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[‘709 Crackdown’] Latest data and development of cases as of 1800 30 December

 

As of 18:00 30 December 2015, at least 316 lawyers, law firm staff, human right activists and family members have been questioned, summoned, forbidden to leave the country, held under house arrest, residential surveillance, criminally detained, arrested or missing.

 

Statistics by category (lawyers, lawyer assistants/ others)*:

(Download PDF of the 316 names)

  • Residential surveillance at designated location (implemented in the form of secret detention in the following cases): 21 persons (13 / 8)
  • Residential surveillance: 1 person (1 / 0)
  • Criminal detention/ arrest: 8 persons (1/ 7)
  • Unclear criminal compulsory measure: 3 persons (2 / 1)
  • Enforced disappearance: 4 persons (1 / 3)
  • House arrest: 1 person (0 / 1)
  • Forbidden to leave the country: 30 persons (21 / 9)
  • Temporarily detained, forcibly questioned/ summoned (released/ safe now): 266 persons (126 / 140)

* 16 individuals are listed under two categories; 1 individual is listed under three categories

36 lawyers or activists detained or under incommunicado situation*:

(Download Case details PDF) (Download Cases Chart EXCEL)

  • Lawyers: 14, Lawyers’ assistants:2, Law firm staff: 2, Human rights activists:18
  • In suspicion of endangering national security crime: 20 persons
  • Able to know the location of detention: 2 persons
  • Notification received by family: 14 persons
  • Allowed to meet with lawyers: 1 persons
  • Allowed to communicate with outside: 1 person
  • Defense lawyers able to obtain information from the investigation body: 0
  • Days of incommunicado85-224 days

*Note: Wang Yu and Bao Longjun was taken away on 9 July, and the large scale nation-wide interviews of the lawyers began on 10 July, and thus it is also known as the “710 Crackdown”. Only including lawyers and activists currently being criminally detained, under residential surveillance, or enforced disappearance. Also included cases that are closely related to “709 crackdown” such as Wu Gan, Zhai Yanmin, Zhang Wanhe, Liu Xing, Li Yanjun and Yao Jiangqing who were arrested before 9th July 2015.

 

14 Lawyers:

  1. 王宇Wang Yu(F)2.包龙军 Bao Longjun 3.王全璋 Wang Quanzhang 4.刘四新Liu Sixin 5.李和平Li Heping 6.谢燕益Xie Yanyi 7.周世锋Zhou Shiefeng 8.黄力群Huang Liqun 9.隋牧青Sui Muqing 10.谢阳Xie Yang 11.李春富Li Chunfu 12.谢远东Xie Yuandong 13.李姝云 Li Shuyun(F)14.张凯Zhang Kai

 

2 Lawyers’ assistants

15.赵威Zhao Wei(Kaola)(F)16.高月Gao Yue(F)

 

2 Law firm staff

17.王芳 Wang Fang(F)18.吴淦 Wu Gan(Tufu)

 

  1. Human rights activists
  1. 勾洪国 Guo Hongguo(Ge Ping)
  2. 刘永平Liu Yongping(Laomu)
  3. 林斌 Lin Bin(Monk Wang Yun)
  4. 尹旭安Yin Xu’an
  5. 胡石根Hu Shigen
  6. 王芳 Wang Fang(F)
  7. 幸清贤Xing Qingxian
  8. 唐志顺Tang Zhishun
  9. 翟岩民Zhai Yanmin
  10. 张皖荷Zhang Wanhe(Zhang Weihong)(F)
  11. 刘星 Liu Xing(Lao Dao)
  12. 李燕军Li Yanjun
  13. 姚建清 Yao Jianqing(F)
  14. 黄益梓Huang Yizi
  15. 张崇助 Zhang Chongzhu
  16. 张制Zhang Zhi
  17. 程从平Cheng Congping
  18. 严晓洁 Yan Xiaojie

Weekly Update2015.12.19-2015.12.30):

Lawyer Wang Yu:

  1. On 24 December 2015, defense lawyer Li Yuhan went to Hexi Procuratorate and Tianjin Procuratorate to ask for the result of her complaint. These 2 levels of procuratorate organs still replied with the reason that the Public Security has not given them any reply and ask lawyer Li to wait.
  2. On 24 December 2015, defense lawyer Li Yuhan went to Hexi Branch criminal investigation team pretrial team to meet with Zhao Xu and submitted 7 requests in a “meeting introduction letter”. Zhao Xu replied, “I heard that Wang Yu’s care basically has a result now, we will notify you on 10 January”
  3. On 24 December 2015, lawyer Li went for the 6th time to Tianjin to meet with Zhao Xu, Zhao said he didn’t know if notice has been sent to Wang Yu’s parents.
  4. On 28 December 2015, defense lawyer Li Yuhan called to ask about the reply for the request to meet on 24 December, Zhao Xu said the “not allow to meet with Wang” decision will be mailed on Friday
  5. On 30 December 2015, defense lawyer Li Yuhan went to Supreme People’s Procuratorate and Ministry of Public Security to complain Tianjin Public Security Bureau Hexi Branch throughout the 6 months criminal case of Wang Yu, the unlawful serious deprivation of lawyers’ rights to meet with Wang, to communicate, to know about the case details and the unlawful misconduct of Tianjin Hexi Procuratorate and Tianjin Procuratorate in dealing with the complaints. Because the Supreme Procuratorate and Ministry of Public Security were both in meetings, so the complaint could not be handed in.

 

Bao Longjun (Lawyer, husband of lawyer Wang Yu):

  1. On 25 December 2015, Bao Longjun’s parents told lawyer Li Yuhan: because Bao has been arrested, they have to hired someone to take care of Bao’s father who is paralyzed and suffering from after effects of Cerebral hemorrhage. Their financial situation is bad.

Lawyer Wang Quanzhang:

  1. On 21 December 2015, defense lawyer Wang Qiushi and Yu Wensheng submitted “request to fulfill duties” to Tianjin Public Security Bureau, asking it to correct the illegal acts of Tianjin Hexi Public Security Bureau and to notify the lawyers in writing the corrected result.
  2. Because the information disclosure application asking the Ministry of Public Security to publicize the decision for jurisdiction appointment of Tianjin Public Security Bureau was rejected, on 28 December 2015, Wang Quanzhang’s wife Li Wenzu applied to Beijing No. 2 Intermediate Court for administrative review.
  3. On 28 December 2015, the information disclosure application to Tianjin Financial Bureau by defense lawyer Wang Qiushi was rejected.

 

Lawyer Sui Muqing:

  1. On 22 December 2015, defense lawyer Ran Tong received Guangzhou Public Security Bureau’s reply: the information you applied for do not belong to government information.

 

Lawyer Xie Yang:

  1.  On 28 December 2015, Changsha Procuratorate complaint department told lawyer Zhang Zhongshi that the case has been transferred to Department of investigation supervision and they will investigate and reply.

 

Lawyer Li Chunfu:

  1. On 25 December 2015, defense lawyer Gao Chengcai met with Zhao Xu and asked for “Ministry of Public Security jurisdiction decision letter”, Zhao replied that “this is not the instruction of Ministry of Public Security, I have not seen such decision letter”.
  2. On 25 December 2015, defense lawyer Gao Chengcai went to Tianjin Hexi Detention Centre and ask to meet with Li Chunfu. The officer called his superior and replied that it is better to contact Zhao Xu. Lawyer met with Zhao Xu: after about 15 days, you will be allowed to meet with Li without any hindrance. Even though Li Chunfu was not put under residential surveillance on 10 July, but you will still have a result.

Lawyer Xie Yuandong:

  1. On 25 December 2015 defense lawyer Liu Rongsheng went to Hexi Branch to meet with Zhao Xu and submitted applications and formalities asking to meet with Xie and to be provided with information of the investigation unit and officers, Xie’s postal address. Zhao replied that meeting with Xie is not allowed.

 

Gao Yue (Lawyer Li Heping's assistant) :

  1. Defense lawyer Wang Fei went to Supreme People’s Procuratorate and Ministry of Public Security to complain throughout the 5 months criminal case of Gao Yue, the unlawful serious deprivation of lawyers’ rights to meet with Gao, to communicate, to know about the case details and the unlawful misconduct of Tianjin Hexi Procuratorate and Tianjin Procuratorate in dealing with the complaints. Because the Supreme Procuratorate and Ministry of Public Security were both in meetings, so the complaint could not be handed in.

 

Xing Qingxian:

  1. On 25 December 2015, defense lawyer Gao Chengcai met with Zhao Xu, Zhao said he has not seen Xing Qingxian, he did not know who is in charge of the case.
  2. On 25 December 2015, defense lawyer Gao Chengcai went to Tianjin Hexi Detention Centre to ask to meet with Xing, Detention Centre replied after checking that the person is not registered, did not hear about the person’s situation, maybe Zhao Xu would know.

 

Tang Zhishun:

  1. On 21 December 2015, defense lawyer Qin Chenshou submitted “application for basic humanity, humanitarian rights and human rights” to Ministry of Public Security, Tianjin Public Security, Inner Mongolia Xing’an Meng Public Security Bureau, with 4 requests: 1. Written notice to lawyer (family) where Tang is detained, the investigation department and staff responsible, the crimes suspected of etc.; 2. Ensure that lawyer can meet and communicate with Tang; 3, protect his health and continuously provide effective medicine and treatment of hyperthyroidism. Provide sufficient warm clothes, make sure he has enough sleep and food; 4. Written guarantee that he would not be subject to any extortion of evidence out of torture or mistreatment, no enforced disappearance etc.
  2. On 28 December 2015, defense lawyer Qin Chenshou went to Tianjin Hexi Detention Centre to look for Tang, police replied that Tang was not detained in that detention centre.
  3. On 29 December 2015, defense lawyer Qin Chenshou went to Xing’an Meng Public Security Bureau, the police officer who checked his lawyers identification documents acted very nervous when he talked to his superior, saying that the lawyer of your case is here. After that, someone who seemed to be a superior came to ask for letter of engagement of service and photocopy of the lawyer’s license. He asked lawyer to go home and wait for news. In the afternoon, Xing’an Meng Public Security Bureau called, Tang Zhishun case does not belong to them and it is related to state secrets. The Bureau immediately hang up after saying so.
  4. On 29 December 2015, defense lawyer Qin Chenshou went to Xing’an Procuratorate complain the head of Public Security Bureau unlawfully took away Tang’s computer and refused to disclose the detention location of Tang, the staff of Procuratorate said that they are not responsible for the supervision of the unlawful acts of Public Security Bureau and refused to accept the complaint materials. After that, the lawyer mailed the complaint letter by express delivery to Xing’an Meng and Inner Mongolia Procuratorates.
  5. On 29 December 2015, Tang’s mother and sisiter went to Chaoyang District Procuratorate to complain about the Changying police station’s unlawful acts of taking away Tang’s computer and refused to accept materials. The Procuratorate told them orally to go home and wait for news.

