【禁闻】凭什么赶律师? 律师:两高始作俑

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【新唐人2015年1月31日讯】1月28号,中共党媒《人民日报》发表题为“凭什么把律师赶出法庭”的文章,声称中共的最高检察院检察长还有最高法院的院长,也就是俗称“两高”的头,同时在会议上为律师发声。那么我们看中国维权律师的执业环境是近期越来越艰难,有分析认为,对于律师的迫害和压制,实际都是“两高”带的头。

《人民日报》28号刊登“凭什么把律师赶出法庭”的署名文章。文章说,在刚刚结束的全国高级法院院长会和全国检察长会议上,最高法院院长周强表示,对法官老是把律师赶出法庭百思不得其解。最高检察院检察长曹建明则要求:严禁滥用“特别重大贿赂案件”限制律师会见当事人。

《南方都市报》三天前也发表观点类似的社论——“‘把律师赶出法庭’,法治将百思不得解”,认为最高法院已经准备修改完善庭审规则,更重要的是,这次高院在保障律师辩护权上,表明了积极态度。

尽管《人民日报》的文章认为,这是“两高”明确的给律师撑腰。不过广东维权律师隋牧青认为,中共高官说出话,很大成分财富上是在作秀,在没有看到实质性的改变之前,不能太乐观。

广东维权律师隋牧青:“这种对律师的不尊重,或者对律师的这种迫害、压制,其实从最高院、最高检带的头,比如说,不得对律师安检是最高法院制定的规则,但是最高法院就对律师安检,自己制定的规则你都不遵守,你怎么可能要求下面法院都遵守这些规则呢?”

隋牧青表示,目前大陆维权律师的执业环境越来越艰难。维权律师被判刑、被关押、被殴打、被当庭抓捕、被拒绝会见、拒绝阅卷、被驱逐、被罚款等,基本都是“两高”的滥权或纵容。

隋牧青:“比如说,我在丁家喜案开庭,法官和检察官,那种非法非常严重,法官不让说话,然后直接出口‘你给我闭嘴’,不允许讲话。所以我们没法进行,这种状态已经是家常便饭了,偶尔不受到刁难,觉得运气真好。”

就在两天前,还同时发生两起大陆维权律师遭受警察殴打、辱骂和拘禁的恶性事件。

28号北京律师王宇在河北枣强县看守所,为被关黑监狱遭到刑讯逼供的当事人写控告信,遭警方非法拘禁半小时,律师证也被扣押,一天后才要回来。

北京律师王宇:“如果你认为我违法了,你可以治安拘留我。你要认为我犯罪了,你可以刑事拘留。哪条法律说有什么情况发生,你可以把律师的执业证扣下?这明明是在侵犯律师的辩护权、执业权。”

同一天,黑龙江“建三江案”的两名代理律师龚祥栋、张维玉,和当事人家属到建三江看守所会见被非法关押的法轮功学员石孟文,也遭到看守所殴打、辱骂和拒绝会面。

石孟文前妻刘浦梅:“我带着律师去的,看守所所长叫人把律师都给打了,给我们都推出来了,他们推推搡搡一大帮,10多个人来推我,连推带打的那种情况,完了他们又去捂著律师,把律师抖搂出去了,连打带搡的。”

“建三江案”发生于去年3月,唐吉田等4名维权律师到当地代理法轮功学员案子时,与当事人家属石孟文等7名法轮功学员,一起被抓捕。4名律师共被打断24根肋骨,3名法轮功学员被迫害得生命垂危后,陆续被放出,但石孟文等4人被关押至今。

近一年来张维玉、王宇等8名律师,因代理“建三江案”,无数次遭警方非法安检、搜身、拒绝会见、殴打等。1月8号,建三江法院在没有通知律师和家属的情况下,对石孟文等人秘密庭审结束,至今仍没宣判。

去年12月11号,湖北律师张科科在法庭上为一名法轮功学员辩护时,说了一句“中国宪法保障公民言论自由和信仰自由”,就被法警当庭抓捕。随后,数百名律师联署,呼吁中共人大常委会、高检就律师权益进行督导检查和法律监督。

采访编辑/李韵

Why Expel Lawyers?
Supreme Procuratorate And Supreme Court The Culprit

On Jan. 28, Chinese Communist Party mouthpiece People’s Daily
published an article titled, “Why Expel Lawyers From Court,"
claiming that heads of the Supreme People’s Procuratorate and
Supreme Court all voiced up for lawyers at a conference.
The career condition of Chinese rights lawyers has become
more difficult recently.
Analysis says the persecution and suppression to lawyers are
actually led by the “two supremes".

