T0: Beijing Municipal Public Security Bureau, Haidian District Branch

Violating law, damaging legal system building: The enforced disappearance of Lawyer
Tang Jitian

We are a group of Chinese citizens working in a legal firm. We have learned from witnesses, lawyers Lan Zhizue and Dong Qianyong, that our colleague Tang Jitian was forcefully taken away by an officer of your public security branch at 2:00am on the 4th of June 2009. Tang has since been missing. His family is very worried about his personal safety and is anxiously searching for him. We strongly protest against this illegal deprivation of Tang’s personal freedom. We urge you to immediately release lawyer Tang Jitian and demand accountability for the unlawful detention of our colleague.

Background:

At 6:30am on 3rd June 2009 lawyers Tang Jitian and Lan Zhixue just finished their discussion of a case they were working on, in room 316 Yaxin building, 63 Sihuan Beilu, West Haidian District, Beijing. Police from Sijiqing substation took them in for questioning without giving any valid reason. Lawyer Tang was kept in police custody until 8:00pm This is longer than the 12 hour time limit for a summons according to law.

On the way home with lawyer Don Qianyong accompanying, Lawyer Tang Jitian was followed by police of Sijiqing substation and two internal security police of Haidian district branch. When both lawyers got out of a taxi at East Erhuan at a footbridge next to the airport highway they were stopped by four police. Internal security police surnamed Zhang requested lawyer Tang for a ‘talk’. Tang refused the summons due to the lack of legal procedure, failure to produce any legal document and no valid reason being given. Four police then started to use force with him.

At around 2:00am on 4 June 2009, two more police in plain clothes arrived. The other four police escorted lawyer Tang to a car. Tang pushed against the car door, police then lifted his legs up and threw him into the car, then drove the car away. His whereabouts is unknown. Up until the end of 6 June 2009, lawyer Tang has been missing for more than 60 hours.

Since our country resumed law in 1979, the state has put effort into rebuilding and further developing the legal system. We have been happy to see in 1998 and 2004, that the state has written into Constitutional Law the wording of “The People’s Republic of China exercises the rule of law, building a socialist country governed according to law.”. “The State respects and protects human rights”. We see this as great progress toward building a legal system.

The current Constitution of Communist Party of China (below CCPC) adopted on 21 October 2001, stated in its general program: “The Communist Party of China in accordance with the general requirements for democracy and the rule of law, equity and justice, honesty and fraternity, vigor and vitality, stability and order, and harmony between man and nature and the principle of all the people building and sharing a harmonious socialist society.” And in chapter I, article 2 it states “Members of the Communist Party of China are at all times ordinary members of the working people. Communist Party members must not seek any personal gain or privileges, although the relevant laws and policies provide them with personal benefits and job-related functions and powers.” Also under chapter I article 3 point 4, it states, “To conscientiously observe the Party discipline, abide by the laws and regulations of the state in an exemplary way…”

However, from the incident of lawyer Tang Jitian we are sad to note that police of the Haidian District Branch of Beijing Municipal Public Security Bureau not only did not abide by the laws and regulations of the state but malpracticed by violating the law. Sijiqing substation has arbitrarily summoned two lawyers, forcefully taken them in for questioning and illegally detained them for as long as 14 hours. Later, the internal security police again illegally followed lawyer Tang Jitian and illegally deprived him of his freedom, roughly handling him and putting him in a car by force.

As a legal worker, the purpose of our being is to guard the Constitutional Law, to make sure it is implemented correctly and to defend the dignity of people as guaranteed by Constitutional Law. If a citizen can be arbitrarily detained, forcefully disappeared or arbitrarily summoned without following legal procedure, how fearful people’s life is! We wish to see our country, China, to be a state with law and order, with anticipation that state powers are under restraint and are accountable under rule of law.

We, the undersigned lawyers and citizens, strongly object to and protest against the malpractice of the Haidian District Branch, Public Security Bureau!

Initiate: Han Zhigunag, Li Subin
Cosigned by:
Lan Zhixue, Han Yicun, Zhang Chuanli, Zhang Kai, Peng Jian, Dong Qianyong, Lin Xiaojian,
Li Chunfu, Li Renbing Li Fangping, Jin Gunaghong, Li Xiongbing, Xie Yanyi, Jiang Tianyong,
Liu Wei, Li Jinglin, Mou Jiyuan, Duan Jun, Li Shunzhang, Wen Haibo, Rui Tianpeng, Wu
Hongwei, Liu Xiaoyuan, Wang Yajun, Tang Jianhua, Liu Hui, Zhang Zanning,
Huang Zhibin, Chang Boyang, Long Yongsheng, Guo Lianhui, Zhang Yuanxin

Copy to:
Beijing Municipal Public Security Bureau
Standing committee of Haidian District People’s Congress
People’s Procurator of Haidian District

Appendix I — Contact number:
Hang Zhigunag 13439686306, Li Subin 15811200660,
Lan Zhixue13001251152, Han Yicun 13718168222, Zhang Chuanli 18811031466,
Dong Qianyong 13366373454, Zhang Kai 13911900261, Peng Jian 13901322991,
Lin Xiaojian 13911003956, Li Chunfu 13301103197, Li Renbing 13521943581,
Li Fangping13901360413, Jin Guanghong13269936680, Li Xiongbing 13701221801,
Xie Yanyi 13121117524, Jiang Tianyong 13001010856, Liu Wei 15901371049,
Li Jinglin 13693283418, Li Shunzhang 13501374841, Wen Haibo 13811778770,
Duan Jun 15810001950, Rui Tianpeng 13699129535, Wu Hongwei 13381065773,
Mou Jiyuan 13701375623, Liu Xiaoyuan 13121662783, Wang Yajun 15811028798,
Tang Jianhua 13146425016, Liu Hui 13366390049 Zhang Zanning 13337800581?
Huang Zhibin 13391911801 ChangBoyang 13303859218
Long Yongsheng 13905812756 Guo Lianhui 13807078509
Zhang Yuanxin 13609999577

Appendix II: Brief of Tang Jitian:
Tang Jitian, m, 42, lawyer of Beijing Anhui Law Firm, China communist party member. Tang has been a prostate of Yanbian procurator of Jilin province. He is an key advocator for the democratic election of Beijing Municipal Lawyers Association Leaders, and has been taken up many cases defending public interest and represent rights of minorities and seek justice for the venerable.

—
Chang Kun

Devote my life to AIDS prevention and care work

Office Phone: 010-51917982
:13810726838 ()
? http://www.changkun.org

– – –
Date: Sun, 7 Jun 2009 17:55:21 +0800 [04:55:21 AM CDT]
From: Chang Kun
Subject: AIDS RIGHTS Protest— Open letter to Beijing Municipal Public Security Bureau, Haidian District Branch