[发表评论] [查看此文评论]    滕彪文集
[主页]->[独立中文笔会]->[滕彪文集]->[China’s blind Justice]
·Don’t Get Too Excited About the Investigation of Zhou Yongkang
·Sensing subversion, China throws the book at kids' libraries
·China’s Unstoppable Lawyers: An Interview With Teng Biao
·Hongkong: the Unbearable Weight of the Revolution
·Courts are told what decision to make in important cases
·RISKY BUSINESS fighting for Human Rights in China
·The Supremacy of the Constitution, and Freedom of Religion
·如果有人倾听你对 昨夜梦境的复述(诗四首)
·China’s Empty Promise of Rule by Law
·Sensing subversion, China throws the book at kids' libraries
·What will this crackdown on activists do to China’s nascent civil soc
·The most dangerous job in law
·Selective Blindness over China and Huamn Rights
·Blood, Justice and Corruption: Why the Chinese Love Their Death Penalt
·Human Rights Advocates Vanish as China Intensifies Crackdown/NYT
·‘Did We Stand on the Side of Tank Man?’
·The Quest to Save the World's Scholars From Persecution and Death
·Comments on the draft law on Foreign NGO Management
·China is moving toward a new totalitarianism
·Uncivil/ The Economist
·Why Xi Jinping is Purging China’s Human Rights Lawyers
·CCP party has an exaggerated fear of a color revolution
·Toast at the Stateless Breakfast
·"China é responsável por 90% das execuções mundiais"
·China's international relations at a time of rising rule of law challe
·Seven Chinese activists wrote to the Dutch King
·Dictatorship is a Decapitator, Whether it Tortures You or Treats You W
·Innocence project movement in China rises to aid the wrongfully convic
·Book Debate Raises Questions of Self-Censorship by Foreign Groups in C
·Leaked Email: ABA Cancels Book for Fear of ‘Upsetting the Chinese Gov
·Is the ABA Afraid of the Chinese Government?
·Middle way should not be the only voice: Chinese activist to Tibetans
·Middle way not the only way for Tibet, says Chinese rights lawyer
·美律协违约拒为滕彪出书 国会要求解释
·Lawmakers Pounce After ABA Scraps Book by China Rights Lawyer
·American Self-Censorship Association/WSJ
·An interview with China’s foremost rights lawyer Dr Teng Biao
·Is China Returning to the Madness of Mao’s Cultural Revolution?
·The Conundrum of Compromise/Robert Precht
·Congress Still Calling Out ABA Over Canceled Book Deal
·No country for academics: Chinese crackdown forces intellectuals abroa
·'China wacht een revolutie, ik hoop een vreedzame'
·Arrestatiegolf China toont angst van regime
·Le Parti communiste chinois est confronté à une série de crises
·英媒:遭受打击 中国知识分子被迫出国
·709 Crackdown/ Front Line Defenders
·Cataloging the Torture of Lawyers in China
·the Comfort of Self-Censorship
·Chinese dissidents urge Obama to press Xi Jinping on human rights at G
·China blocks major civil society groups from monitoring G20 summit
·Open Letter to G20 Leaders attending the 2016 G20 Summit
·Rights lawyers publicly shamed by China's national bar association
·中共“长臂”施压 维权律师滕彪妻子被迫离职
China’s blind Justice

   By Li Jinsong, Zhang Lihui, Li Fangping, Teng Biao, and Xu Zhiyong
   The Asian Wall Street Journal
   SEPTEMBER 13, 2006

    Chen Guangcheng, a blind advocate for the rights of Chinese villagers, recently made headlines around the world when he was sentenced to four years and three months in prison. But, as his chosen lawyers, we were prevented from presenting a fair defense by obstacles erected by Chinese authorities. A local court imposed unacceptable terms on us defending our client at his August 18 trial. Before the trial, we had been detained by police, intimidated, and one lawyer was not freed until the trial was over. Except for Mr. Chen’s three brothers, no other members of the public, not even his wife and mother, were allowed to attend the two-hour hearing.
    That’s why we are using these columns to outline the defense that was never presented in court, and explain how our client was convicted of crimes he did not commit. In those closed-door proceedings, Chinese officials punished Mr. Chen for disclosing their own criminal activities--forcing villagers to undergo sterilizations and forced abortions, even though these are officially illegal under Chinese law.
    Had we not been barred from the courtroom, we would have argued that the trial was unlawful. The two government-appointed lawyers, whom Mr. Chen refused to accept, had never met him before the trial nor read any of the files on his case. They did not offer any defense during the hearing, but merely repeated everything the prosecutors said.
    The pre-trial process also violated Chinese law and infringed basic human- rights principles. A self-taught lawyer, Mr. Chen has long helped the disabled and peasants fight illegal taxes and environmental pollution. In June 2005, he filed a class-action lawsuit accusing local officials in Yinan County in northeastern Shandong Province, of forcing peasants to undergo abortions or sterilizations in order to meet birth-control quotas. Two months later, Yinan officials placed Mr. Chen under house arrest. Then in March this year he was taken away by police. When we were finally allowed to meet Mr. Chen in June, he told us that police had verbally abused him, threatened his life, and once deprived him of sleep for three days.
    Ever since the first of us took on Chen’s case in September last year, we have been pressured by local authorities to drop it. When we refused to do so, we were beaten and intercepted by government officials as we tried to carry out investigations and collect evidence.
    Both of the charges on which Mr. Chen was convicted are groundless. The first, “intentional destruction of property,” is based on a clash on Feb. 15 this year between villagers and police, who had beaten another villager protesting Mr. Chen’s illegal house arrest. But it was local officials, rather than Mr. Chen, who were responsible for “inciting” this incident by carrying out that beating. People we interviewed said the villagers did no more than push police vehicles into a roadside ditch, and that they only acted in this way because police refused to take the victim’s grandmother to hospital, after she passed out on hearing of the beating.
    As for the second charge of “gathering crowds to obstruct traffic,” once again it was the police rather than Mr. Chen who were responsible for this. On March 11, guards used by the local authorities to enforce the house arrest beat up another villager trying to meet Mr. Chen. Angry villagers then clashed with the guards and succeeded in getting Mr. Chen out of his house so that he could accompany them to the local government offices to protest. As they tried to get rides into town, police and guards surrounded them and temporarily stopped traffic until they could wrestle Mr. Chen and two other villagers into police cars, and take them into custody.
    The prosecutors introduced testimony from other detained villagers, accusing Mr. Chen of “inciting” property destruction. But lawyers representing these villagers were never allowed to meet with them. Nor were they allowed to cross-examine these “witnesses.” Family members of these villagers, who were detained for supporting Mr. Chen, said that they were mistreated in jail and forced to testify against Mr. Chen.
    The real criminal suspects in this case are the officials responsible for obstructing justice and undermining the country’s legal reform. These local officials could hardly have acted with such contempt and disregard for the law unless they had been given the green light by authorities higher up in the government. Nonetheless, in appealing Mr. Chen’s case to a higher court, we will act on the assumption that the country’s legal system can, without official interference, deliver a fair verdict and remedy wrongs. This may prove to be too optimistic. But we can only find out by fighting for justice, case by case, one client at a time.
    Messrs. Li Jinsong, Zhang, Li Fangping, Teng and Xu are Beijing-based lawyers.

©Boxun News Network All Rights Reserved.