CHONGQING LEGAL SCHOLARS, LAWYER ON GANG CRACKDOWN AND

UNCLAS SECTION 01 OF 03 CHENGDU 000026 SENSITIVE SIPDIS DEPT FOR EAP/CM E.O. 12958: N/A TAGS: PGOV PHUM ECON SOCI KJUS CH SUBJECT: CHONGQING LEGAL SCHOLARS, LAWYER ON GANG CRACKDOWN AND TRIALS REF: 09 CHENGDU 210 CHENGDU 00000026 001.2 OF 003 ¶1. (U) This cable contains sensitive but unclassified information. Not for Internet distribution. ¶2. (SBU) Summary: The organized crime problem in Chongqing is an inevitable outcome of unprecedented economic development, several legal contacts recently told us. However, Chongqing's traditional "wharf culture" also makes it a unique breeding ground for organized crime. The crackdown has not been surprising given the reach of the corruption involved and its wide impact on people's livelihoods -- especially given the stranglehold gangs had gained on food and transportation in the city. Criminal gangs had simply begun to yield too much power, and public support to fight them was broad-based. ¶3. (SBU) While many commentators in the Hong Kong and foreign press have noted the political benefits and national attention that a crackdown has brought to Chongqing Party Secretary Bo Xilai, most of our Chongqing interlocutors -- perhaps hesitant to comment on the jockeying among senior Chinese leaders in the run-up to the 18th National Party Congress in 2012 -- stressed instead that it should be seen in the context of the national anti-organized crime campaign launched by the Ministry of Public Security in 2008. Indirectly crediting Bo Xilai, however, they described anti-crime crackdowns in other cities as "fake," versus the "real" crackdown - including on high government officials - in Chongqing. Legal contacts generally described the crackdown and trials as "in line with the law," and good for China's legal system. Regarding the case of Li Zhuang, the Beijing-based defense lawyer recently sentenced to two years' imprisonment for allegedly fabricating evidence, all seemed loath to come to his defense, asserting that the "government wouldn't have arrested him if he hadn't done anything illegal." End Summary. ¶4. (SBU) During January travel to Chongqing, Consul General discussed the ongoing Chongqing gang trials with a group of legal scholars, and separately with well-known labor rights lawyer Zhou Litai (reftel),who has taken on several of the gang-related cases. The legal scholars, all alumni of USG exchange programs, included: Fang Ling, Director of the Law Institute, Chongqing Academy of Social Sciences; Chen Wei, Professor of Civil Law, Southwest University of Political Science and Law; Chen Boli, Deputy Dean and Professor of Constitutional Law, Chongqing University Law School; Xiao Hong, Professor of Criminal Law, Chongqing University Law School; and Wu Xueyan, Professor of International Economic Law from Chongqing University Law School. Gangs in Chongqing: Natural Outgrowth of Rapid Social Change? -------------- -------------- ¶5. (SBU) At CG-hosted dinner for the Chongqing legal scholars, Fang Ling of Chongqing's Academy of Social Sciences asserted that gangs are an inevitable outcome of economic development, noting the unprecedented speed of the city's development in recent years. The growth has created a range of new social problems, and gangs are one aspect, he said. Lawyer Zhou Litai, in a separate discussion, also described criminal gangs as an "inevitable and normal" result of rapid development and social change. Nevertheless, both also highlighted Chongqing's unique "wharf culture" as providing a particularly advantageous environment for the growth of organized crime. Chongqing people are more interested in "group adventures" and highly value honor and loyalty among friends "like workers at the ports in ancient times," they said. Xiao Hong of Chongqing University's Law School, reported that he has studied the phenomenon of gangs throughout Sichuan province, and found that Chengdu and other cities also face their own gang issues, "but I have to admit that it's not very serious," he said, in comparison to Chongqing. Citizens Feel Depth of Gang Problem Justified Crackdown -------------- -------------- CHENGDU 00000026 002.2 OF 003 ¶6. (SBU) Both the group of legal scholars and lawyer Zhou Litai characterized the ongoing crackdown as normal and justified given the severity of the Chongqing gang problem. "When gangs threaten society and undermine the power of government, they must be controlled and punished in accordance with the law," said Xiao. Moreover, they emphasized that Chongqing's crackdown occurred in the context of the nationwide crackdown on organized crime launched by the Ministry of Public Security in 2008 (the "quanguo guangzhu" initiative). Xiao noted in particular ongoing campaigns in Guangdong and Zhejiang, but described government actions in those provinces as not as serious as in Chongqing. Other provinces arrest and punish the gangs, he said, but they do nothing to the officials who are behind the gangs. Therefore, he continued, what they are doing can be described as a "fake hit" (jia da),whereas Chongqing's campaign is a "real hit" (zhen da). Chongqing's corruption problems are actually not as bad as either Zhejiang's or Guangdong's, asserted another scholar. Zhejiang, for example, has arrested thousands for gang and corruption activities, or affiliation with organized crime ("hei shehui.") ¶7. (SBU) Discussing the likely impetus for the seriousness of the crackdown