New: Chen Jiangang Special Article: The Situation of Chinese Human Rights Lawyers

Today, in China, there are no human rights lawyers, no believers of all religions, no dissidents, no internet leaders, no one dared to complain their grievances and choose to accept them silently. Probably most of the rest are kneeling. If you follow the people, can you give up freedom and different voices in exchange for security?  Common sense tells us, of course not.  (Information photo, Associated Press)

Today, in China, there are no human rights lawyers, no believers of all religions, no dissidents, no internet leaders, no one dared to complain their grievances and choose to accept them silently. Probably most of the rest are kneeling.

If you follow the people, can you give up freedom and different voices in exchange for security? Common sense tells us, of course not. (Information photo, Associated Press)

The gap with the lighthouse country

Afew days ago, I participated in Taiwan’s Central Broadcasting Program and discussed the tenth anniversary of the revocation of lawyers’ certificates by the Chinese government, two lawyers Tang Jitian and Liu Wei. At the same time, he reviewed the changes in China’s judicial and human rights situation over the past ten years. I learned a little bit about the practice of lawyers in Taiwan.

For example, once a lawyer’s certificate is obtained, this is almost a lifetime occupation. The government will not revoke the certificate, let alone the so-called annual inspection or assessment. Lawyers are also professionally protected in front of state agencies.

For example, even in the Formosa case a few decades ago, lawyers only faced the pressure of handling the case, but there was no risk of imprisonment. In fact, the lawyers who handled the case later became familiar to the public today, such as former President Chen Shuibian, today’s Executive Yuan Su Zhenchang, and today’s old lawyer Guo Jiren, who is still working for human rights. 

For another example, in 2014, a large number of students launched a “civil disobedience” movement. During the occupation of the Executive Yuan, many lawyers wore lawyers’ gowns and went deep into the environment to protect students. These lawyers are also safe, there is no danger of practicing, not to mention. Personal danger.

I mentioned that the professional environment of Chinese lawyers is deteriorating. One manifestation is that public authorities are trampling on the law wantonly, without guilt, and there is no need to hide. 

For example, we often encounter public prosecutors and legal personnel publicly saying to the lawyer,

“Don’t tell me the law, I only listen to the leader.”

For example, during the court session, the judge can clearly state that the law does not need to be followed.

This sounds absurd. , But the truth is as real as a stone. In April 2015, attorney Li Chunfu and I held a trial in Feng County Court, Jiangsu Province. According to the principle of presumption of innocence and legal provisions, the defendant should not be restrained in handcuffs and shackles during the trial. I clearly presented the legal basis to the judge and demanded respect for the defendant’s Right, because it is illegal to treat the defendant in this way. 

As a result, Judge Sun Wuzheng said, “If you break the law, you should break the law. Don’t mention it again.” I immediately marked that the premise of the court trial is a lawful trial and cannot be tried illegally, but the consequences are tragic. Judge Sun Wuzheng immediately instructed several bailiffs to turn me back. He twisted his arms to take him out of the courtroom and put him in the iron cage where the defendant was held.

This short story shocked the host. It is absolutely impossible for such a thing to happen in Taiwan, and it is absolutely impossible for any public official or even social worker to defy the law so openly, because this is the moral limit, and it is the most basic of a society to maintain normalcy. the rule of.

But where does such a short story go? The living conditions of human rights lawyers in China are much more serious than such short stories. Taiwan, as a beacon of democracy in Asia, has undergone decades of democratic transformation. Today, it is difficult for young people to understand what is called political high pressure. (Related report: Chen Guoxiang’s view: Facing the pressure of unification, Taiwan must “flatten the curve” more articles )

Outlook seven years ago

In the midsummer of July 2013, criminal defense celebrities Zhou Ze and Li Jinxing posted heroic posts, inviting lawyers to participate in the first anniversary seminar of the Xiaohe case in Guiyang to exchange criminal defense experience in “Shuangshuang Guiyang”. As a newcomer, I will accompany the last seat and participate in the grand event.

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