【禁闻】不要逼我﹗刺死拆迁人员的罪与罚

【新唐人2013年12月20日讯】12月初江苏苏州一件征地拆迁事件,酿成两败俱伤的血案﹗两名拆迁人员被房主刺死,而房主日前被批准逮捕。综合事发现场目击者描述,导致冲突升级的直接因素是﹕房主的妻儿被拆迁人员暴力殴打,继而引起房主的愤怒。而房主事发之前因自家房子拆迁的事,从2004年起开始上访,今年还进京上访两次,并留下一份“遗书”,指称遭“强迫签字”。

对于12月3号发生刺死拆迁人员的经过,苏州市高新区公安分局辩称,拆迁人员是去“商谈拆迁事宜”,但房主范木根的家人则认为,拆迁工作人员是要将64岁的范木根带走,胁迫他在拆迁协议上签字。因范木根不从,而发生冲突。

流血冲突就发生在范木根家门口。媒体报导,范木根的儿子范永海回忆,当他和几名亲戚赶回家里,看到范木根被几名拆迁人员架到门外小路,他们手里都拿着可伸缩的钢棍,“问都没问,看到就打。”范永海的眼角被打伤。而范木根头部被打,受伤倒地。范木根妻子为了护住丈夫的头,用右手去挡钢棍。事后医院诊断她的右手手臂骨折。

据大陆维权律师刘晓原转述,范木根表示,当时他的头部被逼迁人员打了几下,就顺手从腰间拔刀往后刺了对方,又刺向打妻子的另一人。目击者证实,范木根的妻、儿被打,引起范木根的愤怒。

大陆维权律师唐吉田:“据我对这个案情的了解,从法律上可以偏向于,就是一个正当防卫,他面对自己家人的权利受到这种严重威胁采取的行动,从法律上来讲,我认为他是不应该负刑事责任的。”

12月16号,苏州市虎丘区人民检察院批准逮捕范木根,以“涉嫌故意伤害”对他刑事拘留。而动手打人的拆迁人员吴某、戚某、和孙某等6人,也因“涉嫌寻衅滋事”被虎丘区公安分局刑事拘留。

截至12月18号,已有1000多人在网上签名,支持“无罪释放范木根”的联署活动。据中国《维权网》报导,活动持续受到社会各界回应,更有苏州市民在街头主动为范家募捐。

而刘晓原律师在微博中透露,范木根已签署行政起诉状,状告虎丘分局指派辅警出警的违法行为,起诉状17号下午已经由律师递交到虎丘区法院。

据了解,事发前,戴白色头盔的辅警已在事发现场,却不阻止。

中国自由撰稿人刘逸明:“现在应该说事实是很清楚的,他是正当防卫,警方应该对他进行无罪释放,而不是对他进行正式逮捕。”

据报导,今年10月,村干部领着拆迁公司的工作人员来到范家,但双方的谈判并没有谈拢。随后,范木根发现,自家玻璃在夜里被人用砖块砸坏,部分日用品被扔到井里。范木根夫妇为了躲避拆迁人员骚扰,一度住到了亲戚家。

北京维权人士肖青山﹕“我认为他那两个土匪就应该把他杀掉,房子里面那十几人全部应该干掉。如果在美国是可以拿起冲锋枪把他全部杀掉。”

今年11月5号,范木根留下一份“遗书”说,遭到拆迁公司“强迫签字”。

对于虎丘区公安分局在这起拆迁纠纷中,事前不作为,没有保护房主,事后还偏袒拆迁公司,大陆维权律师唐吉田认为,公安分局明显行政违法,应该受到调查,并追究相关人员责任。

刘逸明﹕“我觉得中国的司法是不能够做到独立的,很多时候司法机关都是在为政权保驾护航,如果是平民伤害官方人员,你是正当防卫也会被治罪,如果是官方的人员伤害了平民,很可能就是不了了之,或者就是从轻发落。”

刘逸明表示,对中国的法治不要抱太大的希望,因为在中共一党专制的前提之下,中国的司法不可能做到独立,平民老百姓只能成为任官方宰割的羔羊﹗

采访/陈汉 编辑/周平 后制/李勇

Man Arrested for Stabbing Demolition Workers Defending Property and Family

On December 3, there was a forced eviction and
demolition incident in Suzhou City, Jiangsu Province.
The incident saw blood shed on both
sides of the conflict which resulted.
The owner of the property, who was arrested recently,
reportedly stabbed two demolition workers to death.
Witness accounts reveal why the situation escalated.

