May, 26 2009, 04:48pm EDT
China: Leading Civil Rights Lawyers Face Threats to Licenses
Government Should Guarantee Independence of the Legal Profession
NEW YORK
More than 20 of China's most prominent civil rights lawyers face the possible loss of their right to practice law as an apparent official reprisal for their rights advocacy efforts, Human Rights Watch said today.
Under Chinese law, lawyers and law firms must get their licenses to practice renewed annually, a process sometimes marred by political considerations. These civil rights lawyers say that in recent weeks the Beijing judicial authorities have been trying to pressure their firms not to endorse their re-licensing applications. The lawyers say that the firms' heads have been warned by judicial officials in meetings and telephone conversations about possible adverse consequences for their business if they continue to employ lawyers who take up rights cases.
"Control over the yearly renewal of professional licenses remains one of the main obstacles to the independence of China's legal profession," said Sophie Richardson, Asia advocacy director at Human Rights Watch. "Even when law firms that have been pressured decide to stand by their lawyers, this kind of interference has a chilling effect on the legal profession."
According to an official April 14, 2009, notice from the Beijing Judicial Bureau detailing the registration procedures, lawyers must present their annual applications prior to the end of the registration period on May 31. Lawyers who fail to renew their professional licenses are in effect temporarily disbarred.
A number of the lawyers currently targeted have been involved in some of the most high-profile efforts to date to litigate on behalf of victims of human rights abuses and press for greater accountability from the government. They have represented families of victims of the melamine milk-powder scandal, parents of children killed during the Sichuan earthquake who are pressing for an investigation into the causes of the disproportionately high rate of school collapses, and Tibetans arrested in connection with the massive crackdown in Tibet. Others have been involved in representing HIV/AIDS patients, victims of police abuses, farmers evicted from their land, and Falungong practitioners.
Over the past few years, Human Rights Watch has extensively documented abuses of lawyers, widespread violations of the right of the defense in legal procedures, and a pattern of interference and political control in cases viewed as politically sensitive by the authorities. Although the government vowed to establish new procedural protections for lawyers in June 2008 when it promulgated revisions to the Law on Lawyers, those efforts have been inadequate. No efforts have been made to effectively safeguard the security of lawyers discharging their functions or to allow the government-controlled All-China Lawyers Association - the country's bar association - to play such role.
Human Rights Watch pointed out that instead of the promised reforms to protect the independence of lawyers, detention and physical abuses against lawyers by law enforcement officials have multiplied. In one such incident on May 13, 2009, lawyers Zhang Kai and Li Chunfu were arrested and beaten in police custody in Chongqing after meeting with the family of a man who had died while in a re-education-through-labor camp. The authorities have so far refused to investigate the incident.
"Interference and retaliation against lawyers are direct attacks on the rule of law," said Richardson. "Such actions perpetuate injustices, undermine confidence in legal institutions, and negate the government's own commitment to governing the country according to law."
Beijing lawyers who have reported concerns over the renewal of their license include
Li Heping, Cheng Hai, Jiang Tianyong, Li Xiongbing, Li Chunfu, Wang Yajun, Tang Jitian, Yang Huimin, Xie Yanyi, Li Dunyong, Wen Haibo, Liu Wei, Zhang Lihui, Peng Jian, Li Jinglin, Lan Zhixue, Zhang Kai and Liu Xiaoyuan. Two lawyers who practice outside of Beijing, Wei Liangyue and Yang Zaixin, have also reported threats over their licenses.
Human Rights Watch is one of the world's leading independent organizations dedicated to defending and protecting human rights. By focusing international attention where human rights are violated, we give voice to the oppressed and hold oppressors accountable for their crimes. Our rigorous, objective investigations and strategic, targeted advocacy build intense pressure for action and raise the cost of human rights abuse. For 30 years, Human Rights Watch has worked tenaciously to lay the legal and moral groundwork for deep-rooted change and has fought to bring greater justice and security to people around the world.
LATEST NEWS
Once Again, Tom Cotton Blocks Bill to Shield Journalists From Betraying Sources
Responding to the GOP senator's latest thwarting of the PRESS Act, Democratic Sen. Ron Wyden vowed to "keep trying to get this bill across the finish line" before Republicans take control of the Senate next month.
