【禁聞】律協落井下石 被污名律師訴諸法律

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【新唐人2014年07月03日訊】「中華全國律師協會」週一在《法制日報》發表聲明宣稱:唐吉田、王成、江天勇等律師是已經被吊銷律師執業證人員,所從事的活動與律師行業無關。對此,維權律師王成、唐吉田和江天勇等發聲,抗議「律協」的污名,其中王成律師己於7月2號訴諸法律行動。

「中華全國律師協會」會員部,6月30號在中共政法委機關報《法制日報》發表聲明宣稱:「唐吉田、劉巍、鄭恩寵、唐荊陵為已被吊銷律師執業證書人員,王成、江天勇、滕彪為已註銷律師執業證書人員。上述人員都不是律師,他們所從事的活動與律師行業無關。」

廣東律師唐荊陵因發起「公民不合作」等多項人權活動,在「六四」25週年前夕,被當局以涉嫌「煽動顛覆國家政權罪」逮捕,目前仍在獄中。

7月2號,浙江維權律師王成向《新唐人》表示,到今天為止,浙江省司法廳並沒有向他調查有關註銷他律師執業證的情況,也沒有通知他的執業證書將被註銷。

浙江維權律師王成:「既然浙江司法廳它沒有一個合法的程序註銷證書,也從來沒有通知過我,那意味著我仍然是一個合法的職業律師,我覺得全國律協和《法制日報》這樣做是非常不合適的,它們絕對是一種侵犯了我的名譽權的行為,我今天下午已經向北京市人民法院快遞寄去了訴訟,要求他們賠理道謙。」

7月1號,北京維權律師唐吉田在網路上發聲明說,他從事律師工作後,因辦理異議、信仰等人權案件、和推動律師行業自治,併發起「北京律協直選」等,而觸怒當局。北京市司法局於2010年5月吊銷他的執業證。

當年9月9號,唐吉田針對律師執業證被吊銷,向北京市西城區法院提起訴訟,但法院拒不受理也不出具任何書面決定,直到今天,他的訴權仍被剝奪中。這些年來,他仍然以公民身份參與人權案件,為他人提供力所能及的法律援助,也從沒刻意隱瞞過沒有執業證的事實。

對於「律協」發表的聲明,唐吉田氣憤的說,「中華全國律師協會」本應該是在律師們受到構陷、刁難的時候,站出來維護律師權益的組織,如今卻落井下石,充當報復、迫害律師的「急先鋒」。

北京維權律師唐吉田:「今天中國律師面臨的局面,恐怕在前蘇聯或者其他集權、威權的社會都沒有過,非常典型、也非常極端,本人雖然職業證被吊銷,但我通過真實的考試取得了政府頒發的法律職業資格證,我仍然具有法律人的身份,依據法律,我以公民這樣一個角色,也可以進行法律活動。」

2009年4月27號,唐吉田和劉巍兩位維權律師,為四川省瀘州市法輪功學員作無罪辯護,司法局於2010年的律師年檢期間吊銷了他們的執業證。

每年4月或5月,各地的司法局都會利用對律師或律師事務的年檢制度,來逼迫維權律師。許多維權律師因代理被中共認為敏感的案件,失去了從業資格。

北京維權律師江天勇因參與愛滋病感染者的維權行動,以及幫法輪功學員維權等案件,於2009年失去了律師執業證。

北京維權律師江天勇:「司法局的說律師事務所不給我年檢,找到律師事務所,律師所說是司法局不給我年檢,實際上我知道真正的原因就是司法局的這種意思,主要是對我在此前的活動中參與多種維權,他們也多次對我本人,對我當時所在的律師事務所打招呼,而且到最後通過多次警告說,如果再不聽他們的勸阻的話,就不給我考核等等。」

江天勇指出,司法局每年對律師和律師事務所進行的年檢或年度考核,早已淪為它們斂財和打擊維權律師的一種手段,「律協」也淪為了它們的幫兇。

今年3月,唐吉田、江天勇、張俊傑、王成4名律師,與被非法關押在黑龍江建三江「青龍山洗腦班」的法輪功學員家屬,到洗腦班要求放人,卻被當地公安行政拘留,期間,他們遭受酷刑折磨,4位律師共被打斷了24根肋骨。之後,4位律師又遭到當局不同程度的報復和打壓。

採訪編輯/李韻 後製/陳建銘

Human Rights Lawyers Take Legal Action Against Defamation

The All China Lawyers Association (ACLA)

issued a statement via China’s Legal Daily.

