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A Chinese Human Right lawyer’s story by Guo Guoting
A Chinese
Human Right lawyer’s story
by Guoting Guo
Brief introduction
I have been practicing as a maritime lawyer for 20 years. and two year ago decide to be a human right lawyer. For I learn so many young talent people were arrested and sentence into prison only for out spoken. So I publish articles online to express my opinion on Chinese Communist Party’s policies, judicial system, political system, and rule of law. And started to defended political dissident and cyber writer and journalist Ever since June 2003, as the defense lawyer of Mr.Zheng Enchong, I have become a Chinese Human Right lawyer and have been the defense lawyer of political prisoners of conscience, such as Mr.Huang Junqiu, Mr.Yang Tianshui, Mr.Shi Tao, and Mr.Zhang Lin; residents who were forcefully evicted from their homes, such as Ms.Ma Yalian and Ms. Wang Shuizheng; Falun Gong practitioners, such as Mr.Qi Yanlai, Mr.Chen Guanghui, and Mr.Lei Jiangtao. I was thereafter harassed and revenged by the Chinese government. On February 23rd,2005, Shanghai Judicial Bureau suspended my lawyer license and took my computer away. Even worse, the Chinese police searched my home and my office again on March 6th,2005, then detained me, released me on bail, and put me under house arrest under extreme strict surveillance till May 20th,2005. My family was constantly harassed by telephone tapping. This is the first declared Chinese Human Right lawyer’s real situation in China. The full and detailed story is as follows:
I The First case of suspending license practicing law for so called breach Constitution in China
1.The advocacy of freedom of thought, freedom of speech, and freedom of press
2.Openly Against The One Party Dictatorship with Extreme Power
3.Criticized the possibility of communism and openly expressed “no love for communist party” and “the end of communist party will come soon”.
4.appeal to for Chinese Human Right lawyers
5.Against Mr.Hu Jintao’s extreme power of the Nation
6．Publish the defense statement on Internet and Request for the Party member judges’avoidance of suspicion
7．Show my intension and desire to represent for the political consciences
8.critisize the policy of Tian Anmei Massacre
9.Criticize the policy to overturn the spiritual movement of Falungong
Summary,
my speech and action mainly focused on fighting for freedom of thought, freedom of speech and press; fighting against one party’s extreme dictatorship; calling on a genuine judicial system; accusing the crimes of the Communist Party committed to the Tian Anmei Squire Student Democracy Movement, as well as Fa Lungong’s spiritual movement.
II Revenge
1 lost the right to practice law
2 lost the freedom: detained and bail out
under house arrest.
3 Forced to self-criticize
4 Forced to sign written pledge
(drafted by The Authority)
Written pledge drafted by the Authority
I, Guoting Guo, for the sake of personal interest and fame, I published several irresponsible essays on Internet and other public places. I intentionally denigrated Chinese current political system and judicial system. These behaviours have seriously violated the lawyer’s profession morality, and have caused irrecoverable negative impact and social damage. …...the government gave me great help and care. ….. I feel very repentant for my speech and essay. I thank the government for its timely help so that I do not go too far in the wrong way. I hereby thank the Government’s help and education. …… I promise that:
From now on, I shall not contact the “Independent Chinese Pen Committee” and any other similar organizations and relevant staff; I shall refuse any request immediately if they contact me; I promise not to join any organizations, not to attend any activities, not to accept any sponsorship;
During this research meeting, I shall keep silent and not address any issues. During the period of further education or job application, I shall not contact anyone who is irrelevant to academic research or job application;
I shall no longer touch the politically sensitive cases, i.g. Mr.Shi Tao, Zhang Lin, Yang Tianshui, Zheng Enchong, Huang Junqiu and Fa Lungong, forced eviction victims, and labor disputers; I shall not contact anyone who is involved in the cases; I shall not recommend any other lawyers to handle the cases; I shall not offer legal aid; I shall not attend any petition or supporting activities under any circumstances. Meanwhile, from now on, I guarantee that I shall not contact Shanghai residents Ms.Jiang Meili and Ms.Li Jianhong;(After I go abroad, I shall not contact any Fa Lungong organizers overseas (handwritten here).
I will not organize, involve, or attend any activities, such as “human right lawyers training class”.
I shall not publish any political articles and other irresponsible essays on Internet and other unsuitable places, especially those which criticize China political system and legal system;
I shall keep low key and not accept any overseas media’s interview. If I have to accept the interview, I shall not make any comments on state affairs. In particular, I shall not deliver any message that attacks and defames Chinese government;
I guarantee that I shall not attend or involve in any activities that may jeopardize the state security and damage the state interest;
I swear with my good name to keep the above promises. If I breach any of the above clauses, I shall be cast aside by the whole world.
9 May, 2005
5 final version of forced written pledge
Finally under the pressure of the police, I was forced to write down the following promise, in handwriting:
I, Guo Guoting, male, was born in Chang Ding of FuJian Province on 10 January 1958. I was the previous senior partner of Shanghai Tian-yee Law Firm. During these years, I conceitedly published several political essays to criticize political system and judicial system, which objectively caused some negative impact. On 4 March, 2005, I was given one year administrative punishment by the Shanghai Justice Bureau. I now recognize that I had some faults such as being so arrogant that I indeed should not have made public comments in some unsuitable places. Some of these comments did not comply with the reality of China. My analysis and judgments also had some errors, which did not truly reflect the objective situation. Now I recognize I have made some mistakes and would like to go abroad to attend an international meeting and try to find a job in USA or Canada, I promise:
1. I shall keep away from politics and promise not to join any political organization. I shall not attend any political activities, nor to receive any sponsorship from Chinese state enemy;
2. During the meeting, I shall keep low key and not make any speech. During my future education and job application, I shall not contact anyone who is irrelevant to academic research and job application;
3. I shall no longer act as the defense lawyer of any politically sensitive cases, i.g. Mr.Shi Tao, Zhang Lin, Yang Tianshui, Zheng Enchong, Huang Junqiu and Fa Lungong, forced eviction victims, labor dispute. I shall not attend any petition or supporting activities. I shall not contact any FLG’s organizers overseas;
4. I shall not organize, involve, or attend any activities, such as “human right lawyer training class”.
5. I shall not publish any political articles on Internet, especially those that criticize China political system and legal system;
6. I shall not accept any oversea media’s interview. If I have to, I shall not deliver any message that attacks and defames Chinese government;
7. I shall not attend or involve in any activities that might jeopardize the state security and damage the state interest.
III Comment and conclusion
In a country where human right lawyers can hardly even protect his/her own fundamental human rights, how can one expect a decent good record of human rights? I was a senior lawyer who have been practicing law for more than twenty years in China. Coincidentally, I became a China human right lawyer two years ago. I declared to become a Chinese human right lawyer openly in Feb 2004. All I did were some publish of essays criticizing the Communist Party’s policy of Tiananmen Massacre Fa Lungong’s spiritual movement, political system and legal system, some cynical comments on the Four Basic Principle, and defending for several political consciences and Fa Lungong’s practitioners. In return, the Shanghai Justice Bureau suspended my lawyer license for one years; the police put me under house arrest and under strict surveillance for two and a half months! They also cut off my home phone telephone lines and seized my mobile phone. They even carried out 24 hours surveillance and forced me to give up bringing lawsuit against the Justice Bureau. Even worse, they illegally took away my dairy and relevant case files. Finally, they forced me to write this so-called guarantee which of course has no legal and moral binding whatsoever. The purpose of all these is to totally destroy my law career, and, at the same time, to warn and threat other China lawyers from taking human right cases.
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