【禁聞】不要逼我﹗刺死拆遷人員的罪與罰

【新唐人2013年12月20日訊】12月初江蘇蘇州一件徵地拆遷事件,釀成兩敗俱傷的血案﹗兩名拆遷人員被房主刺死,而房主日前被批准逮捕。綜合事發現場目擊者描述,導致衝突升級的直接因素是﹕房主的妻兒被拆遷人員暴力毆打,繼而引起房主的憤怒。而房主事發之前因自家房子拆遷的事,從2004年起開始上訪,今年還進京上訪兩次,並留下一份「遺書」,指稱遭「強迫簽字」。

對於12月3號發生刺死拆遷人員的經過,蘇州市高新區公安分局辯稱,拆遷人員是去「商談拆遷事宜」,但房主範木根的家人則認為,拆遷工作人員是要將64歲的範木根帶走,脅迫他在拆遷協議上簽字。因範木根不從,而發生衝突。

流血衝突就發生在範木根家門口。媒體報導,範木根的兒子範永海回憶,當他和幾名親戚趕回家裏,看到範木根被幾名拆遷人員架到門外小路,他們手裡都拿著可伸縮的鋼棍,「問都沒問,看到就打。」範永海的眼角被打傷。而範木根頭部被打,受傷倒地。範木根妻子為了護住丈夫的頭,用右手去擋鋼棍。事後醫院診斷她的右手手臂骨折。

據大陸維權律師劉曉原轉述,範木根表示,當時他的頭部被逼遷人員打了幾下,就順手從腰間拔刀往後刺了對方,又刺向打妻子的另一人。目擊者證實,範木根的妻、兒被打,引起範木根的憤怒。

大陸維權律師唐吉田:「據我對這個案情的了解,從法律上可以偏向於,就是一個正當防衛,他面對自己家人的權利受到這種嚴重威脅採取的行動,從法律上來講,我認為他是不應該負刑事責任的。」

12月16號,蘇州市虎丘區人民檢察院批准逮捕範木根,以「涉嫌故意傷害」對他刑事拘留。而動手打人的拆遷人員吳某、戚某、和孫某等6人,也因「涉嫌尋釁滋事」被虎丘區公安分局刑事拘留。

截至12月18號,已有1000多人在網上簽名,支持「無罪釋放範木根」的聯署活動。據中國《維權網》報導,活動持續受到社會各界回應,更有蘇州市民在街頭主動為范家募捐。

而劉曉原律師在微博中透露,範木根已簽署行政起訴狀,狀告虎丘分局指派輔警出警的違法行為,起訴狀17號下午已經由律師遞交到虎丘區法院。

據了解,事發前,戴白色頭盔的輔警已在事發現場,卻不阻止。

中國自由撰稿人劉逸明:「現在應該說事實是很清楚的,他是正當防衛,警方應該對他進行無罪釋放,而不是對他進行正式逮捕。」

據報導,今年10月,村幹部領著拆遷公司的工作人員來到范家,但雙方的談判並沒有談攏。隨後,範木根發現,自家玻璃在夜裡被人用磚塊砸壞,部分日用品被扔到井裡。範木根夫婦為了躲避拆遷人員騷擾,一度住到了親戚家。

北京維權人士肖青山﹕「我認為他那兩個土匪就應該把他殺掉,房子裡面那十幾人全部應該幹掉。如果在美國是可以拿起衝鋒槍把他全部殺掉。」

今年11月5號,範木根留下一份「遺書」說,遭到拆遷公司「強迫簽字」。

對於虎丘區公安分局在這起拆遷糾紛中,事前不作為,沒有保護房主,事後還偏袒拆遷公司,大陸維權律師唐吉田認為,公安分局明顯行政違法,應該受到調查,並追究相關人員責任。

劉逸明﹕「我覺得中國的司法是不能夠做到獨立的,很多時候司法機關都是在為政權保駕護航,如果是平民傷害官方人員,你是正當防衛也會被治罪,如果是官方的人員傷害了平民,很可能就是不了了之,或者就是從輕發落。」

劉逸明表示,對中國的法治不要抱太大的希望,因為在中共一黨專制的前提之下,中國的司法不可能做到獨立,平民老百姓只能成為任官方宰割的羔羊﹗

採訪/陳漢 編輯/周平 後製/李勇

Man Arrested for Stabbing Demolition Workers Defending Property and Family

On December 3, there was a forced eviction and
demolition incident in Suzhou City, Jiangsu Province.
The incident saw blood shed on both
sides of the conflict which resulted.
The owner of the property, who was arrested recently,
reportedly stabbed two demolition workers to death.
Witness accounts reveal why the situation escalated.

