不可分割的整体

Thursday, March 23, 2006

荒原狼:我们为什么不关心候文豹?

候文豹被拘留这么长时间了, 听说对他的报道寥寥无几。而且他现在的情况是非常不明朗,朋友说,这都是报道太少,关注太少的原因。要是报道,关注得多了,也不见得会是这样。对于候文豹来说,这足以让他伤心!


我们一直批评媚俗文化中的追星现象,但在异议群体中,也存在这样的现象。有名气的人,不管有什么事情,都会有大量的报道,但没有名气的,也就是最好的朋友给些报道,再就不见了后续报道。这能不让人寒心吗?

对于报道,我们都知道这起不了根本性的作用,但最起码的一点是,我们对他们的关心可以让很多人知道。这样,他们也许会少受带点苦和罪,甚至能减轻些罪名。可是我们不去关心,迫害他们的人就会更加肆无忌惮,对他们的迫害也就会更加残酷甚至变本加厉。他们受苦受罪我们于心何忍?!

现在,我希望大家能给他家打打电话,给他家人些安慰。和国际上取得联系,让他们给个持续报道。我们这样做,也不枉自己对他人说我们是做什么的。要不然,我们就会象北极的雪豹,让猎人一个个地杀光。!

候文豹家电话0557----2196317 (博讯记者:蔡楚) [博讯首发,欢迎转载,请注明出处](博讯 boxun.com)

李建强律师答入狱的异议人士、独立作家法律救助问题

李建强律师答记者问


李建强律师就有关国内入狱的异议人士、独立作家

法律救助问题答记者问

记者:李律师您好,最近国内又有一些异议人士、维权人士和独立作家被捕入狱,比如山东的陈光诚先生、安徽的侯文豹先生、上海的李国涛先生等等,作为维权律师,您有没有考虑为他们提供法律救助?

李建强律师:您提的问题比较尖锐,作为律师,对这些因言获罪的案件视而不见、见而不管都是一种心灵的折磨,一种职业的羞辱,但是,我必须告诉您,我确实有些力不从心。客观因素决定,我只能对极少数的人提供救助,不可能所有的人都顾及到。

记者:您说的客观因素是指什么?是不是会受到当局的压力?

李律师:这个因素当然有,但我指的不是这个因素。境外的朋友们可能对大陆的律师不太了解,大陆有两种律师,一种是律师所的主任或者是合伙人,如莫少平、郭国汀、李和平等,另一种是普通招聘律师,如唐荆陵、郭艳和本人等,前一种可以自主决定是否接受案件,是否可以免费,发表怎样的辩护意见,后者则没有任何决策权。也就是说,像我这样的招聘律师如果要接受一个人权案件,服务的对象、服务的费用、辩护意见的提出都需要经过律师所审批,有些事项比如作无罪辩护或者改变定性的辩护甚至还要向律师管理部门汇报。所以,我接受代理人权案件的能力其实很有限的。

记者:听了这些,我想我可以理解您了。但是,律师所不就是为当事人提供法律服务的吗?律师所在受理案件时为什么还要挑肥拣瘦?

李律师:挑肥拣瘦的现象当然存在,但并不限于人权案件。律师所不愿意代理人权案件,除了政治风险,主要还是一个经济效益问题。举个例子,北京市司法局颁布的刑事案件收费标准规定:“代理刑事案件根据案件的复杂程度和承办该案件的律师的知名度和执业经验,在下列幅度内协商收费:1、侦查阶段:5000——20000万元;2、审查起诉阶段:6000——30000元;3、审判阶段:8000——50000元。涉及国家安全罪、涉黑涉毒犯罪以及其他重大疑难案件,代理费按上诉标准的2倍收取。办理案件需要异地出差的,交通费、住宿费、长途电话费等由委托方承担,该等费用可以实报实销,也可以协商一固定数额包干使用。”
您听明白了吧?北京市的标准是涉及国家安全的案件从公安抓人到一审结束,律师费最低是38000元,最高是20万元。还不包括旅差费!
山东的收费稍低一些,但是也不是那些独立作家、异议人士能够承受的。因为这些人实际上都是被边缘化的,经济状况非常窘迫,他们哪里出得起如此高额的律师费呢?
据我了解,中国13万律师中,具有职业良心、愿意承办这些人权案件的律师大有人在,但我们不能要求他们只承担风险,不收取费用啊。

记者:我知道您也办理过不少人权案件,您是如何收费的呢?

