ASSISTANT SECRETARY KRAMER MEETS CHINESE RIGHTS

C O N F I D E N T I A L SECTION 01 OF 03 BEIJING 002221 SIPDIS DEPT OF JUSTICE FOR OPDAT, CLEHMANN E.O. 12958: DECL: 06/06/2033 TAGS: PHUM PREL KJUS CH SUBJECT: ASSISTANT SECRETARY KRAMER MEETS CHINESE RIGHTS PROTECTION LAWYERS Classified By: Political Minister Counselor Aubrey Carlson. Reasons 1. 4 (b) and (d). SUMMARY -------------- ¶1. (C) In a May 27 meeting with DRL Assistant Secretary Kramer, Beijing-based defense attorneys detailed the extensive problems in China's judicial system and the need for reforms. One lawyer claimed that even the new Lawyer's Law that goes into effect June 1 will be pointless without parallel changes in China's Criminal Procedures Law. Another said that positive change is taking place incrementally through "impact litigation" and through prominent cases that result in public outcry and lead to changes in or abolition of bad laws. The lawyers said that the United States should pressure the Chinese Government to respect human rights, but do so in a way that does not lead to a backlash from the "very patriotic" Chinese people. PRC security officials prevented one lawyer, Zhang Xingshui, from attending the meeting. End Summary. Despite Progress, Many Problems Remain -------------- ¶2. (C) During a May 27 meeting with Beijing rights protection lawyers, DRL A/S Kramer outlined U.S goals for the U.S.-China Human Rights Dialogue and asked for the lawyers' thoughts on the human rights situation in China. Attorney Mo Shaoping said he has been the defense counsel for many individual cases of interest to the United States, including New York Times reporter Zhao Yan, and rights activists Yang Jianli and Guo Feixiong. Mo praised the Dialogue and advocated more U.S.-China exchanges. Mo stated that there have been human rights improvements in many areas in China, but much room for improvement remains. Mo said that the human rights situation has worsened in some respects, including in the area of freedom of speech and in the application of the new criminal charge of "inciting subversion." For example, Mo cited the case of Lu Gengsong in Hangzhou. Lu published 229 Internet articles with hundreds of thousands of characters, but the prosecution focused on 18 articles and less than 400 characters to convict him of "inciting subversion." Freedom of speech is also limited by the Central Propaganda Department, which controls the content of TV shows, publications and the Internet. ¶3. (C) Mo criticized the lack of an independent judiciary in China. In politically sensitive cases, he said, the judge may preside in the courtroom, but decisions are controlled by the Politics and Law Commission of the Central Committee of the Communist Party. Because there is no right to remain silent, torture-induced confessions are very common. Unlike in the United States, where bail is routinely granted, detention before trial is the norm in China, and bail applications are only granted in special circumstances. Chrges of leaking state secrets are hard to defen, partly because the State Secrets Protection Bureau (Guojia Baomi Ju),rather than the courts, determines what constitutes a "secret." China's Reeducation Through Labor (RTL) system is also deeply flawed, because it is administered by the police without due process or judicial oversight. ¶4. (C) Mo noted that there is no democracy in China and that not enough is being done to promote elections. The deputies to the National People's Congress claim to be elected, but in fact all positions are selected by the Party. The military should belong to the people or the country, but it really belongs to the Party. Challenges for Lawyers -------------- ¶5. (C) Lawyers face many obstacles, especially in sensitive cases, Mo said. It is very difficult to meet with clients. Authorities sometimes claim the case involves state secrets; and even when they permit defense lawyers to meet with their clients, policemen monitor the conversation. The new Lawyers' Law may have little effect without parallel revisions to the Criminal Procedure Code. China has a lawyers' association, but it is under the control of the Ministry of Justice. There is also a "false evidence law" (Article 306 of the Criminal Procedure Law) that can be used against lawyers. For example, a lawyer who challenges a confession obtained through torture by presenting a new statement from his client can be charged with violating this law. Mo did not have specific numbers, but he said that "not BEIJING 00002221 002 OF 003 a few" lawyers have been convicted of this crime. Because of these challenges, criminals are represented by counsel in only 30 percent of cases nationwide and in some places in as few as 10 percent of cases, leaving many defendants at the mercy of prosecutors and judges. Overall, the environment for criminal defense lawyers is "terrible." Effecting Change through Impact Litigation -------------- ¶6. (C) Attorney Wu Ge stressed that lawyers in China are patriotic and are trying to change China for the better by working within the system. The "commercial era" of the past 30 years has been the period of the fastest economic development in Chinese history. Government officials are not happy that lawyers are challenging them on issues of human rights and political prisoners. Friends and colleagues also do not understand why rights protection lawyers do not try to make money or become officials. Wu said that there is consensus among lawyers that the serious problems Mo Shaoping outlined exist. Some lawyers believe that not doing anything about the problems makes them worse. ¶7. (C) China's political path is uncertain, Wu said. Hong Kong now has an explicit timeline for democratic development, and Chinese people have paid close attention to the democratic process in Taiwan. It is important to express ideas about the direction of China's political development. Lawyers can have input into positive changes in China through "impact litigation." This started with the case of Sun Zhigang, a college graduate from Wuhan who was picked up as an illegal internal migrant in