【禁闻】八律师联名告法官 滥用职权应罢免

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【新唐人2013年09月05日讯】最近,中国大陆黑龙江依兰县法院法官遭到了8名律师的联名控告,律师们一致要求罢免包括依兰县法院法官,以及副庭长在内的多名庭审人员的职务。律师们指出,上述人员滥用职权,采用各种手段阻止律师为法轮功学员做无罪辩护,已经违法了《法官法》,当局应当依法追究相关责任。

据《明慧网》报导,8月15号,7名北京律师以及1名广东律师联名控告黑龙江省依兰县法院吕守芳法官等人,在今年6月到9月间的多次审判法轮功学员过程中,采取了阻止律师进入法庭、拒绝送达起诉书、阻止阅卷、不通知开庭、非法搜查、威胁恐吓、打断律师发言,甚至在律师的麦克风上做手脚等非法手段,阻止律师为法轮功学员做无罪辩护。

北京道衡律师事务所律师郭海跃:“这个法官从法律上说,我们认为他有好多违反《法官法》和法官职业道德的,比如说他开庭的时候,他不让我们讲话,有好多话题不让律师说,说就打断。安检的时候,法律上有规定,律师是不应该安检的,但是他要强行安检我们的东西,甚至把我随身携带的这些衣服全都一件件抖出来。”

另外,依兰法院刑庭法官及副庭长张安克、法官吕守芳,还要求律师们前往依兰县司法局验证审查,确定律师不是法轮功修炼者后,才能批准辩护。

郭海跃:“更可恶的是,我们要求阅卷、要求出庭的时候,他居然把我们支配到司法局,说法院有权力去核实我们的身份,这些行为都是不合法的。”

律师们认为,依兰县法院的上述做法是在滥用司法权剥夺辩护权,严重的破坏了国家审判制度和律师辩护制度。

依据大陆《法官法》第三十二条,法官不得徇私枉法;不得滥用职权,侵犯自然人、法人或者其他组织的合法权益;不得玩忽职守,造成错案或者给当事人造成严重损失。对此,8名法轮功辩护律师联名向依兰县人大常委会递交了建议书,要求依法免除刑庭副庭长审判员张克安、审判员吕守芳及合议庭其他有关成员的职务。

此外,据报导,在今年的7月31号以及6月17号,依兰县法院曾3次非法开庭审理了多名法轮功学员。律师们认为,几次庭审中的当事人基本涉及一些共同事实,完全可以一次庭审,但却被依兰县检察院违法拆分。

郭海跃:“这个案子应该是十几个人,然后他把这个案子拆成好几份,一共13个人他拆成4、5个案子来审理。”

依兰县法院在几次庭审期间手段尽出,不但使律师们无法有效履行辩护职责,更是阻止法轮功学员自我辩护和家属辩护,破坏法律实施,因此律师们在控告书上也向当局提出了纠正依兰法院剥夺辩护权的违法行为的要求。

北京落辉敦煌律师事务所律师李长明:“有的地方刁难就是不让你参与辩护,有的就是说卷宗不让你复印,让你摘抄。”

按照中国现行法律,没有一条法律明确规定法轮功属于邪教。因此,近年来,大陆有近百名律师以此为依据,为法轮功学员做了近千场无罪辩护。

李长明:“因为那个罪名呢,我们认为现在不构成犯罪嘛。因为它不符合两个(犯罪)构成要件。”

律师们指出,定罪法轮功其实是违法中国《宪法》和法律的,因此法官才会想尽办法阻止律师为法轮功学员做无罪辩护。但是,由于越来越多的法轮功学员和家属掌握了相关的法律知识,自今年以来,大陆各地发生了多起被非法判刑的法轮功学员家属或辩护律师控告法官枉法事件,不但引发了外界关注,也赢得了法律界和民众的支持。

采访/陈汉 编辑/张天宇 后制/葛雷
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Eight Lawyers Prosecuted Judges For Abusing Their Powers

Recently, eight lawyers jointly prosecuted officials from
Yilan County Court in Heilongjiang Province.
Lawyers requested the Chinese Communist Party (CCP) to
remove several officials including a judge.
Lawyers said that the officials had abused their power by using
all means possible to refuse Falun Gong practitioners a defense
of “not guilty” in court.
The officials’ behaviors violated the “Judges Law”.
The CCP should investigate those responsible.

