【新唐人2013年07月06日訊】大連13名法輪功學員「安鍋案」，因為中山區法院沒有提前三天將開庭通知送達律師，10名律師拒絕出庭。法院因此宣佈擇期再審。因為法庭多次違法審理，律師前往大連市檢察院要求司法監督，檢察院回覆說，跟法輪功相關的案件，一律不接受投訴。律師質問：到底誰是邪教？

6月21號，大連市西崗區法院曾經針對此案開庭，那天庭審進行了12個小時，但是因為材料和被告人數太多，並且有三名法輪功學員身體虛弱，站立不住，在律師的強烈抗議下，法庭宣佈休庭，擇日再審。

7月3號，包括陳建剛在內的律師們收到通知，通知說﹕7月5號上午8點半再次開庭。律師們認為，這違反了提前三天通知律師的法律規定，因此決定拒絕出庭，並且在3號統一告知法庭。

中國律師陳建剛：「他們的做法嚴重侵害了當事人在訴訟當中的辯護權，存在很多很多的違法現象，比如，沒有依法向被告人、辯護人提前三天送達訴訟文書，通知開庭﹔合議庭的組成不符合全國人大的規定﹔還有在庭審當中，審判員居然要求書記員對有些內容不要記入筆錄。這都是完全違法的。」

另外一個違法之處是，法官擅自決定對兩名生病的法輪功學員另案處理。

依照法律，只有在人數眾多的情況下，並且有一部分被告人身體有問題時，可以有兩種選擇，一是，整個案件終止審理，二是，對這部分有病的人，終止審理，另一部分人繼續審理。但是，陳建剛說，西崗區的法官當庭決定，對這兩名被告進行另案處理。

陳建剛表示，這樣做沒有法律授權，法官沒有這個權利。

7月5號上午11點，記者致電律師陳建剛，他說剛剛得到消息，法庭宣佈審理延期。

陳建剛：「他們開會的時候，大連那邊派人說，今天開庭通知不到，那就明天開吧。他們這幫人現在已經到了明目張膽的地步了。為甚麼今天沒能開？不就因為你們沒有合法的送達通知書和傳票嗎？如果你們再安排明天開庭，那你連通知和傳票都不送達啦？更不要說合法送達了。有北京那邊來的高層官員提醒，你明天開庭，你憑甚麼明天開庭？你明天開庭的傳票你們送了嗎？」

這天的庭審，律師們雖然沒有去法院，卻直奔大連市檢察院，他們對中山區和西崗區的幾名法官提出投訴，要求檢察院對法院進行司法監督。但是檢察院拒絕受理。

陳建剛：「他們經請示他們的領導，領導說了，和法輪功相關的，我們一律不接受投訴。領導的說法可以對抗國家的法律，那麼到底誰是邪教？那你是不是一句領導的說法，你就可以公然的違法，踐踏國家的法律？和他們爭執了老長時間，他們落荒而逃。」

因為法官處處違法，律師們還要求更改審理的法院。

陳建剛說，在接下來的代理過程中，律師們將要求不僅僅在實體上要公平公正，而且在程序上，一定要恪守程序法對於被告人和辯護律師各種權利的保護。

陳建剛：「因為公民個人的權利，訴訟的權利，都是通過點點滴滴才能體現的。如果一點一點剝奪了被告人、辯護人的權利，完全沒有公平可言。所以我們要求，法院和檢察院控方，要合法，要守法，要依據法律來辦事。」

去年7月6號，大連市「610」組織夥同各公安分局、派出所、街道社區等，對法輪功學員進行了一次大規模的綁架，主要針對參與安裝《新唐人》衛星電視接收器的近百名法輪功學員。這些法輪功學員遭到非法抓捕、抄家、關押，和殘酷折磨。後來，有10多人被非法勞教，28人被非法批捕。其中13名被中共認為的「技術人員」被提起公訴。

採訪編輯/秦雪 後製/周天

Court Flouts The Law: 10 Lawyers Refused Permission to

Appear At Trial

13 Falun Gong practitioners were recently

prosecuted in Dalian for installing satellite dishes,

used by local residents to receive NTD Television.

