Monday, May 12, 2014

Global Times: Lawyers Need to Learn Their Place, China Prohibits Commemorating June 4, 1989

On April 8, 2014, Hu Xijin (胡锡进), editor of the state sponsored Global Times, published an editorial under his pen name “Shan Renping” (单仁平) entitled “‘Die Hard Faction’ Lawyers Should Not Over-Estimate Their Political Clout.” (“死磕派”律师不可政治上自我高估). A partial English translation of the article was also published under the title “Legal Activists Must Also Respect Rule of Law.”

According to Hu:
Pu [Zhiqiang] is one of the activist lawyers who are committed to protecting civil rights. Their actions have contributed to the improvement of China's rule of law and social equity.

But activism has become a double-edged sword for these civil rights lawyers, empowering them to breach their code of practice and even express strong political viewpoints. Judicial means are not the only method they would like to use to protect civil rights, and mobilizing online public opinion and even supporting and joining illegal activities have become their new favorites.
. . . .
It was reported that Pu was detained after he attended an anniversary event to commemorate the June 4th incident. Whether there is a connection has not been officially confirmed, but it is obvious that such an event, which is related to the most sensitive political issue in China, has clearly crossed the red line of law.
. . . .
[T]hese lawyers themselves have lost the ability of self-introspection. They must regain self-awareness and realize that they are not the commandos or authoritative forces to improve China's rule law.

“死磕派”律师大体都是针对“公民维权”开展活动的。整体看,他们对推动社会更加公正、对发展公民维护正当权益的能力做出了一份贡献。
. . . .
与此同时,“死磕派”律师的行为方式不时突破律师行业的规范。他们当中的一些人经常表现出激烈的政治倾向,他们的维权活动并非专注于法律手段,而是倾向于“社会化”,如动员网上舆论,支持甚至参与非法的现场活动等。
. . . .
他在被刑拘前参加了一个上世纪“八九政治风波”的所谓“纪念聚会”,我们不知道那件事的细节和它与浦被刑拘之间的联系,但明眼人一看就清楚,那样的活动在中国是被禁止的,它显然就压在法律的红线上。
. . . .
他们必须承认自己的局限性,他们切不可以为,自己才是中国民主与法治建设的突破和决定性力量,这样的自我政治高估会导致行为的很多错误。
The English version departed from the English version in several respects. First, in the Chinese version almost every reference to “Pu Zhiqiang” is instead a reference to the “Die-Hard Lawyer Faction.” According to one source, the origin of this term is as follows:
During the "Beihai Case" of June, 2011, four criminal defense lawyers gained notoriety when they were arrested for perjury. Indignant lawyers from across the country came to Beihai to defend and demand justice on behalf of the jailed lawyers. From the beginning of the "Beihai Case," the lawyers traveling to Beihai met with significant difficulties and obstacles. Chi Susheng, a National People's Congress representative from Heilongjiang, was unable to restrain herself, and flew from the Northeast to Guangxi. Lawyer Yang Xuelin recalls that when Chi Susheng saw lawyers being surrounded and beaten by unknown assailants, she said "Never Yield." This was the birth of the “Die Hard Faction."

2011年6月发生的“北海案”,四名刑辩律师以刑辩界臭名昭著的伪证罪而被刑拘。激愤的律师从全国各地前往北海为被刑拘的律师辩护和声援。“北海案”发生之初,前往当地声援的律师遭遇了诸多的困难和压制。当时身为全国人大代表的黑龙江律师迟夙生坐不住了,从东北飞往广西。据杨学林律师回忆,迟夙生律师看到有律师受到不明身份的人员围攻和打伤,说了一句“得死磕”。这是死磕派律师的雏形。
Another difference between the Chinese and English versions of Hu’s editorial is that, in his English language version Hu says Pu “crossed the red line of the law” by attending an event commemorating June 4, 1989. But in his Chinese version Hu referred to the incident as the “89 Political Disturbance"  (八九政治风波) and went on to say that participating in a commemoration of the event is “prohibited”: “But it is immediately obvious to discerning people that those kinds of activities are prohibited in China.” (但明眼人一看就清楚,那样的活动在中国是被禁止的)

Hu did not say pursuant to which law commemoration is prohibited.

Translation: Sun Daluo's Court Judgment for Sharing Books and Articles

The PRC government sentenced Sun Zhiming (孙志明, who wrote under the alias Sun Daluo (孙大骆)) to one year imprisonment for the crime of "di...