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Recalling the ‘Statement of Concern at Treatment of Lawyers in China’ (21 July 2015) issued by the Law Association for Asia and the Pacific (LAWASIA),1
Recalling also the numerous statements, resolutions and other documents issued by LAWASIA with respect to the rights of lawyers,
Affirming the United Nations Basic Principles on the Role of Lawyers (1990) (Basic Principles),
Affirming the international human rights instruments and core human rights treaties promulgated by the United Nations,
Noting that, since its establishment in 1966, LAWASIA has sought to advocate for the interests of the legal profession, to promote the administration of justice, and to uphold and encourage adherence to the rule of law in the Asia Pacific, including the protection of international human rights,
Further noting that all LAWASIA policies and actions are fundamentally informed by the constitutional objectives described above,
Recognising its position as the predominant representative organisation for law associations and individual lawyers in the Asia Pacific, and
Acknowledging its vital role in protecting members of the legal profession from persecution, infringements and improper restrictions,2
LAWASIA is compelled to express its deep concern regarding the reported treatment of lawyers in the People’s Republic of China (China).
LAWASIA previously stated its concern in July 2015, when it was widely reported that a large number of lawyers involved in ‘human rights’ cases had been arrested, detained or otherwise harassed by the authority of the Chinese government. As we approach the second anniversary of these incidents, it appears there has been no progress in the treatment of lawyers working on human rights or other public interest cases in China. The United Nations Committee Against Torture has indicated that some of those arrested during the incidents of July 2015 have since been subjected to torture or other forms of cruel or inhuman treatment during their detention.3 Further reports, available in the public domain, suggest that those prosecuted have been denied the right to access or retain defence counsel of their choice, as well as the right to a fair and public hearing by an impartial tribunal.4
Such treatment by the law enforcement authorities and judiciary of China would be in violation of the core human rights treaties and universal human rights instruments of the United Nations, including the International Covenant on Civil and Political Rights (1966) (ICCPR) to which China is signatory.5 The Hong Kong Bar Association, a LAWASIA member organisation, rightly states that relevant obligations under international law are supported by provisions of the domestic law of China.6
Given the information above, LAWASIA calls upon the government of China to:
i. observe its obligations under international human rights law;ii. ensure that those prosecuted are afforded their proper rights to:
a. access the assistance of a lawyer of their choice, andb. a fair and public hearing by an impartial tribunal; and
iii. ensure that lawyers in China are ‘able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference’ .
Prashant Kumar
President, LAWASIA