Beijing: 'Without this stamp, I can't practice law," Jiang Tianyong
says as he pulls a leathery booklet out of his shirt pocket. He points
to a dog-eared page near the back of the book: A red imprint there
grants him permission to practice law in China until May 31. The
following page, where his renewal stamp should be, is blank. In a few
days he'll be disbarred.
Mr. Jiang is one of at least a dozen
prominent human-rights lawyers across China on the verge of disbarment
in what appears to be a clampdown on their practice. Chinese lawyers
must renew their credentials every year in May at their local judicial
bureau or lawyers association through a perfunctory process known as
the "annual exam." There is no actual test involved -- the association
or bureau simply summons lawyers to its offices, confirms they have
paid their dues and gives them a stamp.
But it doesn't always
work this way. Mr. Jiang's story is a case in point: A former school
teacher from Henan province, last year he led a group of lawyers who
volunteered to represent Tibetans after the March 14 riots. That April,
the Judicial Bureau sent his firm a warning letter; then the head of
his firm asked him to stop taking sensitive cases and giving interviews
to foreign media. He acceded to neither request and the Judicial Bureau
refused to renew his license until the end of June, leaving him unable
to practice for a month. This year he has continued to handle
high-profile cases involving Tibetan monks, one of whom was released a
few weeks ago as a result of work by Mr. Jiang and his partner. He
doesn't expect his license to be renewed before it expires Sunday.
Last
year Mr. Jiang was one of at least three rights lawyers known to have
temporarily lost their licenses in this way, but this year there may be
many more. I spoke by telephone or in person to 16 human-rights lawyers
who have yet to renew their licenses. Some may receive their licenses
before the May 31 deadline or shortly afterwards. But none of them will
miss the official warning signal.
"Other lawyers and law firms
have all been approved," says lawyer Li Fangping, who recently handled
a Tibetan case with Mr. Jiang. "It is only firms and lawyers who take
human-rights cases who will have to stop [practicing]."
When
asked about this trend, an official at the Beijing Judicial Bureau
pointed out that the deadline for license renewal is still some days
away. "All lawyers are treated equally," said Dong Chunjiang, a deputy
director at the Judicial Bureau. He disputed the premise that some
lawyers were "rights lawyers," saying: "Our 19,000 lawyers are all
protecting people's rights."
Some lawyers disagree that the
government is treating them equally. They believe the license delay is
linked to the sensitivity of the anniversaries of the June 4 Tiananmen
crackdown and the founding of the People's Republic, as well as a
general tightening of control. "The Ministry of Justice uses the
'annual exam' to limit and restrict lawyers' professional rights," says
Xie Yanyi, who handles cases for people with AIDS and represents
farmers in land-rights cases.
The last few months have also seen
an uptick in physical violence and detentions of these lawyers. In
April, two were badly beaten by thugs in separate incidents. Earlier
this month, lawyers Zhang Kai and Li Chunfu were beaten up and detained
while investigating a case in Chongqing.
For lawyers who lose
their licenses, there is little recourse. Although technically they are
allowed to sue the Ministry of Justice for reinstatement, there have
been no successful cases of this nature in the past.
The lawyers
who face suspension as of Sunday have handled a variety of cases, from
representing parents whose children died in flimsy school buildings
during the Sichuan earthquake to helping victims of the toxic
milk-powder scandal sue for compensation. What these cases have in
common is that they show what a powerful ally the law can be for
China's underdogs.
While those cases may have sealed their fates
as far as license renewal is concerned, many human-rights lawyers in
China say they are working toward the same goals advocated by their
political leaders. "People like us want to use our professional
knowledge to help society develop a legally based system," says Mr.
Jiang. "Also, I personally want to live in a society that is ruled by
the law."
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