Link
August 17, 2009
Chinese legal scholar Xu Zhiyong is still in detention for supposedly violating tax law. He’s part of an organization called The Open Constitution Initiative, or Gongmeng in Chinese. They take on welfare and human rights cases.
Chinese authorities are demanding that Gongmeng pay fines for overdue taxes. But now authorities are making it hard for them.
A report by the organization Chinese Human Rights Defenders says that Gongmeng asked supporters for donations to help pay the fines. But authorities have frozen Gongmeng’s bank account—and that makes it impossible for them to pay.
Meanwhile, Xu is still being detained.
Recent months have seen an increased number of arrests and trials of activists and lawyers in China.
Showing posts with label human rights in china. Show all posts
Showing posts with label human rights in china. Show all posts
Tuesday, August 18, 2009
"Chinese Lawyers "Disappear" After Seeking Justice" by NTDTV
Link
August 17, 2009
It's a chain of events that's becoming familiar: Chinese authorities are causing well-known lawyers to “disappear.”
Beijing attorney Xu Zhiyong was detained last month on alleged tax issues, and he hasn’t been seen since. He upset authorities by taking on cases involving civil rights violations and unfair imprisonment.
Xu had always fought for justice within the bounds of China’s legal system and constitution. But now he himself has been abducted and detained.
[Gao Wenqian, Senior Policy Advisor, Human Rights in China]:
“This judgment against Xu Zhiyong that the Chinese government is preparing is in fact not a judgment on Xu, but on the very nature of the Chinese legal system... The methods they are using against these civil rights groups really just display the cynicism with which they use these terms like 'rule of law.'”
But rule of law is precisely what Xu and many other lawyers are seeking. They’re involved in what's being called a “legal rights” movement. Some lawyers have been disbarred, some imprisoned.
Rights attorney Gao Zhisheng was arrested and tortured several times. He’s defended clients like Falun Gong practitioners and house Christians—two groups persecuted by the Chinese regime. He went missing again in February this year and his current whereabouts are unknown.
In 2006, legal rights activist Chen Guangcheng was sentenced to four years in prison. He had drawn attention to the plight of victims of China’s forced abortion program.
And in 2007, six lawyers from top Beijing law firms defended a Falun Gong practitioner—arguing that the Communist Party had violated her freedom of belief as guaranteed by the constitution. As a result, authorities intimidated them, and even abducted several of them, including prominent rights lawyer Teng Biao.
Clive Ansley works with Lawyers' Rights Watch Canada, an organization that supports lawyers whose rights are threatened in their home countries.
[Clive Ansley, China Country Monitor, Lawyers' Rights Watch Canada]:
"They see them [these lawyers] as a very real threat, and for very good reason, because these are people who genuinely believe in the rule of law. And the rule of law is just basically incompatible with political monopoly of power by a single party."
Just days ago, China’s justice minister announced that all lawyers should serve the Communist Party first, and that law firms would soon receive “Party liaisons.” Some see this as part of the Party’s attempt to control lawyers—and stifle dissent from within the legal profession.
Lawyer Clive Ansley says the Party feels it has no choice.
[Clive Ansley, China Country Monitor, Lawyers' Rights Watch]:
"The implementation of genuine rule of law, meaning that the law is the ultimate authority, would be the end of the Chinese Communist Party's monopoly of power."
August 17, 2009
It's a chain of events that's becoming familiar: Chinese authorities are causing well-known lawyers to “disappear.”
Beijing attorney Xu Zhiyong was detained last month on alleged tax issues, and he hasn’t been seen since. He upset authorities by taking on cases involving civil rights violations and unfair imprisonment.
Xu had always fought for justice within the bounds of China’s legal system and constitution. But now he himself has been abducted and detained.
[Gao Wenqian, Senior Policy Advisor, Human Rights in China]:
“This judgment against Xu Zhiyong that the Chinese government is preparing is in fact not a judgment on Xu, but on the very nature of the Chinese legal system... The methods they are using against these civil rights groups really just display the cynicism with which they use these terms like 'rule of law.'”
But rule of law is precisely what Xu and many other lawyers are seeking. They’re involved in what's being called a “legal rights” movement. Some lawyers have been disbarred, some imprisoned.
Rights attorney Gao Zhisheng was arrested and tortured several times. He’s defended clients like Falun Gong practitioners and house Christians—two groups persecuted by the Chinese regime. He went missing again in February this year and his current whereabouts are unknown.
