【禁闻】许志永遭重判 百警驱赶各国记者

【新唐人2014年01月28日讯】中国“新公民运动”发起人、法律学者许志永,日前被中共当局以“扰乱公共场所秩序”的罪名判刑四年,激起了社会各界不满。从普通公民到维权人士、人权组织到国际社会,纷纷站出发声,强烈谴责中共当局打压人权法制、判决不公。许志永的辩护律师对外媒表示,必将进行上诉,律师引述许志永的话说,当局把中国法治的最后一点尊严破坏殆尽。

据北京市第一中级人民法院官方微博消息,1月26号上午,北京市第一中级人民法院对许志永作出一审判决,认定许志永构成“聚众扰乱公共场所秩序罪”,判处有期徒刑四年。法院微博并没有公开审判详情。

英国广播公司BBC转述许志永律师张庆方的话说,法院匆匆宣布了判决结果,这是一个不公正的判决,他一定会提出上诉。

中共当局对许志永的判决结果公开后,遭到了海内外各界及人权组织的谴责。

中国政法大学法学院讲师滕彪:“我认为这个判决是不公正的,从一开始这就是一个明显的政治性的案件,但是当局用非政治性的罪名来指控。许志永推动中国维权运动这么多年,他一直是坚持理性非暴力的原则,他不可能采取任何违法犯罪的手段,所以我认为当局对他的指控和判刑都是没有法律根据的。”

美国哥伦比亚大学政治系客座教授张博树:“以这种莫须有的罪名来判他四年的徒刑,这个是荒唐的,我的结论就是说,不管判决的结果是什么,判了他多少年,都不是一个正常的判决,因此,我想凡是有正义感的公民,都会反对这样的判决。”

据《美国之音》报导,人权组织“国际特赦”痛批,中共当局对许志永的判决是“可耻”和“荒谬”的,表明中共再次选择了以“恐怖治国”,而不是“以法治国”。

“人权观察”则表示,对许志永的重判是中共当局对要求“反腐败”及“官员公示财产”的公民运动进行整肃的借口,表明当局不容忍异见的存在。

美国国务院也在法院宣判后发表声明,表示对中国重判许志永“深感失望”,并呼吁中共当局马上释放包括许志永在内的政治犯。

滕彪:“他做的事情很多人支持,因为他帮助很多人来维护权利,比如说要求官员财产公开、争取教育平等权等等,这些事情都是反应了千千万万公民的心声,(他)坚持为中国公民维权、推动法制进步已经超过十年的时间,所以他在中国民间社会也有很高威望,所以他的支持者很多。”

此外,据了解,在一审当天,大批海外媒体记者聚集法院门外,等待采访许志永案的宣判,却遭到上百名便衣和警察强行驱赶,一些记者还因遭到警察的大力推搡而跌倒。在审判结束后,许志永律师张庆方在接受现场等候的记者采访时,也被警察阻挠,只来得及向记者们讲述几句判决的不公,就被拉上警车带走。

许志永案上周庭审时,有来自美国、欧盟、加拿大和澳大利亚的十多名外国驻华外交官,来到北京市一中院试图旁听,被当局拒绝。

张博树:“这些年,中国的民智已经开启,蕴藏在公民当中的那种追求自由、追求正义的声音,这是压不下去的。因为到了今天,我们普通中国公众都有了各自渠道,来了解社会上发生的事情,了解国内、国外各种各样的声音。不管政府怎么样去打压,但是,这些声音是挡不住的。政府这样一种做法,恐怕最后适得其反。”

新公民运动”组织者之一,人权律师滕彪对《新唐人》表示,估计许志永案上诉后改判的可能性不大,因为大陆的政治案件基本二审都会维持原判。但他仍然支持许志永提出上诉,因为通过诉讼过程,可以让更多的人了解中国司法制度的现状,了解这个案件背后被当局掩盖的东西。

采访/常春 编辑/张天宇 后制/朱娣

Police Use Force Against International Reporters As Xu Zhiyong Receives Four-Years Imprisonment

On Sunday, Beijing No. 1 Intermediate People’s Court found
Xu Zhiyong guilty of ‘gathering a crowd to disturb public order’.
Xu Zhiyong is a legal expert, and one of the
organizers of China’s New Citizen Movement.
He was sentenced to four years imprisonment.

