【新唐人2013年07月06日讯】大连13名法轮功学员“安锅案”，因为中山区法院没有提前三天将开庭通知送达律师，10名律师拒绝出庭。法院因此宣布择期再审。因为法庭多次违法审理，律师前往大连市检察院要求司法监督，检察院回复说，跟法轮功相关的案件，一律不接受投诉。律师质问：到底谁是邪教？
6月21号，大连市西岗区法院曾经针对此案开庭，那天庭审进行了12个小时，但是因为材料和被告人数太多，并且有三名法轮功学员身体虚弱，站立不住，在律师的强烈抗议下，法庭宣布休庭，择日再审。
7月3号，包括陈建刚在内的律师们收到通知，通知说﹕7月5号上午8点半再次开庭。律师们认为，这违反了提前三天通知律师的法律规定，因此决定拒绝出庭，并且在3号统一告知法庭。
中国律师陈建刚：“他们的做法严重侵害了当事人在诉讼当中的辩护权，存在很多很多的违法现象，比如，没有依法向被告人、辩护人提前三天送达诉讼文书，通知开庭﹔合议庭的组成不符合全国人大的规定﹔还有在庭审当中，审判员居然要求书记员对有些内容不要记入笔录。这都是完全违法的。”
另外一个违法之处是，法官擅自决定对两名生病的法轮功学员另案处理。
依照法律，只有在人数众多的情况下，并且有一部分被告人身体有问题时，可以有两种选择，一是，整个案件终止审理，二是，对这部分有病的人，终止审理，另一部分人继续审理。但是，陈建刚说，西岗区的法官当庭决定，对这两名被告进行另案处理。
陈建刚表示，这样做没有法律授权，法官没有这个权利。
7月5号上午11点，记者致电律师陈建刚，他说刚刚得到消息，法庭宣布审理延期。
陈建刚：“他们开会的时候，大连那边派人说，今天开庭通知不到，那就明天开吧。他们这帮人现在已经到了明目张胆的地步了。为什么今天没能开？不就因为你们没有合法的送达通知书和传票吗？如果你们再安排明天开庭，那你连通知和传票都不送达啦？更不要说合法送达了。有北京那边来的高层官员提醒，你明天开庭，你凭什么明天开庭？你明天开庭的传票你们送了吗？”
这天的庭审，律师们虽然没有去法院，却直奔大连市检察院，他们对中山区和西岗区的几名法官提出投诉，要求检察院对法院进行司法监督。但是检察院拒绝受理。
陈建刚：“他们经请示他们的领导，领导说了，和法轮功相关的，我们一律不接受投诉。领导的说法可以对抗国家的法律，那么到底谁是邪教？那你是不是一句领导的说法，你就可以公然的违法，践踏国家的法律？和他们争执了老长时间，他们落荒而逃。”
因为法官处处违法，律师们还要求更改审理的法院。
陈建刚说，在接下来的代理过程中，律师们将要求不仅仅在实体上要公平公正，而且在程序上，一定要恪守程序法对于被告人和辩护律师各种权利的保护。
陈建刚：“因为公民个人的权利，诉讼的权利，都是通过点点滴滴才能体现的。如果一点一点剥夺了被告人、辩护人的权利，完全没有公平可言。所以我们要求，法院和检察院控方，要合法，要守法，要依据法律来办事。”
去年7月6号，大连市“610”组织伙同各公安分局、派出所、街道社区等，对法轮功学员进行了一次大规模的绑架，主要针对参与安装《新唐人》卫星电视接收器的近百名法轮功学员。这些法轮功学员遭到非法抓捕、抄家、关押，和残酷折磨。后来，有10多人被非法劳教，28人被非法批捕。其中13名被中共认为的“技术人员”被提起公诉。
采访编辑/秦雪 后制/周天
Court Flouts The Law: 10 Lawyers Refused Permission to
Appear At Trial
13 Falun Gong practitioners were recently
prosecuted in Dalian for installing satellite dishes,
used by local residents to receive NTD Television.
