【新唐人2013年09月05日訊】最近，中國大陸黑龍江依蘭縣法院法官遭到了8名律師的聯名控告，律師們一致要求罷免包括依蘭縣法院法官，以及副庭長在內的多名庭審人員的職務。律師們指出，上述人員濫用職權，採用各種手段阻止律師為法輪功學員做無罪辯護，已經違法了《法官法》，當局應當依法追究相關責任。
據《明慧網》報導，8月15號，7名北京律師以及1名廣東律師聯名控告黑龍江省依蘭縣法院呂守芳法官等人，在今年6月到9月間的多次審判法輪功學員過程中，採取了阻止律師進入法庭、拒絕送達起訴書、阻止閱卷、不通知開庭、非法搜查、威脅恐嚇、打斷律師發言，甚至在律師的麥克風上做手腳等非法手段，阻止律師為法輪功學員做無罪辯護。
北京道衡律師事務所律師郭海躍：「這個法官從法律上說，我們認為他有好多違反《法官法》和法官職業道德的，比如說他開庭的時候，他不讓我們講話，有好多話題不讓律師說，說就打斷。安檢的時候，法律上有規定，律師是不應該安檢的，但是他要強行安檢我們的東西，甚至把我隨身攜帶的這些衣服全都一件件抖出來。」
另外，依蘭法院刑庭法官及副庭長張安克、法官呂守芳，還要求律師們前往依蘭縣司法局驗證審查，確定律師不是法輪功修煉者後，才能批准辯護。
郭海躍：「更可惡的是，我們要求閱卷、要求出庭的時候，他居然把我們支配到司法局，說法院有權力去核實我們的身份，這些行為都是不合法的。」
律師們認為，依蘭縣法院的上述做法是在濫用司法權剝奪辯護權，嚴重的破壞了國家審判制度和律師辯護制度。
依據大陸《法官法》第三十二條，法官不得徇私枉法；不得濫用職權，侵犯自然人、法人或者其他組織的合法權益；不得玩忽職守，造成錯案或者給當事人造成嚴重損失。對此，8名法輪功辯護律師聯名向依蘭縣人大常委會遞交了建議書，要求依法免除刑庭副庭長審判員張克安、審判員呂守芳及合議庭其他有關成員的職務。
此外，據報導，在今年的7月31號以及6月17號，依蘭縣法院曾3次非法開庭審理了多名法輪功學員。律師們認為，幾次庭審中的當事人基本涉及一些共同事實，完全可以一次庭審，但卻被依蘭縣檢察院違法拆分。
郭海躍：「這個案子應該是十幾個人，然後他把這個案子拆成好幾份，一共13個人他拆成4、5個案子來審理。」
依蘭縣法院在幾次庭審期間手段盡出，不但使律師們無法有效履行辯護職責，更是阻止法輪功學員自我辯護和家屬辯護，破壞法律實施，因此律師們在控告書上也向當局提出了糾正依蘭法院剝奪辯護權的違法行為的要求。
北京落輝敦煌律師事務所律師李長明：「有的地方刁難就是不讓你參與辯護，有的就是說卷宗不讓你複印，讓你摘抄。」
按照中國現行法律，沒有一條法律明確規定法輪功屬於邪教。因此，近年來，大陸有近百名律師以此為依據，為法輪功學員做了近千場無罪辯護。
李長明：「因為那個罪名呢，我們認為現在不構成犯罪嘛。因為它不符合兩個（犯罪）構成要件。」
律師們指出，定罪法輪功其實是違法中國《憲法》和法律的，因此法官才會想盡辦法阻止律師為法輪功學員做無罪辯護。但是，由於越來越多的法輪功學員和家屬掌握了相關的法律知識，自今年以來，大陸各地發生了多起被非法判刑的法輪功學員家屬或辯護律師控告法官枉法事件，不但引發了外界關注，也贏得了法律界和民眾的支持。
採訪/陳漢 編輯/張天宇 後製/葛雷
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Eight Lawyers Prosecuted Judges For Abusing Their Powers
Recently, eight lawyers jointly prosecuted officials from
Yilan County Court in Heilongjiang Province.
