Tag Archives: China

China: Chinese Human Rights Attorney Formally Arrested For ‘Subversion’

April 20, 2018

File photo of lawyer Yu Wensheng, who had taken up politically sensitive human rights cases and was taken away from his Beijing home by around a dozen police officers on Jan. 19, 2017.

Authorities in the eastern Chinese province of Jiangsu have formally arrested human rights lawyer Yu Wensheng on subversion charges after holding him with no access to family visits or lawyers for more than two months, his wife said on Friday.

Yu, who is being held incommunicado by authorities in Jiangsu’s Xuzhou city, was formally arrested for “incitement to subvert state power” and “obstruction of officials in the course of their duty,” the arrest notice approved by the Xuzhou municipal state prosecutor said.

Yu’s lawyer said the move makes it likely that the case will now proceed to trial.

But his wife Xu Yan said she is still being prevented from transferring money for her husband to spend in the detention center.

“I went down yet again to the Tongshan district police department in Xuzhou, and an officer from the Xuzhou municipal police department handed me a notification of arrest,” Xu told RFA.

According to the document, Yu is currently being held in the Xuzhou Detention Center, and the case is being handled by the city police department, she said.

“Then I went to the Xuzhou Detention Center to deposit money for him, but there was nobody on duty in the afternoon, so I can’t do it until Monday now,” she said, adding: “I have already spoken to both of his lawyers, who are talking about how best to proceed.”






China: Disbarment, Suspension and Harassment: Outcast Lawyers in China

March 30, 2018

JURIST Guest Columnist Patrick Poon, a China researcher at Amnesty International, discusses the tactics used by Chinese authorities to keep lawyers from changing the political and social environment…

human rights lawyers

When Sui Muqing became a lawyer in 1993, he couldn’t imagine that 25 years later he would become a “post-lawyer” (lvshihou), a self-deprecating term often used by lawyers in China who have been stripped of their license to practice.

The authorities accused Sui Muqing of confronting a trial judge and separately of taking a picture of his client, dissident writer Chen Yunfei, when visiting him in detention. This was enough for the Guangdong Provincial Department of Justice to formally revoke his license, after a heavily guarded hearing in early February this year.

However, it is more likely the authorities’ motivation was to neuter a vocal and effective human rights lawyer. A thorn in the side of the government, Sui Muqing defended many activists and victims of human rights abuses, including representing high-profile human rights defenders like Guangdong activists Guo Feixiong and Wang Qingying and Falun Gong practitioners. Together with other lawyers, he had written statements on the difficulties for lawyers in sensitive cases, ranging from not being allowed to meet clients to challenges in defending their clients in court.











China: Guards Beat Friends Who Brought Food to Disappeared Chinese Rights Lawyer’s Wife

April 12, 2018

Beijing activist Li Meiqing rests in bed after suffering a caudal bone fracture from beatings by Chinese security officials as she and others tried to deliver food to Li Wenzu, wife of disappeared human rights lawyer Wang Quanzhang, April 12, 2018.

The wife of “disappeared” human rights lawyer Wang Quanzhang has been released from house arrest after growing pressure from overseas activists, she told RFA on Thursday.

Earlier this week, police in Beijing prevented Wang’s wife Li Wenzu from finishing her planned 120 kilometer (60-mile) trek from the capital to neighboring Tianjin to highlight Wang’s disappearance.

Li was confined to her home, while dozens of security guards, officials and state security police stood guard over the building, beating up friends and fellow activists who tried to visit her.

The surveillance detail decamped on Thursday, leaving her free to go out again, she said.

“I have been able to move around freely since this morning,” Li told RFA. “I have my freedom back, for now, anyway.”

She said a friend had already been to her home to visit her.

“She told me there wasn’t anyone watching me downstairs any more,” she said. “I want … to thank everyone for their concern over Wang Quanzhang’s situation, which I think has been enormously helpful.”

