【新唐人2013年03月22日讯】日前,中国沈阳新民市法院,准备对法轮功学员潘友发非法庭审,当法官知道律师安排证人准备出庭作证时,立即取消庭审,下面就让我们去看一看:法院为什么这么做﹖
18号,新民市法院开庭,律师的辩护内容是:“信仰法轮功合法,传播法轮功真相合法”。 当律师告知法院人员,“已取得数人的证词,这次庭审是构陷,证人会出庭作证”时,法官立即惊慌宣称:“你们有证人,怎么不事先告知,今天不开庭了”。
去年8月底,潘友发去朋友胡林家做客,一群人强行闯入胡林家中,将两人打伤,还诬陷潘友发持刀伤人,强行将两人戴上背铐,并且把胡林家中洗劫一空,将两人绑架到看守所。
被绑架后,潘友发被新民当局构陷三项罪名:1,“到朋友家串门”;2,“用水果刀袭警”;3,“10年前传递过法轮功真相资料”。
经潘友发家属不断的到各级部门投诉申冤,3月初,潘友发的前两项所谓“罪名”才被撤消。
中国法学专家赵远明:“实际上法院本身它也明白,法轮功弟子有很多它所说的证据,实际上是捏造的,它经不起法律上的推敲,所以说,辩护律师一旦提出我有证人可以出庭作证,你的所有这些起诉假的,捏造的,他内心也是非常害怕,所以说,他宣布停止开庭审判,我觉得他的心里还是有鬼的。”
而北京律师唐吉田指出,临时宣布不开庭,是法院的潜规则。法院经常以标签化和诬蔑化的罪名或理由,对争取权利、反抗它行政违法或司法不公的人进行打压。
北京律师唐吉田:“如果在庭审当中,需要让证人出庭,就某个问题作证,实际上说明这个法庭调查程序,仍然在进行中。所以我觉得辩护人,作这方面的安排和准备,应该是在法律依据上心中有数。法院取消开庭,如果是违法,作为当事人家属和律师可以采取一些行动,对这些违法行为进行必要的追究。
唐吉田还表示,中共打压法轮功没有任何法律依据,即使按照现有的法律,也是违宪的。唐吉田说,当局罗织罪名,借用警察、法院欺骗世人。
1999年7月20号,前中共党魁江泽民联合检警对数以千万计的法轮功学员,实行“名誉上搞臭、经济上截断、肉体上消灭”,“打死白死、打死算自杀”、“不查身源、直接火化”的灭绝政策。
因坚持修炼法轮功,被非法判刑4年的湖南法轮功学员雷映群指出,她前几年被抓时,受到20多种酷刑,当时还不能请律师。她说,炼法轮功被抓后,基本都遭到酷刑折磨,被活活打死的也很多。
湖南法轮功学员雷映群:“我们本地一个男孩子也是28、9岁,1米8多的个子,身体也是很棒的,当时抓他的时候,他(警察)就把他塞在了小汽车的坐板地下,因为人高,就塞不进去,那个腿就伸在门外面,他不管你的,他就把门使劲关,把脚扎断他都不管,后来去了才几个小时,就活活打死了。”
雷映群说,男孩的妈妈看到他的尸体时,男孩的两脚肿得有一尺多高,身体遍体鳞伤,惨不忍睹。雷映群表示,这只是冰山一角,她身边还有许多法轮功学员被打毒针,打死,打残,还被活摘器官。
去年7月,联合国一份特派员报告说,中国的酷刑“超越了可描述的程度”,66%发生在法轮功学员身上。有证据显示,超过4万名被关押的法轮功学员被虐杀,他们的器官被摘取后用于器官移植。
采访编辑/李韵 后制/李若琳
Witnesses Appear at Trial of Falun Gong Practitioner: Court Judge Calls Off a Trial
Recently in Xinmin city, Shenyang, the Municipal Court
of the Chinese Communist Party (CCP) was about
to start a trial of Falun Gong practitioner Pan Youfa.
