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Lawyers Protest Unlawful Security Check by Local Courts

In a public statement, 132 lawyers, including many of the most active in rights defense in China, protest what they called the “barbaric manhandling” of lawyer Zhang Jun (张军) on November 27 by personnel at a local court in Wuhan, Hubei Province. Zhang went to the court to file a case and refused to submit to a security check. He was detained after the incident.

The lawyers cite provincial court opinions and rules issued by the Supreme People’s Court exempting lawyers from security inspection when they enter or leave the court.

The lawyers say that despite these rules, unlawful security checks of lawyers at local-level courts are common, and demand the Supreme People’s Court stop the practice.

Below is an English translation by Human Rights in China of the lawyers’ statement, followed by the Chinese original.

 

On the Illegal Detention of Lawyer Zhang Jun Following His Refusal
to Submit to Unlawful Security Inspection

A Statement by Chinese Lawyers for the Protection of Human Rights

November 29, 2013

[Translation by Human Rights in China]

In the evening of November 27, information from various sources indicated that “shortly after 11:00 a.m. this morning, when lawyer Zhang Jun was at the Hongshan District Court, in Wuhan, Hubei Province, to file a case, he refused to submit to unlawful security inspection. Arguments between him and court security personnel ensued and triggered physical altercation. Zhang was then detained as a punishment.”

Information indicates that lawyer Zhang Jun is a licensed lawyer working for the Dianheng Law Firm in Hubei. The relevant court and other departments have so far not given any responses regarding the detention of Zhang due to the security inspection incident.

As licensed lawyers, we have discovered that, at present, unlawful security inspection of lawyers upon entering courthouses has become a common phenomenon in many local-level courts. In our opinion, this practice not only contravenes existing relevant regulations currently in force, but also seriously violates the personal rights of licensed lawyers.

We take note of the fact that it is not the first time that lawyers have been manhandled by court authorities because of security inspection reasons. The detention of lawyer Zhang Jun is not an isolated case. On October 18, 2013, Zheng Jianwei and five other lawyers were barred by the Jianyang Municipal Court from defending their clients in court when they refused to submit to security inspection before the trial; on November 26, before the first trial opened in the case of Ye Haiyan against the Bobai County Public Security Bureau for subjecting her to administrative detention, lawyers Mei Chunlai and Wang Yu were also barred from entering the court because they refused to submit to security inspection.

Article 6 of the Rules on Security Inspections by Judicial Police of the People’s Courts, issued by the Supreme People’s Court in 2004, stipulates that: “When implementing security inspections, judicial police shall: 1) check the valid identifications and registration of public prosecutors, lawyers, and other personnel who perform their duties in court in accordance with the law.” Physical security inspection is not required. Subsequently, many provinces and cities have also issued detailed regulations that clearly prohibit security inspection of lawyers. For example, in August 2013, the Hainan High Court announced that, in accordance with provisions of the Implementing Procedures of Security Inspection by Judicial Police, “lawyers shall be exempt from security inspection and shall be permitted to enter upon presentation of their identification documents and registration;” on October 24, the Henan Provincial High Court and department of justice issued their “Certain Opinions Concerning Establishing Positive Interaction and Relations between Judges and Lawyers to Collectively Advance Judicial Fairness,” which stipulate that “security inspection of lawyers is not necessary when they enter or leave the court.” However, many local level courts continue to ignore regulations exempting lawyers from security inspection and frequently conduct humiliating security inspection in an attempt to confront, isolate, and treat as enemies lawyers who are fellow members of the same collective legal community. These courts are knowingly violating the law. After lawyer Zhang Jun refused to submit himself to security inspection, the Hongshan District Court not only failed to rectify its own unlawful actions, but also used its numerical strength to publicly and physically manhandle lawyer Zhang. By abusing its government power, unlawfully depriving and restricting Zhang’s right to personal liberty, and willfully detaining him as punishment, the court may be guilty of illegal detention. In light of this, we strongly demand the following:

