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【禁闻】法学博士探望声援者遭拘留 百余律师吁放人

探关押者反被拘 百余律师吁放人

纽约时间: 2014-09-10 12:43 AM 
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【新唐人2014年09月10日讯】日前,法学博士刘四新,与维权人士马强,以及律师,到昌平龙园派出所,给因声援程海律师遭到关押的律师和公民送食物,被〝行政拘留7天〞,引发舆论关注,周日,100多位大陆律师发出联署呼吁书,要求北京昌平区公安局立即释放刘四新和马强等公民。
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9月7号,中国各地的100多名律师发布联署呼吁书说,9月5号,一批律师、公民因准备去旁听北京昌平司法局举办的,程海律师被处〝停业一年〞的听证会,被非法传唤。

当晚,刘四新博士、马强前往派出所声援被传唤者,却被北京昌平警方,以〝扰乱单位秩序〞罪,行政拘留7天。

联署人北京律师唐吉田:〝刘四新博士当天和马强,还有其他一些人去龙园派出所,主要目的是给里面的人送饭,派出所的态度非常蛮横,一副拒不接待的架势,交涉过程中,可能刘四新博士带了北方人说话的口头禅,但是这个所长恼羞成怒。〞

据了解,马强和刘四新到龙园派出送饭时,跟派出所所长李西泉发生争执,刘四新质疑抓人的合法性,愤怒中骂了所长一句,被抓捕,马强见状说:〝连我也抓吧〞,结果两人都被抓捕,拘留7天。

呼吁书说,刘四新是北京大学的刑法学博士、浙江大学经济法学博士后,为人刚直,嫉恶如仇,关注公民权利,不畏强权,多次撰文,为国为民呐喊。呼吁书强烈谴责北京警方滥用职权,随意迫害公民,并敦促警方恪守警道,立即释放刘四新等人。

呼吁书还希望各级人大及常委会,谨遵〝一切权力属于人民〞的宪法原则,维护宪法法律的权威,不要把人民推到对立面。

参与联署的广东律师隋牧青指出,律师们去旁听程海律师的听证会,是行使公民的合法权利,刘四新到派出所打听消息,情急之下骂人不构成违法。

广东律师隋牧青:〝像刘四新他去探视律师的时候,因为对方态度非常恶劣,他骂了所长一句就被拘留。其实这个所谓的骂,也是表达一种对他工作的不满,也是行使他监督批评的权力。这都是有宪法保障的权力,而且也不是说侮辱了他人。所以在这种情况很显然不构成任何治安违法行为。〞

隋牧青表示,如果说违法,派出所所长李西泉的行为不但违法,还是犯罪,对于派出所非法传唤、抓捕律师和公民的行为,应该给以重刑处罚。

隋牧青:〝中国的法律本来制定的时候都是恶法,就说它制定法律他就把法律作为一个工具,来可以肆意打压民众的这种权力。对他们有利的,他们就拿出来说,要照法律来做,如果稍有不利,他们立刻否定,这样的情况遍地都是。〞

呼吁书指出,近一段时期以来,河南律师常伯阳、广州律师唐荆陵、维权律师陈武权及其他公民等也因种种原因被拘捕,令律师们愤慨。

隋牧青说,中共过去还遮掩对维权律师和维权群体的打压,现在已经直接把伪装全部仍掉了。

程海律师因代理〝新公民运动〞参与者丁家喜案,在辩护过程中抗议法庭违法,当场退庭被停业一年。而隋牧青律师也因代理丁家喜案,可能面临广州司法局的处罚。而丁家喜也是曾一名律师,因为呼吁中国官员公示财产,并呼吁教育权平等。去年4月被当局以〝非法集会〞罪名刑事拘留,罪名先后转变为〝寻釁滋事〞和〝聚众扰乱社会秩序〞。

8月下旬,中国各地的数百名律师发表联署声明,对司法局打压维权律师事件表示严重关切,敦促司法局收回决定。程海律师也要求当局作出符合法律程序的解释,并起诉14名涉嫌违法的公检法部门官员。

采访编辑/李韵 后制/舒灿


Hundreds of Lawyers Appeal Release of Unlawfully Detained

Recently, the Communist regime detained more lawyers
and citizens who attempted to pay tribute to unlawfully
detained lawyers.

