Balkinization: A Salute to the Heroism of Chinese Lawyers, and a Timeless Lesson About the Rule of Law

A Salute to the Heroism of Chinese Lawyers, and a Timeless Lesson About the Rule of Law

Brian Tamanaha

A recent NY Times article reported that a blind, self-taught Chinese rights advocate, Chen Guangcheng, was sentenced to four years in prison by a Chinese court:

He earned the enmity of local Communist Party leaders in Shandong Province, in eastern China, when he sought to organize a class-action lawsuit against forced abortions and sterilizations there....

Though central government investigators later found that abuses had occurred in enforcing population policies there, local authorities put Mr. Chen under house arrest for months, and then charged him with destroying property and blocking traffic.

A team of top rights lawyers in the country came to Mr. Chen's aid. They argued that the charges against him were fabrications. The crimes would have been difficult for him to commit, they said, given that he cannot see and was under constant police guard at the time.

But the Beijing lawyers were harassed, beaten and prevented from gathering evidence to support Mr. Chen in court, numerous people involved in his defense said.

On the eve of Mr. Chen's trial last week, three of his lawyers were accused by local thugs of stealing property. The lawyers were then detained by the local police and one of them was held until after Mr. Chen's trial had ended.

When his other lawyers complained to the court that the harassment made a mockery of the legal proceedings and called for a delay, the court appointed new lawyers.

The appointed defense lawyers did not contest any of the charges against Mr. Chen and did not call any witnesses on his behalf.

In recent years, China has made a big show of its commitment to develop the rule of law, signing a cooperation agreement with the U.N. to conduct training programs for judges. President Hu Jintao, soon after his elevation, made a public statement that "We must build a system based on the rule of law and should not pin our hopes on any particular leader."

The rule of law is an inconvenience to governments and their leaders. That is its greatest benefit. Establishing and preserving the rule of law requires courageous lawyers who are willing to risk everything to hold the government to the law. China is fortunate to have such lawyers.

Posted 1:19 PM by Brian Tamanaha [link]

Comments:

I sure do like the way you talk about other people, Brian Tamanaha. Hopefully, one day, a better administration will call you to work on re-building our diplomatic skills.

On an intensely loaded subject, this essay strikes the right balance between expressing our concern for individual activists and our duty to respect China’s sovereign right to decide for herself the human actions she finds threatening, a balancing act that, btw, every government fails to some extent, and yet one that the U.S, at least, rarely reflects upon before starting wars. See Warmonger Kruthhammer.

http://www.prospect.org/horsesmouth/2006/08/post_316.html

# posted by

redwood : 8:50 PM

Mr. Chen's recent trial is especially interesting, I think, in light of Thelen Reid recently becoming the first foreign firm permitted to practice law in China. (This development was covered by at www.whataboutclients.com.) On the one hand, the Communist Party continues to wield the law as a tool to persecute those who stand up for the Chinese people in the face of the Party. On the other hand, the Party is loosening guidelines determining who can practice in China, perhaps risking increased international support for advocates such as Mr. Chen.

# posted by

cassidyc : 9:46 PM

This is interesting.

# posted by

Apartments Vrtlici : 9:54 AM

Somebody should post good news.
I wouldn't have thought the Chinese so unsophisticated : courts should have the semblance of fairness ( cough ).

# posted by

opit : 1:55 AM

Death ends a life, not a relationship.
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# posted by

Unknown : 5:22 PM