Chinese Lawyers Fight Disbarment

By Hyo-Jin Paik
Impunity Watch Reporter, Asia

BEIJING, China – Two Chinese human rights lawyers are fighting moves to disbar them from practicing law for defending human rights activists.  Their case has drawn protests from others in the legal profession as well as activists groups.

The two lawyers, Tang Jitian and Liu Wei, could be disbarred because the Beijing Municipal Bureau of Justice has accused them of “disrupting order in court and interfering with proper litigation procedure.” 

Tang and Liu also stood a disbarment hearing last year in southwest China for defending members of the Falun Gong, a group that has been banned in China in 1999 after Falun Gong members protested around the Chinese Communist Party’s headquarters.  However, the two left the courtroom in protest.

Another hearing was held this week to decide whether the two should be permanently disbarred.  Amnesty International called the hearing “absurd” as the goal of the hearing is to revoke the two lawyers’ licenses for defending Falun Gong members.

Amnesty International’s Asia-Pacific Director Sam Zarifi said, “The notion that lawyers can be punished for presenting evidence and arguing their case in court is absurd.”

Zarifi added, “The Chinese Ministry of Justice must send a signal that it will protect lawyers from political intimidation and uphold their right and duty to defend their clients appropriately, in line with Chinese law and international legal standards.”

Teng Biao, who represented Tang and Liu at the administrative hearing before the Beijing Bureau of Justice, said, “This case is getting so much attention because it’s really about the basic ability of rights defen[s]e lawyers to represent people in court.”

In his defense, Tang also said, “In recent years, China’s gone into reverse.  The judiciary is paying more attention to politics, less to rule of law, and we felt we had to speak out.”

In the recent years, Chinese lawyers have used a combination of litigation and publicity to challenge the Chinese authorities’ laws and policies that restrict citizens’ rights.

Around 500 supporters of Tang and Liu gathered outside the hearing venue where they were met by 200 police officers.  Some 20 protesters were detained but most were released by end of the day.

“Escalating harassment of Chinese lawyers is seriously undermining the rule of law, and risks further lowering public trust in the Chinese legal system,” said Zarifi.

Tang and Liu are still awaiting the verdict.
For more information, please see:

Amnesty International – CHINESE HUMAN RIGHTS DEFENDERS SUBJECTED TO ‘ABSURD’ DISBARMENT HEARING – 22 April 2010

Reuters – China rights lawyers fight disbarment threat – 22 April 2010

Spero News – China: Lawyers for Human Rights demonstrate in Beijing against injustice – 22 April 2010

Author: Impunity Watch Archive