【新唐人2013年07月20日讯】中国“新公民运动”倡导者许志永博士日前被拘捕。山东律师刘卫国作为许志永委托的代理律师,于7月18号前往看守所会见许志永,刘卫国不但被警方阻挠,还被警察抓到派出所拘留数小时。19号早上,刘卫国再次前往看守所要求会见许志永,被警方再次拒绝。
刘卫国7月19号中午告诉《新唐人》,他一大早去北京第三看守所再次要求会见许志永,结果仍然被拒绝。
北京宪政学者许志永代理律师刘卫国:“我拿着法律所限定的律师证、委托书和我单位开出的介绍信,看守所就必须安排我会见。我的会见权不依警察同意、不同意而改变。所以他们又是用非法的手段来限制许志永见律师的权利,也限制我作为律师行使职责的权利。”
看守所第二次拒绝刘卫国的借口是:他“不适合代理许志永的案件”。
刘卫国:“办案单位抓了许志永,然后办案单位决定许志永该用什么律师吗?这是天大的笑话。”
刘卫国表示,警方没有权力评判谁合适不合适担任许志永的律师。许志永信任他,就有权利委托他。只要律师的手续符合法律规定,看守所就必须安排会见。刘卫国打算对看守所和派出所阻挠他会见许志永的违法行为提出一系列控告。
刘卫国:“从昨天开始,他们首先是一种非法的手段来刁难我。然后到下午又用警察抓捕我的方式来限制许志永先生委托律师,今天又说办案单位不让我见。他们有各种各样的借口来限制许志永先生见律师,这是对人权的极大侵害,非常恶劣。”
刘卫国表示,不知道警方出于什么目地﹖千方百计的阻挠他会见许志永。他对许志永现在的情况非常担忧。
刘卫国:“他现在会见律师的权利被剥夺。所以我们对许志永现在的状况非常非常担心。担心这里面会有什么不可告人的丑恶的事情发生。”
尽管警方重重阻挠,但是刘卫国打算坚守许志永对他的委托,并不打算更换其他律师。
刘卫国:“因为许志永先生他信任的是我。如果说委托别的律师的话,那还是剥夺了许志永先生选择律师的权利。他既然选择了我,我就有义务,也有权利出任他的律师。许志永先生也有权利不更换律师。没有任何人可以强迫许志永先生去更换律师。用这种非法刁难的方式来迫使许志永先生换律师,这就是违法的。”
半个月之前,许志永曾经被警方传唤过三次。他觉得人身安全恐怕得不到保障,因此提前征求刘卫国的意见,说如果有问题的话,请刘担任他的律师。
刘卫国介绍,7月18号他赴北京第三看守所要求会见许志永,遭到拒绝,并且在下午三点半被警察抓到孙村派出所。刘卫国要求离开,警察生拉硬拽的强行把他留在办公室里。然后警方给他做笔录,严重违背他的真实意愿。刘卫国拒绝签字。晚上九点多,警察将刘卫国送到宾馆,他才获得人身自由。
7月18号当天,还有许多民众到北京第三看守所声援许志永,警方抓捕了十多人。
许志永从今年4月12号起被软禁,7月16号被北京市公安局交通管理分局正式以“涉嫌聚众扰乱公共场所秩序”刑事拘留。有分析认为,许志永这次被刑事拘留,跟他公开倡导推动官员公示财产有关。
许志永曾是“北京邮电大学”讲师,是北京民间团体公民联盟创始人之一、也是中国著名的青年法学家、宪政学者和公民维权的领军人物,他倡导公民以非暴力的方式维护自己的权益。
采访 编辑 秦雪 后制 李勇
Xu Zhiyong’s Lawyer Detained for Defending His Rights
Dr. Xu Zhiyong, who is seen as the leader of the campaign,
“New Citizens’ Movement,” was detained on July 16.
On July 18, Xu’s lawyer Liu Weiguo went to the
detention center to see Xu but was denied by police.
The police held Liu for several hours.
On July 19, Liu went back to detention center
again, but police rejected him again.
On July 19, Liu Weiguo told NTD that he went to Bejing
No. 3 Detention Center to see Xu, but police still denied him.
Xu Zhiyong’s lawyer, Liu Weiguo: “I took my lawyer
certificate and all necessary documents with me.
According to the law, they must let me see Xu.
My rights to meet with Xu can’t be changed
by the police’s attitude.
The police illegally blocked Xu Zhiyong’s rights
from meeting with the lawyer.
They also abused my lawyer rights to fulfill my duty.”
The detention center rejected Liu Weiguo’s claim saying,
“Liu is not ‘suitable’ to take Xu Zhiyong’s case.”
Liu Weiguo: “They first arrested Xu Zhiyong,
then decided whom should be chosen as Xu’s lawyer. It’s a joke!”
Liu Weiguo said that the police don’t have rights to make
the decision regarding who is suitable to be Xu’s lawyer.
Xu trusts Liu and has rights to appoint Liu as his lawyer.
As long as the lawyer follows procedure, the detention
center must arrange a meeting for the lawyer.
Liu Weiguo decided to sue the detention center
and the police for such illegal behaviors.
Liu Weiguo: “Since yesterday, the authorities illegally
made things difficult for me.
They sent police to arrest me, so as to prevent Xu
from appointing his lawyer.
Today they said that the case handling unit
didn’t want me to see Xu.
All the excuses are to stop Xu from meeting his lawyer.
This is a great violation of human rights,
it is extremely bad.”
Liu Weiguo questioned the reason for the police’s
behavior.
They tried all means to prevent him from seeing Xu.
Liu now is very worried about Xu’s situation.
Liu Weiguo: “His (Xu’s) rights to meet with his lawyer
have been deprived.
Thus we are very worried about Xu.
We are worried about sinister things happening to Xu.”
Although the police set many obstacles, Liu Weiguo insists
on fulfilling his duty to Xu and doesn’t plan to go along with a lawyer change.
Liu Weiguo: “Xu Zhiyong trusts me. If they choose
another lawyer for Xu, it would deprive Xu’s rights.
It is my duty and rights because he chose me.
Xu also has the right not to change lawyers.
No one can force Xu to change lawyers.
It is illegal that they deliberately set this obstacle
so as to force Xu change lawyers.”
Two weeks ago, Xu was summoned three times
by the police.
Xu felt his safety was not secure,
thus Xu consulted Liu Weiguo before hand.
Xu said that if anything happened,
Liu can be his lawyer.
Liu Weiguo said that on July 18, he went to Beijing No.3
Detention Center to see Xu but was denied by police.
In addition, police detained Liu in Sun Village police
custody from 3pm.
Liu requested to leave, but police forcibly
held him in their office.
The police took fabricated notes, Liu refused to sign.
At 9pm in the evening, police released Liu.
On July 18, many people went to Beijing No.3 Detention
Center to see Xu. More than a dozen of them were arrested.
Xu Zhiyong was placed under house arrest since April 12.
On July 16, Beijing police detained him under suspicion
of having “gathered crowds to disrupt public order.”
Analysts said that Xu’s detention could be due to his
campaign to push for government officials’ asset disclosure.
Xu Zhiyong was a lecturer at Beijing University
of Posts and Telecommunications.
He was co-founder of Beijing Citizens’ Action Alliance,
as well as a popular legal scholar and human rights advocate.
Xu supports non-violent ways
to defend their human rights.