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In pursuit of the reign of human rights and the perpetuity freedoms, we have striven on, braving winds and rain and in support of each other.
On 13 September 2016, the China Human Rights Lawyers Group embraces its 3rd anniversary.
Over the past three years, the China Human Rights Lawyers Group has been an open platform for the communications, exchanges and mutual-support among lawyers seeking to promote human rights in China. It has also been the major provider of “effective criminal defence” in the context of China. Beyond these achievements, we truly believe that human rights is not a concept dry and empty, nor is it anything inscrutable. The universal values of human rights are deep in our hearts and form part of our daily experiences of living, of freedoms and liberty, of security, equality and dignity. We understand that lawyers are bound to and must strive for the protection of rights, and will ultimately work towards the general protection of human rights. Hence, it is the pleasure of the China Human Rights Lawyers Group to be the channel through which lawyers in China may, in each’s own ways and within the legal framework, pursue a career of rights protection.
Over the past three years, these respectable and adorable rights lawyers in China have spoken up in the numerous cases of rights violations. They represented these cases and insisted in filing complaints. They have also demonstrated the rare and invaluable courage and commitment by readily undertaking to face pressure, to battle at the front, to disclose the verity and insist in the pursuit of truth. They rejoice for every single case that is handled with justice. They also grieve and lament over the many other victims of rights violations trapped in the institutional black-holes, and are unable to get themselves heard. If not a sword to protect the civil rights, these lawyers are at least the thorns in the flesh of the abusers of power. They display their sharpness constantly polished by the sandstorms in the long dark nights. Yet, deep down in their heart, they are full of tenderness and compassion for the people living on this land.
Over the past three years, the rights lawyers have, not unexpectedly, experienced the repression by the powerful authorities. In the extreme case of the 709 Crackdown, rights lawyers were arrested and are not yet released. The 709 Crackdown has drawn grave concerns and condemnations from the international communities including the UN OHCHR, the US States Department, the dozen of European countries and a great number of lawyers groups and associations. In the four so-called 709-related court trials that took place in early August this year, the authorities-driven coverage intending to conceal the rights violations have ended up making them even more conspicuous, prompting us to seriously question if we really are living in a modern state.
In China, the protection of human rights has been written into the Constitution. However, that which has been on paper is now covered with dust; that which has been loudly propagated has turned out to be sheer formality. With the very learned ones indulging in their loquacity, the many others who truly suffer are absorbed and oblivious to the lack of protection. When we look at our future, we have to seriously examine the following issues:
In 2015, the UN Committee against Torture published its concluding observations for the State Party report which the Chinese government submits every five years. Therein reflected is grim situation and the long way ahead for those working against torture. With more than 150 countries in the world having abolished the extremely cruel death penalty, China still remains to be the one with highest number of executions. In 1998, the Chinese government signed the UN International Covenant on Civil and Political Rights and today, with 16 years past, the National People’s Congress still has not ratified it. What we can easily see is that civil rights are rudely and barbarically quashed through the recently passed or enforced “Law on the Management of the Activities of Extraterritorial NGOs in the Mainland”, “Charity Law”, “National Security Law” and the “Law on Cyber Security” which is now in consultation,
As a result of the extensive interpretation and abusive usage of the “pocketed crimes” [1] such as that of “picking quarrels and provoking troubles” and the national security-related political crimes, the freedoms of speech and expression have been largely curtailed in China. The public can no longer release their emotions and the use of creative means has declined. The narrowing down of space can further be illustrated if we compare the painstaking fate of a “minority of individuals” whose microblog accounts could be cancelled at any time with the official media that are allowed to manipulate the human rights cases by judging without trial; and also with the unprecedented activism of the 50-cent-army and the little pinkies. [2]
Law enforcement organs have abused their power to the extent that renders the public in fear and anxiety. This can be evidenced by the cases of “Taiyuan peasant woman beaten to death by police” and “Lei Yang”, for instances. It is also not uncommon for extrajudicial organs to constrain the personal freedoms of citizens. Numerous cases of “shuanggui” [3] and “residential surveillance at designated location” [4] have existed to further illustrate the distorted and abusive usage of these measures.
