【新唐人2015年2月16日訊】最近,黑龍江牡丹江市愛民區法院在非法審理法輪功學員關日安、張玉堂的過程中,對聘請的辯護律師設置重重障礙,而對於當事人家屬也是百般刁難,甚至無所顧忌。當家屬懷疑法庭涉嫌違法時,法庭不僅不更正,還把她們強行拖出法庭。請看一下報導。
2月13號上午9點,當法輪功學員關日安、張玉堂案的辯護律師襲祥棟、石伏龍律師準備進入法庭時,卻被法警攔住,要求安檢。
辯護律師襲祥棟:「並且要求我們隨身攜帶的電腦要存放,不能帶到法庭,他說這是錄音錄像設備。然後我們肯定不同意,我們在哪個地方辦案,律師都是按照法律規定免檢的,直接進入法庭。再說我們的電腦,這是我們開庭必須的工具。」
辯護律師襲祥棟表示,法警根本不管法院牆上張貼的最高法院的規定。案件承辦官員姜冰冰還對他們兩位律師做了筆錄,說他們不配合安檢。承辦法官還威脅說,不儘快進入法庭,就被視為放棄辯護權。
對此,兩位律師據理力爭。直到上午10點,在法院副院長出面後,律師才被允許進入法庭。
襲祥棟律師還介紹說,今年1月,他們到牡丹江市愛民區法院要求閱卷時,姜冰冰就告訴說要配合法警安檢,並且查閱卷宗時只能摘抄,不能複製、拍照等。
而法庭在庭審中也涉嫌多次違法。
開庭前,法院沒有通知另外兩名辯護律師,唐吉田和江天勇。另外,法庭現場只允許當事人有兩名家屬旁聽。
辯護律師提醒,在另外兩名辯護律師沒有參加的情況下,開庭屬於違法。
對此,審判長不予理睬,還把抗議的關日安妻子趙欣逐出法庭。
法庭在開庭過程中還強行三次休庭,其中兩次休庭沒有任何理由,並且張玉堂、關日安還被帶出法庭十多分鐘,兩人返回法庭後,身體明顯發生了異常變化。
據當事人家屬透露,在上午開庭時,張玉堂是由法警扶著走進法庭的,關日安是自己走入法庭的,兩人看上去神智都很正常。關日安還問,為甚麼另外兩位辯護人沒有到場?
但到下午1點開庭時,張玉堂是用輪椅推進法庭的。關日安的反應明顯遲鈍,對律師的問話也不回答,張玉堂在宣讀自己的陳述詞時,明顯吃力。
審判長季明讓人給張玉堂拿水喝。但張玉堂喝下後,不久便言語不清,還痛苦地抱著頭。審判長讓醫護人員為他草草做了檢查,說一切正常,繼續開庭。
張玉堂的妻子張翠霞當庭站起來,對此表示抗議。但她被四、五名法警拖出法庭大門外。張玉堂對此也沒有任何反應。而在上次庭審期間,在張翠霞受到法庭不公待遇時,張玉堂當庭做了長時間抗議,與此次大不相同。
唐吉田律師認為,當局之所以對律師百般刁難,剝奪當事人和家屬的權利,就是因為當局底氣不足,想通過胡來讓家屬、律師知難而退,對他們的違法犯罪不再進行揭露。
律師唐吉田:「像關日安、張玉堂類似案子,嚴格來講它就不是案子。因為這只不過是官方以法律的名義,藉助法庭這樣一個空間或者這樣一個形式,把他們污名化、標籤化或者妖魔化的一種手段而已。」
關日安、張玉堂的遭遇,在中共對於大陸法輪功學員長達16年的迫害中,屢見不鮮。
唐吉田律師指出,關日安、張玉堂根本就構不成犯罪,他們是在行使公民的最基本權利。而構陷他們的那些人,才是真正的犯罪人員。
實際上,去年4月初關日安、張玉堂被當地國保大隊非法綁架後,5月初愛民區檢察院以證據不足駁回了對他們的起訴。
但在6月中旬,在沒有通知家屬的情況下,他們的案子卻在看守所秘密開了庭。
此後,看守所、法院還多次對家屬委託的代理律師刁難,致使家屬不得不更換律師。
唐吉田表示,是凡涉及到公民權利和公民政治權利的案件,往往被當局內部的人看成是「敵對勢力」,為他們辯護的人,也被當局視為「敵對分子」。所以,在這類案件中,法院不遵守法律任意作為,就成了常態。
採訪/陳漢 編輯/宋風 後製/李智遠
District Court in Mudanjiang Illegally Intimidated Lawyers and Expelled Defendant’s Family
A district court of Aimin District, Mudanjiang, Heilongjiang
Province recently illegal tried Falun Gong practitioners
Guan Rian and Zhang Yutang.
