Gao, Zhisheng(高智晟)
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Date: 3/10/2010 4:51:23 PM
Sender: CDP
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Zhisheng Gao(高智晟) - A Rights Defending Attorney
Profile of Zhisheng Gao:
August, 2002, founded “Zhisheng Attorney Office” in Beijing;
December 31, 2004, represented Falun learner Huang, Wei. After the case closed, wrote an open letter to the Congress, became the target;
September 28, defended attorney Guo, Feixiong who was arrested because the Taishi Village Case;
October 18, 2005, visited Chen, Guangcheng in Shangdong province to investigate cases of persecuted Falun learners. Sent a second open letter to Hu, Jintao and Wen, Jiabao;
September 20, 2007, published an open letter to all Congressmen in US and appealed for western politicians to pay attentions to human rights persecution cases in China during Olympics, especially those upon Falun learners.
September 23, 2007, China Communist Party authority secretly arrested attorney Gao, Zhisheng. He was missing until nowadays.
From Coal Diggers to Famous Attorney: Gao, Zhisheng’s Life as a Rights Defending Attorney
26 years ago, Gao, Zhisheng might never dream of today. As a coal digger only educated in primary school, he was able to become an attorney famous in the whole Beijing city. However, it’s true that he had made up his mind not being a coal digger for his lifetime. It’s his three years in military that really change his thoughts and opinions. The three years allow him to know how big the world is and endow him a firm mind.
In 1991, when Gao, Zhisheng are selling vegetables in markets, he had finished senior middle school courses by self education.
“Urumqi people have a habit when buy vegetables. They use newspapers to pack up instead of baskets.” Gao, Zhisheng recalls his legendary experience, “A person brings a large size newspaper to pack the vegetables. Because it’s too big, another part was thrown onto ground.”
This half page of newspaper changes Gao, Zhisheng’s destiny. He saw a book advertisement on the paper by accident: “ Learn Law College by Yourself is Your Shortcut to be an Attorney”
Law College? Attorney?
In 1995, the second year after finishing his law college, Gao, Zhisheng passed the National Bar Examination by taking it for only once.
“I am not aimed at saving anyone to do legal assistance.”
Though Gao, Zhisheng had become a real attorney, but he had no relation and cases, what could he do?
“As long as I have no case, what about doing legal assistance for free?” This is the triggering thought at the beginning, “I didn’t have long-term plans. I just wanted to save myself to keep myself a position in the legal field.”
Ata rainy day of Urumqi, the temperature is really low. Gao, Zhisheng sat in the office reading recent legal magazines as usual. Until now, nobody has come to ask him to do cases. The door is pushed open by wind. An elder person in rags stepped in. Gao, Zhisheng stood up quickly. He didn’t realize the elder man kneel to him suddenly. Gao, Zhisheng was surprised by this and didn’t know how to behave. He asked urgently: “Honored elder, tell me your things and don’t behave like this.” The elder men said with tears in eyes: “My child was murdered, but the murderer was not arrested until now. The murder was put in jail for a while but released rights after. How come my child is dead without justice?”
Gao, Zhisheng seated the elder man and gave him a cup of hot tea. The elder man kept on saying: “My family is so poor that I get around the city, none of the lawyers is delight to take my case. I hear that you do cases for free, so I come here.” The elder man wanted to kneel again. Gao, Zhisheng stopped him and said to him sincerely: “ I will take this case.”
The murdered was sentenced finally and the elder man also received deserving compensation. Gao, Zhisheng had paid not only money in this case. He said: “Emotionally, when you were in life as a weak person, you will put all your heart inside. This case allows me to understand what an ordinary person need and also what I wish to do in the future.”
Because of this case, more and more people came to ask him for help. “During the two years in Urumqi, if I did 40 cases, 30 of them will be free.”
“What did you live on then?” The journalist doubted his saying.
“Everything must be seen in a lone term. When I was saving others, I was helping my future as well.” Gao, Zhisheng emphasized, “However, I won’t use the free cases I deal with presently as capital for my success. If I consider things like this, all things will be in vain.”