李律师:2003年9月-11月,我为杜导斌、罗永忠代理过刑事案件,没有收费,旅差费都是我自己垫付的。为这两个案子,我被变相吊销执业证书2年。我还为法轮功学员、师涛、张林、提供过法律救助,没有向委托人收取律师费,只是由有关组织报销了部分旅差费和通讯费。2005年9月我重新执业后,正在代理杨天水、李元龙的案子,这两个案子只是由独立中文作家笔会象征性提供部分旅差费和办案手续费。

记者:那是挺难的,您是怎么解决的呢?

李律师:一般都是我先垫付,然后由笔会报销。至于律师费,我们所里的领导比较宽厚,并没有苛求非得交了以后再办案。

记者:长期以往这也不是办法啊,毕竟每年要进去那么多人,怎么救助得过来呢?

李律师:这就是问题的症结所在。国内一般情况是,人被抓了,家里拿不出钱来,圈子里的朋友只好出来呼吁捐款,但是这种举动又会被当局视为组织活动而严厉打压。其实,杨天水、侯文豹、李国涛这些人很大程度上都是呼吁为别人捐款救助而自己陷狱的。其实,国内的捐助很有限,呼吁一次也就是几千块钱,根本无济于事。

记者:您认为,有没有更好的解决办法呢?

李律师:我认为境外的基金会、人权组织和个人应该有所作为,山东的一位叫任自元的青年教师,因为颠覆罪最近被判十年重刑,北京为他提供辩护的张律师只收了一点差旅费,还是网友们50、100的捐助的。而有的境外组织一年接受捐款400多万美元,为什么就不能拿出一部分来救助国内的政治难民?毕竟国内的人都是为了我们共同的这个国家的未来、为了民主和自由的实现而牺牲了自己的自由之身的,如果他们被捕入狱而得不到起码的法律救助,这将会让他们以及后来者感到多么心寒!
记得去年为了太石村的案子,我在广州结识深圳的朱春兰律师,他也和我谈到这个问题。我们一直认为,应该建立一个专门的政治陷狱人士救助基金会,国内则应该有一个律师救助网络,建立起了这样一种救助机制,异议人士的法律救助才可能走上正轨。才不至于让我们的英雄在狱中孤独无依。

记者:谢谢李律师,您提出了一个很重要的问题。我想应该会引起国际社会和海外人士的注意的。

李律师:我也感谢您。感谢博讯网站提供这样一个机会让我发出声音。再见。

(博讯记者:蔡楚) [博讯首发,欢迎转载,请注明出处] (Modified on 2006/3/23) (博讯 boxun.com)

Friday, March 10, 2006

Open letter to Mr. Hu Jintao and to The Rt. Hon Tony Blair, Prime Minister of the United Kingdom

