Why Expel Lawyers?
Supreme Procuratorate And Supreme Court The Culprit
On Jan. 28, Chinese Communist Party mouthpiece People’s Daily
published an article titled, “Why Expel Lawyers From Court,"
claiming that heads of the Supreme People’s Procuratorate and
Supreme Court all voiced up for lawyers at a conference.
The career condition of Chinese rights lawyers has become
more difficult recently.
Analysis says the persecution and suppression to lawyers are
actually led by the “two supremes".
The People’s Daily article says, at the recent meeting of the
National Supreme Court Presidents and National Attorney,
president of the Supreme Court Zhou Qiang indicated that he
was confused with why judges often drive lawyers out of court.
Attorney general of the Supreme People’s Procuratorate
Cao Jianming clearly demands to strictly prohibit the practice
of restraining lawyers from visiting clients involved in
“especially major bribery cases."
Three days ago, Southern Metropolis Daily also published
a similar idea opinion article titled “Expelling Lawyers From
Court, Rule of Law Would Be Confused", indicating that the
Supreme Court has planned to improve trial rules.
More importantly, the Supreme Court declared a positive
attitude to protect lawyer’s defending rights.
Although People’s Daily believes that the “two supremes"
clearly support lawyers, Guangdong rights lawyer Sui Muqing
believes that high level communist officials often speak empty
words to put up a show.
Before seeing any substantive changes, one cannot be
too optimistic, Sui said.
Sui Muqing, rights lawyer in Guangdong Province:
Such disrespect, persecution and suppression to lawyers
is actually led by the
Supreme Procuratorate and Supreme Court.
For instance, the Supreme Court made a rule that lawyers
may not go through the security check, however, the Supreme
Court just forces to check lawyers.
It doesn’t even comply with its own rule, how could it require
courts under it to comply with the rules?
Sui indicated that the career environment for rights lawyers
in mainland China has become increasingly difficult.
Many lawyers have been sentenced, detained, beaten,
arrested in court, rejected to visit clients, rejected from#
reading case documents, expelled from court
and fined fees, etc.
It’s basically a result of the “two supremes"
abusing power and indulgment.
Sui Muqing: For instance, when I was at the trial of
Ding Jiaxi case, the judge and prosecutor very severely
violated the rule.
The judge didn’t allow me to speak.
He directly said ‘You shut up.’ I wasn’t allowed to speak.
Thus, we couldn ‘t continue.
Such situations are so common now.
On occasions if they didn ‘t make things difficult for me,
I would feel very lucky.
Two days ago, two incidents of police beating, cursing, and
detaining rights lawyers took place in mainland China.
On Jan. 28, because Beijing lawyer Wang Yu wrote a complaint
letter at the Zaoqiang County detention center in
Hebei Province for his client who was tortured to
confess there, lawyer Wang was illegally detained by police
for half an hour.
The police also seized his lawyer ‘s license,
and didn ‘t return it until the next day.
Wang Yu, lawyer in Beijing:"If you thought I violated the law,
you could put me under security detention.
If you thought I committed crime, you could put me
under criminal detention.
Which law says that you can seize my lawyer ‘s license?
It obviously harmed lawyer ‘s right to defense and
right to practice."
On the same day, two lawyers Gong Xiangdong and Zhang Weiyu
handling the Jiansanjiang case in Heilongjiang Province,
accompanied by the client ‘s family, went to visit their client.
Shi Mengwen is a Falun Gong practitioner, who was illegally
detained at the Jiansanjiang detention center.
The lawyers were beaten and cursed by police,
and were refused to visit the client.
Liu Pumei, ex-wife of Shi Mengwen: I went with the lawyers.
The detention center head ordered police to beat the lawyers.
They pushed us all out.
There were over 10 people pushing me,
pushing and punching me.
And then, they dragged the lawyers out, beating
and pulling them.
The Jiansanjiang Incident took place in March last year.
Four rights lawyers including Tang Jitian went to deal with
a case of some local Falun Gong practitioners.
They were arrested along with 7 other Falun Gong practitioners
including family members of the clients.
The four lawyers were beaten, with 24 broken ribs in total.
Three of the arrested Falun Gong practitioners were later
released due to a severe health condition after torture.
But the other 4 including Shi Mengwen
are still being detained.
Eight lawyers including Zhang Weiyu and Wang Yu have been
illegally forced to have security check and body searches
before trial, rejected visiting clients, and beaten many times
in the past year, when they handled the Jiangsanjiang case.
On Jan. 8, Jiansanjiang Court ran a secret trial of the 4
Falun Gong practitioners without informing any lawyer
or family member.
The sentence hasn ‘t been announced.
Lawyer Zhang Keke from Hubei Province during a trial of a
Falun Gong practitioner: China ‘s constitution guarantees
citizen ‘s freedom of speech and freedom of belief.
He was then arrested in court by police because of it.
After that, hundreds of lawyers jointly petitioned to appeal
the Standing Committee and Supreme Procuratorate to protect
lawyer ‘s rights by implementing
supervision and legal supervision.
Interview & Edit/LiYun