It stated that lawyers Tang Jitian, Wang Cheng and Jiang

Tianyong’s practicing licenses have been revoked.

The ACLA will not be responsible

for their individual activities.

Thus, Wang Cheng resorted to legal action against

the ACLA on July 2 as a form of protest.

On June 30, the ACLA stated on Legal Daily that the licenses

of Tang Jietian, Liu Wei, Zheng Enchong and Tang Jingling

have been revoked.

Wang Cheng, Jiang Tianyong and Teng Biao’s staff licenses

were also cancelled.

“They are no longer lawyers, and the ACLA will not be liable

for any activity they are involved in,” the ACLA declared.

The regime arrested Guangdong lawyer Tang Jingling

before the 25th anniversary of June 4 due to his participation

in several human rights activities.

Tang was accused of inciting subversion of state power

and is currently being detained in jail.

Zhejiang lawyer Wang Chen told NTD Television that so far,

the Zhejiang provincial Department of Justice has neither

investigated the incident, nor informed him of the cancellation

of his license.

Wang Cheng: “Zhejiang Department of Justice didn’t follow

legal procedure to cancel my license, they didn’t inform me.

Thus, I am still a legal lawyer.

I think the ACLA and Legal Daily are being unreasonable,

they have absolutely slandered my reputation.

This afternoon, I posted the lawsuit request

against the ACLA to Beijing People’s Court.

I am requesting their apologies.”

On July 1, Tang Jitian published an online statement.

He said that since becoming a lawyer, he handled human

rights cases, pushing forward reform for the independence

of the attorney profession.

He also launched a campaign for ACLA elections and more,

thus touching a nerve of the Chinese Communist Party (CCP).

Beijing Department of Justice revoked

his practicing license in May of 2010.

Tang Jitian filed complaints to Bejing’s Xicheng

District Court in September 2010.

However, the court neither accepted the case

nor issued a formal letter of refusal.

He still hasn’t been able to file his case.

For many years, Tang has taken on

human rights cases as a citizen.

He has provided legal support for others.

He has never concealed the truth and for that

he lost his license.

Regarding ACLA’s statement, Tang angrily said that it’s the

ACLA’s job to support lawyers when they face defamation.

Now on the contrary, the ACLA insults,

retaliates against and persecutes lawyers.

Tang Jitian: “The current situation lawyers face would never

have occurred in Soviet Union or other tyrannical regimes.

It was very typical and very extreme.

Although my license has been revoked, I have actually passed

the exam and have received the certificate of law

approved by the government.

I still legally hold the profession of lawyer.

According to the law, I can carry on legal activities

as a citizen.”

On April 27, 2009, Tang Jitan and Liu Wei defended

Falun Gong practitioners in Sichuan.

In 2010, their lawyers’ licenses were revoked during

the annual assessment.

Every year in April or May, the Department of Justice

takes the annual assessment as an advantage to pressure

human rights lawyers.

Many lawyers’ licenses have been revoked

because they took on “sensitive cases.”

Jiang Tianyong’s license was confiscated in 2009

due to his participation in AIDs human rights events.

He also defended Falun Gong practitioners.

Jiang Tianyong: “The Department of Justice says

it was the ACLA that didn’t approve my license.

So I spoke to the ACLA, but the the ACLA says

it was Department of Justice that didn’t give the approval.

Actually I know the true reason.

Due to my participation in several human rights events,

the Department of Justice has warned me many times.

Lately they threaten me that if I don’t listen to them,

they won’t arrange the assessment for me.”

Jiang Tianyong says that the Department of Justice’s annual

assessment has become a method of taking personal gains

and attacking human rights lawyers.

The ACLA has become their ally.

In March, Tang Jitian, Jiang Tianyong, Zhang Junjie

and Wang Cheng went to a brainwashing center

in Heilongjiang Province with Falun Gong practitioners’

family members.

The four lawyers requested the release of Falun Gong

practitioners, and were consequently detained.

While in detention, they encountered brutal torture.

The four lawyers were beaten resulting in broken ribs.

Later, retaliatory measures were taken

against the four lawyers.

Interview & Edit/liyun Post-Production/chenjianming

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