【禁闻】牡丹江法院刁难律师 逐家属出庭

【新唐人2015年2月16日讯】最近,黑龙江牡丹江市爱民区法院在非法审理法轮功学员关日安、张玉堂的过程中,对聘请的辩护律师设置重重障碍,而对于当事人家属也是百般刁难,甚至无所顾忌。当家属怀疑法庭涉嫌违法时,法庭不仅不更正,还把她们强行拖出法庭。请看一下报导。

2月13号上午9点,当法轮功学员关日安、张玉堂案的辩护律师袭祥栋、石伏龙律师准备进入法庭时,却被法警拦住,要求安检。

辩护律师袭祥栋:“并且要求我们随身携带的电脑要存放,不能带到法庭,他说这是录音录像设备。然后我们肯定不同意,我们在哪个地方办案,律师都是按照法律规定免检的,直接进入法庭。再说我们的电脑,这是我们开庭必须的工具。”

辩护律师袭祥栋表示,法警根本不管法院墙上张贴的最高法院的规定。案件承办官员姜冰冰还对他们两位律师做了笔录,说他们不配合安检。承办法官还威胁说,不尽快进入法庭,就被视为放弃辩护权。

对此,两位律师据理力争。直到上午10点,在法院副院长出面后,律师才被允许进入法庭。

袭祥栋律师还介绍说,今年1月,他们到牡丹江市爱民区法院要求阅卷时,姜冰冰就告诉说要配合法警安检,并且查阅卷宗时只能摘抄,不能复制、拍照等。

而法庭在庭审中也涉嫌多次违法。

开庭前,法院没有通知另外两名辩护律师,唐吉田和江天勇。另外,法庭现场只允许当事人有两名家属旁听。

辩护律师提醒,在另外两名辩护律师没有参加的情况下,开庭属于违法。

对此,审判长不予理睬,还把抗议的关日安妻子赵欣逐出法庭。

法庭在开庭过程中还强行三次休庭,其中两次休庭没有任何理由,并且张玉堂、关日安还被带出法庭十多分钟,两人返回法庭后,身体明显发生了异常变化。

据当事人家属透露,在上午开庭时,张玉堂是由法警扶着走进法庭的,关日安是自己走入法庭的,两人看上去神智都很正常。关日安还问,为什么另外两位辩护人没有到场?

但到下午1点开庭时,张玉堂是用轮椅推进法庭的。关日安的反应明显迟钝,对律师的问话也不回答,张玉堂在宣读自己的陈述词时,明显吃力。

审判长季明让人给张玉堂拿水喝。但张玉堂喝下后,不久便言语不清,还痛苦地抱着头。审判长让医护人员为他草草做了检查,说一切正常,继续开庭。

张玉堂的妻子张翠霞当庭站起来,对此表示抗议。但她被四、五名法警拖出法庭大门外。张玉堂对此也没有任何反应。而在上次庭审期间,在张翠霞受到法庭不公待遇时,张玉堂当庭做了长时间抗议,与此次大不相同。

唐吉田律师认为,当局之所以对律师百般刁难,剥夺当事人和家属的权利,就是因为当局底气不足,想通过胡来让家属、律师知难而退,对他们的违法犯罪不再进行揭露。

律师唐吉田:“像关日安、张玉堂类似案子,严格来讲它就不是案子。因为这只不过是官方以法律的名义,借助法庭这样一个空间或者这样一个形式,把他们污名化、标签化或者妖魔化的一种手段而已。”

关日安、张玉堂的遭遇,在中共对于大陆法轮功学员长达16年的迫害中,屡见不鲜。

唐吉田律师指出,关日安、张玉堂根本就构不成犯罪,他们是在行使公民的最基本权利。而构陷他们的那些人,才是真正的犯罪人员。

实际上,去年4月初关日安、张玉堂被当地国保大队非法绑架后,5月初爱民区检察院以证据不足驳回了对他们的起诉。

但在6月中旬,在没有通知家属的情况下,他们的案子却在看守所秘密开了庭。

此后,看守所、法院还多次对家属委托的代理律师刁难,致使家属不得不更换律师。

唐吉田表示,是凡涉及到公民权利和公民政治权利的案件,往往被当局内部的人看成是“敌对势力”,为他们辩护的人,也被当局视为“敌对分子”。所以,在这类案件中,法院不遵守法律任意作为,就成了常态。

采访/陈汉 编辑/宋风 后制/李智远

District Court in Mudanjiang Illegally Intimidated Lawyers and Expelled Defendant’s Family

A district court of Aimin District, Mudanjiang, Heilongjiang
Province recently illegal tried Falun Gong practitioners
Guan Rian and Zhang Yutang.

