CONCERN REGARDING LAWYERS' "DISBARMENT" CONVEYED

C O N F I D E N T I A L SECTION 01 OF 02 BEIJING 002217

SIPDIS

E.O. 12958: DECL: 06/06/2033
TAGS: PHUM PREL PGOV CH
SUBJECT: CONCERN REGARDING LAWYERS' "DISBARMENT" CONVEYED
TO MFA; CHINESE "DISAPPOINTED" U.S. HRD DELEGATION MET
"SENSITIVE PERSONS"

REF: 6/4/08 EAP/CM)EMBASSY E-MAILS

Classified By: Aubrey Carlson, Political Minister Counselor.
Reasons 1.4 (b) and (d).


1. (C) Summary: In a June 6 meeting with MFA International
Organizations Department Deputy Director General Shen
Yongxiang, PolMinCouns conveyed DRL A/S Kramer's reply letter
to MFA International Organizations (IO) Director General Wu
Hailong on the Human Rights Dialogue (HRD) as well as U.S.
concerns about reports that Chinese authorities refused to
renew the lawyer's licenses of two Chinese lawyers because of
their willingness to defend those charged in connection with
the unrest in Tibet (ref e-mail). DDG Shen stated the China
is "positive" about the HRD and wishes to continue and
improve the dialogue. Shen claimed no knowledge of the
lawyers' cases, but suggested the lawyers' willingness to
take on "sensitive cases" would not be the reason for denying
renewal of their licenses. DDG Shen said the USG HRD
delegation's meetings with "sensitive persons" put the MFA
"in a difficult position" with other Chinese agencies, which
view such meetings as an expression of U.S. "ill will."
PolMinCouns countered that such meetings are a normal and
natural activity of the USG to gain a better understanding of
the situation in China. End Summary.

Human Rights Dialogue
--------------


2. (C) PolMinCouns on June 6 conveyed to MFA IO Department
Deputy Director General Shen Yongxiang DRL A/S Kramer's reply
letter to MFA IO Director General Wu Hailong, expressing a
desire to continue the renewed U.S.-China Human Rights
Dialogue (HRD). DDG Shen agreed that the recent HRD
represented "a very good beginning," saying that China is
very "positive" about the dialogue. Shen stated that both
sides should strive to continue and improve the dialogue in
the future.

Lawyers' Cases
--------------


3. (C) PolMinCouns pointed out that in addition to urging
positive action on the "issues for consideration" the United
States provided in advance of the HRD, A/S Kramer's letter
also expressed disappointment over reports that the Beijing
Judicial Bureau refused to renew the annual law licenses of
rights protection lawyers Teng Biao and Jiang Tianyong,
following publication of a letter announcing their
willingness to defend those charged in connection with the
March unrest in Tibet.


4. (C) Noting that during the HRD the United States urged
that lawyers be permitted to represent defendants without
fear of repercussion, PolMinCouns stressed that the
activities of these attorneys support China's efforts to
build rule of law and should be encouraged, not punished.
Citing A/S Kramer's letter, PolMinCouns urged the Chinese
Government to reconsider the cases of Teng and Jiang and any
other lawyers facing the same situation. PolMinCouns also
urged the Chinese Government to ensure that all legal and
administrative proceedings initiated against persons charged
in connection with the unrest in Tibet be conducted
transparently and in accordance with Chinese law and
international human rights norms.


5. (C) Noting that lawyers "must abide by laws and
regulations," DDG Shen suggested that if a lawyer was
deprived of his license to practice, it was due to "other
professional reasons" rather than "human rights issues" or
because of their willingness to represent "sensitive cases."
He added that he has not heard about the Teng and Jiang cases
but promised to look into the matter and to provide
information on the cases when available.


6. (C) DDG Shen added that acc