Hangzhou Public Security Bureau Rejects Lu Gengsong’s Request for LawyerComments Off on Hangzhou Public Security Bureau Rejects Lu Gengsong’s Request for Lawyer
Hangzhou Public Security Bureau Rejects Lu Gengsong’s Request for Lawyer
(Hangzhou, September 21, 2007) – According to CHRD sources, police rejected the request by Lu Gengsong (吕耿松), a detained activist, for a defense lawyer. On August 29, Lu’s family authorized lawyers Mo Xiaoping (莫少平) and Ding Xikui (丁锡奎) from the Beijing Mo Xiaoping Law Firm to provide Lu with legal counsel. However, the request was rejected by the Hangzhou City Public Security Bureau (Xihu sub-division) on September 14. The Bureau cited Article 96 of the Criminal Procedure Law of China, arguing that since the case involves “state secret,” lawyers are barred from contact with the defendant during the investigation period. CHRD believes that this decision seriously violates Lu’s right to legal counsel.
According to Mr. Mo, the lawyer, this law is used with some arbitrariness since the police, as it is often the case, decided that this case involves “state secrets” and there is no clear legal boundary as to when and under what circumstances the police could claim a case involves “state secret.” Mo said the Public Security Bureau has no right to make such a decision, only the State Security Bureau (guojia anquan ju) can make such a decision. He said he will inquire with the Bureau whether the State Security Bureau was involved in this decision. Mo also pointed out that the laws barring legal access to those accused of state secret-related crimes violate international conventions which China has signed as well as the Chinese constitution.
Lu Gengsong is a Hangzhou-based freelance writer and political activist. He was arrested at home on August 24 on suspicion of “inciting subversion against state power” and “illegal possession of state secrets.” Since then, the Public Security Bureau has harassed Lu’s family several times to prevent them from hiring Mo as Lu’s defense lawyer.
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