Lawyers continue to face systemic persecution for defending human rights in China, the Law Society of England and Wales has warned. The continuing erosion of judicial independence and the independence of the legal profession in China remains a worry, the Society told the UN Universal Periodic Review. 

Lawyers have been subject to harassment, surveillance, politically motivated prosecutions, unfair trials, arbitrary deprivation of liberty, enforced disappearances and torture – largely due to the types of cases and clients they represent.

According to the Society, when lawyers find themselves detained, they are denied access to effective legal assistance, leaving them vulnerable to abuses. Many lawyers are suspended or disbarred with little justification and pressured to demonstrate their political allegiance to the ruling party.

The Chinese authorities’ intimidation tactics have a chilling effect on human rights and the rule of law. It fosters a climate of fear and insecurity for lawyers carrying out crucial work to speak out against the severe abuse of state powers taking place throughout the country.

The Law Society has told the UN that it is critical the Chinese government ensures the safety, independence and human rights of lawyers in order to comply with international human rights standards.

Meanwhile the American Bar Association has condemned China's extra-territorial application of the Beijing-imposed Hong Kong National Security Law. In the latest application of this law, the ABA noted, Hong Kong police accused eight pro-democracy activists living overseas, including lawyers Kevin Yam and Dennis Kwok, of violating the law and offered rewards of 1 million Hong Kong dollars ($127,600) each for information leading to their arrests. 

Targeting people for exercising their rights to peaceful assembly and free speech runs counter to Hong Kong’s obligations as a party to the International Covenant on Civil and Political Rights, the ABA said. 'The extraterritorial application of the NSL in this manner is a dangerous precedent.'

The ABA, the world's largest voluntary organisation of lawyers, called on Hong Kong and the People’s Republic of China to fulfill their obligations under both domestic and international law and withdraw the bounties and arrest warrants.

 

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