The Heinrich Böll Foundation mourns the loss of the Chinese lawyer Zhang Sizhi, winner of the Petra Kelly Prize and longtime friend of the foundation. He died in Beijing on June 24, 2022, he would have been 95 in November. Zhang Sizhi will be remembered as a champion of the rule of law, to which all, including the powerful, must bow.
In his long life he has never submitted to injustice, but wisely and courageously stood up for his convictions. Even before the founding of the People’s Republic of China, he studied law and joined the communist party, which was still a revolutionary party at the time. In 1956 he was commissioned to establish the Beijing legal profession, becoming the first of a new generation of lawyers. But his advocacy for democracy, transparency and justice caused scandals, and the following year he was a victim of the campaign against “right-wing dissidents.” For fifteen years he was held in a camp outside Beijing and forced to perform forced labour.
After the death of Mao Zedong and the end of the Cultural Revolution, when the “gang of four” around Mao’s wife were to be held accountable in public trials, Zhang was ordered to take part. The judiciary and universities had collapsed during the Cultural Revolution, and there were only a few lawyers. Zhang initially refused, but eventually took charge of the defense. He hoped that these trials could be a first step from a lawless society to a constitutional state.
Zhang Sizhi consistently continued along this path. He decided against a career in the Justice Department to work as an independent attorney. He founded China’s first bar association and wrote textbooks for aspiring lawyers. He was soon known as China’s “conscience of advocates,” largely for his courage in defending those no one else would defend: democracy and religious freedom activists, human rights advocates, disgraced party cadres, and ordinary citizens, caught up in the abuse of power.
He promoted the younger generation of lawyers and legal scholars and was loved and valued by them as a role model and mentor. He never received official awards in his own country. And he wasn’t overwhelmed with international honors either. When he was nominated for the Heinrich Böll Foundation’s Petra Kelly Prize for Human Rights in 2008, it was initially unclear whether he would accept the prize. Because of the political sensitivity of his cases, Zhang Sizhi has tended to shun international attention, always carefully considering which strategy best serves his clients.
At a first meeting in Beijing in 2007 with representatives of the Heinrich Böll Foundation, everything but an award ceremony was initially discussed in detail. It was about convictions, goals, visions and strategies. Zhang Sizhi was interested in the foundation’s work around the world. He was not only a gifted speaker, but also an exceptionally good listener. He spoke about his own work with great modesty: As a lawyer, he had no choice but to work for human rights. After all, all lawyers are human rights defenders. And he wasn’t particularly successful.
In fact, Zhang Sizhi never “won” any of his political cases, his clients were always convicted. In China, where it is already clear in advance in political trials how the guilty verdict will turn out, the lawyer has no choice but to explain the legal situation in a pleading. He can use it to demonstrate how the law is bent in Chinese courts. The public or media representatives are usually excluded.
It is precisely for this reason that Zhang decided to accept the award on behalf of the Chinese lawyers. In his speech at the award ceremony, he expressed the hope that 140,000 Chinese lawyers would be a force that would stand up for the establishment of a Chinese rule of law.
Zhang Sizhi was an optimist, although he harbored little hope for political reform in the near future. His keen analytical mind allowed him no illusions. Yet he was not bitter, did not take danger and setbacks as an excuse to slacken in his quest for justice. He encouraged and supported the lawyers who came to him. He also urged them to be cautious, to protect themselves, in a system where lawyers are often punished for their work. Many of his companions lost their legal licenses or were themselves accused and convicted. Even in old age, he still actively supported these people until his health failed him.
Zhang Sizhi leaves a gap. Those close to him have not only lost a mentor, but also a warm and generous friend. His legacy is 70 years of fighting for law and justice. He remains a role model and inspiration for all who work towards it.
–
