Deyang Intermediate Court Judge Ignorant of the Law--Update on Zhou Yubao's Appeal
(Minghui.org) Mr. Zhou Yubao from Shifang City, Sichuan Province was sentenced to three years in prison by the Shifang Court in December 2012. He has appealed to the Deyang Intermediate Court. Recently, his family went to the court to meet Xu Bin, the judge in charge. They told him Mr. Zhou was interrogated under torture and requested the court to handle the case according to law. However, Xu Bin was evasive and said he could make the decision based on the archives of the first hearing. He did not only show he was ignorant of the law, but also directly disclosed the fact that the Chinese Communist Party (CCP) court actually plays the role of the executor of persecution.
Second Criminal Court Judge Neglects His Duty to Uphold the Law
On January 23, 2013, Mr. Zhou Yubao's family went to the Deyang Intermediate Court at the appointed time and met Xu Bin, a judge of the Second Criminal Court. They reported that the public security personnel in Shifang knew the law but violated it to persecute Mr. Zhou Yubao. Mr. Zhou's family also asked the Deyang Intermediate Court to investigate the case and handle it according to the law. Xu Bin said the judge had very little power in the case; the “Collegiate bench” had the final say; everything would be reported to the authorities; he could not have much effect.
Mr. Zhou's family asked Xu Bin to handle the case from the perspective of justice, not violating the law. Xu Bin changed the subject before Mr. Zhou's family member finished his words.
Appellants Given the Typical CCP Court Run-Around
Mr. Zhou's family asked the court to investigate Shifang public security personnel's crime of interrogating Mr. Zhou using torture. Xu Bin asked Mr. Zhou to present evidence. After his family presented the evidence, Xu changed the subject again and talked about judicial procedures. After circling around, Mr. Zhou's family asked him again to investigate the crime of forcing a confession with torture. Xu Bin said: “No matter who you tell there was confession by torture, you will see whether he believes it or not. You can submit your request. However, you have to find an attorney to go through the procedure.” Mr. Zhou's family said they could hire an attorney. But Xu Bin said: “No attorney you hire can be involved in this case.”
Xu Bin said the court would make a “neutral” decision. Mr. Zhou's family said the court should know the truth before playing a neutral role. Xu Bin said: “We just make the decision based on the case files.” Mr. Zhou's family said that Criminal Procedure Law regulated the court of second instance should not learn the case situation based only on the case files. They also pointed out the Shifang Court deliberately avoided the subject of “confession by torture” in the case files. Xu Bin shifted his responsibility and said that “confession by torture” could be only investigated by procuratorial organs.
First Hearing Judge Makes Statement Ignorant of the Law
Mr. Zhou Yubao is a retired worker in Shifang City, Sichuan Province. He was arrested by the Shifang 610 Office and the Shifang Domestic Security Division while he was sitting in the shade in a park on May 15, 2012. The police interrogated him using torture many times. The warden of the detention center was afraid of bearing responsibility and had a CT scan conducted on Mr. Zhou Yubao.
Afterwards, the CCP personnel manipulated the police department, the procuratorates and the court to thwart the attorney's involvement in the case and threaten Mr. Zhou's family.
On December 6, 2012, the Shifang Court illegally held a session against Mr. Zhou Yubao. Mr. Zhou Yubao disclosed in the court that he was interrogated by torture. The attorney also presented the CT report showing Mr. Zhou's head injuries and asked the prosector to disclose the videotape of the interrogation. The court refused his request. Judge Tang Xinhe also made some argument ignorant of the law: “China is dictated by the Chinese Communist Party (CCP). It is the CCP's world. Whoever goes outside to promote Falun Gong, would offend against the law.” Mr. Zhou was sentenced to three years in prison.
It was said that the Shifang Court submitted Mr. Zhou Yubao's so-called case files to Luo Weimin, Presiding Judge of the Second Criminal Court of Deyang Court. On January 23, 2013, after talking to Xu Bin, Mr. Zhou's family went to On-duty Presiding Judge Office of Lawsuit Service Center and met Luo Weimin, who was on duty that day. Mr. Zhou's family asked Luo Weimin to handle the case according to the law. Luo Weimin made excuses, saying Xu Bin who was in charge of the case had just told him what was going on.
Judges of the Second Criminal Court of Deyang Court neglected their investigation responsibility, covered up for those who broke the law and intended to make the decision only based on the case files of the first instance. It disclosed the CCP's judicial system's true role as executors of persecution.
Covering up crimes also breaks the law. Those black hands in the background cannot shirk responsibility for their crimes although their names are not disclosed. Those whose names have been disclosed hope to shift the responsibility to those who are anonymous. The net of justice is vast. It may not close in tight right away, but nothing will evade it forever. It is a principle of heaven that those who carry out persecution suffer karmic retribution. Whether in the foreground or the background, those who break the law will receive retribution.
Relevant personnel of Deyang Court:
Luo Weimin, Presiding Judge of the Second Criminal Court: +86-13881088563 (Cell)
Xu Bin, Judge in charge: +86-13990203907 (Cell)
“Retired Worker Mr. Zhou Yubao Arrested and Facing Trial” http://en.minghui.org/html/articles/2012/10/4/135710.html
“Chief Judge of Criminal Tribunal Obstructs Lawyer from Representing Falun Gong Client” http://en.minghui.org/html/articles/2012/10/11/135820.html