【禁闻】律师讲宪法被抓 家属维权遭恐吓

【新唐人2014年12月13日讯】武汉律师张科科在11号中午遇到一件怪事。中国的宪法保障中国公民有信仰自由。不过,张律师在法庭上引用这部分宪法时,却被当庭抓捕。这件怪事也震动了中国律师界,第二天就有几百名律师联署,要求对吉林警方的这种行为进行追责。不过,这件怪事背后还有更多的怪事。来看看张科科律师,和他代理的当事人,都经历了些什么。

11号中午12点左右,大陆律师纷纷在网路上发布这样一则消息:武汉维权律师张科科,在吉林辽源市泰安区法院为当事人辩护时,被当地国保大队长金振宇当庭抓捕。

随后,这名国保大队长金振宇的手机,就不断的涌进短讯。包括唐吉田、周立新、张磊、李长青等知名律师,以及维权人士陈云飞等人,都给金振宇发手机简讯,谴责警方践踏法律,要求释放张科科。

在强大的社会舆论压力下,傍晚5点多,辽源当局释放了张科科。

张科科律师12号告诉《新唐人》,他代理的是吉林省辽源市法轮功学员田宜富和妻子张桂霞的案子。11号上午9点,他到辽源市泰安区法院,准备为当事人进行辩护时,审判长却告诉他,不准从法律层面进行辩护。

武汉维权律师张科科:“然后辩论的时候,我当时就回应检察院的意见,我说这个思想(信仰法轮功)不构成犯罪,宪法和法律保障公民的信仰自由。然后这个法官就非常恼火,然后门口的一个警察给他打招呼,他就出去了。”

张科科说,开庭后,他继续为当事人做辩护,突然审判长示意旁边的金振宇,把他当庭抓捕。

当事人的女儿小田,当天也参加了庭审。小田表示,法官说张律师不该为法轮功做无罪辩护,不该宣扬法轮功,不该讲法律,所以示意警察当庭抓人。

当事人女儿小田:“开庭的时候我们家属去了,我们就感觉我们是被当了人质。当时,张科科律师被抓走的时候,他们自己知道挺混乱的那个场面。金振宇来抓人的时候,当时说,你们都不准动,站都不准站起来,好多人呢。”

小田说,父母一直带着沉重的手铐脚镣,他们要求取下,但法官不准。当局还指派了4个律师参加庭审,法官不管问什么,那4个律师都异口同声的说“无异议”。

而当庭抓捕张科科律师的金振宇,据了解也因为涉嫌非法绑架两名当事人,并非法扣押财物,被张科科律师向辽源市西安区检察院控告。

根据《法轮大法明慧网》报导,金振宇在7月31号,带领泰安公安分局十多名便衣警察,以收电费为由,到田宜富家敲门,绑架了老俩口,非法关押在辽源市看守所。

第二天小田和弟弟得到消息后,连夜赶回家,发现警察在家里没人的情况下,偷走了电脑一台、EVD机一台、金戒指一枚、现金若干、银行卡、存折等。警察绑架小田父母后,又在他家蹲坑两三天,接着非法绑架了法轮功学员王淑秋、田宜凤、蒋刚、李艳红等人。

小田说,他们急忙聘请律师,但当地律师不敢接,说一旦代理法轮功的案子,就会被注销律师证。于是,只能请外地律师,但又遭到当地警方的威胁和恐吓。一位姓周的法官甚至质问小田,为什么要找外地律师?有什么权力找外地律师?

小田:“后来我把这个经过给他说了一遍,我说我没有办法,有一回,我进去跟他们说我要接见到我父母,他怀疑我给他拍照、怀疑我给他录音、抢我手机,多少警察全都上来了,而且还持枪,我人身安全根本得不到一点保障。跟他们交涉的时候,后来跟踪还有那个车,直接在我们楼下,我下楼他们都知道,我回来他们都知道。”

尽管最终委托到了张科科和石永胜律师,但两位律师在8月到9月份试图会见当事人时,也曾遭到刁难。

这次张科科律师庭审时再次受到刁难,因为说“宪法和法律保障公民的信仰自由”就被抓捕,震惊律师界。12号中国各地数百名律师联署,要求对吉林警方当庭非法拘押律师的滥权枉法行为进行追责。

采访/易如 编辑/李韵 后制/萧宇

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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