【禁闻】大连法院回避律师审安锅案

【新唐人2013年10月30日讯】10月29号,大连中山区法院在只有司法人员和两名旁听人士的安静氛围下,对11名大连公民进行了审判,所有辩护律师及其他辩护人员没有得到通知。辩护律师认为,法院偷偷审理此案,可能在一审判决之后,对外谎称被告不再上诉,造成一审判决生效。

为大连民众安装卫星电视接收器的13位法轮功学员,已被大连司法机关关押快1年半了,今年4月开始,大连先后4次选择不同的法院,企图对他们进行所谓审判,但是因为遭到正义律师团的据理力争,才没有进行。

10月29号,大连中山区法院,在没有通知辩护律师及辩护家属的情况下,再一次非法开庭。

大连公民安锅案当事人家属:“8点半开庭,9点半就结束了,当庭没有宣判,既没有通知家属辩护人,也没有通知律师辩护人,只是要两个旁听人到现场,(当事人)都说是没有罪的,曲斌是被抬进去的。”

在开庭的前一天,当事人家属得知开庭的消息,立即告知辩护律师,律师在诧异没有得到通知之余,致函中山法院,要求停止非法审判。

中国维权律师唐吉田:“因为他们(法院)的违法,甚至涉嫌犯罪的情形为公众所了解,引发世人的强烈反响,他们现在最希望的就是这些能够据理力争、坚定地维护当事人权利的律师不出现在他们面前,他们按照610既定的意见把这个案子审完。”

大连公民安锅案辩护律师梁小军:“我们是他们的律师,没有通知我们等于是秘密开庭,没有通知辩护律师,剥夺被告人的辩护权,审判者是违法的,我们要上诉,辩护权也是我们的一个权力,要求发回重审。”

《刑事法》和《律师法》规定,当事人有权聘请律师和其他辩护人,律师也有权为当事人辩护,法院应该在开庭前三天,通知辩护人开庭的时间和地点。

大连公民安锅案辩护律师程海:“因为它(法院)公然藐视和践踏刑事法、法官法和律师法,开完庭,我们肯定要提出控告,涉及到本案的中山法院和大连市公安局,包括它的中检,剥夺律师的辩护权,另外殴打律师,我本人被打了三次了,已经不是一个正常的中国法定的国家机关了,已经堕落成一个黑社会了,我们不能容忍这样的黑社会来管理我们大连的司法。”

去年7月6号,大连市“610”政法委伙同当地司法机关和街道社区,非法抓捕了参与安装《新唐人》卫星电视接收器的近百名法轮功学员。其中10多人被非法劳教,28人被非法批捕。13名所谓“技术人员”被公诉。

另有69岁的张桂莲老太太,8月5号在大连看守所被迫害致死。曲斌、张国立被迫害致生命垂危﹔侯春丽腿被看守所人员打断、肾被打坏。车忠山被戴手铐脚镣,铐在地环上两个月,有时整晚被绑在老虎凳上,导致200多斤的壮汉,瘦到只剩100斤,三次被送医院抢救。

今年4月12号“安锅案”在大连中山区法院开庭,大批警察在中级法院门外,绑架参加庭审的家属及法轮功学员。两位辩护律师也一度被绑架,律师程海遭警察殴打,律师因此退庭抗议。

6月21号,当局企图改在大连西岗区法院再次开庭,这次的辩护律师由原来的5位增加到11位。律师住所稍早遭到警察骚扰。而辩护律师李苏滨和郭海跃当天被禁止进入庭内、律师唐天昊被法警以暴力方式扭出法庭。庭审中,13名被告有3人无法站立、或坐,其中两人经医生急救。最后,在11名律师的强烈抗议下,法院宣布休庭。

7月5号,大连中山区法院再次开庭审理。但是法院没有按照刑诉法规定,提前三天送达出庭通知书,11名律师,拒绝配合非法开庭。

8月2号,大连中山区法院借西岗法院地盘,再一次非法开庭,辩护律师程海再次被架出法庭被殴打,所有参加庭审的律师再次集体退庭抗议。

而这一次,法院干脆不通知律师,偷偷审理。辩护律师陈建刚担心,中山区法院会像很多其他法院一样,在一审判决之后,对外谎称被告人不上诉,造成一审判决生效。

采访/林莉 编辑/刘惠 后制/李智远

Dalian Court Leaves Defense Lawyers Out of Trial

On Oct. 29, Zhongshan District Court in Dalian City
secretly tried 11 citizens, only court staff
and two people in visitor’s seats attended the hearing.

