is a Shanghai-based lawyer. On May 2, 2017, he publicly announced that he was quitting the officially-run Shanghai Lawyer’s Association. After that, he was forced to change law firms, but was prevented from getting new employment, and thus unable to work. The authorities told him on several occasions that as long as he took back his resignation from the Shanghai Lawyer’s Association, he’d be able to go back to practicing law.
In early May 2018, Peng announced that his wife applied for three jobs within the space of around a month, but that ‘relevant departments’ interfered and no one would hire her. Most recently, they’ve been unable to rent in Shanghai, also due to political interference.
Yu Pinjian (玉品健)
Yu Pinjian, based in Guangzhou, has a PhD in law. In September 2017 the authorities demanded that his law firm force him to find another employer. But, in a similar pattern to the other cases, once he left his first employer to transfer to another, the process was interfered with and he was unable to complete the procedures, and it now appears that his law license could be revoked as a result.
“I didn’t do anything,” Yu Pinjian has said on the record, “except for posting a few articles. I didn’t delete them as was told to, and the authorities then wanted to teach me a lesson.” (Yu Pinjian’s article on his public WeChat account, ‘Righteous Person of the Law’ [正义法律人] has already been deleted by censors anyway.)
Yang Jinzhu (杨金柱)
On May 14, the Changsha-based lawyer Yang Jinzhu received a four page Notification from the Hunan Provincial Justice Department of his planned disbarment for “alleged expressions that threaten the national security, using inappropriate methods to influence the handling of cases, disrupting court order, and using malicious language to defame others.”
The first accusation refers to Yang’s article posted in a WeChat group, titled “Lawyer Yang Jinzhu Angrily Fucks the 18 Generations of Ancestors of the Chinese Judicial System,” in which he vented his frustration. “This government ignores the law. The judiciary ignores the law. And when they see lawyers who defend personal rights, they put you in stocks, tie you up, fetter your hands and feet — this, right now, is China’s judicial system!”
A Record of 709， Xie Yanyi, October 15, 2017.
The Nightmare – An Excerpt of Lawyer Wang Yu’s Account of 709 Detention and Torture, Wang Yu, November 13, 2017
‘My Name is Li Heping, and I Love Being a Lawyer’, Li Heping, Ai Weiwei, August 21, 2016.
Cataloging the Torture of Lawyers in China, China Change, July 5, 2015.
The Vilification of Lawyer Wang Yu and Violence By Other Means, Matthew Robertson and Yaxue Cao, July 27, 2015.
May 9, 2018
On July 9, 2015, Wang Yu (王宇) became the first target in a campaign of mass arrests against human rights lawyers in China. Over the next roughly two weeks, over 300 rights lawyers were arrested, interrogated, detained, and threatened — thus begetting the notorious ‘709 Incident.’ After over a month in secret detention at a black site in Beijing, Wang Yu was transferred to Tianjin for a continuation of her detention, then under so-called ‘residential surveillance at a designated place’ (指定居所監視居住). For over a year she was not allowed to see her lawyer, family, or communicate with the outside world. Another 20 or so lawyers and activists, including Wang Yu’s husband Bao Longjun (包龍軍), were given similar treatment. During the secret detention and their time in detention centers, they were severely tortured, including by sleep deprivation, prolonged interrogation, forced-feeding with unidentified drugs, beatings, insults, being hand- and foot-cuffed, or having their family’s safety threatened. Some were even placed in cages submerged in water, so-called ‘water cage’ torture. Currently, three individuals are serving prison sentences, three were released on suspended sentences, and all others except one were released on a probationary form of ‘bail.’ Lawyer Wang Quanzhang (王全璋) has been detained for over 1,000 days, neither sentenced nor released, and no one even knows whether he is dead or alive.
In August 2016, Wang Yu and her husband were released on a probationary form of bail (取保候審), whereupon they were forcibly taken to an apartment building in Ulanhot, Inner Mongolia. There they were reunited with their son, Bao Zhuoxuan (包卓轩), who had previously been coercively removed from Beijing and placed in Ulanhot to continue high-school. In Ulanhot, their movements were closely monitored, they were followed wherever they went, and their apartment was fitted out with an extensive array of surveillance cameras that pointed to their doorway, stairs and in and out of the building entrance. Wang Yu believed that the apartment itself was bugged too. Around a year later they were allowed to return to their own home in Beijing. Now, though they’re apparently ‘free,’ every move they make is still surveilled by the authorities, and Wang Yu has been unable to resume her profession as a lawyer.
Among China’s human rights lawyers, Wang Yu has been called the ‘Goddess of War.’ Prior to the 709 crackdown, she traveled the country taking on all manner of human rights cases. The image of Wang the lawyer in the ‘Hooligan Sparrow’ documentary, handing out fliers about the law under the beating sun in Hainan, left a deep impression of her commitment.
On July 8, 2016, the American Bar Association announced that it had selected Wang Yu to receive its inaugural ABA International Human Rights Award, “in recognition of her dedication to human rights, justice and the rule of law in China.” This news seemed to rattle the Communist Party. The authorities knew perfectly well that the 709 crackdown was an illegal, politically motivated large-scale persecution of human rights lawyers, and that the cruelty of torture methods they used exceed what most people can conceive. They fear the moral support that the international community was extending to the targets of their attacks.
