【禁闻】又一律师遭刑拘 律师界再次地震

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【新唐人2014年04月15日讯】近段时间以来,大陆频频传出公权力打压维权律师的事件。在备受中国国内外关注的黑龙江建三江事件后,北京再次发生非法拘留律师事件——维权律师王全平因为在自驾车上贴有要求中共官员公开财产的标语,被北京警方绑架后刑事拘留,律师界大为震惊。目前已经有上百名律师加入了“为王全平律师辩护”的声援团,人数还在持续增加之中。

据大陆《维权网》报导,为了旁听4月8号开庭的中国“新公民运动”倡导人之一的丁家喜案,广东律师王全平亲自驱车由广东江门赶往北京。因车身上涂有讽刺性标语,王全平在抵达北京海淀区法院门口时,被当地警方绑架,从此与外界失去联系。

北京律师王宇:“王全平律师是从8号那天下午就失踪了,然后一直就找不到人。周四那天,联系上家属了。公安局,它们没有跟家属联系过。没有给打电话,也没有发通知,按说,应该在24小时之内给家属发通知,或者是电话通知、或者是书面通知,但是家属到现在也没有收到。”

直到10号下午3点左右,王全平的家人经多方打听才得知,王全平已经被北京市公安局海淀分局以“寻衅滋事”的罪名刑事拘留,关押到了海淀看守所。

王全平被刑拘的消息传出后,引发了律师界的愤怒。很多律师纷纷在微博上发声,痛斥当局滥用公权力,肆意打压公民言论自由。也有律师认为王全平的行为没有构成犯罪,警方是“欲加之罪,何患无词”。

山东律师付永刚:“我觉得是很可笑的一个事情,车上写的字无非就是‘人民要求财产公示’,另外就是用编排的语言说‘公仆不需要财产公示’,我觉得是一个人正常的对社会事物的一种判断,或者一个观点。 ‘寻衅滋事’这个罪名是对社会无端生事,对社会秩序造成混乱,或者造成公共财产受损……他这个肯定是不符合‘寻衅滋事罪’的构成条件,肯定是无罪的。”

在谴责当局的同时,数名律师联合发起了“自愿为王全平辩护”、“为维护宪法和法律的尊严而辩护”的活动,截至4月14号中午,响应活动的律师已经达到169人,而且人数还在持续增加。与此同时,湖南律师杨金柱也发出倡议书,倡议为王全平律师组成千人律师辩护团,并且表示“中国律师是抓不完的”!

付永刚:“我们作为律师群体、律师同仁,看到王全平律师发生这样的情况,我们不会坐视不管。第二,我们觉得王全平律师的行为是正当的,是正当的诉求、正当的表达。无论从法律的观点或者从社会判断来说,我们都认为王全平律师做的是非常有意义的事情,主要是每个人都对他这种行为非常赞赏。”

4月14号上午,王全平的代理律师蒋援民和张庆方,在北京市海淀区看守所会见了王全平,并在谈话中得知,王全平因为所谓的不配合命令,触怒了警方,因此遭到报复,从原本的行政拘留被升级为刑事拘留。

王宇:“刚开始的时候,海淀分局给王全平律师作出的处理是行政拘留,但是因为王全平没有配合警方,包括什么签字、按指印类似的这些。 所以警方恼羞成怒,然后给王全平律师给转成刑事拘留,给转送到看守所了。它这是肆意违法, 就完全是公权力滥用的一种行为。”

北京律师王宇表示,4月14号下午,蒋援民和张庆方律师已经向北京市检察院递交了申请,要求检察院对海淀公安分局的滥用公权力行为进行监督和调查。

但有律师对此表示并不乐观,因为中国司法的不独立,造成公、检、法“亲如一家”,因此检察机关根本不能起到真正的监督作用。

采访编辑/张天宇 后制/萧宇

Another Lawyer Detained: Legal Profession React in Solidarity.