The owner’s wife and son were violently assaulted by the
demolition staff, which triggered the owner to become angry.
The owner began appealing in 2004
against his property being demolished.
He had twice appealed in Beijing in 2013.

He left a testament stating that
he was forced to an agreement.

Public Security Bureau fro the Suzhou High Tech New
Development Area reported that demolition workers went
to discuss the demolition with the owner, Fan Mugen.

However, Fan Mugen’s family members began arguing.

Demolition workers were forced
to take away 64 year old Fan.
They tried to force him to sign an agreement.
Fan refused, and conflict began to break out.

A bloody conflict took place at the gates of the property.
Local media reported recollections
of Fan Mugen’s son, Fan Yonghai.
When he and several of his relatives arrived at
the property, they saw his father being dragged
down a small path by some demolition workers.

The workers had retractable steel batons in their
hands and “violently attacked us without any questions".
The corner of Fan Yonghai’s eye was injured. His fathers
head was beaten, and he was lying on the ground, injured.
In order to protect her husband, Fan Mugen’s wife
used her right hand to resist a steel stick attack.
Afterwards, the hospital diagnosed
that her right arm had been broken.

Mainland Chinese human rights lawyer
Liu Xiaoyuan spoke about the incident.
Fan Mugen said that when his head was hit by the demolition
workers, he then took out the knife and stabbed the attacker.
He also stabbed another attacker, who had hit his wife.

Eyewitnesses confirmed that the assault
on Fan’s wife and son made Fan angry.

Mainland human rights lawyer Tang Jitian:
“According to my understanding of the
case, and from a legal perspective, I prefer
to see the case as a legitimate defense.
It is an action taken when his and his family
members’ rights were seriously threatened.
Hence, from a legal angle, I don’t think
he should receive a penal punishment."

On December 16, the Procuratorate of Huqiu District,
Suzhou Cityapproved the arrest of Fan Mugen.
Fan is detained under “suspicion of intent to injure".

The six demolition workers include
a Mr Wu, Mr Qi, and Mr Sun.
They are also all under detention, on
“suspicion of provocation and disturbance".

Up until December 18, more than 1000 netizens signed
an internet petition to “acquit Fan Mugen without charge".
According to the Chinese Human Rights Defenders website,
the event has seen active response from all walks of life.
Some Suzhou residents are actively undertaking
fundraising on the streets, to support Fan’s family.

Lawyer Liu Xiaoyuan commented on his micro-blog.

Fan Mugen signed an administrative complaint
on the illegal behavior of the assistant police.
These police were dispatched by the
Public Security Bureau in Huqiu District.
Liu delivered the complaint to Huqiu District
Court on the afternoon of December 17.

It is understood that before the incident,
these assistant police, armed with white
helmets, based themselves at the site.

However, they did not stop the attack
on Fan and his family members.

Liu Yiming, Chinese writer: “At
present the facts should be very clear.
Fan was legitimately defending his family, and the
police should acquit him rather, than arrest him."

It has been reported that in October this year, local village
officials led the demolition staff to visit Fan’s home.
Negotiations failed to reach an agreement.

Following the meeting, Fan found the windows in his
property had been damaged by bricks being thrown.
Some of his belongings had been thrown into a well.

He and his wife had to stay at their relatives
house for a while to avoid further harassment.

Xiao Qingshan, Beijing activist: “I think
these two bandits should be killed.
In the US, people can protect their property like that."

On November 5, Fan Mugen left a copy of a
testament, on which he says that he was forced
to sign an agreement by the demolition company.

Lawyer Tang Jitian commented on the lack of action
from police to protect the owner during the incident, and
on taking the side of the demolition company afterwards.
The local police station seems to have
behaved illegally, and should be investigated.

Liu Yiming: “I think the Chinese justice
system cannot be independent.
Most of time, the justice department
only supports the regime.
If a civilian hurts an official, he will be punished,
even if he undertakes legitimate defense.
If an official hurts a civilian, then the result
will be that probably nothing will be done,
or only a light punishment of the official."

Liu suggests not to expect rule by law in the current China.
Under the rule of the Chinese Communist Party, it is
impossible for a judicial system to be independent.
Ordinary people are at the mercy of the regime.

Interview/ChenHan Edit/ZhouPing Post-Production/LiYong

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