in Chongqing, Zhou Litai emphasized that the gangs had begun to yield too much power, monopolizing both public transportation networks and the food industry. "The gangs were very powerful," he said, citing in particular the example of Wen Qiang (the former Director General of the city's Justice Bureau, arrested and charged last year with abusing his official power to protect Chongqing's organized criminal networks). Qiang, Zhou said, particularly angered Chongqing Party Secretary Bo Xilai by interrupting him during a public meeting and declaring, "Bo Xilai, you don't understand the situation in Chongqing and let me talk!" ¶8. (SBU) Both the legal scholars and lawyer Zhou Litai said the crackdown enjoys broad public support as people know how corruption affects their lives (e.g. by increasing the cost of basic needs),they said. Chen Boli of Chongqing University's Law School expressed his view that the crackdown was highly desired by the public, and as a result has gone quite smoothly. "We were worried," he said, that the crackdown might impede Chongqing's economic development, but were surprised to find the economy doing even better now that businesses can be more confident about their future. While disagreeing that Bo Xilai launched the crackdown to promote his own political ambitions, Chen said that the people of Chongqing would now be very happy to see Bo Xilai promoted to a higher position "for his contribution to stability and the development of Chongqing." Differences of Views on Whether Procedural Problems With Handling of Criminal Cases; Case of Arrested Defense Lawyer -------------- -------------- ¶9. (SBU) When asked for their assessment of the legal handling of the gang-related cases, and whether there have been particular problems associated with the crackdown, the group of legal scholars expressed a general sense that the process has so far been "in line with the law." Further, they described the developments as good for China's legal system because they demonstrated that no one was above the law. Several of the scholars cited examples such as the open trials and sentencing, as well as the media coverage of these proceedings. ¶10. (SBU) During CG's separate meeting with lawyer Zhou Litai, however, Zhou expressed some reservations. "I feel there are some legal problems, for example, the lawyers' rights to meet the clients, review the cases and defend the clients have not been guaranteed." Zhou noted that the campaign approach would bring temporary benefits, but would not last long if the process was not carried out in accordance with the law and in such a way as to develop the overall system. Therefore, Zhou said, Bo Xilai has requested that officials "crack down on gangs in accordance with the law" (yifa dahei) in order to "stand the tests of history" (jingdeqi lishide jianyan). CHENGDU 00000026 003.2 OF 003 ¶11. (SBU) When asked about the specific case of Li Zhuang, the Beijing-based defense lawyer recently sentenced to two years' imprisonment for allegedly fabricating evidence, both the legal scholars and Zhou were loath to come to his defense. Xiao Hong noted, "Li is a very famous lawyer in China and the government wouldn't arrest him if he hadn't done anything illegal." He said that "many legal experts" have looked at his case and all believe him to be guilty." In a similar vein, Zhou Litai asserted that "we should trust the government as it has a lot of evidence to prove that Li is guilty." He further asserted that the arrest was an "unprecedented development" among Chinese lawyers. Li Zhuang received 1.5 million RMB (USD 220,588) to handle the cases of gangs and started making fake documents when it got difficult to defend his clients, Zhou claimed. ¶12. (SBU) Zhou also highlighted Li Zhuang's lack of connections in Chongqing, saying that he did not understand the "real situation" in the city. Zhou dismissed the speed of the arrest, indictment and trial process as "not an issue" within China's legal system, since it was handled within the required time period. (Li's trial and conviction concluded about three weeks after his initial arrest.) He acknowledged only the possibility of some minor problems in the handling of the case. ¶13. (SBU) Note and Comment: Li Zhuang was tried under Article 306 of the Criminal Code, which allows the criminal prosecution of lawyers for providing "false testimony." Zhou Litai's claim that this is an "unprecedented" case is arguably either disingenuous or misinformed, as many lawyers have in fact been detained under this article. (See, for example, a 2006 report by Human Rights in China that notes that -- of 500 lawyers arrested between 1997 and 2002 -- 100 were accused of Article 306 violations: http://tinyurl.com/HRIC-lawyers .) Professional jealousy and some measure of resentment by Chongqing residents toward an outside Beijing lawyer may well be a factor in the responses we heard on this issue. End Note and Comment. Chongqing Government Rejects Consulates' Requests for Meetings on Crime Crackdown -------------- -------------- ¶14. (SBU) Consulate General Chengdu has submitted three diplomatic notes to the Chongqing Foreign Affairs Office (FAO) since September requesting meetings with the municipal Public Security Bureau and Justice Bureau on the topic of the city's crackdown on criminal gangs. All have been refused. Contacts at the British Consulate in Chongqing have told us their similar requests have also been denied. BROWN