“They may have stopped us from continuing the march, but I haven’t decided what I am going to do next yet,” she said. “But I definitely won’t stop speaking out … for as long as Wang Quanzhang doesn’t come home and the authorities fail to deal with his case according to law.”





















China: Demanding the Dismissal of Zhang Jun as Minister of Justice

March 9, 2018

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Chinese Citizens’ Proposition to Monitor
—–Demanding the dismissal of Zhang Jun, Minister of Justice

8 March 2018

To all representatives of the 13th National People’s Congress,

As the Congress convenes for the first time under the current office term, and upon our aspirations for the building of a civilized nation with rule of law, with our apprehension towards the damages made for many years on our lawyering system and our foundation of rule of law by the Ministry of Justice, we solemnly submit to you, members of the Congress, the following request, made also upon our anxiety that as Chinese citizens, we might one day become parties in need of lawyers but could no longer find anyone genuinely responsible:

— Remove Zhang Jun from his duties as the Minister of Justice

Our reasons are as follows:

I. He follows the draconian laws and has stayed impenitent about the encroachment on the Constitution and the law
Ever since Wu Aiying took charge of the Ministry of Justice, she forced through the making of 5 departmental regulations that seriously infringe the Constitution and the laws and has persistently and extensively jeopardised the proper implementation of the law. The respective regulations are:

(1) Measures on the Administration of Law Firms (revised 2016, Order of the Ministry of Justice No.133);

(2) Measures on the Administration of the Lawyers Practice (revised 2016, Order of the Ministry of Justice No.134);

(3) Measures for the Annual Inspection and Evaluation of Law Firms (2010, Order of the Ministry of Justice No.121)

(4) Measures for the Administration of the Practise Licence of Lawyers and Law Firms, article 12 (2009, Order of the Ministry of Justice No.119);

(5) Articles 19 & 31, Measures for Punishing the Illegal Acts of Lawyers and Law Firms (2010; Order of the Ministry of Justice No. 122)

The above regulations and articles contravene with the Constitution and the law. They strictly restrain lawyers’ freedom of speech and their rights to comment on, and make recommendations for, state organs and their workers. They arbitrarily added for the lawyers and law firms obligations that are beyond the law. The All China Lawyers Association and the administrative departments of the judiciary at the provincial level across the country have gone further to issue normative documents that dictate the approval and reporting mechanism for lawyers who take up “mass cases” and “grave and sensitive” cases.

They have also made the payment of the membership fees to lawyers associations and the handling of sensitive and mass cases part of the indictors for annual inspection and evaluation. There has been no attempt to hide how power can be abused for self-interest. The payment of membership fees for the lawyers association is hooked up with the annual inspection system for recognition and “legitimacy. All these have become the authority’s ultimate weapons to control and repress the “unaccommodating” lawyers and law firms.

The regulatory rules above-noted have seriously violated not only the national laws. They also seriously contravene the norms set forth in the human rights doctrines such as the UN Basic Principles on the Roles of Lawyers. (See “Chinese Citizens’ Submission to dismiss Wu Aiying, Minister of Justice – Wu is suspicious of committing the crime of malfeasances, 罢免吴爱英司法部长职务公民监督建议书Chinese only)

Since he took up the position as the Minister of Justice in 2017, Zhang Jun has not been able to get rid of or repeal the unconstitutional and unlawful regulations, normative doctrines as well as those that breach the State Council’s administrative regulations, all issued within the 12 years when Wu was in charge of the Ministry of Justice. Instead of weeding the harms that Wu left on the lawyering system, Zhang has remained impenitent with no regard for public opinion. He daringly contravenes the Constitution and the laws in the pursuance of those regulations.

II. He abuses his position and power to intensify the
repression on rights lawyers

As the Minister of Justice, Zhang Jun has no reverence for the Constitution and the laws nor has he any compassion for lawyers. Conceited and arrogant, he constantly instigated suppression that goes beyond the legal boundary.

