April 28, 2006

Day 62: Police give lawyers the runaround

Filed under: Nina's blog — Rebecca MacKinnon @ 9:22 pm

On April 24th, Hao’s sister Nina wrote on her blog a post titled “The Lawyers Received The Response From The National Security Team:”

On the afternoon of April 21, pursuant to a telephone notice from the Beijing Public Security Bureau (National Security Team), my appointed lawyer went to the reception office of the municipal bureau. Three police officers met with the lawyer, and only identified themselves as municipal bureau workers who are representing the municipality to explain and respond to the lawyer even as they took notes for this meeting. One of them held up the letter from the appointed lawyer to the National Security Team and said: the three questions raised by the appointed lawyer (namely, detention beyond the legal time limit; failure to notify the family and the appointed lawyer about the nature of the case; failure to arrange for the principal to meet with a laywer within 48 hours) were actually misunderstandings, because:

First, the enforced procedure to limit the personal freedom of Hao Wu has changed from detention to supervised residence;

Second, this case involves the leaking of secrets and therefore it was not necessary to inform the family about the reason of the case, the suspected crime and the relevant government units involved in the case;

Third, whether the lawyer can be permitted to intervene requires the principal and his family to apply to the relevant government units for permission. To this date, Hao Wu himself and his family have not applied to
the public security bureau to procure a lawyer.

With respect to these statements, the lawyer expressed the following opinions at the time: the reason for the “misunderstandings” were not due to the family or the lawyer. Besides, the family has already applied to
procure a lawyer.

1. On February 22, Hao Wu was taken away. Afterwards, the family was not formally and precisely notified about when he was detained or when that was turned into supervised residence;

2. On March 20, the family of Hao Wu was simply notified at the municipal office that he had been “detained.” They were not informed about whether the case incolved “leaking secrets” and they were not told about the
relevant government unit or the place of detention. Therefore, it was normal for the family to procure a lawyer and for the law office to accept the appointment. Under these circumstances, the lawer will treat this according to normal procedures. Furthermore, the family of Hao Wu informed the receiving personnel at the municipal reception office on March 29 that they have procured a lawyer, and the personnel did not inform them at the
time that the case involved the “leaking of secrets”;

3. The lawyer’s office sent a letter on March 21 to ask the municipal bureau for a response from the relevant government unit as well as to meet with the principal. The Chaoyang District bureau replied on April 7 that there was no such case and they had not detained Hao Wu. The family found out from the Jianwai station that the National Security Team was in charge of the case. On April 12, the lawyer’s office wrote to the National Security Team. This delayed the procedure, but it should not be attributed to misunderstanding by the family and the lawyer or because they had acted incorrectly with respect to the procedure. The lawyer acted in accordance with the legal procedure, so the public security unit should solemnly follow the criminal procedure while respecting and protecting the basic rights of the principal. At the same time, the relevant government unit should have a clear channel for informing the principal’s family about how to exercise their rights, to guarantee that the principal’s family can turn in the application and to understand the nature of the case so as to avoid
“misunderstandings.”

Given the requirement for the family to file a written application, the lawyer asked the municipal bureau to provide a concrete method by which the principal’s family can submit a request for a lawyer and for the lawyer to arrange for an interview. The other party said that they will report the situation to their superiors and respond as quickly as possible. A police officer named Zhang left down a telephone number for contact.

The family asked the lawyers for advice, and their opinions were:

1. The case of Hao Wu probably involves issues connected to other people and therefore cannot be resolved immediately. The evidence that the police has on hand is insufficient to persuade the procuratorate to approve an arrest. The maximum time of criminal detention is only 30 days, so he has been switched to supervised residence. As for the “leaking of secrets,” this is just a way of concealment.

2. According to the “Law of Criminal Prosecution,” even after the family submits an application to procure a lawyer to the public security bureau, it is still possible to have a response of “not approved.” Nevertheless, we
still have to go through this.

3. Based upon what we can do, the lawyers will fulfill their responsibility as lawyers and their position and principle of defending the legal rights of the principal will not change.

4. The procuratorate does not have the power to monitor whether the process by which the public security bureau handled this case is illegal.

We can only go through social opinon and other means to monitor.

If you have seen my previous blog posts, you will know that we have made all sorts of efforts and that the various reasons and excuses from the National Security Team are wan and feeble.

