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Human Rights Lawyers in China

CHRLCG Condemns Hunan Lawyers Association and Hunan Department of Justice for Suppressing Rights Lawyer Xie Yang through Administrative Inaction

Xie Yang, a lawyer from Hunan, started practising in 2011. He specializes in cases of abuse of public powers. He represented Xue Kaiming, a member of the Chinese Democratic Party and a political dissident; Zhang Baocheng, an activist of the New Citizens Movement; Christians and pastors in Nanle; and Zhang Kaihua, a victim of illegal land expropriation.

Xie Yang also actively participated in the rights defense movement. He visited Chen Guangcheng during his house arrest and supported lawyers in Jiansanjiang incident.

In August 2013, in order to safeguard his client’s interest, Xie Yang requested the court to produce results of deliberation from the Collegial Panel when he was handling a private loan dispute. As a result, he was fined 50,000 Yuan by the Hunan Lawyers Association. Hunan Tian Di Ren Law Firm later asked Xie Yang to leave the firm in September 2013.

On 18 October 2013, Xie Yang filed for an administrative review on the fine, which was later revoked by Hunan Lawyers Association.

Xie Yang was later transferred to Yingke (Changsha) Law Firm. Changsha Ministry of Justice and Hunan Lawyers Association consented the transferal on Hunan Lawyers Management Platform. However, since October 2013, the Lawyers Association has yet to finish the formalities of the transferal.

Xie Yang joined Hunan Wei Gang Law Firm in 2014. The Firm agreed that Lawyer Xie could handle cases on behalf of the firm. He also obtained initial approval of the transferal from Changsha Ministry of Justice and Hunan Lawyers Association on the Hunan Lawyers Management Platform.

However, after Xie Yang supported the detained lawyers in Jiansanjiang in March 2014, Hunan Wei Gang Law Firm issued a statement, declaring that Xie Yang had yet signed a contract with the firm; and all legal documents issued for cases he handled were not legally binding, until the formalities of firm transferal were complete. 

Personnel concerned at Wei Gang Law Firm later confirmed with Xie Yang that the statement was issued as they could not sign a contract with him. It was because the firm received pressure from the Hunan Lawyers Association. Changsha Ministry of Justice and Hunan Lawyers Association later revoked their approval of the transferal on Hunan Lawyers Management Platform. 

Xie Yang filed a litigation, suing Hunan Lawyers Association and Hunan Department of Justice over administrative inaction, as both bodies spent more than 7 months to handle a firm transferal application.  The hearing was held on 16 May. 

 

Citizens supporting Xie Yang outside of the court

After Xie Yang filed the administrative litigation, Hunan Lawyers Association sued Xie Yang on 7th May, accusing him of practising before the transferal formalities were completed, which was against the regulation.

China Human Rights Lawyers Concern Group is concerned that Hunan Lawyers Association and Hunan Department of Justice blatantly suppress lawyers through administrative means. Lawyers management procedures should be carried out in accordance with current regulations. Authorities should not obstruct lawyers who handle rights defense cases from practising via administrative means. Xie Yang cannot practice because his firm transfer procedures are yet to be completed. The political pressure exerted by Hunan Department of Justice and Hunan Lawyers Association and their administrative inaction jeopardize the legal profession and violate citizens’ right of seeking legal services.

Xie Yang's Mobile:  18673190911

Hunan Provincial Department of Justice 
Address: 5 Shaoshan Road, Furong District, Changsha
Postal Code: 410011 
Tel 0731 -84586412 
Fax 0731 -84462394 
 
Hunan Lawyers Association 
Address: 5 Shaoshan Road, Furong District, Changsha (inside Hunan Provincial Department of Justice)
Tel: 0731-84586323
 

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