广泛的讲，还有许多未被公布出来的案例中揭露：中国律师仍遭到不断的人身攻击，律师在不受威胁及公开污辱下为中国人民辩护的律师权利遭到严重侵害。（参见人权观察“律师对于新的限制的反应及政府的回应”Great Danger for Lawyers? New Regulatory Curbs on Lawyers p.12, available at
THE BEIJING SIX:
A LANDMARK CASE ON BEHALF OF FALUN GONG IN CHINA
According to the Congressional-Executive Commission September 2006 Press Release, Chinese authorities continue to increase restrictions on lawyers who work on politically sensitive cases …, law enforcement officials continue to intimidate lawyers defending these cases by charging them, or threatening to charge them, with crimes they did not commit. Several other human rights NGO’s have confirmed this information and added their name to the list of concerned parties.
Human Rights Watch (“China: Government Must End Crackdown on Lawyers,” Hong Kong, August 23, 2006) had this to say about the number of prominent attorneys who have been arbitrarily arrested, detained, subjected to criminal prosecution and, in many cases, imprisoned and tortured, for the simple reason that they have dared to provide legal assistance to those being subjected to persecution by the Chinese authorities.
“Chinese authorities can no longer have it both ways,” said [Sophie] Richardson,
[deputy director of the Asia division of Human Rights Watch]. “Beijing should either
uphold the rule of law and tolerate legal challenges or drop this façade of commitment
to legal reform. The actions against Chen Guangchen, Gao Zhesheng and others make it difficult to believe that everyone in China is equal before the law.”
In spite of the fact that Human Rights Watch, Human Rights Law Foundation and other NGOs around the world have called on the Chinese authorities to release Gao unconditionally, declare a mistrial in Chen’s case and ensure that lawyers are free of intimidation, retaliation and interference as they carry out their professional duties, Gao Zhisheng was subjected to a sham trial for his role in defending the rights of Chinese citizens in politically sensitive cases. Gao, whose lawyer confirmed in an interview that he had not received prior notice of the trial and was not permitted to attend, was sentenced to illegal and unlawful 5 years sentence of government surveillance, intimidation, and an ongoing threat of re-arrest.
More generally the rights of lawyers to represent Chinese citizens without harassment, intimidation and public humiliation has been further curtailed by continued physical attacks on lawyers that as yet remain unpublished (see, for example, Human Rights Watch, “Lawyers Reactions to the New Restrictions and the Government’s Response,” in Great Danger for Lawyers? New Regulatory Curbs on Lawyers p.12, available at http://www.hrw.org/reports/2006/china1206/8.htm). In addition to the obstruction of the work of lawyers through unlawful detentions, disbarment, intimidation and imprisonment, are the number of new restrictions introduced to prevent lawyers in China from the practice of their profession. For instance, the government controlled All China Lawyers Association’s issuance in March of 2006 of its “Guiding Opinions on Lawyers Handling Mass cases,” stands as a major setback to efforts to promote the rule of law.
Against this background, six prominent lawyers in China risked their bar license, their physical safety and personal liberty – not to mention their reputation and financial status – to defend Falun Gong practitioners in a landmark case . In spite of the legal prohibition against representing Falun Gong practitioners in court and while fewer than two percent of criminal cases are accepted for appeal, the Beijing Six managed to have the case accepted for appeal and to attend the court hearing as the lawyers of Falun Gong practitioner Wang Bo and her parents in Shijiazhuang Intermediate Court in Hebei Province on April 27, 2007. See, “Taiwan: Press Conference Supports Six Lawyers Defending Falun Gong Practitioners in China,” in Clearwisdom.net, available at http://www.clearwisdom.net/emh/articles/2007/5/7/85340p.html.
When one of the six, Tong Biao, who was beaten by court police in public view, was asked by a New Tang Dynasty Television reporter why he risked all to defend his Falun Gong client, he replied (in words like these):
Falun Gong has basic rights under several provisions of the Constitution which include freedom of belief. I feel that no matter what happens [to us], Wang Bo
And her parents have a right to legal counsel. The suppression of freedom of
belief and speech in China in conjunction with the use of sham trials and other illegal ploys
to undermine the due process rights of Chinese citizens is a serious matter in China.
As a lawyer, I have the right and responsibility to defend practitioners of Falun Gong.
… While many intellectuals and lawyers in China have kept silent for different reasons, we know this is wrong and our conscience requires us to stand up and defend Wang Bo and her family.
The righteous stance of Tang Biao and his 5 colleagues cannot but merit our attention and respect. As Chu Wan-Chi, Director of Human Rights Law Foundation Asia aptly said at a panel discussion in Tapei on the topic of the Beijing Six, “In the twenty-first century, the CCP has established hell on earth. Lawyers in China try their best to do two things: to protects litigants’ interests and their own lives.” These lawyers however, have put aside protection of self in service of a far greater good – the right of all Chinese people to freely practice their religion without fear of reprisal and unlawful arrest and, no less importantly, each citizen’s right to legal counsel of his or her choice, thereby affirming principles and norms enshrined not only in Chinese law, but also in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the United Nations Basic Principles on the Role of Lawyers and other relevant human rights instruments.
Human Rights Law Foundation commends the Beijing Six and offers to provide whatever legal or other support needed to help lawyers in China continue to stand firm on this issue to ensure that an independent judicial branch and genuine rule of law permit China to become what was once China proper.