(1) When the Li Zhuang case of fabricated evidence was exposed in early 2009, amidst the Anti-Triad Campaigns in Chongqing, any legal professional who paid attention was able to see the flaws in the case. However, instead of examining the legal black holes therein, Zhang Jun embellished the campaign in his role as then deputy president of the Supreme Court. In a seminar on Criminal Trials convened in Chongqing on 10 May 2011 for judges across the country, Zhang extended his fulsome praises for Bo Xilai’s campaign of “Sing Red, Attack Black/ Triad”.

(2) The “Little River case” is well-known in the legal community. The attack on lawyers’ “disruption of court order” has also its origin from Zhang Jun. Clashes in court trial have existed for long. The Housemaid case in Hangzhou became a classic example when its lawyer Dang Linshan decided to withdraw from the court trail as a protest. When Zhang Jun was in charge of drafting the Supreme Court’s Judicial Explanations, he attempted to have the rules set for lawyers “disrupting court order” to be penalised by one-year suspension of practice. He did not succeed as a result of the strong objection to his self-assumed power to penalise.

(3) Since the second half of 2017 in particular, Zhang has adopted campaign-style tactics to persecute the lawyers disregarding the Constitution and the laws. Under the concerted manoeuvres of Zhang, the judicial administrative organs and the lawyers associations at various levels have been waving their big stick. They enforce meetings with lawyers, issue intimidation, secret inquiry, file cases against them and exert penalties. Within the span of about 6 months, more than a dozen of lawyers who had been out-spoken and well-respected in the profession were investigated, punished and pestered on completely unsubstantiated grounds and to the extent that they could no longer practise. Several law firms and some other lawyers have also encountered different kinds of harassments, retaliation, enforced rectification and licence cancellation.

Including but not limiting to the following lawyers and those who wish to apply for a practice certificate are:

(1) Lawyers Zhu Shengwu and Wu Youshui, respectively from Shandong and Zhejiang have had their lawyer licences revoked or suspended simply because they had exercised their freedom of speech, by posting on weibo criticisms that were meant to monitor state organs and their staff members.

(2) Similarly, when lawyers Li Jinxing from Shandong, Sui Muqing and Dang Linshan from Guangdong, Wen Donghai and Yang Jinzhu from Hunan strived to resist the court’s aggression while handling the so-called “sensitive cases”, they all were smeared or penalised by having their licences revoked or investigations filed against them on the pretext that they had disrupted court order.

(3) Lawyers Wang Liqian and Wang Longde from Yunan as well as Peng Yonghe from Shanghai had previously announced their withdrawal from all level of lawyers associations. Both Wang Liqian and Wang Longde have had their licences revoked as a result. As for Peng Yonghe, he was firstly dismissed by his law firm and subsequently encountered a lot of hassles in his various attempts to find a new firm. He still cannot practise up to this date.

(4) As a result of their involvement in the case of Wang Quanzhang, and their submissions to the authorities calling on good governance, Beijing lawyers Yu Wensheng and Cheng Hai were both taken revenged of, either with the lawyer’s or the law firm’s licence forcefully cancelled.

(5) In Guangzhou, Shi Ping fails to obtain a licence for trainee lawyer because the investigation which the public security departments have launched against him but on a groundless accusation is said to be unfinished.

In all fairness, the lawyers named here above might look radical in a country where genuine rule of law reigns. But in where human rights cases are frequent and access to justice is rare, what they did and said have neatly demonstrated that they are truly responsible lawyers. In the current times, these lawyers can never be too many. They are rare.

That the judicial administrative departments have been blatant in revenging and framing the lawyers with law-breaking tactics throughout the whole campaign-style repression, covering the stages of case filing, investigation, public hearing and the decision-making for a penalty, is particularly excruciating.