The relevant requirements in the “Law of Criminal Prosecution”:

Article 51: The People’s Court, the People’s Procuratorate and the Public Security Bureau may under the following circumstances place the suspected criminal or accused under bail or supervised residence:

(1) possibly sentenced to restraint, detention or otherwise given additional sentence:
(2) possibly sentenced to a term of imprisonment or more, but such that bail or supervised residence will not pose a threat to society.

The bail or supervised residence will be implemented by the public security organization.

Article 57: The suspected criminal or accused under supervised residence should follow the following regulations:

(1) Must not leave the place of residence without the approval of the supervising organization; those without a place of residence must not leave the designated place of residence without approval;
(2) Must not meet anyone without the approval of the supervising organization;
(3) Must appear when summoned for interrogation or trial;
(4) Must not interfere with any testimony by witnesses in any form;
(5) Must not destroy any evidence, or create false evidence, or collude to create false tesimony;

If the suspected criminal or accused under supervised residence should violate the aforementioned regulations in a serious manner, he/she will be arrested.

Article 58: The People’s Court, the People’s Procuratorate and the Public Security Bureau must not hold the suspected criminal or accused on bail for more than 12 months or in supervised residence for more than 6 months.

During the period of bail or supervised residence, the investigation, prosecution and trial of the case must not be interrupted. If there should be any inappropriate criminal liability or if the maximum limit of bail or superivised residence is exceeded, the order for bail or supervised residence should be rescinded in time. When the bail or supervised residence is removed, the organization in charge of the bail or supervised residence should be notified in a timely manner.

Article 64: When the public security bureau detains a person, an order for detention should be shown.

After the person is detained, with the exception that it may interfere with the investigation or it was impossible to complete the notificiations, the reason for the detention and the place of detention should be communicated
to the family of the detainee or his/her unit within 24 hours.

Article 74: The case for which suspected criminal or accused is detained cannot be closed during the period of investigative detention, prosecution, first trial and appeal trial. Instead, it must be continuously investigated
and evaluated, and the suspected criminal or accused may be given bail or supervised residence.

Article 96: From the day of the first interrogation or the day after forced restriction is imposed, the suspected criminal can procure a lawyer to provide legal advice and file appeals and complaints. After the suspected
criminal is arrested, the appointed lawyer can apply for bail on his behalf. In cases involving national secrets, when the suspected crimincal wants to hire a lawyer, it should be approved by the invesigating agency. The appointed lawyer has the right to learn about the suspected crimes of the suspected criminal from the investigating organizations and may meet with the detained suspected criminal and attmept to understand the case from the suspected criminal. When the lawyer meets with the detained suspected criminal, the investigating organization may be represented at the scene depending on the nature and requirements of the case. In a case which involves national secrets, when the lawyer meets with the detained suspected
criminal, it should be approved by the investigating organization.

1 Comment »

  1. The HUMAN PARADIGM

    Consider:
    The missing element in every human ’solution’ is
    an accurate definition of the creature.

    The way we define ‘human’ determines our view
    of self, others, relationships, institutions, life, and
    future. Important? Only the Creator who made us
    in His own image is qualified to define us accurately.
    Choose wisely…there are results.

    In an effort to diminish the multiple and persistent
    dangers and abuses which have characterized the
    affairs of man in his every Age, and to assist in the
    requisite search for human identity, it is essential to
    perceive and specify that distinction which naturally
    and most uniquely defines the human being. Because
    definitions rule in the minds, behaviors, and institutions
    of men, we can be confident that delineating and com-
    municating that quality will assist the process of resolu-
    tion and the courageous ascension to which man is
    called. As Americans of the 21st Century, we are oblig-
    ed and privileged to join our forebears and participate
    in this continuing paradigm proclamation.

    “WHAT IS MAN…?” God asks - and answers:
    HUMAN DEFINED: EARTH’S CHOICEMAKER
    by JAMES FLETCHER BAXTER (c) 2006

    Many problems in human experience are the result of
    false and inaccurate definitions of humankind premised
    in man-made religions and humanistic philosophies.

    Human knowledge is a fraction of the whole universe.
    The balance is a vast void of human ignorance. Human
    reason cannot fully function in such a void; thus, the
    intellect can rise no higher than the criteria by which it
    perceives and measures values.

