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February 19, 2018
On July 9, 2015, in the mass arrest of Chinese human rights lawyers and defenders known as the “709 Crackdown,” the security authorities used “residential surveillance at a designated place” (指定居所监视居住), a disguised form of secret detention, to detain lawyers. They denied family the ability to hire their own counsel, conducted secret trials, and violated the principle of “innocent until proven guilty” by forcing prisoners to plead guilt in video recordings for state media before trial. This campaign-style (运动式) suppression has engendered panic and backlash domestically, and led to widespread censure from the international community.
The lessons of the 709 mass arrests are deep. The rising prominence of human rights lawyers was, in the first place, a wonderful opportunity for the government to reflect on the value of lawyers for the rule of law and their role in improving social governance. But now, lawyers are arrested or disbarred on the slightest pretext, and their rights to practice and have a job are increasingly infringed upon.
On January 15, 2018, Yu Wensheng (余文生), defense counsel for 709 lawyer Wang Quanzhang (王全璋), was disbarred from practicing law by the Beijing Municipal Justice Bureau. On the morning of January 19, Yu, while taking his child to school, was criminally detained by public security agents from Shijingshan district, Beijing, on charges of “obstructing an officer in discharge of duties.” On January 27, Yu Wensheng was placed under “residential surveillance at a designated place” by the Xuzhou municipal public security bureau in Jiangsu province, on suspicion of “inciting subversion of state power.”
On January 22, 2018, 709 crackdown target Sui Muqing (隋牧青) received an “Advance Notice of Administrative Punishment” (《行政处罚预先告知书》) from Guangdong provincial judicial authorities, informing him that he was going to lose his law license. After he lodged the appropriate application, Sui was granted a hearing with the provincial judicial bureau on February 3. After the hearing, his license was indeed rescinded.
On the heels of Sui Muqing’s disbarment, the news arrived that Beijing’s judicial bureau had rescinded the registration of Beijing Wu Tian Law Firm (北京悟天律师事务所), a boutique law firm run by lawyer Cheng Hai (程海).
A series of similar disbarments has taken place recently, including:
- In December 2017, Wang Liqian (王理乾) and Wang Longde (王龙德) in Yunnan having their law licenses revoked.
- Also in December 2017, Zhejiang lawyer Wu Youshui (吴有水) being suspended from legal practice for nine months based on public statements he made that the authorities didn’t like.
- In October 2017, 709 defense lawyer Li Yuhan (李昱函) being charged with “picking quarrels and provoking trouble” and detained in the Shenyang detention center.
- In September 2017 Zhu Shengwu (祝圣武), the lawyer defending Wang Jiangfeng (王江峰), who was charged with making political statements on Weibo, had his law license revoked.
- Also during 2017, the Shanghai lawyer Peng Yonghe (彭永和) resigned from the Shanghai Municipal Lawyer’s Association, because the Association refused to defend the rights of lawyers. Currently Peng faces the revocation of his own legal license.
Lawyers are an important component of the rule of law in China. Punishing lawyers for defending human rights is punishing the rule of law, rights, and order. The construction of an orderly, rational, and stable modern state requires the proactive involvement of lawyers. A society that sees lawyers as its enemy will inevitably fall into chaos and social unrest. Tragedies like the Cultural Revolution could easily recur.
For these reasons, we strongly call upon the judicial organs to be civilized and reasonable — immediately release the detained lawyers, respect and protect the professional rights of lawyers and the basic rights of other citizens, re-examine the recent spate of disbarments of lawyers and law firm licenses, and resolve in a proper manner the new problems that have arisen in social management. Don’t deliberately create conflict and opposition; instead, cooperate in advancing and nurturing the rule of law in China.
Contact address: email@example.com
- Liu Wei (刘巍), Beijing
- Wu Kuiming (吴魁明), Guangdong
- Liu Shihui (刘士辉), Guangdong
- Tang Jitian (唐吉田), Beijing
- Chang Boyang (常伯阳), Henan
- Wang Qiushi (王秋实), Heilongjiang
- Liang Xiaojun (梁小军), Beijing
- Wang Qingpeng (王清鹏), Hebei
- Wang Lei (王磊)
- Liu Shuqing (刘书庆), Shandong
- Shu Xiangxin (舒向新), Shandong
- Lu Fangzhi (吕方芝), Hunan
- Qin Chenshou (覃臣寿), Guangxi
- Chen Jinxue (陈进学), Guangdong
- Huang Hanzhong (黄汉中), Beijing
- Wen Donghai (文东海), Hunan
- Li Weida (李威达), Hebei
- Zhong Jinhua (钟锦化), Shanghai
- Lin Qilei (蔺其磊), Beijing
- Qu Yuan (瞿远), Sichuan
- He Wei (何伟), Chongqing
- Li Fangping (李方平), Beijing
- Tong Zhaoping (童朝平), Beijing
- Chen Yixuan (陈以轩), Hunan
- Yu Quan (于全), Sichuan
- Li Yongheng (李永恒), Shandong
- Ma Lianshun (马连顺), Henan
- Zhang Chongshi (张重实), Hunan
- Zou Lihui (邹丽惠), Fujian
- Lu Tinge (卢廷阁), Hebei
- Chen Jinhua (陈金华), Hunan
- Ren Quanniu (任全牛), Henan
- Luo Qian (罗茜), Hunan
- Li Jinxing (李金星), Shandong
- Wang Yu (王宇), Beijing
- Zeng Yi (曾义), Yunnan
- Meng Meng (孟猛), Henan
- Xu Hongwei (徐红卫), Shandong
- Ji Zhongjiu (纪中久), Zhejiang
- Liu Zhengqing (刘正清), Guangdong
- Ge Wenxiu (葛文秀), Guangdong
- Tan Yongpei (覃永沛), Guangxi
- Wang Zhenjiang (王振江), Shandong
- Wen Haibo (温海波), Beijing
- Teng Biao (滕彪), Beijing
- Jin Guanghong (金光鸿), Beijing
- Jiang Yuanmin (蒋援民), Guangdong
- Bao Longjun (包龙军), Beijing
- Xu Guijuan (许桂娟), Shandong
- Zheng Enchong (郑恩宠), Shanghai
- Chen Jiahong (陈家鸿), Guangxi
- Xiao Guozhen (肖国珍), Beijing
- Peng Yongfeng (彭永锋), Hebei
- Zhu Shengwu (祝圣武), Shandong
- Cheng Hai (程海), Beijing
- Cheng Weishan (程为善), Jiangsu
- Lu Siwei (卢思位), Sichuan
- Huang Zhiqiang (黄志强), Zhejiang
Detention and Disbarment: China Continues Campaign Against Human Rights Lawyers in Wake of 709 Crackdown, China Change, January, 2018.
Wang Quanzhang: The 709 Lawyer Not Heard From Since July 2015, January 15, 2018.
61-Year Old Human Rights Lawyer Criminally Detained in Shenyang, China Change, October 31, 2017.
Little-Known Chinese Lawyer Disbarred for Defending Freedom of Speech, October 3, 2017.
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.