 


 

18 lawyers/ lawyers’ assistants/ law firm staff who are still detained or disappeared

 

14 Lawyers

 

1.Wang Yu王宇(女)

  • Identity: lawyer
  • Work Location/ Residence: Beijing (Fengrui) / Beijing
  • Alleged Offence: inciting subversion of state power (Lawyers were made known about this on 7 August 2015)
  • Compulsory Criminal Measures: residential surveillance at designated residence (She was taken away on 9 July 2015 04:00, 7 August lawyers were made known about this on 7 August)
  • Handling authorities: Tianjin Public Security Bureau Hexi Branch (On 15 July 2015, lawyers Li Weida and Feng Yanqiang went to Tianjin Hexi Branch Legal Team, the Criminal Police Team, the Anti-drug Team to enquire about Wang Yu’s whereabouts, they were told that there was no case on Wang Yu)
  • Detention Location/Location of Residential Surveillance: unknown (police refused to disclose)
  • Did Family Receive Notice? : No (On 1 December 2015, defense lawyer Li Yuhan and Wen Donghai went to Hexi Branch again to meet Zhao Xu to ask the investigation team to immediately reply to lawyer’s request. Zhao Xu said that the notice to family has already been mailed to parents of Wang Yu’s husband. Lawyer Li corrected him that parents of Wang Yu’s husband did not receive any notice and the notice should be sent to Inner Mongolia to Wang Yu’s parents. Li gave Wang Yu’s parents address to Zhao Xu.) (On 24 December 2015, lawyer Li went for the 6th time to Tianjin to meet with Zhao Xu, Zhao said he didn’t know if notice has been sent to Wang Yu’s parents.)
  • Allowed to Meet with Lawyer? : No (Defense lawyer submitted written request on 5 August and 21 September 2015, Hexi Branch issued written decision of rejection) (On 1 December 2015, defense lawyer Wen Donghai submitted request again to Tianjin Public Security Bureau Hexi Branch, asking for prompt arrangement to meet with Wang) (On 3 December 2015, defense lawyer Li Yuhan received Hexi Branch decision not to allow meeting with Wang.) (On 25 December 2015, defense lawyer Li Yuhan went to Hexi Branch criminal investigation team pretrial team to meet with Zhao Xu and submitted 7 requests in a “meeting introduction letter”. Zhao Xu replied, “I heard that Wang Yu’s care basically has a result now, we will notify you on 10 January”) (On 28 December 2015, defense lawyer Li Yuhan called to ask about the reply for the request to meet on 24 December, Zhao Xu said the “not allow to meet with Wang” decision will be mailed on Friday)
  • Can the lawyers obtained information from the investigation body? : No.(The receptionist refused on the grounds that he is not in charge of the case and does not know the case.) (On 1 December 2015, defense lawyer Wen Donghai went to Tianjin Public Security Bureau Hexi Branch to submit request to ask to know the specific staff in charge of the case and to be briefed about the case facts by the staff in charge.)
  • Communicate with outside world? No (Investigation team leader Zhao Xu said they have already delivered the letter that defense lawyer Li Yuhan sent to Wang Yu to the task force, however no reply since) (On 1 December 2015, defense lawyer Wen Donghai again submitted request to Tianjin Public Security Bureau Hexi Branch asking for Wang Yu’s written confirmation of engagement of lawyer’s service and to return lawyer Li Yuhan’s letter)
  • Allowed to change the compulsory criminal measure? No. (On 12 August, 2015, lawyers submitted legal opinion to change the compulsory criminal measure, it was received by the authority on 13 August 2015. Already exceeded the 3 days written or verbal reply deadline required by law)
  • Incommunicado: 174 days
  • Treatment of Family: (1) Her son Bao Mengmeng was summoned for 4 times and his passport was taken away so he could not leave the country for school; the police threatened him not to hire any lawyers for his parents. (2) Her 16-uear-old son Bao Zhuoxuan was takean away on 6th October at Room 8348 of Huadu Guest House in Mengla City at the border of Myanmar and Yunan. He was incommunicado for 6 days, on 12th October, he was confirmed to be under house arrest at his grandmother’s home in Inner Mongolila. (3) Reporter from Sydney Morning Herald went to visit Bao Zhouxuan but was in vain, the Inner Mongolia took him to the police station, detained for 7 hours and was sent back to Beijing afterwards.(4)On 25 December 2015, Bao Longjun’s mother told lawyer Li Yuhan: Bao Mengmeng has been arranged to live with his aunt. There are national security agents living next door. Anyone who goes to aunt’s home has to register their names and whether they can enter will have to be decided by the superiors. Every day a police car takes Bao Mengmeng to school, along with policemen and his aunt.)
  • Reported by state media?: Yes
  • Remedies and their Effects:(1)On 14 August 2015, her lawyer submitted “Legal Opinions Concerning the Reasons Why Wang Yu Did Not Commit the Crime of Inciting Subversion of State Power and Tianjin Hexi Branch Should Arrange Wang Yu to meet with her lawyers” to the authority.(2)On 20 August 2015, her lawyers went to Tianjin Hexi Branch to apply for information disclosure whether Wang Yu was affected by the Tianjin Bomb. On 8 September 2015, Tianjin Police replied “non-existence, does not belong to the category of information disclosure”. On 13 September 2015, lawyer Wen Donghai apply to Tianjin Hexi Branch government for administrative review of the reply from Hexi Branch Poliice concerning their reply of information disclosure.(3)On 21 September 2015, her lawyers went to different departments of Tianjin (including Tianjin Public Security Bureau, Tianjing Procuratorate, Tianjin Hexi Procuratorate, Tianjin Hexi Government) to complain that Tianjin Hexi Branch Police did not allow lawyers to meet with Wang and did not disclose case fact. The Procuratorate has received the complaint materials.(4)On 28 September 2015, lawyer Wen Donghai received a call from the Procuratorate, saying that they have officially accepted the complaint of Hexi Branch’s Police’s restriction of the lawyers’ right to meet with Wang.(5)On 23 October, lawyer Li Yuhan went to Tianjin Hexi branch and handed in an legal opinion: arrange a meeting as soon as possible according to law; explain the case facts to the lawyers, confirm the staff in charge of the case, serve notice to family, immediately inform the lawyers the residential surveillance location, inform lawyers about Wang Yu’s health condition, urge Wang Yu to reply to lawyer Li Yuhan’s letter, return Bao Mengmeng’s passport and lift any control over Bao Mengmeng.(6)On 23 October, lawyer Li Yuhan went to Hexi Procuratorate’s Complaints Department, she was informed that the procuratorate has accepted the complaint and will make a decision according to the Hexi Branch’s report(7)On 2 November 2015, her lawyers went to Tianjin Police to apply for administrative review, asking to confirm the Hexi Branch has put Wang Yu under residential surveillance at designated location on the charge of inciting subversion of state power and to review the fact that relevant case information was published and released on the state media CCTV, Xinhua Net and Global Times during investigation, that they have rejected to provide any relevant case information to the lawyers, and to order the Hexi Branch to arrange lawyers to meet with Wang Yu and to disclose case information to the lawyers, to allow Wang Yu to communicate with the outside world. Compensation should be given for the lost suffered. (8) On 9 November 2015, Defense lawyer Wen Donghai received the Decision on Rejecting the Application made by the Tianjin Public Security Bureau on 5 November. The Decision provides that “On 2 November 2015 you applied for administrative review on the Tianjin Public Security Bureau’s disapproval of lawyers’ requests to meet with Wang Yu and to correspond with Wang Yu, and its refusal to inform lawyers of case details. After reviewing the case, what you have requested to review does not lies in the scope of administrative review. So according to article 17(1) of Administrative Reconsideration Law, we decide not to accept the application.” (9) On 13 November 2015, defense lawyer Wen Donghai received the administrative reconsideration decision made by the Tianjin Hexi District Government. The decision provides that the Tianjin Public Security Bureau Hexi Branch has a dual function of administrative organ and also criminal judicial organ. The information it produces or receives when it acts as a criminal judicial organ, could not be regarded as the “government information” as defined in article 2 of the Regulation on the Disclosure of Government Information. Based on the fact that Wang Yu has been taken criminal compulsory measure, the information Wen Donghai applied for shall follow the rules prescribed in the Criminal Procedure Law. Therefore Wen Donghai’s application for administrative review shall be rejected. (10) On 19 November 2015, lawyers Wen Donghai and Li Yuhanwent to Tianjin Heping District Court to submit “administrative complaint” about the rejection of Tianjin Public Security Bureau to review the use of media to judge the lawyers. They submitted that Tianjin Public Security Bureau Hexi Branch, Wang Yu, CCTV, Xihua Net and Global Times should be made as the third parties in trial .They asked to confirm that the Tianjin Public Security Bureau’s rejection to the administrative review and refused to investigate into the application are illegal acts. (11) On 19 November 2015, lawyer Wen Donghai went to Tianjin Hexi District Court to submit the administrative complaint about Tianjin Public Security Bureau and Tianjin Hexi Government concerning Tianjin Hexi Government’s rejection to the application of information disclosure. He submitted that Wang Yu should be made as the third parties in trial, and the administrative decision by the Hexi Government should be revoked. He also asked to confirm that Hexi Public Security “reply to information disclose” is illegal and correct the wrong, and should disclose the government information according to law. (12) On 30 November 2015, defense lawyer Wen Donghai went to Tianjin Hexi Court to ask whether the case is accepted. The court issued a notice “supplementary and correct litigation materials”: should apply administrative review to the Tianjin No.2 Intermediate People’s Court; information disclosure case shouldn’t list the court as third person (13) On 30 November 2015, defense lawyer Wen Daonghai received Hexi Procuratorate’s written document that the case is admitted. (14) Defense lawyer Wen Donghai went to Tianjin Heping Court on 30 November and 1 December to enquire about the whether the administrative review concerning media judgment case is admitted. The court said they have not received any materials, lawyer Wen Donghai showed the court the post office’s receipt and ems sign off record, the court said they will try to look for it but no reply since.(15)On 24 December 2015, defense lawyer Li Yuhan went to Hexi Procuratorate and Tianjin Procuratorate to ask for the result of her complaint. These 2 levels of procuratorate organs still replied with the reason that the Public Security has not given them any reply and ask lawyer Li to wait. (16) Concerning the information disclosure administrative application, Tianjin Hexi Government rejected it. Tianjin Hexi Court returned the complaint document of defense lawyer Wen Donghai, thus, on 27 December 2015, lawyer Wen Donghai complained to superior court Tianjin No.2 People’s Court, the requests are the same as (11). (17) On 30 December 2015, defense lawyer Li Yuhan went to Supreme People’s Procuratorate and Ministry of Public Security to complain Tianjin Public Security Bureau Hexi Branch throughout the 6 months criminal case of Wang Yu, the unlawful serious deprivation of lawyers’ rights to meet with Wang, to communicate, to know about the case details and the unlawful misconduct of Tianjin Hexi Procuratorate and Tianjin Procuratorate in dealing with the complaints. Because the Supreme Procuratorate and Ministry of Public Security were both in meetings, so the complaint could not be handed in.
  • Lawyers: Wen Donghai, Li Yuhan

 

