【新唐人2015年01月10日讯】黑龙江建三江农垦法院8号开庭审理四名法轮功学员案,但不仅没有通知家属,辩护律师也被“剔除出局”。当天律师们公告,成立“建三江案件法律后援团”,将对相关责任人继续追责。同一天,也有欧洲议会议员针对“建三江案”向中共公开抗议。
建三江农垦法院1月8号秘密开庭,审理在去年“建三江事件”中被抓捕的四名法轮功学员石孟文、孟繁荔、王燕欣、李桂芳。
四名当事人的家属中,只有石孟文的前妻刘女士和女儿冲破种种阻力,进入了法庭旁听。刘女士说,由于法院不让律师出庭,四名当事人在法庭上自行辩护。
石孟文前妻刘女士:“他们说挨打,怎么(受)酷刑,他说证据呢?他们拿不出证据,因为当初在里面被打以后,家人也见不到你,律师也见不到你,在监狱里关押人员根本找不到证据。公诉人也好,审判长、审判员也好,你说什么话,都说你这是无效的。”
刘女士气愤质问,法院这样走形式的庭审有什么意义?整一大帮人虚张声势,结果还是法院自说自话。
辩护律师之一的王宇批评,这是公权力肆无忌惮的违法,它们强行把所谓的法律程序开庭出来,企图以判决了事。
王宇律师:“我们八个律师都发了一个抗议,对它不通知律师开庭的违法行为进行抗议。还有,我们现在有一个公告,成立一个‘建三江法律后援团’。我们要对这个案件违法性,做一些后续工作。”
王宇、刘金湘等律师在8号发出公告,宣布成立“建三江案件法律后援团”。
公告中说,去年3月,四位中国人权律师:唐吉田、江天勇、王成、张俊杰,因解救被非法关押在“农垦总局黑监狱”的几名公民,遭到酷刑折磨,四位律师共被打断24根肋骨。
之后,迫于国际舆论压力,建三江农垦公安释放了四位律师和前往声援的各地公民,但聘请四位律师到建三江农垦系统讨说法的家属,也就是石孟文等四名法轮功学员,却受到打击报复,被非法抓捕并一直关押至今。目前由农垦检察院提起公诉,而裁判者也是建三江农垦法院。
王宇律师:“农垦系统它内部的公检法,听命于农垦的行政机关,它们没有司法独立可言。而且农垦法院,从农垦公检法的设置上,其实是没有法律依据的,根据《立法法》和《法院组织法》,它都没有法律依据,都是违法的。”
刘金湘律师说,“建三江案件法律后援团”除了对农垦法院及庭审期间的非法性提出控告,还向中共人大提出建议,革除违宪的司法体制,撤销违法的庭审。
刘金湘律师:“建三江昨天开庭没让律师参与,完全把律师撇开了。138接下来,律师参与二审的诉讼。然后,对建三江前期的一些违法行为进行控告、举报。完事以后,还要继续扩大研讨,会对这一个现象深层次的内情进行探讨。”
除了庭审的非法,律师们也备受刁难。
去年12月17号至19号,8位律师赶往建三江为法轮功学员辩护时,遭到司法部门的监控和跟踪。王全璋、刘连贺两位律师更被法庭取消辩护资格。
12月30号,7位律师在建三江法院,又一次遭到法警野蛮拉扯和无理安检等,当晚,律师们前往哈尔滨控告建三江法院违法。
刘金湘律师:304“建三江这个案子,它这个迫害,不仅仅我们目前看到的这个迫害,实际上情况可能还要严重,它对当事人都这样,对律师都这样,那么对当地的那些我们不知道的,迫害会厉害,对法轮功信仰者。”
欧洲议会人权委员会议员克劳斯‧布赫讷(Klaus Buchner)7号在脸书对“建三江事件”进行强烈谴责,他表示,针对农垦法院8号荒唐庭审,他已经书面向中共交涉,强烈要求保证法轮功学员及辩护律师的人身自由与安全。
采访、编辑/李韵
Legal Backup Team To Follow Up On Jiansanjiang Case
Land Reclamation court in Jiansanjiang, Heilongjiang Province conducted a trial on the 8th of four Falun Gong practitioners without notifying the families or the lawyers. The lawyers announced on the day that a legal backup team was set up for the Jiansanjiang case to follow up on the legal protocols against law violating officials. A European Parliament member also filed a public protest to the Communist regime.
