In the broader scheme of things, American lawyers risk little by taking bold stands on issue of civil rights. Singapore is riskier, but only if you call a judge a prostitute. But as this New York Times article shows, Chinese lawyers have it tough.
BEIJING — Two prominent human rights lawyers have lost their licenses after volunteering to defend Tibetans charged in the violent anti-China protests that erupted in March. The decision comes as Chinese authorities are tightening scrutiny over dissidents in advance of the Olympics in August.
The two lawyers, Teng Biao and Jiang Tianyong, are known for taking on politically contentious cases, including those alleging official abuses of human rights. Reached on Tuesday night, Mr. Teng said he learned last week that judicial authorities had renewed the license of every lawyer in his firm, except his own.
Having done some cross-border work involving lawyers in China, most aren’t held in high esteem by the good people who need them over there. They are viewed as tools of the government, worthless from the perspective of how lawyers are viewed here.
But these two lawyers, Teng and Jiang, have engaged in some risky business by fighting for the rights of Tibetans. China has not been kind to Tibetans, and no doubt will not be kind to Chinese who aid and abet any people they’ve chosen to oppress. How many American lawyers would be willing to take this sort of risk?
Lawyers are increasingly at the cutting edge of efforts to push systemic change in China. Self-styled “rights defenders” regard the law as a tool to expand and protect the rights of individuals in an authoritarian political system. But the ruling Communist Party is often wary of lawyers who try to challenge what it regards as the unassailable pre-eminence of the party in society.
I can think of no analogy to what we do in the United States. While we may challenge the government’s abuse of constitutional rights at every turn, we rarely fear that we won’t be able to walk out of court at the end of the day and return the next day to do it again.
There is one surprising aspect to this situation. While defending Tibetans may raise the Chinese government’s ire, and result in suspension of the license to practice law, at least they didn’t suddenly disappear in the middle of the night. Bear in mind, this is the country where the managers of factories that used lead paint on children’s toys exported to America committed suicide within hours of the news breaking.
The fact that Teng and Jiang weren’t rounded up for re-education may itself tell us that Mao’s Great Leap Forward has been replaced with Wal-Mart’s Lower Prices Everyday, certainly a far less risky proposition than a bit of torture followed by a sale on body parts. Still, one has to admire lawyers in the fading days of a totalitarian regime taking the risk of defending enemies of the State. It takes huge guts to do the right thing in the face of severe consequences, and they deserve our admiration.
H/T to the Turk for his vigilance in Olympic Coverage.
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