(Minghui.org) A judge in Qiqihar, Heilongjiang Province, refused to allow a lawyer to defend their clients after he repeatedly protested the admission of evidence obtained through torture.
Although a judge cannot keep a lawyer from defending his/her client according to Chinese law, such a practice are commonplace in cases involving Falun Gong practitioners.
Ms. Yu Guimin and Ms. Yang Xiuhua were arrested in May for telling people about the persecution of Falun Gong, and they were both tortured by detention center guards. Ms. Yu once had her hands cuffed behind her back for two straight days and her feet shackled for two weeks. Ms. Yang was beaten for refusing to wear an inmate uniform in the detention center. Her face swelled up, and her jaw was dislocated.
During the trial on November 3, judge Liu Qinghua of the Fulaerji District Court ignored the defense's request to reconsider evidence presented by the prosecution and eventually ordered the removal of one of the lawyers.
Judge Sidesteps Evidence of Torture
As she entered the courtroom, Ms. Yu showed those present the deep scars on her wrists from being handcuffed. Her lawyers, who already knew about her being tortured, asked that her injuries be examined in court.
The judge denied the request. The judge also refused the lawyers' request to question Ms. Yu regarding her injuries and how the police had interrogated her.
Instead, the judge instructed the lawyers to collect evidence of police torture and submit it to the Procuratorate at a later time.
Mr. Wang Lei, one of the defense lawyers, repeatedly asked the judge to exclude any evidence obtained through torture. Each time, the judge stopped him from speaking.
Lawyer Escorted Out of Courtroom
Mr. Wang continued his defense, saying, “The court is violating Criminal Law by ignoring the issue of illegal evidence.”
“You are not allowed to mention Criminal Law,” retorted the judge.
“That is against the Constitution,” Mr. Wang objected.
“You are not allowed to mention the Constitution,” the judge declared.
Mr. Wang protested, stating that he was simply exercising his legal right to defend his clients.
In presenting his defense argument, he said, “Freedom of religion is a basic human right guaranteed by the Universal Declaration of Human Rights.”
That prompted the judge to yell at Mr. Wang, “I am taking you off this case as of now!” He then ordered the bailiff to escort Mr. Wang out of the courtroom.
The trial continued with defense lawyer Ms. Liu taking over. She argued that there is no law that criminalizes Falun Gong.
Both practitioners made statements at the end of trial asserting their innocence. The trial ended without a verdict.
Related article:Two Qiqihar Practitioners Arrested for Merely Talking About Falun Gong