Guangzhou and beaten to death in Guangzhou police custody in 2003. The police detained him using the custody and repatriation law that applied to illegal internal migrants, even though he had committed no crime. This case generated a huge public backlash and forced the State Council to repeal the custody and repatriation law. Since that time, Wu and other lawyers have used "impact" litigation to press for improvements in some areas. Wu said that he and other lawyers look at these cases as ways to change the system positively. Similar Case in Confession Obtained through Torture -------------- -------------- ¶8. (C) In response to a question from Assistant Legal Advisor Harris about laws to abolish torture, Mo Shaoping said that though torture has been unlawful in China "all along," it is still very common. Even when officials are not physically violent, they use techniques such as sleep deprivation. Video recording of interrogation is increasingly common, but recording is not consistent. Authorities may hold repeated interrogation sessions, but only record the session in which a broken suspect appears to confess voluntarily. Wu Ge related a significant case from 2005 that exposed the problems of torture-induced confession. A man named She Xianglin was accused of killing his wife and was tortured into confessing. After he had served 11 years, his wife reappeared. This exposed the fact that the official had extracted a false confession, and the state had to pay extensive compensation to the man. Mo said there have been cases in which a person was convicted and executed for murder, but later another suspect was caught and admitted to the crime. These cases brought widespread attention to coerced confessions and led to mandatory reviews of all death penalty cases. Ways the United States can Help -------------- ¶9. (C) Wu Ge noted that U.S. pressure on China can be a positive thing, but that it is important to be "clever" so as not to antagonize the "patriotic Chinese people." He admitted that this is a tall order, but said that U.S. approaches should be seen as supporting China's people and development and not as criticizing or demeaning China. He said that it is more effective to push for systemic changes than to rally around a few outspoken dissidents. A/S Kramer quoted Secretary Rice's statement that progress in civil rights and democracy is the result of "impatient patriots." He commended the lawyers for their efforts to improve the protection of human rights and to improve China. ¶10. (C) Asked forsuggestions for issues the United States should raise in interactions with the Chinese Government to promote positive change, Mo Shaoping offered several ideas. On press freedoms, he recommended that Washington press China BEIJING 00002221 003.2 OF 003 to make the press regulations for foreign journalists covering the Olympic Games permanent. China should end the blunt use of "keywords" to restrict access to Internet content, which often blocks information that is not sensitive. China should allow private ownership of the media. At present, the Government can remove any editor who approves publication of material it does not like. Mo said Chinese Christians and Catholics should be allowed to attend churches not affiliated with the Three-Self Patriotic Movement or official Catholic Church. Following Falungong should not be against the law, because the basis for prosecution that law enforcement officials are using is a Supreme People's Court notice, not a formal law passed by the NPC. He urged the United States to press the Chinese Government to ratify the International Covenant on Civil and Political Rights, which would trigger a series of administrative changes in China. Mo concluded that China's Reform Through Labor system should be abolished. Wu Ge added that Washington should urge increased space for freedom of association, especially for NGOs. Civil society is one of the strengths of the U.S. democratic system, and China needs to develop civil society over time through NGOs and other interest groups. One Lawyer Prevented From Attending -------------- ¶11. (C) Mo informed A/S Kramer that another lawyer, Zhang Xingshui, was supposed to have attended the meeting, but Chinese police "stood in the doorway of his office" to prevent this. Mo said that officials discouraged him from coming as well, but he said that he had made a commitment to come and he would keep his word. Mo said Zhang text-messaged him, asking him to convey his apology and best wishes. A/S Kramer expressed regret that Zhang could not attend and disappointment that police would find such a meeting threatening. He expressed hope that none of the attendees would encounter difficulties as a result of attending the meeting and noted that he expressed concern to the MFA about harassment of individuals slated to meet with him. Wu responded that the meeting was very valuable to the lawyers and that the United States plays a very important role in the development of democracy in China. He emphasized that the decision to come to the meeting was "our choice and our problem." ¶12. (SBU) Participants: United States -------------- David J. Kramer, Assistant Secretary of State for Democracy, Rights, and Labor (DRL) Thomas Christensen, Deputy Assistant Secretary of State for East Asian and Pacific Affairs Robert K. Harris, Assistant Legal Advisor, Department of State Richard W. Behrend, PRM Advisor, Department of State Susan O'Sullivan, Senior Advisor, DRL Amy Chang Lee, Resident Legal Advisor, Embassy Beijing Steve Goldrup, Political Officer, Embassy Beijing Michael Hale, Politial Officer, Embassy Beijing (notetaker) Jeanntte M. Windon, Special Assistant, Office of Democracy and Global Affairs, Department of State Steve Goldrup, Political Officer, Embassy Beijing Andrea Goodman, China Desk Officer, Bureau of East Asian and Pacific Affairs, Department of State Vickie Segal, Interpreter PRC -------------- Wu Ge (Strictly Protect) Mo Shaoping (Strictly Protect) Wang Zhenyu (Strictly Protect) Ding Xikui (Strictly Potect) ¶13. (U) The delegation cleared this message. PICCUTA