The court purposely created difficulties for defense
lawyers and defendants’ family members by sitting
in on the trial in an illegal and reckless manner.

When a defendant’s family member questioned the court’s
violation of law, she was forced out of the court by guards.

Let’s look at the following report to see what and why
the Aimin district court did what they did.

At 9 a.m. on Feb. 13, Xi Xiangdong and Shi Fulong,
defense lawyers for Falun Gong practitioners Guan Rian
and Zhang Yutang, were held by court guards and forced
to undergo security inspection at the court entrance.

Xi Xiangdong: “We were also required to leave the laptop
out of the court, as the guard said this is a recording
and videotaping equipment.’

Of course we didn’t agree.

Wherever we go, lawyers are exempt from security check
according to law.

Our laptop is also a necessary tool for our work
during trial."

Xi Xiangdong said court guards completely ignored
the rules issued by the Supreme Court which
were displayed on the court wall.

The judge Jiang Bingbing even placed inquisition records
on them, claiming that the lawyers did not follow
security inspection rules.

The judge further intimidated lawyers by claiming that they
would be regarded as giving up defense rights if they did not
enter the court immediately.

The two lawyers tried their best to argue the issue.

At 10 a.m., they were finally given access to the court
after the court’s vice dean intervened.

Xi Xiangdong futher revealed the story when they visited
the district court this January to read case records.

At that time, Judge Jiang Bingbing also told them that
lawyers had to undergo security check, and only allowed
the lawyers to take manual notes instead of taking
photos or making copies of the documents.

The Aimin district court is also accused of conducting
many illegal procedures during the trial.

Two more defense lawyers, Tang Jitian and Jiang Tianyong,
were not notified of the trial.

The court also allowed up to two family members for each
defendant to sit in on the hearing, which is also unlawful.

Defense lawyers Xi and Shi reminded the judge that
holding a court session without the other two lawyers
is violation of law.

However, the chief judge ignored the warning, and further
expelled Zhao Xin, defendant Guan Rian’s wife,
from the court during the trial.

The judge forcibly stopped the trial three times,
without any reason for two of the stoppages.

During recess, Zhang Yutang and Guan Rian were
taken out of the court for over 10 minutes.

When the two defendants returned to court, their
mental status had significantly changed.

According to family members of Zhang and Guan,
Zhang Yutang was aided by court a guard when entering
the court and Guan Rian walked in by himself.

Both appeared to be in a good mental state.

Guan Rian also asked why the other two defense lawyers
were not present.

However, when the trial re-convened at 1 p.m.,
Zhang Yutang had to use a wheelchair to enter the court;
Guan Rian looked sedated and frequently gave no
response to lawyers’ questions.

Zhang also struggled when reading
his defense statement.

Chief judge Ji Ming asked Zhang to drink some water.

However Zhang could hardly speak soon after that,
holding his head in pain.

The chief judge demanded a hasty medical examination
but then continued the trial, announcing that,
“nothing is wrong with Zhang’s health."

Zhang Yutang’s wife Zhang Cuixia stood up to contest
the court decision.

However, she was forced out of the court
by four or five guards.

Zhang Yutang did not react to the incident.

During the previous hearing, Zhang had acted very
different as he protested for a long time
when his wife was violently treated.

Lawyer Tang Jitian commented that the court tried all
possible ways to obstruct lawyers’ work as well as suppress
rights of defendants and their families.

The authority intended to scare away lawyers and
defendants to stop them from uncovering the party’s
crimes and unlawful acts, said Tang.

Tang Jitian: “Strictly speaking, Guan Rian
and Zhang Yutang’s cases are not really legal.

The authority simply tries to defame and demonize these
practitioners in the name of law and in the form of trial."

The experience of Guan Rian and Zhang Yutang has been
frequently seen during the Chinese Communist Party’s (CCP)
16-year persecution of Falun Gong.

Tang Jitian commented that Guan Rian and Zhang Yutang
were executing their basic citizen rights.

Guan and Zhang committed no crimes while those making
false charges are the real criminals, said Tang.

The fact is, after Guan and Zhang were illegal abducted
by local state security officers last April, Aimin district
procuratorate had dimissed the appeal against them
in May due to “insufficient evidence."

However, in mid-June, a secret hearing on their cases
was held in the detention center without their families
being notified.

Since then, the district detention center and court
purposely created obstructions for previous defense
lawyers of Guan and Zhang.

Their families had to look for other lawyers.

Tang Jitian commented that any defendant involved in civil
rights and citizen’s political rights issues is regarded
as a “hostile force" inside the CCP.

Lawyers defending those people are also regarded
as “hostiles."

Thus, it has become normal to see court acting recklessly
without following any rule when handling this kind of case.

Interview/ChenHan Edit/SongFeng Post-Production/Li Zhiyuan

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