Leading Chinese Rights Lawyer Detained

Beijing authorities have detained the head a legal research and advocacy group, the latest blow in a continued drive against China’s activist lawyers. Police took Xu Zhiyong, a human right lawyer who runs the recently shuttered Open Constitution Initiative (or Gongmeng in Chinese), from his Beijing apartment early Wednesday morning, according to a posting on the group’s website. Another Gongmeng employee, Zhuang Lu, was also detained.

Earlier this month police closed the Open Constitution Initiative on the grounds that it owed $208,000 in tax penalties. Xu admitted the possibility of flaws in the group’s bookkeeping, but its closure and now his arrest indicate that this is more than just a question of accounting. In recent years OCI has been involved in a variety of sensitive cases including last year’s tainted milk powder scandal, defending a waitress who stabbed to death a Communist Party official, and investigating the causes of last year’s Tibetan unrest. Rather than actively oppose the government, their goal has been to work within the system, fighting for the rights granted citizens under Chinese law.

That sort of loyal opposition would seem to offer OCI a measure of defense. In interviews Xu denied that there was anything controversial about the group’s work, that they were merely helping China develop the rule of law. But for activists pursuing a similar agenda this has been a perilous summer. More than 50 lawyers who handle sensitive rights cases have had their licenses revoked. And this week authorities also raided a Beijing group that works with hepatitis patients, apparently because they were not authorized to print an anti-discrimination newsletter.

Related Topics: China
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  • huaren2000

    I thought lawyers work on one case at a time. When a lawyer tries to take on a case for few million people, that sounds a bit more like politics. Not passing judgement – I am just trying to point out the real situation. :)

    There are tons of lawyers “advocating” for the rights of workers by taking up their cases in China – many featured on CCTV too.

    Hey, what’s the definition of a “rights” lawyer? I am confused.

  • chinabriefing

    Austin,

    Your article has committed a fundamental mistake – Chinese people do not want and do not have rights. Human rights applies to all humans but not animals, ants, dung and the Chinese.

    On the contrary, Chinese people have duties. It is their patriotic imperative to chant “Hu Jintao is always right!” and “China is the best!” and “All problems are Western lies!”.

    Hence, the detained lawyers are likely US spies. In fact, since there is no law in China, how can there be lawyers? They are certainly foreign elements, trying to split the motherland. Their biggest blunder was to try and follow non-existent laws in China. No laws are allowed in China except two: ‘All Chinese must be controlled” and “What Hu Jintao says is the law!”. That is China’s rule of law. Chinese are also unintelligent matter so note there are only 2 rules of law.

  • chinabriefing

    (1) Google “Class action”

    (2) Chinese workers do not have rights. One of two fates await them: (i) Go right, become an anti-revolutionary and earn the right to die (ii) Go left, jump into a coal mine, blow up your body and earn the right to be wronged.

    (3) CCTV is lying. Mao Zedong is always right.

  • idowantyou

    Go China, The future is China.

    Yes, the west is losing the control of the world.
    The west is in desperation – create hate in people to distablize China.
    The west will lose. : )

    Go China, The future is China.
    : )

  • johnsmith9876

    These lawyers should be arrested for stupidity, and not for advocacy. Fighting for human rights for people who don’t want it, don’t need it, won’t have it, and deny anybody should have it is stupid, if not crazy. These are Chinese. They don’t want rights and freedom, and certainly not democracy. They should fight for the Uighurs instead.

  • johnsmith9876

    “Hey, what’s the definition of a “rights” lawyer? I am confused.”

    No, you are not confused, just ignorant. You and 1.3 billion others. But the good news is ignorance has a cure. The bad news is you are also stupid, because you refuse to learn, which is incurable.

  • conscienceinchina

    They are learning hard from CCTV, People’s Daily and the so-called “red-headed documents” with “good good study, day day up”.

  • conscienceinchina

    We found some new code names recently, let’s wait for more wonderful performance!

  • bylooker

    “they were merely helping China develop the rule of law” by “flaws” in the group’s bookkeeping?….
    What a joke…
    To be honest, if they do right things for the people, I am on their side. But if they try to use foreign forces and forein media to gain advantage to avoid punishment from their “flaws”, I am not convienced how these “lawers” are “helping China develop the rule of law”…

  • chinabriefing

    Hu Jintao Bans the Law in China

    Chinese President issued a decree Friday night banning the law in China. All law is prospectively and retrospectively invalid; any one who practices the law – what we call a lawyer in the West – is punishable by death.

    Hu, after recovering from his fall into a hole a few days ago when practising feng shui, decided to outlaw the law after after seeking advice from his cabinet. He believes that the law is not only an unlucky thing in feng shui but also ineffective to control the Chinese people.

    Hu said in a statement, ‘The law is hereby declared illegal. The law is unlucky and useless. From now on, the only law is “Hu Jintao is always right!”. That is the best way to control barbarous Chinese people. There is no way for Chinese to understand the law – they are too stupid.’