Dec 10, 2024
Republican U.S. Sen. Tom Cotton of Arkansas on Tuesday again blocked the passage of House-approved bipartisan legislation meant to shield journalists and telecommunications companies from being compelled to disclose sources and other information to federal authorities.
Sen. Ron Wyden (D-Ore.) brought the Protect Reporters from Exploitative State Spying (PRESS) Act—which would prohibit the federal government from forcing journalists and telecom companies to disclose certain information, with exceptions for terroristic or violent threats—for a unanimous consent vote.
Senate Majority Leader Chuck Schumer (D-N.Y.) argued Tuesday that passing the PRESS Act is "more important now than ever before when we've heard some in the previous administration talk about going after the press in one way or another," a reference to Republican President-elect Donald Trump's threats to jail journalists who refuse to reveal the sources of leaks. Trump, who has referred to the press as the "enemy of the people," repeatedly urged Senate Republicans to "kill this bill."
Cotton, who blocked a vote on the legislation in December 2022, again objected to the bill, a move that thwarted its speedy passage. The Republican called the legislation a "threat to national security" and "the biggest giveaway to the liberal press in American history."
The advocacy group Defending Rights and Dissent lamented that "Congress has abdicated their responsibility to take substantive steps to protect the constitutional right to a free press."
However, Seth Stern, director of advocacy at the Freedom of the Press Foundation, noted ways in which Senate Democrats can still pass the PRESS Act before Republicans gain control of the upper chamber next month:
Senate Democrats had all year to move this bipartisan bill and now time is running out. Leader Schumer needs to get the PRESS Act into law—whether by attaching it to a year-end legislative package or bringing it to the floor on its own—even if it means shortening lawmakers' holiday break. Hopefully, today was a preview of more meaningful action to come.
Responding to Tuesday's setback, Wyden vowed, "I'm not taking my foot off the gas."
"I'll keep trying to get this bill across the finish line to write much-needed protections for journalists and their sources into black letter law," he added.
Keep ReadingShow Less
Judges Block Kroger-Albertsons Merger in 'Win for Farmers, Workers, and Consumers'
"We applaud the FTC for securing one of the most significant victories in modern antitrust enforcement," said one advocate.
Dec 10, 2024
Antitrust advocates on Tuesday welcomed a pair of court rulings against the proposed merger of grocery giants Kroger and Albertsons, which was challenged by Federal Trade Commission Chair Lina Khan and multiple state attorneys general.
"The FTC, along with our state partners, scored a major victory for the American people, successfully blocking Kroger's acquisition of Albertsons," said Henry Liu, director of the commission's Bureau of Competition, in a statement. "This historic win protects millions of Americans across the country from higher prices for essential groceries—from milk, to bread, to eggs—ultimately allowing consumers to keep more money in their pockets."
"This victory has a direct, tangible impact on the lives of millions of Americans who shop at Kroger or Albertsons-owned grocery stores for their everyday needs, whether that's a Fry's in Arizona, a Vons in Southern California, or a Jewel-Osco in Illinois," he added. "This is also a victory for thousands of hardworking union employees, protecting their hard-earned paychecks by ensuring Kroger and Albertsons continue to compete for workers through higher wages, better benefits, and improved working conditions."
While Liu was celebrating the preliminary injunction from Oregon-based U.S. District Court Judge Adrienne Nelson, later Tuesday, King County Superior Court Judge Marshall Ferguson released a ruling that blocked the merger in Washington state.
"We're standing up to mega-monopolies to keep prices down," said Washington Attorney General Bob Ferguson. "We went to court to block this illegal merger to protect Washingtonians' struggling with high grocery prices and the workers whose jobs were at stake. This is an important victory for affordability, worker protections, and the rule of law."
Advocacy groups applauding the decisions also pointed to the high cost of groceries and the anticipated impact of Kroger buying Albertsons—a $24.6 billion deal first announced in October 2022.
