【禁聞】又一律師遭刑拘 律師界再次地震

【新唐人2014年04月15日訊】近段時間以來,大陸頻頻傳出公權力打壓維權律師的事件。在備受中國國內外關注的黑龍江建三江事件後,北京再次發生非法拘留律師事件——維權律師王全平因為在自駕車上貼有要求中共官員公開財產的標語,被北京警方綁架後刑事拘留,律師界大為震驚。目前已經有上百名律師加入了「為王全平律師辯護」的聲援團,人數還在持續增加之中。

據大陸《維權網》報導,為了旁聽4月8號開庭的中國「新公民運動」倡導人之一的丁家喜案,廣東律師王全平親自驅車由廣東江門趕往北京。因車身上塗有諷刺性標語,王全平在抵達北京海淀區法院門口時,被當地警方綁架,從此與外界失去聯繫。

北京律師王宇:「王全平律師是從8號那天下午就失蹤了,然後一直就找不到人。週四那天,聯繫上家屬了。公安局,它們沒有跟家屬聯繫過。沒有給打電話,也沒有發通知,按說,應該在24小時之內給家屬發通知,或者是電話通知、或者是書面通知,但是家屬到現在也沒有收到。」

直到10號下午3點左右,王全平的家人經多方打聽才得知,王全平已經被北京市公安局海淀分局以「尋釁滋事」的罪名刑事拘留,關押到了海淀看守所。

王全平被刑拘的消息傳出後,引發了律師界的憤怒。很多律師紛紛在微博上發聲,痛斥當局濫用公權力,肆意打壓公民言論自由。也有律師認為王全平的行為沒有構成犯罪,警方是「慾加之罪,何患無詞」。

山東律師付永剛:「我覺得是很可笑的一個事情,車上寫的字無非就是『人民要求財產公示』,另外就是用編排的語言說『公僕不需要財產公示』,我覺得是一個人正常的對社會事物的一種判斷,或者一個觀點。 『尋釁滋事』這個罪名是對社會無端生事,對社會秩序造成混亂,或者造成公共財產受損……他這個肯定是不符合『尋釁滋事罪』的構成條件,肯定是無罪的。」

在譴責當局的同時,數名律師聯合發起了「自願為王全平辯護」、「為維護憲法和法律的尊嚴而辯護」的活動,截至4月14號中午,響應活動的律師已經達到169人,而且人數還在持續增加。與此同時,湖南律師楊金柱也發出倡議書,倡議為王全平律師組成千人律師辯護團,並且表示「中國律師是抓不完的」!

付永剛:「我們作為律師群體、律師同仁,看到王全平律師發生這樣的情況,我們不會坐視不管。第二,我們覺得王全平律師的行為是正當的,是正當的訴求、正當的表達。無論從法律的觀點或者從社會判斷來說,我們都認為王全平律師做的是非常有意義的事情,主要是每個人都對他這種行為非常讚賞。」

4月14號上午,王全平的代理律師蔣援民和張慶方,在北京市海淀區看守所會見了王全平,並在談話中得知,王全平因為所謂的不配合命令,觸怒了警方,因此遭到報復,從原本的行政拘留被升級為刑事拘留。

王宇:「剛開始的時候,海淀分局給王全平律師作出的處理是行政拘留,但是因為王全平沒有配合警方,包括甚麼簽字、按指印類似的這些。 所以警方惱羞成怒,然後給王全平律師給轉成刑事拘留,給轉送到看守所了。它這是肆意違法, 就完全是公權力濫用的一種行為。」

北京律師王宇表示,4月14號下午,蔣援民和張慶方律師已經向北京市檢察院遞交了申請,要求檢察院對海淀公安分局的濫用公權力行為進行監督和調查。

但有律師對此表示並不樂觀,因為中國司法的不獨立,造成公、檢、法「親如一家」,因此檢察機關根本不能起到真正的監督作用。

採訪編輯/張天宇 後製/蕭宇

Another Lawyer Detained: Legal Profession React in Solidarity.

