【禁聞】法學博士探望聲援者遭拘留 百餘律師籲放人

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【新唐人2014年09月10日訊】日前,法學博士劉四新,與維權人士馬強,以及律師,到昌平龍園派出所,給因聲援程海律師遭到關押的律師和公民送食物,被「行政拘留7天」,引發輿論關注,週日,100多位大陸律師發出聯署呼籲書,要求北京昌平區公安局立即釋放劉四新和馬強等公民。

9月7號,中國各地的100多名律師發佈聯署呼籲書說,9月5號,一批律師、公民因準備去旁聽北京昌平司法局舉辦的,程海律師被處「停業一年」的聽證會,被非法傳喚。

當晚,劉四新博士、馬強前往派出所聲援被傳喚者,卻被北京昌平警方,以「擾亂單位秩序」罪,行政拘留7天。

聯署人北京律師唐吉田:「劉四新博士當天和馬強,還有其他一些人去龍園派出所,主要目的是給裡面的人送飯,派出所的態度非常蠻橫,一副拒不接待的架勢,交涉過程中,可能劉四新博士帶了北方人說話的口頭禪,但是這個所長惱羞成怒。」

據了解,馬強和劉四新到龍園派出送飯時,跟派出所所長李西泉發生爭執,劉四新質疑抓人的合法性,憤怒中罵了所長一句,被抓捕,馬強見狀說:「連我也抓吧」,結果兩人都被抓捕,拘留7天。

呼籲書說,劉四新是北京大學的刑法學博士、浙江大學經濟法學博士後,為人剛直,嫉惡如仇,關注公民權利,不畏強權,多次撰文,為國為民吶喊。呼籲書強烈譴責北京警方濫用職權,隨意迫害公民,並敦促警方恪守警道,立即釋放劉四新等人。

呼籲書還希望各級人大及常委會,謹遵「一切權力屬於人民」的憲法原則,維護憲法法律的權威,不要把人民推到對立面。

參與聯署的廣東律師隋牧青指出,律師們去旁聽程海律師的聽證會,是行使公民的合法權利,劉四新到派出所打聽消息,情急之下罵人不構成違法。

廣東律師隋牧青:「像劉四新他去探視律師的時候,因為對方態度非常惡劣,他罵了所長一句就被拘留。其實這個所謂的罵,也是表達一種對他工作的不滿,也是行使他監督批評的權力。這都是有憲法保障的權力,而且也不是說侮辱了他人。所以在這種情況很顯然不構成任何治安違法行為。」

隋牧青表示,如果說違法,派出所所長李西泉的行為不但違法,還是犯罪,對於派出所非法傳喚、抓捕律師和公民的行為,應該給以重刑處罰。

隋牧青:「中國的法律本來制定的時候都是惡法,就說它制定法律他就把法律作為一個工具,來可以肆意打壓民眾的這種權力。對他們有利的,他們就拿出來說,要照法律來做,如果稍有不利,他們立刻否定,這樣的情況遍地都是。」

呼籲書指出,近一段時期以來,河南律師常伯陽、廣州律師唐荊陵、維權律師陳武權及其他公民等也因種種原因被拘捕,令律師們憤慨。

隋牧青說,中共過去還遮掩對維權律師和維權群體的打壓,現在已經直接把偽裝全部仍掉了。

程海律師因代理「新公民運動」參與者丁家喜案,在辯護過程中抗議法庭違法,當場退庭被停業一年。而隋牧青律師也因代理丁家喜案,可能面臨廣州司法局的處罰。而丁家喜也是曾一名律師,因為呼籲中國官員公示財產,並呼籲教育權平等。去年4月被當局以「非法集會」罪名刑事拘留,罪名先後轉變為「尋釁滋事」和「聚眾擾亂社會秩序」。

8月下旬,中國各地的數百名律師發表聯署聲明,對司法局打壓維權律師事件表示嚴重關切,敦促司法局收回決定。程海律師也要求當局作出符合法律程序的解釋,並起訴14名涉嫌違法的公檢法部門官員。

採訪編輯/李韻 後制/舒燦

Hundreds of Lawyers Appeal Release of Unlawfully Detained

Recently, the Communist regime detained more lawyers

and citizens who attempted to pay tribute to unlawfully

detained lawyers.

