Join our Mailing List

"I believe that to meet the challenges of our times, human beings will have to develop a greater sense of universal responsibility. It is the foundation for world peace."

China: Restrictions on Lawyers Fuel Unrest

April 30, 2008

Legal Profession Becomes ‘More Dangerous Day by Day’

Human Rights Watch

(New York, April 29, 2008) – Chinese lawyers who take cases seen by the
government as politically sensitive or potentially embarrassing face
severe abuses ranging from harassment to disbarment and physical
assaults, Human Rights Watch said in a new report released today.

In April 2008, for example, a group of lawyers who had publicly offered
to defend Tibetan protesters were warned by the Chinese Ministry of
Justice not to get involved or they would face disciplinary sanctions
and jeopardize the renewal of their professional licenses for the year.
Ministry officials contacted individual lawyers and heads of law firms
who had made the offer and warned them that the cases of Tibetan
protesters were “sensitive cases.” The Ministry of Justice has the power
to suspend the lawyers’ licenses if they do not comply, and such threats
are increasingly common for lawyers trying to take such “sensitive” cases.

“Lawyers who challenge official abuses in China systematically suffer
retaliation,” said Sophie Richardson, Asia advocacy director at Human
Rights Watch. “But if people can’t take their grievances to the courts,
they will take them to the streets.”

The 142-page report, “Walking on Thin Ice: Control, Intimidation and
Harassment of Lawyers in China,” details consistent patterns of abuses
against legal practitioners. These include intimidation, harassment,
suspension of professional licenses, disbarment, physical assaults, and
even arrest and prosecution when lawyers take politically sensitive
cases, seek redress for abuses of power and wrongdoings by party or
government agents, or challenge local power-holders.

Human Rights Watch also said that restrictions on lawyers risk
exacerbating widespread social unrest as citizens are denied meaningful
legal avenues to solve disputes. China has witnessed an explosion of
social unrest in recent years, fueled by rising economic disparities and
endemic abuses by unaccountable local officials. Issues such as illegal
land seizures, forced evictions, relocations from dam areas,
environmental pollution, unpaid social entitlements and administrative
malfeasance have become burning social issues.

The Chinese government, which has committed itself to the rule of law
while still insisting on the primacy of Communist Party rule, has
repeatedly stressed the need to develop the legal profession and has
extolled the role that lawyers play in dispensing justice and preserving
social stability. But Chinese officials also insist that lawyers must
respect political considerations set by the party. In addition, courts
routinely refuse to file cases of governmental abuses, while local
authorities regularly threaten lawyers with disciplinary actions,
non-renewal of professional licenses, or even prosecution and arrest.
Authorities at the local level can easily manipulate these requirements
to cover wrongdoings and abuses of power.

“It is inherently unjust for government officials to have the power to
decide which cases lawyers can pursue,” said Richardson. “It negates the
rule of law and makes justice fundamentally unattainable.”

The report details various instances in which lawyers have faced serious
harassment for representing controversial cases, including those of
victims of torture and ill-treatment by law enforcement agencies,
citizens alleging abuses of power by local officials, and religious and
political dissidents, among others. Examples include:

     *       Li Heping, a prominent Beijing lawyer was kidnapped,
detained, and beaten by a group of unidentified men on September 29,
2007. His captors released him after six hours, having threatened him
with further violence if he did not leave Beijing;
     *      Zhang Jiankang, a lawyer who had represented farmers in a
high-profile land dispute in Nanhai, Guangdong Province, was denied
re-registration in March 2007;
     *      Zhang Jianzhong, a prominent lawyer and advocate who served
as the head of the committee on lawyers’ rights of the Beijing Lawyers
Association, was arrested in May 2002 and sentenced to two years in
prison in December of the same year under article 307 for allegedly
having assisted with fabrication of evidence.

The new Human Rights Watch report draws on extensive interviews with
Chinese lawyers, activists and legal experts, and argues that the
incidence of violence, detention or prosecutions of lawyers is far more
widespread than the number of publicly reported cases indicates.

Even in ordinary criminal cases, defense lawyers struggle to exercise
the limited rights they enjoy under the law, the report shows. Lawyers’
access to clients in detention, court documentation, evidence and
witnesses is sharply limited, and is subject to the discretionary
cooperation of judicial institutions. Lawyers are by and large unable to
seek redress for such violations, even when their clients have been
tortured or ill-treated in detention to extract forced confessions.

Human Rights Watch called on the Chinese government to ensure access to
justice for victims of abuses of power by upholding existing laws and
prosecuting officials who obstruct the course of justice.

“Abuses of lawyers compound human rights violations, undermine citizens’
rights, and exacerbate social unrest,” said Richardson. “Without due
process and genuine defense rights, law remains little more than an
instrument of state repression.”

Quotes from the report:

Chinese officials in their own words:

“The rule of law is important for the promotion, realization and
safeguarding of a harmonious society. This principle should be
rigorously implemented in all political, administrative and judicial
sectors to ensure the powerful be checked and accountable for their
misdeeds.”
—President Hu Jintao, June 26, 2005

“There are people who use the tools of Western legal theory, and put on
the hat of ‘ruling the country according to law’ to negate the
leadership of the party.”
—Wang Shengjun, secretary of the Political and Legal Committee of the
Party, March 2005

“Lawyers’ licenses must be registered yearly. Unregistered licenses are
not valid.”
—Article 12 of the Ministry of Justice’s Methods for the Management of
Lawyers’ Professional Licenses


Chinese lawyers in their own words:

“For lawyers, retaliation by the local authorities is a big danger. We
are all walking on thin ice.”
—P.D., a Beijing lawyer, November 2007

“The first warning is that someone at the Judicial Bureau will give you
a simple phone call to invite you to ‘have a chat.’”
—W.Z., a Shanghai lawyer, September 2007

“They want all my family to move out of Beijing, to sell my apartment,
my car and leave Beijing. In their words, I am to ‘get the hell out of
Beijing.’”
—Li Heping, a Beijing lawyer, after an incident in which he was
kidnapped, detained, and beaten by a group of unidentified men,
September 2007

“You can beat me up, but please do not beat me up in court; please do
not beat me up as I carry out my professional duties.”
—Open letter by lawyer Wang Lin after he was assaulted by a court
official in Tianjin, April 2007

“When you go to a small town and the police are following you all the
time, what kind of testimonies can you get?”
—L.W., a lawyer from Beijing, November 2007

“For the past few years, the working environment of the legal profession
has become more dangerous day by day.”
—Text of an open letter by 53 lawyers, December 2006

“Walking on Thin Ice: Control, Intimidation and Harassment of Lawyers in
China” is available at: http://hrw.org/reports/2008/china0408/

For more information, please contact

In Hong Kong, Nicholas Bequelin (English, French, Mandarin):
+852-8198-1040 (mobile)
In Washington, DC, Sophie Richardson (English, Mandarin):
+1-202-612-4341; or +1-917-721-7473 (mobile)
In London, Brad Adams (English): +44-20-7713-2767; or +44-790-872-8333
(mobile)
In New York, Elaine Pearson (English): +1-212-216-1213; or
+1-646-291-7169 (mobile)

CTC National Office 1425 René-Lévesque Blvd West, 3rd Floor, Montréal, Québec, Canada, H3G 1T7
T: (514) 487-0665   ctcoffice@tibet.ca
Developed by plank