{"id":3037,"date":"2016-07-26T14:48:25","date_gmt":"2016-07-26T05:48:25","guid":{"rendered":"http:\/\/hrn.or.jp\/eng\/?p=3037"},"modified":"2023-10-25T09:42:20","modified_gmt":"2023-10-25T00:42:20","slug":"crackdown-anniversary-statement","status":"publish","type":"post","link":"https:\/\/hrn.or.jp\/eng\/news\/2016\/07\/26\/crackdown-anniversary-statement\/","title":{"rendered":"Human Rights Now Co-signed the Open Letter by Legal Professionals to President Xi Jinping on the Occasion of the Anniversary of the 709 Crackdown"},"content":{"rendered":"

Human Rights Now, a Tokyo-based international human rights NGO, co-signed the Open Letter by Legal Professionals to President Xi Jinping on the Occasion of the\u00a0Anniversary of the 709 Crackdown<\/strong>, which was released by\u00a0China Human Rights Lawyers Concern Group on July 9, 2016, in support of the human rights lawyers and \u00a0human rights\u00a0defenders who are still in detention in China.<\/p>\n

The letter is to\u00a0call upon the Government of\u00a0China\u00a0to<\/p>\n

    \n
  1. Release all lawyers and others unlawfully detained;<\/li>\n
  2. Ensure access to counsel of one\u2019s own choosing for all those arrested or held as criminal\u00a0suspects;<\/li>\n
  3. Cease all interference into the families\u2019 appointment of, and consultation with lawyers, and\u00a0lift all measures that hinder their enjoyment of rights as citizens;<\/li>\n
  4. Ensure that the rights of those detained, including their right to adequate medical\u00a0treatment and visitation rights, are fully enforced.<\/li>\n<\/ol>\n

    The below is the whole texts\u00a0addressed to Mr.\u00a0Xi Jinping, President of the People\u2019s Republic of China.<\/p>\n

    20160715 An Open Letter by Legal Professionals to President Xi Jinping on the Occasion of the Anniversary of the 709 Crackdown<\/a>\u00a0[PDF]<\/p>\n

    \n

    An Open Letter by Legal Professionals to President Xi Jinping on the Occasion of the Anniversary of the 709 Crackdown<\/strong><\/p>\n

    Xi Jinping, President of the People\u2019s Republic of China
    \nZhongnanhai,
    \nNo. 174 Xi Chang\u2019an Jie,
    \nBeijing 100017 China<\/p>\n

    9 July 2016<\/p>\n

    \u00a0<\/strong><\/p>\n

    Re: Due Process for Lawyers in Detention<\/strong><\/p>\n

    Dear President Xi Jinping,<\/p>\n

    On the occasion of the anniversary of the arrests and detention of human rights lawyers and defenders, which started on 9 July 2015 (referred to in the media as the “709 crackdown”), we express our continued concern regarding the situation of our colleagues who are still in detention. \u00a0Today, 23 individuals are held under formal arrest, nine of them human rights lawyers, one law firm staff and 13 human rights defenders.<\/a>[1]<\/a><\/p>\n

    We note these cases in particular because of the international attention they have attracted and the significant implications they have for the rule of law and exercise of the legal profession in China.<\/p>\n

    As legal practitioners from around the world, we support and embrace the universal values underpinning human rights and the rule of law, and we aim for the improvement of the situation for lawyers and human rights defenders and access to justice for all. It is in this light that we wish to remind you of your continuous pledges, Mr. President, to uphold the rule of law in China.<\/p>\n

    We are, however, disturbed by the many reports on the violations of national law and international human rights law in the handling of the cases implicated in the 709 crackdown, to which the Chinese government has so far not granted any clarification or explanation. They include:<\/p>\n

      \n
    1. The use of national security-related crimes. The charges made against the lawyers and legal assistants fall under broadly defined national security-related crimes, thereby suspending their rights to due process, subjecting them to extended detention periods for investigation and the deprivation of access to counsel.<\/a>[2]<\/a><\/li>\n
    2. The lack of access to self-selected defense counsel and right to visitation of families since the detentions started one year ago. It is of serious concern to learn that six months have passed since their formal arrests, and none of the detained lawyers and their assistants has been able to meet with their defense counsel and family. Lack of access undermines the possibility of verifying that no torture or inhumane treatment of the detainees has taken place and impedes a proper legal representation during the investigation phase.<\/li>\n
    3. Police intervention into the selection and appointment of defense counsel. It has been verified that family members received warnings for contacting lawyers they would have preferred to represent the detained; or were coerced into dismissing the defense counsel they had previously appointed. In such instances, preferred defense counsel were verbally informed by police officers that they were dismissed during attempts to meet with their clients.<\/a>[3]<\/a><\/li>\n
    4. Police pressure to obtain confessions. Family members of lawyer Wang Quanzhang were requested by police officers on 28 April 2015 to \u201cpersuade\u201d Wang to confess his \u201cmistakes\u201d on video. We are concerned that the police are exerting undue pressure to secure confessions and self-incriminating statements. This approach casts doubt on the integrity of the evidence collection procedure during police investigations. This is particularly concerning in the Wang case, in which apart from the confession video, we understand that there appears to be insufficient evidence for the charges.<\/li>\n
    5. Family members, friends and defense counsel of the detained are heavily impacted by the proceedings against the accused. They are subjected to strict surveillance, being monitored by state actors, summoned to appear before the police, and harassed. <\/a>[4]<\/a><\/li>\n
    6. The Procuratorate and the Court have failed to uphold due process. These bodies have ignored or rejected inquiries and complaints submitted by defendants\u2019 defense counsel and\/or family members to ensure that due process is followed.<\/li>\n<\/ol>\n

