【禁聞】中國律師呼籲停止侵害執業權

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【新唐人2013年07月24日訊】近年來,中國各地律師執業權益遭受侵害的惡性事件頻發,導致律師行業的環境急劇惡化,引發了律師們的憤怒,日前,10多名律師聯署公開信,強烈呼籲中共當局履行職責,懲治侵害律師執業權的違法行為。

這封致律師協會、人大常委會、最高檢和公安部的聯署公開信,由常伯陽、馬連順等10多名律師發出,信中列舉了近三個月來,被媒體和網路披露的侵害律師執業權的部分案例:

其中包括,廣東律師隋牧青,在海南文昌辦案時被當地警察無理驅逐﹔北京律師王全章,依法辦案,被江蘇靖江法院無理拘留﹔山東律師劉金濱,在江西新余被警察無故毆打。

以及,北京律師王宇等人,在廣西博白辦案時遭當地警察騷擾,還被阻止會見當事人﹔另有山東律師劉衛國,到看守所會見被刑拘的法律學者許志永時,被無理拒絕,還被帶到派出所被非法限制人身自由6個小時等。

律師聯署的公開信表示,這些被披露出來的案件不過是冰山一角,而大量侵害律師權益的事件,由於各種原因被隱瞞或被掩蓋。

山東律師李向陽指出,中國維權律師不僅權益受到侵害,連生命也遭到威脅。他說,他在庭審過程中,曾被法官惡意毆打,辱罵,甚至還被剝奪了代理權。

山東律師李向陽:「現在我提上去相關文件的請求,他們也拒不答復,很多時候案子拖而不辦,法官反而對當事人,我們這些人蠻橫無理,當前中國的司法狀況可以這麼說,是無法可依,是一個用潛規則來運行的社會,法律在權力面前就等於一張廢紙。」

前幾年,北京律師唐吉田在依法辦案過程中,不但遭到國保的騷擾、監控及法官的打壓,2011年唐吉田還被中共當局吊銷了律師執業執照。

北京律師唐吉田:「這幾年,律師由於更廣泛的參與法律及社會事件,為大眾提供服務的方式、方法越來越多,活動的領域也越來越廣,官方非常仇視作為律師的人,也採取了各種各樣的手段對他們干擾,甚至是迫害,所以這樣一些人,就律師權益問題,發出聲音,這樣一個行動我是堅決支持。」

唐吉田指出,在中國沒有司法公正,更沒有獨立的律師制度,民眾的很多問題又不能通過法律解決,律師在幫民眾維權過程中,一旦和當局發生某些碰撞,就會被當局看成所謂不穩定因素或麻煩製造者,而進行殘酷鎮壓。

山東盲人維權人士陳光誠,因幫助村民維權,不但被判刑入獄,連他的家人也長期被非法軟禁。去年,陳光誠在網友的幫助下雖然逃離中國,但他的親屬目前仍遭中共的殘酷迫害。

還有,著名的維權律師高智晟,曾三次致信中共領導人爲「法輪功」鳴冤。2007年,高智晟被中共當局以「煽動顛覆國家政權罪」判處三年徒刑,緩刑五年,受到當局關押和酷刑折磨,至今仍關押在新疆「沙雅監獄」。

中國資深法學專家趙遠明:「為被告進行辯護,或者代理公民參與法律上的有關事務,這是律師的職業,但是由於政法委控制公、檢、法、司,然後,它認為律師好像是跟公、檢、法在作對立,然後它就使用暴力相威脅,對律師進行打擊報復。這種行為都是嚴重違法行為。」

中國資深法學專家趙遠明指出,由於中共沒有一個公正的司法環境,尤其周永康在擔任政法委書記的十幾年來,無惡不作,雖然他退位了,但他所代表的利益集團,以及他之前的追隨者仍無法無天,因此造成了中國社會目前這樣的一種亂象。

律師們在公開信的最後,強烈呼籲相關部門履行職責,針對侵害律師執業權的行為增加懲罰性條款,並查處相關部門或個人的違法行為。

採訪編輯/李韻 後製/李勇

Chinese Lawyers Appeal to End Violations to Right of Practice

In recent years, vicious incidents violating lawyers’ rights

have been happening frequently across China,

leading to sharp deterioration of the legal environment.

