Prime Minister of the People’s Republic of China
The State Council General Office
2 Fuyouije, Xichengqu
Beijingshi 100017
People’s Republic of China

14 August 2008

Dear Prime Minister,

RE: Treatment of lawyers in China

We are writing you on behalf of the International Bar Association’s Human Rights Institute (IBAHRI) to express our concern about the treatment of several lawyers and other practitioners involved in human rights work in China. The IBAHRI wrote to the Chinese authorities concerning the well-being of lawyer Mr Gao Zhisheng in November 2006 and October 2007, however there has been no response.

In its role as a dual membership organisation, comprising 30,000 individual lawyers and over 195 Bar Associations and Law Societies, the International Bar Association (IBA) influences development of international law reform and shapes the future of the legal profession. Its Member Organisations cover all continents. The Human Rights Institute works across the association, helping to promote, protect and enforce human rights under a just rule of law, and to preserve the independence of the judiciary and the legal profession worldwide.

The IBAHRI has received a number of reports indicating that several lawyers in China are facing harassment, intimidation, unlawful detention, physical assault and, furthermore, have had their licences to practice law revoked as a result of their professional activities.

Firstly, we are concerned following reports of threats made towards civil rights lawyers by the Ministry of Justice during 2008.  18 prominent civil rights lawyers apparently issued an open letter offering to provide legal assistance to Tibetans, and the Ministry of Justice reportedly responded by immediately threatening disciplinary sanctions and the delayed renewal of  professional licenses.  In addition, Beijing judicial authorities allegedly summoned individual lawyers and heads of law firms, instructing them not to get involved in Tibetan issues which were deemed “sensitive cases.” 

The authorities reportedly refused to renew the professional licenses of Mr Teng Biao and Mr Jiang Tianyong.  Though Mr Jiang Tianyoung’s license was reportedly renewed at the end of June, we are concerned to receive reports that Mr Teng Biao’s has still not been renewed, thereby preventing him from taking on legal cases. In addition, we received reports that in the past Mr Teng Biao has been harrassed on a number of occasions in connection with his cases, including reports of Mr Teng Biao being beaten, prevented from leaving his home, having his email accounts hacked into and, on one occasion in March, he was reportedly abducted. 

Secondly, we have also received reports that Mr Li Heping, a rights-defence lawyer based in Beijing, and Mr Zheng Enchong, a lawyer based in Shanghai, have been arrested and assaulted. Mr Li was reportedly kidnapped and tortured with electric rods in a basement outside Beijing on 29 September 2007 and was afterwards dumped in the woods by a group of unidentified men. We have also heard that Mr Zheng was sentenced to three years imprisonment after he contacted an overseas human rights group about a property dispute. Since Mr Zheng was released, we have heard that his family has been constantly harassed and allegedly assaulted by the police. We understand that both Mr Li and Mr Zheng have been deprived of their licence to practice law.

Third, we have heard that another lawyer, Mr Chen Guangcheng, filed a lawsuit against the city of Linyi over a policy of forced abortions and sterilisations. In March 2006, we understand that Mr Chen was taken into custody and not given access to his lawyer, Mr Li Jinsong. We have heard reports that, during the preparations for the case, Mr Li was repeatedly harassed. Mr Xu Zhiyong, a lawyer who later replaced Mr Li in the defence of Mr Chen was also allegedly assaulted several times and was then kept into custody until the trial was concluded. We understand that Mr Chen is now serving a four year prison sentence, during which he has reported abuse and has not been able to see his family.

Finally, reports received by the IBAHRI suggest that Mr Li Baiguang, former university professor, was detained and assaulted in December 2004, after bringing a legal action against the government on behalf of 100,000 peasants seeking damages from forced land evictions. Also, the lawyer and human rights activist Mr Guo Feixiong, who provided advice in late 2005 to Taishi villagers in their attempt to remove their village chief, is currently serving a five year prison sentence, reportedly as a result of these efforts.  We understand that he was harassed and assaulted prior to this detention.  

These cases cause us concern that China may not be observing its international and domestic obligations to protect lawyers.

We would like to draw your attention to articles 33 and 35 of the Constitution of the People’s Republic of China. Article 33 states that ‘The State respects and preserves human rights’. Article 35 provides that ‘Citizens of the People’s Republic of China enjoy free of speech, of the press, of assembly, of association, of procession and of demonstration’.

We would also like to remind you of the Laws of the People’s Republic of China on lawyers. Article 2 of this law states that ‘Lawful actions by lawyers shall be protected by law’. Further, article 32 emphasises that ‘The lawyer’s right of the person shall not be violated’.

Finally, we would like to remind you of the United Nations Basic Principles on the Rule of Law which provides standards by which lawyers worldwide should be treated. According to principle 16, ‘governments shall ensure that lawyers are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference’. Furthermore, principle 18 emphasises that ‘lawyers shall not be identified with their clients or their clients’ causes as a result of discharging their functions’. Under principle 23, ‘lawyers like other citizens are entitled to freedom of expression, belief, association and assembly’, and ‘they shall have the right to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights’.

We would request that the Government reveals any information it has regarding the whereabouts of Mr Gao Zhiseng immediately and the details of any lawful charge against him. We would like to receive your assurances that the cases being held in the detention are promptly investigated and that, if the detention is found to be arbitrary, the detainees are immediately released. Furthermore, we request that urgent medical attention should be made immediately available to all detainees if required.  We call for a full investigation into the reports of harrassment and revoked licenses of lawyers, and if inappropriate activity or malpractice is found to have taken place, necessary action is immediately taken.  

The IBAHRI urges the Chinese authorities to ensure that human rights defenders and lawyers can carry out their peaceful and legitimate professional and personal activities without fear of arbitrary detention, torture or ill-treatment, or other human rights violations, in compliance with internationally recognised rights standards.  We look forward to your urgent response.

Yours sincerely,

Richard Goldstone
Emilio Cárdenas
Co-chairs of the International Bar Association's Human Rights Institute

cc. President Hu Jintao, People's Republic of China 
Wu Aiying Buzhang, Minister of Justice of the People's Republic of China
Mrs Fu Ying, Embassy of the People's Republic of China