【禁聞】許志永遭重判 百警驅趕各國記者

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【新唐人2014年01月28日訊】中國「新公民運動」發起人、法律學者許志永,日前被中共當局以「擾亂公共場所秩序」的罪名判刑四年,激起了社會各界不滿。從普通公民到維權人士、人權組織到國際社會,紛紛站出發聲,強烈譴責中共當局打壓人權法制、判決不公。許志永的辯護律師對外媒表示,必將進行上訴,律師引述許志永的話說,當局把中國法治的最後一點尊嚴破壞殆盡。

據北京市第一中級人民法院官方微博消息,1月26號上午,北京市第一中級人民法院對許志永作出一審判決,認定許志永構成「聚眾擾亂公共場所秩序罪」,判處有期徒刑四年。法院微博並沒有公開審判詳情。

英國廣播公司BBC轉述許志永律師張慶方的話說,法院匆匆宣佈了判決結果,這是一個不公正的判決,他一定會提出上訴。

中共當局對許志永的判決結果公開後,遭到了海內外各界及人權組織的譴責。

中國政法大學法學院講師滕彪:「我認為這個判決是不公正的,從一開始這就是一個明顯的政治性的案件,但是當局用非政治性的罪名來指控。許志永推動中國維權運動這麼多年,他一直是堅持理性非暴力的原則,他不可能採取任何違法犯罪的手段,所以我認為當局對他的指控和判刑都是沒有法律根據的。」

美國哥倫比亞大學政治系客座教授張博樹:「以這種莫須有的罪名來判他四年的徒刑,這個是荒唐的,我的結論就是說,不管判決的結果是甚麼,判了他多少年,都不是一個正常的判決,因此,我想凡是有正義感的公民,都會反對這樣的判決。」

據《美國之音》報導,人權組織「國際特赦」痛批,中共當局對許志永的判決是「可恥」和「荒謬」的,表明中共再次選擇了以「恐怖治國」,而不是「以法治國」。

「人權觀察」則表示,對許志永的重判是中共當局對要求「反腐敗」及「官員公示財產」的公民運動進行整肅的藉口,表明當局不容忍異見的存在。

美國國務院也在法院宣判後發表聲明,表示對中國重判許志永「深感失望」,並呼籲中共當局馬上釋放包括許志永在內的政治犯。

滕彪:「他做的事情很多人支持,因為他幫助很多人來維護權利,比如說要求官員財產公開、爭取教育平等權等等,這些事情都是反應了千千萬萬公民的心聲,(他)堅持為中國公民維權、推動法制進步已經超過十年的時間,所以他在中國民間社會也有很高威望,所以他的支持者很多。」

此外,據了解,在一審當天,大批海外媒體記者聚集法院門外,等待採訪許志永案的宣判,卻遭到上百名便衣和警察強行驅趕,一些記者還因遭到警察的大力推搡而跌倒。在審判結束後,許志永律師張慶方在接受現場等候的記者採訪時,也被警察阻撓,只來得及向記者們講述幾句判決的不公,就被拉上警車帶走。

許志永案上週庭審時,有來自美國、歐盟、加拿大和澳大利亞的十多名外國駐華外交官,來到北京市一中院試圖旁聽,被當局拒絕。

張博樹:「這些年,中國的民智已經開啟,蘊藏在公民當中的那種追求自由、追求正義的聲音,這是壓不下去的。因為到了今天,我們普通中國公眾都有了各自渠道,來了解社會上發生的事情,了解國內、國外各種各樣的聲音。不管政府怎麼樣去打壓,但是,這些聲音是擋不住的。政府這樣一種做法,恐怕最後適得其反。」

「新公民運動」組織者之一,人權律師滕彪對《新唐人》表示,估計許志永案上訴後改判的可能性不大,因為大陸的政治案件基本二審都會維持原判。但他仍然支持許志永提出上訴,因為通過訴訟過程,可以讓更多的人了解中國司法制度的現狀,了解這個案件背後被當局掩蓋的東西。

採訪/常春 編輯/張天宇 後製/朱娣

Police Use Force Against International Reporters As Xu Zhiyong Receives Four-Years Imprisonment

On Sunday, Beijing No. 1 Intermediate People’s Court found

Xu Zhiyong guilty of ‘gathering a crowd to disturb public order’.