Not long ago, over a dozen lawyers

jointly signed an open letter strongly urging

the Chinese Communist Party (CCP) authorities to

punish those who violate lawyers’ rights.

This letter is addressed to the Lawyers Association,

the Standing Committee of the National People’s Congress,

the Supreme Procuratorate and the Ministry of Public Security.

It was jointly signed by over a dozen lawyers including

Chang Boyang and Ma Lianshun.

The letter lists cases reported by the media and on the internet

in the past three months that violate lawyers’ Right of Practice.

Among cases listed were Guangdong lawyer, Sui Muqing,

who was unreasonably dismissed by the local police

when he was handling a case in Wenchang city, Hainan;

Beijing lawyer, Wang Quanzhang, who was detained

for no reason by the Jingjiang Court in Jiangsu Province

while he was working on a case;

Shandong lawyer, Liu Jinbin, who was beaten without cause

at Xinyu City of Jiang Xi Province.

Also included were Beijing lawyer, Wang Yu, and others

who were harassed by the local police

while investigating a case in Bobai City of Guangxi Province.

They were also forbidden to meet parties involved in the case.

Shandong lawyer, Liu Weiguo, was also unreasonably denied

when he tried to meet with detained legal scholar, Xu Zhiyong,

at the detention center.

He was even taken to a police station where

they illegally restricted his personal freedom for six hours.

Lawyers pointed out in the open letter that

these several cases are only the tip of the iceberg.

Large numbers of events against lawyers’ rights and interests

have been withheld or concealed for various reasons.

Shandong lawyer, Li Xiangyang, pointed out that not only are

human rights lawyers in China having their rights violated,

their lives are also being threatened.

Li said he encountered malicious beatings and verbal abuse

from judges during hearings,

and was even deprived of the right to represent his client.

Li Xiangyang: “I have submitted relevant documents,

but they refuse to reply. Cases are very often put on hold.

The judges act very rude towards us and our clients.

China’s current judicial system can be said to follow no laws.

This society is run by unspoken rules.

The constitution is equivalent to a pile of scrap paper."

A few years ago, while Beijing lawyer, Tang Jitian,

was working on a case, he was harassed,

monitored and suppressed by National Security personnel.

In 2011, CCP authorities also revoked his license to practice law.

Tang Jitian: “In recent years, lawyers more widely participate in

legal and social events, and provide more services to the public.

The authorities are thus very hostile towards lawyers and use

a variety of means to interfere with and even persecute them.

So I strongly support speaking out for the rights of lawyers."

Tang points out there is no justice in China,

nor an independent system of lawyers.

A lot of the people’s issues cannot be solved via the law.

As lawyers collide with the authorities while defending

the rights of the people, lawyers are viewed by the authorities

as so-called unstable factors or troublemakers,

and so they face brutal repression.

For example, when blind activist, Chen Guangcheng,

was helping villagers in Shandong to defend their rights,

not only was he sentenced to prison,

his family has long been under illegal house arrest.

Last year, Chen Guangcheng was able to flee from China,

but his relatives are still under CCP’s brutal persecution.

There is also renowned human rights lawyer, Gao Zhisheng,

who sent three open letters to CCP leaders appealing for Falun Gong.

For this, Gao Zhisheng was sentenced to prison in 2007,

in name of “inciting subversion of state power."

Since then, Gao has been illegally detained and tortured by

authorities, and is still detained at Shaya prison in Xinjiang.

Senior legal expert Zhao Yuanming: “It is a lawyer’s

responsibility to defend the accused or represent citizens.

But since the Political and Legislative Affairs Committee (PLAC)

runs the legal system, they think lawyers fighting against them.

They use violence to threaten lawyers.

This behavior seriously violates the law."

Zhao Yuanming pointed out that there is no

fair judicial environment under the CCP’s rule;

particularly in the past decade, with Zhou Yongkang as

secretary of the Political and Legislative Affairs Committee.

Although he stepped down, the interests group he represents

and his followers still don’t follow the law,

thus creating a such a chaotic situation in Chinese society.

In the open letter, lawyers strongly urged relevant departments

to fulfill their duties, provide punishment for actions

violating lawyers’ right to practice,

and bring related organizations and individuals to justice.

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