In an attempt to sever such support, in the days leading up to the award ceremony, the authorities forced a detained Wang Yu to record at least two similar video statements castigating and rejecting the award. In one news clip, broadcast on CCTV, China’s state-run central TV, she says: “I haven’t really done anything in terms of human rights, so this sort of award is using me to besmirch the reputation of the Chinese government and besmirch the image of China. Thus, I insist on not approving, acknowledging, or accepting it. Nor will I have any other individual or organization accept the award on my behalf. If, despite my explicit rejection, they force the award upon me, this will be a violation of my human rights, and I strongly protest.”
In another clip broadcast on Phoenix, a state-run TV station thinly-masked as commercial TV in Hong Kong, she sits outdoors with a grass lawn behind her. In front of her are a number of official journalists whose faces the audience couldn’t see. She says, her voice halting: “As far as I’m concerned, this award is using me as a tool to attack and denigrate the Chinese government. I’m a Chinese person; I only accept the leadership of the Chinese government. I don’t want this or similar awards, not now, nor in the future.”
Two Tianjin lawyers claiming to represent her even sent a letter to the ABA, saying that the ABA award constituted an “infringement on the reputational rights of Ms. Wang Yu… Ms. Wang Yu reserves the right to pursue your organization as liable for such infringements.” The letter demanded that the ABA “cease and desist” in giving her the award.
On the basis that Wang Yu was in detention and could not speak of her own free will, the ABA dismissed the ploy and went ahead giving the award in Wang Yu’s absence on August 6, 2016, during its annual convention in San Francisco.
Two weeks after the award, a nationalistic website in China published an article by a “former NGO worker” who claimed to have worked at ABA’s office in Beijing. It described one boss as being lazy and incompetent, and another as rude and lecherous. It portrayed the ABA Beijing office as a place where Chinese employees were discriminated against and where “humanity and dignity…was worthless.” It insinuated, without clear factual statements, that ABA’s activities in China were political and ABA was a tool of the U.S. government being used to instigate a color revolution.
Now we have come full circle: in the book “The People’s Republic of the Disappeared: Stories from inside China’s system for enforced disappearances” published in November 2017 by Safeguard Defenders, Wang Yu for the first time reveals what she experienced under residential surveillance (China Change has an excerpt). In a new report recently released by the same organization, Wang Yu revealed how she was forced to rebuke and reject the ABA’s award. On television, she appears with a slightly puffy face, sitting outdoors before a grass lawn. In front of her are a number of official journalists whose faces the audience couldn’t see. She says, her voice halting: “I haven’t really done anything in terms of human rights, so this sort of award is using me to besmirch the reputation of the Chinese government and besmirch the image of China. Thus, I insist on not approving, acknowledging, or accepting it. Nor will I have any other individual or organization accept the award on my behalf. If, despite my explicit rejection, they force the award upon me, this will be a violation of my human rights, and I strongly protest.”
The following statement by Wang Yu about this incident is reproduced below with permission.
Wang Yu’s Account
It is difficult to explain, why I went on television, what kind of mental process I had gone through. And until now, I still feel it is difficult to describe, I don’t know how to talk about it. Actually, I do want to talk about it in detail, but I always feel sad. I am still struggling to get over the trauma. But I know I should speak out, even if just in this simple way.
It was about April 2016 and I had already been transferred to the Tianjin First Detention Centre. I had just finished my breast surgery at that time and the guards and interrogators were taking quite good care of me. My interrogator said if I cooperated then my case would be “dealt with leniently.” He meant I could be released soon. They also kept reminding me that my dream of sending my son overseas to study could happen only once I had been released from the detention centre.
How, then, did they want me to cooperate? They said all the 709 Crackdown people need to demonstrate a good attitude before they would be dealt with leniently. They said a PSB [Public Security Bureau] boss would come to the detention centre in a few days and they wanted me to say to him that: “I understand my mistake, I was tricked, and I was used. I denounce those overseas anti-China forces and I am grateful for how the PSB has helped and educated me.” After that, they stopped taking me to the interrogation room and moved me to a staff office where they fixed up space for me to eat and memorise the material my interrogator gave me.
Around about the end of April, the interrogator told me the boss was coming today and that we should make the video. He promised me the video would only be shown to that boss, and it would definitely not be shown to the public. He told me not to worry and just follow the script they had given to me. If I couldn’t memorize it all, then we could just re-record it. They also told me that everyone who was caught up in the 709 Crackdown had already made such videos. I kept asking them to confirm that it wouldn’t be shown in public and they promised it would not. Despite their assurances, I was still very unhappy about having to do the video.
In the afternoon, I was taken to the office again. A few minutes later, a man came in; he was in plainclothes and about 50 years old. A young man in his 20s followed with a camera. They both said something similar to me; something about how they would find a way out for me. I have suffered a lot of memory loss in the past few years so even if I try to remember exactly what happened, I can’t. But I do remember asking him who would see the video and he repeatedly said that it was only for their boss and not for television.
The young man finished setting up the camera, then the older one started asking questions. I don’t remember the exact questions, but it was basically the same as my interrogator had told me to study. I didn’t answer very well, because my memory was bad and also I didn’t want to make the video. I really messed up some of the questions and they had to ask me again and again. After three or four hours, they eventually left.
Some 20 days later, I heard that the so-called PSB boss had said that last video was not good enough and that we had to record it again. So, we recorded it again, but two days later, my interrogator said it still wasn’t acceptable. The next time they came with a camera and a computer, with the script typed into the computer in a huge font size. They wanted me to read it from the screen and look into the camera. We recorded it like this many times and finally they left. But another two days later they came back and said it still wasn’t good enough, so we did it all again. But that didn’t pass either.
