Fiery Lawyer Puts China's Judiciary on Trial

Mood Control

During Li's trial, a committee of legal experts formed by the Chongqing court met local media. The experts explained judicial strategies and were encouraged to express views favorable to prosecutors.

A legal expert who prefers to remain anonymous told Caixin that officials had contacted him at 10 p.m. December 30 to invite him to an urgent meeting because local leaders "are not happy about the effect of the trial, and have called for outside experts to give advice on their measures."

The meeting was held in the office of the court where Li was on trial, and some reporters attended. A source at the meeting told Caixin local leaders expressed impatience after the experts said they had found loopholes in the trial process. That's because the meeting's real purpose was to encourage experts to support procurators and "help" local media set the "right direction for public opinion," said the source.

When Li was arrested, Beijing lawyer Liu Yang was on his way to Chongqing to meet his own client in the organized crime campaign. To his surprise, Liu found local police unusually cooperative. Police provided documents and helped him meet his client.

Liu said he wondered whether Li's case had anything to do with their friendly attitudes. He proceeded cautiously. And he spent little time on the due process issue during his client's trial December 24.

"Challenging the lawful status of obtaining evidence will dismay procurators," said Liu. "The procurator office is a supervisory legal body, and a major confrontation with them probably would not have benefits for my clients."

Liu said if every lawyer had the courage to fight infringements of their rights, however, the judicial environment would be better.

Professional Plight

Li's case reflects the difficult environment facing trial lawyers, who are vastly outgunned by official judicial organs in China. 

Several months before Li's case, the Chongqing judicial bureau issued an opinion, asking court lawyers to "stress politics, think about the big picture and obey the rules (讲政治、顾大局、守纪律)." It also advised lawyers "not to tangle with details." And the opinion told lawyers that media interviews were forbidden.

A December 2009 survey by the Beijing Political Advisory Commission showed only 36 percent of criminal cases in Beijing involve defense lawyers. The national average could be much lower.

Reasons why litigators are missing include professional difficulties, such as problems with meeting clients, viewing related documents and obtaining evidence. Moreover, there is little legal protection or practical help for lawyers, a fact underscored by the frequency with which their requests are turned down by law enforcement officials.

Lawyer Qian Lieyang of the Beijing Dacheng Law Offices said such obstructions have encouraged some lawyers to find "back door" solutions by exploiting personal connections or bribing.

Procedural justice has long been overlooked, said Zhang Qingsong of the Beijing Shangquan Law Firm. He noted that China's system of judicial agencies, police and procurators dictate a system of measuring career performance based on ratios and results, not proper adherence to legal procedures.

"If illegal procedures incur no legal consequences, why should people care?" asked Zhang.

(Translated by LX)