      We, the below signed, are concerned that the legal grounds for these practices are either absent, weak or arbitrary.<\/p>\n

      Therefore, we call on you as the President of the People\u2019s Republic of China to dedicate your personal attention to ensure that the country honors its commitments to the Constitution, national law, the UN Basic Principles on the Role of Lawyers<\/a>[5]<\/a> and international conventions on human rights protection, and consider taking the following actions:<\/p>\n

      \u30fbRelease all lawyers and others unlawfully detained;<\/strong><\/p>\n

      \u30fbEnsure access to counsel of one\u2019s own choosing for all those arrested or held as criminal suspects;<\/strong><\/p>\n

      \u30fbCease all interference into the families\u2019 appointment of, and consultation with lawyers, and lift all measures that hinder their enjoyment of rights as citizens;<\/strong><\/p>\n

      \u30fbEnsure that the rights of those detained, including their right to adequate medical treatment and visitation rights, are fully enforced.<\/strong><\/p>\n

      Cosignatories:<\/strong>
      \nChina Human Rights Lawyers Concern Group<\/p>\n

      \u00a0<\/strong><\/p>\n

      Bar Associations & Lawyers Organisations<\/strong>
      \nAmsterdam Bar Association
      \nAssociation of European Democratic Lawyers (AED)
      \nAvocats.Be, l\u2019ordre des Barreaux Francophones et Germanophone de Belgique Avocats\/ Francophone and German-speaking Bars of Belgium Lawyers, Belgium
      \nBar Human Rights Committee of England and Wales
      \nBudzowska Fiutowski i Partnerzy. Radcowie Prawni, Poland
      \nBarreau de Paris\/ Paris Bar, France
      \nConsejo General de la Abogac\u00eda Espa\u00f1ola\/ Spanish National Bar, Spain
      \nCouncil of Bars and Law Societies of Europe (CCBE)
      \nHuman Rights Committee of the Taipei Bar Association, Taiwan
      \nHuman Rights Now (HRN), Japan
      \nInstitut des droits de l’homme des avocats europ\u00e9ens\/ European Bar Human Rights Institute (IDHAE)
      \nInternational Association of People\u2019s Lawyers, Australian branch
      \nInternational Commission of Jurists\u00a0(ICJ),
      \nInternational Observatory for Lawyers in Danger, France
      \nLawyers for Lawyers, Netherlands
      \nProgressive Lawyers Group, Hong Kong
      \nSwedish Bar Association, Sweden
      \nTaiwan Support China Human Rights Lawyers Network, Taiwan
      \nUnion Internationale des Avocats\/ International Association of Lawyers (UIA), France
      \nVereniging Sociale Advocatuur Nederland\/\u00a0Union of Social Lawyers Netherlands (VSAN), Netherlands<\/p>\n

      \u00a0<\/strong><\/p>\n

      Law Academics<\/strong>
      \nBoehringer, Gill, Honorary Associate of School of Law, Macquarie University, Australia
      \nBowring, Bill, Professor of School of Law, Birkbeck College, University of London, UK
      \nCohen, Jerome A., Professor of NYU School of Law, US
      \nDavis, Michael, Professor of Law, University of Hong Kong, HK
      \nHigashizawa, Yasushi, Professor of Law, Maiji Gakuin University, Japan
      \nKavanagh, Patrick, Professor (retired), Law School Macquarie University, Australia
      \nPerez-Bustillo, Camilo, Executive Director of the Human Rights Center, Research Professor of Human Rights and Law at the University of Dayton, US
      \nPils, Eva, Reader in Transnational Law of Dickson Poon School of Law, King\u2019s College London, UK
      \nRussell, Stuart, Co-director of International Association of People’s Lawyers Monitoring Committee on Attacks on Lawyers, France
      \nTseng, Chien-yuan, Associate Professor, Chung Hua University, Taiwan<\/p>\n

