Beijing criminal defense lawyer in Linyi the distress after

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  • / Author: Aaron Lewis

[blogger press: found an article in the Yang Xuelin lawyer website, tells the story of punishment on lawyers by police, precisely the local Party committee and government retaliation. This is perhaps the China true portrayal of criminal distinguish lawyers handling cases of so-called sensitive. In the power raging today, lawyers who violated the interests of officials, even if is the case in accordance with the law, will be their take revenge. Because, they have power. In this paper, both before and after no author's name, so it can only such forwarding. ]

 

Beijing criminal defense lawyer distress after Linyi

2010-9-30 14:34:56
 
In April 9, 2006, Beijing Lawyer Association Constitution and the Commission on human rights at the end of the conference in Huairou, Zhang Lihui lawyers briefed me on the Shandong Linyi Chen Guangcheng case, asked whether to organize a lawyers to help them? I think this case should discuss.
 
The afternoon of April 17th, providing room by my meeting, the discussion in this case I will be held. Participants: Kyoto Institute of Wei Rujiu, Takahiro Takashika Cheng Hai, the Li Kechang time, Anping City Yellow founding, Huafeng by Li Wang, Zhengtai by Xiang Wujun, in the industry by Li Fangping, Zhejiang Xingxun Institute Beijing branch of Zhang Lihui and Capitel I.
Zhang Lihui described the case: Chen Guangcheng is blind, over the years has been the local wild implementation of the family planning problem for adults, subject to relevant departments against. More than half a year to be controlled in the village last year, Dr. Teng Biao Li Fangping lawyers and University of political science and law, to the village to meet Chen Guangcheng, the village did not go in, but played. Recently this has caused mass events, results, Chen Guangcheng, Chen Guangyu, Chen Guangjun, Chen Guang, Chen Guangdong, Chen and Gengjiang by Yinan Public Security Bureau arrested. Are suspected of "assembling a crowd to disturb traffic order" and "the destruction of public and private property crime". The family wanted to employ six lawyers, provide them with legal assistance. The local lawyers not involved, can only come to Beijing please. And those of us lawyers have participated in 410 cases last year Zhejiang Dongyang defense, more dare to speak the truth, so we intend to hire, but have no money to pay legal fees.
After discussion, decided:
1, in view of the case is not a criminal case simple, but relates to the issue of human rights, we as "the Constitution and the human rights committee" members, it is necessary to handle it. But in view of the case sensitive, need to report to the Beijing Municipal Bureau of justice, report by each solicitor alone; (report of things, a resolute opposition, two people think it is not necessary, Wei Rujiu and I, Li Kechang insisted on report)
2, to sign a perfect agreement and the power of attorney issued letters, law firms, procedures not a loophole;
3, the economy is very difficult, we fully agree to attorney fees, to provide legal assistance. But the case is not the government's "Legal Aid Center" assigned, and the government does not like lawyers to engage in their own legal aid, it shall be the appropriate charge. Decide every lawyer charges 2000 yuan, travel service.
4, should be coordinated with the local bureau of justice and politics and Law Committee, don't let them after hearing the first heads to Beijing (Shandong Tengzhou case is the first by the local government of Beijing took shape, resulting in passive);
5, the provisional law division of labor: Wei Rujiu, Zhang Lihui as Chen Guangcheng's lawyer; I served as Chen Guangyu's lawyer; Huang Kaiguo as Chen Guangjun's lawyer; Cheng Hai served as Chen Guanghe's lawyer; Wu Jun served as a lawyer for Chen Guangdong; Li Ke served as Chen Gengjiang's lawyer. As the rest of the candidate;
6, the preliminary decision Monday to come to Yinan to meet with the parties, by me as the case in this Thursday or five to buy train tickets.
 