The court purposely created difficulties for defense
lawyers and defendants’ family members by sitting
in on the trial in an illegal and reckless manner.
When a defendant’s family member questioned the court’s
violation of law, she was forced out of the court by guards.
Let’s look at the following report to see what and why
the Aimin district court did what they did.
At 9 a.m. on Feb. 13, Xi Xiangdong and Shi Fulong,
defense lawyers for Falun Gong practitioners Guan Rian
and Zhang Yutang, were held by court guards and forced
to undergo security inspection at the court entrance.
Xi Xiangdong: “We were also required to leave the laptop
out of the court, as the guard said this is a recording
and videotaping equipment.’
Of course we didn’t agree.
Wherever we go, lawyers are exempt from security check
according to law.
Our laptop is also a necessary tool for our work
during trial."
Xi Xiangdong said court guards completely ignored
the rules issued by the Supreme Court which
were displayed on the court wall.
The judge Jiang Bingbing even placed inquisition records
on them, claiming that the lawyers did not follow
security inspection rules.
The judge further intimidated lawyers by claiming that they
would be regarded as giving up defense rights if they did not
enter the court immediately.
The two lawyers tried their best to argue the issue.
At 10 a.m., they were finally given access to the court
after the court’s vice dean intervened.
Xi Xiangdong futher revealed the story when they visited
the district court this January to read case records.
At that time, Judge Jiang Bingbing also told them that
lawyers had to undergo security check, and only allowed
the lawyers to take manual notes instead of taking
photos or making copies of the documents.
The Aimin district court is also accused of conducting
many illegal procedures during the trial.
Two more defense lawyers, Tang Jitian and Jiang Tianyong,
were not notified of the trial.
The court also allowed up to two family members for each
defendant to sit in on the hearing, which is also unlawful.
Defense lawyers Xi and Shi reminded the judge that
holding a court session without the other two lawyers
is violation of law.
However, the chief judge ignored the warning, and further
expelled Zhao Xin, defendant Guan Rian’s wife,
from the court during the trial.
The judge forcibly stopped the trial three times,
without any reason for two of the stoppages.
During recess, Zhang Yutang and Guan Rian were
taken out of the court for over 10 minutes.
When the two defendants returned to court, their
mental status had significantly changed.
According to family members of Zhang and Guan,
Zhang Yutang was aided by court a guard when entering
the court and Guan Rian walked in by himself.
Both appeared to be in a good mental state.
Guan Rian also asked why the other two defense lawyers
were not present.
However, when the trial re-convened at 1 p.m.,
Zhang Yutang had to use a wheelchair to enter the court;
Guan Rian looked sedated and frequently gave no
response to lawyers’ questions.
Zhang also struggled when reading
his defense statement.
Chief judge Ji Ming asked Zhang to drink some water.
However Zhang could hardly speak soon after that,
holding his head in pain.
The chief judge demanded a hasty medical examination
but then continued the trial, announcing that,
“nothing is wrong with Zhang’s health."
Zhang Yutang’s wife Zhang Cuixia stood up to contest
the court decision.
However, she was forced out of the court
by four or five guards.
Zhang Yutang did not react to the incident.
During the previous hearing, Zhang had acted very
different as he protested for a long time
when his wife was violently treated.
Lawyer Tang Jitian commented that the court tried all
possible ways to obstruct lawyers’ work as well as suppress
rights of defendants and their families.
The authority intended to scare away lawyers and
defendants to stop them from uncovering the party’s
crimes and unlawful acts, said Tang.
Tang Jitian: “Strictly speaking, Guan Rian
and Zhang Yutang’s cases are not really legal.
The authority simply tries to defame and demonize these
practitioners in the name of law and in the form of trial."
The experience of Guan Rian and Zhang Yutang has been
frequently seen during the Chinese Communist Party’s (CCP)
16-year persecution of Falun Gong.
Tang Jitian commented that Guan Rian and Zhang Yutang
were executing their basic citizen rights.
Guan and Zhang committed no crimes while those making
false charges are the real criminals, said Tang.
The fact is, after Guan and Zhang were illegal abducted
by local state security officers last April, Aimin district
procuratorate had dimissed the appeal against them
in May due to “insufficient evidence."
However, in mid-June, a secret hearing on their cases
was held in the detention center without their families
being notified.
Since then, the district detention center and court
purposely created obstructions for previous defense
lawyers of Guan and Zhang.
Their families had to look for other lawyers.
Tang Jitian commented that any defendant involved in civil
rights and citizen’s political rights issues is regarded
as a “hostile force" inside the CCP.
Lawyers defending those people are also regarded
as “hostiles."
Thus, it has become normal to see court acting recklessly
without following any rule when handling this kind of case.
Interview/ChenHan Edit/SongFeng Post-Production/Li Zhiyuan