Dr. Liu Sixin and activist Ma Qiang were detained
for seven days at the Changping police station.
More than 100 lawyers issued an appeal letter demanding
the immediate release of Liu Sixin and Ma Qiang.

On Sept. 7, more than 100 lawyers across China
issued a jointly signed appeal.
Accordingly, Changping Justice Bureau of Beijing conducted
a hearing on attorney Cheng Hai's yearlong suspension.
Many lawyers and citizens attended the hearing but later
were illegally summoned by the authorities on Sept. 5.

That evening, Liu Sixin and Ma Qiang paid solidarity to those
who were summoned at Changping police station.
However, they were punished with administrative detention
for seven days on crimes of disrupting unit order.

Beijing lawyer Tang Jitian, participant of the appeal letter:
"Dr. Liu Sixin, Ma Qiang and others went to the police station
with the intention of bringing food for those
who were summoned.
But the police were very rude and rejected their visit.

During negotiation, Dr. Liu's northern accent
could have angered the station director."

Reportedly, Ma Qiang and Liu Sixin argued
with station director Lee Xiquan.
Liu Sixin questioned the legitimacy of the arrests.

In anger, he scolded the director
and was immediately arrested.
Ma Qiang, seeing this, said, "Arrest me too."
They were both arrested and detained for seven days.

The appeal letter stated that Dr. Liu Sixin earned his doctorate
in criminal law at Peking University, and was a postdoc
in Economic Law, Zhejiang University.

He is an outspoken, righteous civil rights activist
who fears no power.
He has composed several articles on behalf
of the national and the people's interest.
The appeal letter strongly condemned Beijing police
for abuse of power, arbitrary persecution of citizens,
and urged the police to abide by police ethic
and immediately release Liu Sixin and others.

The letter also demanded the National People's Congress
and its Standing Committee to endeavor to comply
to the constitutional principle of "all power belongs
to the people" and to maintain the authority
of the Constitution, rather than push people
to the opposite side.

Guangdong lawyer Sui Muqing, another participant
in the appeal letter, indicates that attending the hearing
is the legitimate right of citizens, and Liu Sixin's scolding
the police in anger does not constitute an offense.

Lawyer Sui Muqing: "Liu Sixin scolded the station director
because the director himself had an attitude.
He was detained for one bad mouthing.

But this bad mouthing was a response
to the unsatisfactory performance of the station director.
That's his right to supervise and criticize under the protection
of the Constitution.
He did not insult the director either.
His behavior clearly does not pose any violations."

Sui Muqing explains it is in fact the police station director
Lee Xiquan who had violated the law for the illegal summons,
arrest of lawyers and citizens.
He's the one who ought to be punished.

Sui Muqing: "The regime laws are draconian.
The laws have been used a tool to wantonly suppress people.
Anything in their favor, they will use it.

If the law is to their disadvantage,
they will negate it. It is very common."

The letter listed other indignation cases where lawyers
and citizens were randomly arrested, such as Henan lawyer
Chang Boyang, Guangzhou lawyer Tang Jingling,
and human rights lawyer Chen Wuquan.

Sui Muqing says that the Communist regime used
to cover up the suppression against the human rights lawyers
and activist groups.
But the camouflage is no more.

Lawyer Cheng Hai was once an attorney for the case
of New Citizens' Movement participant Ding Jiaxi.
His law practice was suspended for one year due to his
retiring from the court to protest the illegal court process.
Lawyer Sui Muqing is also at risk, facing penalties by
Guangzhou Bureau of Justice for defending for Ding Jiaxi.
Ding Jiaxi was once a lawyer himself, advocating property
declaration and equal education rights.
The authorities retaliated by charging him on crimes
of illegal assembly, provocation, and assembling
a crowd to disturb social order.

In late August, hundreds of lawyers across China have jointly
signed and issued a statement to the Justice Department
expressing serious concern about the suppression
of human rights lawyers.
They urged the Justice Department to withdraw the decision.

Lawyer Cheng Hai also asked the authorities to explain
compliance with legal proceedings and to prosecute
14 security officials suspected of illegal conduct.

Interview & Edit/LiYun Post-Production/ShuCan
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