【禁聞】當庭遭「驅趕」 陸律師權益難保

【新唐人2014年12月24日訊】近年來,中國大陸公、檢、法系統侵害律師權益的現象日趨嚴重。僅最近一個星期,各地至少發生了三起律師被禁止行使辯護權、被剝奪出庭權、被非法扣押、甚至被暴力毆打的惡性事件。繼黑龍江建三江、吉林遼源法院非法拘押辯護律師後,日前,代理「廣東韶關法輪功案」的律師在為當事人辯護的時候,也遭到了審判長粗暴對待,還被法警強行架出法庭。

廣東法輪功學員陳雪清與付赤英的案件,12月20號在韶關市曲江區法院開庭審理。法庭上,被告辯護律師的權益受到了嚴重侵害。

法輪功學員付赤英委託的廣東律師劉正清,向《新唐人》講述了他在庭審前後受到的種種不公正對待。

廣東律師劉正清:「當時,我一進法庭,外面就有很多警察和特務將近幾十個,不讓我進法庭,要檢查我的包。我就跟他們吵起來了。因為沒有律師進去,這個庭就開不上,所以他們就讓我進去了。」

因為中國最高法院有明確規定律師不需要安檢,劉正清據理力爭,最終才被允許進入法庭。

劉正清說,兩名被告,法庭只允許三名家屬旁聽。可容納兩百多人的法庭,幾乎坐滿了當局安排的所謂「旁聽」人員,估計大多來自「610」系統。庭審期間,劉正清遭到了審判長的粗暴對待,不但被剝奪了律師辯護權,還被法警強行「驅逐」法庭。

劉正清:「他不許我從法律上辯護,只能說事實(訴詞)。我要求從法律上辯護,有四、五個警察把我就架出去了。一架出去,有一個便衣特務就故意撞我一下,撞的很重。」

離開法庭後,即使在餐廳吃飯期間,劉正清依然受到了幾十名便衣的跟蹤監視,最後不得不從餐館後門偷偷離開。

劉正清告訴記者,他被「驅逐」法庭後不久,法官就宣佈了休庭。他表示,當局以非法手段阻止律師為當事人辯護,違反了相關法律程序。對此,他將會提起上告,並將整個事件在網上披露。

據律師們介紹,自1999年中共當局鎮壓法輪功以來,被非法關押的法輪功學員幾乎沒有任何申訴渠道,要法院對涉法輪功案件立案難如登天,即使立案也很難請到律師,就算開庭也是不公正審判、不許家人旁聽、禁止律師閱卷、辯護甚至出庭。法律、人權、律師的權益都遭到了肆意踐踏。

這起案件中的另一名法輪功學員陳雪清,就沒能找到敢於為她辯護的律師。

劉正清:「他們就找不到律師啊,律師不敢接。接了也是做『有罪辯護』。沒用啊!」

然而,近年來,大陸律師,尤其是維權律師,因為關注人權和代理所謂「敏感」案件,而受到當局打壓、迫害的事件頻繁出現。例如之前曾轟動海內外的「建三江」事件,以及剛剛發生在吉林遼源的非法扣押律師事件等等。律師本身的人權狀況都令人擔憂。

浙江杭州維權律師王成:「全國範圍內應該說是,全方位的律師的辯護權益得不到一個最基本的保障,現在這種情況比較多吧。至少說四中全會開過之後,各方面的情況其實也看不到甚麼好轉。」

劉正清:「它(中共)已經瘋惡到了極致了。反正也差不多了,末日就要到了。」

儘管中共當局不斷加強針對維權律師的打壓,但願意站出來制止當局對法輪功迫害的律師卻越來越多。據《大紀元》報導,截至今年11月,大陸已經有624位律師表示願意受理法輪功案件,為法輪功學員做無罪辯護。

採訪/田淨 編輯/張天宇

China Court Abuses Lawyer Defending Falun Gong

The Chinese Communist Party´s (CCP) legal system has
recently intensified its suppression of lawyers´ rights.

