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Annual Report on the Situation of Human Rights Defenders in China ...

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<str<strong>on</strong>g>Annual</str<strong>on</strong>g> <str<strong>on</strong>g>Report</str<strong>on</strong>g> <strong>on</strong> <strong>the</strong> Situati<strong>on</strong> <strong>of</strong> <strong>Human</strong> <strong>Rights</strong> <strong>Defenders</strong> <strong>in</strong> Ch<strong>in</strong>a (2009)April 26, 2010April 2010, it appeared that <strong>on</strong>e lawyer had been stripped <strong>of</strong> his license while seven stillhad not had <strong>the</strong>ir licenses renewed. 94 In 2008, several <strong>of</strong> <strong>the</strong>se lawyers were given similarthreats, but <strong>in</strong> <strong>the</strong> end <strong>on</strong>ly <strong>on</strong>e lawyer, Teng Biao ( ), actually had his licenserevoked. 95彪 滕Dur<strong>in</strong>g 2009, several human rights lawyers also had <strong>the</strong>ir licenses to practice temporarilysuspended. In August, Guangzhou human rights lawyer Liu Shihui ( ) was asked toresign by <strong>the</strong> law firm he worked for, which was under pressure from <strong>the</strong> GuangzhouBureau <strong>of</strong> Justice to fire him. In September, Liu was notified by <strong>the</strong> Guangzhou Bureau<strong>of</strong> Justice that his license had been suspended for n<strong>in</strong>e m<strong>on</strong>ths for allegedly fail<strong>in</strong>g tocomply with some m<strong>in</strong>or procedural requirements <strong>in</strong> his handl<strong>in</strong>g <strong>of</strong> several cases. Liufiled an adm<strong>in</strong>istrative litigati<strong>on</strong> lawsuit aga<strong>in</strong>st <strong>the</strong> Bureau <strong>on</strong> <strong>the</strong> grounds that <strong>the</strong>punishment “had no factual nor legal basis” and <strong>the</strong> case was heard by a court <strong>on</strong> January25, 2010. 96 The court has yet to issue a decisi<strong>on</strong>. It is believed that Liu was punished fortak<strong>in</strong>g <strong>on</strong> “sensitive cases,” especially for represent<strong>in</strong>g impris<strong>on</strong>ed rights activist GuoFeixi<strong>on</strong>g (刘 辉 士郭Law firms that employ human rights lawyers can also be targeted for retaliati<strong>on</strong> by <strong>the</strong>government. For example, <strong>on</strong> February 17, Beij<strong>in</strong>g's Yit<strong>on</strong>g Law Firm, 97 known fortak<strong>in</strong>g <strong>on</strong> cutt<strong>in</strong>g-edge rights cases, was <strong>in</strong>formed by <strong>the</strong> Haidian District branch <strong>of</strong> <strong>the</strong>Beij<strong>in</strong>g Bureau <strong>of</strong> Justice that <strong>the</strong> firm would be forced to close for six m<strong>on</strong>ths for “reorganizati<strong>on</strong>.”Lawyers at <strong>the</strong> firm believed that <strong>the</strong> closure was <strong>in</strong> retaliati<strong>on</strong> for <strong>the</strong>advocacy <strong>of</strong> some <strong>of</strong> <strong>the</strong> firm’s lawyers for direct electi<strong>on</strong>s <strong>of</strong> <strong>the</strong> leadership <strong>of</strong> <strong>the</strong>government-c<strong>on</strong>trolled Beij<strong>in</strong>g Lawyers Associati<strong>on</strong> <strong>in</strong> 2008. Even though this six-m<strong>on</strong>thperiod has l<strong>on</strong>g s<strong>in</strong>ce passed, at <strong>the</strong> time <strong>of</strong> writ<strong>in</strong>g <strong>the</strong> firm still had not been permitted tore-open. 98F<strong>in</strong>ally, 2009 was also marked by a series <strong>of</strong> assaults directed at lawyers. BetweenFebruary and May, Beij<strong>in</strong>g lawyers Li Baiguang ( Cheng Hai ( Zhang Kai( and Li Chunfu ( as well as Guangxi lawyer Yang Zaix<strong>in</strong> ( wereassaulted <strong>in</strong> separate <strong>in</strong>cidents by government <strong>of</strong>ficials or unidentified <strong>in</strong>dividualsbelieved to be closely related to local authorities. In <strong>the</strong> case <strong>of</strong> Zhang Kai and Li Chunfu,<strong>the</strong>y were taken <strong>in</strong> for <strong>in</strong>terrogati<strong>on</strong> by policemen from <strong>the</strong> PSB <strong>in</strong> Ch<strong>on</strong>gq<strong>in</strong>g whilevisit<strong>in</strong>g <strong>the</strong>ir clients, <strong>the</strong> family <strong>of</strong> an elderly Falun G<strong>on</strong>g practiti<strong>on</strong>er who had died <strong>in</strong> anRTL camp. Zhang and Li were beaten, kicked, locked <strong>in</strong> an ir<strong>on</strong> cage and had <strong>the</strong>ir handscuffed <strong>in</strong> pa<strong>in</strong>ful positi<strong>on</strong>s dur<strong>in</strong>g <strong>the</strong> questi<strong>on</strong><strong>in</strong>g. 99杨 李 张 程 李). 雄 飞凯 ),), 富 春), 新 再), 光 柏海 ),262. The provisi<strong>on</strong> <strong>of</strong> legal assistance to deta<strong>in</strong>ed human rights defendersWhile <strong>the</strong> government retaliated aga<strong>in</strong>st lawyers who defended sensitive clients <strong>in</strong> 2009,CHRD also documented cases <strong>in</strong> which <strong>of</strong>ficials sought to deny those clients <strong>the</strong>ir rightsto representati<strong>on</strong> <strong>in</strong> <strong>the</strong> first place. Article 33 <strong>of</strong> <strong>the</strong> revised Lawyers Law, which came<strong>in</strong>to effect <strong>on</strong> June 1, 2008, provides that a lawyer has <strong>the</strong> right to meet with his or herclient under crim<strong>in</strong>al <strong>in</strong>vestigati<strong>on</strong> up<strong>on</strong> show<strong>in</strong>g <strong>the</strong> “three certificates:” a lawyer’slicense, a certificate from <strong>the</strong>ir law firm, and a document grant<strong>in</strong>g <strong>the</strong>m power <strong>of</strong> attorney,

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