On August 15, Minghui website reported that eight lawyers,
including seven from Beijing and one from Guangdong sued
Judge Lü Shoufang and other officials of Yilan County Court.
From June to September 2013, during the trials of Falun Gong
practitioners, lawyers were prevented from entering the court.
The court refused to deliver indictments, did not allow lawyers
to read case files, or notify lawyers of the starting date of trials.
The lawyers had illegal searches performed on them, including
threats, intimidation, their defense speeches interrupted in court.
The court even interfeared with lawyers’ microphones to stop
their debates being heard.

Guo Haiyue, lawyer in Beijing Daoheng Law Firm: “The judge
violated “Judges Law” and professional ethics of judges.
For example, in court, they didn’t allow us to speak.
We were not allowed to mention many topics; as soon as we
talked about a censored topic, they interrupted us.
Lawyers don’t need security checks by law, but they forced
us to be checked.
They checked my clothes I carried and took each one out.”

Zhang Anke, vice-president of the criminal court and judge Lü
Shoufang told lawyers to go to Yilan County Bureau of Justice.
After lawyers identified themselves as not being Falun Gong
practitioners, they were allowed to defend Falun Gong.

Guo Haiyue: “When we requested to read files of the case and
attend court, they sent us to the bureau of justice instead.
They said the court also needed to identify us,
all their practices are illegal.”
Lawyers believe that Yilan court has violated the law and
deprived people the rights to a defense.

It has severely damaged the justice system and the
lawyers’ defense system.
According to Judges Law Article 32, judges shouldn’t bend
the law for personal gain and shouldn’t abuse their power.
They shouldn’t infringe upon citizens, organizations
and their legal interests.
Judges must not neglect their duties, causing misjudgment
or serious damage to the plaintiff.
Regarding this, the eight lawyers submitted their proposal
to the Standing Committee of People’s Congress.
The proposal requests removing Zhang Anke, Lü Shoufang
and other officials who breached the law from their positions.

Sources said that Yilan County Court opened a trial of several
Falun Gong practitioners three times between June 17 to July 31.
Lawyers believe that plaintiffs had similar issues and facts, to
be classified as one case.
However, Yilan court illegally divided them up.
Guo Haiyue: “The case had involved quite a few people.
The court divided them into several cases.13 people were
separated into four or five cases.”

Yilan court used tricks in several trials, so lawyers can’t
effectively fulfill their duties.
The court stopped Falun Gong practitioners from defending
themselves, and didn’t allow their families’ to defend them.
The court damaged the implementation of law.
So in the proposal, lawyers requested the CCP to
correct Yilan court’s illegal practices.

Li Changming, lawyer in Beijing Luohui Dunhuang Law Firm:
“They make things difficult, to prevent you from participating
in the defense. For example, they said we can’t photocopy the
files, only allowing information to be written down by hand.”

In China’s current law, it isn’t stated anywhere
that Falun Gong is a cult.
So in recent years, many lawyers have defended thousands
of Falun Gong practitioners as not guilty.
Li Changming: “These so-called crimes, we don’t think they
are crimes.
As two elements can form a crime, they had neither.”

Lawyers said that to sentence Falun Gong practitioners
is against China’s law.
So judges used all means to prevent them from
defending Falun Gong as not guilty.
Now more and more Falun Gong practitioners and their
families have gained knowledge of law.
Since 2013, several incidents have taken place of Falun Gong
practitioners being illegally sentenced.
Their family or lawyers then prosecuted the judges.
It drew attention and it also won support from the
law society and the public.

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