In 2006, legal rights activist Chen Guangcheng was sentenced to four years in prison. He had drawn attention to the plight of victims of China’s forced abortion program.
And in 2007, six lawyers from top Beijing law firms defended a Falun Gong practitioner—arguing that the Communist Party had violated her freedom of belief as guaranteed by the constitution. As a result, authorities intimidated them, and even abducted several of them, including prominent rights lawyer Teng Biao.
Clive Ansley works with Lawyers' Rights Watch Canada, an organization that supports lawyers whose rights are threatened in their home countries.
[Clive Ansley, China Country Monitor, Lawyers' Rights Watch Canada]:
"They see them [these lawyers] as a very real threat, and for very good reason, because these are people who genuinely believe in the rule of law. And the rule of law is just basically incompatible with political monopoly of power by a single party."
Just days ago, China’s justice minister announced that all lawyers should serve the Communist Party first, and that law firms would soon receive “Party liaisons.” Some see this as part of the Party’s attempt to control lawyers—and stifle dissent from within the legal profession.
Lawyer Clive Ansley says the Party feels it has no choice.
[Clive Ansley, China Country Monitor, Lawyers' Rights Watch]:
"The implementation of genuine rule of law, meaning that the law is the ultimate authority, would be the end of the Chinese Communist Party's monopoly of power."
Friday, August 14, 2009
¨Jailing Xu Zhiyong A legal scholar's case tests China on the rule of law¨ by The Washington Post Opinion
Link
August 14, 2009
AT THE CONCLUSION of the Strategic Economic Dialogue on July 28, the United States and China issued a news release affirming "the importance of the rule of law to our two countries." One day later, Chinese police led prominent legal scholar Xu Zhiyong out of his apartment to be detained indefinitely.
Few people embrace the rule of law in China as openly or as wholeheartedly as Mr. Xu. After graduating from one of China's most prestigious law schools, he has dedicated his life to fighting for justice by means of the Chinese legal system. He has represented the parents of more than 300,000 children affected by melamine-contaminated milk, opposed secret "black jails" and fought for the rights of death row inmates. Mr. Xu is a strong proponent of working within the system for change -- so much so that he ran for office in one of China's rare contested elections and won. Along with his colleagues at the Open Constitution Initiative, which he helped establish, Mr. Xu is a highly visible legal figure to whom people have increasingly turned as they gained awareness of their constitutional rights.
Nongovernmental organizations such as the Open Constitution Initiative, or Gongmeng, occupy an uneasy place in China. Many register as businesses to avoid dealing with a system that limits the number of NGOs and that requires government agencies to oversee their operations. This decision leaves them in a legal gray area, and in July, Chinese authorities charged that Gongmeng was improperly registered and had failed to pay taxes. Officials entered the organization's offices and confiscated dozens of files.
Mr. Xu was confident that he could defend his organization against these allegations by his usual means: through the system. But scarcely a week before he was to appear in court, police took him from his home.
He is not the first to see his trust in the system backfire. Last month, China refused to renew the licenses of 53 human rights lawyers whose cases troubled the Communist Party. But by taking on a figure as public and as scrupulously law-respecting as Mr. Xu, the Chinese government has crossed a new line. China frequently affirms its commitment to the "rule of law." But because the Chinese judiciary is not independent -- its chief justice is a longtime party member who lacks a law degree -- and court decisions often depend upon policy calculations, it is thanks only to the tireless efforts of those such as Mr. Xu that the "rule of law" might come to mean anything at all.
According to Chinese practice, Mr. Xu can be held for 30 days while the government decides whether to press charges; during this interval, protests from abroad might have some impact. In February, Secretary of State Hillary Rodham Clinton said that human rights issues should not "interfere" in the discussion with China. But engaging with China does not mean abdicating the responsibility to strenuously object to its human rights violations -- especially in such an egregious case as the detention of Mr. Xu.
August 14, 2009
AT THE CONCLUSION of the Strategic Economic Dialogue on July 28, the United States and China issued a news release affirming "the importance of the rule of law to our two countries." One day later, Chinese police led prominent legal scholar Xu Zhiyong out of his apartment to be detained indefinitely.
Few people embrace the rule of law in China as openly or as wholeheartedly as Mr. Xu. After graduating from one of China's most prestigious law schools, he has dedicated his life to fighting for justice by means of the Chinese legal system. He has represented the parents of more than 300,000 children affected by melamine-contaminated milk, opposed secret "black jails" and fought for the rights of death row inmates. Mr. Xu is a strong proponent of working within the system for change -- so much so that he ran for office in one of China's rare contested elections and won. Along with his colleagues at the Open Constitution Initiative, which he helped establish, Mr. Xu is a highly visible legal figure to whom people have increasingly turned as they gained awareness of their constitutional rights.