It was about the beginning of June, one day before the Dragon Boat festival, when my interrogator told me that another boss was coming and wanted to talk to me. If I behaved well I could get out of the detention centre. Not long after, two men in their 50s or 60s in plainclothes, came in. They surprised me by shaking my hand when they first arrived. Later, I learned they were the vice-director and division chief of the Tianjin PSB. They talked briefly about my health and my situation and then asked me to give a self-evaluation. I said: “Of course, I think that I am a good person and also a good lawyer. I believe in behaving with kindness and I am professional in my work and have always won my clients’ approval.”
After that they often took me to their office to talk with them. They kept trying to persuade me to do an interview on television, but I kept saying no.
In the beginning of July, my interrogator talked to me alone. He said, “Think carefully. If you don’t agree to go on television how will you be able to get out? How will your husband Bao Longjun be able to get out? How will your son ever be able to study abroad?”
I thought hard about it for a few nights. I thought, neither me nor my husband can communicate with anyone from outside. Who knows when it will all end. And my poor son was home without us. We didn’t know how he was doing. Although, my interrogator told me that he had been released and was living in Ulanhot, he might be under surveillance, he didn’t have his parents with him. What kind of future would he have?
I though the two so-called “bosses” who had been talking with me looked like they would keep their word. After speaking with them for many days, I trusted them, and the people around me treated me much better. Much better than when I was in RSDL [residential surveillance at a designated location], where they were very cruel to me.
So, I decided to accept. I just wanted to see my son so much. I thought, if I couldn’t get out my son would never be able to study overseas. I might get out many years later, but by then what would have happened to my son? If he was harmed now, the trauma would stay with him his whole life. I needed to be with him during this stage of his life. I decided that I would do my best to help my son go to a free country and study. He would no longer live like a slave, suffering in this country. He has to leave, he must leave, I thought. That was the most urgent thing. So I had to do it, even if it meant doing something awful.
I also considered the possibility that they might break their promise—and if they did I vowed to fight. So, I said yes to their request to go on television, but only if they released me first. I started practicing the script they prepared for me and we rehearsed it many times, almost every day before I left the detention center.
On 22 July 2016, they went through the formality of my “release on bail.” They took me from the Tianjin First Detention Centre to the Tianjin Police Training Base under Tianjin Panshan Mountain. I stayed there for about 10 days.
They transferred me to Tianjin Heping Hotel and for the next two days I was still under their control. I did the interview in a western-style building near the Heping Hotel a few days later. That afternoon, about 4 or 5pm I was reunited with my son. He hugged me and cried for a long time. I also quietly shed tears.
The next day, my son and I met his father Bao Longjun who had also just been released on bail.
After my release I became very depressed. We were kept under house arrest in Ulanhot. My son and his father often made fun of me because of what I had said on that television interview and I felt very hurt and under a lot of pressure. One time, when I couldn’t stand it anymore, I asked my son, “Would you rather I suffered and went on television so I could be with you, or would you prefer that I didn’t go on television but then stayed in prison?” My son said emphatically: “I want my mum with me!”
Hearing my son say this, I believe that everything I suffered was worth it. This was the only way I could be reunited with my son, so I had to do it.
When I got back home, I gradually began to understand what kind of pain my son had been through over the past year. Such cruelty caused my son to suffer from severe depression and that made me even more determined to settle my son overseas so that he could heal both mentally and physically.
So, this is my story. I don’t expect everyone to understand. I just want to say that my son is everything to me. Perhaps, I had no other choice.
The Nightmare – An Excerpt of Lawyer Wang Yu’s Account of 709 Detention and Torture, Wang Yu, November 13, 2017.
New York Times editorial: Show Trials in China, August 6, 2016.
She was a quiet commercial lawyer. Then China turned against her. Washington Post, July 18, 2015.
Li Wenzu, April 12, 2018
Li Wenzu (李文足) is the wife of 709 lawyer Wang Quanzhang (王全璋). On April 4, the 1000th day of her husband’s disappearance on July 10, 2015, she and a group of 709 lawyers’ wives began a march from Beijing to Tianjin, about 130 kilometers, where Wang Quanzhang is supposedly being detained. Along the way, other activists joined them on and off. On the sixth day of their march, their march were broken up by scores of plainclothes police officers, and Li Wenzu was taken back home to Beijing by force. Human Rights in China translated Li Wenzu’s account of her first day back. We offer you a translation of her account of the second day. However, as we prepare this piece, this morning Beijing time, outside Li Wenzu’s apartment building in Shijingshan District, the dozens of plainclothes officers and their helpers are nowhere to be seen. Li Wenzu has taken her son out for a train ride…. — The Editors
This is the 1006th day of [my husband] Wang Quanzhang’s disappearance, and the second day of my home detention. Even Auntie (the nanny) and my toddler son are blocked from leaving home. The plainclothes police at the door told us that if we go out the door, they will kill us. It was only after I called 110 [China’s 911] that Auntie and my son were let out of the house. As they walked out, a group of old women from the neighborhood committee yelled at them, “traitors!” and Auntie and my son both burst into tears.
This is the 1006th day of Wang Quanzhang’s disappearance, and the second day of my home detention.