Shi Ping, Wang Liqian, Peng Yonghe, Chen Jiahong and Zhu Shengwu took reference of their own experiences and on 1 March 2018, they sent to the attention of Zhang Jun an open letter entitled “Stop the Campaign-Style Repression on Lawyers”. Therein elucidated were the dangers and violations involved in such manoeuvres for persecution. 《请终止对律师的运动式打压》 (Chinese only)

III. It is necessary to subscribe to the rule of law and remove the potential threat for justice

Article 41 of our Constitution stipulates that “Citizens have the right to criticize and make suggestions regarding any State organ or functionary. Citizens have the right to make to relevant State organs complaints or charges against, or exposures of, any State organ or functionary for violation of law or dereliction of duty” and in article 5, that “All acts in violation of the Constitution or other laws must be investigated. No organization or individual is privileged to be beyond the Constitution or other laws.”

We believe that in where rule in accordance to the law is promoted by the State, Zhang Jun should have known well the need for him to be a role model to abide by the Constitution and the law. He however has obstinately continued to implement those unconstitutional and unlawful rules and regulations which target the lawyers and were issued by Wu Aiying. He has also instigated the campaign-style persecution against the lawyers, and has thereby, seriously undermined the authority of the Constitution and the law. While made on the pretext of protecting the “rule of law”, the strikes on lawyers are in fact functioning to unscrupulously ruin it. The results will be detrimental not only to the development of the lawyers’ profession but also to the rights of the citizens. Zhang’s maneouvres have instigated the expansion of reckless power, evoked the evil ethos of the Cultural Revolution and paved the path for the turbulent times to loom.

Basing on the above and pursuant to articles 63, 67 of the Constitution and article 80 of the Law on Legislation, we hereby submit to all members of the Congress our proposition for the dismissal aforesaid.

For co-signatures, please write to: lvshilianshu@gmail.com

Co-signatories as of 8 March 2018 (1st batch)

1. Wang Liqian, Kunming ,Yunan 138 0872 1160 (王理乾 云南 昆明)
2. Shi Ping, Guangzhou, Guangdong 135 9807 0847 (施平 广东广州)
3. Ji Yuan, Hengyang, Hunan 137 8938 8964 (姬原 湖南衡阳)
4. Bao Longjun Inner Mongolia 186 9807 1701 (包龙军 内蒙古)
5. Sui Muqing Guangzhou 137 1112 4956 (隋牧青 广州)
6. Cui Fangzhen, Shenyang Liaoning 133 7282 3681 (崔方振 辽宁沈阳)
7. Zeng Rongkang, Chengdu 139 8091 6982 (曾荣康 成都)
8. Chi Shengyan, Enshi, Wubei 134 7726 3397 (池盛言 湖北恩施)
9. Guo Dasheng, Zhuzhou Hunan 189 7332 9558 (郭大圣 湖南株洲)
10. Li Songyang, Henan 132 9096 2668 (李松阳 河南)

11. Xu Peiling, Shanghai 181 2143 9381 (徐佩玲 上海)
12. Zheng Peipei, Shanghai 021 5396 3826 (郑培培 上海)
13. Tan Lanying, Shanghai citizen 189 6433 3123 (谈兰英 上海公民)
14. Wang Baomei , Shanghai citizen 131 6257 0786 (王宝妹 上海公民)
15. Qiu Bei, Shanghai 186 1634 9160 (邱蓓 上海)
16. Chen Chongjin, Fuzhou, Fujian 132 0591 1080 (陈崇金 福建福州)
17. Luo Kaiwen, Sichuan 152 2883 3438 (罗开文 四川)
18. Li Tinghui, Sichuan 139 8042 8916 (李廷惠 四川)
19. Zhang Zuocheng, Sichuan 137 3038 1951 (张作成 四川)
20. Xiong Kejin, Sichuan 158 2826 7056 (熊克金 四川)