The court didn´t send advance notices

to the lawyers as is legally required.

10 lawyers were refused permission to appear

in court, and the trial has been postponed.

The court involved in the case has openly

flouted the law many times.

The lawyers applied for judicial supervision by

the Procuratorate of Dalian City, but were rejected.

The Procuratorate replied that they reject

all complaints concerning Falun Gong-related cases.

One of the lawyers asked,

“Who exactly is practicing a cult?”

The Court of Xigang District in Dalian

heard the case on June 21.

Three Falun Gong practitioners were too weak to

continue being present at the 12-hour hearing.

Under the lawyers´ strong protests,

the court adjourned the trial until a later date.

On July 3, the lawyers, including Chen Jiangang,

were informed that the trial will continue on July 5.

The lawyers collectively refused to appear in court,

as advance notices of the hearing

should have been given to them three days

before the start of proceedings, according to law.

Lawyer, Chen Jiangang: “They´ve seriously violated

our clients´ rights to organize adequate defense.

Besides this, the court failed to send the lawyers

litigation documents three days in advance.

The collegial panel´s formation also didn´t follow

the relevant regulations.

During the trial, judges even prevented the

court clerk from making complete court records.”

Furthermore, the judge illegally decided to

try the case of two sick Falun Gong practitioners, but separately.

According to law, two options exist when

a case involves too many parties, and when

some defendants have health problems.

The whole case shall be terminated;

or the judge shall decide to terminate

the trial of the sick defendants,

while continuing with those remaining fit to be tried.

Lawyer Chen Jiangang said the court´s action

flouted the Law in this case,

the judge having no right to proceed in this manner.

On July 5, lawyer Chen told NTD that he had just

been informed, that the trial had been postponed.

Lawyer, Chen Jiangang: “They held a meeting

to postpone today´s trial until tomorrow.

These court officers have violated the law

openly and brazenly.

Why did the trial have to be postponed today?

They hadn´t made legal deliveries of

the notices and summonses.

Now they´ve decided to hold the trial tomorrow,

but without sending us any notice or summonses,

in good time, as required by law.

A senior Beijing official has warned them

that this is illegal practice.”

The lawyers didn´t show up at the trial, but brought

an action to sue several judges concerned.

The lawyers have asked the Procuratorate of Dalian City

to exercise legal supervision over the proceedings,

at the time of writing, their request has been

flatly rejected by the Procuratorate.

Chen Jiangang: “Their leader replied that

the case is related to Falung Gong.

He said. 『We』ve never accepted complaints

against cases of this sort.’

This is an overt act against the law,

so who exactly is practicing a cult?

We argued with them for a good while,

and they had no word and run away.”

In the light of the judges´ flagrant breach of the law,

the lawyers have asked for a change of

court to continue the case.

Lawyer Chen Jiangang says that, in the next

proceedings, the lawyers will strive for integrity.

The lawyers will use well the procedural rights to

protect the defendants and themselves, he says.

Lawyer Chen Jiangang: “Citizens have citizen´s rights,

these include rights to conduct litigation.

If these rights are going to be infringed little by little,

then there is no fairness, or justice to speak of.

So we´ve pressured the court, and the procuratorate,

to handle the case in an acceptable and legal manner.”

In July 2012, Dalian´s 610 Office launched massive

abductions of local Falun Gong practitioners.

Local police authorities, police stations and

neighborhood committees joined in the action.

The kidnapping targeted Falun Gong practitioners who had installed satellite dishes for local residents to watch NTDTV.

A group of Falun Gong practitioners were taken

away by the police, their houses were illegally searched.

Over a dozen of them were sent to

re-education-through-labor centers,

another 28 practitioners were

unlawfully arrested in the action.

13 of these Falun Gong practitioners were

prosecuted for being “technical staff".