      \u00a0<\/strong><\/p>\n

      Legal Practitioners<\/strong>
      \nAttias, Dominique, France, Vice Chair\u00a0of the Paris Bar
      \nCheung, Alvin, Hong Kong
      \nCheng, Winnie, Hong Kong
      \nChow, Tonyee, Hong Kong
      \nChoy, Ki, Hong Kong
      \nClancey, John, Hong Kong
      \nDaly, Mark, Hong Kong
      \nDeng, Earl, Hong Kong
      \nFavreau, Bertrand, France, Chairperson of IDHAE
      \nFisher, Tony, UK, Chairperson of the Human Rights Committee at the Law Society of England & Wales, London, United Kingdom
      \nGrewal, Ankit, India
      \nGaasbeek, Hans, Netherlands, Director Foundation Day of the Endangered Lawyer
      \nGurses,\u00a0Dundar, Netherlands
      \nHo, Duncan, Hong Kong
      \nJorvina, Josue, Jr., the Philippines
      \nKwan, Janice, Hong Kong
      \nLam. Mark, Hong Kong
      \nLangenberg, J.M., Netherlands
      \nLeung, Wilson, Hong Kong
      \nLi, Billy, Hong Kong
      \nLu, Besson, Taiwan, Senior Partner of Baker & McKenzie – Taiwan
      \nMan, Jonathan, Hong Kong
      \nNg, Chris, Hong Kong
      \nNg, Irene, Hong Kong
      \nNg, Leo, Hong Kong
      \nNg, Senia, Hong Kong
      \nPoon, Debora, Hong Kong
      \nShek, Randy, Hong Kong
      \nTam, Jeffrey, Hong Kong
      \nWong, Linda, Hong Kong
      \nYam, Kevin, Hong Kong<\/p>\n

      \u00a0<\/strong><\/p>\n

      Law Students<\/strong>
      \nChan, Kristine, Hong Kong
      \nIp, Jonathan, Hong Kong
      \nKoon, Jay, Hong Kong
      \nLeung, Yvonne, Hong Kong
      \nYip, Claudia, Hong Kong<\/p>\n

      <\/a>[1]<\/a> The lawyers and legal assistants held under formal arrest are:<\/p>\n

      Wang Yu \u738b\u5b87, lawyer of Fengrui Law Firm (arrested for \u201csubversion of State power\u201d, defense counsel was verbally informed that case would be extended for another 2 months for police investigation till 3 August 2016)<\/p>\n

      Bao Longjun \u5305\u9f99\u519b, lawyer (arrested for \u2018inciting subversion of State power\u2019, case status unclear \u2013 but assumed to have been extended for another 2 months for police investigation till 3 August 2016)<\/p>\n

      Zhou Shifeng \u5468\u4e16\u950b, lawyer and director of Fengrui Law Firm (arrested for\u00a0 \u201csubversion of State power\u201d, family member was verbally informed that the case would be transferred to the Procuratorate for deliberation of an indictment, brother has issued a written notification on 20 June to dismiss the lawyer originally appointed.)<\/p>\n

      Li Heping \u674e\u548c\u5e73, lawyer (arrested for \u201csubversion of State power\u201d, family member was verbally informed that the case has been transferred to the Procuratorate for deliberation of an indictment)<\/p>\n

      Liu Sixin \u5218\u56db\u65b0, assistant at Fengrui Law Firm, former lawyer (arrested for \u201csubversion of State power\u201d, case status unclear but assumed to have been extended for another 2 months for police investigation till 3 August 2016)<\/p>\n

      Wang Quanzhang \u738b\u5168\u748b, lawyer of Fengrui Law Firm (arrested for \u201csubversion of State power, case status unclear\u201d — but assumed to have been extended for another 2 months for police investigation till 3 August 2016))<\/p>\n

      Li Chunfu \u674e\u6625\u5bcc, lawyer (arrested for \u201csubversion of State power\u201d, case status unclear \u2013 but assumed to have been extended for another 2 months for police investigation till 3 August 2016)<\/p>\n

      Xie Yang \u8c22\u9633, lawyer (arrested for \u201cinciting subversion of State power\u201d, family was verbally informed that the case would be extended for another 2 months of police investigation till 8 August 2016)<\/p>\n

      Xie Yanyi \u8c22\u71d5\u76ca, lawyer (arrested for \u201cinciting subversion of State power\u201d\u2013\u00a0 case status unclear — but assumed to have been extended for another 2 months for police investigation till 3 August 2016)<\/p>\n

      Wu Gan \u5433\u6de6 (aka butcher), legal assistant of Fengrui Law Firm (arrested for \u201cinciting subversion of State power\u201d, \u201cPicking quarrels and provoking troubles\u201d, family was verbally informed that the case would be extended for another 2 months of police investigation till 20 August 2016)<\/p>\n

