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by Guoting GuoThomas G. Guo After graduated from Jilin University in 1984, I have been practicing as a maritime lawyer for 20 years. Since January 2003,I started to draft and publish essays on Internet, expressing my personal viewpoints on Chinese Communist Party’s policies, judicial system, political civilization, and rule of law. Ever since June 2003, as the defense lawyer of Mr.Zheng Enchong, I have become a Chinese Human Right lawyer and have been the defense lawyer of political prisoners of conscience, such as Mr.Huang Junqiu, Mr.Yang Tianshui, Mr.Shi Tao, and Mr.Zhang Lin residents who were forcefully evicted from their homes, such as Ms.Ma Yalian and Ms. Wang Shuizheng Falun Gong practitioners, such as Mr.Qi Yanlai, Mr.Chen Guanghui, and Mr.Lei Jiangtao. I was thereafter harassed and revenged by the Chinese government. On February 23rd,2005, Shanghai Judicial Bureau suspended my lawyer license and took my computer away. Even worse, the Chinese police searched my home and my office again on March 6th,2005, then detained me, released me on bail, and put me under house arrest under extreme strict surveillance till May 20th,2005. My family was constantly harassed by telephone tapping. This is the first declared Chinese Human Right lawyer’s real situation in China. The full and detailed story is as follows:
I The First case of suspending license practicing law for so called breach Constitution in China 1.The advocacy of freedom of thought, freedom of speech, and freedom of press In Chapter 12 of“My 20 years’Career As A Lawyer", I wrote that the freedom of thought, the freedom of speech, and the freedom of press are very crucial to any country, and expressed my determination to fright for the freedom of speech in China for the rest of my life. In the articles such as“ May True Words, In the Face of 18 Grade Hell" I said that I only wanted to be a freeman in mind, action and soul. It showed, from Zheng Enchong’s conviction and several other cases during the years, that the authority’s punishment to people for their speech is merely the proof of their infirmity, as well as the symptom of their lack of confidence. After representing for Shi Tao, I once said that freedom means no fear and Chinese people should also enjoy the right of no fear.
2.Openly Against The One Party Dictatorship with Extreme Power Such dictatorship with extreme poser made tremendous disaster to human beings in the world. It is the worst political system in the history, the biggest enemy of Chinese people. I am firmly against one party’s rule, against sole dictatorship. I once pointed out that there have been so many momentous policy mistakes occurred since 1949, due to the serious faults in political system. I believe that the deception is the son of the dictatorship. A government who does not allow truth is one with no future. There will be no genuine justice if the situation of one party dictatorship does not change. During the appeal for Mr. Huang Junqiu who was accused for founding a party through Internet, I clearly pointed out that it is the demand of epoch, desire of the people, and necessity of the history to end this one party dictatorship, to stop ban of party and press.
3.Criticized the possibility of communism and openly expressed “no love for communist party" and “the end of communist party will come soon".
Even 20 years ago, I believed that the communism is simply a delusions, which will never come true. My reasons are that the Cummunist Party carries out dictatorship and obscurant the Communist Party does not only control the main media but also successfully turns the Internet into “national network" the Communist Party spends great deal of money for military budget, while leaves limited funds for education - the Chinese culture has fallen down to ground the corruption within the Party is utterly out of control, so is the corruption within the government, judicial system, and academy the so-called “rectifying mistakes by the Party itself"in order to justify the Party’s impartiality is merely a joke. It is the Party’s job to rectify their own mistakes. There is nothing to be proud of. In my answer to the interview of “Sound of Hope", I again said that the Chinese Communist Party is coming to an end. It is just a matter of time.
4.appeal to for Chinese Human Right lawyers With personal experience of injustice in China by dealing with the above-mentioned political cases and FLG practitioner’s cases, I realize that the most urgent demand in China is human right lawyer. I think it is Chinese lawyers’ mission to do something for justice, to push the reform of political system, and to protect people’s human rights. A great lawyer should focus on the long term development of the country and have the courage to stand up against the problems of the Chinese society. He/She should honestly speak up about the facts of the Party’s policy of forbidding news and situation of injustice. Furthermore, he/she should call on release of the Party’s control on news and courts, in order to eventually bring a genuine judicial system to China.
