【禁聞】律師講憲法被抓 家屬維權遭恐嚇

【新唐人2014年12月13日訊】武漢律師張科科在11號中午遇到一件怪事。中國的憲法保障中國公民有信仰自由。不過,張律師在法庭上引用這部分憲法時,卻被當庭抓捕。這件怪事也震動了中國律師界,第二天就有幾百名律師聯署,要求對吉林警方的這種行為進行追責。不過,這件怪事背後還有更多的怪事。來看看張科科律師,和他代理的當事人,都經歷了些甚麼。

11號中午12點左右,大陸律師紛紛在網路上發佈這樣一則消息:武漢維權律師張科科,在吉林遼源市泰安區法院為當事人辯護時,被當地國保大隊長金振宇當庭抓捕。

隨後,這名國保大隊長金振宇的手機,就不斷的湧進短訊。包括唐吉田、周立新、張磊、李長青等知名律師,以及維權人士陳雲飛等人,都給金振宇發手機簡訊,譴責警方踐踏法律,要求釋放張科科。

在強大的社會輿論壓力下,傍晚5點多,遼源當局釋放了張科科。

張科科律師12號告訴《新唐人》,他代理的是吉林省遼源市法輪功學員田宜富和妻子張桂霞的案子。11號上午9點,他到遼源市泰安區法院,準備為當事人進行辯護時,審判長卻告訴他,不准從法律層面進行辯護。

武漢維權律師張科科:「然後辯論的時候,我當時就回應檢察院的意見,我說這個思想(信仰法輪功)不構成犯罪,憲法和法律保障公民的信仰自由。然後這個法官就非常惱火,然後門口的一個警察給他打招呼,他就出去了。」

張科科說,開庭後,他繼續為當事人做辯護,突然審判長示意旁邊的金振宇,把他當庭抓捕。

當事人的女兒小田,當天也參加了庭審。小田表示,法官說張律師不該為法輪功做無罪辯護,不該宣揚法輪功,不該講法律,所以示意警察當庭抓人。

當事人女兒小田:「開庭的時候我們家屬去了,我們就感覺我們是被當了人質。當時,張科科律師被抓走的時候,他們自己知道挺混亂的那個場面。金振宇來抓人的時候,當時說,你們都不准動,站都不准站起來,好多人呢。」

小田說,父母一直帶著沉重的手銬腳鐐,他們要求取下,但法官不准。當局還指派了4個律師參加庭審,法官不管問甚麼,那4個律師都異口同聲的說「無異議」。

而當庭抓捕張科科律師的金振宇,據了解也因為涉嫌非法綁架兩名當事人,並非法扣押財物,被張科科律師向遼源市西安區檢察院控告。

根據《法輪大法明慧網》報導,金振宇在7月31號,帶領泰安公安分局十多名便衣警察,以收電費為由,到田宜富家敲門,綁架了老倆口,非法關押在遼源市看守所。

第二天小田和弟弟得到消息後,連夜趕回家,發現警察在家裏沒人的情況下,偷走了電腦一臺、EVD機一臺、金戒指一枚、現金若干、銀行卡、存摺等。警察綁架小田父母后,又在他家蹲坑兩三天,接著非法綁架了法輪功學員王淑秋、田宜鳳、蔣剛、李艷紅等人。

小田說,他們急忙聘請律師,但當地律師不敢接,說一旦代理法輪功的案子,就會被註銷律師證。於是,只能請外地律師,但又遭到當地警方的威脅和恐嚇。一位姓周的法官甚至質問小田,為甚麼要找外地律師?有甚麼權力找外地律師?

小田:「後來我把這個經過給他說了一遍,我說我沒有辦法,有一回,我進去跟他們說我要接見到我父母,他懷疑我給他拍照、懷疑我給他錄音、搶我手機,多少警察全都上來了,而且還持槍,我人身安全根本得不到一點保障。跟他們交涉的時候,後來跟蹤還有那個車,直接在我們樓下,我下樓他們都知道,我回來他們都知道。」

儘管最終委托到了張科科和石永勝律師,但兩位律師在8月到9月份試圖會見當事人時,也曾遭到刁難。

這次張科科律師庭審時再次受到刁難,因為說「憲法和法律保障公民的信仰自由」就被抓捕,震驚律師界。12號中國各地數百名律師聯署,要求對吉林警方當庭非法拘押律師的濫權枉法行為進行追責。

採訪/易如 編輯/李韻 後製/蕭宇

Victim’s Lawyer and Families Meet With Harassment and Intimidation

Wuhan lawyer Zhang Keke experienced
a bizarre situation on Dec. 11.
He was immediately arrested in court during his defense
when quoting freedom of belief in the Chinese constitution.
The astonished lawyers initiated a joint petition demanding
legal accountability to the those responsible for the act.
Many more bizarre incidents also occurred.

