【禁闻】“黑审”黎庆洪案 法庭违法驱4律师

【新唐人2012年1月14日讯】贵州政协委员黎庆洪所谓“涉黑案”案情越滚越大。案件被省高法院以“事实不清”为由发回重审后,被告由原来17人剧增到57人,黎庆洪罪名也由之前的6个大幅增加到十几个。参加辩护的律师多人被事先“谈话”,法庭上多名律师遭到训诫甚至驱逐。全国人大代表迟夙生律师也被“驱逐”,致使她当庭晕倒被抢救,可谓惨烈。律师指出,这一涉黑案件就是要“黑审”,暗箱操作。

据《东方早报》报导,贵州黎庆洪涉嫌黑社会犯罪案,在1月10号庭审的1小时之内,先后有3名律师被“驱逐”出法庭,有9名律师遭到数十次法官的训诫;12号开庭时,全国人大代表迟夙生律师也被“驱逐”,致使当庭晕倒。

迟夙生律师:“我是第三号被告的第一位辩护人,我只好举起了手,我继续说,按着关于刑事案件非法证据排除的规则,我们只能按程序审。他马上说‘法庭对你训诫一次,本厅就这么决定了。’我当时说,‘你这么做是违法的’,‘我警告你一次!’当时我也比较激动,我就听到从审判席上大吼了一声把‘迟夙生开除法庭’。”

迟夙生律师向《新唐人》介绍了当时法庭的情景。她说,记不起什么时候昏厥了,醒来的时候发现自己在医院被抢救!

她还指出,这个案子不按法律程序的事情太多,疑点也太多。

如,法庭剥夺了56个被告的非法证据排除程序,直接进入实体审讯。还有,必须回避的检察官没有回避,而且律师多人被法院事先找去谈话,想暗箱操作。

迟夙生:“找谈话的人,那天点名让我去,我去了。他说:不要难为审判长。审判长还可以跟我说叫你一声大姐,这不是我说了算的,而是上面。”

但迟夙生律师劝他守住法律的底线,或回避这个案件,或辞职回到律师队伍中来,不应该服从上面。

迟夙生律师表示,被告家中所有财产被当作黑社会的财产没收了,所以律师都是自费来的。被告本身是全国排名前几位的赛车手,是人大代表,也是给国家交了很多税的企业家。

迟夙生律师:“当时周喆律师找我们,可能他也要就像李庄那样构陷,并且被抓起来。后来我们认真研究了这个案件的卷宗之后,觉得周喆的说法是正确的。所以我们觉得确实应该捍卫法律,不但捍卫法律,也捍卫这么多年来人民辛辛苦苦建立起来的经济成果。”

北京律师唐吉田认为,这个案件本身并不复杂,只是在现有的复杂体制之下,当地的权力部门要把这个案子办下去,做了很多手脚,甚至有一些公然违法的举动,尤其是阻挠依法行使辩护权的律师。唐吉田指出,一些敏感案件,涉及到人权、信仰群体的案件,相关的职能机构都会对律师以各种方式“打招呼”甚至威胁,像北海、重庆等案件都是这样的。

唐吉田:“迟律师她还是全国的人大代表,那么这样一个身份的人,在审理过程中,她的人身权利、辩护权利都得不到有效的尊重,可想而知这个案子不是开庭了,变成一个恶作剧了。”

迟夙生律师表示,现在左手还没有感觉,虽然差一点献出生命,但她会坚持信仰。

迟夙生:“我会继续呐喊,我不会因为这件事而放弃。因为这个法律制定是一回事,实施是一回事。我们一定用鲜血和生命捍卫法律的实施。一定使我们的国家进入法制的轨道,不是表面上的只有一些漂亮的法律制定在那里,一定要他们实施。”

迟夙生为黑龙江省齐齐哈尔市夙生律师事务所主任,也是第九届、十届、十一届全国人大代表。

新唐人记者朱善智、宋风、周平采访报导。

Lawyers Illegal Court Eviction in Li Qinghong ‘Black Trial’.