  1. Immediately make public the video recording of the entire security inspection incident, so as to identify the wrongful party and ensure a correct understanding of the facts;
  2. Immediately annul the decision to detain lawyer Zhang Jun as a punishment, and apologize to him;
  3. Ensure legal accountability for the unlawful security inspection and hold accountable, in accordance with the law, the relevant judicial police and other security inspection personnel who barbarically manhandled lawyer Zhang Jun;
  4. Hold legally accountable, in accordance with the law, personnel who are directly responsible for the unlawful decision to detain lawyer Zhang Jun;
  5. Order the Hongshan District Court in Wuhan city to immediately rectify the practice of subjecting lawyers to unlawful security inspection;
  6. The Supreme People’s Court should order local courts at all levels to assess and rectify the problem of unlawful security inspection of lawyers, and conduct spot inspection and monitoring thereof.

List of rights defense lawyers signatories:
Li Fang (李方平), Beijing lawyer
Jiang Tianyong (江天勇), a Beijing lawyer
Tang Jitian (唐吉田), Beijing lawyer
Liu Weiguo (刘卫国), Shandong lawyer
Zhang Lei (张磊), a Beijing lawyer
Chen Jiangang (陈建刚), Beijing lawyer
Geyong Xi (葛永喜), Guangdong lawyer
Wukui Ming (吴魁明), Guangdong lawyer
Sui Mu Qing (隋牧青), Guangdong lawyer
Chenke Yun (陈科云), Guangdong lawyer
Liuzheng Qing (刘正清), Guangdong lawyer
Liu Shihui (刘士辉), Guangdong lawyer
Wuzhen Qi (吴镇琦), Guangdong lawyer
Zhang Keke (张科科), Hubei lawyer
Lan Zhixue, Beijing lawyer
Xie Yang (谢阳), Hunan lawyer
Chang Boyang (常伯阳), Henan lawyer
Fu Yonggang (付永刚), Shandong lawyer
Xu Can (徐灿), Beijing lawyer
Xu Zhong (徐忠), Shandong lawyer
Ge Wenxiu (葛文秀), Guangdong lawyer
Chen Wuquan (陈武权), Beijing lawyer
Teng Biao (滕彪), Beijing scholar
Hu Guiyun (胡贵云), Beijing lawyer
Zhao Yonglin (赵永林), Shandong lawyer
Zhang Chuanli (张传利), Beijing lawyer
Liu Wei (刘巍), a Beijing lawyer
Tang Jingling (唐荆陵), Guangdong lawyer
Liu Jinbin (刘金滨), Shandong lawyer
Zhou Lixin (周立新), Beijing lawyer
Chen Jinxue (陈进学), Guangdong lawyer
Fan Biaowen (范标文), Guangdong lawyer
Long Yuanfu (龙元富), Guangdong lawyer
Liang Xiubo (梁秀波), Henan lawyer
Li Weida (李威达), Hebei lawyer
Yu Quan (于全), Sichuan lawyer
Liu Wei (刘伟), Henan lawyer
Wang Zongyue (王宗跃), Guizhou lawyer
Li Xiongbing (黎雄兵), Beijing lawyer
Xiao Fanghua (肖芳华), Guangdong lawyer
Wu Lei (伍雷), Shandong lawyer
Shi Yongsheng (石永胜), Hebei lawyer
Li Guobei (李国蓓), Beijing lawyer
Zhang Guo (张国), Hunan lawyer
Wang Liao (汪廖), Zhejiang lawyer
Jiang Yuanmin (蒋援民), Guangdong lawyer
Guo Lianhui (郭莲辉), Jiangxi lawyer
Guoxin Rong (郭新嵘), Beijing lawyer
Li Changming (李长明), Beijing lawyer
Wei Youyuan (魏友援), Jiangxi lawyer
