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【“709 Crackdown”】Latest Statistics and Cases Update as of 18:00 27 November 2015

 

As of 18:00 27 November 2015, at least 307 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 of the 307 people affected (lawyers, lawyer assistants/ others)*: (Download PDF of the 307 names)

  • Residential surveillance at designated location (implemented in the form of secret detention in the following cases): 28 persons (15 / 13)
  • Residential surveillance: 1 person (1 / 0)
  • Criminal detention/ arrest: 4 persons (0 / 5)
  • 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: 27 persons (18 / 9)
  • Temporarily detained, forcibly questioned/ summoned (released/ safe now): 255 persons (124 / 131)

 


41 lawyers or activists detained or under incommunicado situation*:

 

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

 

  • In suspicion of endangering national security crime: 28 persons
  • Able to know the location of detention: 3 persons
  • Notification received by family: 22 persons
  • Allowed to meet with lawyers: 2 persons
  • Allowed to communicate with outside: 2 person
  • Defense lawyers able to obtain information from the investigation body: 0
  • Days of incommunicado52-191 days

* 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 and Zhang Wanhe who were arrested before 9th July 2015.


Weekly Update 2015.11.21-2015.11.27

 

Wang Quanzhang王全璋律师:

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. On 26 November 2015, Wang’s wife asked Zhao Xu to help deliver clothes to Wang, but was rejected.

 

Li Heping李和平律师

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  1. 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.
  1. On 26 November 2015, Li’s wife asked Zhao Xu to help deliver clothes to Li, but was rejected.

 

Li Chunfu李春富律师:On 20 November 2015, Li Chunfu’s family submitted “government information disclosure application” to Ministry of Public Security to ask for the disclosure of the “designated jurisdiction written decision” by the Ministry of Public Security to Beijing and Tianjin Public Security Organs.

 

Zhao Wei (Kaola, lawyer Li Heping’s assistant) 赵威(考拉、李和平律师助理):On 26 November 2015, defense lawyer Yan Huafeng received “decision to refuse the meeting of lawyer” again.

 

Gao Yue (lawyer Li Heping’s assistant) 高月(李和平律师助理)

  1. 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.
  2. 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.
  3. 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 has submitted a letter to be delivered to Gao Yue.
  4. 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.

 

Zhang Kai张凯律师

  1. 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.
  2. 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.
  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.
  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. 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.

 

Liu Peng (lawyer Zhang Kai’s assistant) 刘鹏(张凯律师助理)

  1. On 23 November 2015, defense lawyer Li Baiguang received lawyer Liu Peng’s letter to his mother and law firm, the content of the letter is, “to mother and Beijing Gong Xin Law Firm, I am Liu Peng, I am currently fine in Wenzhou, according to my judgment, it is too early to hire a lawyer now, because the case is still in investigation stage, because of the nature of the case, even if a lawyer is hire, he would not be allowed to meet me, so let’s wait till the investigation stage to be over, thus I do not agree with the hiring of Beijing Gong Xin Law Firm’s Li Baiguang and Liu Peifu as my defense lawyers.” It was signed off by Liu Peng dated 9 November 2015.
  2. On 23 November 2015, defense lawyer Li Baiguang submitted “lawyers letter requesting to arrange meeting with Zhang Kai” to Wenzhou Public Security Bureau, he asked to meet with Liu Peng 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 Liu Peng in person, whether it was really Liu Peng’s own intention to dismiss Li Baiguang and Liu Peifu and whether Liu Peng was induced to do such counterintuitive act because of torture, fraud or other illegal treatments.
  3. 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.
  4. 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.
  5. 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.

 

Gou Hongguo (Ge ping) 勾洪国(戈平)

  1. On 26 November 2015, defense lawyer Ji Zhongjiu applied again to Tianjin Public Security Bureau Hexi Branch to arrange meeting with Guo.
  2. On 26 November 2015, defense lawyer Ji Zhongjiu went to Tianjin Heping Court and Hexi Court to enquire about the case situation. Tianjin Hexi Court replied, “We will check, the reason is that Hexi Court has two offices.” Tianjin Hexi Court accepted the complaint materials submitted by defense lawyer Ji Zhongjiu personally and issued a receipt.

 

Tang Zishun唐志顺

  1. On 23 November 2015, defense lawyer Feng Yanqiang received the “reply letter of government information disclosure” from Tianjin Public Security Bureau, “The information you applied to disclose are information created by public security organ when fulfilling their duties in criminal justice. It does not belong to “government information” as prescribed in article 2 of the “Regulations of the Disclosure of Government Information”.
  2. On 23 November 2015, defense lawyer Feng Yanqiang submitted “Application for administrative review” to Tianjin People’s Government to revoke the “Reply of Government Information Disclosure” by the Tianjin Public Security Bureau and to order the disclosure of the requested information within a time limit.

