【禁聞】律師要求會見獄中許志永 反被抓

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【新唐人2013年07月20日訊】中國「新公民運動」倡導者許志永博士日前被拘捕。山東律師劉衛國作為許志永委託的代理律師,於7月18號前往看守所會見許志永,劉衛國不但被警方阻撓,還被警察抓到派出所拘留數小時。19號早上,劉衛國再次前往看守所要求會見許志永,被警方再次拒絕。

劉衛國7月19號中午告訴《新唐人》,他一大早去北京第三看守所再次要求會見許志永,結果仍然被拒絕。

北京憲政學者許志永代理律師劉衛國:「我拿著法律所限定的律師證、委託書和我單位開出的介紹信,看守所就必須安排我會見。我的會見權不依警察同意、不同意而改變。所以他們又是用非法的手段來限制許志永見律師的權利,也限制我作為律師行使職責的權利。」

看守所第二次拒絕劉衛國的藉口是:他「不適合代理許志永的案件」。

劉衛國:「辦案單位抓了許志永,然後辦案單位決定許志永該用甚麼律師嗎?這是天大的笑話。」

劉衛國表示,警方沒有權力評判誰合適不合適擔任許志永的律師。許志永信任他,就有權利委託他。只要律師的手續符合法律規定,看守所就必須安排會見。劉衛國打算對看守所和派出所阻撓他會見許志永的違法行為提出一系列控告。

劉衛國:「從昨天開始,他們首先是一種非法的手段來刁難我。然後到下午又用警察抓捕我的方式來限制許志永先生委託律師,今天又說辦案單位不讓我見。他們有各種各樣的藉口來限制許志永先生見律師,這是對人權的極大侵害,非常惡劣。」

劉衛國表示,不知道警方出於甚麼目地﹖千方百計的阻撓他會見許志永。他對許志永現在的情況非常擔憂。

劉衛國:「他現在會見律師的權利被剝奪。所以我們對許志永現在的狀況非常非常擔心。擔心這裡面會有甚麼不可告人的醜惡的事情發生。」

儘管警方重重阻撓,但是劉衛國打算堅守許志永對他的委託,並不打算更換其他律師。

劉衛國:「因為許志永先生他信任的是我。如果說委託別的律師的話,那還是剝奪了許志永先生選擇律師的權利。他既然選擇了我,我就有義務,也有權利出任他的律師。許志永先生也有權利不更換律師。沒有任何人可以強迫許志永先生去更換律師。用這種非法刁難的方式來迫使許志永先生換律師,這就是違法的。」

半個月之前,許志永曾經被警方傳喚過三次。他覺得人身安全恐怕得不到保障,因此提前徵求劉衛國的意見,說如果有問題的話,請劉擔任他的律師。

劉衛國介紹,7月18號他赴北京第三看守所要求會見許志永,遭到拒絕,並且在下午三點半被警察抓到孫村派出所。劉衛國要求離開,警察生拉硬拽的強行把他留在辦公室裡。然後警方給他做筆錄,嚴重違背他的真實意願。劉衛國拒絕簽字。晚上九點多,警察將劉衛國送到賓館,他才獲得人身自由。

7月18號當天,還有許多民眾到北京第三看守所聲援許志永,警方抓捕了十多人。

許志永從今年4月12號起被軟禁,7月16號被北京市公安局交通管理分局正式以「涉嫌聚眾擾亂公共場所秩序」刑事拘留。有分析認為,許志永這次被刑事拘留,跟他公開倡導推動官員公示財產有關。

許志永曾是「北京郵電大學」講師,是北京民間團體公民聯盟創始人之一、也是中國著名的青年法學家、憲政學者和公民維權的領軍人物,他倡導公民以非暴力的方式維護自己的權益。

採訪 編輯 秦雪 後製 李勇

Xu Zhiyong’s Lawyer Detained for Defending His Rights

Dr. Xu Zhiyong, who is seen as the leader of the campaign,

“New Citizens’ Movement,” was detained on July 16.

On July 18, Xu’s lawyer Liu Weiguo went to the

detention center to see Xu but was denied by police.

The police held Liu for several hours.

On July 19, Liu went back to detention center

again, but police rejected him again.

On July 19, Liu Weiguo told NTD that he went to Bejing

No. 3 Detention Center to see Xu, but police still denied him.

Xu Zhiyong’s lawyer, Liu Weiguo: “I took my lawyer

certificate and all necessary documents with me.

According to the law, they must let me see Xu.

My rights to meet with Xu can’t be changed

by the police’s attitude.

The police illegally blocked Xu Zhiyong’s rights

from meeting with the lawyer.

They also abused my lawyer rights to fulfill my duty.”

The detention center rejected Liu Weiguo’s claim saying,

“Liu is not ‘suitable’ to take Xu Zhiyong’s case.”

Liu Weiguo: “They first arrested Xu Zhiyong,

then decided whom should be chosen as Xu’s lawyer. It’s a joke!”

Liu Weiguo said that the police don’t have rights to make

the decision regarding who is suitable to be Xu’s lawyer.

Xu trusts Liu and has rights to appoint Liu as his lawyer.

As long as the lawyer follows procedure, the detention

center must arrange a meeting for the lawyer.

Liu Weiguo decided to sue the detention center

and the police for such illegal behaviors.

Liu Weiguo: “Since yesterday, the authorities illegally

made things difficult for me.

They sent police to arrest me, so as to prevent Xu

from appointing his lawyer.

Today they said that the case handling unit

didn’t want me to see Xu.

All the excuses are to stop Xu from meeting his lawyer.

This is a great violation of human rights,

it is extremely bad.”

Liu Weiguo questioned the reason for the police’s

behavior.

They tried all means to prevent him from seeing Xu.

Liu now is very worried about Xu’s situation.

Liu Weiguo: “His (Xu’s) rights to meet with his lawyer

have been deprived.

Thus we are very worried about Xu.

We are worried about sinister things happening to Xu.”

Although the police set many obstacles, Liu Weiguo insists

on fulfilling his duty to Xu and doesn’t plan to go along with a lawyer change.

Liu Weiguo: “Xu Zhiyong trusts me. If they choose

another lawyer for Xu, it would deprive Xu’s rights.

It is my duty and rights because he chose me.

Xu also has the right not to change lawyers.

No one can force Xu to change lawyers.

It is illegal that they deliberately set this obstacle

so as to force Xu change lawyers.”

Two weeks ago, Xu was summoned three times

by the police.

Xu felt his safety was not secure,

thus Xu consulted Liu Weiguo before hand.

Xu said that if anything happened,

Liu can be his lawyer.

Liu Weiguo said that on July 18, he went to Beijing No.3

Detention Center to see Xu but was denied by police.

In addition, police detained Liu in Sun Village police

custody from 3pm.

Liu requested to leave, but police forcibly

held him in their office.

The police took fabricated notes, Liu refused to sign.

At 9pm in the evening, police released Liu.

On July 18, many people went to Beijing No.3 Detention

Center to see Xu. More than a dozen of them were arrested.

Xu Zhiyong was placed under house arrest since April 12.

On July 16, Beijing police detained him under suspicion

of having “gathered crowds to disrupt public order.”

Analysts said that Xu’s detention could be due to his

campaign to push for government officials’ asset disclosure.

Xu Zhiyong was a lecturer at Beijing University

of Posts and Telecommunications.

He was co-founder of Beijing Citizens’ Action Alliance,

as well as a popular legal scholar and human rights advocate.

Xu supports non-violent ways

to defend their human rights.

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