【禁聞】小河案研討會 「死磕派」律師再戰

【新唐人2014年09月02日訊】8月30號,中国大陆70名律師重回兩年前一舉奠定「死磕派」律師地位的貴陽,準備在那裏召開「小河案兩週年暨冤案申訴研討會」。不過,律師們不僅被跟蹤、被刁難,還有多人遭到了暴打,甚至被抓。律師們說,當局又一次表演了甚麼是「黑社會式管理」。

「小河案」又叫 「黎慶洪案」,因為案件審理地點在貴陽市的小河區而得名。這個案件由於耗時長,被告眾多,尤其是控辯雙方激烈對抗,引發社會關注,被稱為「貴州打黑第一案」。

2010年2月,身家過億的貴陽市第十二屆人大代表黎慶洪,以「組織、領導黑社會罪」被貴陽市中院一審判處有期徒刑19年。黎慶洪不服,提出上訴。

前年1月9號,「小河案」第二季在貴陽市小河區法院首次開庭。80多名律師為40多名被告人在小河區法院激辯一個多月。其中,有律師當庭警告主審法官,也有20多名律師被警告、訓誡,4名律師被逐出法庭。最後,律師們迫使「小河案」公訴人在法庭上放棄舉證、放棄質證、放棄辯論。但小河法院依然強行宣判涉黑罪成立。

但外界把「小河案」、「李莊案」、「北海案」、「常熟案」,並稱為「死磕派」律師的四大著名戰役。

山東律師趙永林表示,來自全國的幾十名律師,本來打算用兩天的時間,來討論兩年「小河案」中,律師在辯護過程中的得失。

山東律師趙永林:「但是當我下了飛機,還沒有報到的時候,就發現我們的車輛被莫名其妙的跟蹤。據同行提醒,就是當地的公安的國保在跟蹤我們。而且明確的給我們說,你們這個會不能開。你硬要開的話,我們保證讓你開不成。」

事實上,這次會議的確處處受到干擾。

首先,是會務方預定的4個會址,都因為受到壓力之後毀約。到了召開會議的30號,第5個會議場所的水管又「突然爆裂」。

律師們被迫「遵照」貴陽市司法機關的建議,去了有名的黔靈公園。當他們在黔靈湖邊小亭的水泥平臺上坐下,還沒有做完自我介紹的時候,警察就來了。警察聲稱接到群眾舉報,有人聚集,需要調查。其次,除了警察的跟蹤,還有幾十個短平頭、著休閒裝,背挎包的人,一直在律師周圍。

最後,在11點過後,便衣和想要離開的律師們發生了衝突。來自北京的蔣援民律師在推特上披露,是一個自稱警察身份的女人故意起鬨,挑起了便衣毆打律師。

趙永林:「我不知道她是甚麼身份,肯定是一個公務員或女警察,穿一個便衣。當時就是她報的案。她說,她親眼聽到這個人在『傳銷』,我們拉她加入『傳銷』,她不同意,然後我們就打她。」

在混亂中,長沙的劉凱律師遭到圍毆,差點被抬走,跳入黔靈湖後才得以脫身。但伍雷律師助理黃佳德實習律師被帶走,劉凱、葛永喜、張錦宏、李和平律師被打傷。江天勇、王興、胡貴雲等14名律師宣佈絕食,抗議這種暴行。

即使經歷了種種不順利,律師們在下午,仍然就有效刑事辯護,和冤案申訴經驗進行了交流。

趙永林律師透露,晚上律師們還到派出所,抗議這種暴行,要求立即釋放黃佳德,並對打人的兇手進行查處。最後,迫於律師和網上的壓力,當地警察釋放了黃佳德。但等律師們回到了賓館後,服務員告訴他們,明天必須退房!