    Humanism makes man his own standard of measure.
    However, as with all measuring systems, a standard
    must be greater than the value measured. Based on
    preponderant ignorance and an egocentric carnal
    nature, humanism demotes reason to the simpleton
    task of excuse-making in behalf of the rule of appe-
    tites, desires, feelings, emotions, and glands.

    Because man, hobbled in an ego-centric predicament,
    cannot invent criteria greater than himself, the humanist
    lacks a predictive capability. Without instinct or trans-
    cendent criteria, humanism cannot evaluate options with
    foresight and vision for progression and survival. Lack-
    ing foresight, man is blind to potential consequence and
    is unwittingly committed to mediocrity, collectivism,
    averages, and regression - and worse. Humanism is an
    unworthy worship.

    The void of human ignorance can easily be filled with
    a functional faith while not-so-patiently awaiting the
    foot-dragging growth of human knowledge and behav-
    ior. Faith, initiated by the Creator and revealed and
    validated in His Word, the Bible, brings a transcend-
    ent standard to man the choice-maker. Other philo-
    sophies and religions are man-made, humanism, and
    thereby lack what only the Bible has:

    1.Transcendent Criteria and
    2.Fulfilled Prophetic Validation.

    The vision of faith in God and His Word is survival
    equipment for today and the future.

    Human is earth’s Choicemaker. Psalm 25:12 He is by
    nature and nature’s God a creature of Choice - and of
    Criteria. Psalm 119:30,173 His unique and definitive
    characteristic is, and of Right ought to be, the natural
    foundation of his environments, institutions, and re-
    spectful relations to his fellow-man. Thus, he is orien-
    ted to a Freedom whose roots are in the Order of the
    universe.

    At the sub-atomic level of the physical universe quantum
    physics indicates a multifarious gap or division in the
    causal chain; particles to which position cannot be
    assigned at all times, systems that pass from one energy
    state to another without manifestation in intermediate
    states, entities without mass, fields whose substance is
    as insubstantial as “a probability.”

    Only statistical conglomerates pay tribute to
    deterministic forces. Singularities do not and are
    therefore random, unpredictable, mutant, and in this
    sense, uncaused. The finest contribution inanimate
    reality is capable of making toward choice, without its
    own selective agencies, is this continuing manifestation
    of opportunity as the pre-condition to choice it defers
    to the natural action of living forms.

    Biological science affirms that each level of life,
    single-cell to man himself, possesses attributes of
    sensitivity, discrimination, and selectivity, and in
    the exclusive and unique nature of each diversified
    life form.

    The survival and progression of life forms has all too
    often been dependent upon the ever-present undeterminative
    potential and appearance of one unique individual organism
    within the whole spectrum of a given life-form. Only the
    uniquely equipped individual organism is, like The Golden
    Wedge of Ophir, capable of traversing the causal gap to
    survival and progression. Mere reproductive determinacy
    would have rendered life forms incapable of such potential.

    Only a moving universe of opportunity plus choice enables
    the present reality.

    Each individual human being possesses a unique, highly
    developed, and sensitive perception of diversity. Thus
    aware, man is endowed with a natural capability for enact-
    ing internal mental and external physical selectivity.
    Quantitative and qualitative choice-making thus lends
    itself as the superior basis of an active intelligence.

    Human is earth’s Choicemaker. His title describes
    his definitive and typifying characteristic. Recall
    that his other features are but vehicles of experi-
    ence intent on the development of perceptive
    awareness and the following acts of decision and
    choice. Note that the products of man cannot define
    him for they are the fruit of the discerning choice-
    making process and include the cognition of self,
    the utility of experience, the development of value-
    measuring systems and language, and the accultur-
    ation of civilization.

    The arts and the sciences of man, as with his habits,
    customs, and traditions, are the creative harvest of
    his perceptive and selective powers. Creativity, the
    creative process, is a choice-making process. His
    articles, constructs, and commodities, however
    marvelous to behold, deserve neither awe nor idol-
    atry, for man, not his contrivance, is earth’s own
    highest expression of the creative process.

    Human is earth’s Choicemaker. The sublime and
    significant act of choosing is, itself, the Archimedean
    fulcrum upon which man levers and redirects the
    forces of cause and effect to an elected level of qual-
    ity and diversity. Further, it orients him toward a
    natural environmental opportunity, freedom, and
    bestows earth’s title, The Choicemaker, on his
    singular and plural brow.

