【新唐人2013年04月29日訊】有網友發帖說：北京外交部職員陳由邦無故失蹤。不過，外交部否認有陳由邦這個職員存在。日前，本臺記者收到陳由邦控告當局的訴狀，他表示，他被綁架、非法關押、判刑，最近他委託律師控告綁架和迫害他的警察、法官與檢察官。同時對他被冤判三年的案子提起上訴。下面一起去看看。

失蹤近半年的外交部檔案館三等秘書陳由邦，去年11月10號遭北京市公安局綁架，並遭冤判三年，目前被非法關押在朝陽區看守所。

北京「悟天律師事務所」律師程海表示，陳由邦提出控訴，控告北京市公安局、和朝陽區檢察院、以及朝陽區法院等42人「徇私枉法罪」。

作為陳由邦的辯護律師，程海指出，當局綁架和關押陳由邦的理由是﹕散發法輪功書刊。但程海表示，中國的法律，從來沒有規定﹕信仰法輪功、散發法輪功宣傳品是違法行為。

外交部檔案館三等秘書陳由邦辯護律師程海：「這些小冊子即使是他散發的也不構成犯罪，我們刑法第三條規定，法律必須有明確規定的才能追究刑事責任，沒有明確規定的就不得追究刑事責任。我們國家的法律包括司法解釋，甚至政策，都沒有明確規定法輪功是邪教，公安部和國務院有十四個邪教的名單，沒有法輪功，也沒有明確規定法輪功宣傳品散發屬於一種犯罪。」

陳由邦在控告狀中寫道：按照中國法律，我是無罪的，卻被北京市的公、檢、法人員數十人徇私枉法追究刑事責任，人身自由受到嚴重侵害，請求有關單位履行法定職責，維護控告人合法權益，維護法律尊嚴，依法追究北京市公安局徐勇、葉有忠，朝陽區檢察院張欣，朝陽區法院李曉和陪審員李欣等42人徇私枉法罪，要求追究他們的責任。

程海：「我們國家法律還有一條規定，明知別人無罪的司法工作人員，還追究刑事責任的，要構成一個徇私枉法罪，所以我認為，這些辦案的警官是明知別人無罪，不是陳由邦犯罪，而是辦案的人員犯罪，他們是故意的在犯罪。」

程海告訴《新唐人》，陳由邦因高血壓住進公安醫院後，醫院的公安把他的手腳捆起來一個多月，在一審時，法院也沒有通知律師開庭時間。

程海還指出，在審理冤判法輪功的案件中，每一個案件的審理過程都存在嚴重違法行為，當局甚至為了阻止律師維護法輪功學員的合法權益，公、檢、法同樣侵犯律師的合法權益。

據了解，4月12號，大連中山區法院準備對十三名法輪功學員開庭審理，北京律師梁小軍、王全璋、程海和郭海躍四名律師前往大連中院，為其中部分法輪功學員辯護。

當天，他們看到法院周圍設置路障，封鎖道路。路邊停著警車、消防車和巨型的大巴車，還遍佈警察與便衣。警察生拉硬拽婦女或白髮蒼蒼的老太太上大巴車。律師也遭到警察非法審訊、盤查、毆打，並被非法拘禁兩小時，其中程海律師被打傷。

程海：「我和韓志廣還有另外一個家屬的辯護人被攔住了，架到一個大巴上，搶我的手機，我們沒給他，然後對我進行毆打，有20分鐘吧，有6個警察，把我的臉打腫，眼角也打紫了，嘴唇也打爛了，褲子也撕裂了，包也撕壞了，袖口也撕壞了，這樣把我的手機搶去以後，收起手機以後還打。」

那天還抓走了四、五十位來參加旁聽的民眾。

程海說，這次行動是大連市公安局組織。他們被毆打的原因，可能是大連的部分警察痛恨律師為被告人做無罪辯護，以及他代理控告大連126名警察辦理本案「涉嫌徇私枉法罪」。

程海已經對大連公安提起行政訴訟。並表示，這是一次嚴重侵犯律師和辯護人訴訟權益﹔嚴重踐踏律師法、刑訴法和警察法的法治事件。

採訪編輯/劉惠 後製/李智遠

Missing official of the Ministry of Foreign Affairs Files Lawsuit against Authority for Illegal and Wrongful Sentence

Previously, an Internet post stated, “Chen Youbang, staff member of the Ministry of Foreign Affairs in Beijing, has been missing.” The Chinese Ministry of Foreign Affairs has denied such an employee existed. Recently, New Tang Dynasty TV received a complaint against the authority by Chen Youbang. He indicated that had been kidnapped, illegally detained, and sentenced. He has requested his lawyer to file a lawsuit against the police, judge and prosecutors for kidnapping and persecution. He also appealed against the three year sentence he received. The following is our report.

