【新唐人2012年7月2日讯】重庆市第三法院6月29号审判国内外关注的“一坨屎 ”案件。重庆市林业局退休公务员方洪终于洗清冤屈。法庭判决他因为讽刺薄熙来而送劳教一年是重庆市政府的错误。方洪并透露,政治局决定在十八大之前给重庆四大冤案平反,包括黎强案,文强案,李庄案和方洪案。
方洪告诉《新唐人》,上周五当法庭宣判还方洪以清白之后,全场人员包括执法警察都起立鼓掌。似乎所有人都在藉这个机会释放曾经压抑的心情。
原重庆市林业局职工方洪:“因为王立军,薄熙来他们在重庆这种破坏法制,以人治手段,不允许所谓杂音,不仅仅普通公民,包括公务员,包括警察,法官,检察官,都是非常压抑的。所以我说他是复辟文革,借毛泽东之尸还法西斯之魂,当时的重庆就跟文革时差不多了。就快要进入文革那种模式了。”
方洪原是重庆市涪陵区林业局职工,去年4月,因发微博讽刺当时的重庆市委书记薄熙来和公安局局长王立军,重庆市“人民政府劳动教养管理委员会”认定方洪“扰乱社会治安秩序”,决定对方洪劳动教养一年。方洪由案发到开始劳教,不到一周的时间。
6月29号,重庆市第三中级人民法院确认“劳教委”作出的劳动教养决定违法。
方洪表示,法庭上,被告是重庆市劳教委的一个人员。但是法庭没有宣布他的名字和身份。他在法庭上仍维持着高傲的官员派头。这名官员对周围一切视若罔闻,只盯着眼前的一本书。他只说“ 请法院公正判决”,然后就一声不吭。
方洪:“斯维江(律师)问他,你们对公民是不是都是进行监控监视?审判长问他,你们是吗?他(被告)说,我不屑于告诉你们。斯维江律师要求法官对其训诫。 他不搭理你。”
方洪说,接下来他将申请国家赔偿。按照规定,冤狱人员的经济赔偿是按照上一年职工平均工资的两倍, 也就是按照162元一天来赔偿。此外,方洪打算提出一千万人民币精神损害赔偿。并且要求重庆市政府在《重庆日报》,《重庆卫视》,和《华龙网》给他赔礼道歉。方洪认为,当局规定的经济赔偿数目不合理。
方洪:“你像公务员死了,赔偿是40个月的工资,和上一个年度职工收入的二十倍。我这个才两倍。失去人身自由了,那和死了有什么区别?我还在里面从事繁重的体力劳动,我创造的价值呢?”
方洪说,他从内部听到消息,政治局要求在十八大之前纠正重庆四大错案。包括黎强案,文强案,李庄案和方洪案。
方洪:“这是中央定的,重庆要拨乱反正,要恢复法治,恢复秩序,那么必须要平反一些案件。 (黎强)就一个偷税漏税和行贿,这两个罪最多只能判五年,但是他判的是无期。但是文强,他有贪污受贿,强奸等一系列罪,但也够不上死刑。李庄这个明显的就是冤案了。”
方洪说,重庆还有很多平民百姓的冤案,他所在劳教所关了一千人,因上访而被关押的有近一百人,这些人出来肯定也要起诉,但是法院会不会受理,上访会不会又被劳教,现在很难说。但是好现象是,一些黑监狱被取消了。
方洪还说,他的案件不是法治的胜利,而是政治的胜利,是一个政治性的审判。因为如果王立军、薄熙来不倒台,他肯定到现在还在监狱里关着,可能到死都出不来。
采访编辑/秦雪 后制/周天
Politburo Corrects Four Chongqing Miscarriages of Justice.
Fang Hong Case is First
The Third Court of Chongqing City put a case of international
concern on trial on June 29. The case was entitled “a lump of feces”.
Fang Hong, a retired Bureau of Forestry civil servant
from Chongqing City was finally cleared of injustice.
