The judge threatened the lawyer, "You are not Chinese. You must be a Falun Gong practitioner assigned by USA." "If you say a more word, the police and the State Security will be waiting for you outside."
Lawyers Threatened and
Deprived of Right to Defend Falun Gong Practitioner
On January 12, 2010, Falun Gong practitioner Ms. Gong Shuhui had a second so-called trial by the Intermediate Court of Panzhihua, Sichuan Province. The hearing was set in the Court of Miyi County. When two lawyers, Li Jinglin and Li Subin from Beijing, were ready to defend the innocence of Ms. Gong Shuhui, Mr. Li Subin's rights as a defense lawyer was suddenly denied by the Court. The judge threatened him, "If you say a more word, the police and the State Security will be waiting for you outside."
Outside the Court
On January 12, 2010, before the court convened, police officers Yang Zihua,
Li Xuesong, Zhou Lin and Xu Xing from the Domestic Security Team, and others
from the local police station and the village CCP branch 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
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.
No Seats for Ms. Gong Shunhui's Family Members
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.
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.
Lawyer Li Subin Deprived of the Right to Defend Ms. Gong
According to current law in China, the defendants have the right to defend themselves, and may also ask family members to retain one or several 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 the Chinese law, and as such, this does not need the approval of the court."
A judge responded, "You have to listen to us as long as you are in this court."
The lawyer debated, "No matter who you are, a citizen, a lawyer, or a judge, all must obey the law."
The judge threatened, "If you don't follow our arrangement, that means you force a defense. We will leave right way and 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 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,
Captain Yang Zihua, Deputy Li Xuesong and Officer Zhou Lin from the Domestic
Security Team of Miyi County Police Department illegally invaded Ms. Gong
Shunhui's home. Mr. Li Jinglin also stated, "The accusation that Ms. Gong
Shunhui undermined the implementation of law using a religious organization
is 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."
Defense Lawyer Publicly Threatened by Judges
During the trial, Lawyer Li Jinglin stated that there was no guilt in
belief, the Constitution was supreme, and there was 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 USA."
The judge even wanted to investigate his identity and then continued his
threats, "If you say a more word, the police and the State Security will be
waiting for you outside."
The lawyer pointed out that there were 300 provisions in the law requiring
that "organizing" and "using" occur at the same time. He then stated that
Chinese administration of justice was above the law, and the ones who
executed the law were also the ones who broke the law. He also noted that
the prosecutor was a deputy procurator, which did 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."