“I was born in poverty. I know the thoughts and emotion of a poor person, so I understand what I intend to do” Gao, Zhisheng spoke in humor, “I won’t regard my help to others as a kind of charity. I look forward and I will use all my life to save my next life!”
“Some people call me A Crazy Dog Lawyer”
From the case of the elder men, people from nationwide found him because of his fame. Gao, Zhisheng started his life flying around the country. Sometimes he couldn’t even afford the transportation fee and had to borrowed money.
Some people spoke ironically to him: “What is your purpose? To let people call you a good man? Do you know how many people hate you deeply?”
Gao, Zhisheng seldom answers questions like this. He knows this society needs a person like him.
Many places fear his coming and many other lawyers hate him, because even it’s a free case, Gao, Zhisheng never gives his rivals any chance to win.
Once, a television in Xinjiang invited him to make a legal program with another lawyer. When Gao, Zhisheng came to the studio, the other lawyer was talking with the host: “I know Gao, Zhisheng, the one who gets around like a crazy dog and causes hatred among all people.” Gao, Zhisheng patted his shoulder and said in humor: “A crazy dog like me never bite ordinary people.”
When he was humiliated by his rival, Gao, Zhisheng simply smiled. But when his client was misunderstood, he felt the pain as well.
“A free legal assistant case on criminals, I had prepared a lot for the court. However, there is no message from the court or the parties. I finally find out the case is already closed afterwards.” Gao, Zhisheng said that he had been through this situation for many times, “I couldn’t understand the reason for this, so I find the party. He just said to me indifferently, ‘I heard that you have accepted 40,000 yuan from the opposite side. How dare I can trust you always? Even the assistance is free; I have to consider the consequence.’” Gao, Zhisheng said nothing. He knew that the client had been trapped by the rival, but the truth will come out finally. “I don’t have to explain too much.”
Gao, Zhisheng not only suffered blocks from clients and rivals. The largest obstacle is the endless anonymous letters and threatening letters. The local judicial and administrative departments came to him many times asking about his accepting money. None of these accuses were confirmed. “Because I have never done illegal things.”
“Why it’s so difficult to provide legal assistance to the weak minority?” The journalist couldn’t understand.
“The problems of weak minority usually relates to many sensitive things. The opposite word to weak is strong. When you are speaking for the weak, you are resisting the strong people. Is it possible to avoid troubles?”
“A lawyer must support the weak minority”
When Gao, Zhisheng saw the copies of cashes in a family in Dandong City, he cried. “Though the case has closed, I sent money to the damaged child in this family. I don’t expect them to keep copies of these cashes to show their gratitude to me.”
This disabled child named Zhou, Weiyi. Because of pains in stomach, he was input too much Enzyme and became deaf and dumb afterwards. His parents went to hospital many times asking for compensation, but was rejected cruelly. To get their child cured as soon as possible, they have to borrowed money, but the cost of treatment was still out of budget. After the unsuccessful negotiation, the parents accused the hospital in local court. At the time, their friends introduced Gao, Zhisheng to them and told them Gao will do the case free. When Gao, Zhisheng accepted their appeal, the parents of Gao, Zhisheng cried out.
The case went smoothly in spite of pressures and threats from many aspects. The Zhou family received their compensation about 800,000 yuan. The parents of Zhou, Weiyi brought money to thank Gao, Zhisheng, but Gao turned away the money, saying: “When I came to you city ding cases, you can provide a bed and food for me. You should use the money to cure your chlild as soon as possible.”
The case of Bai, Tao is a pain in Gao, Zhisheng’s heart. The reason for the case is just like Zhou, Weiyi’s. However, the difficulties he has been through at court make him really chilly. After all these twists, Bai, Tao’s son only got a mere piece of paper from the judge. The total amount of 480,000 yuan is never received and the court of Baishan City, Jilin Province seldom administrates the sentence.
“Are there many cases that not properly administrated after the judgment?”
“A lot”
“What do you feel?”