2.Bao Lomgjun包龙军

  • Identity: lawyer
  • Work Location/ Residence: Inner Mongolia / Beijing
  • Alleged Offence: inciting subversion of state power, picking quarrels and provoking troubles (His lawyers were made known about this on 28 August 2015)
  • Compulsory Criminal Measures: residential surveillance at designated residence (Incommunicado since 9 July 2015 03:00, lawyers were made known about this on 28 August 2015)
  • Handling authorities: Tianjin Public Security Bureau Hexi Branch(On 28 October 2015, lawyer Lu Zhoubin went to Hexi Branch and asked Zhou Xu “who is the police officer in Bao Longjun’s case”, Zhou replied, “I only know which is the investigation team, ,but I do not know the specific officers in charge, I am only a receptionist to receive lawyers”.
  • Detention Location/Residential Surveillance Location: unknown (police refused to disclose)
  • Did Family Receive Notice? : No (The investigation team’s police officer said that they have already sent out notification on 13 July 2015, Bao’s parents said they have no received any.)
  • Allowed to Meet with Lawyer? : No (On 28 August 2015, Police refused the lawyers’ request to meet with Bao on the grounds that Bao was in suspicion of endangering state security crimes) (On 12 October 2015, lawyer Huang Hanzhong asked to meet with Bao but was rejected. Hexi Public Security Bureau Police Supervision Department and the Bureau for Letters and Calls both refused to take up the lawyer’s  complaint. The person-in-charge at the Bureau for Letters and Calls said that “The problem of this case is not one that can be replied by the Hexi Public Security Branch.”) (On 28 October 2015, lawyer Lu Zhoubin asked to meet with Bao but was rejected on the grounds that “no prior notice from the superior, cannot arrange meeting”) (On 3 November 2015, lawyers received written decision from Tianjin Public Security Bureau Hexi Branch rejecting their request to meet with Bao)
  • Can the lawyers obtained information from the investigation body? : No. (The receptionist refused on the grounds that he is not in charge of the case and does not know the case)
  • Communicate with outside world? No. (On 28 October 2015, lawyer Lu Zhoubin asked Zhou Xu to deliver a letter to Bao Longjun, Zhou Xu said he will hand it to “investigation team”, but no reply since.)
  • Allowed to change the compulsory criminal measure? No
  • Incommunicado: 174 days
  • Treatment of Family: same as Wang Yu (On 25 December 2015, Bao Longjun’s parents told lawyer Li Yuhan: because Bao has been arrested, they have to hired someone to take care of Bao’s father who is paralyzed and suffering from after effects of Cerebral hemorrhage. Their financial situation is bad.)
  • Reported by state media?: Yes
  • Remedies and their Effects:(1)In the second half of July, lawyers went to Tianjin Procuratroate to apply for their supervision over the Public Security Organs for their illegal acts. Tianjin Procuratorate replied: Application for Procuratorate’s supervision does not belong to the jurisdiction of the City level’s procuratorate, they should apply to the procuratorate of the City’s branch or district procuratorate.(2)On 4 September 2015, someone claiming to be from the Tianjin Public Security Bureay called the defense lawyer of Bao and said that they have received the legal supervision letter from the the Tianjin Procuratorate, they would like to ask the lawyers for the relevant information, including: the date in which the letter was sent by the lawyers, if the lawyers knew about the specific department handling the case, if the lawyers knew that the case is under the jurisdiction of the Tianjin Police, is Bao related to the current case, and whether he is a staff of the Fengrui Law Firm, if the police has contacted the family and if the compulsory criminal measures etc. (3) On 15 November, lawyer Lu Zhoubin submitted “application for administrative review” to Tianjin Public Security Bureau, he asked to confirm that Tianjin Public Security Bureau Hexi Branch is illegal to not allow Bao Longjun to meet with lawyer and not allow lawyers to communicate with Bao. He asked the Bureau to immediately order Hexi Branch to arrange meetings and uphold the rights to communication.(4) On 23 November 2015, defense lawyer Lu Zhoubin received the notice from Tianjin Public Security Bureau that the application for administrative review is not accepted, Tianjin Public Security Bureau is not subject to administrative review. (5) On 4 December 2015, defense lawyers Huang Hanzhong and Chen Yongfu participated in the “709 crackdown defense lawyer strategic seminar”. (6) On 9 December 2015 defense lawyers Huang Hanzhong, Lu Zhoubin and Chen Yongfu jointly filed a complaint to the Central Government. (7) Concerning the Tianjin Public Security Hexi Branch’s “decision not to allowed to meet criminal suspect”, defense lawyer Lu Zhoubin applied for administrative review to the Hexi People’s Court on 14 December and asked the court to protect the lawyers’ right to meet with clients. (8) On 14 December 2015, defense lawyer Lu Zhoubin applied to Tianjin Public Security Bureau Hexii Branch for government information disclosure: 1. Apply to disclose Bao’s health condition, to provide the detailed health check information; 2. Apply to disclose the location of the residential surveillance and the living condition; 3. Apply to disclose the food provided to Bao; 4. Apply to disclose the clothes provided to Bao; 5. Apply to disclose the case facts of Bao’s case excluding the information that are related to national secret, other people’s privacy and commercial secrets.
  • Lawyers: Huang Hanzhong, Lu Zhoubin (current), Chen Yongfu

 

3.Wang Quanzhang王全璋

  • Identity: lawyer
  • Work Location/ Residence: Beijing (Fengrui)/ Beijing
  • Alleged Offence: inciting subversion of state power, picking quarrels and provoking troubles (was made known about this on 14 August 2015)
  • Compulsory Criminal Measures: residential surveillance at designated residence (Incommunicado since 10 July 2015 13:00) (On 31 August 2015, lawyers were informed that the criminal detention was changed to residential surveillance at designated residence)
  • Handling authorities: Tianjin Public Security Bureau Hexi Branch (On 10 December 2015, defense lawyers Wang Qiushi and Yu Wensheng went to Tianjin Public Security Bureau Hexi Branch investigation team, Zhao Xu continued to reply “completely don’t know anything about the case’, and said that the case belongs to Hexi National Security Bureau)
  • Detention Location/Residential Surveillance Location: unknown (police refused to disclose)
  • Did Family Receive Notice? : No
  • Allowed to Meet with Lawyer? : No (Submitted application twice) (On 6 November 2015, lawyer Li Zhongwei received the written rejection to arrange meeting with Wang) (On 17 November 2015, lawyer Yu Wensheng went to Tianjin Hexi Detention Centre to submit application to meet with Wang. Zhou Xu replied, “go back and wait for notice, don’t know where Wang is detained, he is not in Hexi Detention Centre”. He did not answer other questions)(On 26 November 2015, defense lawyer Yu Wensheng after much efforts finally met with Hexi Branch police officer Zhao Xu and submitted the application to meet with Wang.)(On 2 December 2015, defense lawyer Yu Wensheng received Tianjin Public Security Bureau Hexi Branch “written decision to not allow meeting with Wang” which was sent out on 27 November 2015.) (On 9 December 2015, defense lawyers Wang Qiushi and Yu Wensheng went to Tianjin Hexi Detention Centre to submit request to meet with Wang.) (On 10 December 2015, defense lawyers Yu Wensheng and Wang Qiushi went to Hexi Detention Centre again to ask to meet with Wang.) (On 16 December 2015, defense lawyer Yu Wensheng received the “decision not to allow meeting” from the Tainjin Public Security Bureau Hexi Branch which was issued on 11 December 2015)
  • Can the lawyers obtained information from the investigation body? : No (Submitted letter to obtain case information twice) (On 9 September 2015, lawyer asked to be informed of the case facts, the residential surveillance location, whether Wang was officially arrested, whether Wang has written any letter to be delivered to his family, whether he needs any clothes or books according to law, the receptionist said the written materials will be handed to Zhao Xu and the investigation officers, they will call the lawyers once they have got confirmations) (On 3 December 2015, defense lawyer Yu Wensheng went to Tianjin Public Security Bureau Hexi Branch to submit “request to know about Wang Quanzhang’s case details”.) (On 9 December 2015, defense lawyers Wang Qiushi and Yu Wensheng went to Tianjin Public Security Bureau Hexi Branch to ask about the basic details of the case, after much denials and conversations back and forth, police officer Mr. Wang still replied with the excuse that he does know about the situation and cannot provide any information on the case.) (On 10 December 2015, defense lawyer Wang Qiushi and Yu Wensheng went to Tianjin Public Security Bureau Hexi investigation team, Zhao Xu continued to reply “I don’t know anything about the case”, defense lawyers asked “why the Xihua Net can know about our client’s case but we cannot? If you cannot tell us about inciting subversion of state power, you can tell us about the case details of picking quarrels and provoking troubles.” Zhao Xu wrote down the details in his notebook, but still said that he knows nothing.)
  • Communicate with outside world? : No (Letter already given to Zhao Xu to give to Wang twice) (On 10 December 2015, defense lawyer Wang Qiuzhi wrote a letter to Wang Quanzhang and asked Zhao Xu to redirect the letter, Zhao said he will) (The letter family sent to Wang was returned on 10 December 2015, reason being the receiver is not at the location)
  • Allowed to change the compulsory criminal measure? No
  • Incommunicado: 173 days
  • Treatment of Family: (1) On 5 August 2015, his residence in Beijing was searched by the Beijing Police. (2) On 10 September 2015, his family wanted to deliver clothes to Wang but was rejected (3) On 17 November 2015, Zhou Xu rejected Wang’s family request to deliver clothes to Wang(4)On 26 November 2015, Wang’s wife asked Zhao Xu to help deliver clothes to Wang, but was rejected. (5) On 10 December 2015, Wang Quanzhang’s wife asked Zhao Xu to deliver clothes to Wang but was rejected. Zhao Xu said he cannot deliver the clothes and don’t know how to give to.
  • Reported by state media?: Yes
  • Remedies and their Effects:(1) On 3 September 2015, his lawyers asked the police to provide the following information: name of officer-in-charge and his contact; the compulsory criminal measures taken, whether they have notified family and in what ways, and the proof of such notification; the suspected charge and the already known case facts, but they were rejected. The lawyers complained about the police’s illegal acts during investigation. (2) On 11 September 2015, lawyer Li Zhongwei went to Tianjin Public Security Bureau for Letters and Calls to submit a petition. It was received by the Bureau and a reply will be given within 15 days. (3) On 16 October 2015, Wang’s lawyers made a complaint to the Procuratorate. (4) On 27 October, Tianjin Hexi Branch Procuratorate complaint department called Wang’s lawyers to inform him that the complains they filed about Tianjin Hexi Public Security Bureau were accepted, after investigation they will respond to the lawyers according to law. The complaints are: twice to meet Wang and was rejected; requested twice to know the case facts, no response was received; written letters twice to Wang, it was unknown whether it was passed to Wang; his family send him moon cakes for mid-autumn festival, it was returned untouched; family did not receive notice of residential surveillance. (5) On 10 November 2015, wife of lawyer Li Heping and wife of lawyer Wang Quanzhang paid a visit to the Beijing Bar Association and met with Mr Fu and Ms Zhao at the lawyers’ rights department, who expressed that they would report the lawyers’ missing to their leaders. (6) On 11 November 2015, wife of lawyer Li Heping and wife of lawyer Wang Quanzhang visited the Beijing Bar Association again. They has a meeting with the deputy secretary-general, who told that they had no idea that most of the lawyers detained in the “709 Crackdown” had not received notification about their detention status. (7) 16 November 2015, Li Heping’s and Wang Quanzhang’s wives went to Beijing Lawyers Association, Lawyers Association replied, “Judicial Bureau said Wang is in Tianjin but don’t know specific location. We suggest you to contact chiefs of Judicial Bureau.” Wang’s family again requested to protect the families’ the right to know, right to meet with lawyers, and asked the lawyers association to fulfill their duties and to go to Judicial Bureau with the families. (8) On 17 November 2015, Li Heping’s and Wang Quanzhang’s wives went to Beijing Lawyers Association and asked them to accompany their families to go to Judicial Bureau, Lawyers Association replied that “we have a lot of matters to attend to, not only this one”. Families asked to meet with the chairman of Lawyers Association, Lawyers Association replied, “you have to hand in written materials first and we will reply whether you can meet with the chairman.” (9) 19 November 2015, Wang Quanzhang’s and Li Heping’s wives went to Beijing Lawyers Association. Officers told them that they have already informed the chairman and secretary-general, they will convene a conference with chairman and secretary-general as soon as possible. (10)On 20 November 2015, Li Heping’s and Wang Quanzhang’s wives went to Beijing Lawyers’ Association. They were told that the relevant department has received the letter for the chairman of the Lawyers’ Association, they will forward the letter to chairman when the he comes to the Association. Time unknown.(11)On 23 November 2015, Li Heping’s, Wang Quanzhang’s and Li Chunfu’s wives went to Beijing Lawyers’ Association, they were told that the chairman did not come to the Association, they will need to continue the wait. (12)2 On 24 November 2015, Li Heping’s and Wang Quanzhang’s wife went to Beijing Lawyers’ Association, but the staff there refused to come out to receive them. (13)On 24 November 2015, defense lawyer Yu Wensheng went to Tianjin Hexi People’s Court to submit “administrative complaint” to ask the Tianjin Public Security Bureau Hexi Branch to confirm that the refusal to let lawyers meet with Wang is illegal and should order the arrangement of such meeting. (14)On 25 November 2015, Li Heping’s and Wang Quanzhang’s wives went to the Beijing Lawyers’ Association chairman Gao Zicheng’s law firm, they were told by the secretary that lawyer Gao is often not in the law firm, that they will not be able to meet him. Li Heping’s wife called Gao’s phone number but no one answered. (15) On 1 December 2015, defense lawyer Yu Wensheng applied to Tianjin Hexi court for administrative review about Tianjin Public Security Bureau Hexi Branch’s return of lawyer Yu Wensheng’s letter requesting to meet with Wang Quanzhang. Yu Wensheng went to Tianjin No.2 Intermediate Court to sue Hexi Branch according to law. (16) On 3 December 2015, Wang Quanzhang’s wife applied information disclosure to Beijing Justice Bureau, Ministry of Justice, asking for information disclosure of: Supervision and Management Department of Lawyers Deputy Director Ren Yuping’s, Secretary-General Gao Peng’s and Ministry of Justice Lawyers Notary Work Guidance Division Deputy Director He Yong’s personal assets, properties under his name, spouse’s and children’s citizenship and salary; the number of copies, number of prints, distribution scope and quantity of the book “Cautionary Education: Excerpts of Beijing Fengrui Law Firm’s suspected serious crimes news report and relevant commentaries” edited by Beijing Justice Bureau in July 2015 for all Beijing law firms. Beijing Justice Bureau accepted the application materials and issued a receipt and promised a written reply before 24 December 2015. (17) On 9 December 2015, Wang Quanzhang’s sister and wife, Li Heping’s wife and brother-in-law of Xie Yuandong went to Tianjin Public Security Bureau Hexi Branch to liaison with the staff. (18) On 10 December 2015, Wang Quanzhang’s sister, Guo Hongguo’s wife, Li Heping’s wife, Wang Quanzhang’s wife and Xie Yuandong’s brother went to Tianjin Public Security Bureau Hexi Branch again to liaise with the staff. (19) On 15 December 2015, defense lawyer Wang Qiushi went to Tianjin Public Security Bureau, Tianjin Public Security Bureau Hexi Branch, Tainjin Finance Bureau, Tianjin Hexi Branch Finance Bureau to apply for government information disclosure: the budget, accounts, implementation and cost allocations of the following aspects concerning the person under residential surveillance at designated location: accommodation, food, clothes, medical facilities, daily necessities, facilities to provide warm environment; the expenditure of Wang’s daily food and drink, clothes storage, medical facilities, purchase of daily necessities and facilities to provide warm environment during residential surveillance at designated location.(20)On 21 December 2015, defense lawyer Wang Qiushi and Yu Wensheng submitted “request to fulfill duties” to Tianjin Public Security Bureau, asking it to correct the illegal acts of Tianjin Hexi Public Security Bureau and to notify the lawyers in writing the corrected result. (21) Because the information disclosure application asking the Ministry of Public Security to publicize the decision for jurisdiction appointment of Tianjin Public Security Bureau was rejected, on 28 December 2015, Wang Quanzhang’s wife Li Wenzu applied to Beijing No. 2 Intermediate Court for administrative review. (22) On 28 December 2015, the information disclosure application to Tianjin Financial Bureau by defense lawyer Wang Qiushi was rejected.
  • Lawyers: Li Zhongwei, Xi Xiangdong (2 lawyers were forced to stop their representation in November 2015), Yu Wensheng (He was engaged to be Wang’s defense lawyer by Wang’s family on 15 November 2015); Wang Qiushi (he was engaged to be Wang’s defense lawyer by Wang’s family on 28 November 2015)

