【新唐人2013年04月09日訊】由於網絡聲援,和大量維權律師同仁的抗議,被江蘇靖江市法院濫權司法拘留的北京維權律師王全璋,提早得到了釋放。不過,事件並沒有就此打住。王全璋表示,已經委託兩位律師,就自己被不當司法拘留申請復議。網友表示,王全璋律師案打響了反攻的「第二季」。
4月8號,大陸律師楊金柱在博客和微博上發表文章,證實了王全璋申請復議的消息。並表示,已經取得陳光武律師的同意,倆人一起擔任王全璋律師司法拘留復議案的代理人。
王全璋4月6號被提早釋放,7號就在自己的微博表示,已經申請復議,9號他向泰州市中院郵寄代理律師的委託書。一連串動作,被網友戲稱爲展開了「絕地大反攻」。
中國法律專家楊學林認爲,王全璋的「反攻」有法律依據。
中國法律專家楊學林﹕「不論你是辯護甚麼案子,律師的訴訟權利是要受到保證的。所以說,王全璋律師在履行辯護職責的過程當中被拘留,那麼為甚麼拘留?他是不是達到法定的擾亂法庭秩序的情節嚴重的程度,這些都是需要我們來討論,來關注。」
王全璋宣佈「反攻」,還讓另外一個詞「死磕」在微博上火了一把。
楊學林7號在自己的微博上寫道﹕從李莊案、北海案、小河案等經典死磕案例來看,所謂死磕,恰恰是為了法治。目前,法治已經被蹂躪得如此可憐,別無選擇,唯有死磕!
而網友們紛紛贊同「支持死磕」,「唯有死磕」。
紐約「中國民主大學」校長唐柏橋認爲,王全璋和兩位代理律師,以及網友普遍支持「死磕」,追求司法公正的態度,反映了中國目前普遍的狀態。
紐約中國民主大學校長唐柏橋﹕「我覺得這個有一點全面的反映了整個中國目前這種狀態。就是說,原來維權的力量,或者說反抗的力量處於一種絕對的劣勢。但現在呢,這個形勢慢慢的發生一些轉變,尤其是網絡力量。」
王全璋4月3 號在靖江法院為一名法輪功學員辯護時,被法官認為違反法庭紀律,下令將他「司法拘留10天」。他被提早釋放後,曾對海外媒體表示,自己並沒有作出任何擾亂法庭秩序的行爲,靖江法院是在司法報復。而他在法院拘留期間,還受到了不公的對待,法警有意壓他的手銬,以致他手部受傷。
不過王全璋並不是唯一一位由於代理法輪功學員的案件,而受到迫害的中國律師。他的「前輩」——北京維權律師高智晟,目前仍因此被關在監獄裏。
北京維權律師高智晟妻子耿和﹕「高智晟的問題到現在也沒有好轉,裏邊還在迫害當中。我覺得新的領導人如果要在中國推行法制,高智晟這個案子必須要突破。」
高智晟家人最近一次被允許見他,是在今年的1月12號,之後高智晟又被否決了探視權利。但是高智晟的妻子耿和平靜的言語中,同樣也表現出了「死磕」的精神。
耿和﹕「我覺得唯有堅持吧,認為是正確的事,只有堅持。這是我們能支配的資源。然後也就是說,國外的媒體應該大力度的去關注。」
唐柏橋表示,法輪功團體被迫害的真相,是中國歷史繞不開的問題。此時高智晟,王全璋律師的行爲,讓中國每個知識份子都捫心自問,在全國最大的民衆團體受到迫害時,我都作了些甚麽﹖
採訪/劉惠 編輯/尚燕 後製/李月
Lawyer Wang Quanzhang’s Case; A Grand Fight Back From Desperation
Due to online support and protests from many lawyers,
human rights Lawyer Wang Quanzhang was released early.
He was detained by Jiangsu Jingjiang City Court
who abused their power.
Wangquan Zhang had asked two lawyers to apply for
reconsideration on his improper judicial detention.
Netizens said the case of lawyer Wang Quanzhang
started a second-phase counterattack.
On April 8th Chinese lawyer Yang Jinzhu published
an article on his blog and microblogging.
It confirmed that Wang Quanzhang applied for reconsideration.
He said he has got Lawyer Chen Guangwu’s consent to work
together representing Wang on the reconsideration case.
Wang Quanzhang was released early on April 6th. He wrote on
on his microblog on April 7th he applied for reconsideration.
He sent out the letter of power for attorney to
Taizhou City Intermediate Court on April 9th.
His series of actions were called “the Grand Fight back
from Desperation” by netizens.
Chinese legal expert Yang Xuelin thinks
Wang Quanzhang’s “fight-back” has legal basis.
Yang Xuelin: “No matter what kind of case a lawyer works on,
his/her right of action should be guaranteed.
Wang Quanzhang was detained when fulfilling defense duties.
Why was he detained?
Did he seriously disrupt the order of the court?
We need to discuss and pay attention to this.”
Wang Quanzhang’s announcement of “fight-back” also made
the term “Si Ke (Stick to the End)” popular on microblog.
Yang Xuelin wrote on the microblg: “From the
Lizhuang Case, Beihai Case, Xiahe Case and other Si Ke classic cases, the so-called Si Ke is for rule by law.
Currently law has been manipulated to such a state.
There is no other choice, but to Si Ke!”
Many Netizens Show Their Support To Si Ke.
Democracy Academy of China in New York
President Tang Baiqiao thinks Wang Quanzhang,
the two lawyers, netizens’ support to Si Ke, and
their attitude to pursue a fair legal system
reflects the overall state in China.
Tang Baiqiao: “I think it reflects the entire situation in China.
The power of defending rights or resistance,
once a shaky state is now slowly changing,
especially with the power of the Internet.”
On April 3rd, Wang Quangzhang was sentenced by
the judge of the Jingjiang Court to 10-day detention.
He apparently disturbed the order of the court
when defending a Falun Gong practitioner.
He told overseas media that he did not do anything
to disturb the court order.
The court tried to attack him and he experienced
unfair treatment during detention.
The court police injured his hands by deliberately
pressing the handcuffs on his hands.
However, Wang Quanzhang is not the only lawyer
who has represented Falun Gong practitioners.
Beijing Human Rights Lawyer Gao Zhisheng is still in prison.
Geng He, Gao Zhisheng’s wife: “The issue of Gao Zhisheng
has not got better. He is still being persecuted.
If the new leaders want to promote rule by law in China,
they must make a breakthrough in Gao Zhisheng’s case.”
The last time Gao Zhisheng’s family members were
allowed to meet him was on January 12th, 2013.
Since then Gao Zhizheng was denied the right to have visits.
There is also the spirit of “stick to it until death”
in Geng He’s peaceful statement.
Geng He: “The only way is to stick to what we think is right.
This is the resource that we can use.
We also need overseas media to pay lots of attention.”
Tang Baiqiao expressed, the persecution of Falun Gong is
an issue that cannot be avoided in the history of China.
Lawyer Gao Zhisheng and Wang Quanzhang’s actions
make all Chinese intellectuals ask themselves:
“What we have done when the largest group of people
in China is being persecuted”.