【新唐人2013年10月30日訊】10月29號，大連中山區法院在只有司法人員和兩名旁聽人士的安靜氛圍下，對11名大連公民進行了審判，所有辯護律師及其他辯護人員沒有得到通知。辯護律師認為，法院偷偷審理此案，可能在一審判決之後，對外謊稱被告不再上訴，造成一審判決生效。

為大連民眾安裝衛星電視接收器的13位法輪功學員，已被大連司法機關關押快1年半了，今年4月開始，大連先後4次選擇不同的法院，企圖對他們進行所謂審判，但是因為遭到正義律師團的據理力爭，才沒有進行。

10月29號，大連中山區法院，在沒有通知辯護律師及辯護家屬的情況下，再一次非法開庭。

大連公民安鍋案當事人家屬：「8點半開庭，9點半就結束了，當庭沒有宣判，既沒有通知家屬辯護人，也沒有通知律師辯護人，只是要兩個旁聽人到現場，（當事人）都說是沒有罪的，曲斌是被抬進去的。」

在開庭的前一天，當事人家屬得知開庭的消息，立即告知辯護律師，律師在詫異沒有得到通知之餘，致函中山法院，要求停止非法審判。

中國維權律師唐吉田：「因為他們（法院）的違法，甚至涉嫌犯罪的情形為公眾所了解，引發世人的強烈反響，他們現在最希望的就是這些能夠據理力爭、堅定地維護當事人權利的律師不出現在他們面前，他們按照610既定的意見把這個案子審完。」

大連公民安鍋案辯護律師梁小軍：「我們是他們的律師，沒有通知我們等於是秘密開庭，沒有通知辯護律師，剝奪被告人的辯護權，審判者是違法的，我們要上訴，辯護權也是我們的一個權力，要求發回重審。」

《刑事法》和《律師法》規定，當事人有權聘請律師和其他辯護人，律師也有權為當事人辯護，法院應該在開庭前三天，通知辯護人開庭的時間和地點。

大連公民安鍋案辯護律師程海：「因為它（法院）公然藐視和踐踏刑事法、法官法和律師法，開完庭，我們肯定要提出控告，涉及到本案的中山法院和大連市公安局，包括它的中檢，剝奪律師的辯護權，另外毆打律師，我本人被打了三次了，已經不是一個正常的中國法定的國家機關了，已經墮落成一個黑社會了，我們不能容忍這樣的黑社會來管理我們大連的司法。」

去年7月6號，大連市「610」政法委夥同當地司法機關和街道社區，非法抓捕了參與安裝《新唐人》衛星電視接收器的近百名法輪功學員。其中10多人被非法勞教，28人被非法批捕。13名所謂「技術人員」被公訴。

另有69歲的張桂蓮老太太，8月5號在大連看守所被迫害致死。曲斌、張國立被迫害致生命垂危﹔侯春麗腿被看守所人員打斷、腎被打壞。車忠山被戴手銬腳鐐，銬在地環上兩個月，有時整晚被綁在老虎凳上，導致200多斤的壯漢，瘦到只剩100斤，三次被送醫院搶救。

今年4月12號「安鍋案」在大連中山區法院開庭，大批警察在中級法院門外，綁架參加庭審的家屬及法輪功學員。兩位辯護律師也一度被綁架，律師程海遭警察毆打，律師因此退庭抗議。

6月21號，當局企圖改在大連西崗區法院再次開庭，這次的辯護律師由原來的5位增加到11位。律師住所稍早遭到警察騷擾。而辯護律師李蘇濱和郭海躍當天被禁止進入庭內、律師唐天昊被法警以暴力方式扭出法庭。庭審中，13名被告有3人無法站立、或坐，其中兩人經醫生急救。最後，在11名律師的強烈抗議下，法院宣佈休庭。

7月5號，大連中山區法院再次開庭審理。但是法院沒有按照刑訴法規定，提前三天送達出庭通知書，11名律師，拒絕配合非法開庭。

8月2號，大連中山區法院借西崗法院地盤，再一次非法開庭，辯護律師程海再次被架出法庭被毆打，所有參加庭審的律師再次集體退庭抗議。

而這一次，法院乾脆不通知律師，偷偷審理。辯護律師陳建剛擔心，中山區法院會像很多其他法院一樣，在一審判決之後，對外謊稱被告人不上訴，造成一審判決生效。

採訪/林莉 編輯/劉惠 後製/李智遠

Dalian Court Leaves Defense Lawyers Out of Trial

On Oct. 29, Zhongshan District Court in Dalian City

secretly tried 11 citizens, only court staff

and two people in visitor’s seats attended the hearing.

The defense lawyers and relevant people

didn’t receive court notification.