No doubt you both immediately noticed that this open letter does not address Mr. Hu Jintao as "President of the People's Republic of China." This is because the term "People's Republic of China" contains three falsehoods: "People's" – is it the people's or the people's wishes that are deliberately twisted and soiled? "Republic" – is it a republic or a dictatorial and totalitarian regime that refuses democratic elections? And is it "China" or the Communist Mainland that continues to threaten, with armed aggression, Taiwan that is also part of Chinese culture? The first-named recipient of this letter is not, therefore, the leader of China; rather, he is the head of a cabal that owes vast and countless debts.
The second-named recipient of this letter is the democratically elected Prime Minister of the United Kingdom. The reason for including Mr. Blair as a recipient of this letter is as follows: a Falun Gong practitioner who sat opposite the Chinese embassy in London in silent peaceful protest against the Chinese government's persecution of Falun Gong, was physically attacked by a person who had emerged from the embassy. The Chinese Communist Party (CCP) is extending its thug-style excesses from its own domain to attack the foundations of democracy abroad. This is a public insult to all humanity and conscience, and we implore you, Prime Minister Blair, to devote particular attention to this matter.
Images of the Cold War are still with us. The evil logic of communist ideology is still clear and distinct: with vacuous idealism as the appeal and "economic determinism" and "historical evolution" as the blood-drenched reasons, traditional concepts of property and ownership were shattered by incited violence. People's sense of social commonality was destroyed until finally the wishes of the rulers were attained in the form of monopolies on power and property, stolen in the name of public ownership. The completion of this process culminated in the deliberate distilling and concentrating of the evil in humanity.
The CCP is a product of this twentieth-century anti-human "revolution". However, eastern despotism dressed up in western vocabulary is yet more unscrupulous, more thorough in its tyranny; tens of millions of lives were lost and destroyed en route to the final tragic victim – Chinese culture itself.
Mao Zedong's call to overthrow the landlords and divide the land, rabble-roused China into gangs of bandits; his beloved Cultural Revolution was the "best model" to illegally bludgeon his way to absolute power. The Tiananmen Massacre was Deng Xiaoping ignoring the fact of communism's collapse the world over; a China wracked with violence sped away in the opposite direction to the history of humanity. Power and money colluded in the age of Jiang Zemin to turn all of China into the world's largest National Museum of Communism, exhibiting "the worst of socialism and the worst of capitalism", but even more, China was an example of moral bankruptcy. Jiang Zemin outlawed and started the oppression of Falun Gong, but in doing so he conversely reawakened an interest in traditional Chinese culture – the opposite of his intention.
Practitioners of Falun Gong believe in truthfulness, benevolence and forbearance and are striving for freedom of spiritual belief and practise through peaceful protest. Falun Gong has already become the most powerful and durable component of China's democratic forces, and they are garnering the respect and admiration of people the world over – all the more so for contrasting so sharply with the evil and hideous nature of the CCP.
Mr Hu, there is a great deal of curiosity over how you think this kind of "education in CCP history" should be taught? Several years ago, as you grasped the various reins of power over the CCP, government and military, people were positive; they placed, without doubt, a great deal of hope in your potential. But what is the reality we are witnessing?
II
As we can see, you are increasing the suppression of freedom of expression, and persecuting lawyers who defend the rights of people.
Communist propaganda units under your leadership – like a Ministry of Punishments with premeditation, sanction persecution of any organ of the media which even vaguely attempts to give voice to the people under a despotic totalitarian authority. Harbouring or expressing thoughts at even the slightest variance from the "correct requirements" is targeted for prohibition, with the obvious intention of obliterating independent thought and voices in China:
* Between January 2000 and May 2001, Southern Weekend , which was widely regarded as China's 'first weekly paper', was "rectified". The editor was transferred, the deputy editors were removed from the office, and the journalists were dismissed. The reason? Southern Weekend's reports of a bank raid and the spread of HIV/AIDS were a 'black mark' against the local party branches and government.
* In 2003, the Southern Metropolitan News was closed, the editor was sentenced to six years in prison, the deputy editor was sentenced to eight years and the editor in chief was arbitrarily detained for more than a year. The reason? Southern Metropolitan News trespassed on an officially forbidden area by reporting to China and the rest of the world the outbreak of SARS.