In the morning, Wang Qiaoling (王峭岭), Fan Lili (樊丽丽), Big Brother Zhang Shangen (张善根), Big Sister Guo Shumei (郭树梅), Big Sister Wang Xiuzhen (王秀珍), and sister Zhu Ling (朱玲) came to visit me. But they were stopped by 40 or 50 people who were in the courtyard; the group included the neighborhood committee director and personnel, as well as plainclothes police officers. Not only were they swearing at [my friends], but they also grabbed their phones, and even broke Wang Qiaoling’s glasses from the side.
I opened the door and wanted to go downstairs to greet them, but the door wouldn’t push open; several people were pushing it shut from the other side. My friends couldn’t come up, and I couldn’t get out. All I could do was climb up the window to talk with my friends who had come to see me. From the 5th floor window, I also spoke angrily about “709” and Wang Quanzhang, which led to onlookers gathering downstairs to watch the commotion.
Another thing happened that I didn’t expect: a little after 3 o’clock in the afternoon, Auntie wanted to take the boy out for a stroll, and a man standing in the doorway turned to us and shouted: “If you dare to come out, we’ll kill you, do you not believe it?” I said, “I believe it, I very much believe it, because you’re all hooligans and scoundrels, I know that you’re capable of anything.”
With my 110 call in which I made a strong demand, my son and Auntie were able to go out. However, a group of women from the neighborhood committee who were at the entrance to the building hurled all kinds of abuse at Auntie and the child, saying that Auntie was a turncoat and traitor. “Go back!” They shouted at them. Auntie took the child back home; both of them were crying. These people not only blocked us, but also claimed constantly that they would kill us. Now that my son and I are in their hands, killing us is easy. If my son and I are disappeared, if we are killed, please, my many friends, help write this tragedy in history. Thank you my friends for visiting me today! Thank you, netizens, for your constant attention and concern!
Wang Quanzhang: The 709 Lawyer Not Heard From Since July 2015, Yaxue Cao, January 15, 2018.
Five Lawyers Write to Minister of Justice: Cease the Campaign-style Political Crackdown Against China’s Lawyers
March 2, 2018
Minister Zhang Jun:
We are among the lawyers who have been disbarred or prevented from practicing as a result of coordinated suppression by the Ministry of Justice in the year 2017.
We are well aware that open letters are regularly received by ministries, commissions, and high officials in the Party, state, and military — some angry, some polite, some beseeching… letters of every kind imaginable. There are simply too many people who, unable to find redress anywhere else, will put their hopes in making direct appeal to officials. Whereas local officials may occasionally respond to letters, writing to high-ranking officials in Party Central is like tossing a rock into the ocean.
There are also many, in particular human rights lawyers, who act with goodwill, out of a concern for the people and the country, and write to high officials of various ranks. In the end they often meet with trouble of various sorts — the loss of licences to practice law, or even the loss of their personal freedom and retribution of all kinds. A recent example is lawyer Yu Wensheng (余文生) who wrote to the National People’s Congress with suggestions about appointments, dismissals, and constitutional amendments. Subsequently his license was revoked, and he was detained on the baseless charge of “obstructing official business” (妨碍公务罪), and in the end was formally arrested and charged with “incitement to subvert state power.” He was then placed under residential surveillance at a designated location.
For another example, veteran lawyers Cheng Hai (程海) and Zhou Lihui (邹丽惠), among others, wrote you an open letter in October 2017 — a sincere, respectful, evidenced, and thoroughly rational address. Yet merely days after the new year, Cheng Hai’s law firm was forcibly shut down, and a lawyer who had heretofore proudly called himself a “rule-of-law lawyer” faced the threat of losing the right to practice, as many before him.
We, like many other lawyers, once hoped that you, as the newly-appointed Minister of Justice, would treat lawyers well. After all, you previously served as the vice president of the Supreme People’s Court, and prior to that you were a proud justice on the Supreme People’s Court of the People’s Republic of China. Though judges in China are often subject to political interference, we nonetheless placed in you some hope given that we, as you, all honor and trust the same legal system.
At the same time, we are fully aware that you have never been a friend to the lawyers of China, nor do you have reverence for the law of the land, whether as vice president of the Supreme People’s Court, or Minister of Justice today. You have also demonstrated poor judgment on political events. It’s a far cry for you to claim that you treat lawyers with “deep love and strict discipline.”
When the well-known “Xiaohe case” occurred in 2008, you were vice president of the Supreme People’s Court, and you disapproved of the brave lawyers who mounted vigorous defense in the court and belittled them as “trouble-maker lawyers.”
In 2009, when the case against lawyer Li Zhuang (李庄) for perjury emerged, despite the fact that the entire episode was clearly farcical from beginning to end, which any lawyer or judge could see was full of holes, as the vice president of the SPC you not only ignored that legal black hole, but even went about singing the praises of the “strike the black” campaign led by Bo Xilai in Chongqing. According to a May 10, 2011 report in NetEase, you once made the trip to Chongqing to hold a national criminal trial seminar and presented an “important speech”:
Under the leadership of Secretary Bo Xilai, Chongqing has launched a ‘sing red, strike black’ campaign, and has begun building ‘five Chongqings.’ The masses have obtained numerous tangible benefits… In criminal trials associated with ‘striking the black and purging the malefactors’ (打黑除恶) the Chongqing Judicial Bureau has persevered in the spirit of the rule of law. Severe crimes receive severe sentences, petty crimes are sentenced lightly, and the policy of ‘leniency and severity existing together’ is implemented in earnest. The Supreme People’s Court attaches a high level of importance to Chongqing’s campaign of ‘striking the black and purging the malefactors,’ giving it vigorous support, and seeing to it that trial and review work proceeds in an orderly and smooth manner. The municipal high court integrates Chongqing’s actual situation while also pursuing procedural justice and fairness, and guaranteeing real justice. Much of their work is at the forefront of the national court system. Many of the experiences in Chongqing’s ‘striking the black and purging the malefactors’ work is worthy of being digested and promulgated.
