Tuesday, 26 January 2010

Lawyers want probe of defence counsel’s arrest

A group of 20 lawyers are calling on Beijing to investigate the arrest of a defence lawyer representing an alleged gang boss, and to take a closer look at the massive crackdown on organised crime in Chongqing.

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Guanyu said...

Lawyers want probe of defence counsel’s arrest

Chongqing crackdown under fire

Ivan Zhai
18 December 2009

A group of 20 lawyers are calling on Beijing to investigate the arrest of a defence lawyer representing an alleged gang boss, and to take a closer look at the massive crackdown on organised crime in Chongqing.

Li Xiongbing, one of three draftees of a letter to Beijing, said Li Zhuang’s arrest marked the lowest point in the crackdown. The Beijing-based Li Zhuang is defence counsel for Gong Gangmo, one of 14 alleged triad bosses held since June.

The letter was signed by lawyers in Beijing, Guangdong, Hebei, Shandong, Shanghai, Jiangsu and Sichuan, and was mailed to the government-sponsored All China Lawyers Association and Beijing Lawyers Association yesterday. “The lawyers associations should pay urgent attention to the case and protect lawyers’ rights,” it said.

Li Xiongbing told the South China Morning Post that Chongqing police should no longer handle the case. “[They] have taken too many illegal steps during the crackdown and this case was their nadir,” he said.

In the letter, the lawyers said Chongqing police had repeatedly rejected Li Zhuang’s application to see his client before the trial. When he was permitted, four officers were present and the conversation was taped. Li Zhuang was also prevented from examining all the evidence.

The letter said Chongqing police detained Li Zhuang on Saturday in Beijing. According to mainland law, police should notify the local lawyers association of a detention within 24 hours, but the Beijing association knew nothing about it until Monday.

The association has sent five members, including its deputy chief, Zhang Xiaowei, to Chongqing. Li Bingru, the association’s general secretary who is among the five, said they would reveal more details of their investigation to the media and the public at the “proper time”.

In response to questions over why officers were present when Li Zhuang met Gong, Chongqing police chief Wang Lijun said police were merely following Ministry of Public Security guidelines for organised crime cases, the Southern Weekend reported. Gong has said Li Zhuang winked at him to suggest he lie about being forced into a confession.

Gong and his co-defendants are accused of involvement in four murders, possession of 15 firearms and loan-sharking, among other crimes.

Li’s arrest has dragged Kang Da Law Firm, one of the country’s biggest, into the spotlight. Its founder, Fu Yang, is the son of Peng Zhen, chairman of the National People’s Congress in the 1980s.

Fu has declined to comment, but Xing Jun, director of the firm’s general office, said Kang Da supported the crackdown and would tighten internal management, the Southern Weekend reported.

Li Xiongbing said the arrest was a warning to other defence lawyers, and a way to protect police against illegal actions in the crackdown.

But Li Fangping, a Beijing lawyer who sent another appeal letter to the NPC and Ministry of Public Security on Wednesday, said lawyers were just one group who had lost their rights since Chongqing began its crackdown on gangs.

Early last year Chongqing launched a 100-day campaign, during which police arrested 10,000 people - 100 per day. “After that, the environment of rule of law in the city changed significantly. Decision-making was loose, especially this year,” he said, referring to the methods police had used to arrest and charge people for organised crimes.

In his letter, which was also signed by 20 other lawyers, Li Fangping urged Chongqing to heed advice that “the crackdown on gangs does not mean cracking down like gangs”.