Chen Youbang, a third level secretary of the Archives Department of the Ministry of Foreign Affairs has been missing for nearly half a year. He was kidnapped on November 10 last year by the Beijing Municipal Public Security Bureau. He is now illegally detained in the Chaoyang District Detention Center. He has been wrongfully sentenced to three years imprisonment.

His lawyer, Cheng Hai, indicated that Chen Youbang has filed a complaint and sued a total of 42 people involved in this illegal detention and sentence, including the Beijing Public Security Bureau, Chaoyang District Prosecutor’s Office, and the Chaoyang District Court. This action is for what he has called a “crime of favoritism".

Being Chen Youbang’s defense attorney, Cheng Hai explained that Chen Youbang was being kidnapped and imprisoned for distributing materials of Falun Gong. Cheng Hai said that Chinese law has never stated that belief in Falun Gong, or distributing Falun Gong materials is illegal.

The defense attorney Cheng Hai: “Even if he indeed was Distributing a Falun Gong booklet, it does not constitute a crime. In the provisions of Article III of the Criminal Code, the law must have been expressly broken for one to be held criminally responsible. None of our laws or policies or even judicial interpretation has clearly defined Falun Gong as a cult. In the Ministry of Public Security and the State Department list, Falun Gong has never been clearly defined as a cult. Falun Gong propaganda materials distribution has never been clearly ruled illegal."

In the indictment, Chen Youbang wrote: According to the laws of China, I am not guilty. But I was held criminally responsible by more than several dozen people from Beijing authority of inspection and law enforcement. They have violated the laws for their personal interests and seriously compromised my freedom. I ask the authorities to abide by their official duties to protect my legitimate rights and interests, maintain the dignity of the law, and to prosecute the 42 people involved in this crime and hold them responsible. They are Xu Yong and Ye Youzhong from the Beijing Municipal Public Security Bureau, Zhang Xin of Chaoyang District People’s Procuratorate, Li Xiao from Chaoyang District Court and jurors Li Xin and others.

Cheng Hai: “Our law has regulated that judicial staff who hold someone criminally responsible knowing that the person is not guilty will be guilty of a criminal offence. I believe those police officers who handled the case knew that Chen Youbang was innocent, but they nevertheless held him criminally responsible. They are the ones who committed a crime intentionally."

Cheng Hai told NTD TV, Chen Youbang was admitted to the Police Hospital due to high blood pressure. But the police had tied up his hands and feet for more than a month. In the first instance, the court did not notify the attorney of the court time.

Cheng Hai also pointed out that in each hearing involving Falun Gong cases there are serious violations in the trial. In order to prevent attorneys from safeguarding the legitimate rights and interests of Falun Gong practitioners, the authorities in inspection and law have themselves violated attorneys’ legitimate rights and interests.

On April 12, Zhongshan District court of Dalian already had a trial of thirteen Falun Gong practitioners. Four Beijing lawyers, Liang Xiaojun, Wang Quanzhang, Cheng Hai and Guo Hayue, all went to Dalian Intermediate People’s Court on behalf of some of Falun Gong practitioners.

That day, roadblocks were set up around the court. The road was packed with police cars, fire engines, buses, police and plainclothes officers. Many women or white-haired old ladies were dragged onto the bus by the police. The attorneys also met with illegal interrogation and beating by the police, and even illegal detention for two hours. Attorney Cheng Hai was injured in that incident.

Cheng Hai: “Along with another attorney, I was carried onto a bus. They tried to grab my cell phone, and I refused to let go of it. They beat me for about 20 minutes. There were six of them. My face was swollen, my eyes were bruised. They broke my lips, tore my pants, backpack, sleeves, they finally managed to snatch my phone from me. After they took my phone, the beating did not stop."

Around fifty people who had attended the hearing were also detained.

Cheng Hai believed that Dalian Municipal Public Security Bureau was in charge. The reason for the beating was believed to be due to the attorneys’ plea of not guilty for the defendants, and because he was also handling a lawsuit for “ suspected crime of favoritism", involving as many as 126 Dalian police officers.

Cheng Hai has filed legal proceedings against Dalian Public Security. He has indicated that the rights and interests of attorneys in the proceedings were seriously violated. This is a lawsuit about egregious violations of the Law on Lawyers, the Criminal Procedure Law and the Police Act.