In the past week, there have been at least three court trials
in which lawyers were deprived of defending rights,
driven out of court or illegally arrested.

Following incidents in Jiansanjiang of Heilongjiang Province
and Liaoyuan of Jilin Province recently, another lawyer was
abused by the CCP´s judge as he defended a Falun Gong
practitioner in Shaoguan, Guangdong Province.

The judge eventually ordered bailiffs to forcibly expel
the lawyer from court.

Falun Gong practitioners, Chen Xueqing and Fu Chiying, from
Guangdong were put on trial on Dec.20, at a court in Qujiang
in Shaoguan City.

The lawyers defending them had their basic rights violated
in an extremely bad manner.

Liu Zhengqing, the defending lawyer for Fu Chiying, told NTD
that he had been treated unfairly in the court trial.

Liu Zhengqing, Lawyer in Guangzhou: “When I arrived, there
were dozens of police and special agents outside the court
and they blocked me, attempting to inspect my bag;
so I disputed with them, until they had to let me go,
otherwise the trial could not begin.”

The CCP´s Supreme Court has a clear rule that
lawyers should not be subjected to security checks.

On this basis, Liu Zhengqing made his best efforts to dispute
the inspection and was finally allowed access.

Liu says, the court gave hearing permission to only three
family members of the two defendants.

The courtroom can hold over 200 people, and was filled with
officers who were most likely from the 610 Office.

During the trial, the chief judge was rude towards Liu,
deprived him of his defending rights, and ordered bailiffs
to drive him out.

Liu Zhengqing: “The judge didn´t allow me to make a defense
based on laws, and only allowed me to speak about so-called
『facts』 in the litigation documents.”

“I demanded to defend my client in law, but ended up being
forcibly expelled by four or five police officers.”

“A plainclothes also hit me pretty hard on purpose,
immediately after I was driven out.”

After leaving the court, plainclothes kept tracking Liu, even
as he entered a restaurant; he exited secretly by a backdoor.

Liu says the judge announced adjournment
soon after he had been banished.

The court´s blocking of a lawyers´ defense is a legal violation
and he will appeal to a higher court, says Liu,
and also expose his story on the Internet.

Many lawyers have experienced that, since the CCP´s
persecution of Falun Gong began in 1999, there have been
hardly any legal channels for practitioners to appeal
when they were illegally detained.

It』s almost impossible that any court will accept Falun Gong
cases, and even if a case does come to trial, it´s not open to
the public or family members, and lawyers are not allowed
to go over materials, make a defense or even attend a trial.

The law, human rights and lawyers´ career rights
are being flagrantly abused.

The other defendant of the trial, Chen Xueqing
could not find any lawyer to defend her.

Liu Zhengqing: “They could not find any lawyer, because
most lawyers haven´t got enough courage to take the case.”

“Anyway you are not allowed to advocate the innocence of
defendants in Falun Gong cases.”

In recent years, mainland lawyers, especially rights lawyers,
have been frequently suppressed or persecuted by the CCP
if they touched any so-called “sensitive” cases.

Examples include the widely reported Jiansanjiang incident
and the illegal arrest of lawyers in Liaoyuan, Jilin Province.

Wang Cheng, Rights Lawyer in Zhejiang: “All over China,
there´s no systematic protection of lawyers´ defending rights,
so stories like this (in Guangzhou) are frequently seen;
even after the Fourth Plenary Session I see no improvement.”

Liu Zhengqing: “The CCP has gone to the extreme in madness
and evilness—in any case, its doomsday is coming soon.”

Despite the CCP tightening its suppression over lawyers,
more people are now willing to stand up against
the persecution of Falun Gong.

624 mainland lawyers say they are willing to defend
an innocent plea for Falun Gong practitioners,
according to a recent report by The Epoch Times.

Interview/Tian Jing Edit/Zhang TianYu

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