5.Against Mr.Hu Jintao’s extreme power of the Nation Given the fact that the position of the Chairman of the National Military relates to the future of the whole country, but not a matter within the Party, the petitioners request that the People’s Congress’nominee for the Chairman of National Military shall not be the Communist Party’s general secretary and the President of China. This petition is also against one single person’s extreme power and control of national news and media. I signed my name on this petition.
6Publish the defense statement on Internet and Request for the Party member judges’avoidance of suspicion
Given the fact that Mr. Huang Junqiu organized a party online, and was charged by prosecutor who is under the Party’s control, I requested that it was injustice to compose the tribunals by Communist Party member judges, as their identities as the Party members indicated a conflict of interest, which cannot guarantee a fair trial. The first judgment proved my viewpoint that there is no justice in the hearing. I later appealed to the High Court of NangJing and again requested an appointment of non-Communist Party member judges for a new tribunal to review the case. I truly believe that Mr.Huang Junqiu is not criminal at all, but one of the most prominent and talented young men of our country, who grew up under the free sky abroad and tried to deliver some critic words against the Party or the government. It is so natural for him to do so. Therefore, I appeal to the high court to seek for justice.
7Show my intension and desire to represent for the political consciences In my opinion, most political consciences are the most intelligent people of the country, with dignity in humanity, full of knowledge, free thought, love for the country and the people, courage, and unselfishness. They are the invaluable assets of the country
8.critisize the policy of Tian Anmei Massacre Students only called on freedom of speech, and fought against governmental corruption, as well as asked for democracy. The Communist Party, in return, quashed the movement with tank and gun. I believe that those leaders who delivered the massacre order should make public apology and also be justified.
9.Criticize the policy to overturn the spiritual movement of Falungong Freedom of religion is protected by the Chinese Constitution as one of the fundamental human rights. The Communist Party’s oppression to Falun Gong has no legal ground. Instead, it actually broke the law, which should be stopped immediately.
In summary, my speech and action mainly focused on fighting for freedom of thought, freedom of speech and press fighting against one party’s extreme dictatorship calling on a genuine judicial system accusing the crimes of the Communist Party committed to the Tian Anmei Squire Student Democracy Movement, as well as Fa Lungong’s spiritual movement.
1 lost the right to practice law On February 23, 2005, the Shanghai Justice Bureau illegally took my lawyer license away, and held my computer to date, which completely destroyed my legal practice.
More ridiculously, a so-called public hearing was held on March 4, 2005 In order to avoid public attention, the authority changed the venue of the hearing only 14 hours before it started. They even arrested several of my friends for 5 hours, who are trying to attend the hearing.
2 lost the freedom: detained and bail out under house arrest. On the early morning of March 6, 2005, more than 30 policemen broke into my home and office and seized my dairy and all files regarding political cases, FlG, forced eviction victims, and other matters. They detained me in a police station, accusing me of “Crime of Assembling a Crowd to Disturb Order at Public Places". They later put me under house arrest for two and a half months, till I was on board to Canada by the Canada Airline. During my house arrest, in order to cut off my communication with the outside world, they seized my mobile phone and my home telephone for 20 days and put my whole family under strict surveillance. Wherever my family member went out, they were followed by several policemen.
The real reason for such a treatment is that I openly criticized the policy of 89.6.4 Tiananmen Massacre and FLG spiritual movement. As the defense lawyer of political consciences, FLG practitioners, forced eviction victims, and labor disputers, I also declared openly that I would like to devote myself to the Chinese Human right lawyer career, as I think they need legal support.
