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SINO DAILY
Six months after China crackdown lawyers strike back
By Tom HANCOCK
Beijing (AFP) Jan 8, 2016


Anguish for families of missing China lawyers
Tianjin, China (AFP) Jan 8, 2016 - Every day Li Wenzu's son asks her why his daddy has not come home, she says. Her husband went missing six months ago in a sweeping crackdown on Chinese human rights lawyers, but she tells the three-year-old he is on a "business trip".

Her husband Wang Quanzhang was among more than 130 legal staff -- along with around 70 activists -- taken away by police in a July sweep aimed at courtroom critics of Communist authorities.

She only learned that he had been detained from a television broadcast labelling his law firm as rabble-rousing criminals.

Now she is on a desperate and fruitless search for answers from officials.

Wearing black, she wiped a stream of tears from her cheeks with a napkin, as their child toyed with a mobile phone.

"I cry every day," she said. "Our lives have been turned upside down."

At least 16 lawyers and their colleagues remain detained, most under a form of detention that allows them to be held at locations outside official facilities for six months -- so it should technically expire this weekend.

Chinese law also authorises those suspected of state security offences to be held in isolation from the outside world, effectively enabling authorities to legally make people disappear.

Two defence lawyers Li appointed told her they were forced to withdraw their services after government intimidation.

Eventually attorneys received a notice indicating he was held in the northern city of Tianjin, but could not be visited on "state security" grounds.

A string of visits to the city by his lawyers and relatives have proved fruitless.

"For these months, we have always been trying to use legal means, but to no avail," she said. "The current legal environment is like Beijing's pollution, all darkness with no sunlight.

"We are under a lot of economic pressure, which is painful. But the main thing is we are terrified for his personal safety," Li added.

On Thursday about a dozen relatives and their lawyers gathered in blistering cold outside the Hexi District Detention Centre in Tianjin, in yet another attempt to seek answers -- but were met with a wall of silence.

"If they are not released we will fight on," Li declared. "Yesterday when I left home I was followed, there is nothing I could do but leave my child at home," she added.

The three-year-old is not the only child to suffer in the crackdown -- Bao Zhuoxuan, 16, whose mother Wang Yu is among the detained lawyers, is also being held under a form of house arrest, friends say.

The teenager was seized in October after trying to escape China overland to neighbouring Myanmar, state-run media said.

State television showed Wang and her husband -- also a detained lawyer -- breaking down in tears on hearing the news of their son's capture.

Among the missing are two legal assistants in their twenties.

Working to defend some of China's most vulnerable people seemed natural for one of them -- 24-year-old Zhao Wei, who cooked meals for HIV/Aids patients at university, and had taken part in feminist protests for more women's toilets, her husband You Minglei told AFP.

A state security agent travelled some 1,400 kilometres (900 miles) with him from his hometown to Tianjin as he tried to seek answers, and insisted on sleeping in the same hotel room.

"It was one room, two beds," he said.

In an account posted on the Internet which she confirmed to AFP, Zhao's mother described travelling to Tianjin for her daughter's 24th birthday, some 100 days after she went missing.

"I had massive worries, disappointment and pain, there was no way to express my feelings in words," she said.

"I said it's my daughter's birthday, I want to give her a cake and some clothes. Policeman Zhao said: that's not permitted," she added, referring to the policeman she met at the scene.

Chinese security agents hooded one as they bundled him into a vehicle. Police seized others at home as their horrified families watched. More, alone when they disappeared, sent frantic text messages to friends.

Six months ago, China's biggest-ever crackdown on human rights lawyers saw state agents question more than 130 attorneys and their colleagues.

Among those who were taken away at least 16 people are still being held in secret, leaving their families isolated and fearful.

The sweep demonstrates the hollowness of the Communist Party's loudly proclaimed commitment to the rule of law, campaigners say, and is an attempt to end efforts to use China's tightly-controlled legal system to independently challenge official injustice.

Now dozens of the rights lawyers are trying to employ that same system to defend their absent colleagues.

"The Communist Party uses weapons to maintain its rule. We cannot use guns, but at least we can use the law," said Yu Wensheng, who was among those held.

He represents lawyer Wang Quanzhang, but says police have denied him access to his client and refused to say where he is being held.

A document police sent him last month shows Wang -- who has defended members of the banned religious group Falun Gong -- is accused of "inciting state subversion" and "picking quarrels and provoking troubles".

It adds he is being held under a form of "residential surveillance" where suspects can be held for up to six months incommunicado in unofficial jails.

"In a detention centre there are rules, and prosecutors are responsible. But with residential surveillance, it's just the police themselves," Yu said. "We suspect they are subject to torture."

- 'Rule of law' -

China's courts are tightly controlled by the Communist Party, with forced confessions often used as evidence and guilty verdicts delivered in more than 99.9 percent of criminal cases.

Over the past decade a small group of a few hundred lawyers, sometimes with official encouragement, used the courts to seek redress -- sometimes successfully -- for what they considered egregious rights violations.

They include victims of forced demolitions, illegal "black jails", dissidents jailed for their writing, and others detained for practising their religious faith.

Beijing law firm Fengrui, which has defended victims of sexual abuse, members of banned religious groups and dissident scholars, was at the centre of the crackdown with seven of its staff still held.

The firm courted publicity in a censored media environment, taking legal activism "to a new level", Eva Pils, a transnational law specialist at King's College London, told AFP.

"Basically what the party-state has been trying to do is make an example of them. It raises the question of whether the government thinks it really needs defence lawyers."

- 'Criminal gang' -

Fengrui founder Zhou Shifeng, who advised the families of children poisoned by milk powder in a 2008 scandal, was led away from a Beijing hotel with a hood over his head on July 10, a witness told AFP.

A week later state TV showed him "confessing guilt" under detention in a report which said he had "inappropriate relationships" with at least five women.

Broadcaster CCTV said the lawyers had tricked clients and "created a nuisance" in court by rowing with officials, making recordings and taking photographs. No official charges were mentioned.

The official news agency Xinhua has described the lawyers as a "criminal gang".

Yu said Fengrui stirred the Communist Party's greatest fear -- organised dissent -- by connecting "grassroots people" and activists, disturbing "the authorities' political bottom line".

At a key meeting in 2014 the party declared it was pursuing the "rule of law with Chinese characteristics", vowing to protect suspects' and lawyers rights' and create a fairer justice system to placate widespread anger over injustices.

But it also made clear that the ruling party -- which has tightened controls on dissent since Xi Jinping came to power -- would retain its supremacy over the legal system.

The detentions "make a mockery of President Xi Jinping's claims that China is governed by the rule of law," said Sophie Richardson, China director at campaign group Human Rights Watch.

- 'State security' -

The wife of Li Heping, who has defended dissident writers and environmental activists, watched helplessly as a crowd of police seized him at home, and he remains missing.

"There is no guarantee that he is safe," Wang Qiaoling told AFP.

"Lawyers are by definition people who say 'no'. The lawyers said 'no' to the situation facing people at the bottom of Chinese society, and they have been arrested for it."

Police have given the detained lawyers' attorneys indications their clients are probably being held somewhere in the northern port of Tianjin, and deny them access on grounds of "state security".

Faced with official obstruction, they have made freedom of information requests to police -- which have been sent back undelivered -- and attempted to take city authorities to court for abuse of power.

Still defiant, one of them, Tang Jitian, told AFP: "We try to make it as difficult as we can for the authorities, so they can't just treat these people as they wish."


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