21. Deng Pinfang, Sichuan 158 8455 4531 (邓品芳 四川)
22. Wei Xiaobing, Sichuan 138 2894 2488 (卫小兵 四川)
23. Zhang Jian, Shanghai 135 8553 4913 (张建 上海)
24. Xiao Fuping, Hunan 155 7430 1202 (萧伏平 湖南)
25. Wu Suyun, Sichuan 130 9446 4989 (武素云 四川)
26. Peng Tianhui, Sichuan 136 4802 7163 (彭天惠 四川)
27. Yuan Xiangrong, Sichuan 159 8283 0513 (袁香蓉 四川)
28. Wu Guohua , Sichuan 136 0805 9264 (吴国华 四川)
29. Li Li, Sichuan 187 8359 6672 (李 励 四川)
30. Sun Jiang, Hunan 133 1951 9025 (孙 强 湖南)
31. He Dezhong, Sichuan (贺德忠 四川)
32. Chen Guang, Fujian 136 9686 6639 (陈光 福建)
33. Wu Zhigang, Shanxi 139 9486 8964 (武志刚 山西)
34. Huang Wenzhong, Fujian 138 0857 7770 (黄文忠 福建)
35. Cao Huping, Jiangsu 138 0908 6548 (曹胡萍 江苏)
36. Xu Qinghua, Jiangsu 139 0512 8288 (徐庆华 江苏)
37. Wang Zhigang, Hebei 131 7197 8996 (王志刚 河北)
38. Zhuang Lei, Fuzhou Fujian 131 0768 6333 (庄磊 福建福州)
39. Liang Baiduan, Fuzhou Fujian 134 8991 8432 (粱白端 福建福州)
40. Zhang Lifang, Ningde Fujian 188 0500 2636 (张丽芳 福建宁德)

41. He Zongwan, Fuqing Fujian 189 6080 9453 (何宗旺 福建福清)
42. Xie Xiaozhen, Fuzhou Fujian 137 9991 7031 (谢小珍 福建福州)
43. Lin Yingjiang, Fuzhou Fujian 187 5918 4806 (林应强 福建福州)
44. Liu Xinglian, Chinese citizen, Hainan 131 7898 5270 (中国公民 刘兴联 海南)
45. Tong Wenjie, citizen Changde Hunan 135 7590 4952 (童文杰 湖南公民 常德)
46. Ma Yongtao, Chinese citizen, Hebei 316 8617 9556 (中国公民 马永涛 河北)
47. Chen Jianfang, citizen Shanghai 150 2651 6445 (中国上海公民 陈建芳)
48. Xie Wenkai, Tongchuan Shannxi 139 9294 2382 (谢文凯 陕西铜川)
49. Zhang Yongning, Chinese citizen 138 9518 6790 (中国公民 张永宁)
50. Zhang Jiarui, Chinese citizen in San Francisco USA
+1 62 6541 5832 (中国公民 张家瑞,美国旧金山)

51. Guo Run Zhai , Henan 137 8254 4225 (郭润斋 河南)
52. Cheng Hai, lawyer, Beijing 189 1053 5236 (程海 北京律师)
53. Zou Lihui, lawyer, Fujian 133 3828 3186 (邹丽惠 福建律师)
54. Peng Yonghe, lawyer, Shanghai 138 1635 3773 (彭永和 上海律师)
55. Chang Boyang, lawyer, Henan 188 3718 3338 (常伯阳 河南律师)
56. Yang Qiuhong, citizen, Guangxi (杨秋红 广西公民)
57. Lu Caixin, citizen, Guangxi (陆彩新 广西公民)
58. Lu Caihua, citizen, Guangxi (陆彩华 广西公民)
59. Qing Meilan, citizen, Guangxi (覃梅兰 广西公民)
60. Huang cuihua, citizen,Guangxi (黄翠花 广西公民)