The People’s Daily article says, at the recent meeting of the
National Supreme Court Presidents and National Attorney,
president of the Supreme Court Zhou Qiang indicated that he
was confused with why judges often drive lawyers out of court.
Attorney general of the Supreme People’s Procuratorate
Cao Jianming clearly demands to strictly prohibit the practice
of restraining lawyers from visiting clients involved in
“especially major bribery cases."

Three days ago, Southern Metropolis Daily also published
a similar idea opinion article titled “Expelling Lawyers From
Court, Rule of Law Would Be Confused", indicating that the
Supreme Court has planned to improve trial rules.
More importantly, the Supreme Court declared a positive
attitude to protect lawyer’s defending rights.

Although People’s Daily believes that the “two supremes"
clearly support lawyers, Guangdong rights lawyer Sui Muqing
believes that high level communist officials often speak empty
words to put up a show.
Before seeing any substantive changes, one cannot be
too optimistic, Sui said.

Sui Muqing, rights lawyer in Guangdong Province:
Such disrespect, persecution and suppression to lawyers
is actually led by the
Supreme Procuratorate and Supreme Court.
For instance, the Supreme Court made a rule that lawyers
may not go through the security check, however, the Supreme
Court just forces to check lawyers.

It doesn’t even comply with its own rule, how could it require
courts under it to comply with the rules?

Sui indicated that the career environment for rights lawyers
in mainland China has become increasingly difficult.
Many lawyers have been sentenced, detained, beaten,
arrested in court, rejected to visit clients, rejected from#
reading case documents, expelled from court
and fined fees, etc.
It’s basically a result of the “two supremes"
abusing power and indulgment.

Sui Muqing: For instance, when I was at the trial of
Ding Jiaxi case, the judge and prosecutor very severely
violated the rule.

The judge didn’t allow me to speak.
He directly said ‘You shut up.’ I wasn’t allowed to speak.
Thus, we couldn ‘t continue.
Such situations are so common now.
On occasions if they didn ‘t make things difficult for me,
I would feel very lucky.

Two days ago, two incidents of police beating, cursing, and
detaining rights lawyers took place in mainland China.

On Jan. 28, because Beijing lawyer Wang Yu wrote a complaint
letter at the Zaoqiang County detention center in
Hebei Province for his client who was tortured to
confess there, lawyer Wang was illegally detained by police
for half an hour.
The police also seized his lawyer ‘s license,
and didn ‘t return it until the next day.

Wang Yu, lawyer in Beijing:"If you thought I violated the law,
you could put me under security detention.
If you thought I committed crime, you could put me
under criminal detention.
Which law says that you can seize my lawyer ‘s license?
It obviously harmed lawyer ‘s right to defense and
right to practice."

On the same day, two lawyers Gong Xiangdong and Zhang Weiyu
handling the Jiansanjiang case in Heilongjiang Province,
accompanied by the client ‘s family, went to visit their client.

Shi Mengwen is a Falun Gong practitioner, who was illegally
detained at the Jiansanjiang detention center.
The lawyers were beaten and cursed by police,
and were refused to visit the client.

Liu Pumei, ex-wife of Shi Mengwen: I went with the lawyers.
The detention center head ordered police to beat the lawyers.
They pushed us all out.
There were over 10 people pushing me,
pushing and punching me.
And then, they dragged the lawyers out, beating
and pulling them.

The Jiansanjiang Incident took place in March last year.
Four rights lawyers including Tang Jitian went to deal with
a case of some local Falun Gong practitioners.
They were arrested along with 7 other Falun Gong practitioners
including family members of the clients.
The four lawyers were beaten, with 24 broken ribs in total.

Three of the arrested Falun Gong practitioners were later
released due to a severe health condition after torture.
But the other 4 including Shi Mengwen
are still being detained.

Eight lawyers including Zhang Weiyu and Wang Yu have been
illegally forced to have security check and body searches
before trial, rejected visiting clients, and beaten many times
in the past year, when they handled the Jiangsanjiang case.
On Jan. 8, Jiansanjiang Court ran a secret trial of the 4
Falun Gong practitioners without informing any lawyer
or family member.
The sentence hasn ‘t been announced.

Lawyer Zhang Keke from Hubei Province during a trial of a
Falun Gong practitioner: China ‘s constitution guarantees
citizen ‘s freedom of speech and freedom of belief.

He was then arrested in court by police because of it.

After that, hundreds of lawyers jointly petitioned to appeal
the Standing Committee and Supreme Procuratorate to protect
lawyer ‘s rights by implementing
supervision and legal supervision.

Interview & Edit/LiYun

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