采访/陈汉 编辑/张天宇 后制/葛雷
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
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.