"American families are the big winner today, thanks to the Federal Trade Commission. The only people who stood to gain from the potential merger between Albertsons and Kroger were their wealthy executives and investors," asserted Liz Zelnick of Accountable.US. "The rest of us are letting out a huge sigh of relief knowing today's victory is good news for competitive prices and consumer access."
Describing the federal decision as "a victory for commonsense antitrust enforcement that puts people ahead of corporations," Food & Water Watch senior food policy analyst Rebecca Wolf also pointed out that "persistently high food prices are hitting Americans hard, and a Kroger-Albertsons mega-merger would have only made it worse."
"Already, a handful of huge corporations' stranglehold on our food system means that consumers are paying too much for too little choice in supermarkets, workers are earning too little, and farmers and ranchers cannot get fair prices for their crops and livestock," she noted. "Today's decision and strengthened FTC merger guidelines help change the calculus."
Like Wolf, Farm Action president and co-founder Angela Huffman similarly highlighted that "while industry consolidation increases prices for consumers and harms workers, grocery mergers also have a devastating impact on farmers and ranchers."
"When grocery stores consolidate, farmers have even fewer options for where to sell their products, and the chances of them receiving a fair price for their goods are diminished further," Huffman explained. "Today's ruling is a win for farmers, workers, and consumers alike."
Some advocates specifically praised Khan—a progressive FTC chair whom President-elect Donald Trumpplans to replace with Andrew Ferguson, a current commissioner who previously worked as chief counsel to Senate Minority Leader Mitch McConnell (R-Ky.) and as Republican counsel on the Senate Judiciary Committee.
"Today's decision is a major win for shoppers and grocery workers. Families have been paying the price of unchecked corporate power in the food and grocery sector, and further consolidation would only worsen this crisis," declared Groundwork Collaborative executive director Lindsay Owens in a statement.
"FTC Chair Lina Khan's approach is the blueprint to deliver lower prices, higher wages, and an economy that works for everyone," Owens argued. "The rebirth of antitrust enforcement has protected consumers against the worst of corporate power in our economy and it would be wise to continue this approach."
Laurel Kilgour, research manager at the American Economic Liberties Project, called the federal ruling "a resounding victory for workers, consumers, independent retailers, and local communities nationwide—and a powerful validation of Chair Khan and the FTC's rigorous enforcement of the law."
"The FTC presented a strong case that Kroger and Albertsons fiercely compete head-to-head on price, quality, and service. The ruling is a capstone on the FTC's work over the past four years and includes favorable citations to the FTC's recent victories against the Tapestry-Capri, IQVIA-Propel, and Illumina-Grail mergers," Kilgour continued.
"The court also cites long-standing Supreme Court law which recognizes that Congress was also concerned with the impacts of mergers on smaller competitors," she added. "We applaud the FTC for securing one of the most significant victories in modern antitrust enforcement and for successfully protecting the public interest from harmful consolidation."
Despite the celebrations, the legal battle isn't necessarily over.
The Associated Pressreported that "the case may now move to the FTC, although Kroger and Albertsons have asked a different federal judge to block the in-house proceedings," and Colorado is also trying to halt the merger in state court.
Keep ReadingShow Less
Trump Taps Anti-Trans Lawyer Harmeet Dhillon for Key Civil Rights Post
"Dhillon has focused her career on diminishing civil rights, rather than enforcing or protecting them," argued one critic.
Dec 10, 2024
LGBTQ+ and voting rights defenders were among those who sounded the alarm Tuesday over Republican President-elect Donald Trump's selection of a San Francisco attorney known for fighting against transgender rights and for leading a right-wing lawyers' group that took part in Trump's effort to overturn the 2020 presidential election to oversee the U.S. Department of Justice Civil Rights Division.
On Monday, Trump announced his nomination of Harmeet Dhillon to head the key civil rights office, claiming on his Truth Social network that the former California Republican Party vice-chair "has stood up consistently to protect our cherished Civil Liberties, including taking on Big Tech for censoring our Free Speech, representing Christians who were prevented from praying together during COVID, and suing corporations who use woke policies to discriminate against their workers."
