採訪/易如 編輯/許旻 後製/周天
A Microcosm of Chinese Lawyers’ Struggling Law Practices
On April 5, about 140 lawyers from China’s 23 provinces
issued an open letter.
Lawyers demanded Jingjiang People’s Court to
stop the detention of lawyer Wang Quanzhang.
On April 6, Wang’s “custody was terminated ahead of time”.
Wang Quanzhang told NTD that his detention was not
his personal shame, but “a shame of China’s judicial system”.
It is a microcosm that illustrates why Chinese lawyers’
law practice system has worsened.
For the reason for detaining Wang Quanzhang,
Jingjiang court reportedly said that
Wang had filmed court proceedings with his smart phone,
that he had repeatedly interrupted the questioning.
It blamed Wang for disturbing the trial.
China’s official media quoted Taizhou Intermediate Court
on the reason for releasing Wang Quanzhang.
Saying the detention “has already played it’s punishment role.”
So, there’s no need to continue it.
On April 7, Wang Quanzhang complains
about the arbitrary detention of a citizen.
The detention didn’t go through any legal procedure,
and there’s no effective legal remedy available.
(Beijing human rights lawyer) Wang Quanzhang:
“The judicial detention is at the discretion of the judge,
without needing to follow any legal procedure.
Secondly, citizens lack effective access to any legal remedy.
Victims of judicial detention have the right to
apply for a review.
But they were always sent to detention centers
before they could exercise this right.
Also, an administrative proceeding cannot be filed
against judicial custody.
the existence of judicial custody is really ludicrous.”
Wang Quanzhang was detained on April 3, when he
defended a Falun Gong practitioner in the Jingjiang court.
The judge alleged that Wang had violated court rules,
putting him in 10-day custody.
After that, nationwide lawyers quickly initiated a rescue,
and many netizens went to Jingjiang to give support.
Wang Quanzhang states that the Jingjiang court
should have presented evidence of his disturbing the trial to justify the detention.
Whether or not he personally photographed and recorded,
there was no connection with the disruption of court order.
Lawyer Liu Weiguo who is in support of Wang,
asked the court to provide the court trial video as proof.
The court hasn’t yet responded.
BBC’s Chinese website cited Liu Weiguo.
Liu said that the court had detained Wang before
they had made a custody decision, which is “illegal custody”.
In addition, Wang was not detained in a detention center,
this constitutes “locale illegality and procedural illegality”.
Furthermore, Wang Quanzhang accused the Jingjiang court
of persuading the defendant’s family members to
“turn down the non-local lawyer” before the trial started.
The court even warned family members that
“Hiring two lawyers will lead to a heavier sentence.”
(Lawyer in China) Tang Jingling reveals that
many lawyers have completely lost faith in China’s courts.
Tang Jingling: “The courts practice a form of cheating.
I’ve lost respect for the courts, which I don’t think
are at all just, but justice is the soul of the law.
If lacking justice, the court’s role is simply a useless ritual.
Today, the CCP’s courts are a deceitful rite.”
The Jingjiang court also asked Wang Quanzhang to
sign a “repentance statement”, which Wang refused to sign.
Zhu Dan, daughter of Wang Quanzhang’s defendant,
said that local police often coaxed or coerced
Falun Gong practitioners to sign “repentance” statements.
Zhu Dan: “Lawyer Wang told them,’You’re suspected of
illegally depriving citizens of their freedom of belief.
The police are just committing the same crimes.”
According to Jiang Tianyong, a lawyer in China, the
“repentance statement” is a common deceitful approach.
It is used by the CCP’s police to deal with citizens
held in illegal custody.
Jiang Tianyong: “China’s lawyers have gradually awakened.
In facing various forms of suppression,
they have all realized that, without resistance,
all legal rights are just empty promises and
mean nothing at all.
I believe that the authorities’ violation of laws,
including the 610 Office, the secret political spying system,
will soon be known of by more and more people.
Their misdeeds won’t last long, I think.”
Jiang Tianyong comments on the nationwide lawyers’ rescue
effort and on the public appeals for releasing Wang Quanzhang.
It manifested high efficiency and
the wisdom of Chinese citizens.
Meanwhile, lawyers have increasingly
understood their own responsibilities,
and the necessity of unity and struggle,
according to Jiang Tianyong.