Yet within a year of your saying those words, a series of events took place, making your remarks at Chongqing particularly myopic and laughable.
On February 6, 2012, Wang Lijun (王立军), the leader of Chongqing’s ‘striking the black and purging the malefactors’ campaign and chief of the Chongqing Public Security Bureau, fled to the U.S. consulate in Chengdu.
On March 14, 2012, after the closing of the 5th meeting of the 11th National People’s Congress, Premier Wen Jiabao held a press conference with journalists in the Great Hall of the People. During his remarks, he addressed political system reform, and said: “After the smashing of the ‘Gang of Four’, though our Party made resolutions on a number of historical questions and implemented reform and opening up, yet the error of the Cultural Revolution, and the impact of feudalism, have not been completely eliminated.”
On April 10, 2012, it was announced that Bo Xilai had been put under investigation by the Central Commission for Discipline Inspection, for grave violations of Party discipline.
On September 22, 2013, the Jinan Municipal Intermediate People’s Court declared Bo Xilai guilty of bribery, corruption, and abuse of power, and sentenced him to life imprisonment and the lifelong deprivation of political rights.
As Minister of Justice, you declared that “lawyers are the friends of the public security bureau, the procuratorate, and the court.” You said that although it’s the job of lawyers to present opposing opinions in court that fall beyond what judges expect, thus bringing a certain degree of pressure upon the hearing of cases, “it’s precisely these lawyers exerting such impact that promotes justice in the judicial system.”
You said that in the early years, China was in a fix for having a lack of lawyers, but now you are concerned with how to provide better services for lawyers and how to create better conditions for lawyers to conduct their profession. This, you said, itself shows how rapidly the project of the rule of law in China has developed.
And again, for example, you made the new proposal that “lawyers associations should be at the forefront,” and you said that the treatment of lawyers should combine “strict discipline” with “deep love.” Thus, lawyers associations should establish two “centers” — one for defending lawyers’ rights, the other for issuing reprimands. You said that in order for lawyers associations to amply play the role of defending the rights of lawyers, the current system — whereby law firms and individual lawyers suffer professional harm for their activities, and are only able to be their own advocates, with limited results — should be changed.
Yet the fact is that merely a few days after you uttered these warm words, you put out a hit on lawyers: all across China, public security bureaus, procuratorates, courts, and judicial bureaus at every level began lodging cases and issuing complaints against lawyers. Upon your orders, judicial bureaus at every level have worked hand-in-glove with lawyers associations to wield a big stick: calling lawyers in for chats, issuing warnings, conducting secret investigations, filing cases against them, and dealing out punishments. The controls levied against lawyers are becoming more severe by the day, and they are faulted for whatever they do. Meanwhile, there has been no substantial change whatsoever in protecting their rights.
Judicial bureaus and lawyers associations at every level have been investigating the normal speech of lawyers, even subjecting them, at will, to administrative punishment on the slightest pretext. The Shandong lawyer Zhu Shengwu (祝圣武), or Zhejiang lawyer Wu Youshui (吴有水), for instance, posted remarks on Weibo that had nothing to do with their vocation as lawyers, and which were clearly within the scope of normal comments authorized in the constitution for public supervision of state organs and employees — yet Zhu was disbarred and Wu was suspended.
When Shandong lawyer Li Jinxing (李金星), Guangdong lawyer Sui Muqing (隋牧青), and Hunan lawyer Wen Donghai (文东海) took on so-called “sensitive” cases, and in court put up a stiff resistance to the judges’ flagrantly illegal behavior, by your standard they ought to have been helping the judges administer justice according to the law, and safeguarding the true prestige of the court and impartiality of the justice system. Yet all the same, they were slandered as having disrupted court order, punished, and investigated.
The Yunnan lawyers Wang Liqian (王理乾) and Wang Longde (王龙德), as well as the Shanghai lawyer Peng Yonghe (彭永和), publicly withdrew their membership from their respective lawyers associations because those organizations could not truly protect their rights, and instead assisted in their repression. Judicial bureaus later sought out the lawyers for retaliation: Wang Liqian and Wang Longde were disbarred, and Peng Yonghe was sacked from his firm. The new firm he had been admitted into didn’t dare hire him after being intimidated by the local judicial bureau. To this day he still cannot practice.
Within the last six months, over 10 honest, reputable rights defense lawyers who dared to speak out were punished, harassed, or prevented from practicing, on completely unreasonable grounds. Numerous law firms and other lawyers have also been harassed, punished, “rectified,” or had their licenses cancelled.
We have seen the “strict discipline” part. Where is the “great love”? Before we were punished, our rights were seriously violated by the public security organs, the procuratorate, and the court. Our attempts to defend our rights via lawyers associations and judicial bureaus went nowhere. Hunan lawyer Wen Donghai, while handling a religious freedom case in Xinfu district, Xinzhou, Shanxi Province (山西忻州市忻府区), was never given a copy of the case files. This persisted from police investigation, to indictment by the prosecutors, even to the day of trial where lawyer Wen and his client were not allowed to look at the case file to verify facts. In response to this flagrant violation of the Criminal Procedure Law, Wen Donghai hoped for the intervention of the Hunan Provincial Lawyers Association, and wrote to them demanding that they report the situation to the relevant judicial bureau, and also asked them to inform the All China Lawyers Association. Yet to this day Wen has not received a response from the Hunan Lawyers Association.
