【新唐人2012年8月21日訊】8月20號,谷開來涉嫌殺害英國商人海伍德一案宣判。不出大多數媒體和輿論的預料,谷開來被判處死緩。評論認爲,案情疑點重重、前後矛盾,中共司法系統仍以保護官僚犯罪的死緩判決,來掩蓋背後更大的罪惡,不過,也不排除胡溫故意把谷開來作為活口,留下來對江系「血債派」產生一種震懾的作用。下面請看分析報導。
20號上午7點,載著谷開來的囚車車隊就已經抵達合肥中級人民法院,公安在法院門外架起了封鎖線,同時還有便衣把守。
9點40分左右,香港媒體率先傳出消息:谷開來被判死緩,被控與谷開來合謀殺人的張曉軍被輕判9年刑期。
中共喉舌媒體《新華社》直到下午1點28分才發出通稿,披露審判詳情。
《新華社》聲稱,包括被告人谷開來和張曉軍部分親友、英國駐華使館官員、人大代表和各界群眾在內的一百多人參加了旁聽。被害人海伍德親屬委託的訴訟代理人也到庭聆聽判決。
審判長胡權明在上午9點宣佈開庭後,宣讀了刑事判決書。谷開來和張曉軍兩人當庭表示不會上訴。
另外,四名被控包庇谷開來的前重慶警方高官,也分別被判處5到11年有期徒刑。
曾經擔任歷史學教授的劉因全也表示,中共把這個案子定性為普通刑事案件,刻意迴避了貪污問題,和大連屍體加工廠把法輪功學員當標本的「反人類」罪行。
8月9號,庭審只用了7小時審理谷案。當局聲稱,犯罪證據確實充份,谷開來對所控罪名全部接受。
不過,美國《華爾街日報》引述海伍德的數名朋友,和中國多位知名公眾人物的話指出,當局對海伍德被謀殺的過程和原因,說法存在信息遺漏、模稜兩可和前後矛盾之處。報導說,隨之,中共領導層受到越來越多的質疑。
北京律師唐吉田也表示,案件最大的缺陷就是:從程序上有諸多的疑點沒有排除,事實認定不足。
《路透社》報導指出,根據中國的慣例,如果谷開來未來兩年在獄中不出現問題,相信她的死刑判決將被減為「無期徒刑」。
時事評論員李天笑還認爲,不排除胡溫故意把谷開來作為活口留下來,對江系「血債派」產生一種震懾的作用。而中共現在處於一種風雨飄搖、即將崩潰的狀態,也需要谷開來以承擔刑事罪的方式來掩蓋中共對法輪功的迫害罪行。不過,李天笑說,這個不公平的審判,終究不會是一個最終的審判,將來正義大審判的時候,谷開來、薄熙來、江澤民和周永康等人的滔天罪行,都將受到徹底的清算。
採訪/劉惠 編輯/李明飛 後製/君卓
Gu Kailai Gets Suspended Death Sentence
Kailai, wife of Bo Xilai, has received a suspended death
sentence after being found guilty, on August 20, of murdering UK businessman Neil Heywood.
Media and public opinion expected this verdict.
Comments have focused on remaining
doubts and inconsistencies in the case.
The Chinese Communist Party (CCP) judiciary is thought
to use suspended sentences to hide greater evils.
It cannot be excluded that Hu Jintao & Wen Jiabao have
deliberately kept Gu Kailai alive in order to shock and awe Jiang Zemin’s blood-debt faction.
Gu Kailai was transported in a prison van to Hefei
Intermediate People’s Court at 7am on August 20.
A cordon was set up outside the courthouse,
and guarded by plainclothes police.
At around 9:40am, Hong Kong media were first to report
that Gu Kailai was given a suspended death sentence.
Gu’s accomplice, Zhang Xiaojun,
was sentenced to nine years in jail.
Official CCP Xinhua News Agency did not release
reports on the case verdict until 13:28 that day.
This official news reported that over 100 people
attended the verdict announcement.
Attendees included relatives and friends of the accused
Gu and Zhang, as well as British Embassy officials.
Neil Heywoods relatives had appointed
an agent ad litem, who was present in court.
The court was opened at 9:00 am,
followed by the verdict announcement.
Both Gu Kailai and Zhang Xiaojun declined to appeal.
Four former Chongqing senior police officers,
who were accused of harboring Gu Kailai,
were given jail sentences of between 5 and 11 years.
Chen Yongmiao, Constitutional scholar:
“The verdict didn’t surprise me at all. Why?
China’s judiciary generally was biased towards officials.
It especially protects princeling criminals.
If Gu Kailai was given the death penalty, other
princelings may one day face the same sentences.
This would mean they would face immediate execution,
so the authorities would not break their rules.”
Former history professor Liu Yinquan, commented
that the case was classified as an ordinary crime.
Liu said that it intentionally dodged issues of corruption
and “crimes against humanity” behind the scene.
The Dalian corpse processing plant was reportedly
implicated in making human body specimens by using Falun Gong practitioners.
Liu Yinquan: “The CCP’s trial was very unfair.
Its judiciary is too evil, so I appeal that the case is pursued
further until evidence is found of Bo Xilai’s involvement.
Jiang Zemin, who was behind Bo Xilai, should not be let go.
Jiang’s policy of persecuting Falun Gong instigated
fascists like Bo Xilai to commit crimes against humanity."
On August 9, the court spent 7 hours in hearing Gu’s case.
The CCP authorities alleged that there was ample criminal
evidence, and Gu Kailai accepted all criminal charges.
In contrast, the Wall Street Journal quoted sources from
Neil Heywood’s friend and prominent Chinese figures.
It stated that the CCP’s claims regarding the process
and reasons for Neil Heywood’s murder contained omissions.
They were ambiguous and inconsistent.
The news report stated that doubts have been
increasingly raised about the CCP leadership.
Beijing-based lawyer Tang Jitian
pointed out the biggest flaw in the case.
Many procedural doubts were not ruled out,
and there was insufficient fact finding.
Tang Jitian: “Now the result has come out.
But personally, I haven’t focused on its legal verdict.
In this case, non-legal factors have
actually played the greater role.
Although the authorities interpreted it as a criminal case,
it wasn’t really handled following criminal procedure law.”
Reuters reported that, “almost invariably in China, such
suspended sentences are commuted to long prison terms.”
Critic Li Tianxiao (Ph.D. in political science, Columbia Univ.):
“This is a very unfair thing, because the CCP actually used the suspended death sentence to cover up greater evils.
That is, her involvement in organ harvesting
from live Falun Gong practitioners, and sale of their body specimens for profit.
This is an evil that has never been
committed ever on this planet.”
Li Tianxiao adds that this does not rule out that
Hu Jintao & Wen Jiabao deliberately kept Gu alive
to shock and awe Jiang Zemin’s “blood-debt faction”.
The CCP is now precariously facing an imminent collapse.
Li Tianxiao said the CCP’s criminal persecution of Falun Gong
needed to be covered up with Gu Kailai’s criminal sentence.
While Li Tianxiao believed that such an unfair trial
will not be the final judgment in the real sense.
Li Tianxiao remarks that all the torrential guilt of what has
been committed by Gu Kailai, Bo Xilai, Jiang Zemin
and Zhou Yongkang, as well as other CCP officials,
will be subject to Heaven’s final Grand Judgments.