Chinese lawyer jailed for defense of alleged mafia boss
01/08/2010 Source: www.guardian.co.uk
A Chinese court has jailed a lawyer for two and a half years over his defence of an alleged mafia boss, to the concern of others in the legal profession.
Li Zhuang was convicted of falsifying evidence and jeopardising testimony after a suspected gang leader, caught in a massive crackdown in Chongqing, said the lawyer told him to lie that he was tortured by police. Li denied the charges.
Lawyers have complained that they are coming under increasing pressure because of the eagerness of authorities to win convictions. Several signed a letter after Li’s arrest complaining that Chongqing authorities had violated his rights.
The controversy over what has been dubbed “lawyer fake-gate” is the latest twist in the south-western city’s high-profile campaign against gangs, which has gripped media across the country. Lurid accounts of the murders, kidnappings and beatings perpetrated by “black societies”, and details of the extravagant lifestyles of their leaders, have filled the airwaves and pages of newspapers.
Police say they have broken up dozens of gangs and detained more than 1,500 suspects, including their own colleagues. The city’s former deputy police chief Wen Qiang is due to stand trial shortly, accused of sheltering criminals. Many of the high-profile cases have already resulted in lengthy prison sentences or the death penalty for defendants.
The campaign has been welcomed by Chongqing residents, angered by the reign of the gangs, and has raised the profile of its ambitious Communist party boss, Bo Xilai.
But lawyers are concerned that their job of defending the accused has been confused with support for crime.
Zhang Kai, a Beijing lawyer who has been campaigning for Li, said the sentencing set a bad example and could further hinder access to defence lawyers for people charged with serious crimes.
“Some people have said Li Zhuang was helping criminal gangs. But all we are trying to do is help the development of a proper legal system,” he told Reuters.
Lawyers have complained that the law offers little protection to the accused and their representatives, and that a provision on evidence fabrication is vague and open to abuse – pointing out it is rarely used against prosecutors.
Police arrested Li late last year, claiming he had told the alleged mafia boss Gong Gangmo to lie in court by testifying that he was tortured in detention.
Gong told reporters that he turned in his “haughty” lawyer because he feared the tactics would backfire and hoped to gain credit by reporting him.
In an interview with a Chinese newspaper, Gong said he was a genuine supporter of the anti-crime campaign.
But Li’s lawyer, Chen Youxi, said in a statement posted on his website there was “no convincing evidence” against his client, who would appeal the “totally wrong” sentence.
In an interview before his trial, Li told China Youth Daily: “I raised both hands in support of the campaign against organised crime. But the fight against crime must not destroy procedural justice.”
According to the state newspaper China Daily, Li testified during his trial that Gong had shown him wrist wounds and told him that police had strung him up for eight days.
“I firmly believe Gong was tortured though I don’t exclude the possibility that he lied to me,” he said.
Chongqing’s legal authorities deny any wrongdoing and say Gong was not their only witness against Li.