In April 20th ten in the morning, I set and Wei Rujiu, Zhang Lihui, Li Kechang in Beijing City Bureau of justice, for collective report to the Bureau of Justice (the day before yesterday after the meeting, the majority of people believe that should not be reported separately, but should be collective report). But since today personnel to not neat, in addition to the situation changes: three captured personnel has been put out, may be released on bail. So, the lawyer arranged to adjust. I suggest another meeting, invite other view different lawyers, extensively solicit opinions. Five one completed before the meeting, report, handle the matters entrusted procedures, after the return to Linyi. Everyone agrees on the next Tuesday afternoon at my meeting, I notice concerned personnel.
But as already and Judicial Bureau Zhao contact, by Wei Rujiu a person to make a simple report. Wei Rujiu end up and say, the bureau already know it. It seems the local government expected to Beijing lawyer will intervene, advance to say hello.
 
On April 24th at nine thirty in the evening, I, Wei Rujiu, Zhang Lihui, Li Kechang, Huang Kaiguo, Li Heping, Li Fangping, Jiang Tianyong etc., in China University of Political Science and Law Changping auditorium listening to Jiang Ping constitutionalism after the speech, discussing whether to report problems, decided to nine tomorrow morning to go. (there are two lawyers resolutely opposed to report)
 
In April 25th nine a.m., I, Wei Rujiu, Zhang Lihui, Li Kechang, Huang Kaiguo, Cheng Hai in the Beijing Judicial Bureau 516 room, made a report to the Zhao, Zhu two in charge of the work of the staff. Zhao proposed: 1, can accept the authorization. Although the case has certain political background, but according to the criminal case as a case processing; 2, Shen on the media; 3, in accordance with the law; 4, and family conversation should pay attention to; 5, supplementary written report material; 6, can contact with the Shandong Department of justice; 7, even today to report on the Beijing case in Judicial Bureau for the record.
After the report, we decided after discussion: 1, afternoon by Zhang Lihui to complete a written report material and fax to the Bureau of justice; 2, to go to Ji'nan tomorrow, go to the Shandong Provincial Department of communications. Stay one night in Ji'nan, to Linyi the day after tomorrow; the 3 major issues, the minority is subordinate to the majority, the individual lawyers can't sell; 4, at noon the fees collected by Li Kechang, unified management; 5, in view of the fact that Chen Guangyu and Chen Guangjun have been released on bail, I turned to Chen Gengjiang's lawyer, Wei Rujiu, Zhang Lihui still for Chen Guangcheng's lawyers, Huang Kaiguo Chen Guangyu's lawyer, Chenghai for Chen Guanghe's lawyers, Li Kechang Chen Guangdong's lawyer.
This afternoon, I will all the formalities materials ready, and ready to drive to Linyi tomorrow.
At night, Li Kechang said that although the parties have fees remitted, but showed no card. I think, we can do not bother about such costs, but because the case not become legal aid, must collect fees, this is principle.
 
In April 27th, in consultation with several lawyers, the original plan before the five one went to Linyi is late, decided to go after eight, five one, go to work to go to. Wei Rujiu and I went to the Shandong Provincial Department of justice report, others go directly to the Yinan.
 
The night of May 7th, I and Wei Rujiu respectively to Ji'nan.
 
The morning of May 8th, Wei Rujiu and I arrived at the Shandong Provincial Department of justice, we made a report to the director of pipe. The attitude is very good, ask us what are the requirements. The director said that if we go to the Linyi Judicial Bureau, he can say hello. We said to go, and ask for assistance. In fact, we mean a courtesy meeting, so we did not advance communication, occurred in the Zhejiang judicial department to Beijing in the US.
Afternoon, Wei Rujiu and I took a bus to Linyi, in the car that Huang Kaiguo and Cheng Hai has arrived in Yinan. Cheng Hai request to Interpol team make law procedures, I said Wei agreed. But later learned that Wei back messages that we two people do not agree, rejected the sea views, he was extremely dissatisfied. But because of "the minority is subordinate to the majority" resolution, he also dare not act presumptuously.
At four thirty in the afternoon, we went to the Linyi Municipal Bureau of justice, and there, chief. The section chief to come to our very happy, said the tasks assigned to him is active and Beijing to contact a lawyer, said former lawyer from Beijing get very nervous, said county magistrate heard Beijing lawyer head explode. He said the legal concept of this place is very bad, think we come this may very well, may also be very troublesome. I thanked him and wei.
Evening, we live in the Linyi intermediate people's court house. Eight o 'clock, Zhang Lihui, Huang Kaiguo, Cheng Hai, Li Kechang has been to Yinan, and decided I and Wei rushed to Yinan. Although this is the majority decision, but I think if not necessary, taking into account the safety factor, can not rush in the past, early in the morning on the lines of the past. Wei and they continue to debate, including us to the Linyi judicial bureau did not plan. Finally, we still don't have the time.
 