 

4.Liu Sixin刘四新

  • Identity: ex-lawyer, Phd in law
  • Work Location/ Residence: Beijing (Fengrui)/ Beijing
  • Alleged Offence: inciting subversion of state power
  • Compulsory Criminal Measures: residential surveillance at designated residence (Incommunicado since 10 July 2015 08:45, was known to be criminally detained in Tianjin Hexi Detention Centre on 28 July. On 17 September 2015, his lawyers were informed that he was changed to residential surveillance at designated residence)
  • Handling authorities: Tianjin Public Security Bureau Hexi Branch (On 28 July 2015, defense lawyer Wang Lei went to Hexi Branch to look for Liu Sixin, Zhao Xu first admitted publicly that Liu Sixin of “709 crackdown” was detained at Hexi Detention Centre, it was dealt by the taskforce set up by the superior organs designated to the Hexi Branch) (On 17 September 2015, lawyers went to Bureau for Letters and Calls to ask to meet with the person-in-charge of the case, a police officer 290797 Mr. Li said the whole branch does not know who the staff-in-charge of case is)
  • Detention Location/Residential Surveillance Location: unknown (police refused to disclose)
  • Did Family Receive Notice? : No (On 15 September 2015, police insisted that they have send detention and arrest notice to Liu’s family. But Liu’s family said they have not received any in these 2 months.)
  • Allowed to Meet with Lawyer? : No (On 28 July 2015, defense lawyer Wang Lei went to Tianjin Hexi Detention Centre to ask to meet with Liu Sixin, the detention centre replied that currently no lawyers are allowed to meet with Liu because they have discovered a “new crime” and that Liu is involved in crimes of the “3 categories”, meeting with lawyers need to be approved by the investigation organs. ) (On 17 September 2015, his lawyers went to Tianjin Hexi Detention Centre to meet with him, but was refused) (On 10 December 2015, defense lawyer Ge Wenxiu went to Hexi Branch again to submit application, asking to arrangement meeting with Liu but was rejected. And issued a rejection letter on the spot to lawyer Ge.)
  • Can the lawyers obtained information from the investigation body? : No (On 17 September 2015, his lawyers went to Tianjin Hexi Branch investigative team to submit written formalities, applications to meet with Liu and legal opinion)
  • Communicate with outside world? : No
  • Allowed to change the compulsory criminal measure?: No (On 20 August 2015, lawyers asked to change the compulsory criminal measures but the police refused to reply) (On 17 September 2015, lawyer submitted application to change compulsory criminal measures, they later refused “notice of refusal to change compulsory criminal measures”)
  • Incommunicado: 173 days
  • Treatment of Family: /
  • Reported by state media?: Yes
  • Remedies and their Effects:/
  • Lawyers: Wang Lei, Ge Wenxiu

 