“Except the pity for the clients and continuous appeal, the only thing left is loneliness. I can only speak from my point of view: A lawyer must support the weak minority!”
高智晟
高智晟简历:
2002年 8月，创立“智晟律师事务所”在北京；
2004年12月31日 石家庄法轮功学员黄伟案的代理结果，写成首次公开信致国会，成为天下之鹿；9月28日 为太石村案被捕的郭飞雄律师担任辩护律师；
2005年10月18日 赴山东探望陈光诚，调查山东迫害法轮功的结果，二次公开信致胡锦涛温家宝；
2007年9月20日向美国国会发表了致美国参众议员的公开信，呼吁西方政要关注以奥运为名发生在中国的人权迫害，特别是对法轮功学员的迫害。
2007年9月23日中共当局秘密警察带走高律师，至今音讯不明。
从挖煤工到知名律师：高智晟的法律维权生涯
也许26年前，高智晟怎么也不会想到今天，一个只有小学文化程度的挖煤工，会成为名震北京的大律师。但他确确实实在26年前就决定不会一辈子做个挖煤工。然而真正转变他思想观念的还是他3年的军旅生活。这3年使他知道了什么是世界的大，使他拥有了坚强的意志。
1991年，高智晟还在推着车子卖菜，但他已经自学完高中的课程。
“乌鲁木齐人买菜有个习惯，不是拿着菜篮子，而是爱用报纸包。”高智晟回忆着那个传奇般的经历，“有一个人拿了一张很大的报纸，包住菜，因为用不了，就随便撕下半张扔在地上。”
就是这半页报纸改变了高智晟的命运。他不经意间看到报纸上有一则买书的广告：“自学法律大专是你迈进律师行业的捷径。”
法律大专？律师？
1995年，在他取得法律大专后的第二年，高智晟一次就通过了全国律师资格考试。
“我不是为了拯救谁才做法律援助”
虽然高智晟成为了一名真正的律师，但一没有关系，二没有案源，怎么办？
“既然没有案子，我为人家免费做法律援助还不行吗？”这就是他最初的动机，“开始我没有更加长远的想法，我是为了拯救自己，为了使自己在律师界有一席之地而已。”
乌鲁木齐的一个雨天，气温很低。高智晟像往常一样坐在办公室里翻阅近期的法制杂志，到现在还没有一个人找他办案子。门被吱吱呀呀地推开，一位衣衫单薄浑身被雨淋透的老汉探头探脑。高智晟急忙起身，他没有想到，老汉突然跪在他的面前，从未经历过这种场面的高智晟不知所措。他连连地问：“老人家，有事说事，不要这样。”老汉哭诉：“我的孩子被杀害，至今凶手仍然逍遥法外。凶手被抓起来一阵，又放了，说有精神病，难道我的孩子就这样不明不白地死了吗？”
高智晟急忙扶起老汉，给他倒了一杯热茶。老汉接着说：“我家里太穷，找遍了城里，没有律师肯给我代理这个案子，听人说您专门办理免费的案子，就到您这里来了。”老汉又要下跪。高智晟急急地拦住，诚恳地对老汉说：“这个案子我接了。”
最后凶手得到了应有的处罚，老汉也得到了相应的补偿。而高智晟为此付出的不仅是金钱，他说：“感情，当你真正置身于一个弱者生活中，你必须把感情也融到里面。这个案子使我知道，一个普通老百姓在什么时候最需要什么，也使我知道我将来要做的是什么。”
就是因为这个案子，很多人开始找他。“在乌鲁木齐的那两年，如果办40个案子，其中30个是免费的。”
“你吃什么？怎么生活？”记者对他的说法表示质疑。
“什么事情要看长远，我在拯救别人的时候，也是在拯救自己的将来。”高智晟强调：“但，我不会把现在办免费的案子，用作将来的发达的资本。如果这么考虑，什么事情都会鸡飞蛋打。”