The defense lawyers say the court secretly held the hearing,

and after the first verdict, the court likely will lie to the public

and say the defendants will not appeal,

thus the first verdict can take effect.

13 Falun Gong practitioners in Dalian City have been detained

for one and half years for installing satellite dishes for residents

to receive uncensored TV broadcasts from overseas.

Since April this year, the regime has shifted between

four different courts in an attempt to sentence them.

But the righteous defense given by the defendants’ lawyers

foiled the regime’s attempts time and again.

On Oct. 29, Zhongshan District Court illegally held a trial

once again without informing defendants’ families or lawyers.

A defendant’s relative: “The trial began at 8:30am,

and ended at 9:30am, but they didn’t issue a verdict in court.

The court didn’t inform the defendants’ families and lawyers.

There were only two visitors who attended the hearing.

The defendants denied charges.

Qu Bin (a defendant) was carried into the courtroom.”

The day before the trial, the defendants’ families

got news of the trial and they immediately told the lawyers.

The lawyers were surprised and contacted the court

to prevent the illegal trial.

Tang Jitian, China-based human rights lawyer:

“The court violated the law, and their crimes were even

made public, triggering a public strong reaction.

The court hopes to stop the defendants’ lawyers from

attending the trial and presenting.

They are toeing the line of the 610 Office to close the case.”

Liang Xiaojun, a lawyer for the defense:

“We are the defendants’ lawyers.

The court’s failure to inform us amounts to holding a secret trial.

This is depriving the right to a defense.

The judges breached the law, we will appeal.

The rights of defense is also one of our rights,

We demand a retrial.”

Criminal law and Lawyers Law state that a defendant has

the rights to hire a lawyer and other defenders.

Lawyers have the right to defend their client.

The court should inform defenders the time and venue

of the trial three days in advance.

Cheng Hai, a lawyer for the defense: “The court openly ignores

and violates the Criminal Law, Judges Law and Lawyers Law

and has closed the trial.

We must certainly appeal.

In their involvement in this case, Zhongshan Court and Dalian

City Police Station, including its intermediate procuratorate,

have beaten lawyers and deprived their defense rights.

I was beaten three times.

China’s courts are no longer a place to seek justice,

but have degenerated into a criminal underworld.

We can’t tolerate such gangsters managing Dalian’s judiciary.

On July 6, 2012, Dalian City’s 610 Office, Political and Legal

Affairs Committee, the local judicial organs and

residential committee illegally arrested nearly a hundred

Falun Gong practitioners who were involved in the installation

of satellite dishes to receive NTD television’s broadcast of

uncensored news programs.

Dozens of them were illegally sent to labor camps,

28 were illegally arrested.

13 “technical persons” were prosecuted.

69-year-old Zhang Guilian was tortured to

death in the Dalian City Detention Center on Aug. 5, 2012.

Torture left Qu Bin and Zhang Guoli in critical condition.

Hou Chunli suffers from a broken leg and kidney damage

after being tortured in a detention center.

Chen Zhongshan’s hands and legs were cuffed to

the ground for two months, and was tied to a “tiger bench”.

The abuse took Chen’s weight from 100 kg down to 50 kg,

and he was hospitalized three times for emergency resuscitation.

On April 12, 2013, the case was tried in

Zhongshan District Court, Dalian City.

Many police abducted defendants’ relatives

and Falun Gong practitioners outside the court.

Two lawyers were temporary arrested.

Lawyer Cheng Hai was beaten by the police,

thus lawyers left the courtroom to protest.

On June 21, the regime changed the hearing venue

to Xigang District Court.

This time, the number of lawyers increase from five to 11.

The police searched the lawyers’ homes and harassed them.

Defense lawyers Li Subin and Guo Haiyue

were refused entry into the courtroom on that day.

Lawyer Tang Tianhao was driven out of the

courtroom violently by court police.

During the trial, three of 13 defendants couldn’t stand or sit.

Two of had been rescued by doctors in an emergency situation.

Finally, after the strong protest of 11 lawyers,

the court adjourned the hearing.

On July 5, Zhongshan District Court held trial again.

But the court didn’t follow the legal procedure of

notifying the lawyers three days in advance.

11 lawyers refuse to cooperate with the court for the illegal trial.

On August 2, Zhongshan District Court used Xigang Court

to open the illegal trial again.

Lawyer Cheng Hai was again driven out of the courtroom

and being beaten.

All defense lawyers left the courtroom to protest.

This time, the court didn’t inform lawyers,

and held a secret trial.

Defense lawyer Chen Jiangang was worried that

Zhongshan Court would be the same as other courts,

after the first trial, lying to the public saying that the

defendants won’t appeal, thus the first verdict will take effect.