With regards to the struggles for labour rights, workers striving to reclaim their rights and benefits are often exhausted as a result of the bureaucracy of the law enforcement organs, the apathy of the trade unions at various levels, incompetence of the mechanism for labour arbitration, and the prolonged and tedious judicial process. NGOs which provide legal consultation on labour rights can become target of repression when they touch on the interests of the other parties at stake. The young people in this society are almost crushed in face of the disproportionately high social security payment, the difficult procedure involved in the application for unemployment benefits and the very long way to retirement.
We cannot be very optimistic either with the human rights situation in China. The judicial system has remained unjust, the civil and political rights continue to be absent, the economy is entering into bottleneck, the distribution of educational resources and the general budget are uneven, discrimination against various social sectors upon various grounds has stayed extensive…. to name but a few.
Henceforth,
We shall strive to promote transparency in the judiciary and independence in trials. We strongly urge the judicial organs to ensure that the detainees implicated in the 709 Crackdown are protected in their rights to have defence counsels, to be defended and to receive open and fair trials.
We shall continue with our demand for the truth of public incidents to be exposed, for police power to be checked and balanced with personal freedoms protected.
We shall continue to provide legal assistance to all citizens in need, as what we have been doing so far. We understand well that the successful incorporation of human rights values into the hearts of individual citizens is exemplified by their awakening.
We call upon the legislative organs to ratify the international human rights treaties as they stand for the human civilisation consolidated after experiencing torments, killings, wars and religious repressions. To reject them is like rejecting sunlight and air. We demand for democracy to be institutionalised. We cannot accept that law has become the tool of a few to subdue the mass.
The more we love this country, the more we shall expect from it and the harder our criticism will be. We demand for the perpetrators of human rights and rule of law violations to be held accountable but we are not to blame any political party, any interest groups or public officials. We do not intend to blame the public for the misery or for their inaction. We all have indispensable responsibilities to undertake for promoting rights in this country. Together we shall change our future, bit by bit and through concrete actions.
We reiterate our appeal for a society with freedoms of expression, a society in which all individual beings can be greeted as human being in their own right. For this ideal, we shall work tirelessly and incessantly to cultivate and change this land of thorns. History will testify our plights, our tears, and will eventually render us its blessings. We trust and are confident.
Friends, may human rights prevail, may we be unified despite the distance in between us. May happiness returns in double on the occasion of this mid-autumn festival. Let us take on our new journey in the calls for the reigns of human rights and the perpetuity of freedoms!
China Human Rights Lawyers Group (name list follows)
13 September 2016
Introduction of China Human Rights Lawyers Group:
The China Human Rights Lawyers Group was founded on 13 September 2013 and has been an online platform open for lawyers’ coordination. The China Human Rights Lawyers Group undertakes to “defend human rights and promote rule of law”. Since its establishment, the Group has made different endeavourers including joint statements and interventions into cases/ issues with rights implications. All lawyers in China who share our vision and value, and who are willing to protect the basic rights of our fellow citizens, are welcome to join us by contacting any of our members.
We look forward to walking in hands with you!