61. Huang Qinghong, citizen, Guangxi (黄庆洪 广西公民)
62. Wei Limin, citizen, Guangxi (韦丽民 广西公民)
63. Wei Jinde, citizen, Guangxi (韦锦德 广西公民)
64. Huang Shiqi, citizen, Guangxi (黄十七 广西公民)
65. Meng Jinde, Guangxi (蒙金德 广西公民)
66. Yue San, Henan 158 0382 4158 (岳三 河南)
67. Hou Shuai, Henan 156 1761 3690 (侯帅 河南)
68. Xu Yan, wife of Yu Wensheng, Beijing (许艳 北京, 余文生律师夫人)
69. Zhong Jinhua, lawyer, Shanghai (钟锦化 上海律师)
70. Cheng Weishan, Xuzhou Jiangsu (程为善 江苏徐州)
71. Tang Jitian, Beijing (唐吉田 北京)

China: Li Yuhan on hunger strike

March 8, 2018


On 1 March 2018, detained human rights lawyer Li Yuhan (李昱函) confirmed that she had been on hunger strike for one week, in protest against her treatment by the Chinese judicial system.

Li Yuhan is a Beijing-based human rights lawyer and advocate for victims of human rights violations, known to many in China’s human rights community as “big sister”. She has represented clients in numerous sensitive cases on freedom of belief and access to government information. In 2015, Li Yuhan acted as defence counsel for fellow lawyer Wang Yu, one of the central victims of China’s “709” crackdown on human rights lawyers.

Li Yuhan was arrested on 9 October 2017 and on 31 October 2017, her family learned that she had been placed under criminal detention in Shenyang City, Liaoning Province on charges of “picking quarrels and provoking troubles”.

On 28 February 2017, Li Yuhan’s son informed the human rights community that he heard that his mother had initiated a hunger strike. Li Yuhan’s communication with family and legal counsel is extremely limited, and her son only received this information via the lawyer of one of Li Yuhan’s cellmates.

On 1 March 2017, Li Yuhan’s lawyer, Ma Wei, traveled to the Shenyang City detention centre where Li Yuhan is being held. In a meeting with his client, Ma Wei learned that Li Yuhan had stopped accepting food from 24 February. Li Yuhan informed her lawyer that she is protesting her prolonged detention and her detention officer’s delayed delivery of necessary medication.




China: China Moves to Shutter Law Firm at Center of Crackdown on Rights Lawyers

March 6, 2018

More than 70 lawyers with a history of defending vulnerable groups attend a 'symposium' in Beijing, Aug. 29, 2017.

Authorities in the Chinese capital look set to revoke the business license of the Beijing Fengrui law firm, the focus of an ongoing operation targeting human rights lawyers and activist that began with raids on its partners in July 2015.

In a “Notice of Administrative Penalty Hearing” sent to the firm on Monday, the Beijing municipal department of justice said Fengrui is suspected of having breached regulations governing law firms “to a serious degree.”

“Our investigations have revealed that your law firm has been negligent in managing its lawyers, and has connived to harbor and protect lawyers engaged in illegal activities,” the notice says.

It cited the subversion case against former Fengrui head Zhou Shifeng, currently serving a seven-year jail term for “subversion of state power,” and the campaigning activities of rights activist Wu Gan, known by his online nickname “The Butcher,” who was allegedly “instructed” by Zhou.

Under Zhou’s direction, Fengrui took on sensitive cases, defending dissidents, members of the banned and persecuted Falun Gong spiritual sect and others who challenged the authorities.

The firm was the first target of police raids and detentions in July 2015 that broadened into a nationwide operation targeting more than 300 lawyers, law firm staff and associated rights activists for detention, professional sanctions, house arrest and travel bans—including for family members.






China: 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.

Five Lawyers Write to Minister of Justice: Cease the Campaign-style Political Crackdown Against China’s Lawyers









https://www.rts.ch/info/monde/9384924-ces-dissidents-chinois-envoyes-dans-les-prisons-noires-du-pouvoir-de-pekin.html (FRANCAIS)

https://www.francetvinfo.fr/monde/chine/chine-la-dictature-de-xi-jinping_2637350.html (FRANCAIS)