Recently, suppression of human rights lawyers
in China has repeatedly been reported.
Following the high-profile Jiansanjiang incident,
lawyers have now been illegally detained in Beijing.
Human rights lawyer Wang Jinping
was detained by Beijing police.
This was because he publicly posted information
about official’s assets on his own car.
Approximately one hundred lawyers have joined
together to defend Wang Jinping, and numbers are growing.

According to Chinese Human Rights Defenders, lawyer
Wang Jinping drove alone from Guangdong to Beijing.
He wanted to attend the trial of New
Citizen Movement advocate Ding Jiaxi.
Wang Jinping was kidnapped by local
police at the entrance of Beijing Haidian Court.
This was because he had a satirical
slogan on the body of his car.

Wang Yu, Beijing Lawyer: Lawyer Wang Jinping
went missing on the afternoon of April 8.
Nobody knows his whereabouts.
We contacted his family; but they didn’t
receive any news from police office.
Police should inform family members within 24 hours by
phone or letter; but the family has not received any news.

At 3pm on April 10, and after several inquiries,
Wang Jinping’s family learned that he had been
detained in Haidian Detention Center by Haidian
Branch of the Beijing Public Security Bureau.
He was charged with the crime of
‘quarrelling and provoking trouble’.

The news of Wang Jinping’s detention
caused anger amongst the legal profession.
Many lawyers criticized the authorities willful
suppression of people’s freedom of speech.
Some lawyers believed Wang Jinping’s
activity did not constitute a crime.
They think the police just detained him by giving him a crime.

Fu Yonggang, Shandong lawyer: “It’s so
foolish, since the slogan on his car was
just ‘people call for property declarations.’
It also had sarcastic words saying that, “public
servants do not need to publicize their property."
I believe this is a correct judgment on the society.
The alleged crime of quarrelling and provoking
troubles is groundless, as is disrupting social
order, and causing damage to public property.
His behavior certainly does not accord
with these crime, and he is no guilty."

In condemning the authorities, a number of lawyers jointly
launched activities to voluntarily defend Wang Jinping.
They seek to safeguard the dignity of the
Chinese Constitution, and uphold the law.
Up until noon on April 14, as many as 169
lawyers have responded to the campaign.
The number is continuing to increase.

Meanwhile, Hunan lawyer Yang Jinzhu also proposed to form
a thousand-lawyer team to defend for lawyer Wang Jinping.
He says, “Chinese lawyers will be too many to be arrested!"

Fu Yonggang: “We as lawyers cannot
ignore what Wang Jinping has experienced.
We believe his conduct was legitimate and proper.
From a legal point of view or from a social judgment, we
believe what Wang Jinping has done is very meaningful.
We appreciate his conduct."

On the morning of April 14, lawyers Jiang Yuanmin
and Zhang Qingfang met Wang Jinping in Haidian
District Detention Center, in order to act as his defence.
They learned in conversation with Wang that his detention
has been upgraded from administrative to criminal.
This was because Wang refused
to cooperate with the police.
The police became angry and sought revenge.

Wang Yu: “At first, Haidian police had detained
Wang Jinping under administrative detention.
But he refused to cooperate with the police, including
refusing to sign a report, or to give any thumbprints.
The police became mad and changed
the conditions to criminal detention.
Lawyer Wang was then sent to the detention center.
This is in violation of the law; an act of abuse of power."

Beijing lawyer Wang Yu indicates that on the afternoon of
April 14, attorneys Jiang Yuanmin and Zhang Qingfang
submitted an application to Beijing Municipal Procuratorate.
They are calling for an investigation into abuse
public power by Haidian Public Security Bureau.

However, lawyers are not optimistic about the outcome.
This is because of the non-independence
of the judiciary system in China.
Supervision of the Procuratorate cannot function fully.

Interview & Edit/Zhang Tianyu Post-Production/Xiao Yu

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