China/Germany: German legal profession criticises trial against Chinese human rights defender and lawyer Xie Yang

May 10, 2017

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The German Federal Bar (BRAK) and the German Bar Association (DAV) have voiced criticism with respect to the trial against Chinese human rights defender and lawyer Xie Yang. The trial raises serious concerns as to its conformity with international standards of rule of law.

„It is not in accordance with standards of rule of law to start the main hearing of criminal proceedings directly following the assignment of a defence lawyer to Xie Yang. This is rendering proper criminal defence almost impossible“, says the DAV President, Rechtsanwalt und Notar Ulrich Schellenberg. The human rights defender and lawyer Xie Yang had been detained since summer 2015. On Monday, the trial’s main hearing has been started in Changsha, in the central province of Hunan, China. Xie Yang is indicted for “inciting subversion of state power”. After his defence lawyer has been arrested just before the main hearing taking place, the court appointed an official-defence counsel for him.

„We have considerable reason to believe that Xie Yang’s case is used for providing a cautionary example. It is an unsettling coincidence to see the trial starting just now“, summarises the President of the German Federal Bar, Ekkehart Schäfer.

Currently, delegations of the German Federal Bar and the German Bar Association are staying in China on the occasion of the Sino-German Dialogue on the Rule of Law. This dialogue format is based on an agreement signed by both the Chinese and German government in 2000 and is serving the mutual exchange and co-operation in matters pertaining to law. ___________________________________________________________________________

Please contact for comments or further questions: Press spokesman Swen Walentowski, Tel.: +49 (0)30 726152-129, Office: Manja Jungnickel, Tel.: +49 (0)30 726152-139, Katrin Schläfke, Tel.: +49 (0)30 726152-149, Fax: +49 (0)30 726152-193.

https://anwaltverein.de/de/newsroom/pm-5-17-anwaltschaft-kritisiert-prozess-gegen-chinesischen-menschenrechtsanwalt-xie-yang (DEUTSCHE)

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