Pingyan Jiang (冯延强), Shandong lawyer
Liu Sixin (刘四新), Beijing JD
Li Ruyu (李如玉), Jiangsu, JD
Liu Ming (刘明), Hunan lawyer
Chen Yixuan (陈以轩), Hunan lawyer
Tan Yongpei (覃永沛), Guangxi lawyer
Xu Xianghui (徐向辉), Guangdong lawyer
Han Qingfang (韩庆芳), Hebei lawyer
Wang Yu (王宇), a Beijing lawyer
Lin Qilei (蔺其磊), Beijing lawyer
Wang Yajun (王雅军), a Beijing lawyer
Zhang Zanning (张赞宁), Jiangxi lawyer
Feng Yun (冯云), Yunnan lawyer
Yang Xuan (杨璇), Hunan lawyer
Zhang Zhongshi (张重实), Hunan lawyer
Li Zhengjun (李正君), Hebei lawyer
Li Chunfu (李春富), Beijing lawyer
Lu Siwei(卢思位), Chengdu lawyer
Li Guisheng (李贵生), Guizhou lawyer
Li Changqing (李长青), Beijing lawyer
Li Zhiyong (李志勇), Guangdong lawyer
Chu Yukun (储玉昆), Beijing lawyer
Wang Quanping (王全平), Guangdong lawyer
Tong Zhaoping (童朝平), Beijing lawyer
Wang Bijun (王必君), Guangdong lawyer
Liu Zhiqiang (刘志强), Shaanxi lawyer
Luo Qian (罗茜), Hunan legal person
Chen Guoqing (陈国庆), Guangdong lawyer
Li Qianjun (李前军), Shanghai lawyer
Xin Benhua (辛本华), Shandong lawyer
Li Guangyao (李光耀), Xinjiang lawyer
Zhang Lirong (张丽蓉), Zhejiang lawyer
Chen Ning (陈宁), Guangdong lawyer
Yao Zhigang (姚志刚), Chengdu lawyer
Zhang Zhiyong (张志勇), Hebei lawyer
Qu Tiejun (曲铁军), Heilongjiang lawyer
Xu Hongwei (徐红卫), Shandong lawyer
Shi Zhenggang (施正刚), Jiangsu lawyer
Zhang Weiyu (张维玉), Shandong lawyer
Qin Lei (秦雷), Shanghai lawyer
Zhu Yingming (朱应明), Jiangsu lawyer
Wen Yu (闻宇), Guangdong lawyer
Mao Hongwei (毛宏伟), Guangdong lawyer
Mei Chunlai (梅春来), Guangdong lawyer
Wei Liangyue (韦良月), Heilongjiang lawyer
Huang Jian (黄建), Sichuan lawyer
Wang Pengyu (王鹏宇), Guangdong lawyer
Shao Zhenzhong (邵振中), Shandong lawyer
Mo Hongluo (莫宏洛), Henan lawyer
Li Subin (李苏滨), Beijing lawyer
Liang Xiubo (梁秀波), Beijing lawyer
Wang Xueming (王学明), Shandong lawyer
Zheng Xiang (郑湘), Shandong lawyer
Chang Boyang (常伯阳), Henan lawyer
Tian Yuan (田园), Hunan lawyer
Zhangcheng Mao (张成茂), Beijing lawyer
Ran Tong (冉彤), Sichuan lawyer
Wang Xianping (王先平), Xinjiang lawyer
Wang Cheng (王成), Zhejiang lawyer
Chen Nanshi (陈南石), Hunan lawyer
Li Heping (李和平), a Beijing lawyer
Tang Tianhao (唐天昊), Chongqing lawyer
Liang Xiaojun (梁小军), a Beijing lawyer
Pang Kun (庞琨), Guangdong lawyer
Wang Fu (王甫), Beijing lawyer
Zhang Ying (张颖), Sichuan lawyer
Chang Weiping (常玮平), Shaanxi lawyer
Huang Simin (黄思敏), Hubei lawyer
Li Dawei (李大伟), Gansu legal person
Wang Lei (王磊), Henan lawyer
Zhang Junjie (张俊杰), Henan lawyer
Zhu Panfeng (朱攀峰), Henan lawyer
Ji Laisong (姬来松), Henan lawyer
Tie Haijun (铁海军), Henan lawyer
Xue Rongmin (薛荣民), Shanghai lawyer
Liu Jinxiang (刘金湘), Shandong lawyer
Liu Lianhe (刘连贺), Tianjin lawyer
Wang Quanzhang (王全章), Beijing lawyer
Zheng Enchong (郑恩宠), Shanghai lawyer
Shu Xiangxin (舒向新), Shandong lawyer
Wang Yuqin (王玉琴) Shandong lawyer
Wangmei Xia (王梅霞), Hebei lawyer.