There has been an explosion of cases of lawyers having their rights trampled on by judicial organs. The “strict discipline” of lawyers has resulted in their being too intimidated to resist, while the abuses on the part of the judicial organs are only becoming more wanton and reckless. For example, lawyer Chi Susheng (迟夙生) was expelled from a court in Shenyang, while lawyers Lu Tingge (卢廷阁) and Li Xiongbing (黎雄兵), among others, were beaten at the Huili Municipal Court in Sichuan Province. There have been numerous instances of lawyers being illegally prevented from meeting clients, such as in the case of Yu Wensheng, or prevented from accessing case files, and so on.
Over the course of the ongoing 709 Crackdown directly against human rights lawyers, numerous parties and their defense lawyers have had their rights ignored. Wang Quanzhang (王全璋) has been detained for nearly 1,000 days and to this day has not seen a lawyer.
The “rectification” of lawyers today is similarly being conducted in the Party’s campaign mode, a continued illegal suppression following the 709 Crackdown. As vice president of the Supreme People’s Court, your inability or unwillingness to correct the lawless crackdown of Bo Xilai in Chongqing presaged the current movement-style rectification campaign currently roiling China.
The Scope and Character of the Current Campaign
A number of points are relevant for considering the scope and character of the present campaign.
Firstly, the campaign was a manipulated outcome after secretly investigating and establishing cases against, primarily, human rights lawyers. Lawyers are a product of the modern rule of law. In a market economy, those most suited to rendering judgement on lawyers are their own clients. Yet, of all the instances of human rights lawyers being accused of violating regulations since the second half of 2017, not a single one is a result of a client filing a complaint. To the contrary, the majority of these lawyers are of excellent repute in the legal community and they’re appreciated by their clients. Some of the investigations against them were launched by judicial bureaus, and the matters under investigation were not within the remit of their vocations, but related to their speech acts in other contexts. These include the cases of Zhu Shengwu in Shandong, Wu Youshui in Zhejiang, and Cheng Hai in Beijing. Some of the investigations were launched due to complaints or the so-called “judicial opinions” by police, prosecutors, or the courts, such as the case of Li Jinxing in Shandong or Wen Donghai and Yang Jinzhu (杨金柱) in Hunan. Some were about settling old scores, such as the cases of Wang Liqian and Wang Longde in Yunnan, or Sui Muqing in Guangdong.
Secondly, public security bureaus, procuratorates, courts, and judicial bureaus have acted in a highly coordinated manner to suppress and degrade rights lawyers. Many lawyers, prior to cases being filed against them, were secretly investigated for a long period. But as soon as the investigation was officially registered, they were required to answer questions in a formal hearing. Particularly preposterous was the fact that in many cases, the authorities simply ignored all reasonable and lawful explanations by lawyers or their representatives, issuing punishments merely a few days after the hearings. In some cases the penalty notice had been prepared for the very next day. For instance, after Yu Wensheng was disbarred by the Beijing judicial bureau, he made a recommendation for an amendment to the constitution, for which he was promptly taken into custody by Beijing police and charged with a fictitious crime. Beijing lawyer Li Yuhan (李昱函) was similarly taken into custody because she took on a 709 case and had been in an old dispute with Shenyang police. Some law firms, under immense pressure from local judicial bureaus, forced lawyers to transfer to other firms — and while this was in progress, the judicial bureaus then sought out the new firms and stopped them from taking them on. If a lawyer can’t find a place of work for six months, his license is cancelled. This is what happened in lawyer Yu Wensheng, among others.
Thirdly, the signs that these punishments were retaliatory in nature is everywhere in evidence. Lawyers conducting their profession according to the law should be accorded legal protection, but in the punishments and investigations currently known of, a number of rights lawyers were representing relatively “sensitive” cases and had aroused the ire of the public security organs. The reason they’re being punished is often because, in their earnest pursuit of the law, they’ve violated some of the internal “hidden rules” (潜规则) of the public security authorities. The manner in which they’re punished is also extremely crude and brutish, and is often paired with slanderous propaganda widely disseminated in state media. The same lawyers are then denied legal or administrative relief. Some of the lawyers decided to lodge legal complaints against the judicial organs themselves. In such cases the court either refuses to receive their materials, or after receiving them quickly rules against accepting the case.
This was exemplified after Wen Donghai sued the Yunnan Lawyers Association for defamation. The trial date had already been set, but one day before trial the court informed Wen that the “superiors” have given an order that the case must not proceed to trial, and so they simply ruled that they would not accept his complaint. When lawyer Wen later sued for defamation the judge Bai Weiliang (柏为良) of Yunnan’s Eshan Yizu autonomous county court, the court first received the materials, and then sent them back. To this day Wen has yet to receive any kind of formal response. Recently, after Zhu Shengwu was disbarred by the Shandong judicial bureau, he lodged a suit with the court but the court refused to accept his filing.