5.Li Heping李和平

  • Identity: lawyer
  • Work Location/ Residence: Beijing/ Beijing
  • Alleged Offence: unknown
  • Compulsory Criminal Measures: unknown (He was taken away by police on 10 July 2015 14:00)
  • Handling authorities: Tianjin Public Security Bureau Hexi Branch (On 11 September 2015, Mr. Wong from the investigative team of Tianjin Hexi Branch received the lawyers’ documents and said that they are the unit in charge of the case) (On 10 October 2015, defense lawyer Ma Lianshun went to Tianjin Public Security Bureau Hexi Branch Investigation Team to ask about the facts of the case, the compulsory criminal measures, the staff in charge of the case, and asked to meet with Li. However, the investigation team leader Zhao Xu said “I don’t know. The case was taken up by all the departments in the branch, most of the departments are in the branch. They know more information than us, you better go and ask them.” However, other departments of Hexi Branch refused to answer questions from the lawyers.)
  • Detention Location/Residential Surveillance Location: unknown (police refused to disclose)
  • Did Family Receive Notice? : No
  • Allowed to Meet with Lawyer? : No (On 7 September 2015, lawyers went to Hexi Branch and asked to meet with Li, but Hexi Branch refused on the grounds that Li was in suspicion of inciting subversion of state power) (On 11 September 2015, lawyers went to Tianjin Hexi Detention Centre and investigative team and urge the Public Security organs to reply whether Li is under any compulsory criminal measures, if so, what measures, what unit is in charge of the case, the case details, suspected charge and asked to meet with Li.)(On 26 November 2015, defense lawyer Ma Lianshun and Cai Ying after much efforts finally met with Hexi Branch police officer Zhao Xu and submitted the application to meet with Li.)
  • Can the lawyers obtained information from the investigation body? : No
  • Communicate with outside world? : No (Li’s defense lawyer Ma wrote a letter to Li and asked Zhao Xu to give it to Li on 10th October.)
  • Allowed to change the compulsory criminal measure?: No
  • Incommunicado: 173 days
  • Treatment of Family: Li Heping’s wife was summoned to be interview by the Tianjin Police and Beijing Police for 5 hours for suspicion of “picking quarrels and provoking troubles” because she posted articles about Li Heping online consecutively. (2) Son and daughter were not allowed to leave the country. (3) His brother lawyer Li Chunfu was under secret detention. (4)On 26 November 2015, Li’s wife asked Zhao Xu to help deliver clothes to Li, but was rejected.
  • Reported by state media?: Yes
  • Remedies and their Effects:(1)On 30 July 2015, Tianjin Public Security Bureau has received the “Disclosure of Government Information Application Form” from Li Heping’s wife asking for Tianjin Public Security Bureau to provide the investigative organ’s name, persons-in-charge of the case and their contact details.(2)Beijing Public Security Bureau released “Rejection Letter of Application for Administrative Reconsideration”: Items applied (Urging the Daxing Branch to investigate into Li Heping’s disappearance, verifying the handling units for executing compulsory criminal measures, the nature of the compulsory criminal measures, the location of detention etc.) are not within the scope of administrative reconsideration.(3)Li Heping’s wife sued 9 media agencies including People’s Daily for defamation, Haidian Court held that the case is inadmissible because Wang Qiaoling has no direct interest with the media reports. (4)On 7 August 2015, Lawyers went to the Tianjin Procuratorate Centre for Complaints, asking the Tianjin Public Security Bureau to handle the case according to the law and to investigate whether the police has committed any illegal act in Le Heping’s case. No result(5)On 8 September 2015, Tianjin Police replied to Li’s wife information disclosure whether Tianjin Big Bomb has any effect on Li Heping, saying that the information is non-existence and does not belong to the category of information disclosure.(6)On 11 September 2015, lawyer Ma Lianshun went to Tianjin Public Security Bureau for Letters and Calls and check on the request made on 27 July about Li’s situation. The female police officer replied, “no such record!” (7) On 10 November 2015, wife of lawyer Li Heping and wife of lawyer Wang Quanzhang paid a visit to the Beijing Bar Association and met with Mr Fu and Ms Zhao at the lawyers’ rights department, who expressed that they would report the lawyers’ missing to their leaders. (8) On 11 Novermber 2015, wife of lawyer Li Heping and wife of lawyer Wang Quanzhang visited the Beijing Bar Association again. They has a meeting with the deputy secretary-general, who told that they had no idea that most of the lawyers detained in the “709 Crackdown” had not received notification about their detention status. (9) Lawyer Cai Ying was barred from leaving the country, so he went to complain about the border department, Changsha Tianxin People’s Court accepted the case on 9 November 2015. (10) On 16 November 2015, Li Heping’s and Wang Quanzhang’s wives went to Beijing Lawyers Association, Lawyers Association replied, “Judicial Bureau said Wang is in Tianjin but don’t know specific location. We suggest you to contact chiefs of Judicial Bureau.” Wang’s family again requested to protect the families’ the right to know, right to meet with lawyers, and asked the lawyers association to fulfill their duties and to go to Judicial Bureau with the families. (11) On 17 November 2015, Li Heping’s and Wang Quanzhang’s wives went to Beijing Lawyers Association and asked them to accompany their families to go to Judicial Bureau, Lawyers Association replied that “we have a lot of matters to attend to, not only this one”. Families asked to meet with the chairman of Lawyers Association, Lawyers Association replied, “you have to hand in written materials first and we will reply whether you can meet with the chairman.” (12) On 18 November 2015, Li Heping’s wife went to Beijing Lawyers Association to submit “Open Letter to Beijing Lawyers Association Chairman Gao Zicheng” to ask him to protect the rights of the detained lawyers. (13) On 19 November 2015, Wang Quanzhang’s and Li Heping’s wives went to Beijing Lawyers Association. Officers told them that they have already informed the chairman and secretary-general, they will convene a conference with chairman and secretary-general as soon as possible. (14)On 20 November 2015, Li Heping’s and Wang Quanzhang’s wives went to Beijing Lawyers’ Association. They were told that the relevant department has received the letter for the chairman of the Lawyers’ Association, they will forward the letter to chairman when the he comes to the Association. Time unknown.(15)On 23 November 2015, Li Heping’s, Wang Quanzhang’s and Li Chunfu’s wives went to Beijing Lawyers’ Association, they were told that the chairman did not come to the Association, they will need to continue the wait.(16)On 24 November 2015, Li Heping’s and Wang Quanzhang’s wife went to Beijing Lawyers’ Association, but the staff there refused to come out to receive them. (17)On 25 November 2015, Li Heping’s and Wang Quanzhang’s wives went to the Beijing Lawyers’ Association chairman Gao Zicheng’s law firm, they were told by the secretary that lawyer Gao is often not in the law firm, that they will not be able to meet him. Li Heping’s wife called Gao’s phone number but no one answered. (18) On 29 November 2015, Li Heping’s wife applied to Ministry of Public Security for information disclosure: “designated jurisdiction decision letter from Ministry of Public Security to Beijing Public Security organ and Tianjin Public Security organ.” She also applied to Beijing Justice Bureau for information disclosure of: Secretary-General Gao Peng’s and Ministry of Justice Lawyers Notary Work Guidance Division Deputy Director He Yong’s personal assets, properties under his name, spouse’s and children’s citizenship and salary; the number of copies, number of prints, distribution scope and quantity of the book “Cautionary Education: Excerpts of Beijing Fengrui Law Firm’s suspected serious crimes news report and relevant commentaries” edited by Beijing Justice Bureau in July 2015 for all Beijing law firms. Beijing Justice Bureau accepted the application materials and issued a receipt and promised a written reply before 24 December 2015. (19) On 9 December 2015, Wang Quanzhang’s sister and wife, Li Heping’s wife and brother-in-law of Xie Yuandong went to Tianjin Public Security Bureau Hexi Branch to liaison with the staff. (20) On 10 December 2015, Wang Quanzhang’s sister, Guo Hongguo’s wife, Li Heping’s wife, Wang Quanzhang’s wife and Xie Yuandong’s brother went to Tianjin Public Security Bureau Hexi Branch again to liaise with the staff. (21) In December 2015m defense lawyer made complaints in all aspects: to Tianjin Public Security Bureau and Tianjin Procuratorate about illegal acts of the Tianjin Police; to the Tianjin Supervision Bureau asking for their supervision to the illegal acts of the Tianjin Police; to the State Secrecy Bureau about Tianjin police leaking the secret of 709 case to the CCTV, People’s Daily and ask for their law enforcement; applied for a series of related information disclosure. Other than the Tianjin Supervision Bureau which replied on the phone “it is none of our business”, the other organs have not given any reply. (22) On 11 December 2015, Li Heping’s wife received the reply letter of information disclosure, that they will give a reply on 23 December 2015.
  • Lawyers: Cai Ying, Ma Lianshun (On 9 December 2015 defense lawyer Ma Lianshun on the way to Tianjin Public Security Bureau Hexi Branch to ask to meet with Li, Ma was taken away by Fengchan Road Police Station and illegally detained for 41 hours, on 11 December 3:35 pm he was released, and the police restricted him from leaving Zheng Zhou before 18 December.)

 

6.Xie Yanyi谢燕益

  • Identity: lawyer
  • Work Location/ Residence: Beijing / Beijing
  • Alleged Offence: unknown
  • Compulsory Criminal Measures: unknown (He was interviewed on 10 July 2015 afternoon, taken away on 12 July morning, his home was raided in the afternoon and under compulsory criminal measures since)
  • Handling authorities: unknown
  • Detention Location/Residential Surveillance Location: unknown
  • Did Family Receive Notice? : No
  • Allowed to Meet with Lawyer? : No
  • Can the lawyers obtained information from the investigation body? : /
  • Communicate with outside world? :/
  • Allowed to change the compulsory criminal measure? :/
  • Incommunicado: 171 days
  • Treatment of Family:/
  • Reported by state media?: Yes
  • Remedies and their Effects:/
  • Lawyers: unknown

 

7.Zhou Shifeng周世锋

  • Identity: lawyer
  • Work Location/ Residence: Beijing (Fengrui) / Beijing
  • Alleged Offence: inciting subversion of state power
  • Compulsory Criminal Measures: residential surveillance at a designated location (Taken away on 10 July 2015 07:30, was later informed on 24 September that have been changed to residential surveillance at a designated location)
  • Handling authorities: unknown
  • Detention Location/Residential Surveillance Location: unknown
  • Did Family Receive Notice? : No
  • Allowed to Meet with Lawyer? : No
  • Can the lawyers obtained information from the investigation body? : /
  • Communicate with outside world? :/
  • Allowed to change the compulsory criminal measure? :/
  • Incommunicado: 173 days
  • Treatment of Family/law firm: (1) Since Zhao and his staff in Fengrui Law Firm were taken away on 10 July 2015, all the lawyers in the firm have almost stopped business for about 3 months. On the day Zhao was taken away, the financial staff was also taken away, the financial records and company seals were also raided. Without the company seal, the lawyers cannot take up new cases, cannot issue fee note, cannot issue documents on behalf of the law firm to the lawyers. Now, around 50 lawyers in the whole firm were transferred away, however the transfer applications have been sent to the Beijing Justice Bureau for a month now but the reply was that approval from the task force is needed. (2) On 1 December 2015, Fengrui Law Firm lawyer Liu Xiaoyuan’s son who studies in Nanchang University went to Nanchang Public Security Bureau Immigration Department to apply for a passport for a second time. The police staff checked the computer which stated, “Restrictions on passport application by the Beijing Public Security Bureau No. 1 Taskforce until the second half of next year. It was not a restriction by the Nanchang Public Security Bureau, so advised them to go to Beijing Public Security Bureau for legal applications.” On 15 October 2015, Lawyer Liu’s son went to Nanchang Public Security Bureau Immigration Department to apply for passport and the police officer told him that the Beijing Public Security Bureau No. 1 Taskforce (National Security Bureau No.1 Taskforce) restricted his application for passport.
  • Reported by state media?: Yes
  • Remedies and their Effects:/
  • Lawyers: Wang Shaoguang

 

8.Huang Liqun黄力群

  • Identity: lawyer
  • Work Location/ Residence: Beijing (Fengrui) / Beijing
  • Alleged Offence: unknown
  • Compulsory Criminal Measures: residential surveillance at designated location (Incommunicado since 10 July 2015 08:30)
  • Handling authorities: unknown
  • Detention Location/Residential Surveillance Location: unknown
  • Did Family Receive Notice? : No
  • Allowed to Meet with Lawyer? : No
  • Can the lawyers obtained information from the investigation body? : /
  • Communicate with outside world? :/
  • Allowed to change the compulsory criminal measure? :/
  • Incommunicado: 173 days
  • Treatment of Family:/
  • Reported by state media?: Yes
  • Remedies and their Effects:/
  • Lawyers: unknown

 

9.Sui Muqing隋牧青

  • Identity: lawyer
  • Work Location/ Residence: Guangdong/ Guangdong
  • Alleged Offence: inciting subversion of state power
  • Compulsory Criminal Measures: residential surveillance at designated residence (Taken away on 10 July 2015 23:40)
  • Handling authorities: Guangzhou Public Security Bureau
  • Detention Location/Residential Surveillance Location: unknown (police refused to disclose)
  • Did Family Receive Notice? : Yes
  • Allowed to Meet with Lawyer? : No (Lawyers submitted application, but no reply was received)
  • Can the lawyers obtained information from the investigation body? :No (On 17 September 2015, lawyer Ran Ton went to Guangzhou Public Security Bureau to ask about the situation of Sui, but the Bureau redirected him to the Bureau for Letters and Calls. Lawyer Ran Tong went to the Guangzhou Bureau for Letters and Calls to submit a lawyer’s letter, requesting the Bureau to disclose the case facts and the letter was received by the Bureau.)
  • Communicate with outside world? : No
  • Allowed to change the compulsory criminal measure? : No
  • Incommunicado: 173days
  • Treatment of Family: (On 17 November 2015, Radio Free Asia reported that, the police has tried to appease Sui Muqing’s wife Ms. Sun many times not to accept interview invitations, keep silent and low-profile. “Just tell them that you don’t worry about your husband, we won’t do anything to him, on the condition that you don’t go and spread about it. Sui do not get information inside, he just eats and drinks as usual every day, even smoking is provided inside, but the only thing is that we have blocked information from him”.)
  • Reported by state media?: Yes
  • Remedies and their Effects:(1) In the morning of 10 December 2015, defense lawyer Ran Tong went to Guangzhou Public Security Bureau to liaison with the staff about Sui’s case but in vain. He applied for information disclosure on the spot asking to disclose whether the Bureau’s director, deputy director, political department head and discipline inspection team leader attended the 12.4 Constitutional Day commemoration. (2) In the afternoon of 10 December 2015, defense lawyer Ran Tong went to Guangzhou Procuratorate to complain about the police. (3) On 22 December 2015, defense lawyer Ran Tong received Guangzhou Public Security Bureau’s reply: the information you applied for do not belong to government information.
  • Lawyers: Ran Tong, Liu Zhenqing

