Showing posts with label Lawyer. Show all posts
Showing posts with label Lawyer. Show all posts

Thursday, April 03, 2014

An Arrest Affidavit

Jing-Police-AA[2013] No. 306

Suspect: Ding Jiaxi, male, born August 17, 1967, of Yidu City of Hubei Province, ID# 11010819670817XXX, Han, postgraduate study, CEO of Hongde Law Firm in Beijing, permanent residency: xxxx, Building 107, 37 Xuyuan Road, Haidian District, Beijing, current residence: x-x, building 16, Huanshan Village, Wenquan, Haidian District, Beijing, member of China Democratic League (note: aka Minmeng, one of eight officially sponsored democratic political parties in China). Criminally detained on April 18, 2013 on allegations of illegal gathering; jailed at the No. 3 detention center of Beijing.

Defense lawyers: Liu Zhiqiang, Hongrui Law Firm of Shaanxi, License number: 610622197008280913; Wang Xing, Huicheng Law Firm of Beijing, License number: 110108198007113410.

The alleged illegal gathering case was stemed from another case investigated by this bureau (note: Metropolitan Police of Beijing) on March 31, 2013, wherein Hou Xin et al, illegally gathered at the Xidan Plaza advocating for public disclosure of properties owned by officials. Findings in that case revealed Ding Jiaxi was involved in the organizing, planning and displaying banners on the street. Suspect Ding Jiaxi was taken into custody on April 17, 2013.

Lawful investigation found: suspect Ding Jiaxi developed resentment because of his personal experiences, and start pursuing 'democratic citizenship'. He is connected to the Citizenship organization headed by Xu Zhiyong. He followed Xu's illegal political theories, i.e. advocate practicing of personal citizenship, reject dictatorship and corruption, exercising spirit of citizenship, share work under a democratic framework, push for peaceful conversion to a democratic legal system, participate by writing and posting articles, vote in elections, parade and demonstrate, push forward property disclosure, anti-corruption, anti land bound laws, promote citizenship awareness), participated in the New Citizenship Movement', therefore conducted damages.

In September of 2012, Xu Zhiyong led Ding Jiaxi, Li Wei, Sun Hanhui, Zhao Changqing and Wang Yonghong et al core members, started pushing for property disclosure of officials. They laid out a framework plan, in which Xu Zhiyong was charged as contacting valuable persons with levels of social influences, Ding Jiaxi as the chief coordinator, Sun Hanhui as public relation and the contact person, Li Wei gathering and distributing information. Afterwards, in the same month, aforementioned persons utilized a 'local partying' website to introduce the movement to those came to group meals.

On December 9, 2012, Sun Hanhui drafted a proposal to petition the 205 minister level ranking or higher level senior officials to disclose their properties. After Xu Zhiyong and Ding Jiahui edited the petition, Li Wei and Wang Yonghong et al secured sixty-eight democratic and civil rights advocates as co-petitioners. They posted the petition on the Internet and ask for public endorsement. Xu Zhiyong instructed Zhao Changqing, Li Wei and Sun Hanhui et al purchase cell phones and set up mailboxes to accept signatures from the public.

In January 2013, Xu Zhiyong, Ding Jiaxi and Sun Hanhui, et al, donated ¥15,000 ($2,500) to sponsor Ruan Yunhua of Hubei Province and Zhang Kun of Jiangsu Province on their 'North-South Traversal of Property Disclosure Public Officials'. The Ruan and Zhang set out from Zhuhai, via Hubei Province, Changsha, Junyang, Nanchang, Shanghai, Nanjing, Zhengzhou, Kaifeng, Xi'an, Lanzhou and Chongqing, etc. along their way, they displayed banners and passed out flyers. They also collected endorsing signatures and contacts to promote the petition. By February, they had collected thousands of signatures, which were handed to Sun Hanhui, Li Wei and Ding Jiaxi when they returned to Beijing. On March 4, Sun hanhui sorted through 7,033 signatures obtained through varies channels and attached them to the 'petition' that was sent to the government agencies including the National People's Congress, Chief Operation Office CCP, Chief Operation Office of State Council and the Chief Disciplinary Committee of CCP. On March 13, Ma Xinli was captured when he attempted to pass the petition to Members of the National Congress along other petitioners while the National Congress were in session in Beijing.