    Deterministic systems, ideological symbols of abdication
    by man from his natural role as earth’s Choicemaker,
    inevitably degenerate into collectivism; the negation of
    singularity, they become a conglomerate plural-based
    system of measuring human value. Blunting an awareness
    of diversity, blurring alternatives, and limiting the
    selective creative process, they are self-relegated to
    a passive and circular regression.

    Tampering with man’s selective nature endangers his
    survival for it would render him impotent and obsolete
    by denying the tools of diversity, individuality,
    perception, criteria, selectivity, and progress.
    Coercive attempts produce revulsion, for such acts
    are contrary to an indeterminate nature and nature’s
    indeterminate off-spring, man the Choicemaker.

    Until the oppressors discover that wisdom only just
    begins with a respectful acknowledgment of The Creator,
    The Creation, and The Choicemaker, they will be ever
    learning but never coming to a knowledge of the truth.
    The rejection of Creator-initiated standards relegates
    the mind of man to its own primitive, empirical, and
    delimited devices. It is thus that the human intellect
    cannot ascend and function at any level higher than the
    criteria by which it perceives and measures values.

    Additionally, such rejection of transcendent criteria
    self-denies man the vision and foresight essential to
    decision-making for survival and progression. He is left,
    instead, with the redundant wreckage of expensive hind-
    sight, including human institutions characterized by
    averages, mediocrity, and regression.

    Humanism, mired in the circular and mundane egocentric
    predicament, is ill-equipped to produce transcendent
    criteria. Evidenced by those who do not perceive
    superiority and thus find themselves beset by the shifting
    winds of the carnal-ego; i.e., moods, feelings, desires,
    appetites, etc., the mind becomes subordinate: a mere
    device for excuse-making and rationalizing self-justifica-
    tion.

    The carnal-ego rejects criteria and self-discipline for such
    instruments are tools of the mind and the attitude. The
    appetites of the flesh have no need of standards for at the
    point of contention standards are perceived as alien, re-
    strictive, and inhibiting. Yet, the very survival of our
    physical nature itself depends upon a maintained sover-
    eignty of the mind and of the spirit.

    It remained, therefore, to the initiative of a personal
    and living Creator to traverse the human horizon and
    fill the vast void of human ignorance with an intelli-
    gent and definitive faith. Man is thus afforded the
    prime tool of the intellect - a Transcendent Standard
    by which he may measure values in experience, anticipate
    results, and make enlightened and visionary choices.

    Only the unique and superior God-man Person can deserved-
    ly displace the ego-person from his predicament and free
    the individual to measure values and choose in a more
    excellent way. That sublime Person was indicated in the
    words of the prophet Amos, “…said the Lord, Behold,
    I will set a plumbline in the midst of my people Israel.”
    Y’shua Mashiyach Jesus said, “If I be lifted up I will
    draw all men unto myself.”

    As long as some choose to abdicate their personal reality
    and submit to the delusions of humanism, determinism, and
    collectivism, just so long will they be subject and re-
    acting only, to be tossed by every impulse emanating from
    others. Those who abdicate such reality may, in perfect
    justice, find themselves weighed in the balances of their
    own choosing.

    That human institution which is structured on the
    principle, “…all men are endowed by their Creator with
    …Liberty…,” is a system with its roots in the natural
    Order of the universe. The opponents of such a system are
    necessarily engaged in a losing contest with nature and
    nature’s God. Biblical principles are still today the
    foundation under Western Civilization and the American
    way of life. To the advent of a new season we commend the
    present generation and the “multitudes in the valley of
    decision.”