“我的出身很穷，我知道穷人的感情，所以我知道我要做什么，”高智晟幽默地说：“我不会把帮助别人看成是对别人的施舍。我的目光很长远，我要用我的这一辈子拯救我的下一辈子！”
“有人尊称我为疯狗律师”
从那位老汉的案子开始，全国各地很多人慕名找到他。高智晟开始了他全国到处“飞”的经历，有一段时间他连路费也付不起了，四处借钱。
有人挖苦他：“你图什么呢？就让老百姓说你个好？知道有多少人讨厌你吗？”
高智晟对这种问题一般都不予回答，他知道这个社会需要他这样的人。
有的地方很害怕他的到来，同行也有不少人恨他，因为即使是免费官司，高智晟也从来不给对方留情面，甚至对方是同行的朋友。
一次，新疆一家电台邀请高智晟和另外一名律师做客一个法制栏目。当高智晟来到演播间的时候，另外那名律师正在对主持人说：“我知道高智晟，像一条疯狗一样满世界跑，人见人恨。”高智晟幽默地拍着那人肩膀说：“我这条疯狗可没有咬普通老百姓啊。”
被对手羞辱，高智晟只是呵呵一笑。可被救助对像对他的误解很让他心酸。
“有一个免费法律援助的刑事案件，为了开庭我准备了很充分的材料。过了很长时间法院也没有动静，当事人也没有动静，事后一问，我才知道，案子早就开过庭了。”高智晟说像这样的事情他碰到过很多，“我不明白到底是怎么回事，就找到那个当事人，他很冷淡地告诉我，你收了对方4万块钱，我还敢用你吗，就是免费，我也得想想后果。”高智晟什么也没有说，他知道自己和当事人都中了对方的圈套，但事情早晚会真相大白，“我不需要过多地解释什么。”
高智晟受到的阻力不仅来自当事人和明里的对手，最大的阻力恐怕是无穷无尽的匿名举报、恐吓信。当地司法行政部门多次找到他谈话，询问有没有私下收费等事情。没有一件事情最终得到落实，“因为我从来没有做过任何违法的事情。”
“为什么为弱势群体提供法律援助，还有这么多的困难？”记者有些不理解。
“往往弱势群体的问题会牵涉到更敏感的事情，弱的反义词是强，你替弱者说话就是在和强者对抗。对抗强者，谁的麻烦会少？”
“律师应当为弱势群体撑腰”
当高智晟在丹东的一位当事人家，看到这家人细心保存的人民币复印件，他哭了。“这个案子虽然已经办完了，我每年都要给那个受伤致残的孩子寄些钱，没想到他们会把钱复印后保留下来以示对我的感激。”
这个受伤致残的孩子叫周伟毅，因为闹肚子，被医院过量输入庆大酶素导致耳聋失语。家长多次找到医院要求赔偿，遭到了狠心的拒绝。为了能够使孩子尽快得到救治，周伟毅家四处举债，但仍不能满足所需的医疗费用。在与医院交涉未果的情况下，周家只得向当地法院起诉。此时有朋友介绍，高智晟对此类官司很有经验而且不会收取任何费用。当高智晟答应为周家办理这起诉讼之后，周伟毅的父母高兴得热泪盈眶。
案件进行得比较顺利，虽然遭受了来自各方的压力甚至威胁，最终周家实实在在地获赔80多万。周伟毅的父母拿着感谢金来见高智晟时，他没有接，只说了一句话：“将来我再到你们那里办案子管我饭吃就行，你们还是拿着这钱尽快为孩子看病去。”
白涛的案子是高智晟最大的心病。案子的原因和周伟毅一样，只是在法院所历经的周折，就让高智晟寒心。曲折过后，虽然法院判决白涛的儿子胜诉，但那只是一纸空文。48万元的赔偿金，至今吉林省白山市法院连个零头也没有执行回来。
“像法院判决但执行不了的案子，多吗？”
“很有一些！”
“你会有什么感觉？”
“除了觉得当事人可怜，除了我一而再再而三地为他们声张，剩下的就是孤单。我只能站在我的角度说一句话：律师应当为弱势群体撑腰！”
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