【禁聞】謝亞龍庭審翻供:被刑訊逼供

2012年04月26日大陸
【新唐人2012年4月26日訊】中國足球第二批「打假反賭掃黑系列案件」24號開庭,前中共足協高官謝亞龍涉嫌受賄出庭受審,謝亞龍在庭審中翻供說,他在看守所內曾遭到吊打、電擊、抽耳光等刑訊逼供,他說認罪只是為了能活下來,讓被扣留的妻子獲得人身自由。

24號備受公眾關注的足球界人士謝亞龍,在遼寧丹東市中級人民法院接受庭審,他被公訴機關指控12項罪名,涉案金額高達人民幣172萬元。

謝亞龍是前任中共足協副主席,和「足球運動管理中心」主任及副書記,因涉嫌操縱足球比賽及收受賄賂,在2010年9月12號,被檢察機關批准逮捕。

庭審休息期間,謝亞龍的律師金曉光和陳剛在庭外公開表示,謝亞龍自述在審訊過程中經常遭到辱罵、吊打、被脫光衣服坐在老虎凳子上,全身被澆冷水等虐待,還被搧耳光至出血,被電警棍電擊到心律不齊,連續五天不讓睡覺等等。

律師表示,調查人員曾扣留他患有尿毒症的妻子配合調查,並且不放他的兒子出國留學。

謝亞龍向法庭指證刑訊逼供者的姓名,並表示,他的案件沒有經過法律保護程序,他沒有見到律師。因為刑訊逼供,他為了活下去,向人們說清真相,所以「認罪」。

金曉光律師表示,辦案人員在法庭上否認存在「刑訊逼供」。而辯方律師向法庭遞交了「非法取證」的證據,並申請對謝亞龍鑑定傷情。

大陸律師唐荊陵指出,中國的「刑迅逼供」由來已久。像王立軍、薄熙來都是拚命「刑迅逼供」害別人的人。

唐荊陵指出,中國之所以「刑迅逼供氾濫」,是因為專治制度下缺乏扼殺它的手段。

唐荊陵:「像最近這幾年的話,針對維權人士,針對法輪功,它都是廣泛的使用酷刑啊,它這種大規模的犯罪行為,在法律上它都是犯罪的,就是政府這樣來做它是犯罪的,只不過它得到整個政治系統的庇護,這種犯罪不會揭發吧。」

唐荊陵指出,如果三權分立、司法獨立,還有媒體監督,這些問題得不到解決,相信「刑訊逼供」還會大規模出現。

唐荊陵律師:「 當謝亞龍說被刑訊逼供,那法官當庭給他的裁決是要他自己提供被刑訊逼供的視頻,音頻資料或其他證據,這不是很荒謬嗎?太荒謬了,他(法官)這樣說的話那就可以想像,他不會接受這樣的證據。」

謝亞龍庭審,只有包括《央視》在內的四家媒體被允許旁聽。謝亞龍在法庭上曾表示自己入行時一身清廉,是中國足壇的體制和潛規則令他墮落,他說自己不是一個貪官。

大陸江天勇律師指出,在中共體制內,沒有所謂乾淨的官員。

江天勇律師:「 因為這些人完全不受監督,或者不受公民的監督,根據大量存在的這種情況,現在人們相信這個系統裡沒有乾淨的官員,這是一個普遍的認為,無論是問一個共產黨員,甚至一個官員,私下的他都這麼認為,我們也這麼認為。」

謝亞龍的案件是中國足球第二批「打假反賭掃黑系列」之一,其他受審人員包括原中國足協副主席南勇,以及申思、祁宏、江津多名前國家隊球員。2011年底到2012年初已審理了第一批,有48名涉案人員受到宣判。


採訪編輯/李韻 後製/朱娣

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Xie Yalong Extorted Confession By Torture

On 24th April, a court session dealing with the second instance of “crack down on match-fixing, anti-football betting and purging mafia” campaign involving China』s football was held. Xie Yalong, former senior official of the Chinese Football Association (CFA) was brought to trial on suspicion of taking bribes.
Xie recanted his words during the trial, saying that he had been subjected to being hung and beaten, shocked via electric batons, slapped in the face and other tortures. Xie said that he had to plead guilty in order to survive,
and to bargain a release for his detained wife.

On 24th April, Xie Yalong stood trial in the court of Dandong, Liaoning. Xie was charged with12 crimes, each involving amounts of up to 1.72 million RMB.

Xie Yalong was former CFA vice chairman, director and deputy Party secretary of Management Center of Football. Xie was arrested in September 2010 on suspicion of match-mixing and taking bribes.

In the trial recess period, Xie』s lawyer Jin Xiaoguang and Chen Gang said outside the court to the public that Xie said during interrogation, he had suffered from tortures like being hung and beaten; stripped naked to sit on a tiger bench; poured with freezing water; slapped in the face until bleeding;
arrhythmia caused by electric baton shock and sleep deprivation for five consecutive days.

Xie』s lawyers said that the investigators had detained Xie』s wife who suffers from uremia to “cooperate into their probe” into Xie. Xie』s son was also prevented from studying abroad.

In court, Xie Yalong reportedly testified giving investigators』 names.
He said that his case was not going through legal proceedings, nor did he meet with lawyers. After being tortured to confess, Xie had to “plead guilty”
in order to survive to reveal the truth one day.

Lawyer Jin Xiaoguang said that in the court, the investigators denied having used any "torture" to gain Xie』s testimony. The defense counsel handed the court “proof of illegally collecting evidence", and applied for an investigation into identifying Xie』s injuries.

China』s lawyer Tang Jingling points out that “extortion of confession by torture” has long existed in China. Like Wang Lijun and Bo Xilai, both prosecuted others using such means.

Tang Jingling gives the reason behind China』s rampant “extortion of confession by torture”. This is because there is no measure that could be taken to wipe it out under the tyranny system, says Tang.

Tang Jingling: "In recent few years, the regime has extensively used torture in their case handling. For example, they tortured Human rights activists and
Falun Gong practitioners. Such large-scale criminal acts are deemed crimes in
the court of law. That is, the government are committing crimes. But it was protected by an entire ruling political system, thus such crimes wouldn』t be revealed, I think.”

Tang Jingling adds that without realization of the separation of powers, judicial independence and watchdog journalism, the fact of “extortion of confession by torture” will be seen massively in future.

Tang Jingling: "Xie Yalong said that he had been tortured and extorted to confess, but the judge in court asked him to provide evidence (video, audio or other forms). Wasn』t that ridiculous? It』s very ridiculous indeed. If he (the judge) could say these words, you can believe that he won』t accept such evidence."

Only four media outlets, including CCTV, were approved to sit in on Xie Yalong』s count trial. Xie said in court that he was incorruptible when he was a
new entrant to this industry. It was the system and hidden rules of China』s football industry that made him fall. Xie Yalong claimed that he was not a corrupt official.

China』s lawyer Jiang Tianyong reviews that inside the CCP』s political system, there are no so-called incorruptible officials.

Jiang Tianyong: "These people have never been subject to supervision. A vast number of facts show that people all believe there are no incorruptible officials inside this (CCP) system. This is a common view, no matter for a CCP member or for an official, they all admit it in private. And I also think so.”

Xie Yalong』s case was the second instance of “crack down on match-fixing, anti-football betting and purging mafia” campaign in China』s football industry. Other people on trial include Nan Yong, former CFA』s vice and
several former national-team soccer players, including Shen Si, Qi Hong and Jiang Jin. The first group of 48 implicated people were sentenced from the end of 2011 to early 2012.