The court didn´t send advance notices
to the lawyers as is legally required.
10 lawyers were refused permission to appear
in court, and the trial has been postponed.
The court involved in the case has openly
flouted the law many times.
The lawyers applied for judicial supervision by
the Procuratorate of Dalian City, but were rejected.
The Procuratorate replied that they reject
all complaints concerning Falun Gong-related cases.
One of the lawyers asked,
“Who exactly is practicing a cult?”
The Court of Xigang District in Dalian
heard the case on June 21.
Three Falun Gong practitioners were too weak to
continue being present at the 12-hour hearing.
Under the lawyers´ strong protests,
the court adjourned the trial until a later date.
On July 3, the lawyers, including Chen Jiangang,
were informed that the trial will continue on July 5.
The lawyers collectively refused to appear in court,
as advance notices of the hearing
should have been given to them three days
before the start of proceedings, according to law.
Lawyer, Chen Jiangang: “They´ve seriously violated
our clients´ rights to organize adequate defense.
Besides this, the court failed to send the lawyers
litigation documents three days in advance.
The collegial panel´s formation also didn´t follow
the relevant regulations.
During the trial, judges even prevented the
court clerk from making complete court records.”
Furthermore, the judge illegally decided to
try the case of two sick Falun Gong practitioners, but separately.
According to law, two options exist when
a case involves too many parties, and when
some defendants have health problems.
The whole case shall be terminated;
or the judge shall decide to terminate
the trial of the sick defendants,
while continuing with those remaining fit to be tried.
Lawyer Chen Jiangang said the court´s action
flouted the Law in this case,
the judge having no right to proceed in this manner.
On July 5, lawyer Chen told NTD that he had just
been informed, that the trial had been postponed.
Lawyer, Chen Jiangang: “They held a meeting
to postpone today´s trial until tomorrow.
These court officers have violated the law
openly and brazenly.
Why did the trial have to be postponed today?
They hadn´t made legal deliveries of
the notices and summonses.
Now they´ve decided to hold the trial tomorrow,
but without sending us any notice or summonses,
in good time, as required by law.
A senior Beijing official has warned them
that this is illegal practice.”
The lawyers didn´t show up at the trial, but brought
an action to sue several judges concerned.
The lawyers have asked the Procuratorate of Dalian City
to exercise legal supervision over the proceedings,
at the time of writing, their request has been
flatly rejected by the Procuratorate.
Chen Jiangang: “Their leader replied that
the case is related to Falung Gong.
He said. ‘We’ve never accepted complaints
against cases of this sort.’
This is an overt act against the law,
so who exactly is practicing a cult?
We argued with them for a good while,
and they had no word and run away.”
In the light of the judges´ flagrant breach of the law,
the lawyers have asked for a change of
court to continue the case.
Lawyer Chen Jiangang says that, in the next
proceedings, the lawyers will strive for integrity.
The lawyers will use well the procedural rights to
protect the defendants and themselves, he says.
Lawyer Chen Jiangang: “Citizens have citizen´s rights,
these include rights to conduct litigation.
If these rights are going to be infringed little by little,
then there is no fairness, or justice to speak of.
So we´ve pressured the court, and the procuratorate,
to handle the case in an acceptable and legal manner.”
In July 2012, Dalian´s 610 Office launched massive
abductions of local Falun Gong practitioners.
Local police authorities, police stations and
neighborhood committees joined in the action.
The kidnapping targeted Falun Gong practitioners who had installed satellite dishes for local residents to watch NTDTV.
A group of Falun Gong practitioners were taken
away by the police, their houses were illegally searched.
Over a dozen of them were sent to
re-education-through-labor centers,
another 28 practitioners were
unlawfully arrested in the action.
13 of these Falun Gong practitioners were
prosecuted for being “technical staff".