《東網》專欄作者東步亮撰文說「中國需要死磕派律師」。他指出,「民主法治其實是靠汗水、淚水、自由、鮮血、甚至生命換來的」。

採訪/朱智善 編輯/宋風 後製/鐘元

Over 70 Lawyers Oppose Brutal Violence During Xiaohe Seminar

On Aug. 30, more than 70 lawyers went to Guiyang City,
Guizhou Province.
They were going to hold a seminar to discuss a case
that happened two years ago in Xiaohe district, Guiyang.
However, they were followed by plainclothes police,
several were beaten and even arrested.
They said the regime showed again
how a gang society is managed..

The Xiaohe case was also called the Li Qinghong case,
It took place in Xiaohe District, Guiyang City.
Many people knew about it, because it took a long time,
especially as the two sides intensified the debate,
arousing the public concern.

It was called the no.1 case of “fighting so-called gang group”
in Guizhou.

In Feb. 2010, billionaire Li Qinghong, representative of
12th national people’s congress in Guiyang City,
was sentenced by Guiyang Intermediate Court to
19 years imprisonment, accused of
“organizing and leading a gang group”.

Li Qinghong was against the verdict and appealed.

On Jan. 9, 2012, the second hearing was held
in Xiaohe District Court.
More than 80 lawyers defended 40 defendants
for over a month.
Amongst them, four lawyers were removed from the court.

In the end, prosecutors withdrew their testimonies,
questions and debates.
Yet, the court still charged the defendants of gang crimes.

The public classified the Xiaohe case,
the Li Zhuang case,
the Beihai case and the Changshu case
as four major battles of lawyers.

Shandong lawyer, Zhao Yonglin, says that tens of lawyers
from different cities initially planned to use two days
to share their experiences of loss and gain in court.

Zhao Yonglin: “When I left the airport I found our car
was unreasonably tailed.
My colleagues reminded me that local national security
personnel were following us.
The national security personnel told us that our meeting
won’t continue.
If we insist, they will make sure we can’t do it.”

This meeting indeed was interrupted all the time.

First, four venues were forcibly cancelled.

On Aug. 30, on the meeting day, the water pipe
of the fifth venue suddenly burst.

The judiciary of Guiyang suggested the lawyers use
Qianling Park to hold the meeting.
When they went to the place sitting in a pagoda
near the Qianling Lake, police arrived while the lawyers
were just about to introduce each other.

The police said they received residential complaints
that a crowd had gathered, so they needed investigate.

Apart from being followed by police, tens of plainclothes men
with short hair, casual clothes and carrying backpacks
appeared near lawyers.

After 11am, the plainclothes clashed with the lawyers.

Jiang Yuanmin, lawyer from Beijing tweeted that
a woman who claimed a police identity deliberately
caused trouble.

Then plainclothes started beating lawyers.

Zhao Yonglin: “I don’t know what her identity is,
she certainly is a civil servant or a police officer.
She wore plainclothes.
It was she who reported to the police.
She told police she saw we were doing Pyramid Selling,
we forced her to join in,
but because she didn’t agree was being beaten.”

During the clash, Changsha lawyer Liu Kai was beaten
by several plainclothes, they nearly carried Liu away.
Liu jumped into the lake and escaped.
Lawyer Wu Lei’s assistant was also taken away.
Four other lawyers including Li Heping were injured.

14 lawyers including Jiang Tianyong announced
a hunger strike against the brutal violence.

Although the lawyers had been through these troubles,
they still held the meeting in the afternoon.
They exchanged their views of debates
and appeals in cases of injustice.

Zhao Yonglin reveals that lawyers went to the police station
in the evening to protest the violence.
They requested the immediate release of Huang Jiade,
investigating the violence.
Under pressure of lawyers and online opinion,
the local police released Hua Jiade.
However, after they returned to their hotel,
the receptionist told them they must check out next day.

Dong Buliang, writer of on.cc said China needs lawyers
that can fight to the end.
He pointed out that democratic law is exchanged
for sweat, tears, freedom, fresh blood and lives.”

Interview/ZhuZisan Edit/SongFeng Post-Production/ZhongYuan

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