In May 9th six, Wei Rujiu and I took a taxi to the Yinan. After yesterday to Yinan lawyer simple rendezvous, we are eight points to reach Yinan County police team. One is said to be the new captain received us, for our lawyer procedures, and promised to arrange for an interview within forty-eight hours, let us again in the afternoon. But when it comes to Chen Guangcheng, he said he didn't know the man where, Public Security Bureau didn't catch him. We are very surprised to hear. We have to avoid conflict, affect other work, no entanglement. The Royal captain said, from now on we can wait for 48 hours.
Back to the hotel, we talk about, think they have been established for dealing with our approach and planning, we can not let down. But since he captain should we go in the afternoon, we should according to the police team continue to contact, otherwise, do not be caught by the handle? We should wait patiently for 48 hours. If after 48 hours is not scheduled to meet again, we take the next step. Our analysis, they in order to enable us to leave Yinan as soon as possible, may cooperate.
Lunch we went to the local shop to eat mutton soup, very delicious. After lunch, Huang Kaiguo was in a hurry to return to beijing.
Afternoon, we arrived at about the police team. But he is not the captain, is said to be just a big case, to deal with the. I don't think they have to hide our sincerity. But we have to wait until the end of the day inside the conference room. However, Chenghai not cool, to the office staff threatened to complain, and to the various departments to reflect the leadership, I think this is not good.
At night, we decided to change the schedule for tomorrow.
 
The morning of May 10th, we still went to the police team. Of course, still do not see the new captain, to call him, not connected. Because of our clients of all to him, without his procedures do not. We had to go to the captain, please find his royal captain. The captain surface promised to, but we have not reported what hope.
Ten minutes later, we left the police team. Wei Rujiu, Zhang Lihui went to the police station and double Hou dongshigu village, to search the whereabouts of Chen Guangcheng. Cheng Hai and I, Li Kechang back to the hotel to meet the families of two parties. According to my client, Chen Gengjiang's wife said, the local government know we Beijing lawyer, around the village was sent more people, not let people in, don't let them come to town. They cheat keeper said relatives to go to Mengyin, the result is to go to Mengyin and then via Yinan. I made her record, let her in the entrusting agreement and signed by. Through the family, we know, Chen Guangcheng was held at a resort, other people are being held in detention.
Soon, Wei Rujiu, Zhang Lihui back, informed of the situation. They go to the police station with two end, an instructor with Chen Guangcheng. The person said once questioned Chen Guangcheng, but placed within the legal time limit, but do not know where to go to, anyway does not admit the man. I think this person said this was not a conscience. Need to know Chen Guangcheng was blind, he can arrive where go to? Came out from the police station, Wei Hezhang went to dongshigu village, there was a large number of personnel keep guard at the entrance, don't let the village.
After lunch, Cheng hydantoin prior back to Beijing, left me and Wei Rujiu, Li Kechang, Zhang Lihui four. The four of us went to the police, of course, did not see the shadow of new captain. Wei Rujiu is not calm, and a female staff argued for a few, the woman would scold, said is not good, it is a bitch.
We left the police team, rental of visit. The driver is a veteran driver, very good. After talking with him about, Chen Guangcheng is very famous in the local, the nickname "little blind man" (that is, the blind means), help people to play a lot of lawsuit. The driver heard that we are here to help Chen Guangcheng, said admire, and willing to help us, that can use his car at any time.
After dinner, we go back to the hotel, found three unidentified people close behind us. Wei Rujiu is the first discovered, for our three people say "have tails". I did not look back, but from the front of the mirror and see someone following. We got back to the room, Wei Rujiu "invited" they come into the apartment, and of course they won't come in. After entering the house, we found two car without a license car downstairs, a Santana, a like new Changhe bread. The unidentified man in the two car, in our room at.
Our analysis, this group of people is the local government to hire people. When we were in Yinan hotel registration, they will know that we live in the room. They may have been observed in our movements. Two days ago we in addition to the Criminal Police Brigade, no other action, they may feel can also accept. But today we went to the police station and double Hou dongshigu village, and the village Party secretly to see us, they did not advance to master them, they feel you cannot accept, they will follow up the action from the hidden to the public. Our analysis, they are only tracking, estimation does not have what action. So we don't have to be afraid of, should according to the original plan, continue to negotiate meeting matters tomorrow, after forty-eight hours if not arrange to take further action.
No wonder this noon hotels to we move, reason is the hotel reception meeting. We certainly don't go.
We think we can make a test, to see how they are tracking. So they go out to fight the Shangjie, found that they had to come, also does not stop with the headlights of our. Wei Rujiu took out the camera to photograph them, put them annoyed. I saw they accelerated rushed with our parallel, kept honking, provocation. We worry about the accident, went back to the hotel to sleep. Meet a policeman at the door, is said to be for the conference to duty, I estimate there are monitoring our task.
The people downstairs waiting all night, we live together peacefully.
 