 

Zhai Yanmi翟岩民:On 26 November 2015, Weifang Intermediate Court started the hearing of administrative review case of lawyer Ge Wenxiu’s complaint to Weifang People’s Government.

 

 

 


 

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
  • Allowed to Meet with Lawyer? : No (Defense lawyer requested to meet with Wang on 21 September 2015, but denied again by Tianjin Public Security Bureau Hexi Branch. On 28th September 2015, Wen Donghai received the call from the Procuratorate that they have accepted the complaint.)
  • 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 (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 it has been over 1 month now, they did not receive any reply.)
  • Allowed to change the compulsory criminal measure? No. (On 12 August, 2015, lawyers submitted legal opinion to change the complulosry 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: 141 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.
  • 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 Brueau 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.
  • Lawyers: Wen Donghai, Li Yuhan

 

2.Bao Longjun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: 141 days
  • Treatment of Family: same as Wang Yu
  • 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.
  • Lawyers: Huang Hanzhong, Lu Zhoubin, 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
  • Detention Location/Residential Surveillance Location: unknown (police refused to disclose)
  • Did Family Receive Notice? : No
  1. 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.)
  • Can the lawyers obtained information from the investigation body? : / (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)
  • Communicate with outside world? : (Letter already given to Zhao Xu to give to Wang twice)
  • Allowed to change the compulsory criminal measure? No
  • Incommunicado: 140 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.
  • Reported by state media?: Yes
  1. 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 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. (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.
  • 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)

 

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, picking quarrels and provoking troubles
  • Compulsory Criminal Measures: residential surveillance at designated residence (Incommunicado since 10 July 2015 08:45, was later known to be criminally detained in Tianjin Hexi Detention Centre. 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 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 15 September 2015, his lawyers went to Tianjin Hexi Detention Centre to meet with him, but was refused)
  • 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: 140 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 10th 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: 140 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.
  • Lawyers: Cai Ying, Ma Lianshun

 

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: 138 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:140 days
  • Treatment of Family/law firm: 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.
  • 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: 140 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: 140 days
  • 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:/
  • Lawyers: Ran Ton, 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, that 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, but Hunan police replied verbally that it cannot be changed)
  • Incommunicado: 139 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.
  • Lawyers: Zhang Zhongshi, Liu Jinbin

 

11.Chen Taihe陈泰和

  • Identity: professor, part time lawyer
  • Work Location/ Residence: Guangxi/ Guangxi
  • Alleged Offence: picking quarrels and provoking troubles, inciting subversion of state power, official embezzlement (he was forced to tape a video admitting he is guilty)
  • Compulsory Criminal Measures: Residential Surveillance (On 13 July 2015, he was criminally detained at Guilin No.3 Detention Centre, on 22 August 2015, it was changed to residential surveillance at home. Police said that he cannot communicate with the outside world for a month) (On 1 November 2015, Guangxi Guilin Public Security Bureau summoned Chen and interviewed him on 3 November 2015). (On 6 November 2015, Guilin Public Security interviewed Chen. Chen asked them to de-froze his bank accounts and allow him to go to USA to take care of his pregnant wife, and asked the police to clear up doubts of the school he worked in, so that they would give him full amount of his salary. The police replied that “the Ministry of Public Security has the power to make such decisions”)
  • Handling authorities: Guangxi Guilin Public Security Bureau
  • Detention Location/Residential Surveillance Location: At Chen’s home (previously at Guilin No.3 Detention Centre in the same cell with death penalty inmates)
  • Did Family Receive Notice? : No (Yes for previous criminal detention)
  • Allowed to Meet with Lawyer? : Currently yes (not allowed after lawyer Tan Yongpei’s visit on 16 July)
  • Can the lawyers obtained information from the investigation body? : No
  • Communicate with outside world? : Currently yes (He can after 13 September 2015)
  • Allowed to change the compulsory criminal measure? :/
  • Period of detention / residential surveillance: 137 days
  • Treatment of Family: (1) Che and his wife’s bank accounts and stock accounts were frozen; (2) his home was raided twice; (3) Chen’s wife was summoned by police who threatened to detain her
  • Reported by state media?: No
  • Remedies and their Effects:(1)2015年11月6日,桂林公安约谈约谈陈泰和。陈泰和要求他们把账户解冻,让他去美国照顾快生育的太太,并要求公安到其工作的学校澄清,给他发放全部工资。公安回复称“决定权在公安部”。(2)Chen Taihe’s work unit Guangxi Guilin University of Electronic Technology paid only 70% of his salary to him and refused to allow Chen to lecture his students. (3) Chen Taihe asked the Public Security organ to issue the legal documents about the residential surveillance but was rejected.
  • Lawyers: Ge Yongxi, Chen Yixuan