3 Forced to self-criticize To be honest, I feel insulted by being forced to write such a guarantee. Since my lawyer license and computer were taken away by the Shanghai Justice Bureau, I was forced to suspend my legal practice. From March 6, 2005 to date, I lost my freedom and was forced to give up my own law firm which cost me more than half a million RMB to set up, I now became a poor “senior lawyer “again. However, I feel no regret looking up to the sky, and no sorrow looking down to the ground. In the face of my beloved motherland, people and myself, I am proudly saying:
My thoughts and ideas both come along with a long history and have their basic solid base. During my university time, I prepared for three post-graduate programs. The last one was international environment law. My thought started to change while preparing for the examinations. I found out some new ideas about law philosophy and political theory. In my opinion, the principle of balancing the nature life environment is exactly the same as that in social life environment. The more active people’s thoughts are in a society, the more capable the society becomes so as to avoid and handle social crisis, which has been proved by the history of human beings. I think it is truth that one party’s extreme power will bring no future to a country. Therefore, I called on no limit of organizing party and no media control. Unfortunately, I suffered a lot due to these beliefs.
From 1984 to Jan 2003, in order to avoid the politics, I focused on the study and practice of international trade law, international maritime law and marine insurance law. I have dealt with thousands of various trial cases I published ten law books and delivered morn than 300 essays re: case study I was commented by Legal 500 as the leading maritime lawyer in China during 2001-2002. I was the visiting professor and researcher of Wu Han University, Shanghai Maritime University, and China Foreign Economic University. I was also the arbitrator of China international Economic and Trade Arbitration Committee and China Maritime Arbitration Committee. After 20 years’ practice, I have become one of the most famous academic maritime lawyer.
In June 2002, I set up Tian--yee Law Firm in Shanghai and learned how to use computer. I soon started to publish my essays on the Internet. Also from Internet, I learned that Miss Liu Di, “Four Yougmen In New Era", Mr.Lou Yongzhong, and Mr.Du Daobing were all arrested and put to prison for publishing political essays online. All were charged with same crime: “Anti-government propaganda and subversion of the government". I hated such a behaviour punishing people for their thought and speech, instead of their action. I also fully appreciated how much damage such behaviour could make. Therefore, I looked up almost every piece of relevant essays, and found that they were excellent young intelligence. Their ideas and personalities showed their genuine humanity. I did not agree with the authority’s policies in these cases at all. In my opinion, all issues should be argued openly because the truth can only come and survive from open argument. Furthermore, freedom of speech is protected by the Constitution. The authority had no right to suppress. Then Lawyer Li Jianqiang and I drafted a petition to withdraw or revise the relevant criminal law Article 105. At the same time, I became Mr. Zheng Enchong’s defense lawyer. I published many essays discussing law, politics, and human rights on the website of Chinese Lawyer.
Unfortunately, the website of Chinese Lawyer forced out my IP and ID three time only because my essays discussed some sensitive topics. I was told that the authority ordered all media that any information on Thomas Guo was not allowed to publish. One newspaper terminated its contract with me as their legal expert columnist. Another newspaper’s chief editor lost his job and its journalist was forced to leave because of publishing an interview of me. Of course, I laughed at such a foolish reaction of the authority, and started to turn to several university websites to publish my essays. Finally, I put my essays online internationally such as Boxun, Dajiyan, China Soul, and New Century. My purpose is to enjoy my right of freedom of speech and to express my opinion to all various topics.
After being the defense lawyer of Mr.Zheng Enchong, I started to pay more and more attention to political articles and the reform of China political system, civilization of judicial, as well as China lawyers’historical mission. I redirected my career as a human right lawyer. I believe that the root of this handicapped political system in China is one party’s extreme dictatorship. Due to such a root, there is no freedom of press people’s intellectual creativity is diminishing tons of money was wasted in endless political propaganda in China. Without a real legislation, there will be no real justice. Without an impartial judicial system, there will be no fair trial. Without an independent supervising media , there will be no control of extreme power, which will inevitably cause extreme corruption. I have personally dealt with and also heard of too many unfair trials and injustice cases. Protection of human right clause is written in the Constitution. Under such a circumstances, I decided to focus on human right cases, instead of maritime business. It is because I believe China needs human right lawyers more desperately than maritime lawyers. The situation of human rights in China is really too poor to stand. I want to do something to change it, as a human right lawyer can offer greater contribution to urge country’s political system reform, to maintain civil rights, to protect human rights, and to push for reform of the judicial system. It is always my interest to study philosophy and science of jurisprudence, which makes me more competent as a human rights lawyer. Since then, I handled a number of relevant cases.
