【新唐人2015年1月31日訊】1月28號，中共黨媒《人民日報》發表題為「憑甚麼把律師趕出法庭」的文章，聲稱中共的最高檢察院檢察長還有最高法院的院長，也就是俗稱「兩高」的頭，同時在會議上為律師發聲。那麼我們看中國維權律師的執業環境是近期越來越艱難，有分析認為，對於律師的迫害和壓制，實際都是「兩高」帶的頭。

《人民日報》28號刊登「憑甚麼把律師趕出法庭」的署名文章。文章說，在剛剛結束的全國高級法院院長會和全國檢察長會議上，最高法院院長周強表示，對法官老是把律師趕出法庭百思不得其解。最高檢察院檢察長曹建明則要求：嚴禁濫用「特別重大賄賂案件」限制律師會見當事人。

《南方都市報》三天前也發表觀點類似的社論——「『把律師趕出法庭』，法治將百思不得解」，認為最高法院已經準備修改完善庭審規則，更重要的是，這次高院在保障律師辯護權上，表明瞭積極態度。

儘管《人民日報》的文章認為，這是「兩高」明確的給律師撐腰。不過廣東維權律師隋牧青認為，中共高官說出話，很大成分財富上是在作秀，在沒有看到實質性的改變之前，不能太樂觀。

廣東維權律師隋牧青：「這種對律師的不尊重，或者對律師的這種迫害、壓制，其實從最高院、最高檢帶的頭，比如說，不得對律師安檢是最高法院制定的規則，但是最高法院就對律師安檢，自己制定的規則你都不遵守，你怎麼可能要求下面法院都遵守這些規則呢？」

隋牧青表示，目前大陸維權律師的執業環境越來越艱難。維權律師被判刑、被關押、被毆打、被當庭抓捕、被拒絕會見、拒絕閱卷、被驅逐、被罰款等，基本都是「兩高」的濫權或縱容。

隋牧青：「比如說，我在丁家喜案開庭，法官和檢察官，那種非法非常嚴重，法官不讓說話，然後直接出口『你給我閉嘴』，不允許講話。所以我們沒法進行，這種狀態已經是家常便飯了，偶爾不受到刁難，覺得運氣真好。」

就在兩天前，還同時發生兩起大陸維權律師遭受警察毆打、辱罵和拘禁的惡性事件。

28號北京律師王宇在河北棗強縣看守所，為被關黑監獄遭到刑訊逼供的當事人寫控告信，遭警方非法拘禁半小時，律師證也被扣押，一天後才要回來。

北京律師王宇：「如果你認為我違法了，你可以治安拘留我。你要認為我犯罪了，你可以刑事拘留。哪條法律說有甚麼情況發生，你可以把律師的執業證扣下？這明明是在侵犯律師的辯護權、執業權。」

同一天，黑龍江「建三江案」的兩名代理律師龔祥棟、張維玉，和當事人家屬到建三江看守所會見被非法關押的法輪功學員石孟文，也遭到看守所毆打、辱罵和拒絕會面。

石孟文前妻劉浦梅：「我帶著律師去的，看守所所長叫人把律師都給打了，給我們都推出來了，他們推推搡搡一大幫，10多個人來推我，連推帶打的那種情況，完了他們又去捂著律師，把律師抖摟出去了，連打帶搡的。」

「建三江案」發生於去年3月，唐吉田等4名維權律師到當地代理法輪功學員案子時，與當事人家屬石孟文等7名法輪功學員，一起被抓捕。4名律師共被打斷24根肋骨，3名法輪功學員被迫害得生命垂危後，陸續被放出，但石孟文等4人被關押至今。

近一年來張維玉、王宇等8名律師，因代理「建三江案」，無數次遭警方非法安檢、搜身、拒絕會見、毆打等。1月8號，建三江法院在沒有通知律師和家屬的情況下，對石孟文等人秘密庭審結束，至今仍沒宣判。

去年12月11號，湖北律師張科科在法庭上為一名法輪功學員辯護時，說了一句「中國憲法保障公民言論自由和信仰自由」，就被法警當庭抓捕。隨後，數百名律師聯署，呼籲中共人大常委會、高檢就律師權益進行督導檢查和法律監督。

採訪編輯/李韻

Why Expel Lawyers?

Supreme Procuratorate And Supreme Court The Culprit

On Jan. 28, Chinese Communist Party mouthpiece People’s Daily

published an article titled, “Why Expel Lawyers From Court,"

claiming that heads of the Supreme People’s Procuratorate and

Supreme Court all voiced up for lawyers at a conference.

The career condition of Chinese rights lawyers has become

more difficult recently.

