Skip to content Skip to navigation

Guo Feixiong’s Lawyers Will Not Attend Trial if Court Denies Access to Case Materials

September 11, 2014

In a statement issued the day before Guo Feixiong’s trial, Guo’s lawyers, Chen Guangwu and Zhang Xuezhong, citing serious procedural violations by the court, request postponement of the trial and that the court allow them to make photo copies of all the case materials so that they can review them before the trial. The lawyers state that if they are not allowed to photocopy core evidence, they will not attend the trial on September 12, 2014.

The lawyers lists five areas of procedural violations by the court.

  1. The court’s denial of the defense lawyers’ right to review case materials, which include core evidence in the case against Guo Feixiong, is a violation of Article 38 of the Criminal Procedure Law and makes it impossible for the lawyers to mount an effective defense.
  2. The indictment was issued against Guo Feixiong and four other individuals, who should be tried, in accordance with a Supreme People’s Court’s interpretation of the Criminal Procedure Law. More importantly, in cases of “gathering a crowd to disrupt order in a public place,” only the “participants of chief importance” are criminally liable. Therefore, if the defendants in the same case are tried separately, it would be difficult to determine who the participants of chief importance are.
  3. The court’s requirement that defense lawyers use only court computers has no legal basis.
  4. Without informing the defendant of his right to request jurors to be part of the collegial, the court appointed one judge and two deputy judges to form the collegial court. This violates regulations issued by the NPC Standing Committee and the Supreme People’s Court.
  5. The court did not notify the defense lawyers of the trial date three days before the trial.

Explore Topics

709 Crackdown Access to Information Access to Justice Administrative Detention All about law Arbitrary Detention
Asset Transparency Bilateral Dialogue Black Jail Book Review Business And Human Rights Censorship
Charter 08 Children Chinese Law Circumvention technology Citizen Activism Citizen Journalists
Citizen Participation Civil Society Commentary Communist Party Of China Constitution Consumer Safety
Contending views Corruption Counterterrorism Courageous Voices Cultural Revolution Culture Matters
Current affairs Cyber Security Daily Challenges Democratic And Political Reform Demolition And Relocation  Dissidents
Education Elections Enforced Disappearance Environment Ethnic Minorities EU-China
Family Planning Farmers Freedom of Association Freedom of Expression Freedom of Press Freedom of Religion
Government Accountability Government regulation Government transparency Hong Kong House Arrest HRIC Translation
Hukou Human Rights Council Human rights developments Illegal Search And Detention Inciting Subversion Of State Power Information Control 
Information technology Information, Communications, Technology (ICT) International Covenant on Civil and Political Rights (ICCPR) International Human Rights International perspective International Relations
Internet Internet Governance JIansanjiang lawyers' rights defense Judicial Reform June Fourth Kidnapping
Labor Camps Labor Rights Land, Property, Housing Lawyer's rights Lawyers Legal System
Letters from the Mainland Major Event (Environment, Food Safety, Accident, etc.) Mao Zedong Microblogs (Weibo) National People's Congress (NPC) New Citizens Movement
Non-Governmental Organization (NGO) Olympics One country, two systems Online Activism Open Government Information Personal stories
Police Brutality Political commentary Political Prisoner Politics Prisoner Of Conscience Probing history
Propaganda Protests And Petitions Public Appeal Public Security Racial Discrimination Reeducation-Through-Labor
Rights Defenders Rights Defense Rule Of Law Shanghai Cooperation Organization (SCO) Special Topic State compensation
State Secrets State Security Subversion Of State Power Surveillance Technology Thoughts/Theories
Tiananmen Mothers Tibet Torture Typical cases United Nations US-China 
Uyghurs, Uighurs Vulnerable Groups Women Youth Youth Perspective