36-year-old lawyer had represented torture victims and challenged legality
of Falun Gong persecution in open letters to Chinese leaders
NEW YORK – A human rights lawyer from northeast China was sentenced on November
27 to seven years in prison for taking Falun Gong practitioners as clients and
presenting legal arguments that the Chinese Communist Party’s campaign against
the spiritual practice is illegal under Chinese law.
Wang Yonghang, a 36-year-old lawyer from Dalian in Liaoning province, had previously
worked at Liaoning Qianjun law firm. Since 2007, he has taken on the cases of
Falun Gong practitioners who have been detained by the authorities for practicing
their faith. He has also published several open letters challenging the legality
of the decade-long persecution against the group.
Specifically, Wang argued that Article 300 — the provision most often used
to imprison Falun Gong practitioners — does not meet minimum international
legal standards of clarity and specificity. Moreover, it is essentially nonsensical
because simply practicing a religion or belonging to a religious group can not
obstruct justice or “undermine the implementation of the law,” as
Article 300 states.
Similar to China’s state secrets laws, Article 300 is so vaguely worded that
it essentially leaves room for the authorities to arbitrarily imprison any Chinese
person, while keeping a “rule of law” veneer.
Ironically, Wang was charged under Article 300 whose legality he had questioned
in his writings. A letter to Communist Party-head Hu Jintao and Premier Wen
Jiabao was reportedly used as “evidence” for the charges against him.
Wang does not practice Falun Gong himself.
“Let’s be clear on what has happened here,” says Falun Dafa
Information Center spokesperson Erping Zhang. “A noble and courageous lawyer
has been imprisoned for doing nothing more than making legal arguments through
legal channels…but the topic is Falun Gong. This is the latest in a long,
disturbing line of evidence demonstrating there is no rule of law when it comes
to Falun Gong in China.”
“There are over two dozen lawyers who currently represent Falun Gong practitioners
in China,” added Zhang. “Many of these lawyers, like Wang, have not
only affirmed in court the innocence of their individual clients but also challenged
the legal underpinnings of the whole campaign, essentially proving that the
persecution against Falun Gong is illegal under China’s own laws.”
“Wang’s imprisonment raises the question of whether his treatment
is a precursor of what other rights lawyers will face in the coming months,
particularly those who have already been disbarred or detained. For the sake
of those attorneys, their clients, and fundamental principles of justice, it
is imperative that the international community not pass over Wang’s sentencing
Timeline of Wang’s Human Rights Work and Imprisonment
Wang began accepting as clients Falun Gong practitioners, who had been unlawfully
Wang wrote an open letter to Hu Jintao and Wen Jiabao in which he questioned
the legality of the Party’s persecution of Falun Gong practitioners under
Article 300 of China’s Criminal Law, which the Party has used to send practitioners
to prison camps for up to 18 years. Full text of Wang’s letter to Hu and
Wen (in Chinese)
Wang published a more detailed online article analyzing the illegality of Article
300. He also submitted that article to the Procuratorate and Supreme People’s
court, urging them to correct their mistake such that Article 300 would no longer
be used to unlawfully persecute innocent citizens who practice Falun Gong. Full
text of Wang’s second letter (in Chinese)
In response, the authorities revoked his license to practice law. Wang, nonetheless,
continued to provide legal advice to Falun Gong practitioners and represented
them in court.
On June 16, he represented a Falun Gong detainee at court. Police then followed
him and told him to drop his involvement in the case.
On July 4, approximately twenty plainclothes policemen barged into Wang’s home,
searched it, and took both him and his wife into custody. His wife was released
the next day. When she went to the police station on July 6, police presented
a criminal detention warrant stating that Wang had been detained in accordance
with Article 300 of the Criminal Code. Amnesty International issued an urgent
action on Wang’s behalf in July 2009 shortly after he was arrested. Chinese
Human Rights Defenders (CHRD) likewise issued an alert on Wang’s arrest.
Wang’s family hired two lawyers to represent him, but officials prevented
them from meeting him, contrary to Chinese law. While being held in incommunicado
detention, Wang was severely beaten, causing fractures in his right ankle. He
was not given proper medical treatment and his ankle was only operated on one
month later, in August, after it had become infected. Police did not notify
his family about the operation or seek their authorization. See CHRD alert on
Wang’s torture in custody.
According to eyewitness accounts, on the morning of November 27, 2009, Wang
was put on trial at Dalian Shahekou district court and immediately sentenced
to seven years in prison. Approximately 40 police and security officers were
stationed around the courthouse.
Posting date: 10/Dec/2009
Original article date: 1/Dec/2008
Category: World News