【新唐人2013年04月06日訊】來自北京的維權律師王全章,日前在江蘇靖江法院為當事人進行辯護後,遭到當局「司法拘留」報復,被扣十天。這起案件讓律師同行們感到震驚和憤怒,不少律師迅速組團趕赴靖江營救;139名律師聯名簽署了要求立即釋放王全章律師的建議信;還有律師表示,將依法申請組織300人到靖江市法院門口遊行示威。一場大規模的律師維權行動正在大陸展開。我們一起來關注這則消息。
4月3號,王全章律師在江蘇靖江法院,為68歲的法輪功學員朱亞年進行無罪辯護。但是,休庭後,靖江法院主審法官責令法警將王全章帶走,並以「擾亂法庭秩序」為由,將王全章司法拘留十天,4號凌晨送往靖江市拘留所。
王全章律師助手黃佳德:「據說是在法庭上王全章律師在快結束的時候,要拍照留一份證據,法庭法警把他手機沒收了,庭審結束之後法院的法官法警讓大家都出去了,只留下王全章律師一個人,後來王全章律師就不在了。」
另外,網上還傳來消息,說王律師被拘留的原因,是因為他在法庭上聲音大一點。
資深調查記者、重慶不雅視頻事件報導者紀許光質問法庭:說話大聲也犯法嗎?
另外、中國「政法大學」法學院副院長何兵在微博上表示:這是一起情節嚴重、影響極其惡劣的侵犯律師人權行為。也是繼「李莊案」之後,又一起公然破壞法治的行為。
面對不斷髮酵的輿情,4號下午,靖江市法院在官網發佈消息指稱,王全章在庭審中,違反法庭秩序,情節嚴重,靖江法院決定對他拘留。
南京律師、「東南大學」法學院教授張讚寧:「這是一個法制的倒退,是一個魔法。因為律師是維護法律的,當事人的合法權益也是維護法制利益重要的一個機構,如果把律師打壓的比較厲害,如果隨意的關押律師、打律師的話,那麼今後當事人的權益就不受保護了。所以我認為這是一個制度性的倒退。」
山東濟南律師劉衛國指出,很顯然,這是法院的打擊報復,這種濫用權力本身就是違法行為。因為法院的做法沒有任何的法律依據,也沒有任何證據。
山東濟南律師 劉衛國:「如果有的話,法院是有庭審錄像的,他應該公開這個錄像。據我們了解,現場有很多旁聽人員,王全章律師在法庭上沒有任何過激或不當的言行,所以我們認為這是對辯護律師打擊報復的行為,(法官)肯定是不合理的。」
劉衛國律師還倡議發起「緊急營救王全章律師」行動,目前,除了一批批的聲援者不斷趕赴靖江參與營救外,還有139名律師已經聯名簽署了要求立即釋放王權章律師的建議信。
北京市「同翎正函律師事務所」的律師青石5號早上在微博表示,當天下午將向靖江市公安局依法申請組織300人,到靖江市法院門口遊行示威。不過,到了下午,青石這則微博遭到刪除。
劉衛國:「我們現在至少有兩個行動,我們下午到靖江巿公安局,要求到法院去遊行示威這是一方面;另外一方面我們或者明天下午召開一個現場研討會,我們要探討一下王全章律師到底哪裏有違法的行為。法院有甚麼權力隨意剝奪當事人委託律師辯護的權力、和律師在法庭上發言的權力。」
「京衡律師集團」董事長兼主任陳有西,在微博上寫道,王全章事件的意義是提醒我們:司法拘留律師,已經不是新聞。
北京律師楊學林則表示:2013年中國律師維權第一案,槍聲打響了!
採訪/陳漢 編輯/王子琦 後製/孫寧
Detained Chinese Lawyer Gets More Support
Wang Quanzhang, Beijing human rights lawyer, was detained
for ten days after he defended a Falun Gong practitioner.
Lawyers in China were shocked and angry over his detention.
Many lawyers rushed to Jingjiang to rescue Wang.
139 lawyers co-signed a letter asking for his immediate release;
some lawyers wanted to organize 300 people to protest
in front of Jinjiang Court.
A huge human rights activity is evolving in Mainland China.
On April 3rd, Beijing lawyer Wang Quanzhang defended
a Falun Gong practitioner in the court of Jingjiang, Jiangsu Province.
After the trial, the judge ordered Wang be taken away for
“disrupting the order of the court”.
On the morning of April 4th, Wang Quanzhang was
sent to a detention center in Jinjiang City for ten days.
Huang Jiade, Wang’s assistant: “Before the end of the trial,
Wang Quanzhang used his cell phone to take a picture as evidence.
The bailiff confiscated Wang’s cell phone.
After the trial was over, everyone was dismissed, but Wang
was kept in court with the judge. Then, Wang disappeared.”
Online news said the reason for detaining Wang was
because he spoke too loudly in court.
Veteran investigative reporter, Ji Xuguang asked the court,
“Is speaking with a loud voice also breaking the law?”
He Bin, the Deputy Director of the Law School at the China
University of Political Science and Law said on his blog:
“This was a serious human rights violation against a lawyer.
It was another blow to the rule of law,
following the Li Zhuang case.”
With the rising of public voices, on the afternoon of the 4th,
Jingjiang City Court official website announced that
Wang had been detained because
he had seriously violated a court order.
Nanjing lawyer, Chang Zanning, law professor at the
Southeast University: “This is a step backward for the rule of law. It is a delusion.
Lawyers are supposed to uphold the law and protect
people’s rights and interests.
If you suppress lawyers and arbitrarily detain them,
people’s rights and interests cannot be protected.
Therefore, I think this is a institutional setback.”
Liu Weiguo, Shandong Jinan lawyer points out that obviously,
this is a retaliation from the court, an abuse of power.
The court’s action has no legal basis, and there is no evidence.
Liu Weiguo: “The court has the trial video,
and it should let us look at it.
Lawyer Wang did not say or do anything improper.
There were many observers in court too.
So, we believe this is a retaliation against the defense case.
That is definitely unreasonable.”
Lawyer Liu Weiguo initiated an emergency rescue of Wang.
Currently, supporters are rallying in Jingjiang.
In addition, a letter requesting Wang’s immediate release
has been co-signed by 139 lawyers.
On the morning of April 5th, Beijing lawyer Qing Shi said
on his blog that he wanted to organize 300 people
to protest in front of the Jingjiang Court.
However, his blog was closed down in the afternoon.
Liu Weiguo: “We have at least two actions to take.
We are going to go to Jingjiang Public Security Bureau
and apply for a permit to protest in front of the court.
We will also have a live discussion tomorrow afternoon.
We want to discuss what lawyer Wang did that was illegal,
and to ask what power does the court have to arbitrarily
deprive a lawyer of his right to speak and to defend his clients.”
Chen Youxi, Chairman and director of Jing Heng Law Group,
wrote on his microblog:
”The significance of the Wang Quanzhang incident is that
it reminds us that judicial detention of lawyers is nothing new.”
Yang Xuelin, a Beijing lawyer: “This is the first shot fired
in China regarding lawyers’ rights in 2013.”