Human rights lawyers’ contact: Lawyer Wang Cheng Phone: 13616501896;
Lawyer Tang Jitian, phone: 13161302848;
Lawyer Jiang Tianyong, phone: 13001010856 email: [email protected]

 

中国保障人权律师团"关于张军律师拒绝违法安检竟被非法拘留"的声明

11月27日晚,各方面陆续传来信息:“今天上午11时许,张军律师在武汉市洪山区法院立案时,因拒绝违法安检,与法院安检人员发生争执,并引发肢体冲突,旋即遭到拘留处罚"。

据了解,张军律师为湖北典恒律师事务所执业律师,对于张律师因安检原因被拘留一事,武汉相关法院及其它部门,目前尚未对此事作出任何回应。作为执业律师,我们发现:现时,国内大多基层法院对律师进入法院时进行的违法安检已呈常态。对此,我们认为,这不仅违反了现行有效的相关规定,而且严重侵害了执业律师的人身权利。

我们注意到,因安检原因,法院方面对律师动粗,已不是首次:而此次拘留张军律师事件,也并非个案。2013年10月18日,郑建伟等6位律师,在四川简阳市法院开庭时,因拒绝庭前安检,被法院禁止出庭辩护;本月26日,叶海燕诉博白县公安局行政处罚案开庭时,梅春来和王宇律师也因拒绝安检,被法院拒之庭外。最高人民法院早在2004年制定的《人民法院司法警察安全检查规则》第六条规定:“司法警察执行安全检查时:(一)对公诉人、律师等依法出庭履行职务的人员,应进行有效证件查验和登记”,无需进行人身安全检查。此后,许多省市也已经制定细则,明令禁止对律师进行安检。如2013年8月,海南高院通知,应按照《司法警察安全检查实施细则》规定,“对律师将免予安全检查,查验证件登记后即可放行”;10月24日,河南省高院、司法厅发布了《关于建立法官与律师良性互动关系共同促进司法公正的若干意见》也规定:“律师出入法院,不需安全检查”。但大多数基层法院却仍然无视律师免于人身安检的规定,动辄以侮辱性安检来对立、割裂和敌视同为法律人共同体的律师,知法犯法。此次洪山区法院在张军律师拒绝安检后,不但没有纠正自身违法行为,反而仰仗人多势众,公然对张律师动粗,并滥用公权力,违法剥夺和限制张律师的人身自由,肆意进行拘留处罚,已经涉嫌非法拘禁。为此,我们强烈要求:

  1. 立即公开安检争执全程录像,辩明是非,以正视听;
  2. 立即撤销对张军律师作出的拘留处罚决定,并向张军律师赔礼道歉;
  3. 依法追究违法安检和对张军律师野蛮动粗的相关司法警察等安检人员的法律责任;
  4. 依法追究对张军律师作出非法拘留决定的直接责任人员的法律责任;
  5. 责令武汉市洪山区法院立即纠正对律师违法安检的做法;
  6. 最高法院应就地方各级法院对律师进行的违法安检问题,责令地

方各级法院自查自纠,并进行不定期的检查和督察。

 

