16 September 2014

Nine Lawyers File Formal Complaint Accusing Police of Unlawful Detention

(Original Chinese text here, roughly translated below.)

To: Beijing Municipality People's Procuratorate

Accusants:
  1. Zhang Lei, Beijing lawyer. (Law firm name and contact details redacted here and below.)
  2. Dong Qianyong, Beijing lawyer.
  3. Wang Yu, Beijing lawyer.
  4. Hu Guiyun, Beijing lawyer.
  5. Chen Jian’gang, Beijing lawyer.
  6. Li Guobei, Beijing lawyer.
  7. Yu Wensheng, Beijing lawyer.
  8. Wang Xing, Beijing lawyer.
  9. Li Jinxing, Shandong lawyer.

Accused (criminal suspects):
  1. Tian Yunsheng, male, chief of Changping Branch of Beijing Public Security Bureau
  2. Liu Gang, male, captain of Changping Branch PSB “Domestic Security” Unit
  3. Zhang Dazhi, male, deputy chief of Huilongguan Police Station
  4. Li Shiwu, male, police officer at Huilongguan Police Station
  5. Li Jinshan, male, police officer at Huilongguan Police Station
  6. Li Zhenxin, male, police officer at Huilongguan Police Station

Subject of Complaint: Pursuit of criminal responsibility in accordance with the law for the crime of unlawful detention committed by the accused

Facts and Legal Rationale:

On the morning of September 5, 2014, the accusants went to the Changping District “Sunshine Halfway House” located in Beixiaoying West Village, Machikou Town, Changping District, Beijing, with the intention of attending a hearing to be conducted by the Changping District Judicial Administration Bureau regarding its proposed one-year suspension of lawyer Cheng Hai’s license. The notice previously issued by the Changping District Judicial Administration Bureau said that the hearing would be conducted in public. After the accusants arrived at the location, they discovered that the gate of the venue was shut and many police and unidentified individuals were blocking the entrance and preventing people from attending.

At approximately 10 a.m., a large group of police suddenly surrounded the accusants and others, forcing them to board one of several buses that had just arrived. Someone dressed in a police uniform announced that the accusants were the subjects of an oral summons, and then the accusants were taken under duress to the Machikou Police Station of the Changping Branch PSB. Later, the accusants and others were forcibly taken to the Huilongguan and Shisanling police stations, where they were detained. During this time, the accusants had their personal items confiscated and were deprived of their personal liberty. Police unlawfully collected the accusants’ personal data, including height, weight, fingerprints, and DNA. (Because he fought desperately to resist, police did not collect this data from accusant Chen Jian’gang and they also did not collect personal data from accusant Wang Xing.) The accusants demanded to leave but were not permitted to do so. Their unlawful detention continued until midnight on September 6. The nine accusants were unlawfully detained for 14 hours.

The accusants have learned that on the same day several dozen law-abiding citizens were also unlawfully detained by police in Changping in the same manner as the accusants.

The accusants maintain that, in the complete absense of any suspicion of illegal or criminal acts, the  abuse of compulsory summons power by the Changping police against several dozen citizens on the pretense of “disruption of work-unit order” is a classic example of abuse of official power and use of what looks like lawful measures (compulsory summons) to cover up an unlawful goal (unlawful detention).

According to the provisions of the Supreme People’s Procuratorate Regulations Regarding Standards for Investigating Criminal Cases of Dereliction of Duty and Violation of Rights: “Unlawful detention refers to the use of detention or other means to unlawfully deprive a person of his or her personal liberty. State employees who use their official powers to carry out unlawful detention shall be subject to criminal investigation when it involves one of the following circumstances: . . . (5) Unlawful detention of three or more persons; (6) Unlawful detention by law-enforcement personnel with knowledge that the person detained has not committed any illegal or criminal act.”

The unlawful detention by Changping police of the accusants potentially constitutes a criminal act. To carry out the unlawful detention of the accusants, the Changping police mobilized more than 100 police officers, several dozen police vehicles, and even a police helicopter. The accusants thus have reason to believe that the persons directly responsible for this large-scale act of unlawful detention are Tian Yunsheng, chief of the Changping Branch PSB, and Liu Gang, captain of the Changping Branch PSB “Domestic Security” Unit. Zhang Dazhi, Li Shiwu, Li Jinshan, and Li Zhenxin are accused of directly carrying out the unlawful detention of eight of the accusants (excluding Wang Xing). The actions of these six accusants violated the provisions of Article 238 of the Criminal Law of the PRC, which prohibits unlawful detention.

We hereby submit these accusations and request criminal investigation in the interest of punishing crime, upholding the dignity of the law, maintaining the serious nature of state power, and preventing public employees from using their positions to commit crimes that ruin China’s national image.

Furthermore, if the accusants discover that there are others who must bear responsibility for this incident of unlawful detention, we shall remain committed to pursuing this accusation to the end, no matter who those people are or what their status might be.

Sincerely, Zhang Lei,
Wang Yu,
Dong Qianyong,
Hu Guiyun,
Chen Jian’gang,
Li Guobei,
Yu Wensheng,
Wang Xing,
Li Jinxing (accusants)

15 September 2014

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