Joint efforts
In recent years, a growing number of legal professionals nationwide have reported violations of their professional rights. The allegations have attracted widespread public and media attention.
The Ministry of Justice has confirmed that many defense lawyers have complained of difficulties when attempting to arrange meetings with clients in criminal detention, especially in cases deemed to pose a serious risk to State security, or those related to terrorist attacks or high-level corruption.
In addition, the ministry said some judicial authorities have limited lawyers' access to case files and prevented them from collecting evidence, while a number of judges have interrupted defense statements during hearings, expelled lawyers from courtrooms or even had them detained illegally. Certain defense lawyers have also been assaulted by court bailiffs or thugs hired by prosecution lawyers.
Wang Junfeng, chairman of the All China Lawyers Association, which is affiliated with the ministry, said the association is tackling the issue via a regulation aimed at better protecting lawyers' legal rights and governing their professional behavior to ensure the healthy development of the profession.
The regulation stipulates that lawyers can report violations of their rights－including the freedom to meet with clients, collect evidence, read files, register appeals or file complaints－to local association branches, judicial departments or a higher-level prosecuting department.
The complaints must be accepted and given a response as quickly as possible, he said, adding that the association and its branches nationwide have set up two centers－one aimed at protecting the rights of defense lawyers, and one to handle complaints about the activities of prosecution lawyers and violations of clients' rights.
By March, the national association and branches across the country had accepted 377 complaints, according to data provided by the association.
Of those, 142 cases have been resolved to the lawyers' satisfaction, while 235 are still being investigated.
Lyu Hongbing, the association's vice-chairman, said most of the cases involved obstruction of access to case files and collection of evidence. Others centered on violations of the right to make statements in defense of clients, to file complaints related to inappropriate treatment of defendants during detention, or protest to higher authorities. Additionally, some lawyers alleged they had been insulted, slandered, threatened and even detained illegally.