Pan’s lawyer informed the judge that
witnesses would testify at the trial.
The judge, however, immediately called off the trial.
Why did the judge do this?
Let’s find out the reasons.
On March 18 in Xinmin Municipal Court, Pan Youfa’s
lawyer stated that “Faith in Falun Gong is lawful,
and spreading the truth about Falun Gong is legal.”
The lawyer informed the judge that he
had acquired “several witness testimonies”.
“The trial is framing Pan Youfa, and the
witnesses will testify here at the trial.”
In panic, the judge asked, “Why didn’t you
inform me in advance that you have witnesses?
Today’s hearing is called off.”
In August 2012, Pan Youfa went to visit Hu Lin, a friend.
A group of people broke into Hu’s
house, and wounded Pan and Hu.
The intruders framed Pan, stating that
he had attacking them with a knife.
They then forcibly handcuffed Hu and Pan,
ransacked Hu’s home, then kidnapped
them, taking them to a detention center.
Pan Youfa was then charged with three
crimes. The first was visiting a friend.
The second was attacking the police with a fruit knife.
The third was spreading the truth
about Falun Gong ten years ago.
Since then, Pan’s family members have repeatedly
petitioned to the state departments at all levels.
In early March, the first two
“criminal charges” were removed.
Zhao Yuanming, legal scholar: “The court
judge knew that so-called evidence against
Falun Gong practitioners are fabricated.
So when the lawyer said that witnesses
would appear in court, and all the charges
are fake, the judge felt a strong fear.
He announced to cancel the trial, which
shows that he has guilt on his conscience.”
Beijing lawyer Tang Jitian reveals that temporarily
calling off a trial is a hidden rule for China’s courts.
The courts often place slandering charges on those
who fight for their rights, and those who resist the
courts’ administrative infractions and injustice.
Tang Jitian: “Having witnesses to appear at the trial
indicates that the courtroom investigation is ongoing.
I think the counsel knows fairly well about
the law, so he made such an arrangement.
The court called off the trial.
If it was illegal, the defendant’s family members
and lawyer may take some actions against it.”
Tang Jitian remarks that the CCP’s persecution
of Falun Gong has no legal grounds.
It is against China’s Constitution.
He says that the authorities cook up charges to deceive
the general public, under the guise of police and courts.
The CCP’s open Genocide of Falun Gong
practitioners started on July 20, 1999.
It was launched by Jiang Zemin, the former CCP leader,
allied with the judiciary, the procuratorate and the police.
Jiang ordered “to ruin their reputation, bankrupt
them financially, and to eliminate them physically.”
“Killing them is counted as their having committing suicide.”
“Quietly and quickly cremate bodies to destroy the evidence.”
Lei Yingqun was sentenced to a four-year
jail term in Hunan for her faith in Falun Gong.
Lei suffered over 20 torture methods,
and wasn’t allowed to hire a lawyer.
She revealed that in general, Falun Gong
practitioners all underwent torture after arrest.
Many have been beaten to death.
Lei Yingqun: “We have a local Falun Gong practitioner,
who was aged 28, was 1.8 meters tall, and very healthy.
The police arrested him and placed
him under the seats in a car.
He was too tall to fit in there, his legs stretching outside
the car door, while the police just forcibly shut the door.
I heard that only a few hours
later, he was beaten to death.”
Lei Yingqun says that the young man’s mother witnessed
his horribly swollen feet, and the body was severely beaten.
According to Lei, this is only a tip of the iceberg in
the persecution of China’s Falun Gong practitioners.
Lots of them have been injected with poisonous
drugs, beaten to death, or have been disabled.
They have even been subjected to organ harvesting.
In July 2012, the UN Special Rapporteur on
Torture released a report, stating that torture
in China has “exceeded what one can describe.”
It also stated that Falun Gong practitioners represent
66% of the victims of alleged torture in China.
Evidence suggests that over 40,000 detained Falun Gong
practitioners in China have been killed from their organs.