The court judgment said it was wrong to put him
in a labor camp for a year, for satirizing Bo Xilai.
According to Fang Hong, the Politburo is redressing
four cases of miscarriage before the 18th congress.
The four cases are those of Li Qiang,
Wen Qiang, Li Zhuang, and Fang Hong.
Fang Hong told our NTD reporter that when the judge
was pronouncing his innocence, every staff member,
including the officers, all stood up and applauded.
It seems that everyone was released
from their suppressed hearts at that moment.
Fang Hong: “Because of Wang Lijun and Bo Xilai’s ruling,
which broke the law system and suppressed free speech,
people including civil servants, police, judges,
and prosecutors were all very depressed.
Thus, I call that a restoration of the Cultural Revolution.
They used Mao Zedong’s theory and revived fascism.
It was very similar to the Cultural Revolution.
It was almost in the Cultural Revolution mode.”
Fang Hong was a worker in the Bureau
of Forestry in Chongqing.
Last April, he was sentenced under “disrupting
social order” by Chongqing People’s Government of the Administrative Committee.
Fang Hong had posted a status on Weibo satirizing
former Chongqing CCP leader Bo Xilai and former Public Security Bureau chief Wang Lijun.
He was subsequently sentenced
to labor camp for one year.
Fang Hong was sent to labor camp in less
than a week after his case was brought up.
On June 29, the Third People’s Court of Chongqing
confirmed that the labor camp sentence made
by the People’s Government of the Administrative
Committee was illegal.
According to Fang Hong, the defendant was a member of staff
of the People’s Government of the Administrative Committee.
But his name and identity were not revealed in court.
The staff member maintains his arrogant official attitude.
They were staring at a book and remained silent
after saying, “please make a fair judgment.”
Fang Hong: “Si Weijiang (lawyer) asked him,
“do you always monitor citizens”?
The presiding judge asked him, “do you”?
He (the defendant) said, I am averse to tell you.
Lawyer Si Weijiang requested a response.
But he didn’t answer the question.”
Fang Hong said that he is going
to apply for compensation.
According to law, people imprisoned in miscarriages
of justice should get twice their average yearly income.
That is 162 RMB a day as financial compensation.
Fang Hong also wanted 10 million RMB for moral damage.
He also asks the Chongqing government to apologize on
Chongqing Daily, Chongqing TV, and Chongqing News.
Fang Hong says the financial compensation
the authority offered is not reasonable.
Fang Hong: “For example, a civil servant died
and got 40-months of income as compensation.
That is 20 times the last yearly income. I only get twice of it.
I lost personal freedom. What’s the difference from death?
I also did lots of heavy labor work.
How much did I make?”
Fang Hong said that he heard internally from the authorities
that the politburo demanded to correct the four Chongqing
wronged cases before the 18th People’s Congress.
The cases are those of Li Qiang,
Wen Qiang, Li Zhuang, and Fang Hong.
Fang Hong: “This is decided by the central government.
Chongqing should correct these wronged cases and
revive rule of law. Thus, some cases must be redressed.
(Li Qiang) was accused of tax evasion and bribery,
which should be maximally a 5 year sentence.
However, he was sentenced to life imprisonment.
Wen Qiang was accused of tax evasion, bribery, and rape.
This still should not have been the death penalty.
The Li Zhuang case is obviously a miscarriage of justice.”
According to Fang Hong, there are also lots
of wrongful cases among normal people.
There were a thousand people in the
labor camp where he was.
Almost 100 of them were detained for petitioning.
When they are released, they must bring lawsuits.
It’s hard to tell if the people’s court will take the case,
and if they will get detained in labor camp again.
But it seems like some black jails are abolished.
Fang Hong also says that his case
is not a triumph of rule of law.
It is a triumph of politics.
It is a political judgment.
If Wang Lijun and Bo Xilai didn’t fall from power,
he would certainly still be in prison.
He would possibly be detained until he had died.