In preparation of the Universal Periodic Review (UPR) of China in 2024, Lawyers for Lawyers and Lawyers’ Rights Watch Canada have written a mid-term report. In this report we set out to what extent China has implemented the recommendations it accepted during the 2018 UPR process in relation to the role of lawyers.
During the UPR in 2018, China accepted three recommendations with respect to the effective protection of lawyers against harassment, access to lawyers and the right of freedom of expression of lawyers. Our report concludes that China has not adequately implemented these three recommendations with respect to lawyers.
China has failed to respect the rights of lawyers by not adequately enabling them to perform their professional functions without intimidation, hindrance, harassment or improper interference. Furthermore, China has failed to take substantive steps to uphold the right to fair trial and to guarantee the equal right of everyone to effective access to justice and legal assistance of their choice.
We urge the authorities of China to:
- respect the rights of lawyers, guarantee that lawyers are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference, and guarantee that lawyers are not subjected to arbitrary detention, torture or ill-treatment, enforced disappearance, disbarment or other disciplinary measures on illegitimate grounds, in accordance with Principles 16(a) and (c), 23 and 27 of the Basic Principles, the ICCPR and the CAT . China should implement recommendation 28.216 fully and without any delay;
- uphold the right to fair trial and guarantee that every citizen has effective access to justice and legal assistance of their choice, in accordance with UDHR, ICCPR, and the Preamble and Principle 1 of the Basic Principles. China should implement recommendation 28.218 fully and without any delay;
- allow lawyers to exercise their right to freedom of expression, opinion, belief, association and peaceful assembly as laid down in Article 23 of the Basic Principles and ICCPR Article 19. China should implement recommendation 28.340 fully and without any delay.
Click here to read the report.
