【禁闻】中国律师呼吁停止侵害执业权

【新唐人2013年07月24日讯】近年来,中国各地律师执业权益遭受侵害的恶性事件频发,导致律师行业的环境急剧恶化,引发了律师们的愤怒,日前,10多名律师联署公开信,强烈呼吁中共当局履行职责,惩治侵害律师执业权的违法行为。

这封致律师协会、人大常委会、最高检和公安部的联署公开信,由常伯阳、马连顺等10多名律师发出,信中列举了近三个月来,被媒体和网路披露的侵害律师执业权的部分案例:

其中包括,广东律师隋牧青,在海南文昌办案时被当地警察无理驱逐﹔北京律师王全章,依法办案,被江苏靖江法院无理拘留﹔山东律师刘金滨,在江西新余被警察无故殴打。

以及,北京律师王宇等人,在广西博白办案时遭当地警察骚扰,还被阻止会见当事人﹔另有山东律师刘卫国,到看守所会见被刑拘的法律学者许志永时,被无理拒绝,还被带到派出所被非法限制人身自由6个小时等。

律师联署的公开信表示,这些被披露出来的案件不过是冰山一角,而大量侵害律师权益的事件,由于各种原因被隐瞒或被掩盖。

山东律师李向阳指出,中国维权律师不仅权益受到侵害,连生命也遭到威胁。他说,他在庭审过程中,曾被法官恶意殴打,辱骂,甚至还被剥夺了代理权。

山东律师李向阳:“现在我提上去相关文件的请求,他们也拒不答复,很多时候案子拖而不办,法官反而对当事人,我们这些人蛮横无理,当前中国的司法状况可以这么说,是无法可依,是一个用潜规则来运行的社会,法律在权力面前就等于一张废纸。”

前几年,北京律师唐吉田在依法办案过程中,不但遭到国保的骚扰、监控及法官的打压,2011年唐吉田还被中共当局吊销了律师执业执照。

北京律师唐吉田:“这几年,律师由于更广泛的参与法律及社会事件,为大众提供服务的方式、方法越来越多,活动的领域也越来越广,官方非常仇视作为律师的人,也采取了各种各样的手段对他们干扰,甚至是迫害,所以这样一些人,就律师权益问题,发出声音,这样一个行动我是坚决支持。”

唐吉田指出,在中国没有司法公正,更没有独立的律师制度,民众的很多问题又不能通过法律解决,律师在帮民众维权过程中,一旦和当局发生某些碰撞,就会被当局看成所谓不稳定因素或麻烦制造者,而进行残酷镇压。

山东盲人维权人士陈光诚,因帮助村民维权,不但被判刑入狱,连他的家人也长期被非法软禁。去年,陈光诚在网友的帮助下虽然逃离中国,但他的亲属目前仍遭中共的残酷迫害。

还有,著名的维权律师高智晟,曾三次致信中共领导人为“法轮功”鸣冤。2007年,高智晟被中共当局以“煽动颠覆国家政权罪”判处三年徒刑,缓刑五年,受到当局关押和酷刑折磨,至今仍关押在新疆“沙雅监狱”。

中国资深法学专家赵远明:“为被告进行辩护,或者代理公民参与法律上的有关事务,这是律师的职业,但是由于政法委控制公、检、法、司,然后,它认为律师好像是跟公、检、法在作对立,然后它就使用暴力相威胁,对律师进行打击报复。这种行为都是严重违法行为。”

中国资深法学专家赵远明指出,由于中共没有一个公正的司法环境,尤其周永康在担任政法委书记的十几年来,无恶不作,虽然他退位了,但他所代表的利益集团,以及他之前的追随者仍无法无天,因此造成了中国社会目前这样的一种乱象。

律师们在公开信的最后,强烈呼吁相关部门履行职责,针对侵害律师执业权的行为增加惩罚性条款,并查处相关部门或个人的违法行为。

采访编辑/李韵 后制/李勇

Chinese Lawyers Appeal to End Violations to Right of Practice

In recent years, vicious incidents violating lawyers’ rights
have been happening frequently across China,
leading to sharp deterioration of the legal environment.
Not long ago, over a dozen lawyers
jointly signed an open letter strongly urging
the Chinese Communist Party (CCP) authorities to
punish those who violate lawyers’ rights.