 

10.Xie Yang谢阳

  • Identity: lawyer
  • Work Location/ Residence: Hunan/ Hunan
  • Alleged Offence: inciting subversion of state power, disruption of court order
  • Compulsory Criminal Measures: residential surveillance at designated residence (Taken away on 11 July 2015 05:40)
  • Handling authorities: Changsha Public Security Bureau (On 7 August 2015, lawyers was informed that the case was dealt with by a task force that is comprised of 40 persons) (On 29 October 2015, lawyers was informed by Xie’s family that Changsha Public Security vice-captain Mr. Lau said that “Central organ is in charge of Xie’s case, it is useless to hire lawyers, his case has not ended”.
  • Detention Location/Residential Surveillance Location: unknown (police refused to disclose)
  • Did Family Receive Notice? : Yes
  • Allowed to Meet with Lawyer? : No (On 10 September 2015, lawyers sent a written legal opinion to Changsha Public Security Bureau, asking to meet with the officer-in-charge of the case and to be informed about the case situation and to arrange meeting with Xie.)
  • Can the lawyers obtained information from the investigation body? : No (Hunan Police replied, “we do not know the case facts so cannot disclose information to you”)
  • Communicate with outside world? : Yes (On 22 September, Xie was able to exchange letters with lawyers and family. Xie Yang hopes his lawyers can maximize his legitimate rights and interests) (On 6 November 2015, Mrs. Xie received a letter written by Xie Yang on 2 November. Xie Yang told in the letter that he had received books and some items, which some letters had not been allowed to deliver, that he was monitored by three men every day and had got used to that. Xie Yang also expressed optimism and explained some family business. In addition, Xie Yang did not mention in the letter that he had received any letter from his lawyers.)
  • Allowed to change the compulsory criminal measure? : No (On 27 August 2015, submitted application, Incommunicado: 172 days
  • Treatment of Family: /
  • Reported by state media?: Yes
  • Remedies and their Effects:(1) On 27 August 2015, lawyers complained to the police inspector that Changsha police has ignored and did not care about the lawyers’ opinions. (2) On 13 November 2015, lawyer Zhang Zhongshi made a complaint to the Hunan People's Procuratorate about the investigative organ’s denial of meetings with lawyers and its refusal to inform the lawyers of any case details. (3) Defense lawyer Zhang Zhongshi made enquires to Hunan Procuratorate and was told that the prosecution was transferred to Changsha Procuratorate. Afterwards, he contacted Changsha Procuratorate who replied the materials are not received yet. On 25 November 2015, lawyer Zhang Zhongshi sent the complaint letter to Changsha Public Security Bureau direct Branch officer Hu who agreed will deliver the letter to relevant officers. (4) On 27 November 2015, Hunan 17 lawyers issued an open letter “Hunan lawyers asked for the effective protection of lawyer Xie Yang and urge for right to litigation”, asking the Changsha Public Security Bureau to stop its illegal acts and protect the litigation rights of Xie Yang according to law, call on the Changsha People’s Procuratorate, Hunan People’s Procuratorate to fulfill their legal supervision duties and to supervise and order Changsha Public Security Bureau to correct its illegal acts. (5) On 7 December 2015, defense lawyer Zhang Zhongshi and Hu Linzheng went to Changsha Procuratorate Complaint Department to complain Changsha Public Security Bureau’s violation of Xie Yang’s defense lawyer’s litigation rights. Hu Linzheng gave the Hunan 17 lawyers’ open letter and lawyer Chen Jiangang’s article “Xie Yang, this person” to department head Mr. Xia. The Procuratorate kept a record of the lawyers’ opinion and said that a written reply will be issued within 10 days. (6) On 28 December 2015, Changsha Procuratorate complaint department told lawyer Zhang Zhongshi that the case has been transferred to Department of investigation supervision and they will investigate and reply.
  • Lawyers: Zhang Zhongshi, Liu Jinbin

 

11.Li Chunfu李春富

  • Identity: lawyer, younger brother of Li Heping
  • Work Location/ Residence: Beijing/ Beijing
  • Alleged Offence: /
  • Compulsory Criminal Measures: Residential Surveillance at designated location (He was taken away by Tianjin Police on 1 August 2015 22:00. On 15 September 2015, his lawyer was informed that he was put under residential surveillance at designated location)
  • Handling authorities: Tianjin Public Security Bureau Hexi Branch (defense lawyer Gao Chengcai revealed that, originally Tianjin police admitted their jurisdiction over Li Chunfu’s case but now not only do they not admit it but lie that they know nothing about the case) (On 25 December 2015, defense lawyer Gao Chengcai met with Zhao Xu and asked for “Ministry of Public Security jurisdiction decision letter”, Zhao replied that “this is not the instruction of Ministry of Public Security, I have not seen such decision letter”.)
  • Detention Location/Residential Surveillance Location: unknown (police refused to disclose)
  • Did Family Receive Notice? : No
  • Allowed to Meet with Lawyer? : No (On 23 October 2015, lawyers submitted application to meet with Li, but Tianjin Hexi branch not replied. The lawyers contacted the chief officer of the Hexi Branch who claimed Beijing police is in charge of the case, Tianjin has no right to make decisions and they needs the order from Beijing superiors) (15 September 2015, lawyers request to meet is refused) (On 23 October 2015, lawyers have submitted request to meet with Li, but did not get any reply. They called the Branch’s chief, whom told them that Beijing police is in charge of the case, they have no right to make any decision, they have to wait for the superior of Beijing to make decisions) (On 13 November 2015, lawyer Gao Chengcai went to Tiajin public Security Bureau Hexi Branch to ask to meet with Li Chunfu, but got the reply that “6 months of residential surveillance, Li Chunfu has already been here for 120 days. They are not locked up here, we will notify you if you are allowed to meet with Li.”) (On 25 December 2015, defense lawyer Gao Chengcai went to Tianjin Hexi Detention Centre and ask to meet with Li Chunfu. The officer called his superior and replied that it is better to contact Zhao Xu. Lawyer met with Zhao Xu: after about 15 days, you will be allowed to meet with Li without any hindrance. Even though Li Chunfu was not put under residential surveillance on 10 July, but you will still have a result.
  • Can the lawyers obtained information from the investigation body? : / (The receptionist refused on the grounds that he is not in charge of the case and does not know the case)
  • Communicate with outside world? :/
  • Allowed to change the compulsory criminal measure? :/
  • Incommunicado: 161 days
  • Treatment of Family: His home was raided.
  • Reported by state media?: No
  • Remedies and their Effects:On 20 November 2015, Li Chunfu’s family members (represented by lawyer Gao Chengcai) submitted government information disclosure application to the Ministry of Public Security asking for the “designated jurisdiction decision” from the Ministry to Beijing and Tianjin Public Security organs, to prove the exact investigation taskforce responsible for Li’s case. A written reply should have be issused on 9 December according to law to lawyer Gao but no reply was received since.
  • Lawyers: Gao Chengcai, Xiong Dongmei

 

12.Xie Yuandong谢远东

  • Identity: trainee lawyer
  • Work Location/ Residence: Beijing (Fengrui)/ Beijing
  • Alleged Offence: inciting subversion of state power (On 10 July 2015, he was put under residential surveillance at designated residence for suspicion of picking quarrels and provoking troubles, it was made known on 14 August 2015 that it was changed to inciting subversion of state power)
  • Compulsory Criminal Measures: residential surveillance at designated residence (On 10 July 2015, he was taken away from home and put under residential surveillance at designated residence on the same day)
  • Handling authorities: Tianjin Public Security Bureau Hexi Branch
  • Detention Location/Residential Surveillance Location: unknown (police refused to disclose)
  • Did Family Receive Notice? : Yes (received on 4 August 2015)
  • Allowed to Meet with Lawyer? : No (On 11 September 2015 lawyers went to Hexi Branch and asked to meet with Xie, the police refused on the grounds that Xie is in suspicion of inciting subversion of state power) (On 2 December 2015, defense lawyer Zhang Ren went to Hexi Detention Centre to ask to meet with Xie but was rejected.) (On 10 December 2015, defense lawyer Zhang Ren went to Hexi Detention Centre to ask to meet with Xie but was rejected.) (On 15 December 2015, defense lawyer Liu Rongsheng went to Hexi Branch to hand in application to be defense lawyer of Xie but was unable to meet with Zhao Xu so he left.)(On 25 December 2015 defense lawyer Liu Rongsheng went to Hexi Branch to meet with Zhao Xu and submitted applications and formalities asking to meet with Xie and to be provided with information of the investigation unit and officers, Xie’s postal address. Zhao replied that meeting with Xie is not allowed.)
  • Can the lawyers obtained information from the investigation body? : /
  • Communicate with outside world? :/
  • Allowed to change the compulsory criminal measure? :/
  • Incommunicado: 173 days
  • Treatment of Family: (1) On 11 September his family delivered clothes to him but was refused by the police. (2) On 2 December 2015, Tianjin Public Security Bureau Hexi refused to deliver money and clothes given by Xie’s family to Xie Yuandong.
  • Reported by state media?: Yes
  • Remedies and their Effects:(1) On 9 November 2015, lawyer Li Yongheng filled out the "Visitors' registration form" at Tianjin Public Security Bureau Petition Department. (2) On 9 December 2015, Wang Quanzhang’s sister and wife, Li Heping’s wife and brother-in-law of Xie Yuandong went to Tianjin Public Security Bureau Hexi Branch to liaison with the staff. (3) On 10 December 2015, Wang Quanzhang’s sister, Guo Hongguo’s wife, Li Heping’s wife, Wang Quanzhang’s wife and Xie Yuandong’s brother went to Tianjin Public Security Bureau Hexi Branch again to liaise with the staff.
  • Lawyers: Du Qingbo, Li Yongheng, Zhang Ren, Liu Rongsheng

 

13.Li Shuyun(F)李姝云

  • Identity: lawyer, assistant of Zhou Shifeng
  • Work Location/ Residence: Beijing (Fengrui)/ Beijing
  • Alleged Offence: unknown
  • Compulsory Criminal Measures: unknown (Taken away by police on 10 July 2015 11:30)
  • Handling authorities: unknown
  • Detention Location/Residential Surveillance Location: unknown
  • Did Family Receive Notice? : No
  • Allowed to Meet with Lawyer? : No
  • Can the lawyers obtained information from the investigation body? : /
  • Communicate with outside world? :/
  • Allowed to change the compulsory criminal measure? :/
  • Incommunicado: 173 days
  • Treatment of Family: /
  • Reported by state media?: No
  • Remedies and their Effects:/
  • Lawyers: Li Jinglin

 