Analysis says the persecution and suppression to lawyers are

actually led by the “two supremes".

The People’s Daily article says, at the recent meeting of the

National Supreme Court Presidents and National Attorney,

president of the Supreme Court Zhou Qiang indicated that he

was confused with why judges often drive lawyers out of court.

Attorney general of the Supreme People’s Procuratorate

Cao Jianming clearly demands to strictly prohibit the practice

of restraining lawyers from visiting clients involved in

“especially major bribery cases."

Three days ago, Southern Metropolis Daily also published

a similar idea opinion article titled “Expelling Lawyers From

Court, Rule of Law Would Be Confused", indicating that the

Supreme Court has planned to improve trial rules.

More importantly, the Supreme Court declared a positive

attitude to protect lawyer’s defending rights.

Although People’s Daily believes that the “two supremes"

clearly support lawyers, Guangdong rights lawyer Sui Muqing

believes that high level communist officials often speak empty

words to put up a show.

Before seeing any substantive changes, one cannot be

too optimistic, Sui said.

Sui Muqing, rights lawyer in Guangdong Province:

Such disrespect, persecution and suppression to lawyers

is actually led by the

Supreme Procuratorate and Supreme Court.

For instance, the Supreme Court made a rule that lawyers

may not go through the security check, however, the Supreme

Court just forces to check lawyers.

It doesn’t even comply with its own rule, how could it require

courts under it to comply with the rules?

Sui indicated that the career environment for rights lawyers

in mainland China has become increasingly difficult.

Many lawyers have been sentenced, detained, beaten,

arrested in court, rejected to visit clients, rejected from#

reading case documents, expelled from court

and fined fees, etc.

It’s basically a result of the “two supremes"

abusing power and indulgment.

Sui Muqing: For instance, when I was at the trial of

Ding Jiaxi case, the judge and prosecutor very severely

violated the rule.

The judge didn’t allow me to speak.

He directly said ‘You shut up.’ I wasn’t allowed to speak.

Thus, we couldn ‘t continue.

Such situations are so common now.

On occasions if they didn ‘t make things difficult for me,

I would feel very lucky.

Two days ago, two incidents of police beating, cursing, and

detaining rights lawyers took place in mainland China.

On Jan. 28, because Beijing lawyer Wang Yu wrote a complaint

letter at the Zaoqiang County detention center in

Hebei Province for his client who was tortured to

confess there, lawyer Wang was illegally detained by police

for half an hour.

The police also seized his lawyer ‘s license,

and didn ‘t return it until the next day.

Wang Yu, lawyer in Beijing:"If you thought I violated the law,

you could put me under security detention.

If you thought I committed crime, you could put me

under criminal detention.

Which law says that you can seize my lawyer ‘s license?

It obviously harmed lawyer ‘s right to defense and

right to practice."

On the same day, two lawyers Gong Xiangdong and Zhang Weiyu

handling the Jiansanjiang case in Heilongjiang Province,

accompanied by the client ‘s family, went to visit their client.

Shi Mengwen is a Falun Gong practitioner, who was illegally

detained at the Jiansanjiang detention center.

The lawyers were beaten and cursed by police,

and were refused to visit the client.

Liu Pumei, ex-wife of Shi Mengwen: I went with the lawyers.

The detention center head ordered police to beat the lawyers.

They pushed us all out.

There were over 10 people pushing me,

pushing and punching me.

And then, they dragged the lawyers out, beating

and pulling them.

The Jiansanjiang Incident took place in March last year.

Four rights lawyers including Tang Jitian went to deal with

a case of some local Falun Gong practitioners.

They were arrested along with 7 other Falun Gong practitioners

including family members of the clients.

The four lawyers were beaten, with 24 broken ribs in total.

Three of the arrested Falun Gong practitioners were later

released due to a severe health condition after torture.

But the other 4 including Shi Mengwen

are still being detained.

Eight lawyers including Zhang Weiyu and Wang Yu have been

illegally forced to have security check and body searches

before trial, rejected visiting clients, and beaten many times

in the past year, when they handled the Jiangsanjiang case.

On Jan. 8, Jiansanjiang Court ran a secret trial of the 4

Falun Gong practitioners without informing any lawyer

or family member.

The sentence hasn ‘t been announced.

Lawyer Zhang Keke from Hubei Province during a trial of a

Falun Gong practitioner: China ‘s constitution guarantees

citizen ‘s freedom of speech and freedom of belief.

He was then arrested in court by police because of it.

After that, hundreds of lawyers jointly petitioned to appeal

the Standing Committee and Supreme Procuratorate to protect

lawyer ‘s rights by implementing

supervision and legal supervision.

Interview & Edit/LiYun