"In her new role at the DOJ, Harmeet will be a tireless defender of our Constitutional Rights, and will enforce our Civil Rights and Election Laws FAIRLY and FIRMLY," Trump added.
However, prominent trans activist Erin Reed warned on her Substack that Dhillon's nomination—which requires Senate confirmation—"signals an alarming shift that could make life increasingly difficult for transgender people nationwide, including those who have sought refuge in blue states to escape anti-trans legislation."
Trump has picked Harmeet Dhillon as Assistant Attorney General for Civil Rights. She has stated that it must be "made unsafe" for hospitals to provide trans care, and frequently shares Libs of TikTok posts. She intends to target trans people in blue states. Subscribe to support my journalism.
[image or embed]
— Erin Reed (@erininthemorning.com) December 10, 2024 at 8:14 AM
Reed continued:
Dhillon's most prominent work includes founding the Center for American Liberty, a legal organization that focuses heavily on anti-transgender cases in blue states. The organization's "featured cases" section highlights several lawsuits, such as Chloe Cole's case against Kaiser Permanente; a lawsuit challenging a Colorado school's use of a transgender student's preferred name; a case against a California school district seeking to implement policies that would forcibly out transgender students; and a lawsuit against Vermont for denying a foster care license to a family unwilling to comply with nondiscrimination policies regarding transgender youth.
Reed also highlighted Dhillon's attacks on state laws protecting transgender people, as well as her expression of "extreme anti-trans views" on social media—including calling gender-affirming healthcare for trans children "child abuse."
Last year, The Guardian's Jason Wilson reported that the Center for American Liberty made a six-figure payment to a public relations firm that represented Dhillion in both "her capacity as head of her own for-profit law firm and Republican activist."
Writing for the voting rights platform Democracy Docket, Matt Cohen on Tuesday accused Dhillon of being "one of the leading legal figures working to roll back voting rights across the country."
"In the past few years, Dhillon—or an attorney from her law firm—has been involved in more than a dozen different lawsuits in Arizona, Colorado, Georgia, Maine, Michigan, North Carolina, Virginia, and Washington, D.C. challenging voting rights laws, redistricting, election processes, or Trump's efforts to appear on the ballot in the 2024 election," Cohen noted.
As Maya Wiley, president and CEO of the Leadership Conference on Civil and Human Rights, said in a statement Tuesday, "The Department of Justice's Civil Rights Division has the critical responsibility of enforcing our nation's federal civil rights laws and ensuring equal justice under the law on behalf of all of our communities."
"That means investigating police departments that have a pattern of police abuse, protecting the right to vote, and ensuring schools don't discriminate against children based on who they are," Wiley noted. "The nomination of Harmeet Dhillon to lead this critical civil rights office is yet another clear sign that this administration seeks to advance ideological viewpoints over the rights and protections that protect every person in this country."
"Dhillon has focused her career on diminishing civil rights, rather than enforcing or protecting them," she asserted. "Rather than fighting to expand voting access, she has worked to restrict it."
A staunch Trump loyalist, Dhillon has also embraced conspiracy theories including the former president's "Big Lie" that the 2020 presidential election was stolen, and has accused Democrats of "conspiring to commit the biggest election interference fraud in world history."
She was co-chair of the Republican National Lawyers Association when it launched Lawyers for Trump, a group that urged the U.S. Supreme Court to intervene on behalf of the former president after he lost the 2020 election.
Cohen also highlighted Dhillon's ties to right-wing legal activist and Federalist Society co-chair Leonard Leo, described by Sen. Sheldon Whitehouse (D-R.I.) as a "lawless con man and crook" for his refusal to comply with a Senate subpoena and his organization of lavish gifts to conservative U.S. Supreme Court justices.
"We need a leader at the Civil Rights Division who understands that civil rights protections are not partisan or political positions open to the ideological whims of those who seek to elevate a single religion or to protect political allies or particular groups over others," Wiley stressed. "We need a leader who will vigorously enforce our civil rights laws and work to protect the rights of all of our communities—including in voting, education, employment, housing, and public accommodations—without fear or favor."
Keep ReadingShow Less
Most Popular