14.Zhang Kai张凯

  • Identity: lawyer
  • Work Location/ Residence: Beijing/ Beijing
  • Alleged Offence: gathering and disturbing social order, crime of stealing, spying, buying, and illegally providing state secrets and intelligence to entities outside of China
  • Compulsory Criminal Measures: residential surveillance at designated location (On 25 August 2015 midnight, he was taken away with his assistant Liu Peng and Fang Xiangui)
  • Handling authorities: Zhejiang Wenzhou Public Security Bureau
  • Detention Location/Residential Surveillance Location: unknown (police refused to disclose)
  • Did Family Receive Notice? : yes
  • Allowed to Meet with Lawyer? : No (On 9 October 2015, Wenzhou Public Security released the “not allowed to meet with lawyer decision” for the third time, the reason being “meeting with lawyers would impede the investigation or might release state secrets”) (On 14 October 2015, the lawyers have applied for the 4th time and “not allowed to meet lawyers decision” was released for the 4th time on 14 October 2015) (16 November 2015, Wenzhou Public Security Bureau has issued the “refusal to arrange meeting decision” for the 5 times, the reasons are still “impede investigation or may leak state secrets”.)
  • Can the lawyers obtained information from the investigation body? : No
  • Communicate with outside world? : No (Lawyers have written 4 letters to Zhang Kai, but they have not received any reply from Zhang, Wenzhou Public Security Bureau reception police did not even reply if the letter is delivered to Zhang)
  • Allowed to change the compulsory criminal measure? : No
  • Incommunicado: 127 days
  • Treatment of Family/Law Firm:(1)on 9 September 2015, Zhang Kai’s bank accounts were frozen by Wenzhou Public Security Bureau.(2)In the early morning of 17th October, the Wenzhou Police searched Zhang Kai’s home in Beijing, and they also required Zhang Kai’s sister Zhang Yan to the local police station for written statement before they left.(3)Family was threatened by police not to release information online about the case.(4)On 16 November 2015 morning, 7 police officers went to the law firm of Zhang Kai to check the audit reports, in which 4 were from Wenzhou Public Security Bureau, 3 were from Beijing Public Security Bureau. They have photocopied many documents and information that are related to Zhang Kai, and has obtained written statement from law firm director lawyer Yang Xingquan’s assistant Xiao Meng. Director Yang Xingquan was out for business in Wenzhou that day. (5)On 17 November 2015 around 12 in the morning in Wenzhou Intermediate Court, lawyers Yang Xingquan and Chen Jiangang went to court. After court hearing, men who claimed to be Wenzhou police (they never showed any identification documents, even when the bailiff asked) came to arrest lawyer Yang Xinquan. Because Yang’s client Yao Jie’s family and friends (Yao Jie’s wife, sister, brother-in-law etc.) stopped the police officers, Yang was able to escape. But on 18 November, Yao Jie’s 5 family members and friends (Yao Jie’s wife, sister, brother-in-law and 2 others) were detained.
  • Reported by state media?: Yes
  • Remedies and their Effects:(1)On 15 October 2015, 2 defense lawyers went to Wenzhou Procuratorate to complain about the Wenzhou Public Security Bureau for refusing to let the lawyers know the details of the case. (2)On 29 October 2015, Wenzhou Procuratorate sent a written reply saying that they have already given verbal notice to the Wenzhou Public Security to right their wrong on 26 October. (3) On 4 November 2015, lawyer went again to the Wenzhou Public Security Bureau to ask for the case facts that are now confirmed, the authority even after received the Wenzhou Procuratorate’s supervisory correction on the illegal acts, continued to continue the illegal acts and refused to tell the lawyers about Zhang’s case. (4) On 4 November 2015, lawyer went to Wenzhou Procuratorate to hand in “legal opinion asking the procuratorate to supervise the investigation of Zhang’s case”, “legal opinion asking the procuratorate to supervise and allow lawyers to meet with Zhang according to law”, “Complaint concerning Wenzhou Public Security Bureau director Huang Baokun and relevant police officers who are in suspicion of breaching the detainee and his lawyer’s right to communicate”. 5)On 23 November 2015, Zhang Kai’s defense lawyers Zhang Lei and Liu Peng’s defense lawyer Li Baiguang submitted “Legal opinion of asking the Procuratorate to order the Wenzhou Public Security Bureau to arrange meeting with lawyers” to Wenzhou Procuratorate, asking them to supervise and ask Wenzhou Public Security Bureau to immediate arrange lawyers to meet with Zhang Kai and Liu Peng.(6)(6)On 24 November 2015, Zhang Kai’s defense lawyer Zhang Lei and Liu Peng’s defense lawyer Li Baiguang submitted “Legal opinion of request to supervise Wenzhou Public Security Bureau and its director Huang Baokun” to Wenzhou Supervision Bureau and Zhejiang People’s Procuratorate. The Legal Opinion stated that: Wenzhou Public Security Bureau when dealing with the cases of Zhang Kai and Liu Peng has done illegal acts of not disclosing case facts, infringing the parties and their lawyers’ communication rights, the parties dismissed their lawyers without meeting with their lawyers, parties were not allowed to meet with their lawyers when there was no evidence to prove that meeting with the lawyers would be disallowed by law, did not notify their family members about location of their residential surveillance at designated location. These acts are illegal and extremely unusual, the Bureau has seriously undermined the correct implementation of the “Criminal Procedural Law”, seriously violated the parties and lawyers’ statutory rights to litigation. The director the bureau Huang Baokun should take up direct responsibility, thus they ask for the supervision of the supervision organs according to law to supervise the Wenzhou Public Security Bureau and its director Huang Baokun when dealing with the cases of Zhang Kai and Liu Peng’s cases. (7)On 24 November 2015, Zhang Kai’s defense lawyer Zhang Lei and Liu Peng’s defense lawyer Li Baiguang submitted to “Legal opinion asking for the supervision of Zhejinag People’s Procuratorate over Wenzhou Public Security Bureau” to Zhejiang People’s Procuratorate to ask for the Zhejiang People’s Procuratorate to supervise, stop and correct illegal acts of Wenzhou Public Security Bureau. (8) On 30 November 2015, defense lawyer Zhang Lei called Zhejiang Procuratorate to complain about the Wenzhou Public Security in dealing with Zhang Kai and others cases, it is against the law to not tell the lawyers about the cases information, deprived the detainees of the right to communication, abnormal dismissal of laws, not allowed to meet with the detainees is an abuse of power, enforced disappearance etc. after investigation the Procuratorate found out that Zhang Kai has already dismissed Li as his lawyer so the complaint was not accepted. Zhang Lei said according to Supreme Court, Supreme Procuratorate and Supreme Ministry of Public Security, Ministry of Justice, Ministry of National Security “Regulations of protection of lawyers’ right to practice” article 8 that in such circumstances meeting with Zhang Kai should be arranged to confirm the dismissal of Zhang Lei. Zhejiang Procuratorate replied that cases that is related to national security has to obtain permission in order to arrange meeting and that their understanding of law is different from Zhang Lei and Zhang Lei is no longer the defense lawyer. In the end, Zhang Lei asked for a written reply according to law, the Prociratorate replied that Zhang Lei is no longer Zhang Lei defense lawyer so a verbal reply is sufficient. (9) On 9 December 2015, defense lawyer Zhang Lei submitted complaint documents to the Central Government.
  • Lawyers:Li Guisheng, Zhang Lei (On 13 November 2015, a police officer surnamed Pan informed lawyer Zhang Lei by telephone with number 0577-89980392 that Zhang Kai had dismissed Zhang Lei, who was entrusted by Zhang Kai’s mother, as his defense lawyer and he also claimed that they had got document written by Zhang Kai himself.) (On 16 November 2015, lawyer Zhang Lei received by mail the written document of “temporary dismissal from employment” from Wenzhou Public Security Bureau. The document was titled, “temporarily dismiss lawyer Zhang Lei”, the content reads, “because of personal consideration, I temporarily dismiss Zhang Lei as my defense lawyer”, it was signed by Zhang Kai, dated 2015.11.12”, it was a photocopy.)(3)On 23 November 2015, defense lawyer Zhang Lei received a letter written by lawyer Zhang Kai to his parents, the letter read, “Father and mother, change in life cannot be escaped, face it optimistically, I believe what we have encountered, whether a blessing or a curse, are in the hands of God, so we need not worry too much. I am trying our best to communicate with the police, hope that the situation will be better. Thank you for helping me hire a lawyer, lawyer Zhang Lei is a good lawyer and will do his best to help me, I thank him for giving me a helping hand in times of troubles. Because I am communicating with the police, so I will temporarily dismiss Zhang Lei as my lawyer. I hope that you will take care of yourselves and face this with optimism and correct attitude, it will get better.” It was signed off as “Son Zhang Kai 12 November 2015”.(4)On 23 November 2015, defense lawyer Zhang Lei submitted “lawyers letter requesting to arrange meeting with Zhang Kai” to Wenzhou Public Security Bureau, he asked to meet with Zhang Kai according to article 8 paragraph 1 of “Provisions concerning the protection of lawyers’ rights to practice according to law” published on 16 September 2015 by the Supreme People’s Court, Supreme People’s Procuratorate, Ministry of Public Security, Ministry of State Security, Ministry of Justice. He also asked to verify whether the note was written by Zhang Kai in person, whether it was really Zhang Kai’s own intention to dismiss Zhang Lei and whether Zhang Kai was induced to do such counterintuitive act because of torture, fraud or other illegal treatments.

 

2 Lawyers’ Assistants

 

