【新唐人2013年06月05日訊】北京當局最近通過對律師的年度考核,大規模打壓維權律師。5月31號,是北京市司法局規定的年檢截止日,有一批維權律師及事務所沒能通過年檢。有消息指出:北京市司法局利用年審和年檢的機制,掀起了新一輪嚴厲打壓維權律師和律師事務所的行動。
6月2號,總部設在美國的非政府組織「對華援助協會」表示:4月1號至5月31號,是北京市司法局定下的全北京律師事務所的年檢期限。5月上旬,北京一千多家律師事務所中99%的律師事務所都通過了年檢,並且給律師頒發了新的律師執照。但是,還有一批正義維權律師事務所未能通過年檢。
報導說,北京市司法局以各種不敢公開的理由,拒絕讓十所左右的律師所和十多位律師通過年檢,以阻止他們獲得新的律師執照。
6月1號凌晨,北京律師江天勇在推特發出消息說:王全章、蘭志學、張全利、梁小軍、黎雄兵、董前勇、藺其磊、郭海躍、陳繼華等律師現仍未通過考核。
不久,江天勇再發消息補充說,又了解到李柏光、李敦勇、劉培福、鄔宏威、謝燕益、王雅軍等維權律師,和他們所在的律師所,都未能通過本年度考核。另外,重慶「競豪」律師所的熊代英律師,因參與公民聚餐和代理法輪功案件,也未能通過年度考核。
江天勇說,這些律師大多參與了各類維權案件,尤其是法輪功案件。江天勇認為,中共當局就是通過這種集體綁架,讓一個律師事務所的其他律師給維權律師施壓。
6月4號,《新唐人》致電「未能通過」年檢的北京維權律師王全章,他表示,司法局反覆以文件不齊全等藉口,拖延核發證件。
而3年前已被吊銷執照的北京維權律師唐吉田指出,當局對律師的年檢本身就是非法。他猜測,雖然今年的年檢已經結束,但是,也不排除這些人被當局警告,或者,答應當局的條件,而通過年檢,重新恢復職業。
北京維權律師唐吉田:「但是,我估計,這十幾個人應該絕大部分都不會被停止職業,但是,時間可能會拖的長一點,這取決於社會形勢的變化,也取決於他們個人的努力,更主要的還是官方,它如果能達到敲榨這些人的目的,它也不見得再像以前似的,全部用明槍,它更多的是用暗箭。」
2010年4月30號,北京市司法局吊銷了唐吉田的律師執業證書。唐吉田指出,當局往往通過年檢,對維權律師和律師事務所進行打擊報復。
唐吉田:「這些事情都不會有甚麼能講得出的理由,隨便編一個,它也不允許你申辯,也沒有一個公開的,獨立的第三方的一個體系,基本上是欲加之罪,何患無辭。一零年吊銷的時候,它說是『擾亂法庭秩序』,也是顛倒黑白,事實上是:法庭不允許當事人和律師依法進行訴訟活動,然後它們就倒打一耙。」
中國資深法學專家趙遠明指出,中共當局作為國家政府的權力機構,用這種手段整治律師和律師事務所,非常卑鄙。
中國資深法學專家趙遠明:「因為這些律師並非說他們徇私枉法,或者有甚麼搞黑的勾當,不是,而且這些律師,主要是為了異見人士或者信仰人士進行法律服務,進行法律工作,這種情況下,實際上是得罪了中共當局。」
趙遠明指出,雖然新一屆領導人上臺了,政法委系統換人了,但是很多人依然在貫徹執行江澤民派系鎮壓民眾的政策,用年檢的方式,對正義律師進行多方的刁難。
採訪編輯/李韻 後製/李智遠
Beijing Judicial Bureau refuses licenses of rights defense lawyers
The Beijing authorities pressured human rights lawyers
on a large scale over annual license renewal.
According to Beijing Judicial Bureau (BJB), lawyers
must present their annual applications by May 31.
Some human rights lawyers and law firms
were denied renewal.
Sources said that BJB took this opportunity
to implement a severe suppression of lawyers.
On June 2, the US-based non-governmental organization
China Aid stated that according to BJB,
the annual license renewal period runs
from April 1 to May 31 in Beijing.
In early May, 99% of Beijing’s more than 1,000 law firms
passed their annual renewal and received their new licenses,
but some human rights law firms failed the annual review
and did not receive their licenses.
Sources have said that for unspecified reasons, BJB denied
10 law firms and more than 10 lawyers’ annual review,
so as to prevent lawyers from license renewal.
On the morning of June 1, Beijing lawyer Jiang Tianyong
tweeted, “Lawyers that haven’t passed review include
Wang Quanzhang, Lan Zhixue, Zhang Quanli, Liang Xiaojun,
Li Xongbing, Dong Qianyong, Li Qilei, Guo Haiyue and Yang Jihua.”
Jiang Tianyong added that human rights lawyers including
Li Boguang, and six others and their firms, failed annual reviews.
In addition, lawyer Xiong Daiying at Jinghao Law Firm was
also denied by BJB due to his participation in civic gatherings and handling of Falun Gong cases.
Jiang Tianyong said that most of these lawyers were involved
in various human rights cases, especially Falun Gong cases.
Jiang believes that the Chinese regime failed lawyers
and firms in order to pressure other human rights lawyers.
On June 4, NTD contacted lawyer Wang Quanzhang,
who was denied annual renewal.
Wang said that BJB told him his document was incomplete,
thus they haven’t renewed his license.
Tang Jitian, a Beijing human rights lawyer whose
license was cancelled three years ago, said that
the Chinese regime’s annual license renewal
for lawyers is itself illegal.
He speculated that although this year’s licenses renewal
is closed, the authorities likely have coercively promised
those who were warned that if they accept authorities’ terms,
they will pass the annual renewal and can resume work.
Tang Jitian: “I guess the majority of these lawyers won’t
be stopped from working, but their job can be put on hold.
It depends on the changes of the situation in the
society and lawyers’ individual efforts.
The authority is the main thing, if they can achieve
their purpose of blackmailing these lawyers,
it is unnecessary to act openly as they did in the past,
and mostly they will act behind the scenes.”
On April 30, 2010, BJB cancelled lawyer
Tang Jietian’s practice license.
Tang said the Chinese regime tends to retaliate against human
rights lawyers and law firms via the annual license renewal.
Tang Jitian: “The authority won’t give any proper reason,
they just casually compiled one.
They won’t allow you to appeal and there is no openly
third-party independent system available;
if they want to find fault with someone,
they will make excuses.
When they revoked my license in 2010, they claimed
that I have ‘disrupted courtroom order’.
They inverted black and white.
The fact is that the court didn’t allow one party and
lawyers to carry on with law proceeding.
Then they falsely accuse me.”
Zhao Yuanming, law system expert, said that
as a country’s authority,
the Chinese regime’s use of this means to suppress
lawyers and law firms is very disgraceful.
Zhao Yuanming: “These lawyers didn’t abuse power
or (engage in) corruption.
These lawyers have mainly served to help dissidents
and help people who have beliefs.
In this regard, these lawyers have offended
the Chinese Communist Party.”
Zhao Yuanming said that although new leadership
took office,
and the Central Politics and Law Commission
has substituted members,
many are still implementing Jiang Zemin’s
suppression policy.
They used the annual license renewal
to make things difficult for lawyers.