The Difference Between Campaign-style Crackdowns and Normal Regulation
- Campaign-style suppression involves opening investigations and handing down administrative punishments against a large number of lawyers within a short period of time. According to preliminary statistics from the Ministry of Justice, in the latter half of 2017, over 40 lawyers were penalized under all manner of pretexts. Putting aside the question of whether there was substantive basis for the punishments — given that so many lawyers were penalized in such a short piece of time, in the vast majority of cases related to things that had happened long ago — what was the Ministry of Justice doing before? Did they deliberately indulge in the rule violations previously? And if so should they not be held responsible for dereliction of duty?
- The reasons provided for investigating some of the lawyers are simply baseless, and would count for nothing if not for this anti-lawyer campaign. Because of the illegitimacy of the reasons for the penalties, they wouldn’t be able to stand the test of time or due process, and if the penalties were not levied in rapid succession, their shock and intimidation value would be lost. Indeed, in that case the illegitimacy of the claims would be continually laid bare. That’s why the campaign-style suppression must be executed within a short period: the disbarments and firm closures in the cases of Zhu Shengwu, Wu Youshui, Wang Liqian, Wang Longde and Sui Muqing exemplify this. Moreover, the authorities were sure to mix together these political punishments with a number of penalties against lawyers who indeed should have been penalized, a deliberate attempt to conceal the fact that this was a targeted political action against a specific group.
- Police and judicial organs have worked fist-in-glove with neighborhood committees to effect 360° control over human rights lawyers. Their close cooperation is shown by:
Firstly, the concentration of complaints against lawyers by public security bureaus, procuratorates, and courts;
Secondly, their close cooperation in secret investigations, where in some cases they even fabricate or exaggerate facts, and refuse at any point to provide the lawyers so targeted with the evidence being levied against them;
Thirdly, the manner in which they have severed the targeted lawyers’ access to legal support. This is particularly harmful given that as lawyers, the only thing they have to rely on is the law. But in this campaign-style attack, legal relief has been denied. In most cases this takes the form of rejecting lawyers’ appeals for reconsideration (复议) within a fixed period of time, regardless of the strength of the argument. In some particularly egregious cases the court refuses to even receive the appeal documents, denying lawyers he opportunity to present their views, and granting them no trial;
Fourthly, the fact that a number of the law firms that have employed human rights lawyers have been forced to participate in the rectification campaign against them. Most commonly this takes the form of threatening to sack the lawyers, or actually sacking them, and then ensuring that they cannot find new work. Also, neighborhood committees and police stations, among other work units, closely surveil every step a lawyer takes, ensuring that everything they do is within the control of the authorities.
An example of how these policies play out can be found in the case of Shi Ping (施平), a trainee lawyer who was on an internship in Guangzhou. During that period, simply because he had been placed under criminal detention (and later released) — despite there being no grounds for the detention — both the Henan and Guangdong provincial ministries of justice refused to process his internship paperwork. To this day he has not been able to secure work. According to the judicial interpretation of the Law of the People’s Republic of China on State Compensation, Shi Ping bears no criminal responsibility — yet the Guangzhou Lawyers Association still uses the pretext that he was once under investigation to indefinitely hold his legal credentials in a state of “postponed registration.”
The most important element of modernity is the rule of law. Putting the rule of law into practice requires, firstly, ending the use of political campaigns as a tool and instead integrating social management into everyday legal procedures. Regulating lawyers’ practice is legitimate and necessary, but it must proceed on the basis of the law itself. If political movement-style methods are used instead, the rule of law will be undermined and Chinese society will be dragged into chaos.
Perhaps you, Minister Zhang, believe that high-handed tactics against lawyers will enable overall social control. This may be how you dress it up when reporting to officials up the chain of command. The claim may fool people for a while, but it will be impossible to fool thinking people over the long term. It is obvious that, as a wielder of power, you can force lawyers to shut up, but you can’t force everyone in China to shut up and stop thinking. Citizens, ordinary or otherwise, can indeed be deprived of lawyers — but how will their rights be upheld when repressed? Absent the guidance of modern rule of law, the law of the jungle will take over. How many more cases of extreme travesty of justice do you think will occur, in that case?
The fact is that it’s precisely those responsible, law-abiding rights lawyers who have become your target of suppression and elimination. You don a mask and claim to the world that you’re about justice, while you quietly take up the butcher’s knife and slash at the sacred scales of the law — a repeat of your performance in Chongqing years ago.
If lawyers can bring anything to China’s modernization program, it’s their rational and pragmatic spirit, and their respect for the norms of modern civilization. Without the determined and widespread engagement of lawyers, everyone will face uncertainty, without exception. With the scales of law destroyed, all of us — including you, Minister — will lose control of our fates.
Perhaps the suppression of lawyers brings momentary satisfaction to your ego, Minister, and helps pave the path for your promotion through the Communist Party ranks. We’re merely the child who dares to point out that the emperor has no clothes. Even though we’ve already been disbarred or had our law licenses cancelled by the judicial bureaus you control, it’s us who are the real lawyers of China, because we act with the courage of conviction that being a lawyer demands.
We hereby cry out in earnest: The political campaign against lawyers in China must stop!
This is an important test as to whether our nation can conform to the norms of modern civilization, and it is the most important criterion for whether our country can truly establish freedom, democracy, the rule of law, equality, and other core values. Please think twice about your choices.
Shi Ping (施平)
Wang Liqian (王理乾)
Peng Yonghe (彭永和)
Chen Jiahong (陈家鸿)
Zhu Shengwu (祝圣武)
February 28, 2018
Safeguarding the Right to Practice: A Statement by 58 Chinese Lawyers, February 19, 2018.