The verdict has immediately drawn strong condemnation
from the international community and rights defenders.
It is considered to be an abuse of human rights
and legal activities by the Communist regime.
Xu’s lawyer, Zhang Qingfang, said that Xu
had told the court “that the last shred of dignity
of China’s rule of law was destroyed today."

Beijing No. 1 Intermediate People’s Court said on
its microblog that the court had indicted Xu Zhiyong.
Xu has been given a four-year prison term for the
crime of “gathering a crowd to disturb public order".
Details of the trial were not released.

Attorney Zhang Qingfang spoke to BBC Chinese network.
The process was “very unfair", and he will be appealling.

After the verdict was handed down, the Chinese Communist
regime was condemned domestically and internationally.

Teng Biao, Lecturer, China University of Political
Science and Law: “I think the verdict was unjust.
It was obviously a politically
motivated case from the beginning.
However, the authorities conducted the
proceedings based on non-political offenses.
Xu Zhiyong has been engaged in
rights movements for many years.
He has rational principles of nonviolence, and
he could not have taken any criminal means.
I don’t think there is any legal ground for
the charges and sentence against him."

Zhang Boshu, visiting scholar of Political
Science, Columbia University: “It is ridiculous
with its trumped-up charges and sentence.
My conclusion is that regardless of the verdict, it’s not normal.
Anyone with a sense of justice will oppose such a verdict."

Voice of America reported Amnesty International’s response,
that the verdict was “shameful, but was sadly predictable".
The Chinese authorities have once again
opted for rule of fear over the rule of law.

Human Rights Watch indicated that Xu’s conviction
made a “mockery" of Chinese President Xi Jinping’s
current crusade against corruption, and simply
demonstrated the regime’s intolerance of dissent.

The US State Department also commented in a statement.
The US was “deeply disappointed", and
called on the Chinese authorities to release
Xu, and other political prisoners, immediately.

Teng Biao: “He is being supported by many,
because of his efforts to defend the rights.
This includes declaration of property by
officials, and opportunities for equal education.
These reflect the aspirations of millions of citizens.
He has insisted on defending rights and
legal progress for more than a decade.
He enjoys high prestige in the Chinese
civil society, and has many supporters."

In addition, a large number of foreign media
reporters gathered outside the court during the trial.
They were waiting to hear the verdict, but were
forcibly driven away by the plainclothes police.
Some reporters were even pushed to the ground.

After the trial, and during interviews with reporters,
attorney Zhang Qingfang was also interrupted.
He was forced to leave in a police car. All he
could say to the reporters was that it’s not fair.

During the trial, over a dozen foreign
embassies and diplomats from the US,
European Union, Canada and Australia
were critical of the trial of Xu Zhiyong.

Zhang Boshu: “The Chinese citizens’
mind has become clearer over the years.
Their pursuit of freedom and
righteousness cannot be suppressed.
People today hear voices of change, and social issues
both at home and abroad, through all sorts of channels.
None of these voices can be suppressed
by the regime, but rather strengthened."

Teng Biao is a human rights lawyer, and a
co- organizer of the New Citizen Movement.
Teng Biao told NTD that he does not believe any
change will happen in the verdict, even with an appeal.
All political cases in the regime will
remain the same at the second instance.
However, he still supports the appeal, because it helps
people to realize the current judicial system in China.
It helps people to see the truth concealed by the regime.

Interview/ChangChun Edit/ZhangTianyu Post-Production/ZhuDi

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