【禁闻】刘萍举牌被捕将开审 成判罪风向标

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【新唐人2013年10月10日讯】中共目前已经拘押了至少10名倡议官员财产公开的活动人士。江西新余49岁维权人士刘萍,因在街头举牌要求官员公开财产,今年5月遭公安刑事拘留。法院10月中旬即将对刘萍开审。律师呼吁外界关注此案的进展,因为“刘萍案”,极有可能成为其他被捕人士判罪的风向标。

曾独立参选地方人大代表的刘萍,在今年4月23号,声援北京“公民要求官员公布财产”的举牌活动中被捕。5月7号,江西新余市公安局以涉嫌“煽动颠覆国家政权罪”将她刑事拘留。检察机关在批准逮捕刘萍时,将罪名改为“非法集会”。近期又追加了“聚众扰乱公共场所秩序罪”以及“利用邪教组织破坏法律实施罪”两项罪名。

刘萍的律师张雪忠认为,因为警方指控刘萍“非法集会”的办案过程,存在严重的违法行为,不具备说服力,才又追加两项新罪名,他觉得,新罪名甚至比原先的罪名,更加荒唐可笑。

中国维权律师马纲权认为,要构成“非法集会”,必须先认定是不是集会。

中国维权律师马纲权:“另外一个方面,这个集会也是我们国家赋予公民宪法性权利,既然有宪法规定了集会自由,那么就不能加以限制,非法集会里面有一个比较重要的行政强制程序,有集会了,公安机关必须发布一道解散集会的命令,在集会的人拒不执行的情况下,按照刑法规定,才构成非法集会罪。”

而中国维权律师赵永林表示,扰乱公共秩序、非法聚会,和寻衅滋事等,是目前中共当局对公民打压经常使用的罪名。

中国维权律师赵永林:“整体她的这个罪名,我们是感觉不合适的。我们经常看到在大陆很多公园里边、在马路上一些这样的舞蹈、那些唱红歌的那样的聚会都没人管,这说明用这种罪名去对待的不是这种形式,而是说你的内容是什么﹖什么叫非法聚会﹖这个在界定上,我感觉这可能是政府构陷公民的一个法律手段,这些罪名都是一些‘口袋罪’。”

一位不愿透露姓名的人权律师表示,从警方三度更改刘萍的罪名不难看出,没有一个罪名是成立的。因为公民聚餐讨论、写文章、接受采访、拍照都属于公民的言论自由范畴,根本不构成违法犯罪。

在北京因举牌、参与要求官员公示财产的袁冬、丁家喜、赵常青等“十君子”,以及新公民运动支持者、中国知名投资人王功权,被抓捕的时间都比刘萍早,但迟迟没有进入审判程序。

刘萍的律师张雪忠呼吁外界关注此案进展,因为它极有可能成为当局对“新公民运动”被捕人士判罪的风向标。

赵永林认为,这是中共高层达成的共识。

赵永林:“(刘萍案)是最近一段时间以来,全国公民运动抓捕的第一个开庭案。它不是一个普通的案件,因为他们没把它作为一个普通的案件去对待。现在通过这种个案,我们也是在判断政府对待公民问题上,下一步走向是一个什么样的态度,这也是我们非常担心的一点。 ”

网友余承冬在微博上表示:财产公示真的会颠覆这个政权吗?

北京维权人士胡佳认为,当局审判刘萍,是为震慑这些当局认为最具威胁性的组织化和街头化行动。

星期一,刘萍的女儿廖敏月在微博中透露﹕她被要求噤声,不允许接受媒体采访,要不然会受到处分。

采访编辑/易如 后制/周天

The CCP’s Witch Hunt Trial of Liu Ping – The Result may be a Watershed

The Chinese Communist Party (CCP) has detained at least
10 activists who demanded that officials publish an account of
their properties.

Liu Ping, a 49-year-old activist from Xinyu of Jiangxi province
was criminally detained by Police in May after she had hung
a poster up which asked the officials to publish their property.

Her case will be tried in court in mid October.

Lawyers appealed for the case to be moved and processed
to an outside venue because this trail maybe the weather vane for
the trials of other activists’ cases in the future.

Reporter:
Liu Ping had been elected the independent candidate of the
Local People’s Congress.
On April 23, she was arrested when she was attending the
activity “Supporting Beijing Citizens’ Demand for Officials
to make Public their Properties".

On May 7, the Xinyu city Public Security Bureau issued a
criminal detention decision for the crime of
“Inciting subversion of state power".

But the Procurator changed her crime to “illegal assembly"
when it issued the ratification of the arrest. Recently, the
Procurator added two more charges against her which are the
“crime of assembling a crowd to disturb order at public places" and
“crime of sabotaging legal enforcement by using evil religion".

Zhang Xuezhong, the defense lawyer for Liu Ping, confirms that
the police accusing Liu Ping with the crime of “illegal assembly"
is a serious accusation.

Being accused of this crime can’t persuade the people, so then
the police added more two crimes. But the new allegations are
more ridiculous than the first one.

Ma Gangquan, a China human rights lawyer thinks that,
it must be established whether it is an actual assembly or not,
before a person can be named with the crime of “illegal assembly".

Ma Gangquan, a China human rights lawyer: “The Right of
Assembly is a right that the Constitution grants to the people.
With the definition by the Constitution, the Government
Cannnot limit assembly.
'Illegal assembly' has an important forced administrative
process which is: the police must order the assembly to disband.
If the activists didn’t agree to leave, the assembly can be an
illegal assembly according to the definition of the criminal law."

Zhao Yonglin, a Chinese human rights lawyer said that now
The CCP frequently uses crimes like, the offence of Disrupting
the Public Order, Illegal Assembly, the crime of Provocation.

Zhao Yonglin, a Chinese human rights lawyer, “In general,
we feel the crimes Liu Ping’s is charged with are inappropriate.
We often see people assemble in the parks, on the streets to
dance and sing the red songs. But nobody bothers them.
It shows that the police don’t control the mode of
assembly, but the topic of the assembly.
What is the illegal assembly? I do feel that it’s the legal
way that the Government uses to frame the people.
These crimes are 'pocket sin'."

An anonymous human rights lawyer said that: it’s easy to
see that none of crime are real when the police altered
the crimes three times.

Because people have the rights to eat together,
discuss together, write articles, accept interviews, take
photos and so on. It can’t be a crime.

In Beijing, Yuan Dong, Ding Jiaxi, Zhao Changqing and other
members of the “ten gentlemen" who demanded the officials
to make public their properties, the famous investor Wang
Gongquan who is also a supporter of the new citizens’
movements, were arrested before Liu Ping, but none of them
have been tried until now.

Zhang Xuezhong, the defense lawyer of Liu Ping appealed
for the case to be moved to an the outside venue, because
it may be a weather vane for the government trials against
the other arrested activists of the new citizen movements.

Zhao Yonglin thinks that this is a consensus of the CCP senior
leaders.

Zhao Yonglin:"Liu Ping’s case will be the first case against
the big arrestment of the national citizens’ movement.
It is not an ordinary case because it is not treated as
an ordinary case. Now we are judging the government’s
attitude and plans on citizens’ issues through this case.
This is the point that worries us very much."

Yu Chengdong, a netizen said on his microblog that
property publicity will really overturn the regime?

Hu Jia, a Beijing activist thinks that the reason why the regime
Is bringing Liu Ping to trial is because they are frightened and
threatened by activities getting more organized
and happening on streets.

Monday, Liao Minyue, the daughter of Liu Ping said on her
microblog that (my mother) was asked to keep silent.
She isn’t allow to accept any interviews,
otherwise she will be punished.

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