Wang Quanzhang: The 709 Lawyer Not Heard From Since July 2015, January 15, 2018.
Another Human Rights Lawyer Targeted in Continuous Crackdown, November, 2017.
61-Year Old Human Rights Lawyer Criminally Detained in Shenyang, October, 2017.
Chinese original: 致司法部部长张军的一封公开信: 请终止对律师的运动式打压
Detention and Disbarment: China Continues Campaign Against Human Rights Lawyers in Wake of 709 Crackdown
China Change, January 24, 2018
On Monday evening the Guangzhou-based lawyer Sui Muqing (隋牧青) was notified by his law firm that government officials from the provincial Justice Department would inspect the firm the following morning and that Sui, in particular, must be present. He felt a nervous chill and began to suspect that his communications on a series of human rights cases he has represented had upset high-level officials.
On Tuesday morning (January 23), two officials from the Justice Department arrived, announcing on the spot that Sui’s law license had been revoked. The written announcement cited two incidents as cause of the punishment: that he disrupted court order while defending New Citizen Movement activists on April 8, 2014, by quitting the court in protest; and that he took photos of client Chen Yunfei (陈云飞) against regulations during a meeting.
Sui Muqing himself is one of the lawyers who has been detained and placed under “residential surveillance at a designated place” during the 709 Crackdown in 2015. He and his peers believe the government abruptly revoked his license because he has continued to represent rights lawyers since his release from secret detention in early 2016.
Over the past five years or so, lawyer Sui has defended freedom of expression, religious freedom, and other civil rights in scores of prominent political trials across China, including that of Guo Feixiong (郭飞雄), Ding Jiaxi (丁家喜), Wang Qingying (王清营), Wang Zang (王藏), Huang Wenxun (黄文勋), Chen Yunfei (陈云飞), Huang Qi (黄琦), and others.
Sui is known for his hard work and prolific communication about cases he takes on, and he rarely refrains from expressing his views on politics and the law. He’s also known for his hard-charging style in court. These, we believe, are the real reasons the government is disbarring him.
Sui said he would request a hearing to express his objections against the decision, though he knows it’s unlikely the government will reverse it.
The sudden disbarment marks a new development in a series of detentions and disbarments in recent months, and it appears to be part of a deliberate and determined campaign to remove and deter human rights lawyers.
Last week, on January 15, Beijing-based rights lawyer Yu Wensheng (余文生) was stripped of his license. He believes the decision was retaliation for an open letter he published last October calling the Party’s 19th Congress to impeach Xi Jinping. Yu was detained early Friday morning outside his apartment by a dozen police. Two days prior, he had published an open letter calling for the democratic election of Chinese leaders. In July 2017 he was forced out of his law firm, and attempts to open his own firm have been blocked.
In the same week, Shanghai-based lawyer Peng Yonghe (彭永和) lost his law license for demanding financial transparency from the Shanghai Lawyers Association and for a letter he was involved in calling for the crime of subversion of state power to be abolished.
In December, 2017, the Yunnan provincial Justice Department revoked the licenses of lawyers Wang Liqian (王理乾) and Wang Longde (王龙得). For years the two had fought hard for their right to meet clients under judicially-stipulated conditions. They also challenged the legitimacy of the local Lawyers Association, which amasses large fees from members but seldom defends their rights.
On October 31, 2017, lawyer Li Yuhan (李昱函), who represented 709 lawyer Wang Yu, was detained in Shenyang on unclear charges.
Also in October, another lawyer in Changsha, Wen Donghai (文东海) was placed “under investigation” for “seriously disrupting court order.” He also faces disbarment. Wen Donghai also represented Wang Yu, and Li and Wen visited Wang Yu in July 2017, providing the first update to the outside world on the first 709 detainee.
In September 2017, Shandong lawyer Zhu Shengwu (祝圣武)’s license was revoked for defending a man who made disparaging comments about Xi Jinping on WeChat.
Also in December 2017, by the recommendation of the Hangzhou Lawyers Association, lawyer Wu Youshui (吴有水) was given a nine month administrative penalty for online expressions that “belittle and attack the Communist Party and the socialist system, and negate the political, judicial and management mechanisms of lawyers stipulated by the constitution…”
In September, 2016, lawyer Li Jinxing (李金星) was suspended for one year for defending political prisoner Guo Feixiong.
Human rights lawyers across China are regularly summoned by provincial and local Justice Departments, who issue receive warnings and threats. The regime’s Justice Departments at all levels have an office that “manages” lawyers. Lawyers go through a mandatory annual review by the departments, which renew their licenses — a mechanism designed to keep lawyers on a short leash and ensure they submit to the state, lest they lose their livelihoods.
Lawyers associations are another tool that maintains tight control over lawyers: they are run by lawyers trusted by the government, and frequently recommend punishment for their colleagues who take on human rights cases.
In China two years after the 709 Crackdown, the legal climate has severely deteriorated; the government is determined to either root out human rights lawyers or force them into submission.
Chinese Minister of Justice Zhang Jun (张军) spoke at a national forum on lawyers in early January. He didn’t use the term “human rights lawyers,” but when he spoke of the “few bad ones,” they were who he meant: “punishment and criticism must be further carried out. We must proactively take measures against the few bad ones in the legal profession, using it as an example for others and maintaining the overall interest and image of the profession. In this regard, some of our lawyers associations and Justice Departments have not done a good job.”
He emphasized that lawyers must be subject to the leadership of the Party, and support “the socialist system.”
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.