【新唐人2014年12月24日讯】近年来,中国大陆公、检、法系统侵害律师权益的现象日趋严重。仅最近一个星期,各地至少发生了三起律师被禁止行使辩护权、被剥夺出庭权、被非法扣押、甚至被暴力殴打的恶性事件。继黑龙江建三江、吉林辽源法院非法拘押辩护律师后,日前,代理“广东韶关法轮功案”的律师在为当事人辩护的时候,也遭到了审判长粗暴对待,还被法警强行架出法庭。
广东法轮功学员陈雪清与付赤英的案件,12月20号在韶关市曲江区法院开庭审理。法庭上,被告辩护律师的权益受到了严重侵害。
法轮功学员付赤英委托的广东律师刘正清,向《新唐人》讲述了他在庭审前后受到的种种不公正对待。
广东律师刘正清:“当时,我一进法庭,外面就有很多警察和特务将近几十个,不让我进法庭,要检查我的包。我就跟他们吵起来了。因为没有律师进去,这个庭就开不上,所以他们就让我进去了。”
因为中国最高法院有明确规定律师不需要安检,刘正清据理力争,最终才被允许进入法庭。
刘正清说,两名被告,法庭只允许三名家属旁听。可容纳两百多人的法庭,几乎坐满了当局安排的所谓“旁听”人员,估计大多来自“610”系统。庭审期间,刘正清遭到了审判长的粗暴对待,不但被剥夺了律师辩护权,还被法警强行“驱逐”法庭。
刘正清:“他不许我从法律上辩护,只能说事实(诉词)。我要求从法律上辩护,有四、五个警察把我就架出去了。一架出去,有一个便衣特务就故意撞我一下,撞的很重。”
离开法庭后,即使在餐厅吃饭期间,刘正清依然受到了几十名便衣的跟踪监视,最后不得不从餐馆后门偷偷离开。
刘正清告诉记者,他被“驱逐”法庭后不久,法官就宣布了休庭。他表示,当局以非法手段阻止律师为当事人辩护,违反了相关法律程序。对此,他将会提起上告,并将整个事件在网上披露。
据律师们介绍,自1999年中共当局镇压法轮功以来,被非法关押的法轮功学员几乎没有任何申诉渠道,要法院对涉法轮功案件立案难如登天,即使立案也很难请到律师,就算开庭也是不公正审判、不许家人旁听、禁止律师阅卷、辩护甚至出庭。法律、人权、律师的权益都遭到了肆意践踏。
这起案件中的另一名法轮功学员陈雪清,就没能找到敢于为她辩护的律师。
刘正清:“他们就找不到律师啊,律师不敢接。接了也是做‘有罪辩护’。没用啊!”
然而,近年来,大陆律师,尤其是维权律师,因为关注人权和代理所谓“敏感”案件,而受到当局打压、迫害的事件频繁出现。例如之前曾轰动海内外的“建三江”事件,以及刚刚发生在吉林辽源的非法扣押律师事件等等。律师本身的人权状况都令人担忧。
浙江杭州维权律师王成:“全国范围内应该说是,全方位的律师的辩护权益得不到一个最基本的保障,现在这种情况比较多吧。至少说四中全会开过之后,各方面的情况其实也看不到什么好转。”
刘正清:“它(中共)已经疯恶到了极致了。反正也差不多了,末日就要到了。”
尽管中共当局不断加强针对维权律师的打压,但愿意站出来制止当局对法轮功迫害的律师却越来越多。据《大纪元》报导,截至今年11月,大陆已经有624位律师表示愿意受理法轮功案件,为法轮功学员做无罪辩护。
采访/田净 编辑/张天宇
China Court Abuses Lawyer Defending Falun Gong
The Chinese Communist Party´s (CCP) legal system has
recently intensified its suppression of lawyers´ rights.
In the past week, there have been at least three court trials
in which lawyers were deprived of defending rights,
driven out of court or illegally arrested.
Following incidents in Jiansanjiang of Heilongjiang Province
and Liaoyuan of Jilin Province recently, another lawyer was
abused by the CCP´s judge as he defended a Falun Gong
practitioner in Shaoguan, Guangdong Province.
The judge eventually ordered bailiffs to forcibly expel
the lawyer from court.
Falun Gong practitioners, Chen Xueqing and Fu Chiying, from
Guangdong were put on trial on Dec.20, at a court in Qujiang
in Shaoguan City.
The lawyers defending them had their basic rights violated
in an extremely bad manner.
Liu Zhengqing, the defending lawyer for Fu Chiying, told NTD
that he had been treated unfairly in the court trial.
Liu Zhengqing, Lawyer in Guangzhou: “When I arrived, there
were dozens of police and special agents outside the court
and they blocked me, attempting to inspect my bag;
so I disputed with them, until they had to let me go,
otherwise the trial could not begin.”
The CCP´s Supreme Court has a clear rule that
lawyers should not be subjected to security checks.
On this basis, Liu Zhengqing made his best efforts to dispute
the inspection and was finally allowed access.
Liu says, the court gave hearing permission to only three
family members of the two defendants.
The courtroom can hold over 200 people, and was filled with
officers who were most likely from the 610 Office.
During the trial, the chief judge was rude towards Liu,
deprived him of his defending rights, and ordered bailiffs
to drive him out.
Liu Zhengqing: “The judge didn´t allow me to make a defense
based on laws, and only allowed me to speak about so-called
‘facts’ in the litigation documents.”
“I demanded to defend my client in law, but ended up being
forcibly expelled by four or five police officers.”
“A plainclothes also hit me pretty hard on purpose,
immediately after I was driven out.”
After leaving the court, plainclothes kept tracking Liu, even
as he entered a restaurant; he exited secretly by a backdoor.
Liu says the judge announced adjournment
soon after he had been banished.
The court´s blocking of a lawyers´ defense is a legal violation
and he will appeal to a higher court, says Liu,
and also expose his story on the Internet.
Many lawyers have experienced that, since the CCP´s
persecution of Falun Gong began in 1999, there have been
hardly any legal channels for practitioners to appeal
when they were illegally detained.
It’s almost impossible that any court will accept Falun Gong
cases, and even if a case does come to trial, it´s not open to
the public or family members, and lawyers are not allowed
to go over materials, make a defense or even attend a trial.
The law, human rights and lawyers´ career rights
are being flagrantly abused.
The other defendant of the trial, Chen Xueqing
could not find any lawyer to defend her.
Liu Zhengqing: “They could not find any lawyer, because
most lawyers haven´t got enough courage to take the case.”
“Anyway you are not allowed to advocate the innocence of
defendants in Falun Gong cases.”
In recent years, mainland lawyers, especially rights lawyers,
have been frequently suppressed or persecuted by the CCP
if they touched any so-called “sensitive” cases.
Examples include the widely reported Jiansanjiang incident
and the illegal arrest of lawyers in Liaoyuan, Jilin Province.
Wang Cheng, Rights Lawyer in Zhejiang: “All over China,
there´s no systematic protection of lawyers´ defending rights,
so stories like this (in Guangzhou) are frequently seen;
even after the Fourth Plenary Session I see no improvement.”
Liu Zhengqing: “The CCP has gone to the extreme in madness
and evilness—in any case, its doomsday is coming soon.”
Despite the CCP tightening its suppression over lawyers,
more people are now willing to stand up against
the persecution of Falun Gong.
624 mainland lawyers say they are willing to defend
an innocent plea for Falun Gong practitioners,
according to a recent report by The Epoch Times.
Interview/Tian Jing Edit/Zhang TianYu