The “triad-related case" of Li Qinghong, a member of the
National Committee in Guizhou, is snowballing.
The case was remanded by the Provincial Senior Court with
an excuse of “unclear facts".
The defendants sharply increased from 17 to 57, and criminal
charges on Li Qinghong also increased from 6 to 12.
Many defense lawyers of Li’s case was “asked to have a
word", and many lawyers were even evicted from the court.
The evicted lawyers included Chi Susheng, the representative
of national conferences of China.
In a sensational turn of events, Chi even collapsed
unconscious in the court.
The lawyers of Li’s case said that this “triad-related case"
is a “black trial”, and is operated within a “black box".

According to “Oriental Morning Newspaper", Li Qinghong
from Guizhou Province was accused of a “triad-related case".
In the one hour trial on January 10th, 3 defense lawyers of Li’s
were evicted from the court.
Nine lawyers were also given a warning by the judge.

On Jan 12 of the trial, Lawyer Chi Susheng, representative of
National Conferences of China was evicted too.
This caused her to collapse unconscious in the court.

Lawyer Chi Susheng: “I am the defense lawyer of the
No.3 defendant. I had to raise my hand.
I continued saying that “according to the exclusion rule of
illegal evidences regarding criminal cases,
we have to perform the trial according to the procedure.
The judge immediately said ‘I already warned you once!
And I already made the decision.’ I said that what you are
doing now is illegal, I am warning you too.
I was very excited at the time, and then I heard a scream from
the judgment seat, ‘expel Chi Susheng from the court!'"

Lawyer Chi Susheng described what happened in the court.
She said, she cannot remember when she fell unconscious.
But when she woke up she found herself in hospital
being rescued.

She also pointed out that there are too many points regarding
this case performed against the legal procedure.
There are too many susceptible points.

Taking an example, the court deprived 56 defendants of their
rights, regarding the exclusion process of illegal evidence.
It put them directly into the trial. In addition,
the prosecutors who shouldn’t show up in court showed up.
A lot of lawyers were “talked" by the court ahead of time.
The court tried to operate the case in “black box".

Chi Susheng: “The person who “asked to have a word,"
also asked me over, and I went there.
He said, don’t make things difficult for the presiding judge.
The presiding judge even asked me to call you ‘sister’.
This is not something I can decide.
It’s actually from some higher authority."

However, Chi Susheng hold her moral bottom line as a
lawyer, and she didn’t walk away from this case.
She believes that she shouldn’t follow the order from the
“the higher authority”.

Lawyer Chi Susheng said, all the property of the defendant
was confiscated as “property of a triad”. The lawyers work for this case at their own expense.
The defendant was even a highly ranked racing car driving,
as well as the representative of National Conference of China.
He was also an entrepreneur who turned in a lot of tax
to the government.

Chi Susheng: “Lawyer Zhou Zhe came to us. It’s possible that the defendant could be arrested
with fake accusations, just like Li Zhuang.
After we studied the case files carefully, we thought that
Lawyer Zhou Zhe is correct. We decided that we should defend the law.
Not only defend the law, but also defend the economic
achievements that people built up with a lot of efforts.

Lawyer Tang Jitian from Beijing thinks that the case itself
is not complicated at all.
In the current political system, the local government did
a lot of illegal things.
They even obstructed the lawyers from defending
the defendants.
Tang pointed out highlighted a key point about some sensitive
cases regarding human rights and beliefs.
The relevant government departments always “speak with,"
or even threaten lawyers not to get involved.
These cases include examples like Beihai and Chongqing.

Tang Jitian: “Lawyer Chi is even the representative
of National Conferences, a recognized person.
However, in the trial, her right as a human and as a lawyer
was not respected. It’s not a trial but a drama."

Lawyer Chi said that her left hand still cannot feel anything.

Even if she almost lost her life this time,
she is going to persist with her belief.

Lawyer Chi:"I will continue making my voice heard,
and I will not give up just like that.
Making law is one thing, and implementing law
is another thing.
We must use our blood and life to make sure the law is
implemented.
We need to make sure our country gets on the right track for
a real legal system.
It’s useless if we only made some ‘beautiful’ laws without
implementing them. We have to implement them."

Chi Susheng is the Director of Harbin Susheng Law Firm
in Hei Long Jiang Province.
She is also the representative No.9 to 11 National
Conference of China.

NTD reports Zhu Zhishan, Song Feng and Zhou Ping.

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