Teng Biao Case – Criminal Law Used Against Human Rights Lawyers
1. Teng Biao (滕彪)
Who: Rights lawyer, activist, former university lecturer.
What happened: In 2008, he was abducted by plainclothes police, held in secret detention for about 40 hours, and threatened with criminal charges like “subversion of state power.”
Administrative action: His law license was not renewed, effectively disbarring him.
Significance: Demonstrates the combination of secret detention, threats of criminal prosecution, and administrative punishment as a tactic to intimidate lawyers.
2. Wang Quanzhang (王全璋)
Who: Veteran human rights lawyer, defended Falun Gong practitioners, petitioners, dissidents.
What happened: Arrested in 2015 during the 709 Crackdown. Held incommunicado under residential surveillance.
Criminal charges: “Subversion of state power” under Article 105 of the Criminal Law.
Outcome: Secret trial in 2018, sentenced to 4 years 6 months in prison, plus 5 years deprivation of political rights.
Significance: Shows systematic use of criminal law to punish lawyers for representing politically sensitive clients, with long secret detentions.
3. Xu Zhiyong (许志永)
Who: Legal scholar and activist, founder of New Citizens’ Movement, promotes civil rights and anti-corruption.
What happened: Detained in 2020 during a government crackdown on activists. Held in secret for months.
Criminal charges: “Subversion of state power.”
Outcome: Convicted and sentenced to 14 years in prison.
Significance: Extreme sentence highlights how criminal law is used to suppress civic activism and intimidate other lawyers and activists.
4. Li Heping (李和平)
Who: Prominent rights lawyer, defended religious groups, land rights activists, and dissidents.
What happened: Arrested during 709 Crackdown, forcibly disappeared for months.
Criminal charges: “Subversion of state power.”
Outcome: Secret trial, received a 3-year suspended sentence with 4 years probation.
Significance: Shows that even suspended sentences can function as strong deterrents. Secret detention and forced medical treatment were used to pressure him.
5. Pu Zhiqiang (浦志强)
Who: Rights lawyer and public commentator, defended dissidents and promoted freedom of speech.
What happened: Arrested in 2014 for online posts criticizing the government.
Criminal charges: “Picking quarrels and provoking trouble” and “inciting ethnic hatred or discrimination.”
Outcome: Convicted and given a 3-year suspended sentence; his license was revoked.
Significance: Highlights use of minor criminal charges to silence lawyers and control public speech.
6. Wang Yu (王宇)
Who: Well-known women’s rights and human rights lawyer.
What happened: Detained in 2015 during 709 Crackdown. Her law firm was raided, and she was interrogated.
Criminal charges: “Inciting to subvert state power” and “providing state secrets to foreigners” (pretextual, related to her activism).
Outcome: Released after months but heavily monitored; her law practice was disrupted.
Significance: Demonstrates targeting of female lawyers and pressure to stop defending sensitive cases.
7. Zhao Wei (赵威)
Who: Lawyer working with petitioners and labor activists.
What happened: Arrested in 2015 during the 709 Crackdown. Held incommunicado for months, denied access to legal counsel.
Criminal charges: “Subversion of state power” and “picking quarrels and provoking trouble.”
Outcome: Convicted in secret trial; sentenced to several years (exact sentence not publicly disclosed).
Significance: Example of lawyers charged with multiple overlapping “political” and “public order” crimes to justify detention.
8. Li Xiongbing (李雄兵)
Who: Rights lawyer defending Falun Gong practitioners.
What happened: Arrested multiple times in the early 2000s for representing politically sensitive clients.
Criminal charges: “Subversion of state power” and “disturbing social order.”
Outcome: Sentenced to prison several times; repeatedly harassed.
Significance: Shows the pattern of repeated criminal targeting for long-term intimidation.
Summary Pattern Across Cases
Common charges: Subversion of state power, inciting disorder, or picking quarrels.
Pre-trial tactics: Secret detention, residential surveillance, threats, forced confessions.
Trial practices: Closed trials, limited defense access, vague evidence.
Administrative tools: License revocation, professional restrictions, forced monitoring.
Effect: Silencing lawyers, deterring rights defense, and creating fear across civil society.
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