ChinaAid
October 30, 2010
HEBEI — Attorney Zhang Kai wrote a letter to the Baoding Municipal and Wangdu County Public Security Bureau offices concerning unlawful entry by a news station in the “My Father is Li Gang” case.
Baoding Municipal Public Security Bureau and Wangdu County Public Security Bureau:
This letter has been authorized by Chen Guangqian, Chen Xiaofeng’s father. I, Zhang Kai am providing legal service in Chen Xiaofeng’s case from an assignment given by his law firm.
To my surprise, I saw that CCTV recently broadcasted Li Gang and his son Li Ming making a public apology for the accident. According to the report, Li Qiming is being detained at Baoding Municipal Detention Center. I also noticed that CCTV publicly broadcast the video where Li Qiming made the apology in the detention center.
Based on the above basic facts, I think CCTV’s interview itself may not cause any controversy, as it is quite natural for CCTV to seek news as its profession requires.
However, what puzzles me is who approved CCTV’s entry into the detention center? And by what law did they do so?
According to relevant provisions in the “Criminal Procedure Law of the People’s Republic Of China” and the “Law of the People’s Republic of China Governing Regulations of Detention Centers,” only employees of Public Security agencies, State Security agencies, legal counsel, and People’s Courts and attorneys have access to detention centers; others are not allowed to enter these facilities under any circumstances. Those who are approved to enter the detention centers only enter when they intend to interrogate the detainees.
Also, they must hold an interrogation certificate or an interrogation voucher, and there must be at least two people conducting the interrogation. Otherwise, the detention center should refuse to let them begin questioning. As for attorneys, the procedure of entry is even more complicated.
It is really unthinkable that CCTV could enter the detention center with all the fanfare of publicity.
Based on these basic facts and legal analysis, I think Baoding Detention Center and Baoding PSB are suspected of serious dereliction of duty or abuse of power.
According to the report by CCTV, Li Gang contacted CCTV on his own volition and requested an interview. We would also like to know if Li Gang helped CCTV in its entry into the detention center.
Given these circumstances, I hereby demand
1. that a case be filed and an investigation be conducted on the dereliction of duty or abuse of power by the detention center and
2. Li Qiming is immediately transferred to a different detention location to avoid similar incidents from happening again.
Zhang Kai, attorney of Yijia Law Firm of Beijing
+86 139 1190 0261
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