The Communist Regime's Courts Abuse the Law and Prevent Lawyers from Pleading Not Guilty
(Minghui.org) On the surface, every trial case that has to do with the persecution of Falun Gong practitioners by the Chinese Communist Party (CCP) seems to be “according to law,” but actually they were under the legal guise of the so-called “indictment” and “court hearing.” In truth, every link in the process abuses the law, and every so-called “material witness” is fabricated jointly by the public security police and the prosecutor. The CCP often concocts a farce by manipulating things behind the scenes, such as kidnapping, assaulting lawyers, threatening and persecuting the families for hiring lawyers, and creating layers of obstacles to hamper the lawyer's work. For the lawyers who manage to break through the resistance and go to court, the courts prohibit them from pleading not guilty for the defendants.
Not allowing them to plead not guilty is absurd and outrageous. The authorities' restriction on lawyers as to how to defend the accused in itself is a blasphemy of the law. Once the defense counsel yields to the pressure of pleading guilty, it will confuse people and will make them mistakenly think that the CCP's persecution of Falun Gong is following the law. Therefore, in order to deceive the world and maintain the persecution, the Chinese authorities prevent the lawyers from pleading not guilty, and it becomes a cover up for the Chinese Communist court.
On June 25, 2009, the District Court in Dandong City, Liaoning Province, opened a court session to try Falun Gong practitioners Zhang Shujie, Zhang Shuxia, and Zhao Guangshun. On the eve of the hearing, the vice president of the court told the defense lawyer rudely that he could only plead guilty for the defendants. The lawyer asked him, “Do you have the relevant legal documents? If you do, please provide it.” The vice president said: “No, there is none. It is the wish of the higher authorities.” He then told the lawyer that if he didn't follow the instructions, his arguments during the trial would be interrupted.
A lawyer defending a client is in accordance with the law and whether a defendant is guilty or not should be judged according to the law. But the court ignored the law and tried to force the lawyer to argue only in accordance with the “wish of the authorities.” The authorities are of course the agencies of the CCP. The Chinese people know that all the arrests, imprisonments, and guilty verdicts of Falun Gong practitioners are following the wishes of the CCP.
The vice president's inability to produce any relevant legal document could only mean that “the wish of the authorities” was deviated from the law. When lawyers defend Falun Gong practitioners, it will inevitably touch upon the fundamental issue of its persecution of Falun Gong practitioners being illegal and criminal. Also, a lawyer who is undaunted by the power and influence may expose the cruelty of the persecution and show the world its lawlessness. It can be seen that the court actively prohibiting the lawyer from pleading not guilty is to hide from the world the illegitimacy of the persecution under the disguise of the law and to cover up its crime. That is why when a lawyer pleaded not guilty for the accused, the judges' behavior became so apprehensive despite his own image.
On July 27, 2009, the Fangzheng County Court in Heilongjiang Province opened a court session to try Dafa practitioner Ma Chuncheng. During the trial, the lawyer pointed out that the imposed charges against Falun Gong and Falun Gong practitioners were not tenable according to the Constitution and the law. The presiding judge Wu Shaowei interrupted the lawyer unduly during his delivery numerous times. When he saw that his interventions failed, Wu Shaowei adjourned for ten minutes and called out the lawyer. He told the lawyer that the case was set by the higher authorities and that he would not allow a not guilty plea. During the re-hearing, the lawyer still elaborated in accordance with the law, and Wu Shaowei again interrupted the lawyer. He said: “Some facts of the crime can be said in the court, but the situation involving the country's law is not what you can take on.” When the lawyer was unmoved by his statement, Wu Shaowei rudely interrupted the lawyer and said: “If you go on like this, I'll call the bailiff to expel you from the court.” Finally, under the pressure of the court, the lawyer did not complete the full defense.
A judge had unseated two lawyers in another court case. On April 27, 2009, Sichuan Luzhou Intermediate People's Court opened a second trial for Falun Gong practitioner Yang Ming. Lawyer Tang Jitian from Beijing and lawyer Liu pleaded not guilty for the defendant. Tang Jitian challenged the presiding judge, “Please provide the legal document that states that Falun Gong is a cult (there is no such document, of course).” Lawyer Liu also pointed out that practicing Falun Gong benefits people both physically and mentally.
As the defense was unfolding, the truth was about to reveal the innocence of Falun Gong practitioners, and judge Li Xudong got very angry at the lawyers. When the lawyers started to talk, he would strike the gavel and say: “You are still advertising for Falun Gong.” When the lawyers produced legal basis, he did not allow them, and again prevented the lawyers from speaking. The two defense lawyers could not speak in defense of the defendant, and they left the court room angrily in protest. The prosecutor immediately motioned to uphold the original conviction.
Falun Gong practitioners practice Truthfulness-Compassion-Forbearance. They not only do not violate any law, but only help elevate social conduct with their personal integrity. The freedom of belief is a recognized right of the civilized world. China under the ruling of the CCP, is the only country in the world impervious to reason in slandering Truthfulness-Compassion-Forbearance and carrying out its frenzied persecution of Falun Gong.
In order to cover up their crime, the bureau of justice pressures various law firms to not allow their lawyers to take on the cases of Falun Gong. But there are still many lawyers of conscience who withstand the pressure in order to defend Falun Gong practitioners. Every defense reveals the truth about the persecution. But contrary to their wishes, the CCP continues to put on farces and shamelessly abuse the law.