Between September to December in 2012, Ding Jiaxi, Sun Hanhui, Zhao Changqing, Wang Yonghong, Li Wei, et al, organized and participated multiple group meals through 'local partying'. While they were eating, they discussed ways to push for the 'Disclosure', including displaying banners on the street. Beginning January 27, 2013, suspects including Ding Jiaxi, Sun Hanhui, Wang Yonghong, Zhao Changqing, Hou Xin, Zhang Baocheng, Yuan Dong, Ma Lixin, et al, identified public places and organized, planned and exercised near 30 times street political activities while they displayed banners, gave talks, and fast mobbed. On March 31, 2013, Hou Xin, Zhang Baocheng, Yuan Dong, Ma Xinli, et al. went to Xidan Cultural Plaza, where they illegally gathered. At the scene, Zhao Baocheng and Ma Lixin, et al. displayed banners with words such as "Ask the Top Seven Politburos to Disclose Property", "Only Big Turtles (Turtle is a disparage term in Chinese culture) Would Not Disclose Their Properties". Yuan Dong gave a speech with a handheld speaker. Hong Xin, et al. took pictures and videos. The event attracted about one hundred passersby. They passed flyers of the 'Petition', and would not desist despite instructions from police and security guards. They were taken away by police from the Xidan Avenue Dispatch Station. After four persons including Hou Xin were taken into custody, Li Wei drafted a open letter of support, and posted to overseas websites after edited and signed by Xu Zhiyong, Ding Jiaxi, Sun Hanhui, Zhao Changqing and Wang Yonghong et al. to promote the cause.

In addition, on February 23, 2013, Ding Jiaxi went to Zhong Guancun e-World Plaze, Hailong Plaza, New Zhongguancun Plaza, East Entrance of Beijing University, West Entrance of Qinghua University, etc. to organize and participated activities such as displaying the banner and passing flyers to passersby.

The findings are evident with: depositions of the suspect and conspirators, material evidence, books, A/V materials and arresting procedures. The suspect confessed accordingly.

Herein, suspect Ding Jiaxi, along with Xu Zhiyong, et al, in name of push for property disclosure of officials, organized, planned and performed pressure in public places to government, with intention to create social instabilities criminal activities. His conduct violated articles 79 and 85 of the Chinese Criminal Code, therefore, please approve this arrest.

Regards,

To: The No. One Prosecution Branch of the Beijing Prosecution Bureau

From: Beijing Metropolitan Police

On: May 18, 2013.

Tuesday, March 20, 2012

Justice Department: Lawyer Must Pledge Allegiance to the Party

The Ministry of Justice of the People's Republic of China issued an ordinance that all practicing lawyers must pledge allegiance to the Communist Party before entering the field.

The ordinance specified that new lawyers who passed the qualify examination and those who were readmitted must take the pledge within three months at places arranged by local Justice Bureaus.

The pledge includes, among others, 'I support the Communist Party's ruling'.

Saturday, October 15, 2011

We Took Linyi

Linyi had been conquered, claimed at least by two individuals on the weibo, Chinese knock-off of Twitter. Details not known yet, but the two successfully get into the village of East Shigu, where blind lawyer Chen Guangcheng had been jailed in his own house. They were not able to enter Chen's house, which was guarded by more than 900 police and thugs hired by the government 24 hours. They were the first visitors who were able to sneak in and out without being beaten by police.

At this time of writing, 63 teams of 5 or more are on their way to Linyi to rescue Chen. This is a moment that will go into history books. In previous 2 years, many rounds of rescues had been folded by local police with brutal force. Rescuers had been robbed, beaten and some jailed too.

Chen, a free man, was locked inside his own house unlawfully by the government, because he spoke out for victims of forced abortions (130,000 in Linyi Prefecture alone).

In a recent incident, on 10/12/2011 in the Central Medical Center of Lijin County, Dongying Prefecture, Shandong Province, a six-month pregnant woman was visiting her O.B. when police rush in to performed a forced abortion, with NO MEDICAL PERSONNEL present. The woman was found dead six hours later by her family, lying on a table alone around 10:00 that night.

Tuesday, October 11, 2011

Chen Guancheng

Chen Guangcheng, a self-taught lawyer, is a blind man, born 1971. The Chen family, Chen, his wife Yuan and his daughter kesi, lives in East-Shigu Village, Yinan County, Linyi Prefecture, Shangdong Province, about 300 miles from Beijing.

A person of 'Light' and 'Sincere' (the two Chinese characters of his name Guang-Cheng), Chen was not new in Irking communists leaders in Shandong. 1996, Chen's petition ended the local policy of taxing people with disabilities, as it was ruled out in a national law enacted in 1991. Also, in 1998 Chen's petition stopped local government from double taxing farmers' land. However, the crime he had committed was exposing government brutality in the exercising of the One Child Per Family policy. Chen was jailed four years from 2006 to 2010. Chen was released from the prison in September, 2010. Chen returned to his home in Linyi, Shangdong. After that, nobody has been able to visit him, or speak to him over the phone.