In May 11th, early in the morning to wake up, the original is someone to hold the wedding in a hotel. Yinan wedding is started in the morning, I go downstairs to see the fun, "Zhu Geliang hometown tourism investment" banner. I also found last night, tracking and monitoring our that Santana moved to a place. According to Zhang Lihui, his middle of the night to read, this car just in front of our house.
After breakfast, we four according to plan to fight the police team, the Santana to act recklessly and care for nobody tracking, not out of a few dangerous action. Fortunately, our driver technology, handled. Our car to ignore, we expect that they can't make a thing. The first of our work was met with problem representations, and wait for the arrival of forty-eight hours. Since then Yinan has begun illegal, we in law and the reason will prevail. So don't mess with these people tracking, in order to avoid New problems crop up unexpectedly.
The car to the police team in hospital, four of us in turn off, I entered the first floor hall directly. At this time, something that we terrified thing happened, that we the Yinan case failed completely, and have been arrested, beaten risk, which we later embarrassed escape from Yinan.
An hour later, when the two police to our inquiries and make a report, we know, a lawyer among us (hereinafter referred to as a lawyer) to the police said a word, he was caught by the handle and make a fuss. This sentence is with the back tracking vehicle related, this car without a license. I go downstairs and observation, this car and license, license plate is "BC6761 Lu", unexpectedly is Qingdao license plate, estimation is not necessarily true. I didn't notice, using a mobile phone camera down.
If things will be done this way, the people of Yinan Public Security Bureau was a fool. Caught a lawyer "of us false alarm", promptly adjust strategy, aimed at us. The first is a lawyer called for questioning, but also served notice "". We three people see a lawyer not with us to the police team two floor office, thinking that he is to what the entanglement with others. At this time, to two young police, produced documents, I began to ask: "you see a lawyer to the police say what?" I said don't see. When they asked me to another room alone, ask me, I hold on. They are helpless, can only three people in the presence of my inquiry. I do so, avoid being they crush one by one, is advantageous for the protection of a lawyer.
They do so in full compliance with the rules, you also can't pick out a problem. Of course, we three people can refuse to ask, and refuse to sign on the record, but considering we too tough for some unfavorable may even make a false case, that few people could catch up. Considering that we three people can be in favor of a lawyer's record, we agreed. Of course, we are all in the record of many words, we are to handle criminal cases, is tracked in the process of handling cases, hope to clear the matter up, ensure the lawyer handle cases according to law. The Yinan case law by anti investigation, we disagree. I wrote half a sheet of paper, write Zhang Lihui a, more than the police's notes. I have two young police documents copied down. In this process, in a high surname captain, in a threatening manner, without the law. The man accused us don't take notes, is for recorder. We at the camera and gave a refutation of the local government's remarks, scaring them off. They don't think we deal with, and to the chief of a surname Xie method. See the man to understand a little bit, we had a little time, give him a lesson.
Then who would look and others met with problems about? Who has time to safeguard the legitimate rights and interests of Chen Guangcheng? A lawyer of our personal freedom is restricted, the first problem is to keep the lawyers don't be done article to catch up, or by the administrative punishment, or be reflected in the Beijing judicial bureau.
At one thirty in the afternoon, we three were allowed to leave, a lawyer to be retained. After leaving the police team door, met waiting three tracking in there, is to challenge us in a threatening manner. Just deal with several police the case out, they were down, they will not continue to struggle, just follow us to the hotel. But as you can see, the smell of gunpowder has very strong. In fact, this is a police and tracking are playing, like the police to save us, we have Thanksgiving, how can I go to pick people wrong?
To the hotel, we three people emergency decision, a pressing matter of the moment is to ensure that a lawyer now don't have an accident, put beforehand case. Taking into account the chief surname Xie said on a lawyer to request the leadership, will have the possibility not detained afternoon, and a very small. We must do the work in the afternoon before work. So we decided to go to the local public security bureau, reflected in the forty-eight hours after not arranged to have the lawyers met with problems at the same time, the release of a lawyer requirements. If the problem is resolved, everyone together to leave Yinan, if the issue is not resolved, the three of us left Yinan, go to Linyi and Ji'nan negotiation. Stay in Yinan is very dangerous, don't suffer greater losses.