Nongovernmental organizations such as the Open Constitution Initiative, or Gongmeng, occupy an uneasy place in China. Many register as businesses to avoid dealing with a system that limits the number of NGOs and that requires government agencies to oversee their operations. This decision leaves them in a legal gray area, and in July, Chinese authorities charged that Gongmeng was improperly registered and had failed to pay taxes. Officials entered the organization's offices and confiscated dozens of files.
Mr. Xu was confident that he could defend his organization against these allegations by his usual means: through the system. But scarcely a week before he was to appear in court, police took him from his home.
He is not the first to see his trust in the system backfire. Last month, China refused to renew the licenses of 53 human rights lawyers whose cases troubled the Communist Party. But by taking on a figure as public and as scrupulously law-respecting as Mr. Xu, the Chinese government has crossed a new line. China frequently affirms its commitment to the "rule of law." But because the Chinese judiciary is not independent -- its chief justice is a longtime party member who lacks a law degree -- and court decisions often depend upon policy calculations, it is thanks only to the tireless efforts of those such as Mr. Xu that the "rule of law" might come to mean anything at all.
According to Chinese practice, Mr. Xu can be held for 30 days while the government decides whether to press charges; during this interval, protests from abroad might have some impact. In February, Secretary of State Hillary Rodham Clinton said that human rights issues should not "interfere" in the discussion with China. But engaging with China does not mean abdicating the responsibility to strenuously object to its human rights violations -- especially in such an egregious case as the detention of Mr. Xu.
¨Legal rights violations in China: Should Obama speak up?¨ Los Angeles Times Opinion
Link
August 13, 2009
In what seems to be part of a crackdown on civil rights lawyers in China, the Chinese government has arrested prominent civil rights lawyer Xu Zhiyong on tax fraud charges. Zhiyong, who has not been heard from since his arrest two weeks ago, started the nonprofit Open Constitution Initiative legal clinic six years ago, which has recently represented victims of the poisoned milk powder that left three children dead and 6,000 sick in China. Zhiyong's clinic was shut down for "tax evasion." Experts say this arrest does not bode well for the already precarious rule of law in China, and human rights activists across the political spectrum are calling for President Obama to speak up on the issue.
While the Chinese government over the last several years has made much progress in multiple areas of law, including trade and corporate issues, civil rights law is less established and growing slowly because of the risks lawyers who practice in this field face. Very few lawyers (Freedom Watch says there are only several dozen) are willing to take on cases such as defending parents whose infants were affected by poisonous baby formula or death row inmates.
Xu was one of the few. Many of his fellow lawyers have been disbarred and believe they will never be reinstated as practicing attorneys, even though they were working within the law to try make change in China. "None of these guys were going around the government," Sophie Richardson of Human Rights Watch told me. "They took cases to court that were violations under Chinese law. It's not an anomaly when you disbar the only 50 people who practice this kind of law."
The question is, why now? According to Clayton Dube, associate director of the USC U.S.-China Institute, many blame this recent crackdown on the upcoming celebration of the 60th anniversary of Communist China. He says the government's skepticism of these lawyers started back with the earthquake in the Sichuan province, continued with the Tibetan protests (many of whom were represented by rights lawyers) and grew with the milk contamination cases. In other words, this isn't a new phenomenon.
Both Freedom Watch and Human Rights Watch have said that they wish the Obama administration would do more to confront China over the violation of legal and civil rights, the effects of which they say are not only felt by Chinese citizens but often also by foreigners, as was the case with the exported baby formula.
Should the Obama administration speak out against the infringement of human rights in China and the deterioration of this field of law? China is a strategic partner that might not react well to harsh criticism from its economic ally. Even so, is it the president's duty to press on this issue and risk economic consequences for the United States?
August 13, 2009
In what seems to be part of a crackdown on civil rights lawyers in China, the Chinese government has arrested prominent civil rights lawyer Xu Zhiyong on tax fraud charges. Zhiyong, who has not been heard from since his arrest two weeks ago, started the nonprofit Open Constitution Initiative legal clinic six years ago, which has recently represented victims of the poisoned milk powder that left three children dead and 6,000 sick in China. Zhiyong's clinic was shut down for "tax evasion." Experts say this arrest does not bode well for the already precarious rule of law in China, and human rights activists across the political spectrum are calling for President Obama to speak up on the issue.