The village Chen lived was remodeled into a jail. The villagers he once helped had been lured into living-in guards. 900 people, including 300 government employees and 600 villagers had been placed on the payroll of a task force to isolate Chen from the outside world. The villagers were paid CNY 160 ($20) a day for monitoring Chen. CNY 500 for each visitor they capture.

The only connection between Chen and the outside world is his mother, who is allowed to bringing in food to his house. His daughter, 7 years old Kesi Chen was not allowed to go to school. No paper or stationary was allowed to pass in the house, so Chen can not even home-school his daughter. Hundreds of surveillance cameras had been installed pointing to Chen's house from every angle possible. Flush lighting converts nights to days. Cell phone signals was jammed, too.

Chen's village, has earned a spacial statues, that you must visit to claim legitimacy in the moral high-land. Waves of activists, reporters, intelligentsia and other groups had attempted to visit Chen, who is legally a free man with no string attached whatsoever. Nobody has been able to accomplish that mission. More recently, a Xinhua News reporter traveled in personal capacity to the village, only to be robbed, beaten, and thrown out like a dog. His taxi was stopped at a check point near the village by traffic police. Then was led by the police to a yard, where local villagers robbed him, and jailed him for days before set him free in another town. The reporter has since been suspended by the Xinhua News.

Chen was not an anti-government, or anti-Communism, or even an activist on all account. He was not against existing law nor government policy, in particular, not against the One Child per Family policy. The only thing he did that was not in alignment with the Party was that he tried to expose those wrongdoings in the enforcing this police by local government officials.

It's not that nobody from upper up hasn't heard of the incident. Chen's situation had not only enraged Chinese, but had drawn attention from almost every corner of the world, and remained the hot topic on every negotiation tables the central government sat by in the world. British Foreign Secretary expressed concern over Chen's trail in 2006. In 2007, 34 US senators wrote to President Hu himself to express their willing to see Chen's release. Earlier this year on the eve of President Hu Jintao's State Visit to the US, Secretary of State Hillary Clinton publicly renewed her commitment to see Chen's free. July, the House Committee on Foreign Affairs approved an amendment to Appropriation Bill of 2012 calling for the release of Chen.

Reflecting on Chen's experiences, it seems the Communists Party showed more toleration on policy issues, than on personal accountability, even when it was about the accountability of the lowest ranking agents. The common traits between the Communists Party and a mafia is that they valued loyalty the most. The difference between the two is that the CCP does not hold any principle. The Seagull is curious on how long can a mafia hang on street smart, without any principle.

20 more people from all over the country who do not know each other just signed up on the sina-weibo, the knocked-off edition of Tweeter that is allowed to operate in China, to visit the village today. They are in the age range from 17 to 69. They knew what would they be facing, but they felt it was nothing in comparison to what Chen has been suffering. They felt if their visit/mistreatment by police can bring one more thread of light on this unbelievable situation, and leads to its final resolution, it would be well worth it.

Saturday, May 28, 2011

Li Tiantian

心酸,想哭
论坛:江湖论剑作者:alemon发表时间:2011-05-28 00:08

刚放出来的李天天律师在推特上的讲述,只有你想不到,没有他们做不到的。释放,也是一种减少恐惧的方式吧……

@litiantian:我与谁开房,估计我男朋友都不想关心的问题,警察先关心了。他们先找到男方做了笔录,录的很细,谁出的钱,谁先提议去开房,做了几次,谁先挑逗的谁,要求我说的越细越好。

@litiantian:我进去以后,他们还搜了我与男朋友住的房子。所有的东西搜了一遍。我出来才知道。还逼我男朋友看我与其他人开过房的录像,还让他哥哥姐姐。

@litiantian:我出来的时候人是飘着的,走路走不稳,身体好象没有重量不是自己的。被回新疆下飞机后给男朋友打电话才知道警察找过他好多次,还找他单位,找他哥哥姐姐,要求他与我分手,写下分手的东西,我男朋友不写,说不行你们可以把我也关进去,就是别逼我,你们有本事把李天天毙了,我也不会写那样的东西的。

@litiantian:新疆家里人通过我男朋友知道我进去了,3个月都没有睡好觉,担心我是不是出不来了,因为抓我的时候家里进去8个左右的人,有抓我的,有抢我手机的,有骂我的,有找电脑搬电脑的,家里的大猫也从此丢了不回家了。

@litiantian:我有过几次一夜性质的那样的事情,基本都是一次性的,完了谁也不认识谁,也没有什么思想交流的那样的事情,说白了就是与没有感情的,简单交流还不坏的男人开过几次钟点房。目前上海开房都有记录很容易查出来。

@litiantian:我男朋友说我在他们嘴里就是垃圾,坏得不能再坏的人,好在他的心里抗压能力还好,并没有怎么受不了,让他受不了的是警察为这些事情去找他的哥哥姐姐,给他们添堵,我男朋友最生气的是这个,他父母去势的早,哥哥姐姐年龄大了身体也不好。

@litiantian:说了起码不会死,否则死了怎么办?