* On 30th April 2005, Shi Tao, a poet and former director of the editorial board at Contemporary Business News in Changsha, Hunan Province, was secretly sentenced to 10 years in prison on charges of "illegally providing state secrets to foreign organizations". The reason for this charge was that he sent abroad a memo secretly issued by the government: "severely punish overseas-based democracy activists [attempting to enter China]".
* In May 2005, Ching Cheong, the former deputy editor of Wenwei Bao in Hong Kong was arrested for suspicion of spying and he remains in detention till now.
* On 29th December 2005, Yang Bin, the editor of Xinjing Bao , a WIDELY appreciated newspaper, was dismissed and the paper's staff relocated because they dared to write and run stories exposing and critiquing social problems in mainland China.
* In January 2006, the January edition of a magazine called Ordinary People [bǎi xìng] was pulled, sections carrying criticism were cancelled and its website was closed.
* On 24th January 2006, the weekly Freezing Point – the 'last remaining voice' – was closed and the editor Li Datong was dismissed. At the same time, any reference to Freezing Point on the Internet was removed.
Throughout 2005 and particularly now as we enter 2006, you have vastly expanded and modernised the Chinese Internet police. By using huge profits and captive markets as bait, you have forced western media companies like Google and Yahoo to abandon any principles they ever had to join your game of double standards; they have established a system of checking, forbidding and obliterating information not conducive to totalitarianism. The grubbiest scene so far in the twenty-first century's intellectual history is that of thousands upon thousands of Internet pages of independent thought being shredded by this towering political firewall, built, to their eternal shame, by western companies.
In today's China, "Defending the Rights" is a new term, derived entirely from the CCP's violation of the human rights of over a billion vulnerable people. Even as you face Chinese society, with its problems and contradictions worsening daily, you do not address or attempt to adequately reform the twisted socio-economic structures; rather, you pursue the small minority of brave lawyers who dare to defend the rights of the weak, as though in the enforced silence your lies and lullabies will plaster over the cracks. Just the most recent examples of these incidents are as follows:
* In October 2003, Lawyer Zheng Enchong was sentenced to three years in prison for having defended Shanghai residents who were forcibly evicted from their homes by corrupt government officials and property developers.
* In May 2005, Lawyer Zhu Jiuhu was imprisoned for having attempted to represent a group of people who had invested their money in north Shaanxi oilfields, but lost it to official corruption and mis-management.
* In September 2005, Professor Ai Xiaoming and the lawyers Tang Jingling and Guo Yan, who had attempted to support the villagers' election, represent and help a community in Taishi Village in Guangdong Province to remove a corrupt official from office, were severely beaten by allegedly hired thugs; and a local people's representative, Lu Banglie, was beaten unconscious. In February 2006, a Taishi villager, Wu Yaoqiu who helped these two lawyers to get into the village, was knifed in his right hand and back with two fingers chopped in a knife-attack.
* In October 2005, lawyers Xu Zhiyong and Li Fangping were badly beaten, allegedly by hired thugs, when they travelled to Yinan County, Linyi City, Shandong Province to try and help another human rights' defender, Chen Guangcheng; Chen, blind since birth, had himself been beaten for trying to legally represent women who had suffered forced abortions.
* In December 2005, Lawyer Liu Ruping was sent to "re-education through labour" for 15 months because he wrote a letter to the national government calling for a stop to the brutal suppression of Falun Gong.
* Since the end of 2005, Lawyer Guo Feixiong has constantly been followed by plain-clothed police, detained, and harassed for attempting to represent Taishi villagers; he has been put in prison twice, and he is in constant fear for his life.
* Since the end of 2005, Lawyer Gao Zhisheng has attempted to represent and defend people arrested for their adherence to Falun Gong, and has had his licence to practise law revoked as a result. He has also been the victim of a 'hit and run' incident, which he considers himself lucky to have survived, let alone to have escaped without injury.
* In January 2006, both Gao Zhisheng and Guo Feixiong have established a "People's Investigation and Truth Committee" to look into the events of the "mini-Tiananmen" in Guangdong Province when local military police opened fire and killed un-armed protesters. They have called for all armed security personnel to be 'nationalised' but are now under constant surveillance and have both received death-threats. Their plight has given rise to hunger strikes being staged all over the world to declare support for all human rights' defenders in China and condemn the persecution of the CCP.
III
Mr. Hu Jintao:
You have the world's most sophisticated surveillance system, and you are therefore certainly aware that the above examples represent simply a fraction of the Chinese government's anti-human rights and anti-civilisation deeds.
We are writing this open letter to you not because we have illusions about you. Your journey from a political assistant to highest political power is the grim tale of an individual being brainwashed by communism. But you are not just a beneficiary of this system; you are also – and even more so – a victim of this system. The degree of your victimhood is precisely represented by your terror of a 'colour revolution': at the dawn of the twenty first century, your government is actually ratcheting up controls and repression of independent thought; after 30 years of reforms, the human rights situation in China is ranked 177th in the world.
It should be clearly understood at this point that any changes for the good in China since the Cultural Revolution have not been granted or bestowed upon the people by the government; instead, they have come about because of concessions the government has had to make in the face of demands from the people of China and the international community. And these concessions need to continue until communist ideology is destroyed by your own perverse deeds.
Yet we are still disposed to offer you a friendly reminder: there is a bottom-line to your evil acts. The bottom-line is not using soldiers who do not fire their rifles at people defending their loss of rights; the bottom-line is not threatening the safety and lives of lawyers who defend the protestors' rights; the bottom-line is not suppressing journalists who justly express the outrage of Chinese nation. It is through these agents that the world is judging you, and not the impression you hope you make when you attend the G8 or come to the United Kingdom.
A Chinese sage once said, "To know the things of shame is near to being brave". The requirement to reach the point of knowing a shame may be an extremely high standard, but the degree to which one is 'shameless' is essentially a matter of choice. What is the value of high GDP and enormous foreign exchange reserves when it is compared with a money-grubbing, power-corrupted, justice-perverting clique of gangsters under your command? And what is the point of ever-higher sky-scrapers for your rich and famous lackeys to name in honour of themselves, when the souls of the Chinese people have been so thoroughly polluted.
We beseech you to ponder long and hard upon this question: why are lawyers taking risks to protest; why are journalists braving such extreme personal danger to call for a proper legal system; why have Long Yingtai and so many people in China and elsewhere – known and unknown – been writing reproving letters to you, and even going on hunger strike as a token of their determination? Don't they all want to see that the Chinese people truly, spiritually "stand up;" that an ancient culture can uphold itself with modernity; that we now start to discard the foul and derogatory language that has been grafted onto "China"?
Even though you have no interest in studying the West, the old "idealists" inside the CCP such as Hu Yaobang, Zhao Ziyang, Hu Jiwei and Li Rui were good enough examples and models for you to follow. They can be so because they were exemplars of honesty to themselves and each other, and they had an exemplary love for their country.
But they are not accommodated by your special interest group; and they put you on the other side of honesty and patriotism. Whether you hold the most power in China or you are just an ordinary person, you too, therefore, need to consider how history will judge you.
And even as you consider yourself, don't forget those "bottom lines"!
The Right Honorable Mr. Tony Blair, Prime Minister of the United Kingdom:
As you can clearly see from the above facts, the human rights situation in China is not improving; indeed, it has been deteriorating. At the beginning of this letter it is mentioned that an incident happened on the evening of 24th January 2006 when a Falun Gong practitioner, who was peacefully protesting outside the Chinese Embassy in London, was kicked by a person who came out of the embassy. The woman who was assaulted, Gao Yudong, attempted to peacefully reason with her attacker until he was detained by a police officer.
We would like to ask how it could be that in a country with established rule of law, a supporter of the CCP can so wantonly break the law? The incident was undoubtedly a result of the CCP's incitement to hatred and violence against Falun Gong, but was it unrelated to western governments' propensity to overlook their own principles? The British government's attitude towards the CCP has already exceeded 'goodwill' and has now reached a stage of 'connivance' because of the government's selfish concern for votes.
A current example: In order to solve the tricky problem of asylum, the UK Home Office has recently tightened its policy and tried to deport Mr. Kun Yang, a Falun Gong practitioner, to China. Doesn't everyone know what would await him if he were deported? Sending him back flies in the face of common sense – it has everything to do with the British government assisting the CCP to heap shame upon itself and upon the conscience of all humanity.
