Note: The following is a translation of an editorial which first appeared in Southern Weekly on Nov. 12.  The original can be found here.

Why doesn’t Bo Xilai publicly back up the defense attorneys too?
By Guo Guangdong (郭光东)
 
Not being able to fully protect the rights of criminal suspects is an embarrassment that seems to be taking place yet again as Chongqing cracks down on the underworld.  It has become a huge problem for the Chinese legal system.
Even though the law stipulates that people are innocent until proven guilty in a court of law, the media has put forth extensive so-called reports on members of criminal world.  They have hastily determined the guilt of these suspects through the court of public opinion.

Despite the fact that defendants by law have the right to legal representation, the lawyers assigned to handle these kinds of cases are strictly told by the Chongqing Municipal Bureau of Justice not to fuss over the details of the cases and not to say anything to the media that might influence the outcome.  In stark contrast to this, one professor in Chongqing has publicly stated “the unprecedented power of propaganda” is a result of the crackdown and “it is obviously a very good plan.”  

What is even more unfortunate is that the majority of lawyers are unwilling to take on these cases.  The two that have appeared in court , Zhao Zhangqing [赵长青] and Zhou Litai [周立太], have felt the ire of the public online, being called “criminal advisors to the underworld” for contradicting the accusations of prosecutors, that Li Qiang [黎强] and Li Zhigang [李志刚] are in the mafia.  They say these lawyers are being paid unconscionable wages that conflict with the crackdown on the underworld.  

The logic of these netizens is not worth refuting, except to say that no police, prosecutors or judges received any extra pay for doing their duty, that we all believe our country is in dire need of the law, and that everyone agrees stealing even one cent deserves punishment.  Since this is all entirely rational, we can only say that the vitriol unleashed by those netizens is a failure of our educational system.  It is a failure of common knowledge about the law, which shows that the road to the rule of law is a long and difficult one.  

As these people on the sidelines vilify the defense attorneys, it is safe to say that none of them have considered that they might one day be accused of a crime.  The law requires the appointment of an opponent to the prosecution, so that no person will suffer wrong or pay for a crime they didn’t commit. This opponent is the defense attorney, who by all appearances is an enemy of the prosecutor.  The judge stands as a mediator between them to parcel out a just decision.  This triangular relationship is the most stable mechanism for providing justice.

However, the fact of the matter is the defense attorneys’ position is the weakest, being unable to equally oppose the prosecutor.  They not only lack the right to examine documents and meet with their clients among other practical methods of defense, they also often do not get the support they deserve from popular opinion.  In the face of an indignant public, they are inevitably labeled bad people.  

In order to restore the triangular relationship of justice, this time we must offer public support to these disadvantaged lawyers.  We need not simply understand their importance, but even more so we should hope that through their defense the system of law will become fair.  At the same time, given the current political structure, we should perhaps also suggest government leaders make a public show of support.  

The most appropriate person to do this is Mr. Bo Xilai [薄熙来], who is a member of the CCP Central Politburo and sectary of the Chongqing Municipal Party Committee.

Mr. Bo paid a visit to the Public Security Bureau, procuratorate and court on October 28 to talk with those on the frontline of the crackdown.  He told those folks in the political and legal system they must carry this special struggle to the end.  He also told them to seek truth through the facts and do things appropriately, in order to stand the test of history.  This was certainly the right attitude to express and those on the frontline of the battle against the criminal world were greatly encouraged.  
However, defense attorneys also belong to the political and legal system.  They are an essential part of the administration of justice and they above all others need encouragement as they face public pressure, being called “criminal advisors to the underworld.”  They need the party secretary to visit them too, to boost their spirits and provide an umbrella of protection for them.

The crackdown in Chongqing has garnered much interest at home and abroad.  It’s become a hot topic and as Mr. Bo said, “For a city to do something like this and capture the world’s attention is something you only see once in a hundred years.  This is a special opportunity for Chongqing.”  In the same way, a nice visit to the defense lawyers is the best opportunity for Chongqing to demonstrate its resolve in combating the mafia and using the rule of law.  This expression of governance should also be able to embellish the five key strategies of the city.  Beyond being livable, unhindered, full of forests, peaceful and healthy, it will also be “Chongqing by the rule of law.”  

Cracking down on the underworld is not easy, but if you want to differentiate the degree of difficulty, establishing rule of law is harder to achieve.  Ridding the city of the mafia will provide a time of peace but rule of law will ensure righteousness for generations, which is of eternal value.  Of course this would also display the long term vision and thinking of a certain official.  We ask him to please do so.  
 

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