Lawyers requested the Chinese Communist Party (CCP) to
remove several officials including a judge.
Lawyers said that the officials had abused their power by using
all means possible to refuse Falun Gong practitioners a defense
of “not guilty” in court.
The officials’ behaviors violated the “Judges Law”.
The CCP should investigate those responsible.
On August 15, Minghui website reported that eight lawyers,
including seven from Beijing and one from Guangdong sued
Judge Lü Shoufang and other officials of Yilan County Court.
From June to September 2013, during the trials of Falun Gong
practitioners, lawyers were prevented from entering the court.
The court refused to deliver indictments, did not allow lawyers
to read case files, or notify lawyers of the starting date of trials.
The lawyers had illegal searches performed on them, including
threats, intimidation, their defense speeches interrupted in court.
The court even interfeared with lawyers’ microphones to stop
their debates being heard.
Guo Haiyue, lawyer in Beijing Daoheng Law Firm: “The judge
violated “Judges Law” and professional ethics of judges.
For example, in court, they didn’t allow us to speak.
We were not allowed to mention many topics; as soon as we
talked about a censored topic, they interrupted us.
Lawyers don’t need security checks by law, but they forced
us to be checked.
They checked my clothes I carried and took each one out.”
Zhang Anke, vice-president of the criminal court and judge Lü
Shoufang told lawyers to go to Yilan County Bureau of Justice.
After lawyers identified themselves as not being Falun Gong
practitioners, they were allowed to defend Falun Gong.
Guo Haiyue: “When we requested to read files of the case and
attend court, they sent us to the bureau of justice instead.
They said the court also needed to identify us,
all their practices are illegal.”
Lawyers believe that Yilan court has violated the law and
deprived people the rights to a defense.
It has severely damaged the justice system and the
lawyers’ defense system.
According to Judges Law Article 32, judges shouldn’t bend
the law for personal gain and shouldn’t abuse their power.
They shouldn’t infringe upon citizens, organizations
and their legal interests.
Judges must not neglect their duties, causing misjudgment
or serious damage to the plaintiff.
Regarding this, the eight lawyers submitted their proposal
to the Standing Committee of People’s Congress.
The proposal requests removing Zhang Anke, Lü Shoufang
and other officials who breached the law from their positions.
Sources said that Yilan County Court opened a trial of several
Falun Gong practitioners three times between June 17 to July 31.
Lawyers believe that plaintiffs had similar issues and facts, to
be classified as one case.
However, Yilan court illegally divided them up.
Guo Haiyue: “The case had involved quite a few people.
The court divided them into several cases.13 people were
separated into four or five cases.”
Yilan court used tricks in several trials, so lawyers can’t
effectively fulfill their duties.
The court stopped Falun Gong practitioners from defending
themselves, and didn’t allow their families’ to defend them.
The court damaged the implementation of law.
So in the proposal, lawyers requested the CCP to
correct Yilan court’s illegal practices.
Li Changming, lawyer in Beijing Luohui Dunhuang Law Firm:
“They make things difficult, to prevent you from participating
in the defense. For example, they said we can’t photocopy the
files, only allowing information to be written down by hand.”
In China’s current law, it isn’t stated anywhere
that Falun Gong is a cult.
So in recent years, many lawyers have defended thousands
of Falun Gong practitioners as not guilty.
Li Changming: “These so-called crimes, we don’t think they
are crimes.
As two elements can form a crime, they had neither.”
Lawyers said that to sentence Falun Gong practitioners
is against China’s law.
So judges used all means to prevent them from
defending Falun Gong as not guilty.
Now more and more Falun Gong practitioners and their
families have gained knowledge of law.
Since 2013, several incidents have taken place of Falun Gong
practitioners being illegally sentenced.
Their family or lawyers then prosecuted the judges.
It drew attention and it also won support from the
law society and the public.
