Feb 24 2009
chinese government lays the smackdown on yitong
The American Lawyer published an article today entitled, “ Lawyers Face Off With Governments in India, China“ (free subscription required) reports that the government in Beijing is going after human rights law firm Yitong. Apparently, the firm had been ordered to shut down for 6 months:
[A] prominent human rights law firm is facing a six-month government-ordered shutdown, ostensibly for employing an unlicensed lawyer as an assistant.
But Liu Xiaoyuan, a well-known lawyer and blogger with the targeted Yitong firm, has said he believes the shutdown is intended to punish the firm because some of its lawyer were involved in last year’s campaign to institute direct elections for the leadership of the Beijing Lawyers Association. Though technically autonomous, bar groups in China are generally closely tied to government ministries. The campaign, by letter and text message, was angrily denounced by the Beijing bar.
Liu says he believes the government intends for Yitong to go out of business as an example to other lawyers.
Frankly, I can’t say that I’m all that surprised at this development. Why?
Yitong has represented a variety of controversial figures, including jailed democracy and environmental activist Hu Jia.
If you want to go after the government in China, you have to be ready to face the music if the government ever decides to go after you.
Sharon Hom, executive director of Human Rights in China, expressed concern “that this seems to be part of a pattern of misuse of judicial and regulatory process to punish lawyers who take on matters deemed sensitive by the authorities.”
I mean really… who actually expected Beijing to just sit and take it? Much as I agree with Ms. Hom, the fact of the matter is still that the rule of law doesn’t rule China. It’s rule by party… and if you decide to take on the government, they can and will use the law against you. So if the American Lawyer acts like its a big deal, anyone who’s been watching China for more than a month or two should know better. Welcome to the real world.
Sometimes I wonder which is more offensive to the government: Liu Xiaoyuan’s lawyering or his blogging? I’d welcome comments on that dilemma.