While the Chinese government over the last several years has made much progress in multiple areas of law, including trade and corporate issues, civil rights law is less established and growing slowly because of the risks lawyers who practice in this field face. Very few lawyers (Freedom Watch says there are only several dozen) are willing to take on cases such as defending parents whose infants were affected by poisonous baby formula or death row inmates.
Xu was one of the few. Many of his fellow lawyers have been disbarred and believe they will never be reinstated as practicing attorneys, even though they were working within the law to try make change in China. "None of these guys were going around the government," Sophie Richardson of Human Rights Watch told me. "They took cases to court that were violations under Chinese law. It's not an anomaly when you disbar the only 50 people who practice this kind of law."
The question is, why now? According to Clayton Dube, associate director of the USC U.S.-China Institute, many blame this recent crackdown on the upcoming celebration of the 60th anniversary of Communist China. He says the government's skepticism of these lawyers started back with the earthquake in the Sichuan province, continued with the Tibetan protests (many of whom were represented by rights lawyers) and grew with the milk contamination cases. In other words, this isn't a new phenomenon.
Both Freedom Watch and Human Rights Watch have said that they wish the Obama administration would do more to confront China over the violation of legal and civil rights, the effects of which they say are not only felt by Chinese citizens but often also by foreigners, as was the case with the exported baby formula.
Should the Obama administration speak out against the infringement of human rights in China and the deterioration of this field of law? China is a strategic partner that might not react well to harsh criticism from its economic ally. Even so, is it the president's duty to press on this issue and risk economic consequences for the United States?
Sunday, August 9, 2009
"Xu Zhiyong in Custody Seven Days; Still No Official Explanation," by Human Rights in China
Link
August 4, 2009
August 4, 2009
Seven days after Xu Zhiyong (许志永), the director of Gongmeng, a public interest organization in Beijing, was taken away by Beijing Municipal Public Security Bureau’s Homeland Protection, there is still no official explanation for his detention. According to unofficial reports, Xu Zhiyong is being detained on tax evasion charges and is currently being held at the Beijing No. 1 Detention Center.
Gongmeng, also known as Open Constitution Initiative (OCI), is an organization set up to provide legal consultation and assistance to the public. Despite the public-interest nature of its work, Gongmeng has registered as a for-profit company in order to operate independent of government control. Under Chinese regulations, all civil society organizations must be supervised by a high-level government unit, an arrangement that effectively puts them under direct government control. On July 17, the Chinese authorities shut down Gongmeng’s Law Research Center, citing its failure to register with the government. Three days earlier, tax authorities had ordered Gongmeng to pay 1.42 million yuan ($208,000) in fines for tax violations. Gongmeng’s website has also been shut down by the authorities.
Xu Zhiyong, 36, is a professor at the Beijing University of Posts and Telecommunications and was a representative of Beijing’s Haidian District at the Thirteenth and Fourteenth People’s Congress. In October 2003, he, Yu Jiang, and Teng Biao founded Gongmeng with the goal of advancing the rule of law and social justice, and promoting civil rights defense activities. Its high effectiveness has gained it the moniker the “cradle” of China’s rights defense lawyers. It recently provided continuous legal assistance to the victims of the Sanlu tainted milk scandal in their damages compensation lawsuit.
Xu Zhiyong was born in Minquan County, Henan Province. Having resolved in middle school to devote himself to public service, he earned his Bachelor of Law and Master of Law degrees at Lanzhou University. He later entered Peking University Law School, where he gained a doctorate. His pursuit of rights defense issues has included many famous cases: in 2003, Xu Zhiyong, Yu Jiang, and Teng Biao petitioned the People’s Congress in the Sun Zhigang incident,1 and one month later, the custody and forced repatriation procedure was abolished. Xu Zhiyong also defended the legal rights and interests of privately-run enterprises in the Sun Dawu2 case and represented Chen Guoqing3 from Chengde in a nine-year-long case of deferred death sentence. Unafraid of violence, he has persisted in investigating “black jails” used to lock up government petitioners.
Human Rights in China urges the international community to scrutinize the progress of Xu Zhiyong’s case. “It is clear the authorities are using the legal process to harass and prosecute right defense lawyers,” said Sharon Hom, executive director of Human Rights in China. “By suppressing Xu Zhiyong, who is a moderate voice for social change and has dedicated his career to helping forge a society with genuine rule of law, the authorities are running the risk of radicalizing the forces for reform and change in China.”
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