@litiantian:他们说不会给我男朋友看的,可我被回新疆(他们要我回新疆,但我的钱买了飞机票),到妹妹家后给我男朋友打电话,我男朋友首先就说起这个事情----警察把我开房的证据给他看了,他不看,他们还逼着一定要他看。

@litiantian:在那里住了3天,晚上6人的夜宵花了400多,我心痛政府的钱,指责他们浪费,他们说上级接受了我的意见。换地。

@litiantian:我每天锻练运动,但还是经常见他们就心惊肉跳(虽然我都是开着玩笑于他们交流,但这是表面,为了尊严做出来的,心惊肉跳才我我状态的本质)。为少心惊肉跳,我基本白天睡,夜里运动洗看电视。彻底昼夜颠倒。谁要以后进去就学我这样。以减少心惊肉跳的时间。

@litiantian:看守我的人总是把电视摇控让我用,人的味道我还是闻到了,警察看我没有穿袜子还关心的要我穿上,怕我冷,人味我也闻到了。都是有人味的人,但我却感觉面对的是师子老虎,因为他们不给我阳光,窗子。而这个决定是上级的。中国越是上面人越没有人味。越是正式的决定越没有人味。

@litiantian:律师这花必须在民主的土壤上才芳香艳丽,否则律师的成功都象塑料假花,让人闻不出香气,越漂亮的律师花,越是发出恶臭味。

@litiantian:法律,我很有才华,但律师目前是靠关系和权利赚钱,搞关系与权利勾结不是我的长项。所以不干律师,对我的精神,身体都好。越卑鄙越成功,律师界。话有点大和狂,但不一定是错的。

@litiantian:能说出的恐惧还是小恐惧,不敢说的恐惧才是大恐惧,给猫说好话的老鼠一定内心受到了特大恐惧的袭击,我想很可能是这样。就像有的人会爱上让他她怕的人,可能。人性很复杂,好在是人都想摆脱恐惧。这才是我们努力的重点,比较人与人对待恐惧的不同反应没有什么意思,可能。

@litiantian:你是明白人。还知道世界上有无法忍受的事情,很多人认为忍受是必须的。

@litiantian:找个善良的男人女人在一起,遇到难都会多些支持。

@litiantian:真不好意思把这些涉性的 内容写出来,但不写心里更憋屈。 虽然当时甚至是开着玩笑配合警察做那些涉性的调查笔露的,但内心还是有很深的羞辱感。像是被人拳打脚踢,我还必须笑着说打得不痛一样,无奈,无助,恐惧感还是很强。

@litiantian:好在,我没有在警察面前掉过一滴眼泪,也没有让自己的情绪失控过。当我说你们不给我请律师,不在你们笔录上填写询问人记录人的名字,我就再不给你们笔录上签一个名字,警察说你是想挨打吗?站起身走到了我跟前要打我,我说我也许会咬下你的耳朵或脖子,他上来就抓住了我头发,拿起餐巾纸盒要打我。

@litiantian:我的肉体不被打更重要,在打和回答之间我选后者。

@litiantian:真不好意思把这些涉性的 内容写出来,但不写心里更憋屈。
We shall not forget what this generation have suffered under the Communists regime.

Saturday, August 08, 2009

Lawyers Must Follow the Party


Aiying Wu, the Minister of Justice request lawyers to follow the Party. She gave the talk at a provincial head of justice department meeting on August 6, 2009.

Minister Wu stated, lawyers must firmly obey leadership of the Party, and follow the correct political direction. She emphasized the importance of establishing Party organizations in all law firms.

By this time, among 140,000 law firms in mainland China, 3895 has build-in Party organization; 8075 firms share combined 2692 Party organizations. Appointees or liaisons have been appointed to each of the rest 2741 firms. Every law firm in China is under the direct and firm control of the Party.

Lawyer Xiaoyuan Liu questioned the legality of Wu's talk in his blog. Liu argued Liu's talk was contradictive to the Lawyer Code of the PRC.

Wu, born in 1951 and taking office in 2005, is the second women Justice Minister in China.

Friday, July 31, 2009

Civil Rights Lawyer Detained


Lawyer Mr. Zhiyong Xu was detained by police. His name was blacklisted by the CCP's propaganda branch. Searching for his name in Google Chinese returns a message saying the search term contains illegal words.

Mr. Xu represented victims of Sanlu Milk.