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You have the right to remain silent: Locking up the Lawyers to silence the clients
posted Sunday, 10 April 2005
The image of Chinese justice took another step backwards on 4 March 2005, when it was revealed that Guo Guoting, a mainland Chinese lawyer, had been placed under house arrest then prohibited from practicing law for one year for "anti-constitutional speeches and acts".
Prior to his prohibition on practicing law, Guo had defended imprisoned journalists Huang Jinqiu, Shi Tao, and Zhang Lin as well as an unspecified number of political and social activists and religious practitioners, and had, on several occasions, been threatened by Shanghai authorities, who warned him that he should stop defending dissidents.
Guo’s censure has been broadly condemned as being part of Beijing’s continuing efforts to stifle voices that differ from the official government line on social, political, and historical issues
It is feared that Beijing is trying to make it easier to detain and sentence dissidents by intimidating lawyers who might otherwise represent those who speak out against the government.
Under international laws, to which China is a signatory, governments are prohibited from censuring a lawyer because of the clients that they defend, or from associating a lawyer with a client or cause involved in a case. They are also bound to protect lawyers throughout the conduct of their legal duties.
Guo’s censure comes a matter of months after the detention of Li Boguang, a legal expert who worked with jailed New York Times worker Zhao Yan.
Li was detained by Chinese authorities in December 2004
Li and Zhao had been helping peasants whose land had been seized by local authorities in the city of Fu’an.
Prior to his prohibition on practicing law, Guo had defended imprisoned journalists Huang Jinqiu, Shi Tao, and Zhang Lin as well as an unspecified number of political and social activists and religious practitioners, and had, on several occasions, been threatened by Shanghai authorities, who warned him that he should stop defending dissidents.
Guo’s censure has been broadly condemned as being part of Beijing’s continuing efforts to stifle voices that differ from the official government line on social, political, and historical issues
It is feared that Beijing is trying to make it easier to detain and sentence dissidents by intimidating lawyers who might otherwise represent those who speak out against the government.
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[The
actions taken against Guo once again highlight] the failure of the Chinese
government to accommodate criticism or to ensure adequate legal protection
for those who express dissent." Ann Cooper, Executive Director CPJ |
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Under international laws, to which China is a signatory, governments are prohibited from censuring a lawyer because of the clients that they defend, or from associating a lawyer with a client or cause involved in a case. They are also bound to protect lawyers throughout the conduct of their legal duties.
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“Governments
shall ensure that lawyers ….. 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.” (Section 16C) “Lawyers
shall not be identified with their clients or their clients' causes as a
result of discharging their functions.” (Section 18) Basic Principles on the Role of
Lawyers, United Nations |
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Guo’s censure comes a matter of months after the detention of Li Boguang, a legal expert who worked with jailed New York Times worker Zhao Yan.
Li was detained by Chinese authorities in December 2004
Li and Zhao had been helping peasants whose land had been seized by local authorities in the city of Fu’an.
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