Let’s take a look what else lawyer Zhang
and his clients have encountered.

At noon on Dec. 11, Mainland lawyers spread an online post
which read, “Wuhan rights lawyer Zhang Keke was arrested
in court by local state security chief Jin Zhenyu during
the defending in Tai’an District Court of Jilin Province."

Subsequently, text messages went to police
via Jin Zhenyu’s cellular phone.
Famous attorneys such as Tang Jitian, Zhou Lixin, Zhang Lei,
Li Changqing and human rights activist Chen Yunfei have
all sent the message to Jin Zhenyu, condemning the police
trampling of laws and demanding the release of Zhang Keke.

Under strong public pressure, authorities released
Zhang Keke at around 5 p.m.

Zhang Keke told NTD he was handling the case of Tian Yifu
and Zhang Guixia, husband and wife Falun Gong practitioners
from Liaoyuan City, Jilin Province.

At 9 a.m. on Dec. 11, while he was preparing to defend
for his clients, the judge warned, “no defense from
a legal perspective."

Zhang Keke: “In the defense, I responded
to the Procuratorate’s comments;
I said that this belief (Falun Gong) does not constitute
a crime, as both Constitution and law protect freedom
of belief.
The judge was very annoyed.
Then a police officer at the door called to him
and the judge went out."

When the hearing continued, the judge abruptly
had Jin Zhenyu arrested, Zhang Keke said.

The defendants’ daughter Xiaotian also sat
in during the hearing.
She indicates that the judge instructed the police
to conduct the arrest in court, because according to him,
the attorney should not have defended for Falun Gong
or preached about Falun Gong or law.

Xiaotian: “Our families went to the trial but felt that
we were treated as hostages.
When attorney Zhang Keke was arrested,
they knew it was very chaotic.
When Jin Zhenyu conducted the arrest, he said,
‘no one will move, not even stand up.’
There were many people."

Xiaotian says her parents were heavily shackled.

The judge would not grant their request
to remove the handcuffs and shackles.
The authorities also appointed four lawyers
to participate in the trial.
No matter what the judge asked, the four lawyers
would only say in unison, “no objection."

As for Jin Zhenyu, attorney Zhang had previously filed
a lawsuit against him for suspected of illegal kidnapping
and seizing the two defendants
and their personal belongings.

Earlier, Minghui.org reported that Jin Zhenyu led dozens
of plainclothes to visit the Tian’s with the excuse
of collecting power bills and kidnapped the two defendants
on July 31 to Liaoyuan detention Center.

The next day, Xiaotian rushed home with her brother
and realized that several items were missing such as
a computer, an EVD, a gold ring, cash, credit cards
and bank cards.
The police also waited outside the Tian’s home
and illegally abducted other Falun Gong practitioners
such as Wang Shuqiu, Tian Yifeng and others.

Xiaotian indicates that they wanted to immediately hire
a lawyer.
But local lawyers feared the consequences—
taking Falun Gong cases will result in the suspension
of their lawyer’s practice permit.

But, they were also faced with threats and intimidation
from police when they looked for non-local lawyers.
A judge surnamed Zhou even questioned Xiaotian
as to why they hired a non-local lawyer and asked
who gave them the rights to hire a non-local lawyer.

Xiaotian: “I explained to him what we have gone through
and said that we had no choice.
One time, I told them I wanted to see my parents.
They suspected that I was taking photos or recording.
They snatched my cell phone.
All the police surrounded me with guns.
I felt there was no security during the negotiation.
They even stalked me, and their vehicles
were parking right outside of our apartment.
They knew my activities, whether it was going downstairs
or coming home."

Finally, attorneys Zhang Keke and Shi Yongsheng agreed
to defend for the couple.
But both lawyers were met with difficulties when they tried
to meet with the clients in August and September.

During the hearing, Zhang Keke was challenged again.

His words, “Constitution and law protect the freedom
of belief," had him arrested in the court.
In astonishment, hundreds of Chinese lawyers
signed a petition on Dec. 12 demanding to hold Jilin police
accountable for the abusive act of a lawyer’s illegal arrest
in court.

Interview/YiRu Edit/LiYun Post-Production/XiaoYu

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