Xu Zhiyong is a legal expert, and one of the

organizers of China’s New Citizen Movement.

He was sentenced to four years imprisonment.

The verdict has immediately drawn strong condemnation

from the international community and rights defenders.

It is considered to be an abuse of human rights

and legal activities by the Communist regime.

Xu’s lawyer, Zhang Qingfang, said that Xu

had told the court “that the last shred of dignity

of China’s rule of law was destroyed today."

Beijing No. 1 Intermediate People’s Court said on

its microblog that the court had indicted Xu Zhiyong.

Xu has been given a four-year prison term for the

crime of “gathering a crowd to disturb public order".

Details of the trial were not released.

Attorney Zhang Qingfang spoke to BBC Chinese network.

The process was “very unfair", and he will be appealling.

After the verdict was handed down, the Chinese Communist

regime was condemned domestically and internationally.

Teng Biao, Lecturer, China University of Political

Science and Law: “I think the verdict was unjust.

It was obviously a politically

motivated case from the beginning.

However, the authorities conducted the

proceedings based on non-political offenses.

Xu Zhiyong has been engaged in

rights movements for many years.

He has rational principles of nonviolence, and

he could not have taken any criminal means.

I don’t think there is any legal ground for

the charges and sentence against him."

Zhang Boshu, visiting scholar of Political

Science, Columbia University: “It is ridiculous

with its trumped-up charges and sentence.

My conclusion is that regardless of the verdict, it’s not normal.

Anyone with a sense of justice will oppose such a verdict."

Voice of America reported Amnesty International’s response,

that the verdict was “shameful, but was sadly predictable".

The Chinese authorities have once again

opted for rule of fear over the rule of law.

Human Rights Watch indicated that Xu’s conviction

made a “mockery" of Chinese President Xi Jinping’s

current crusade against corruption, and simply

demonstrated the regime’s intolerance of dissent.

The US State Department also commented in a statement.

The US was “deeply disappointed", and

called on the Chinese authorities to release

Xu, and other political prisoners, immediately.

Teng Biao: “He is being supported by many,

because of his efforts to defend the rights.

This includes declaration of property by

officials, and opportunities for equal education.

These reflect the aspirations of millions of citizens.

He has insisted on defending rights and

legal progress for more than a decade.

He enjoys high prestige in the Chinese

civil society, and has many supporters."

In addition, a large number of foreign media

reporters gathered outside the court during the trial.

They were waiting to hear the verdict, but were

forcibly driven away by the plainclothes police.

Some reporters were even pushed to the ground.

After the trial, and during interviews with reporters,

attorney Zhang Qingfang was also interrupted.

He was forced to leave in a police car. All he

could say to the reporters was that it’s not fair.

During the trial, over a dozen foreign

embassies and diplomats from the US,

European Union, Canada and Australia

were critical of the trial of Xu Zhiyong.

Zhang Boshu: “The Chinese citizens’

mind has become clearer over the years.

Their pursuit of freedom and

righteousness cannot be suppressed.

People today hear voices of change, and social issues

both at home and abroad, through all sorts of channels.

None of these voices can be suppressed

by the regime, but rather strengthened."

Teng Biao is a human rights lawyer, and a

co- organizer of the New Citizen Movement.

Teng Biao told NTD that he does not believe any

change will happen in the verdict, even with an appeal.

All political cases in the regime will

remain the same at the second instance.

However, he still supports the appeal, because it helps

people to realize the current judicial system in China.

It helps people to see the truth concealed by the regime.

Interview/ChangChun Edit/ZhangTianyu Post-Production/ZhuDi

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