联名维权律师名单:
李方平,北京律师;
江天勇,北京律师;
唐吉田,北京律师;
刘卫国,山东律师;
张磊,北京律师;
陈建刚,北京律师;
葛永喜,广东律师;
吴魁明,广东律师;
隋牧青,广东律师;
陈科云,广东律师;
刘正清,广东律师;
刘士辉,广东律师;
吴镇琦,广东律师;
张科科,湖北律师;
兰志学,北京律师;
谢阳,湖南律师;
常伯阳,河南律师;
付永刚,山东律师;
徐 灿,北京律师;
徐 忠,山东律师;
葛文秀,广东律师;
陈武权,北京律师;
滕彪,北京学者;
胡贵云,北京律师;
赵永林,山东律师;
张传利,北京律师;
刘巍,北京律师;
唐荆陵,广东律师;
刘金滨,山东律师;
周立新,北京律师;
陈进学,广东律师;
范标文,广东律师;
龙元富,广东律师;
梁秀波,河南律师;
李威达,河北律师;
于全,四川律师;
刘伟,河南律师;
王宗跃,贵州律师;
黎雄兵,北京律师;
肖芳华,广东律师;
伍雷,山东律师;
石永胜,河北律师;
李国蓓,北京律师;
张国;湖南律师;
汪廖,浙江律师;
蒋援民,广东律师;
郭莲辉,江西律师;
郭新嵘,北京律师;
李长明,北京律师;
魏友援,江西律师;
冯延强,山东律师;
刘四新,北京法学博士;
李如玉,江苏法学博士;
刘明,湖南律师;
陈以轩,湖南律师;
覃永沛,广西律师;
徐向辉,广东律师;
韩庆芳,河北律师;
王宇,北京律师 ;
蔺其磊,北京律师;
王雅军,北京律师;
张赞宁,江西律师;
冯云,云南律师;
杨璇,湖南律师;
张重实,湖南律师;
李正君,河北律师;
李春富,北京律师;
卢思位,成都律师;
李贵生,贵州律师;
李长青,北京律师;
李志勇,广东律师;
储玉昆,北京律师;
王全平,广东律师;
童朝平,北京律师;
王必君,广东律师;
刘志强,陕西律师;
罗茜,湖南法律人;
陈国庆,广东律师,
李前军,上海律师;
辛本华,山东律师;
李光耀,新疆律师;
张丽蓉,浙江律师;
陈宁,广东律师;
姚志刚,成都律师;
张志勇,河北律师;
曲铁军,黑龙江律师;
徐红卫,山东律师;
施正刚,江苏律师;
张维玉,山东律师;
秦雷,上海律师;
朱应明,江苏律师;
闻宇,广东律师;
毛宏伟,广东律师;
梅春来,广东律师;
韦良月,黑龙江律师;
黄建,四川律师;
王鹏宇,广东律师;
邵振中,山东律师;
莫宏洛,河南律师;
李苏滨,北京律师;
梁秀波,北京律师;
王学明,山东律师;
郑湘,山东律师;
常伯阳,河南律师;
田园,湖南律师;
张成茂,北京律师;
冉彤,四川律师;
王先平,新疆律师;
王成,浙江律师;
陈南石,湖南 律师;
李和平,北京律师;
唐天昊,重庆律师;
梁小军,北京律师;
庞琨,广东律师;
王甫,北京律师;
张 颖,四川律师;
常玮平,陕西律师 ;
黄思敏,湖北律师;
李大伟,甘肃法律人;
王磊,河南律师;
张俊杰,河南律师;
朱攀峰,河南律师;
姬来松,河南律师;
铁海军,河南律师;
薛荣民,上海律师;
刘金湘,山东律师;
刘连贺,天津律师;
王全章,北京律师;
郑恩宠,上海律师;
舒向新,山东律师;
王玉琴,山东律师;
王梅霞,河北律师。

人权律师团联系人:王成律师,电话:13616501896;
唐吉田律师,电话:13161302848;
江天勇律师,电话:13001010856。邮箱:[email protected]

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