Submission to the report on the protection of lawyers. The Rights Practice. December 2021 Submission to the Report on the Protection of Lawyers Questionnaire for civil society and bar associations 1. Taking into consideration the guarantees for the functioning of lawyers, contained in principles 16-22 of the Basic Principles on the Role of Lawyers, please describe the constitutional, legal, administrative and policy measures adopted in your country to enable lawyers to exercise their professional activities in favour of their clients in a free and independent manner. There are a number of measures outlined in Chinese law that should enable lawyers to exercise their professional activities. In September 2021, China published a “Human Rights Action Plan” in which it set out the objectives and tasks related to human rights from 2021 to 2025. China stated that “legal defence will be provided in all criminal cases, and defence lawyers’ lawful rights are protected.” 1 However, Chinese law cannot be understood outside the political environment in which it operates. The interests of the Chinese state and the Chinese Communist Party (CCP) influence all aspects of governance, including the legal system. The CCP’s overriding concern is to maintain the ‘stability of society’ and the environment for Party rule. The Party oversees the functioning of the institutions of the police, procuratorate and the courts which all operate “within the system”. Lawyers are outside this system. Within this context, the Chinese Constitution protects a number of fundamental freedoms including the prohibition of unlawful detention, the rights to freedom of speech, assembly and personal dignity. The Constitution does not specifically protect the right to access a lawyer, and it is not justiciable. The Chinese Criminal Procedure Law (2018), Article 39, sets out the right to access a lawyer within 48 hours of being detained.2 Defence lawyers have the right to meet and communicate with criminal suspects and defendants in custody, following the first police interrogation, in the initial investigation stage. Lawyers cannot be present during police interviews. Chinese lawyers continue to call for the right to be present at police interviews, as they suggest that early involvement in a case is important in providing an adequate defence, and a deterrent against coerced confessions. State Council Information Office, The People’s Republic of China. “Full Text: Human Rights Action Plan of China (2021- 2025).” 9 September 2021. http://english.scio.gov.cn/scionews/2021-09/09/content_77742681.htm 2 Criminal Procedure Law of the People’s Republic of China, 2018. Chinese official: http://www.npc.gov.cn/zgrdw/npc/xinwen/2018-11/05/content_2065631.htm Unofficial English translation, China Law Translate, full access may be restricted due to paywall: https://www.chinalawtranslate.com/en/criminal-procedure-law-2018/ 1 2