      <\/a>[2]<\/a> Among the 9 lawyers detained, six including Wang Yu, Wang Quanzhang, Li Heping, Zhou Shifeng, Li Chunfu and Liu Sixin, are accused of subverting state power and three, including Bao Longjun, Xie Yanyi and Xie Yang, are accused of inciting subversion of state power. The law firm staff Wu Gan is accused of inciting subversion of state power.\u00a0 Legal assistant Zhou Wei, formerly accused of subverting state power, was released on bail on 7 July 2016.<\/p>\n

      <\/a>[3]<\/a> Cases in process for Wang Yu, Zhou Shifeng, Li Heping, Liu Sixin, Xie Yanyi, Bao Longjun and including Zhao Wei, who was released on bail on 7 July 2016, each were impacted by police intervention in the retention of defense counsel.<\/p>\n

      On 20 June 2016, lawyer Zhou Shifeng\u2019s brother became the first family member to issue a formal notification of dismissal of counsel under the pressure jointly exerted by the police in Beijing and Tianjin.<\/p>\n

      <\/a>[4]<\/a> The 6-year old daughter of Li Heping has been deprived the right to education as she and her mother still do not hold the permit for temporary residency in Beijing.<\/p>\n

      By far about 30 rights lawyers and their family members have been prohibited from travelling out of mainland China on the pretext that their exit would endanger state security.<\/p>\n

      <\/a>[5]<\/a> The UN Basic Principles on the Role of Lawyers provide a concise description of international norms relating to the key aspects of the right to independent counsel. The Basic Principles were unanimously adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders in Havana, Cuba on 7 September 1990. Subsequently, the UN General Assembly \u201cwelcomed\u201d the Basic Principles in their \u2018Human rights in the administration of justice\u2019 resolution, which was adopted without a vote on 18 December 1990 in both the session of the Third Committee and the plenary session of the General Assembly. the Basic Principles provide that:<\/p>\n

      \u30fb\u201cAll persons are entitled to call upon the assistance of a lawyer of their choice to protect and establish their rights and to defend them in all stages of criminal proceedings\u201d (Principle 1); and,<\/p>\n

      \u30fbEfficient and effective procedure must be put in place to facilitate that access (Principle 2);<\/p>\n

      \u30fbLawyers shall not be identified with their clients as a result of carrying out their role (Principle 18); and,<\/p>\n

      \u30fb\u201cGovernments shall ensure that lawyers (a) are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference; (b) are able to travel and to consult with their clients freely both within their own country and abroad; and (c) shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics\u201d (Principle 16).<\/p>\n","protected":false},"excerpt":{"rendered":"

      Human Rights Now, a Tokyo-based international human rights NGO, co-signed the Open Letter by Legal Professionals to President Xi Jinping on the Occasion of the\u00a0Anniversary of the 709 Crackdown, which was released by\u00a0China Human Rights Lawyers Concern Group on July 9, 2016, in support of the human rights lawyers and \u00a0human rights\u00a0defenders who are still in detention in China. The letter is to\u00a0call upon the Government of\u00a0China\u00a0to Release all lawyers and others unlawfully detained; Ensure access to counsel of one\u2019s own choosing for all those arrested or held as criminal\u00a0suspects; Cease all interference into the families\u2019 appointment of, and consultation with lawyers, and\u00a0lift all measures that hinder their enjoyment of […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[13],"tags":[139,104,154,102],"countries":[252],"class_list":["post-3037","post","type-post","status-publish","format-standard","hentry","category-statement","tag-civil-and-political-rights","tag-criminal-justice-arbitrary-detention-and-torture","tag-defenders-democratic-space","tag-human-rights-defenders-independence-of-judiciary","countries-china"],"acf":[],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/hrn.or.jp\/eng\/wp-json\/wp\/v2\/posts\/3037","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/hrn.or.jp\/eng\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/hrn.or.jp\/eng\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/hrn.or.jp\/eng\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/hrn.or.jp\/eng\/wp-json\/wp\/v2\/comments?post=3037"}],"version-history":[{"count":5,"href":"https:\/\/hrn.or.jp\/eng\/wp-json\/wp\/v2\/posts\/3037\/revisions"}],"predecessor-version":[{"id":3042,"href":"https:\/\/hrn.or.jp\/eng\/wp-json\/wp\/v2\/posts\/3037\/revisions\/3042"}],"wp:attachment":[{"href":"https:\/\/hrn.or.jp\/eng\/wp-json\/wp\/v2\/media?parent=3037"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/hrn.or.jp\/eng\/wp-json\/wp\/v2\/categories?post=3037"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/hrn.or.jp\/eng\/wp-json\/wp\/v2\/tags?post=3037"},{"taxonomy":"countries","embeddable":true,"href":"https:\/\/hrn.or.jp\/eng\/wp-json\/wp\/v2\/countries?post=3037"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}