  1. Zhao Wei (F)赵威(考拉)
  • Identity: Lawyer Li Heping’s assistant
  • Work Location/ Residence: Beijing/ Beijing
  • Alleged Offence: picking quarrels and provoking troubles, inciting subversion of state power (Previously charged for picking quarrels and provoking troubles, on 14 August 2015 was informed to have changed to inciting subversion of state power)
  • Compulsory Criminal Measures: residential surveillance at designated location (Taken away on 10 July 2015 17:00, on 28 July was made known that she was criminally detained in Hexi Detention Centre, on 17 September 2015 was informed to have changed to residential surveillance at designated location )
  • Handling authorities: Tianjin Public Security Bureau Hexi Branch (On 28 July 2015, defense lawyer Ren Quanniu went to Hexi Branch to look for Zhao Wei, Zhao Xu first admitted that Zhao Wei of “709 Crackdown” was detained at Hexi Detention Centre, the case was dealt with by an investigation unit set up by the superior organs and Hexi Branch is designated to have jurisdiction.) (On 17 September 2015, Lawyer Ren asked how to contact the task force responsible for the case, Zhao said it is impossible to contact and suggested lawyer Ren to inquire at the Hexi Branch. Zhao said that the investigation team is not responsible for the task force, they merely pass on messages.) (On 17 September 2015, lawyer Ren went to the Bureau for Letters and Calls and ask to meet the officer in charge of the case, an officer (#290797) Mr. Li said the whole bureau doesn’t know who is in charge of the case.) (On 13 November 2015, defense lawyer Ren Quanniu submitted an application to the Tianjin Public Security Bureau Hexi Bran demanding the handling authority to perform its duties such as informing the defense lawyers of the name, address and contact of the task force responsible for the case.)(On 19 November 2015, lawyer Ren Quanniu’s submission of “request to investigate organ’s fulfillment of duties application” to Tianjin Hexi Branch was returned by mail, the postman said that “the letter was rejected”.)
  • Detention Location/Residential Surveillance Location: unknown (police refused to disclose) (On 17 September 2015, lawyer Ren Quanniu went to the Detention Centre’s enquiries windows to ask for the officer in charge of the case and ask to meet with Zhao. Officer told him that “there is no such person!”)
  • Did Family Receive Notice? : No
  • Allowed to Meet with Lawyer? : No (On 28 July 2015, defense lawyer Ren Quanniu went to Tianjin Hexi Detention Centre to ask for meeting with Zhao Wei. Detention Centre replied that currently no meeting with lawyers were allowed because they have discovered “new crimes”, and Zhao was involved in “3 categories” crime, meeting with Zhao has to be approved by the investigation organs.)(On 27 August 2015, Tianjin Public Security Bureau Hexi Branch investigation team returned the “application letter” sent by the lawyers of Zhou Wei requesting to meet her, they did not give a reply.) (On 13 November 2015, defense lawyer Ren Quanniu submitted an application to the Tianjin Public Security Bureau Hexi Bran demanding meetings with his client.) (On 19 November 2015, lawyer Ren Quanniu’s submission of “lawyer requests to meet application” was returned, the postman said that the letter was”rejected”.) (On 26 November 2015, defense lawyer Yan Huafeng received “decision to refuse the meeting of lawyer” again.)
  • Can the lawyers obtained information from the investigation body? : no (the investigative organ refused)(On 17 September 2015, lawyer Ren Quanniu went to the Tianjin Hexi Public Security Bureau to submit written applications, an application requesting to meeting to Zhao and a letter of legal opinion.)(On 20 October 2015, Zhao’s mother went On 20th October, the birthday of Zhao Wei, her mother requested to send clothes and to meet Zhao at Tianjin Hexi Detention Centre, but was rejected. They asked Zhao Xu what crimes did Zhao Wei committed, Zhao Xu replied, “didn’t you watch CCTV? On 12, 13 July and the incident outside the door of Henan court house.”)
  • Communicate with outside world? :No
  • Allowed to change the compulsory criminal measure? : No (On 29 November 2015, Zhao Wei’s husband You Minglei submitted a “change of Zhao Wei’s compulsory criminal measure application” to Tianjin Public Security Bureau Hexi Branch. You stated that, since Zhao Wei is in complete disappearance stage, so there is no other way but to change the compulsory criminal measure to arrest.) (On 3 December 2015, Zhao Wei’s husband You Minglei received Tianjin Public Security Bureau Hexi Branch’s rejection to change compulsory criminal measures notice: after review, we think temporarily it is not suitable to change Zhao’s compulsory criminal measures so we have rejected your request.)
  • Incommunicado: 173 days
  • Treatment of Family: 20 October 2015 was Zhao Wei’s birthday. On that day her mother made requests to the Tianjin Hexi Detention Center for meeting with Zhao and giving her clothes, but denied.
  • Reported by state media?: No
  • Remedies and their Effects:/
  • Lawyers: Ren Quanniu, Yan Huafeng

 

  1. Gao Yue高月(F
  • Identity: Lawyer Li Heping’s assistant
  • Work Location/ Residence: Beijing/ Beijing
  • Alleged Offence: inciting subversion of state power, picking quarrels and provoking troubles (On 20 July 2015, was put residential surveillance at designated residence for suspicion of picking quarrels and provoking troubles, on 12 August 2015 added inciting subversion of state power)
  • Compulsory Criminal Measures: residential surveillance at designated residence (decided on 20 July 2015)
  • Handling authorities: Tianjin Public Security Bureau Hexi Branch
  • Detention Location/Residential Surveillance Location: unknown (police refused to disclose)
  • Did Family Receive Notice? : Yes
  • Allowed to Meet with Lawyer? : No(On 4 August 2015, defense lawyer Wang FEi submitted a request to meet with Gao to the Tainjin Public Security Bureau Hexi Branch, but they have not given any written reply within the statutory time limit.)(On 20 November 2015, defense lawyer Wang Fei submitted “letter to ask for meeting with Gao Yue, the disclosure of case facts, uphold communication rights” to the Tianjin Public Security Bureau Hexi Branch, and submitted a letter to be delivered to Gao Yue.)(On 10 December 2015, defense lawyer Li Guobei went to Hexi Detention Centre to meet with Gao Yue but was rejected by the police.)
  • Can the lawyers obtained information from the investigation body? : No.
  • Communicate with outside world? : No. (On 20 November 2015, defense lawyer Wang Fei submitted a letter to be delivered to Gao Yue.)
  • Allowed to change the compulsory criminal measure? : No(On 20 November 2015, defense lawyer Wang Fei went to Tianjin Public Security Bureau Hexi Branch to submit “application to change the criminal compulsory measures of Gao Yue”. Lawyer Wang stated that as the current status of Gao Yue under residential surveillance at designated location is actually a type of secret detention, thus he especially applied to change the criminal compulsory measures of Gao Yue into detention in the detention centre, the lawyer said that he was left without alternatives to ask for the official arrest of Gao, so that she could be detained in a detention centre.)
  • Incommunicado: 163 days
  • Treatment of Family: /
  • Reported by state media?: No
  • Remedies and their Effects:(1)On 27 August 2015, because the investigation body refused to tell the lawyers about the person-in-charge of the case, the case facts, to let them send letters to Gao, the defense lawyers went to Hexi Branch to ask for these rights but was refused by the police;(2)On 27 August 2015, the lawyers went to the Tianjin Hexi Branch Procuratorate to complain about the illegal acts of the police and ask for the procuratorate’s supervision, they requested to have the rights to send letters to Gao. They were informed verbally that “the acts of the Public Security Bureau are not illegal, because the case is related to state secrets, thus no communication is allowed.” (3) On 22 September 2015 Tianjin Hexi Procuratorate Complaint supervision department issued “criminal supervision case acceptance notice”, and has accepted the complaint submitted by lawyer Wang Fei about Hexi Branch hindered the Gao’s right of criminal proceedings(4)On 19 November 2015 morning, Tianjin Hexi Procuratorate Complaint Department issued “reply letter”, saying that the complaint reason does not stand. Defense lawyer asked for the specific reason, director Zhao said, “we made the decision according to the meeting with lawyer requirements of the criminal procedural law, we believe that cases that involves leakage of secret does not need to allow for disclosure of the case facts and right to communication.” Defense lawyer followed up, “which provisions you referred in the criminal procedural law?” director Zhao did not give an opinion. (5)On 19 November 2015 afternoon, defense lawyer went to Tianjin Procuratorate again, he showed the reply letter from the Hexi Procuratorate and again asked the city Procuratorate to accept the complaint against Hexi Branch for its illegal act to obstruct the detainees’ rights. Tianjin Procuratorate replied that the case is supervised by the Ministry of Public Security, there is a taskforce responsible for it. (6)On 19 November 20115, lawyer Wang Fei and Li Guobei went to Tianjin Public Security Bureau Hexi Branch to ask to arrange meeting with chief Zhao Nianfu again about the serious violation of the rights of lawyers, the receptionist police officer Mr. Li (No. 290797) said that the chief will not meet with the lawyers on this matter, and about this case, Hexi Branch’s unified reply is “no comment”. Lawyers asked if this is personal opinion or the chief’s opinion, the officer said that this is the answer of the chief. On the same day, the 2 defense lawyers went to Tianjin Procuratorate to complain. (7) On 30 November 2015, Gao Yue’s mother went from her hometown Liaoning to Tianjin Hexi Branch investigation team to look for Zhao Xu to get case information, ask to meet with Gao Yue and to deliver clothes to her. The staff replied that “Zhao Xu is not at work today” and rejected her. (8) Since the beginning of December 2015 till now, defense lawyer Wang Fei call the Tianjin Procuratorate every day to enquire about the charges of Gao Yue but nobody answers the phone. (9) On 11 December 2015, Tianjin Procuratorate returned the call of defense lawyer Wang Fei and arranged a meeting on next Wednesday or Thursday. (10) On 15 December 2015, defense lawyer Wang Fei went to Tianjin Procuratorate to discuss about the previous complaint, the Procuratorate Complaint Centre Director Mr. Du asked the Hexi Procuratorate Complaint Branch Chief Li to tell defense lawyer: Do not publish about this on Weibo on the internet, wait for our reply. (11) Defense lawyer Wang Fei went to Supreme People’s Procuratorate and Ministry of Public Security on 30 December 2015 to complain throughout the 5 months criminal case of Gao Yue, the unlawful serious deprivation of lawyers’ rights to meet with Gao, to communicate, to know about the case details and the unlawful misconduct of Tianjin Hexi Procuratorate and Tianjin Procuratorate in dealing with the complaints. Because the Supreme Procuratorate and Ministry of Public Security were both in meetings, so the complaint could not be handed in.
  • Lawyers: Wang Fei, Li Guobei

 

2 Law Firm Staff

 

  1. Wang Fang王芳(女)
  • Identity: Beijing Fengrui Law Firm Accountant
  • Work Location/ Residence: Beijing/ Beijing
  • Alleged Offence: unknown
  • Compulsory Criminal Measures: unknown (Disappeared since 10 Juyl 2015 08:30)
  • Handling authorities: unknown
  • Detention Location/Residential Surveillance Location: unknown
  • Did Family Receive Notice? : unknown
  • Allowed to Meet with Lawyer? : unknown
  • Can the lawyers obtained information from the investigation body? : unknown
  • Communicate with outside world? : unknown
  • Allowed to change the compulsory criminal measure? : unknown
  • Incommunicado: 173 days
  • Treatment of Family: unknown
  • Reported by state media?: No
  • Remedies and their Effects:/
  • Lawyers: unknown

 

  1. Wu Gan (Tufu)吴淦(屠夫)
  • Identity: administrative staff of Beijing Fengrui law firm, human rights activist
  • Work Location/ Residence: Beijing/Beijing
  • Alleged Offence: inciting subversion of state power and picking quarrels and provoking troubles
  • Compulsory Criminal Measures: arrest (was put under administrative detention for 10 days by the Donghu Branch of Nanchang Public Security Bureau for his protest in Nanchang against the Jiangxi High Court’s rejection to his request for access to case documents in relation to the “Leping death penalty case”. On 27 May 2015 he was put under criminal detention by the police. Officially arrested on 3 July 2015.)
  • Handling authorities: Fujian Xiamen Public Security Bureau Siming Branch
  • Detention Location/Residential Surveillance Location: unknown(confirmed on 28th September 2015 that he was relocated from Fujian Fuzhou Yongtai Detention Centre to somewhere else; on 9th October 2015, defense lawyer contacted the police of the investigation team again, but the police refused to tell him where Wu Gan is detained; on October 22th, the defense lawyer Yan again visited the Siming Public Security Bureau to ask for the location of detention and the police replied that “we shall follow the law”.)
  • Did Family Receive Notice? : previously yes, but did not receive any notice after the change of detention centre
  • Allowed to Meet with Lawyer? : Currently no. After added the suspected crime of inciting subversion of state power, was not allowed to meet on the grounds of “impeding investigation or may release state secrets”(On 22 October 2015, lawyer went to Xiamen Public Security Bureau Simin Branch to submit “application to meet with client”, requesting to immediately arrange a meeting with Wu and to be informed about the relevant case information.)(On 5 November, lawyer received Simin Branch “decision not to allow meeting” dated 23 October 2015.)
  • Can the lawyers obtained information from the investigation body? : /
  • Communicate with outside world? : /
  • Allowed to change the compulsory criminal measure? : /
  • Period of detention: 224 days
  • Treatment of Family: Tofu’s father was again criminally detained on 25th June 2015 for “Embezzlement”. The case was heard for the second time on 4 December 2015 in Fujian Fuqing Court.
  • Reported by state media?: Yes
  • Remedies and their Effects:/
  • Lawyers: Li Fangping, Yan Wenxin

 

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