Recently, suppression of human rights lawyers
in China has repeatedly been reported.
Following the high-profile Jiansanjiang incident,
lawyers have now been illegally detained in Beijing.
Human rights lawyer Wang Jinping
was detained by Beijing police.
This was because he publicly posted information
about official’s assets on his own car.
Approximately one hundred lawyers have joined
together to defend Wang Jinping, and numbers are growing.

According to Chinese Human Rights Defenders, lawyer
Wang Jinping drove alone from Guangdong to Beijing.
He wanted to attend the trial of New
Citizen Movement advocate Ding Jiaxi.
Wang Jinping was kidnapped by local
police at the entrance of Beijing Haidian Court.
This was because he had a satirical
slogan on the body of his car.

Wang Yu, Beijing Lawyer: Lawyer Wang Jinping
went missing on the afternoon of April 8.
Nobody knows his whereabouts.
We contacted his family; but they didn’t
receive any news from police office.
Police should inform family members within 24 hours by
phone or letter; but the family has not received any news.

At 3pm on April 10, and after several inquiries,
Wang Jinping’s family learned that he had been
detained in Haidian Detention Center by Haidian
Branch of the Beijing Public Security Bureau.
He was charged with the crime of
‘quarrelling and provoking trouble’.

The news of Wang Jinping’s detention
caused anger amongst the legal profession.
Many lawyers criticized the authorities willful
suppression of people’s freedom of speech.
Some lawyers believed Wang Jinping’s
activity did not constitute a crime.
They think the police just detained him by giving him a crime.

Fu Yonggang, Shandong lawyer: “It’s so
foolish, since the slogan on his car was
just ‘people call for property declarations.’
It also had sarcastic words saying that, “public
servants do not need to publicize their property."
I believe this is a correct judgment on the society.
The alleged crime of quarrelling and provoking
troubles is groundless, as is disrupting social
order, and causing damage to public property.
His behavior certainly does not accord
with these crime, and he is no guilty."

In condemning the authorities, a number of lawyers jointly
launched activities to voluntarily defend Wang Jinping.
They seek to safeguard the dignity of the
Chinese Constitution, and uphold the law.
Up until noon on April 14, as many as 169
lawyers have responded to the campaign.
The number is continuing to increase.

Meanwhile, Hunan lawyer Yang Jinzhu also proposed to form
a thousand-lawyer team to defend for lawyer Wang Jinping.
He says, “Chinese lawyers will be too many to be arrested!"

Fu Yonggang: “We as lawyers cannot
ignore what Wang Jinping has experienced.
We believe his conduct was legitimate and proper.
From a legal point of view or from a social judgment, we
believe what Wang Jinping has done is very meaningful.
We appreciate his conduct."

On the morning of April 14, lawyers Jiang Yuanmin
and Zhang Qingfang met Wang Jinping in Haidian
District Detention Center, in order to act as his defence.
They learned in conversation with Wang that his detention
has been upgraded from administrative to criminal.
This was because Wang refused
to cooperate with the police.
The police became angry and sought revenge.

Wang Yu: “At first, Haidian police had detained
Wang Jinping under administrative detention.
But he refused to cooperate with the police, including
refusing to sign a report, or to give any thumbprints.
The police became mad and changed
the conditions to criminal detention.
Lawyer Wang was then sent to the detention center.
This is in violation of the law; an act of abuse of power."

Beijing lawyer Wang Yu indicates that on the afternoon of
April 14, attorneys Jiang Yuanmin and Zhang Qingfang
submitted an application to Beijing Municipal Procuratorate.
They are calling for an investigation into abuse
public power by Haidian Public Security Bureau.

However, lawyers are not optimistic about the outcome.
This is because of the non-independence
of the judiciary system in China.
Supervision of the Procuratorate cannot function fully.

Interview & Edit/Zhang Tianyu Post-Production/Xiao Yu

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