From March 6 to May 20, I was under house arrest by policemen. They repeatedly asked me to recognize that I had made mistakes: you should not have published your political essays on international website, although you can discuss it in a smaller network your statement of defense or case analysis should have been published in professional magazines, instead of public network you should have watched your mouth while being interviewed by western media.
7.I love my motherland, and I am also a liberal. So I decide not to join any political party nor to become an officer, but to seek for a freeman in mind, soul and action. A genuine intellectual’s mission is to tell the truth, and only the truth. He/She must speak out his/her opinion with good faith about social human life, country’s future and any great sensitive matters. So I always sign my real name on the essays I write, without any hiding. I am willing to take full responsibility for my speech and essays. I always pay little interest to money, nor power. But I love truth. I am not afraid of any powerful man. I also love freedom and seek for the freedom of mind soul and action. I love my great motherland, the culture of China and its great people. My greatest goal is to do something for the Chinese nation to recover the free spirit of China civilization. I always cheer myself up with an old words: Men always fight to the end. They never give up.
4 Forced to sign written pledge (drafted by The Authority)
Here is the first version of written pledge, which was drafted by the Authority. It is an unbelievable joke. But, believe it or not, I have to say that it is 100% real.
I, Guoting Guo, born on 10 January, 1958, was the senior partner of the Shanghai Tian-yee Law Firm. During these years, for the sake of personal interest and fame, I published several irresponsible essays on Internet and other public places. I intentionally denigrated Chinese current political system and judicial system. These behaviours have seriously violated the lawyer’s profession morality, and have caused irrecoverable negative impact and social damage. Therefore, on March 4. 2005, My lawyer license was suspend for one year by the Shanghai Justice Bureau. After the suspension, the government gave me great help and care. After thinking it over, I feel very repentant for my speech and essay. I thank the government for its timely help so that I do not go too far in the wrong way. I hereby thank the Government’s help and education. I would like to attend an international meeting in Canada, and also like to find a job in USA or Canada. I will be grateful if the government will accept my request. I promise that:
From now on, I shall not contact the “Independent Chinese Pen Committee" and any other similar organizations and relevant staff I shall refuse any request immediately if they contact me I promise not to join any organizations, not to attend any activities, not to accept any sponsorship
During this research meeting, I shall keep silent and not address any issues. During the period of further education or job application, I shall not contact anyone who is irrelevant to academic research or job application
I shall no longer touch the politically sensitive cases, i.g. Mr.Shi Tao, Zhang Lin, Yang Tianshui, Zheng Enchong, Huang Junqiu and Fa Lungong, forced eviction victims, and labor disputers I shall not contact anyone who is involved in the cases I shall not recommend any other lawyers to handle the cases I shall not offer legal aid I shall not attend any petition or supporting activities under any circumstances. Meanwhile, from now on, I guarantee that I shall not contact Shanghai residents Ms.Jiang Meili and Ms.Li Jianhong(After I go abroad, I shall not contact any Fa Lungong organizers overseas (handwritten here).
I will not organize, involve, or attend any activities, such as “human right lawyers training class".
I shall not publish any political articles and other irresponsible essays on Internet and other unsuitable places, especially those which criticize China political system and legal system
I shall keep low key and not accept any overseas media’s interview. If I have to accept the interview, I shall not make any comments on state affairs. In particular, I shall not deliver any message that attacks and defames Chinese government
I guarantee that I shall not attend or involve in any activities that may jeopardize the state security and damage the state interest
I swear with my good name to keep the above promises. If I breach any of the above clauses, I shall be cast aside by the whole world.