This letter is addressed to the Lawyers Association,

the Standing Committee of the National People’s Congress,
the Supreme Procuratorate and the Ministry of Public Security.
It was jointly signed by over a dozen lawyers including
Chang Boyang and Ma Lianshun.
The letter lists cases reported by the media and on the internet
in the past three months that violate lawyers’ Right of Practice.

Among cases listed were Guangdong lawyer, Sui Muqing,
who was unreasonably dismissed by the local police
when he was handling a case in Wenchang city, Hainan;
Beijing lawyer, Wang Quanzhang, who was detained
for no reason by the Jingjiang Court in Jiangsu Province
while he was working on a case;
Shandong lawyer, Liu Jinbin, who was beaten without cause
at Xinyu City of Jiang Xi Province.

Also included were Beijing lawyer, Wang Yu, and others
who were harassed by the local police
while investigating a case in Bobai City of Guangxi Province.
They were also forbidden to meet parties involved in the case.
Shandong lawyer, Liu Weiguo, was also unreasonably denied
when he tried to meet with detained legal scholar, Xu Zhiyong,
at the detention center.
He was even taken to a police station where
they illegally restricted his personal freedom for six hours.

Lawyers pointed out in the open letter that
these several cases are only the tip of the iceberg.
Large numbers of events against lawyers’ rights and interests
have been withheld or concealed for various reasons.

Shandong lawyer, Li Xiangyang, pointed out that not only are
human rights lawyers in China having their rights violated,
their lives are also being threatened.
Li said he encountered malicious beatings and verbal abuse
from judges during hearings,
and was even deprived of the right to represent his client.

Li Xiangyang: “I have submitted relevant documents,
but they refuse to reply. Cases are very often put on hold.
The judges act very rude towards us and our clients.
China’s current judicial system can be said to follow no laws.
This society is run by unspoken rules.
The constitution is equivalent to a pile of scrap paper."

A few years ago, while Beijing lawyer, Tang Jitian,
was working on a case, he was harassed,
monitored and suppressed by National Security personnel.
In 2011, CCP authorities also revoked his license to practice law.

Tang Jitian: “In recent years, lawyers more widely participate in
legal and social events, and provide more services to the public.
The authorities are thus very hostile towards lawyers and use
a variety of means to interfere with and even persecute them.
So I strongly support speaking out for the rights of lawyers."

Tang points out there is no justice in China,
nor an independent system of lawyers.
A lot of the people’s issues cannot be solved via the law.
As lawyers collide with the authorities while defending
the rights of the people, lawyers are viewed by the authorities
as so-called unstable factors or troublemakers,
and so they face brutal repression.

For example, when blind activist, Chen Guangcheng,
was helping villagers in Shandong to defend their rights,
not only was he sentenced to prison,
his family has long been under illegal house arrest.
Last year, Chen Guangcheng was able to flee from China,
but his relatives are still under CCP’s brutal persecution.

There is also renowned human rights lawyer, Gao Zhisheng,
who sent three open letters to CCP leaders appealing for Falun Gong.
For this, Gao Zhisheng was sentenced to prison in 2007,
in name of “inciting subversion of state power."
Since then, Gao has been illegally detained and tortured by
authorities, and is still detained at Shaya prison in Xinjiang.

Senior legal expert Zhao Yuanming: “It is a lawyer’s
responsibility to defend the accused or represent citizens.
But since the Political and Legislative Affairs Committee (PLAC)
runs the legal system, they think lawyers fighting against them.
They use violence to threaten lawyers.
This behavior seriously violates the law."

Zhao Yuanming pointed out that there is no
fair judicial environment under the CCP’s rule;
particularly in the past decade, with Zhou Yongkang as
secretary of the Political and Legislative Affairs Committee.
Although he stepped down, the interests group he represents
and his followers still don’t follow the law,
thus creating a such a chaotic situation in Chinese society.

In the open letter, lawyers strongly urged relevant departments
to fulfill their duties, provide punishment for actions
violating lawyers’ right to practice,
and bring related organizations and individuals to justice.

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