【禁闻】谢亚龙庭审翻供:被刑讯逼供

【新唐人2012年4月26日讯】中国足球第二批“打假反赌扫黑系列案件”24号开庭,前中共足协高官谢亚龙涉嫌受贿出庭受审,谢亚龙在庭审中翻供说,他在看守所内曾遭到吊打、电击、抽耳光等刑讯逼供,他说认罪只是为了能活下来,让被扣留的妻子获得人身自由。

24号备受公众关注的足球界人士谢亚龙,在辽宁丹东市中级人民法院接受庭审,他被公诉机关指控12项罪名,涉案金额高达人民币172万元。

谢亚龙是前任中共足协副主席,和“足球运动管理中心”主任及副书记,因涉嫌操纵足球比赛及收受贿赂,在2010年9月12号,被检察机关批准逮捕。

庭审休息期间,谢亚龙的律师金晓光和陈刚在庭外公开表示,谢亚龙自述在审讯过程中经常遭到辱骂、吊打、被脱光衣服坐在老虎凳子上,全身被浇冷水等虐待,还被搧耳光至出血,被电警棍电击到心律不齐,连续五天不让睡觉等等。

律师表示,调查人员曾扣留他患有尿毒症的妻子配合调查,并且不放他的儿子出国留学。

谢亚龙向法庭指证刑讯逼供者的姓名,并表示,他的案件没有经过法律保护程序,他没有见到律师。因为刑讯逼供,他为了活下去,向人们说清真相,所以“认罪”。

金晓光律师表示,办案人员在法庭上否认存在“刑讯逼供”。而辩方律师向法庭递交了“非法取证”的证据,并申请对谢亚龙鉴定伤情。

大陆律师唐荆陵指出,中国的“刑迅逼供”由来已久。像王立军、薄熙来都是拚命“刑迅逼供”害别人的人。

唐荆陵指出,中国之所以“刑迅逼供泛滥”,是因为专治制度下缺乏扼杀它的手段。

唐荆陵:“像最近这几年的话,针对维权人士,针对法轮功,它都是广泛的使用酷刑啊,它这种大规模的犯罪行为,在法律上它都是犯罪的,就是政府这样来做它是犯罪的,只不过它得到整个政治系统的庇护,这种犯罪不会揭发吧。”

唐荆陵指出,如果三权分立、司法独立,还有媒体监督,这些问题得不到解决,相信“刑讯逼供”还会大规模出现。

唐荆陵律师:“ 当谢亚龙说被刑讯逼供,那法官当庭给他的裁决是要他自己提供被刑讯逼供的视频,音频资料或其他证据,这不是很荒谬吗?太荒谬了,他(法官)这样说的话那就可以想像,他不会接受这样的证据。”

谢亚龙庭审,只有包括《央视》在内的四家媒体被允许旁听。谢亚龙在法庭上曾表示自己入行时一身清廉,是中国足坛的体制和潜规则令他堕落,他说自己不是一个贪官。

大陆江天勇律师指出,在中共体制内,没有所谓干净的官员。

江天勇律师:“ 因为这些人完全不受监督,或者不受公民的监督,根据大量存在的这种情况,现在人们相信这个系统里没有干净的官员,这是一个普遍的认为,无论是问一个共产党员,甚至一个官员,私下的他都这么认为,我们也这么认为。”

谢亚龙的案件是中国足球第二批“打假反赌扫黑系列”之一,其他受审人员包括原中国足协副主席南勇,以及申思、祁宏、江津多名前国家队球员。2011年底到2012年初已审理了第一批,有48名涉案人员受到宣判。

采访编辑/李韵 后制/朱娣

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Xie Yalong Extorted Confession By Torture

On 24th April, a court session dealing with the second instance of “crack down on match-fixing, anti-football betting and purging mafia” campaign involving China’s football was held. Xie Yalong, former senior official of the Chinese Football Association (CFA) was brought to trial on suspicion of taking bribes.
Xie recanted his words during the trial, saying that he had been subjected to being hung and beaten, shocked via electric batons, slapped in the face and other tortures. Xie said that he had to plead guilty in order to survive,
and to bargain a release for his detained wife.

On 24th April, Xie Yalong stood trial in the court of Dandong, Liaoning. Xie was charged with12 crimes, each involving amounts of up to 1.72 million RMB.

Xie Yalong was former CFA vice chairman, director and deputy Party secretary of Management Center of Football. Xie was arrested in September 2010 on suspicion of match-mixing and taking bribes.

In the trial recess period, Xie’s lawyer Jin Xiaoguang and Chen Gang said outside the court to the public that Xie said during interrogation, he had suffered from tortures like being hung and beaten; stripped naked to sit on a tiger bench; poured with freezing water; slapped in the face until bleeding;
arrhythmia caused by electric baton shock and sleep deprivation for five consecutive days.

Xie’s lawyers said that the investigators had detained Xie’s wife who suffers from uremia to “cooperate into their probe” into Xie. Xie’s son was also prevented from studying abroad.

In court, Xie Yalong reportedly testified giving investigators’ names.
He said that his case was not going through legal proceedings, nor did he meet with lawyers. After being tortured to confess, Xie had to “plead guilty”
in order to survive to reveal the truth one day.

Lawyer Jin Xiaoguang said that in the court, the investigators denied having used any “torture" to gain Xie’s testimony. The defense counsel handed the court “proof of illegally collecting evidence", and applied for an investigation into identifying Xie’s injuries.

China’s lawyer Tang Jingling points out that “extortion of confession by torture” has long existed in China. Like Wang Lijun and Bo Xilai, both prosecuted others using such means.

Tang Jingling gives the reason behind China’s rampant “extortion of confession by torture”. This is because there is no measure that could be taken to wipe it out under the tyranny system, says Tang.

Tang Jingling: “In recent few years, the regime has extensively used torture in their case handling. For example, they tortured Human rights activists and
Falun Gong practitioners. Such large-scale criminal acts are deemed crimes in
the court of law. That is, the government are committing crimes. But it was protected by an entire ruling political system, thus such crimes wouldn’t be revealed, I think.”

Tang Jingling adds that without realization of the separation of powers, judicial independence and watchdog journalism, the fact of “extortion of confession by torture” will be seen massively in future.

Tang Jingling: “Xie Yalong said that he had been tortured and extorted to confess, but the judge in court asked him to provide evidence (video, audio or other forms). Wasn’t that ridiculous? It’s very ridiculous indeed. If he (the judge) could say these words, you can believe that he won’t accept such evidence."

Only four media outlets, including CCTV, were approved to sit in on Xie Yalong’s count trial. Xie said in court that he was incorruptible when he was a
new entrant to this industry. It was the system and hidden rules of China’s football industry that made him fall. Xie Yalong claimed that he was not a corrupt official.

China’s lawyer Jiang Tianyong reviews that inside the CCP’s political system, there are no so-called incorruptible officials.

Jiang Tianyong: “These people have never been subject to supervision. A vast number of facts show that people all believe there are no incorruptible officials inside this (CCP) system. This is a common view, no matter for a CCP member or for an official, they all admit it in private. And I also think so.”

Xie Yalong’s case was the second instance of “crack down on match-fixing, anti-football betting and purging mafia” campaign in China’s football industry. Other people on trial include Nan Yong, former CFA’s vice and
several former national-team soccer players, including Shen Si, Qi Hong and Jiang Jin. The first group of 48 implicated people were sentenced from the end of 2011 to early 2012.

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