China: Targeting of defence lawyers
Wen Jiabao Guojia Zongli
Prime Minister of the People's Republic of China
The State Council General Office
2 Fuyoujie, Xichengqu
Beijingshi 100017
People's Republic of China
19 June 2009
Dear Prime Minister
Re: Targeting of defence lawyers
We are writing from the International Bar Association’s Human Rights Institute concerning a number of actions which suppress the professional activities of defense lawyers.
As you are aware, the International Bar Association’s Human Rights Institute (IBAHRI) works to promote, protect and enforce human rights under a just rule of law. We believe in the fundamental right of the world’s citizens to have disputes heard and determined by an independent judiciary, and for the judges and lawyers to be able to practice freely without interference.
We are concerned by a number of reports which suggest that Chinese rights defence lawyers are being targeted by State officials. We understand that at least 16 lawyers did not receive their annual licensing inspection and registration approval from the Lawyers Association in their localities, resulting in them being unable to continue to practice law. Reports suggest that at least three firms were also denied the approval, which directly affects the more than 30 lawyers employed by these those firms. These firms are understood to have failed the inspection because of the advocacy work of some of the clients they represent. We understand that both the individual lawyers and the firms supported causes such as the direct elections of representatives of the Lawyers Association; advocacy for lowering the annual lawyer’s registration fee; representation of cases involving Falun Gong, HIV/AIDS, peasants who have lost land, the tainted milk powder scandal, Re-education-Through-Labor, house churches, and forced evictions.
Furthermore, we have received reports regarding the arrest, detention or disappearance of some lawyers who did not pass the annual inspection. Reports suggest, for example, that Tang Jitian from Beijing was forcibly taken away by five policemen from the Haidian Branch Office of the Beijing Public Security Bureau on 4 June 2009, and released four days later. Lawyers Jiang Tianyong, Li Heping, Li Xiongbing, Li Fangping, Lan Zhixue, and Pu Zhiqiang, were reportedly put under surveillance from 4 -7 June 2009, and were required to take police cars when they left their homes. Another lawyer, Zhang Kai, apparently passed this year’s annual inspection, however was subsequently asked by his law firm to leave without explanation.
We are concerned that these latest developments show a concerted action by the authorities to suppress the rights defence lawyers due to their affiliation with politically sensitive cases. Please refer to previous letters sent from the IBAHRI concerning cases in which lawyers have been targeted for carrying out their professional activities, such as the letters written in February and April this year. Ongoing targeting, harassment and hindrances to the practice of lawyers undermine the rule of law in China and are a serious contravention of international and domestic human rights standards.
We would once again like to draw your attention to articles 33 and 35 of the Constitution of the People’s Republic of China, and article 2 and 32 of the Laws of the People’s Republic of China on lawyers, which protect the actions of lawyers guarantee their right not to be violated. Further, principle 16 of the United Nations Basic Principles on the Role of Lawyers outlines the protections governments should give to lawyers to allow them to perform their professional functions without intimidation, hindrance, harassment or improper interference, and principle 23 guarantees lawyers rights to freedom of expression, belief, association and assembly.
We urge Chinese authorities to allow defence lawyers to continue practising law, and either immediately issue the annual licensing inspection and registration approval or provide a valid reason for not doing so. Lawyers and law firms must be allowed to conduct their professional activities, representing all manner of cases, without fear of threat, harassment or professional demise. We further call for a full investigation into the above allegations relating to violations of individual lawyers’ security, and for all measures to be taken to ensure their future security.
We look forward to your response.
Yours sincerely,
Justice Richard Goldstone
Martin Šolc
IBAHRI Co-Chairs
cc.
President Hu Jintao
People's Republic of China
Zhongnanhai, Xichengqu, Beijing
People's Republic of China
Ministry of Justice of the People’s Republic of China
Minister Wu Aiying
No. 10 Nandajie, Chaoyangmen
Beijing, People’s Republic of China, Postal code: 100020
Fax: +86 (010) 84772883
minister@legalinfo.gov.cn
Beijing Lawyers Association
Director Zhang Xuebin
East Associates (Beijing)
Landmark Tower 2, 19th Fl., 8 N. Dongsanhuan Rd.
Beijing, 100004, People’s Republic of China
Fax: (8610) 6590 6650 and 51
hz@bmla.org.cn
Yu Ning
Secretary General
All-China Lawyers Association
602 Kailong Building
No.2 Chaoyangmenneibei Street
Dongcheng District, Chaoyang District
Beijing, People’s Republic of China, Postal code: 100700
Fax: +86 (010) 64049539
jurisino@jurisino.com, business@acla.org.cn
HE Mrs Fu Ying
Embassy of the People's Republic of China
49–51 Portland Place
London W1B 4JL, UK