    It is believed that Hu was deeply disappointed that the law did not allow him to execute the bodyguards who leaked the story of his falling into a hole earlier this week.

    A source close to Hu, speaking on condition of anoymity for fear of retribution, said: ‘Hu was so angry he executed them anyway but that did not lessen his anger of the law’s impotence to do as he says.”

    The international community’s response has yet been muted.

    The U.S. is allegedly complicit with the Communist leadership in suppressing dissent in China, as the Chinese government is donating at least half of its reserves to the U.S. government. European governments were not aware that the law ever existed in China; third world developing countries are not aware that China exists.

    It is unlikely that there will be a major fallout internally or externally. The rule of law has persistently and conspicuously been absent throughout China’s history. Never before had a Chinese citizen enjoyed rights. As such, it is now simpler that they do not need to read complex legalese to realize they have no rights.

    Exhibit A:

    Chinese Constitution
    Article 1: Hu Jintao is always right!

  • sinibaldi1

    Some steps in the wind…

    I hear, in
    the strength
    that always
    remains, the
    delicate rhymes
    of a deep
    sensibility, and
    even a pleasure
    where the
    sun-rise appears…

    Francesco Sinibaldi

  • http://sun-zoo.com/chinageeks/2009/08/02/xu-zhiyong-has-disappeared/ Xu Zhiyong Has Disappeared | ChinaGeeks

    [...] may already be aware of this. If you aren’t, we’d like to direct you to Evan Osnos’s blog, [...]

  • johnsmith9876

    Chinese culture at it’s best:

    “中国人的不敢正视各方面,用瞒和骗,造出奇妙的逃路来,而自以为正路。在这路上,就证明著国民性的怯弱,懒惰,而又巧滑。一天一天的满足着,即一天一天的堕落着,但却又觉得日见其光荣。”

    http://tinyurl.com/m6rh49

  • johnsmith9876

    Another leak of state secret:

    http://tinyurl.com/lu9gy8

  • johnsmith9876

    Another leak of state secret:
    “一些地方的壟斷企業、銀行甚至政府部門趁便掀起團購風,以大大低于市場的價格將一些熱點樓盤搶購一空。”

    http://tinyurl.com/mv65mv

  • chinatsunami

    Never know China has “human rights” issues, nor the need for western style legal profession, such as a “judge” or a “lawyer”.

  • http://china.blogs.time.com/2009/08/05/arrested-lawyers-chinese-dream/ Arrested Lawyer’s “Chinese Dream” – The China Blog – TIME.com

    [...] disappeared in Beijing one week ago, but now his image is popping up all over town. Xu, who was taken from his house by police, is featured in the latest edition of Shishang Xiansheng, the Chinese version of Esquire. He is one [...]

  • chinatsunami

    He should be executed with a bullet at back of the head, and his next-to-kin should reimburse the government with RMB0.70 for the cost of the bullet fired, just like in old times.

    His counter revolutionary act of peeping into “state secret” cannot be tolerated by the Chinese people.

    What “rights”? What “lawyer”? There are no such things in China.

  • jordancfan

    I Do Not Like What Xu Zhiyong Stands For.

    By: Jordan C. Fan, Prophet of Environment.

    I Do Not Like What Xu Zhiyong Stands For. He is basically a trouble maker and opportunist who thinks that he is against all government policy will give he a chance for success.

    I especially object to his lobbying on behalf of dog owners. Dogs are useful as guide dogs for the blinds, police detective work and military scouting, herding live stocks, hunting and guarding houses and belongs. Other than that, having dogs as pets are against Environmental principles. Dogs are consuming our natural resources which human beings should take the highest priority of its consumptions. Dogs also generate a lot of waste including droppings which are very difficult to get rid of. Dogs could spread diseases similar to swine flu or parasites such as flea and ticks. Dog barking are very disturbing for hard working people who need some sleep to regain energy. In a crowded cities dogs not only generate solid and liquid waste pollution but also gases such as ammonium and nitrogen related waste gases, sulfur and related gases and carbon dioxide which could increase Green House effects and Global Warming. Stray dogs could ruin cities making it unsightly. Most important dogs on the street threaten pedestrians and discourage people from walking in favor of driving which will generate more waste of fuels and air pollution.

    As far as Myself as Prophet of Environment is concern Xu Zhiyong has very little understanding of any truth but using new and radical ideas to attract supports to gain fame and fortune. He must be gotten rid of immediately.

  • http://china.blogs.time.com/2009/08/24/beijing-police-release-crusading-lawyer/ Beijing Police Release Crusading Lawyer – The China Blog – TIME.com

    [...] a Comment • Trackback (0) This weekend authorities released Xu Zhiyong, the lawyer who was arrested last month in an investigation into the taxes of the legal research group he heads. Zhuang Lu, an [...]

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