【禁闻】王全璋律师案“绝地大反攻”

2013年04月09日人权
【新唐人2013年04月09日讯】由于网络声援,和大量维权律师同仁的抗议,被江苏靖江市法院滥权司法拘留的北京维权律师王全璋,提早得到了释放。不过,事件并没有就此打住。王全璋表示,已经委托两位律师,就自己被不当司法拘留申请复议。网友表示,王全璋律师案打响了反攻的“第二季”。

4月8号,大陆律师杨金柱在博客和微博上发表文章,证实了王全璋申请复议的消息。并表示,已经取得陈光武律师的同意,俩人一起担任王全璋律师司法拘留复议案的代理人。

王全璋4月6号被提早释放,7号就在自己的微博表示,已经申请复议,9号他向泰州市中院邮寄代理律师的委托书。一连串动作,被网友戏称为展开了“绝地大反攻”。

中国法律专家杨学林认为,王全璋的“反攻”有法律依据。

中国法律专家杨学林﹕“不论你是辩护甚么案子,律师的诉讼权利是要受到保证的。所以说,王全璋律师在履行辩护职责的过程当中被拘留,那么为甚么拘留?他是不是达到法定的扰乱法庭秩序的情节严重的程度,这些都是需要我们来讨论,来关注。”

王全璋宣布“反攻”,还让另外一个词“死磕”在微博上火了一把。

杨学林7号在自己的微博上写道﹕从李庄案、北海案、小河案等经典死磕案例来看,所谓死磕,恰恰是为了法治。目前,法治已经被蹂躏得如此可怜,别无选择,唯有死磕!

而网友们纷纷赞同“支持死磕”,“唯有死磕”。

纽约“中国民主大学”校长唐柏桥认为,王全璋和两位代理律师,以及网友普遍支持“死磕”,追求司法公正的态度,反映了中国目前普遍的状态。

纽约中国民主大学校长唐柏桥﹕“我觉得这个有一点全面的反映了整个中国目前这种状态。就是说,原来维权的力量,或者说反抗的力量处于一种绝对的劣势。但现在呢,这个形势慢慢的发生一些转变,尤其是网络力量。”

王全璋4月3 号在靖江法院为一名法轮功学员辩护时,被法官认为违反法庭纪律,下令将他“司法拘留10天”。他被提早释放后,曾对海外媒体表示,自己并没有作出任何扰乱法庭秩序的行为,靖江法院是在司法报复。而他在法院拘留期间,还受到了不公的对待,法警有意压他的手铐,以致他手部受伤。

不过王全璋并不是唯一一位由于代理法轮功学员的案件,而受到迫害的中国律师。他的“前辈”——北京维权律师高智晟,目前仍因此被关在监狱里。

北京维权律师高智晟妻子耿和﹕“高智晟的问题到现在也没有好转,里边还在迫害当中。我觉得新的领导人如果要在中国推行法制,高智晟这个案子必须要突破。”

高智晟家人最近一次被允许见他,是在今年的1月12号,之后高智晟又被否决了探视权利。但是高智晟的妻子耿和平静的言语中,同样也表现出了“死磕”的精神。

耿和﹕“我觉得唯有坚持吧,认为是正确的事,只有坚持。这是我们能支配的资源。然后也就是说,国外的媒体应该大力度的去关注。”

唐柏桥表示,法轮功团体被迫害的真相,是中国历史绕不开的问题。此时高智晟,王全璋律师的行为,让中国每个知识份子都扪心自问,在全国最大的民众团体受到迫害时,我都作了些甚么﹖

采访/刘惠 编辑/尚燕 后制/李月


Lawyer Wang Quanzhang’s Case; A Grand Fight Back From Desperation

Due to online support and protests from many lawyers,
human rights Lawyer Wang Quanzhang was released early.
He was detained by Jiangsu Jingjiang City Court
who abused their power.
Wangquan Zhang had asked two lawyers to apply for
reconsideration on his improper judicial detention.
Netizens said the case of lawyer Wang Quanzhang
started a second-phase counterattack.

On April 8th Chinese lawyer Yang Jinzhu published
an article on his blog and microblogging.
It confirmed that Wang Quanzhang applied for reconsideration.

He said he has got Lawyer Chen Guangwu’s consent to work
together representing Wang on the reconsideration case.

Wang Quanzhang was released early on April 6th. He wrote on
on his microblog on April 7th he applied for reconsideration.
He sent out the letter of power for attorney to
Taizhou City Intermediate Court on April 9th.
His series of actions were called “the Grand Fight back
from Desperation” by netizens.

Chinese legal expert Yang Xuelin thinks
Wang Quanzhang’s “fight-back” has legal basis.

Yang Xuelin: “No matter what kind of case a lawyer works on,
his/her right of action should be guaranteed.
Wang Quanzhang was detained when fulfilling defense duties.
Why was he detained?
Did he seriously disrupt the order of the court?
We need to discuss and pay attention to this.”

Wang Quanzhang’s announcement of “fight-back” also made
the term “Si Ke (Stick to the End)” popular on microblog.

Yang Xuelin wrote on the microblg: “From the
Lizhuang Case, Beihai Case, Xiahe Case and other Si Ke classic cases, the so-called Si Ke is for rule by law.
Currently law has been manipulated to such a state.
There is no other choice, but to Si Ke!”

Many Netizens Show Their Support To Si Ke.

Democracy Academy of China in New York
President Tang Baiqiao thinks Wang Quanzhang,
the two lawyers, netizens’ support to Si Ke, and
their attitude to pursue a fair legal system
reflects the overall state in China.

Tang Baiqiao: “I think it reflects the entire situation in China.

The power of defending rights or resistance,
once a shaky state is now slowly changing,
especially with the power of the Internet.”

On April 3rd, Wang Quangzhang was sentenced by
the judge of the Jingjiang Court to 10-day detention.
He apparently disturbed the order of the court
when defending a Falun Gong practitioner.
He told overseas media that he did not do anything
to disturb the court order.
The court tried to attack him and he experienced
unfair treatment during detention.
The court police injured his hands by deliberately
pressing the handcuffs on his hands.

However, Wang Quanzhang is not the only lawyer
who has represented Falun Gong practitioners.
Beijing Human Rights Lawyer Gao Zhisheng is still in prison.

Geng He, Gao Zhisheng’s wife: “The issue of Gao Zhisheng
has not got better. He is still being persecuted.
If the new leaders want to promote rule by law in China,
they must make a breakthrough in Gao Zhisheng’s case.”

The last time Gao Zhisheng’s family members were
allowed to meet him was on January 12th, 2013.
Since then Gao Zhizheng was denied the right to have visits.

There is also the spirit of “stick to it until death”
in Geng He’s peaceful statement.

Geng He: “The only way is to stick to what we think is right.
This is the resource that we can use.
We also need overseas media to pay lots of attention.”

Tang Baiqiao expressed, the persecution of Falun Gong is
an issue that cannot be avoided in the history of China.
Lawyer Gao Zhisheng and Wang Quanzhang’s actions
make all Chinese intellectuals ask themselves:
“What we have done when the largest group of people
in China is being persecuted”.

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