9 May, 2005
5 final version of forced written pledge
Finally under the pressure of the police, I was forced to write down the following promise, in handwriting:
I, Guo Guoting, male, was born in Chang Ding of FuJian Province on 10 January 1958. I was the previous senior partner of Shanghai Tian-yee Law Firm. During these years, I conceitedly published several political essays to criticize political system and judicial system, which objectively caused some negative impact. On 4 March, 2005, I was given one year administrative punishment by the Shanghai Justice Bureau. I now recognize that I had some faults such as being so arrogant that I indeed should not have made public comments in some unsuitable places. Some of these comments did not comply with the reality of China. My analysis and judgments also had some errors, which did not truly reflect the objective situation. Now I recognize I have made some mistakes and would like to go abroad to attend an international meeting and try to find a job in USA or Canada, I promise:
I shall keep away from politics and promise not to join any political organization. I shall not attend any political activities, nor to receive any sponsorship from Chinese state enemy
During the meeting, I shall keep low key and not make any speech. During my future education and job application, I shall not contact anyone who is irrelevant to academic research and job application
I shall no longer act as the defense lawyer of any politically sensitive cases, i.g. Mr.Shi Tao, Zhang Lin, Yang Tianshui, Zheng Enchong, Huang Junqiu and Fa Lungong, forced eviction victims, labor dispute. I shall not attend any petition or supporting activities. I shall not contact any FLG’s organizers overseas
I shall not organize, involve, or attend any activities, such as “human right lawyer training class".
I shall not publish any political articles on Internet, especially those that criticize China political system and legal system
I shall not accept any oversea media’s interview. If I have to, I shall not deliver any message that attacks and defames Chinese government
I shall not attend or involve in any activities that might jeopardize the state security and damage the state interest.
III Comment and conclusion
In a country where human right lawyers can hardly even protect his/her own fundamental human rights, how can one expect a decent good record of human rights? I was a senior lawyer who have been practicing law for more than twenty years in China. Coincidentally, I became a China human right lawyer two years ago. I declared to become a Chinese human right lawyer openly in Feb 2004. All I did were some publish of essays criticizing the Communist Party’s policy of Tiananmen Massacre Falun Gong spiritual movement, political system and legal system, some cynical comments on the Four Basic Principle, and defending for several political consciences and Falun Gong practitioners. In return, the Shanghai Justice Bureau suspended my lawyer license for one years the police put me under house arrest and under strict surveillance for two and a half months! They also cut off my home phone telephone lines and seized my mobile phone. They even carried out 24 hours surveillance and forced me to give up bringing lawsuit against the Justice Bureau. Even worse, they illegally took away my dairy and relevant case files. Finally, they forced me to write this so-called guarantee which of course has no legal and moral binding whatsoever. The purpose of all these is to totally destroy my law career, and, at the same time, to warn and threat other China lawyers from taking human right cases.
The conclusion arisen from all the above facts is sadly disappointing. The Chinese government does not like human right lawyers and is trying their best to destroy the China human right lawyers’ career completely. There is no freedom of speech, no freedom of accepting interviews, and no freedom of discussing political matters. They would not even allow human right lawyers to defend in their human right cases. My personal story tells that your business and career as a lawyer will come to an end if you speak up your mind and heart. This is the message they are trying to deliver through my case. However, I believe this situation will last no longer, as justice will be done to China !
» left by thomasgguo from Vancouver, Canada (2 years 191 days ago.)
Justtice will be done finally, I am quite confidence for that, however, justice will come only after the CCP brokendown, and set up true Rule of law, Democracy, Freedom, Human Ruights and Constitutional Government. Respond to this comment
» left by NO from CHINA (2 years 168 days ago.)
Mr.Thomasgguo.You're a chinese hero,I palm for you! Respond to this comment
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