Two Prominent Human Rights Lawyers Prevented From Leaving China

11/12/10

Mo Shaoping, one of the lawyers who was not permitted to board a flight to attend an International Bar Association conference in London, was quoted as saying: ''This kind of restriction of the freedom of person has absolutely no legal basis.” When asked why, the police could produce no written notice, the lawyers were told only that the two might ''threaten national security'' if allowed to travel abroad.


In recent weeks, since jailed pro-democracy activist Liu Xiaobo was awarded the Nobel Peace Prize, a handful of lawyers and dissidents, along with Liu's wife, Liu Xia, have been subjected to a form of house arrest, prohibited from leaving their apartments or meeting with journalists. According to the article, some, like the two lawyers, have been prevented from traveling, as the government fears Liu Xiaobo's supporters might try to attend the Dec. 10 Nobel ceremony in Oslo.

According to China's constitution, people can be arrested only on orders of a public prosecutor or court, and arrests must be made public. ''Unlawful detention or deprivation or restriction of citizens' freedom by other means is prohibited,'' the constitution states.

However, while officials publicly uphold the rule of law, the police and security forces continue to act under their own rules, in a manner that might be considered reminiscent of Gestapo. The security apparatus detains people it considers ''troublemakers,'' restricting them to their homes, or, in the worst cases, causing them to disappear for weeks or months into ''black jails,'' as secret detention centers are known.

Under Chinese law, people suspected of a crime can be held for a maximum of 37 days, during which time the public prosecutor must issue a warrant. But the reality is frequently quite different.

One lawyer, Gao Zhisheng, has been missing since April. He had just been released from police custody, and it is believed he was picked up again by police. Another lawyer, Pu Zhiqiang, said he was detained in a hotel room for three days, just after the Nobel Prize was announced on Oct. 8. Ding Zilin, whose son died in the 1989 crackdown at Tiananmen Square and who has become an activist for relatives of Tiananmen victims, has disappeared along with her husband and is thought to be in a black jail.

Foreign Ministry spokesman Hong Lei said in an e-mail, when asked about the house arrests and the stipulations in the constitution guaranteeing personal freedom: ''I do not know the individuals you mention. The Chinese Constitution and laws protect the legitimate rights of Chinese citizens. Meanwhile, Chinese citizens should abide by the constitution and laws.''