 

12.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
  • 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.”)
  • 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: 128 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 submitted “government information disclosure application” to Ministry of Public Security to ask for the disclosure of the “designated jurisdiction written decision” by the Ministry of Public Security to Beijing and Tianjin Public Security Organs.
  • Lawyers: Gao Chengcai, Xiong Dongmei

 

13.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)
  • Can the lawyers obtained information from the investigation body? : /
  • Communicate with outside world? :/
  • Allowed to change the compulsory criminal measure? :/
  • Incommunicado: 140 days
  • Treatment of Family: On 11 September his family delivered clothes to him but was refused by the police.
  • Reported by state media?: Yes
  • Remedies and their Effects:On 9 November 2015, lawyer Li Yongheng filled out the "Visitors' registration form" at Tianjin Public Security Bureau Petition Department
  • Lawyers: Du Qingbo, Li Yongheng, Zhang Ren

 

14.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: 140 days
  • Treatment of Family: /
  • Reported by state media?: No
  • Remedies and their Effects:/
  • Lawyers: unknown

 

  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 17 September 2015 was informed to have changed to residential surveillance at designated location )
  • Handling authorities: Tianjin Public Security Bureau Hexi Branch (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 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 a pplication 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
  • Incommunicado: 140 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(女)
  • 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 14 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
  1. 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.)
  • 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: 130 days
  • Treatment of Family: /
  • Reported by state media?: No
  1. 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.
  • Lawyers: Wang Fei, Li Guobei

 

  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: 140 days
  • Treatment of Family: unknown
  • Reported by state media?: No
  • Remedies and their Effects:/
  • Lawyers: unknown
  •  

 

18.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:94 days
  • Treatment of Family:(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)家属被警方威胁不准在网上发布案件消息。(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)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.
  • 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.

 

  1. Liu Peng刘鹏
  • Identity: assistant of lawyer Zhang Kai
  • 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 (Taken away on 25 August 2015 midnight along with lawyer Zhang Kai)
  • 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 22 October, lawyers received “decision to not allow attorney to meet criminal suspect” from Wenzhou Public Security Bureau) (On 28 October 2015, lawyer Li Baiguang applied to Wenzhou Public Security Bureau again. No reply has been received so far.)
  • Can the lawyers obtained information from the investigation body? : /
  • Communicate with outside world? : /
  • Allowed to change the compulsory criminal measure? : /
  • Incommunicado: 94 days
  • Treatment of Family: /
  • Reported by state media?: No
  • Remedies and their Effects: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. (2)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.
  • Lawyers: Li Boguang, Liu Peifu, Li Baiguang (On 13 November 2015, Wenzhou Public Security Bureau police officer Mr. Pan called Li Boguang and Liu Peifu by the number 0577-89980392, “Liu Peng has dismissed the employment of Li Boguang and Liu Peifu as his defense lawyer and that Liu Peng has written a written document to dismiss them, they will send the letter to the 2 lawyers and Liu’s mother.)(2)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”.(3)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.(4)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.

 

  1. Fang Xiangui方县桂
  • Identity: assistant of lawyer Zhang Kai
  • 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 (Taken away with lawyer Zhang Kai on 25 August 2015 midnight) (change should have been made in between 22 September-1 October 2015. Previously he was criminally detained)
  • Handling authorities: Zhejiang Wenzhou Public Security Bureau
  • Detention Location/Residential Surveillance Location: Currently unknown, previously at Zhejiang Wenzhou Detention Center
  • Did Family Receive Notice? : /
  • Allowed to Meet with Lawyer? : no (received “decision to not allow attorney to meet criminal suspect” on 3rd September 2015, was refused again at the end of September) (On 27 October 2015, lawyer applied for the third time, but still no reply) Can the lawyers obtained information from the investigation body? : no
  • Communicate with outside world? : /
  • Allowed to change the compulsory criminal measure? : /
  • Incommunicado: 94 days
  • Treatment of Family: unknown
  • Reported by state media?: No
  • Remedies and their Effects:/
  • Lawyers: Wang Liao, Xiang Li

 

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