For Contact (in alphabetical order)
Chang Boyang +86 188 3718 3338
Lin Qilei +86 186 3922 8639
Liu Shihui +86 185 1663 8964
Tang Jitian +131 6130 2848
Yu Wensheng +139 1003 3651
China Human Rights Lawyers Group (325 members)
Cai Ying (Hunan), Cai Jixin (Guizhou), Cai Murong (Beijing), Cao Zheng (Guangdong), Cao Yi (Sichuan), Zeng Yi (Yunan), Chang Boyang (Henan), Chang Weiping (Shannxi), Chen Pin (Hunan), Chen Jiahong (Guangxi)
Chen Jiangang (Beijing), Chen Jinhua (Hunan), Chen Jinshi (Hunan), Chen Jinxue (Guangdong), Chen Keyun (Guangdong), Chen Liye (Zhejiang), Chen Nanshi (Hunan), Chen Shuqing (Zhejiang), Chen Taihe (Guangxi)
Chen Wuquan (Guangdong), Chen Yixuan (Hunan), Chen Yongmiao (Beijing), Chen Zhiyong (Beijing), Cheng Bin (Qinghai), Cheng Weishan (Jiangsu), Chu Yukun (Beijing),
Deng Wei (Shandong), Deng Shulin (Guangdong), Cui Lifeng (Heilongjiang)
Ding Xikui (Beijing), Dong Qianyong (Beijing), Dong Zhiyuan (Hebei), Du Guofeng (Guizhou), Fan Biaowen (Guangdong), Fang Chaobo (Guangxi), Feng Min (Fujian), Feng Yun (Yunan), Feng Mingwei (Shanghai), Feng Xiangguo (Guangdong)
Feng Xunkun (Shandong), Feng Yanqiang (Shandong), Fu Ailing (Guangdong), Fu Yonggang (Shandong), Gan Weidong (Xinjiang), Gao Chengcai (Henan), Ge Wenxiu (Guangdong), Ge Yongxi (Guangdong), Guo Jin (Beijing), Guo Haiyue (Beijing)
Guo Jianwei (Shandong), Guo Jinfu (Sichuan), Guo Lianhui (Jiangxi), Guo Minhua (Guangxi), Guo Xinrong (Beijing), Guo Xiongwei (Hunan), Han Guoquan (Shanghai), Han Qingfang (Hebei), Han Zhiguang (Beijing), Guo Zhenxing (Heilongjiang)
He Wei (Zhongqing), He Shaolin (Beijing), Huang Jian (Sichuan), Hu Duanying (Guangdong), Hu Guiyun (Beijing), Hu Linzheng (Hunan), Lu Zhoubin (Zhejiang), Huang Hanzhong (Beijing), Huang Kezhong (Guangxi), Hou Lingxian (Heilongjiang)
Huang Simin (Hubei), Huang Yizhi (Shenzhen), Huang Zhiqiang (Zhejiang), Ji Laisong (Henan), Ji Zhongjiu (Zhejiang), Jiang Tianyong (Beijing), Jian Yiping (Jiangxi), Jiang Ye (Guangdong), Jiang Yongji (Gansu), Jiang Yuanmin (Guangdong)
Jin Guanghong (Beijing), Lan Zhixue (Beijing), Il Wenzhi (Hubei), Li Xiongbing (Beijing), Li Chunfu (Beijing), Li Fangping (Beijing), Li Guisheng (Guizhou), Li Guobei (Beijing), Li Heping (Beijing), Li Dawei (Gansu, legal worker)
Li Jinxing (Shandong), LI Jinglin (Beijing), Li Junquan (Liaoning), Li Ming (Shandong), Li Nianqing (Shannxi), Li Qizhen (Shanghai), Li Ruyu (Jiangsu), Li Subin (Beijing), Li Tiantian (Shanghai), Li Weida (Hebei)
Li Xiaofei (Shandong), Li XInmin (Jiangsu), Li Yehong (Shannxi), Li Yongheng (Shandong), Li Yuzhen (Shandong), Li Yuhan (Beijing), Li Changming (Beijing), Li Changqing (Beijing), Li Zhiyong (Guangdong), Li Xiangyang (Shandong legal worker)