On Jan. 8, Jiansanjiang court conducted a secret hearing on four Falun Gong practitioners, Shi Mengwen, Meng Fanli, Wang Yanxin, and Li Guifang, who were arrested last year.
Among the four families, only Shi’s family (ex-wife Ms. Liu and daughter) entered the courtroom through all obstacles. Ms. Liu said that the four defendants had to defend themselves because the court banned the counsels.
Ms. Liu: “They described how they were beaten and tortured. He asked for the evidence. They had no evidence, because neither the family nor the lawyers were allowed to meet them after they were beaten. There won’t be any evidence from the defendants. No matter what they said, the prosecutor, the presiding judge and the judge just said it was invalid."
Ms. Liu was very angry and suspected the meaning of the pro forma trial. “It was all court talking with a bunch of people bluffing."
Defense lawyer Wang Yu criticizes the authorities had violated the law unscrupulously. They pushed through the proceeding and only to end it with a verdict.
Lawyer Wang Yu: “The eight of us have filed a complaint about the illegality, a trial without the presence of lawyers. We also announced a legal backup group to follow up on the officials’ violations."
The eight lawyers issued a notice on the 8th about the “Jiansanjiang case legal back up team".
The notice described that four human rights lawyers, Tang Jitian, Jiang Tianyong, Wang Cheng, and Zhang Junjie, were illegally detained during their defending activities for Chinese citizens illegally detained in the Land Reclamation case black jail. The four lawyers were tortured and sustained a total of 24 broken ribs.
Under international pressure, Jiansanjiang Land Reclamation Public Security released the four lawyers and other Chinese who went to voice solidarity. But the four Falun Gong practitioners were subjected to retaliation and illegally detained ever since. Land Reclamation Procuratorate brought up the prosecution and the referee is also Jiansanjiang Land Reclamation court.
Lawyer Wang Yu: “The legal system within the Land Reclamation takes orders from its administrative organ. There is no judicial independence. The Land Reclamation court was established without any legal basis. According to the Legislation Law and Court Organization law, the Land Reclamation court is simply illegal."
Lawyer Liu Jinxiang says that the legal backup team will file a complaint against the court and its illegal acts during the trial. They will also propose to the Chinese Communist Party Congress to eliminate the unconstitutional judicial system and revoke the illegal hearing.
Lawyer Liu Jinxiang: “Jiansanjiang excluded the lawyers in the trial yesterday completely. There was also the second trial, the lawyers will complain and report the illegal acts in those previous trials. We will also continue a forum to further discuss in a wider and deeper manner."
Other than the illegal trial, lawyers were also faced with multiple difficulties.
Between Dec. 17 and 19 last year, the eight lawyers were monitored and followed on their way to Jiansanjiang for the court trial. Both Wang Quanzhang and Liu Lianhe had their defense qualifications removed by the court.
On Dec. 30, the seven lawyers were subject to violence and unreasonable security checks by bailiffs in Jiansanjiang court. That night, lawyers filed a complaint in Harbin against Jiansanjiang court offenses.
Lawyer Liu Jinxiang: “The persecution could be far more serious than what we have seen from the Jiansanjiang case. If this is how they treat the defendants and lawyers, the persecution of those local Falun Gong practitioners could be even more severe."
Member of the European Parliament, Prof. Dr. Klaus Buchner, stated in his FaceBook that he has put in writing to the Chinese officials regarding the trial against Falun Gong practitioners and their lawyers.
He demanded the regime grant the followers and their lawyers freedom and integrity.
Interview & Edit/LiYun