At two thirty in the afternoon, we three people go through the check-out, call yesterday a taxi, went to the Yinan public security bureau. That Santana immediately followed. To the Yinan Public Security Bureau, we go to the legal department, find the morning saw Xie section chief. He is not in, a woman comrade reception. We say to look for leadership, to solve the problem of demand met with Chen Guangcheng, because it has more than 48 hours, no arrangement is illegal. Out of contact with the person, will be back in a moment to say thank you to the police team, we immediately rushed past. We won't have what dangerous, past. That Santana was followed, ran ahead of us as a dangerous action is not. Fortunately, our driver Yao master properly handled, no problem. I see Yao master received a phone call at this time, didn't hear a few words hung up, called acoustic "neuropathy". Then he said that behind the person on the car hit, meaning "you people came to tell us, we are all Yinan people, you don't help them". Yao Master said to us, you through the case go, here I also mixed. That fear of retaliation. We encourage him, asking him not to fear.
To the police team, thank the section chief and the name high captain also in. A modified rough face morning, changed a kind. Not a little while, they have brought a lawyer. And they said, of lawyers to be studied and then make. A meeting with Chen Guangcheng, because he captain must travel seven or eight days to come back, suggested that we go back to Beijing, and telephone contact. What can we say? This is undoubtedly a step Miao chess people go: put us away (I suppose we check out, they will know that we are ready to go, otherwise, also changed in a threatening manner attitude does not).
The four of us out of the police team, decided to leave Yinan. But then we found, the Santana parked in the door of the police team, to be safe to leave Yinan is not easy. The driver master Yao said fear of retaliation is not willing to take the risk, and thank the section chief of the situation we take pleasure in other people's misfortune, that can not prove that people in tracking, and tracking is not illegal, the police is not good intervention. In fact, it was clear, they planned to do so, how can you expect the police to protect us? We said a lot of nice things to Yao master, please him trying to evade the santana. Yao Master said to go to gas.
When we stop for gas, appears extremely dangerous situation. Santana to the gas station, down to two men, walking toward us. The four of us frail scholar is certainly can't deal with them. We make up our minds, don't provoke them. If you play it again Li Fangping their event, will be as a case to handle. At least four of us will be brought to the public security bureau to investigate, a toss it in the middle of the night, the action is great. The driver master Yao said afraid to pull us out. We said no Yinan, look at the posture we cannot go out of Yinan, simply return to criminal police brigade. Yao master agreed, the engine car. Santana who heard the to the police team, there is no strong stopped.
After driving, may be moved by the spirit, Yao master showed large deadweight revolutionary spirit and great skill. He went to the police team in front of a virtual shake, speed up, along Yinan's high streets and back lanes, around the shuttle, trying to get rid of santana. But this Santana too difficult dumped, not all shot up. Yao master made a trick, suddenly turned into a small village, not see Santana to follow, we express a sigh of relief, decided to go to Ji'nan on the highway.
Absolutely we can not imagine that there is such a coincidence, the world! As we sped to the highway exit, but the oncoming santana. The last one hundred meters after the rendezvous, Jitiao maneuver, and follow up. This is no small village can turn into, but the road is very wide, not many cars, to get rid of after the car, can only rely on speed. Our emergency analysis: due to the highway exit pass double Hou Zhen intersection, when we entered the village, Santana thought we went to double Hou zhen. But he got double Hou Zhen intersection we did not find, thought we were back to Yinan, then back. Do not know god today to help who, even in the back on the road again meet on on a narrow path. Our analysis, the main task of Santana is prevented us from going double Hou Zhen, eventually drove us away. But the situation today is different, if we can catch up, may be personal vendetta. Therefore, we should speed up, as soon as possible on the high speed.
Because our car is new Santana, priority, in the speed not and in a short while, see the back of Santana speed slow down, soon Not the least trace was found.. However, we had two Hou Zhen junction, a Santana 2000 is coming, but not fast enough. When we enter the entrance, behind us 20 meters in the car stopped, no down what people. To estimate the first car was not catch up, the waiting in the double Hou Zhen crossing this car 2000 would notice. But the car of the people do not want to make a big thing, as long as we see on the highway, you can go back to report.
On the highway, I rest assured, but Li Kechang said, still be still suffering from the shock. According to his calculations, in the swing process more than half an hour, the speed basically more than 100 kilometers, if have what in front of, certainly an accident, let this old bones may explain the.
 