LI Zhongwei (Shandong), Liang Chengyong (Guangxi), Liang Jiangzhou (Guandong), Liang Lanxin (Hebei), Liang Xiaojun (Beijing), Liang Xiubo (Henan), Lin Feng (Fujian), Lin Qilei (Beijing). Liu Gang (Sichuan), Liu Jianjun (Beijng)
Liu Hao (Guangdong), Liu Li (Beijing), Liu Ming (Hunan), Liu Wei (Beijing), Liu Wei (Henan), Liu Xi (Hunan), Liu Yan (Shandong), Liu Yang (Beijing), Liu Aoshuang (Hunan), Liu Dongjie (Zhejiang)
Liu Jinbin (Shandong), Liu Jinxiang (Shandong), Liu Lianhe (Tianjin), Liu Linglong (Hunan), Liu Rongsheng (Shandong), Liu Shihui (Guangdong), Liu Shuqing (Shandong), Liu Weiguo( Shandong), Liu Sixin (Hubei, doctor of criminal law), Liu Yingjie (Beijing)
Liu Zhengqing (Guangdong), Liu Zhijiang (Shannxi), Long Yuanfu (Guangdong), Lu Jingmei (Hunan), Lu Siwei (Sichuan), Li Tingge (Hebei), Lu Zhimin (Beijing), Lu Guozheng ( Shandong), Lu Yunlong (Shandong), Luo Lizhi (Hunan)
Lu Fangzhi (Hunan), Ma Wei (Tianjin), Ma Gelian (Hunan), Ma Lianshun (Henan), Me Minfu (Hebei), Meng Meng (Henan), Meng Yuan (Shandong). Luo Qian (Hunan), Mo Hongluo (Henan), Nie Qi (Hunan)
Poon Kawai (Hong Kong, doctor of law), Pang Kun (Guangdong), Peng Jian (Beijing), Peng Zhou (Guangdong), Qiang Li (Sichuan), Qin Lei (Sichuan), Qu Yuan (Sichuan), Quan Zhen (Hubei), Ran Tong (Sichuan), Ren Quanniu (Henan)
Shang Manqing (Hubei), Shao Zhenzhong (Shandong), Shi Zhenggang (Jiangsu), Shi Fulong (Hunan), Shi Yongsheng (Hebei), Shu Xiangxin (Shandong), Song Yusheng (Beijing), Situ Yiping (Shandong), Su Shixuan (Liaoning), Sui Muqing (Guangdong)
Sun Yanyu (Henan), Qin Chenshou (Guangxi), Qin Jukuan (Guangdong), Qin Yongpei (Guangxi), Tan Zheng (Hubei), Tand Hongxin (Beijing), Tang Jitian (Beijing), Tang Jingling (Guangdong), Tang Tianhao (Zhongqing), Teng Biao (Beijing)
Tian Yuan (Hunan), Tong Zhaopoing (Beijing), Wan Kerui (Shandong), Wang Liao (Zhejiang), Wang Nengyang (Jiangsu), Wang Cheng (Zhejiang), Wang Hui (Henan), Tao Shuangwen (Hubei. Law teacher), Wang Yu (Beijing), Wang Xing (Beijing)
Wang Bijun (Guangdong), Wang Binghua (Guangdong), Wang Zhaoyi (Guizhou), Wang Guangqi (Beijing), Wang Haifan (Yunnan), Wang Haijun (Hunan), Wang Longde (Yunnan), Wang Qingpeng (Hebei), Wang Quanping (Guangdong), Wang Quanzhang (Beijing)
Wang Shengsheng (Guangdong), Wang Tinggen (Guangdong), Wang Weihua (Shanghai), Wang Xianping (Xinjiang), Wang Xueming (Shandong), Wang Yajun (Beijing), Wang Zhenjiang (Shandong), Wang Qiushi (Heilongjiang), Wang Zongyue (Guizhou), Weo Qiaoling (Hubei)
Wei Xulan (Hunan), Wei Youyuan (Jiangxi), Wen Haibo (Beijing), Wen Donghai (Hunan), Wen Tiejun (Hunan), Wen Yu ( Guangdong), Wu Hongwei (Beijing), Wei Liangyue (Heilongjiang), Wu Hui (Guangxi), Wu Kun (Yunnan)
Wu Chunming (Jiangsu), Wu Guogong (Guangdong), Wu Jishou (Henan), Wu Kuiming (Guangdong), Wu Liangshu (Guangxi), Wu Mingzhi (Guangxi), Wu Shaobo (Beijing), Wu Zhenqi (Guangdong), Xi Xiangdong (Shandong), Xiajun (Guangdong)