Dr. Liu Sixin and activist Ma Qiang were detained

for seven days at the Changping police station.

More than 100 lawyers issued an appeal letter demanding

the immediate release of Liu Sixin and Ma Qiang.

On Sept. 7, more than 100 lawyers across China

issued a jointly signed appeal.

Accordingly, Changping Justice Bureau of Beijing conducted

a hearing on attorney Cheng Hai’s yearlong suspension.

Many lawyers and citizens attended the hearing but later

were illegally summoned by the authorities on Sept. 5.

That evening, Liu Sixin and Ma Qiang paid solidarity to those

who were summoned at Changping police station.

However, they were punished with administrative detention

for seven days on crimes of disrupting unit order.

Beijing lawyer Tang Jitian, participant of the appeal letter:

“Dr. Liu Sixin, Ma Qiang and others went to the police station

with the intention of bringing food for those

who were summoned.

But the police were very rude and rejected their visit.

During negotiation, Dr. Liu’s northern accent

could have angered the station director."

Reportedly, Ma Qiang and Liu Sixin argued

with station director Lee Xiquan.

Liu Sixin questioned the legitimacy of the arrests.

In anger, he scolded the director

and was immediately arrested.

Ma Qiang, seeing this, said, “Arrest me too."

They were both arrested and detained for seven days.

The appeal letter stated that Dr. Liu Sixin earned his doctorate

in criminal law at Peking University, and was a postdoc

in Economic Law, Zhejiang University.

He is an outspoken, righteous civil rights activist

who fears no power.

He has composed several articles on behalf

of the national and the people’s interest.

The appeal letter strongly condemned Beijing police

for abuse of power, arbitrary persecution of citizens,

and urged the police to abide by police ethic

and immediately release Liu Sixin and others.

The letter also demanded the National People’s Congress

and its Standing Committee to endeavor to comply

to the constitutional principle of “all power belongs

to the people" and to maintain the authority

of the Constitution, rather than push people

to the opposite side.

Guangdong lawyer Sui Muqing, another participant

in the appeal letter, indicates that attending the hearing

is the legitimate right of citizens, and Liu Sixin’s scolding

the police in anger does not constitute an offense.

Lawyer Sui Muqing: “Liu Sixin scolded the station director

because the director himself had an attitude.

He was detained for one bad mouthing.

But this bad mouthing was a response

to the unsatisfactory performance of the station director.

That’s his right to supervise and criticize under the protection

of the Constitution.

He did not insult the director either.

His behavior clearly does not pose any violations."

Sui Muqing explains it is in fact the police station director

Lee Xiquan who had violated the law for the illegal summons,

arrest of lawyers and citizens.

He’s the one who ought to be punished.

Sui Muqing: “The regime laws are draconian.

The laws have been used a tool to wantonly suppress people.

Anything in their favor, they will use it.

If the law is to their disadvantage,

they will negate it. It is very common."

The letter listed other indignation cases where lawyers

and citizens were randomly arrested, such as Henan lawyer

Chang Boyang, Guangzhou lawyer Tang Jingling,

and human rights lawyer Chen Wuquan.

Sui Muqing says that the Communist regime used

to cover up the suppression against the human rights lawyers

and activist groups.

But the camouflage is no more.

Lawyer Cheng Hai was once an attorney for the case

of New Citizens’ Movement participant Ding Jiaxi.

His law practice was suspended for one year due to his

retiring from the court to protest the illegal court process.

Lawyer Sui Muqing is also at risk, facing penalties by

Guangzhou Bureau of Justice for defending for Ding Jiaxi.

Ding Jiaxi was once a lawyer himself, advocating property

declaration and equal education rights.

The authorities retaliated by charging him on crimes

of illegal assembly, provocation, and assembling

a crowd to disturb social order.

In late August, hundreds of lawyers across China have jointly

signed and issued a statement to the Justice Department

expressing serious concern about the suppression

of human rights lawyers.

They urged the Justice Department to withdraw the decision.

Lawyer Cheng Hai also asked the authorities to explain

compliance with legal proceedings and to prosecute

14 security officials suspected of illegal conduct.

Interview & Edit/LiYun Post-Production/ShuCan

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