Beijing Officials Order Gao Zhisheng to Shut Down His Law Firm

November 29, 2005

The Beijing Justice Bureau ordered prominent rights advocate Gao Zhisheng to shut down his law firm and stop practicing law for one year beginning on November 4, according to reports from the China Aid Association, Washington Post (registration required), BBC, and Radio Free Asia (RFA).

The Beijing Justice Bureau ordered prominent rights advocate Gao Zhisheng to shut down his law firm and stop practicing law for one year beginning on November 4, according to reports from the China Aid Association, Washington Post (registration required), BBC, and Radio Free Asia (RFA). Gao told the Washington Post that government officials had rejected the Beijing Shengzhi Law Firm's attempt to register a new address when it moved to a new office in early 2005. The Beijing Justice Bureau now bases its action on the firm's failure to register its new location. Gao has said that he plans to challenge the suspension through a formal hearing. In the November 6 RFA report, Beijing lawyer Pu Zhiqiang noted that Bureau authorities may either permit Gao to continue his practice or suspend his license once they lift the one-year restriction.

The Washington Post and BBC attribute the latest move against Gao to retaliation for his refusal to withdraw an open letter sent to President Hu Jintao and Premier Wen Jiabao on October 18. According to the BBC, Gao's open letter called attention to the "barbaric persecution" of Falun Gong members. Pu Zhiqiang speculated that this may have been just one of several reasons for increased government harassment of Gao. Gao has represented numerous activists and taken on sensitive cases of particular interest to news media and human rights groups in 2005. Since mid-October, public security officials have conducted several searches of his law firm offices, confiscated files, and investigated his finances, according to a November 3 report from RFA. Authorities focused their investigation on Gao's involvement in the recall campaign against a local village committee chief in Taishi, Guangdong province. Gao was preparing a request for bail on behalf of Guo Feixiong, an affiliate of Gao's law firm and peasants' rights activist involved in that case. The China Aid Association observed that Gao received news of the suspension just hours after filing a request for bail on behalf of Xiao Yunfei, the detained wife of house church leader Pastor Cai Zhuohua. In an article by the South China Morning Post (SCMP)(subscription required), Gao spoke out against the prison sentences given to Pastor Cai, Xiao, and Xiao's brother on November 8. In defiance of the suspension order, he also appeared in court on November 7 on behalf of dissident author Zheng Yichun, according to the Epoch Times. Gao also previously represented activists Xu Wanping and Guo Guoting.

The November 4 action against Gao continues a trend of government harassment and prosecution of legal professionals.

  • In February, the Shanghai Justice Bureau issued a notice suspending the law license of defense lawyer Guo Guoting. As a result of this suspension, Guo was unable to appear in court on behalf of imprisoned journalist Shi Tao. Guo reportedly called his suspension "unjustified official punishment" and alleged that the government was trying to silence him for defending other activists.
  • In May, Shaanxi authorities detained Zhu Jiuhu, the lawyer representing thousands of private oil investors in an administrative lawsuit against the Shaanxi province, Yulin city, and Jingbian county governments. Gao served as Zhu's criminal defense lawyer until authorities forced Zhu to end their relationship, according to a September 25 article by the SCMP. Gao then took over representation of the investors in their administrative suit against local government. On October 27, the Voice of America quoted Gao as insisting that his firm would "use our best efforts to proceed in a lawsuit against the three levels of government - Shaanxi province, Yulin city, and Jingbian county." On November 5, following his suspension, he told BBC: "If, during this one year, I do not respect [the Beijing Justice Bureau's] orders, it is very likely that my personal liberty will be at stake." Authorities have now prevented the Shaanxi oil fields case from proceeding in court by placing restraints on both Zhu and Gao, and formally indicting the case's main plaintiffs.

Additional information on "Access to Counsel and Right to Present a Defense" is available in the 2005 CECC Annual Report, Section III(b).