Xiao Fanghua (Guangdong), Xiao Guozhen (Beijing), Xiao Yunyang (Guizhou), Xie Yang (Hunan), Xiong Dongmei (Shandong), Xu Can (Beijing), Xu Tao (Hubei), Xu Zhong (Shandong), Xu Hongwei (Shandong), Xu Xianghui (Guangdong)
Xu Fugui (Shandong), Xu Guijuan (Shandong), Xue Rongmin (Shanghai), Yan Anle (Henan), Yan Wangli (Hunan), Yang xu (Guangdong), Yang Xuan (Hunan), Yang Hong (Heilongjiang), Yang Huiwen (Beijing), Yang Mingkua (Yunnan)
Yang Zaixin (Guangxi), Yao Bei (Shanghai), You Feizhu (Zhongqing), Yu Quan (Sichuan), Yu Wensheng (Beijing), Yu Shijun (Jiangsu), Yuan Yanhong (Shandong), Yu Tianbiao (Inner Mongolia), Yue Jinfu (Shandong), Zhang Guo (Hunan)
Zhang Hai (Shandong), Zhang Jing (Yunnan), Zhang Jun (Hubei), Zhang Kai (Shandong), Zhang Lei (Beijing), Zhang Ren (Beijing), Zhang Ying (Sichuan), Yuan Xianchen (Heilongjiang, legal worker), Zhang Chengmao (Beijing), Zhang Jiankang (Shannxi)
Zhang Jinhong (Henan), Zhang Junjie (Henan), Zhang Keke (Hubei), Zhang Tingyuan (Zhongqing), Zhang Weiyu (Shandong), Zhang Xiaodan (Hubei), Zhang Wenfeng (Heilongjiang), Jia Xiaojun (Shanxi), Zhang Xinnian (Beijing), Zhang Yansheng (Beijing)
Zhang Yujuan (Hunan), Zhang Zanning (Jiangxi), Zhang Zhongshi (Hunan), Zhao Qing (Beijing), Zhao Fuxing (Guizhou), Zhao Hexu (Shandong), Zhao Qingshan (Sichuan), Zhao Wenyong (GuiZhou), Zhao Yonglin (Shandong), Zheng Xiang (Shandong)
Zheng Enchong (Shanghai), Zheng Weiping (Zhejiang), Zhong Jinhua (Shanghai), Zhou Houyou (Hunan), Zhou Jianping (Jiangsu), Zhou Lixin (Beijing), Zhou Shimin (Jiangxi), Zhou Yujie (Jilin), Zhou Yunchang (Shandong), Li Duilong (Shandong)
Zhu Ning (Sichuan), Zhu Yingming (Jiangsu), Zou Lihui (Fujian), Zhuang Daohe (Zhejiang), Zhu Bao (Heilongjiang)
[1] Meaning crimes that are handy for use any time.
[2] Translator’s note: the 50-cent-army is the colloquial term for Internet commentators in China hired by the propaganda authorities to manipulate public opinion for the benefit of government or the Communist Party. The little pinkies is another term used especially for those young ones with fervent with nationalist sentiments.
[3] Translator’s note: Shuanggui is a disciplinary measure of the Chinese Communist Party for its members. It requires the member at stake to be questioned at a designated placed and time. It is commonly criticised as an extrajudicial measure which is notorious for the use the torture.
[4] Translator’s note: Residential surveillance at designated location is a criminal compulsory measure provided by the Criminal Procedure Law in China. It allows the police to detain the suspect for 6 months anywhere outside the detention centre as decided by the police. The measure has been criticised as giving the police too much power. Torture is known to be common during detention of this kind.