    Let us proclaim it. Behold!
    The Season of Generation-Choicemaker Joel 3:14 KJV

    CONTEMPORARY COMMENTS
    “I should think that if there is one thing that man has
    learned about himself it is that he is a creature of
    choice.” Richard M. Weaver

    “Man is a being capable of subduing his emotions and
    impulses; he can rationalize his behavior. He arranges
    his wishes into a scale, he chooses; in short, he acts.
    What distinguishes man from beasts is precisely that he
    adjusts his behavior deliberately.” Ludwig von Mises

    “To make any sense of the idea of morality, it must be
    presumed that the human being is responsible for his
    actions and responsibility cannot be understood apart
    from the presumption of freedom of choice.”
    John Chamberlain

    “The advocate of liberty believes that it is complementary
    of the orderly laws of cause and effect, of probability
    and of chance, of which man is not completely informed.
    It is complementary of them because it rests in part upon
    the faith that each individual is endowed by his Creator
    with the power of individual choice.”
    Wendell J. Brown

    “These examples demonstrate a basic truth — that human
    dignity is embodied in the free choice of individuals.”
    Condoleeza Rice

    “Our Founding Fathers believed that we live in an ordered
    universe. They believed themselves to be a part of the
    universal order of things. Stated another way, they
    believed in God. They believed that every man must find
    his own place in a world where a place has been made for
    him. They sought independence for their nation but, more
    importantly, they sought freedom for individuals to think
    and act for themselves. They established a republic
    dedicated to one purpose above all others - the preserva-
    tion of individual liberty…” Ralph W. Husted

    “We have the gift of an inner liberty so far-reaching
    that we can choose either to accept or reject the God
    who gave it to us, and it would seem to follow that the
    Author of a liberty so radical wills that we should be
    equally free in our relationships with other men.
    Spiritual liberty logically demands conditions of outer
    and social freedom for its completion.” Edmund A. Opitz

    “Above all I see an ability to choose the better from the
    worse that has made possible life’s progress.”
    Charles Lindbergh

    “Freedom is the Right to Choose, the Right to create for
    oneself the alternatives of Choice. Without the possibil-
    ity of Choice, and the exercise of Choice, a man is not
    a man but a member, an instrument, a thing.”
    Thomas Jefferson

    THE QUESTION AND THE ANSWER
    Q: “What is man that You are mindful of him, and the son
    of man that You visit him?” Psalm 8:4
    A: “I call heaven and earth as witnesses today against
    you, that I have set before you life and death, blessing
    and cursing; therefore choose life, that both you and
    your descendants may live.” Deuteronomy 30:19

    Q: “Lord, what is man, that You take knowledge of him?
    Or the son of man, that you are mindful of him?” Psalm
    144:3
    A: “And if it seems evil to you to serve the Lord, choose
    for yourselves this day whom you will serve, whether the
    gods which your fathers served that were on the other
    side of the river, or the gods of the Amorites, in whose
    land you dwell. But as for me and my house, we will
    serve the Lord.” Joshua 24:15

    Q: “What is man, that he could be pure? And he who is
    born of a woman, that he could be righteous?” Job 15:14
    A: “Who is the man that fears the Lord? Him shall He
    teach in the way he chooses.” Psalm 25:12

    Q: “What is man, that You should magnify him, that You
    should set Your heart on him?” Job 7:17
    A: “Do not envy the oppressor and choose none of his
    ways.” Proverbs 3:31

    Q: “What is man that You are mindful of him, or the son
    of man that You take care of him?” Hebrews 2:6
    A: “I have chosen the way of truth; your judgments I have
    laid before me.” Psalm 119:30 “Let Your hand become my
    help, for I have chosen Your precepts.”Psalm 119:173

    References:
    Genesis 3:3,6 Deuteronomy 11:26-28; 30:19 Job 5:23
    Isaiah 7:14-15; 13:12; 61:1 Amos 7:8 Joel 3:14
    Ecclesiastes 3:1-8

    DEDICATION

    Sir Isaac Newton
    The greatest scientist in human history
    a Bible-Believing Christian
    an authority on the Bible’s Book of Daniel
    committed to individual value
    and individual liberty

    Daniel 9:25-26 Habakkuk 2:2-3 selah

    “What is man…?” Earth’s Choicemaker Psalm 25:12
    http://www.blogger.com/profile/4744267
    http://www.geocities.com/Athens/Parthenon/2728/
    http://www.choicemaker.net/
    jbaxter@choicemaker.net

    An old/new paradigm - Mr. Jefferson would agree!
    (Alternative? There is no alternative.)

    + + +

    “Man cannot make or invent or contrive principles. He
    can only discover them and he ought to look through the
    discovery to the Author.” — Thomas Paine 1797

    “Got Criteria?” See Psalm 119:1-176
    semper fidelis

    Comment by James Fletcher Baxter — May 30, 2006 @ 2:34 pm

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