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「依法治國」? 6名被捕勞權人士法律權利被踐踏實況 (1)
根據中國刑事訴訟法第37條第2款規定 ，“辯護律師持律師執業證書、律師事務所證明和委託書或者法律援助公函要求會見在押的犯罪嫌疑人、被告人的，看守所應當及時安排會見，至遲不得超過48小時。 ”
“Rule of laws”? The government’s violations of legal rights of the six detained labor activists (1)
《Detainees are rejected from meeting their lawyers》
As per article 37 of the Criminal Procedure Law of the People’s Republic of China, where a defense lawyer files a request during the period of criminal investigation for a meeting with a criminal suspect in custody who is suspected of compromising national security, terrorist activities, or extraordinarily significant bribery, the meeting shall be subject to the permission of the criminal investigation authority. In such a case, the criminal investigation authority shall issue a prior notice to the jail. Furthermore, when a defense lawyer files a request for a meeting with a criminal suspect or defendant in custody on the basis of the lawyer’s practicing license, a certificate issued by the law firm, and a power of attorney or an official legal aid document, a jail shall arrange a meeting in a timely manner, no later than 48 hours after the request is filed.
The International Covenant on Civil and Political Rights (ICCRP) states that “in the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality: …(b) to have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing”. The United Nations Human Rights Committee has indicated that “adequate time” depends on the circumstance of individual cases. Individuals access to lawyers, documents and evidence required for defending the case must also be guaranteed.
Article 1 of the Basic Principles on the Role of Lawyers adopted by the United Nations states that “[a]ll persons are entitled to call upon the assistance of a lawyer of their choice to protect and establish their rights and to defend them in all stages of criminal proceedings”, whereas, article 7 says “[g]overnments shall further ensure that all persons arrested or detained, with or without criminal charge, shall have prompt access to a lawyer, and in any case not later than forty-eight hours from the time of arrest or detention”.
But the reality is—
The six labor activists have been accused of “assembling a crowd to disrupt social order” or “financial embezzlement” respectively; all these are not charges stated in article 37 of the Criminal Procedure Law that would justify a denial to meet their lawyers.
For detainees, meeting a lawyer is the most important legal right, which makes the basis of the right to defense. In brief, not only being denied the rights enshrined in the Criminal Procedure Law, the six labor activists are also deprived of the rights to meet their defendant lawyers which is regarded as the minimum requirement of criminal justice standards of ICCRP.