The defense lawyers and relevant people
didn’t receive court notification.
The defense lawyers say the court secretly held the hearing,
and after the first verdict, the court likely will lie to the public
and say the defendants will not appeal,
thus the first verdict can take effect.

13 Falun Gong practitioners in Dalian City have been detained
for one and half years for installing satellite dishes for residents
to receive uncensored TV broadcasts from overseas.

Since April this year, the regime has shifted between
four different courts in an attempt to sentence them.
But the righteous defense given by the defendants’ lawyers
foiled the regime’s attempts time and again.

On Oct. 29, Zhongshan District Court illegally held a trial
once again without informing defendants’ families or lawyers.

A defendant’s relative: “The trial began at 8:30am,
and ended at 9:30am, but they didn’t issue a verdict in court.
The court didn’t inform the defendants’ families and lawyers.
There were only two visitors who attended the hearing.
The defendants denied charges.
Qu Bin (a defendant) was carried into the courtroom.”

The day before the trial, the defendants’ families
got news of the trial and they immediately told the lawyers.
The lawyers were surprised and contacted the court
to prevent the illegal trial.

Tang Jitian, China-based human rights lawyer:
“The court violated the law, and their crimes were even
made public, triggering a public strong reaction.

The court hopes to stop the defendants’ lawyers from
attending the trial and presenting.
They are toeing the line of the 610 Office to close the case.”

Liang Xiaojun, a lawyer for the defense:
“We are the defendants’ lawyers.
The court’s failure to inform us amounts to holding a secret trial.

This is depriving the right to a defense.
The judges breached the law, we will appeal.
The rights of defense is also one of our rights,
We demand a retrial.”

Criminal law and Lawyers Law state that a defendant has
the rights to hire a lawyer and other defenders.
Lawyers have the right to defend their client.

The court should inform defenders the time and venue
of the trial three days in advance.

Cheng Hai, a lawyer for the defense: “The court openly ignores
and violates the Criminal Law, Judges Law and Lawyers Law
and has closed the trial.

We must certainly appeal.

In their involvement in this case, Zhongshan Court and Dalian
City Police Station, including its intermediate procuratorate,
have beaten lawyers and deprived their defense rights.

I was beaten three times.

China’s courts are no longer a place to seek justice,
but have degenerated into a criminal underworld.
We can’t tolerate such gangsters managing Dalian’s judiciary.

On July 6, 2012, Dalian City’s 610 Office, Political and Legal
Affairs Committee, the local judicial organs and
residential committee illegally arrested nearly a hundred
Falun Gong practitioners who were involved in the installation
of satellite dishes to receive NTD television’s broadcast of
uncensored news programs.
Dozens of them were illegally sent to labor camps,
28 were illegally arrested.
13 “technical persons” were prosecuted.

69-year-old Zhang Guilian was tortured to
death in the Dalian City Detention Center on Aug. 5, 2012.
Torture left Qu Bin and Zhang Guoli in critical condition.

Hou Chunli suffers from a broken leg and kidney damage
after being tortured in a detention center.
Chen Zhongshan’s hands and legs were cuffed to
the ground for two months, and was tied to a “tiger bench”.
The abuse took Chen’s weight from 100 kg down to 50 kg,
and he was hospitalized three times for emergency resuscitation.

On April 12, 2013, the case was tried in
Zhongshan District Court, Dalian City.
Many police abducted defendants’ relatives
and Falun Gong practitioners outside the court.
Two lawyers were temporary arrested.

Lawyer Cheng Hai was beaten by the police,
thus lawyers left the courtroom to protest.

On June 21, the regime changed the hearing venue
to Xigang District Court.
This time, the number of lawyers increase from five to 11.
The police searched the lawyers’ homes and harassed them.
Defense lawyers Li Subin and Guo Haiyue
were refused entry into the courtroom on that day.
Lawyer Tang Tianhao was driven out of the
courtroom violently by court police.
During the trial, three of 13 defendants couldn’t stand or sit.
Two of had been rescued by doctors in an emergency situation.
Finally, after the strong protest of 11 lawyers,
the court adjourned the hearing.

On July 5, Zhongshan District Court held trial again.

But the court didn’t follow the legal procedure of
notifying the lawyers three days in advance.
11 lawyers refuse to cooperate with the court for the illegal trial.

On August 2, Zhongshan District Court used Xigang Court
to open the illegal trial again.
Lawyer Cheng Hai was again driven out of the courtroom
and being beaten.
All defense lawyers left the courtroom to protest.

This time, the court didn’t inform lawyers,
and held a secret trial.
Defense lawyer Chen Jiangang was worried that
Zhongshan Court would be the same as other courts,
after the first trial, lying to the public saying that the
defendants won’t appeal, thus the first verdict will take effect.

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