With regard to these two cases, the British government needs to be principled and decisive: first, the actions of the assailant outside the Chinese embassy must be investigated according to law, and a prosecution brought if there is sufficient evidence to support criminal charges. Second, there must be a full assessment and clear understanding of the dangers faced by Yang Kun in light of provisions for political asylum contained in international human rights conventions.
Under the circumstance that the CCP finds ever more ways to pervert human rights standards while lulling the world with promises of riches, we consider those who oppose the CCP's brutality are the ones living the most precarious and dangerous existences in China.
Western governments have their duties to protect these people because you are protecting yourselves.
We must realise the extreme danger of being bewitched by the 'Chinese Economic Miracle'. As western companies troop to China in search of cheap labour and western workers are laid off, people should ask: why is Chinese labour so cheap? It's not just because China's population is so big; more importantly is that in China there are no independent trade unions, no medical insurance, no national minimum wage, nor is there a pension fund. Labour could be cheaper still if a western company moved to North Korea!
Therefore, helping Chinese workers defend their rights today is to help establish a fairer, more competitive global environment, which in turn is to help workers in the west regain their own opportunities for employment.
We should in fact be genuinely grateful to the people who are standing on the front line of opposition to the brutality of the CCP!
Mr. Blair, the West should of course continue to have economic and cultural ties with China, but the premise for these ties are based on the knowledge and understanding of China's reality. What do you wish to achieve by means of these ties? What will change? Or, what is changed in the course of these ties being forged?
If the West is submitting to the lure of the order form and unilaterally abandoning principles of democracy and human rights – to the extent that it is shoring up the CCP's 'stability' to protect huge investments in China – then principles about the value of humanity are being shaken. Surely that is too high and too terrifying a price to pay.
The sages of Western culture would be deeply pained by this; and the ideals and sacrifices of generations of Chinese people are being ridiculed and belittled. Was the whole struggle really for no more than a homogenous, indifferent and sneering world?
This is the bottom-line for you, Mr. Blair. The 'China Question' is not unfolding in some faraway place; it is here beneath the feet of you and your government, and a large part of the reality of Western governance. Hollow appeals for human rights and democracy are nothing compared to standing and facing each challenge with determination and clarity.
The world is patiently watching and waiting to see which choice you both make.
We implore you to think long and hard on this crucial issue.
14 February 2006
Lian Yang is an Award-winning Chinese poet, author of Where the Sea Stands Still and Concentric Circles
Translated by Ben Carrdus
Co-signed by:
* Lady Kina Avebury * Ruth Borthwick * Chu Cai: Writer and Director of Independent Chinese Pen Centre * Kui De Chen: Writer and Director of Independent Chinese Pen Centre * Mai Ping Chen: Writer and Secretary (International) of Independent Chinese Pen Centre * Cllr Brian Coleman AM FRSA: Deputy Chairman of the London Assembly * Antony Dunn: Writer and Poet * Leonardo Felli: Scholar at London School of Economics and Political Science (LSE) * Carola Frege: Scholar at London School of Economics and Political Science (LSE) * Dr William N. Herbert: Poet and Senior Lecturer of Newcastle University * Peter Jauhal: Chairman of European Falun Dafa Association and Falun Gong Association (UK) * Professor John Keane: Centre for the Study of Democracy, University of Westminster and the Wissenschaftszentrum Berlin, Germany * Jennifer Langer: Director of Exiled Writers Association and Chif-editor of Exiled Ink magazine * Dr Guihua Li: Director of Federation of Saying "Good-bye" to Chinese Communist Party (UK) * Jane Liang: European General Manager, Sound of Hope * Tian Qi Liao: Writer and Director of Independent Chinese Pen Centre * Xiao Bo Liu: Writer and Chairman of Independent Chinese Pen Centre * Dr William Liu: Chief Editor of Epoch Times (UK) * Jian Ma: Writer * Tinch Minter: Writer * Jonathan Mirsky: Journalist and writer * Pascale Petit: Poet, co-founder and Poetry Editor of Poetry London, co-founder of The Poetry School. * Xiang Zhong Qiu: Former Chief Editor of Economic Journal (Hong Kong) * Jiang Shao: Student, One of Student Movement Organizers in Tiananmen Square, Beijing in 1989 * Lord Francis Thurlow KCMG: Former Deputy Under-Secretary of State, UK Foreign & Commonwealth Office * Lingsoong Wong: UK Representative, New Tang Dynasty TV * Ze Xia: Director, Friends of Tiananmen Mothers * Dr Yi Xu: Scholar at University College London * Bei Fang Xu: Workers' Rights Activist * Caroline Brossi Yates: Scientist and Director of Future Science and Culture Centre * You You: Writer * Dr Xiang Zou: Researcher of Cambridge University