【新唐人2012年2月25日訊】重慶「打黑」期間,替所謂「黑社會頭頭」辯護,而被構陷入獄的北京律師李莊,出獄後為討回清白,將再赴重慶,要求法院重審。去年年底,李莊已經向最高法院提出申訴,但是最高法院要求他先回到重慶當地提申訴書。
李莊在接受《新唐人》採訪時表示,依照法律,他的案子是可以直接向最高法院申訴的。但是最高法院要求他回到重慶當地申訴。
李莊︰「最高法院讓我去重慶。他按照最高法院的慣例。但是,不是法律,是慣例。他是經過當地,每個省市自治區高級人民法院處理過了,如果你還不服,你再到最高來。這是他的慣例。」
李莊打算近期動身前往重慶,向重慶第一中院遞交再審申請書。
李莊︰「遞交再審申請書,它(法院)接到以後,按照規定一個月之內給我答復。如果是重慶一中院答復是駁回,那麼我拿著駁回的裁定去高院。高院接到申請以後也是一個月之內給我答復。答復以後如果還是駁回,那麼拿著重慶高院的裁定,再到北京的最高院。按這個程序走。」
在此之前,2月7號上午,李莊昔日助手馬曉軍和妻子起訴重慶警方,指控對方在調查「李莊案」過程中,涉嫌非法限制他們的人身自由。重慶江北區法院表示已收到相關訴訟材料和委託手續,但還沒有就是否立案表態。
對於這次重慶之行,李莊預計也將是困難重重。
李莊︰「不予受理,駁回,長期擱置,這些困難難以想像。」
但是他表示,再困難還是要走下去。
去年12月12號,李莊在自己的博客上發表文章「認罪背後的真相」,揭開了當年法庭上突然「認罪」的謎團,和「認罪藏頭詩」的奧秘。但是這篇博文隨即被刪。李莊擔心自己的微博和博客隨時可能被關閉。他說,「這種可能性很大」。
2009年,在重慶擔任公安局局長的王立軍大規模「打黑」,這期間,為被告龔剛模辯護的北京律師李莊,被指教唆龔剛模作假證供。在二審中,李莊由不認罪突然認罪,令輿論錯愕。但隨後,媒體記者破解李莊的「認罪書」是一首「藏頭詩」,藏頭的話連起來就是「被逼認罪緩刑」。
李莊最終被判一年半刑期,去年6月出獄。近期,李莊向《新唐人》表示,當時認罪是為了儘快出獄,找到證明自己無罪的證據。
而逮捕李莊的王立軍,2月6號投奔美國領事館,據國外媒體曝料,王立軍向美國領事館出示材料,內容顯示重慶市委書記薄熙來暗地聯合中央政法委書記周永康,要阻撓中共國家副主席習近平上臺。
重慶政壇風雲詭譎。「李莊打官司」是否會看到一絲曙光?我們將跟進報導。
新唐人記者秦雪、王明宇採訪報導。
Li Zhuang will Go to Chongqing to Appeal for His Innocence
Beijing lawyer, Li Zhuang, was sentenced to jail for
defending the so-called “Gangster” in Chongqing.
Now out of prison, he plans to appeal for his innocence
in Chongqing.
At the end of last year, Li Zhuang appealed to the Supreme
Court, but the court asked him to return to Chongqing for appeal.
Li Zhuang told NTD that according to Chinese Law,
his case can be appealed directly at the Supreme Court level,
but the Supreme Court asked him to go back to Chongqing
to raise a local appeal.
Li Zhuang, “The Supreme Court asked me to go to Chongqing
with the excuse that ‘it is customary’.
But it’s not the law, it’s only customary that the appellant
go through the provincial Higher People’s Court.
If you disagree with the decision, then you can go to the
Supreme Court.”
Li Zhuang plans to go to Chongqing soon to submit a petition
for retrial to Chongqing First Intermediate People’s Court.
Li Zhuang, “After receiving the petition, the court will respond
with a decision within one month.
If it’s negative, I need go to the Higher Court with that
rejection letter.
The Higher Court will also make a decision within one month.
If it’s rejected again, I can go to the Supreme Court in Beijing
with the final decision of the Higher Court.
This is the process.”
On the morning of February 7th, Li Zhuang’s wife and
his former assistant, Ma Xiaojun, sued the Chongqing Police,
accusing them of illegal restriction of their freedom
during the investigation against Li Zhuang.
Chongqing Jiangbei court confirmed that they received
the litigation materials and commission procedures, but didn’t decide whether or not to place it on file.
Li Zhang estimates that he will face many difficulties gearing
up for the Chongqing trip.
Li Zhuang, “(The case) may be rejected or set aside long-term,
and all these difficulties are hard to imagine."
But he said he will insist on going through the process no
matter how difficult it is.
On December 12th, 2011, Li Zhuang posted an article on his
blog entitled “the truth behind the guilty plea.”
He exposed the reason why he plead guilty in court suddenly,
and said that his confession statement was in the form of an acrostic poem.
But his blog post was deleted immediately, which makes Li
Zhuang worried that his micro-blog will be closed any time.
He said, “It’s very possible.”
In 2009, when Wang Lijun was the chief of Chongqing Police,
he initiated a large-scale so-called “anti-triad” activity.
Li Zhuang was in Chongqing to defend Gong Gangmo,
but was accused of supply perjury to abet Gong.
In the second trial, Li Zhuang suddenly plead guilty,
surprising the public.
Then some reporters found that a poem inside Li’s
confession statement , which says he was “forced to plead guilty.”
Finally, Li Zhuang was sentenced to a one and a half year jail
sentence, and was released from prison in June of last year.
Recently, Li Zhuang told NTD that he plead guilty in order to
be released from prison as soon as possible, after which he can have chance to proof his innocence.
Wang Lijun, who arrested Li Zhuang, fled to the U.S.
Consulate on February 6th.
According to foreign media, Wang Lijun exposed many
documents while at the U.S. Consulate, including evidence
showing that Chongqing Party Secretary Bo Xilai joined efforts
with the Central Politics and Law Committee secretary Zhou
Yongkang to secretly obstruct the Vice President Xi Jinping’s
rise to power.
Chongqing’s political situation is unpredictable.
Whether Li Zhuang’s case can be treated fairly or not is
uncertain.
We will follow up with a report.
NTD Reporters Qin Xue and Wang Mingyu