The owner’s wife and son were violently assaulted by the
demolition staff, which triggered the owner to become angry.
The owner began appealing in 2004
against his property being demolished.
He had twice appealed in Beijing in 2013.

He left a testament stating that
he was forced to an agreement.

Public Security Bureau fro the Suzhou High Tech New
Development Area reported that demolition workers went
to discuss the demolition with the owner, Fan Mugen.

However, Fan Mugen’s family members began arguing.

Demolition workers were forced
to take away 64 year old Fan.
They tried to force him to sign an agreement.
Fan refused, and conflict began to break out.

A bloody conflict took place at the gates of the property.
Local media reported recollections
of Fan Mugen’s son, Fan Yonghai.
When he and several of his relatives arrived at
the property, they saw his father being dragged
down a small path by some demolition workers.

The workers had retractable steel batons in their
hands and “violently attacked us without any questions".
The corner of Fan Yonghai’s eye was injured. His fathers
head was beaten, and he was lying on the ground, injured.
In order to protect her husband, Fan Mugen’s wife
used her right hand to resist a steel stick attack.
Afterwards, the hospital diagnosed
that her right arm had been broken.

Mainland Chinese human rights lawyer
Liu Xiaoyuan spoke about the incident.
Fan Mugen said that when his head was hit by the demolition
workers, he then took out the knife and stabbed the attacker.
He also stabbed another attacker, who had hit his wife.

Eyewitnesses confirmed that the assault
on Fan’s wife and son made Fan angry.

Mainland human rights lawyer Tang Jitian:
“According to my understanding of the
case, and from a legal perspective, I prefer
to see the case as a legitimate defense.
It is an action taken when his and his family
members’ rights were seriously threatened.
Hence, from a legal angle, I don’t think
he should receive a penal punishment."

On December 16, the Procuratorate of Huqiu District,
Suzhou Cityapproved the arrest of Fan Mugen.
Fan is detained under “suspicion of intent to injure".

The six demolition workers include
a Mr Wu, Mr Qi, and Mr Sun.
They are also all under detention, on
“suspicion of provocation and disturbance".

Up until December 18, more than 1000 netizens signed
an internet petition to “acquit Fan Mugen without charge".
According to the Chinese Human Rights Defenders website,
the event has seen active response from all walks of life.
Some Suzhou residents are actively undertaking
fundraising on the streets, to support Fan’s family.

Lawyer Liu Xiaoyuan commented on his micro-blog.

Fan Mugen signed an administrative complaint
on the illegal behavior of the assistant police.
These police were dispatched by the
Public Security Bureau in Huqiu District.
Liu delivered the complaint to Huqiu District
Court on the afternoon of December 17.

It is understood that before the incident,
these assistant police, armed with white
helmets, based themselves at the site.

However, they did not stop the attack
on Fan and his family members.

Liu Yiming, Chinese writer: “At
present the facts should be very clear.
Fan was legitimately defending his family, and the
police should acquit him rather, than arrest him."

It has been reported that in October this year, local village
officials led the demolition staff to visit Fan’s home.
Negotiations failed to reach an agreement.

Following the meeting, Fan found the windows in his
property had been damaged by bricks being thrown.
Some of his belongings had been thrown into a well.

He and his wife had to stay at their relatives
house for a while to avoid further harassment.

Xiao Qingshan, Beijing activist: “I think
these two bandits should be killed.
In the US, people can protect their property like that."

On November 5, Fan Mugen left a copy of a
testament, on which he says that he was forced
to sign an agreement by the demolition company.

Lawyer Tang Jitian commented on the lack of action
from police to protect the owner during the incident, and
on taking the side of the demolition company afterwards.
The local police station seems to have
behaved illegally, and should be investigated.

Liu Yiming: “I think the Chinese justice
system cannot be independent.
Most of time, the justice department
only supports the regime.
If a civilian hurts an official, he will be punished,
even if he undertakes legitimate defense.
If an official hurts a civilian, then the result
will be that probably nothing will be done,
or only a light punishment of the official."

Liu suggests not to expect rule by law in the current China.
Under the rule of the Chinese Communist Party, it is
impossible for a judicial system to be independent.
Ordinary people are at the mercy of the regime.

Interview/ChenHan Edit/ZhouPing Post-Production/LiYong

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