In late May 17th 6, in the meeting, the participants have Wei Rujiu, Zhang Lihui, Cheng Hai, Li Kechang and I. We decided to continue through the telephone, coordination, even at this stage can not meet, also for the prosecution or trial stage waiting, still can maintain the interests of the parties.
 
In June 17th, Zhang Lihui received telephone, said the Yinan Public Security Bureau has Chen Guangcheng's arrest notice to the family. We decided to go to Yinan.
 
In June 18th, after Zhang Lihui telephone, he and two lawyers new go, we have a few people to. I said I was in Shandong, only two hours drive from Yinan, you can go to the police, and negotiations, decided after the meeting I immediately rushed past.
 
In June 20th, I asked Zhang Lihui how message, he replied and tracking, but live together peacefully, it was just a bluff.
 
The afternoon of June 22nd, after a call that a lawyer for text too much, was taken to the Yinan Public Security Bureau, said that violates the security law. The lawyer Li Heping telephone confirmed this matter.
At night, after a message said Li Kechang lawyers scuffle with followers, Li Kechang was with the shoulders to the roadside ditch. 110 intervention, are all to be interviewed.
The evening of 8, Zhang to text messages that should be able to come back tonight.
The evening of 10, Zhang to text messages that had the new situation, there are dozens of police officers came to their room, the lawyer Cheng Hai camera robbed fell back, can now also don't come back.
 
The morning of June 24th, the lawyer Wei Rujiu telephone, said he has received a Zibo lawyer Li Kechang. He said yesterday they were playing.
 
Since then, Li Fang equal the lawyer to defend Chen Guangcheng. Li Fangping from Beijing to Yinan by bus, by unidentified people with iron bars and wounded, Beijing hospital treatment.