A Mockery of the Law in Panzhihua Court, Sichuan Province - Lawyers Threatened and Deprived of Legal Right to Defend Client
By a correspondent in Sichuan Province
(Clearwisdom.net) On January 12, 2010, Falun Gong
practitioner Ms. Gong Shuhui had a second so-called trial in the
Miyi County Court, affiliated with the Panzhihua Intermediate Court
of Sichuan Province. Two lawyers, Li Jinglin and Li Subin from
Beining City, were ready to defend the innocence of Ms. Gong
Shuhui, when Mr. Li Subin's rights as a defense lawyer was suddenly
denied by the Court. He was even openly threatened, "If you say a
word for her, the officers from both the Domestic Security
Department and National Domestic Security Bureau will be waiting
for you outside."
Outside the Court No Seats for Ms. Gong Shunhui's Family Members Ms. Gong's husband, Mr. Yang Chaohong, came to the front door of
the courtroom with their teenage son, and thought they should be
allowed to attend the trial in accordance with Chinese law. However
the police refused to even let them get through the front door of
the courthouse. Mr. Yang protested that as the defendant's husband,
he has the right to attend the trial. The guards then examined his
ID, took pictures of him and then allowed him to enter the front
door. Nonetheless, he was still forcibly prevented from entering
the room where the trial was being held, claiming that the room was
already full. Not even the main witness could attend the trial.
Only those persons prearranged by the court were allowed to be
there. According to current law in China, the defendants have the right
to defend themselves, and may also ask family members to retain two
lawyers for their defense. The court has to respect the defendant's
rights, and neither the judge nor the court should interfere.
However, the judge in this case completely disregarded the rules of
Chinese law, and did not allow lawyer Li Subin to defend his client
in court. When Ms. Gong Shunhui protested, "I have the right to have two
lawyers for my defense," the judge stopped her from speaking. Attorney Li Subin said, "I was entrusted to defend my client
according to Chinese law, and as such, this does not need the
approval of the court. A judge responded, "You have to follow the
judge's arrangements inside the court." The lawyer debated, "No
matter who you are, a citizen, a lawyer, or a judge, all must obey
the law." The judge threatened, "You must follow a judge's words.
We will not start this court session." This judge, Qin Yong, left
after he said these words. In order for the trial to begin, Mr. Li
Subin had to surrender his right to defend his client. Those involved in Ms. Gong's trial were Yao Xiaosheng, the
presiding judge from the Panzhihua Intermediate Court, Wang Cheng
and Qin Yong as the judiciary, and the public prosecutor was Zhu
Zhengfu from the Procuratorate of Miyi County. Lawyer Li Jinglin Enters Not-Guilty Plea for Ms. Gong The trial began at 10:30 a.m. and ended hastily around 11:30
a.m. The other lawyer, Li Jinglin, defended the innocence of Ms.
Gong Shunhui rationally and solidly. Lawyer Li Jinglin argued in his statement that outside of the
law, Yang Zihua, captain of the National Security Bureau of the
Miyi County Public Security Bureau, Li Xuesong, the deputy captain,
and police officer Zhou Lin illegally invaded Ms. Gong Shunhui's
home. It was also argued that the accusation that Ms. Gong Shunhui
undermined the implementation of law using a religious organization
was absurd, because there is no such rule of law in China. Falun
Gong practitioners advocate Truthfulness-Compassion-Forbearance and
promote Falun Gong, which is a natural extension of freedom of
religious belief, and they comply with the constitutional principle
of freedom of speech. No government offices, social organizations
or individuals have the power to interfere. The law of the People's
Republic of China has not prohibited its existence, and it is not
reasonable to prohibit its existence.
On January 12, 2010, before the court convened, police officers
Yang Zihua, Li Xuesong, Zhou Lin and Xu Xing from the National
Security Bureau, and other officials from the local police station
and villages patrolled outside the court. They dispersed
practitioners and others who were prepared to witness the
proceedings. However, Mr. Huang Chenghui from Caochang Town and
others resisted and sat down near the door to the court. Officer Xu
Xing brutally kicked them and shouted, "Roll yourselves back home,
otherwise you will be punished to death!" The practitioners did not
move, and then another officer, Zhou Lin, started taking their
photos.
The trial was arranged by the court in a small room with only 18
seats, and all of the seats were assigned to three police officers
and officials from the nearby town and villages. There was no room
for Ms. Gong's family members.
Lawyer Li Subin Deprived of the Right to Defend Ms. Gong
Defense Lawyer Publicly Threatened by Judges
During the trial, Lawyer Li Jinglin stated that there is no guilt
in belief, the Constitution is supreme, and there is no guilt in
the belief in Falun Gong. The judge then threatened the lawyer,
"You are not Chinese. You must be a Falun Gong practitioner
assigned by the U.S.A." The judge even wanted to investigate his
identity and then continued his threats, "If you say another word,
there will be police officers outside waiting for you."
The lawyer pointed out that there are 300 provisions in the law
requiring that "organizing" and "using" occur at the same time. He
then stated that Chinese administration of justice is above the
law, and the ones who execute the law are also the ones who break
the law. He also noted that the public prosecutor is a deputy
procurator, which does not conform with proper legal procedure.
When the presiding judge, Yao Xiaoshun, interrupted the lawyer's
defense, the lawyer responded, "All judges should obey the Code of
Criminal Procedure, the judge ethics law and the Judges' Law, to
protect the rights of the innocent or the defendant. What the
lawyers do is to safeguard the legitimate rights of citizens and
safeguard the dignity of the law."
Posting date: 2/2/2010
Category: Persecution Accounts
Chinese version available at
http://minghui.ca/mh/articles/2010/1/17/216410.html
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