【禁聞】「黑審」黎慶洪案 法庭違法驅逐律師

【新唐人2012年1月14日訊】貴州政協委員黎慶洪所謂「涉黑案」案情越滾越大。案件被省高法院以「事實不清」為由發回重審後，被告由原來17人劇增到57人，黎慶洪罪名也由之前的6個大幅增加到十幾個。參加辯護的律師多人被事先「談話」，法庭上多名律師遭到訓誡甚至驅逐。全國人大代表遲夙生律師也被「驅逐」，致使她當庭暈倒被搶救，可謂慘烈。律師指出，這一涉黑案件就是要「黑審」，暗箱操作。

據《東方早報》報導，貴州黎慶洪涉嫌黑社會犯罪案，在1月10號庭審的1小時之內，先後有3名律師被「驅逐」出法庭，有9名律師遭到數十次法官的訓誡﹔12號開庭時，全國人大代表遲夙生律師也被「驅逐」，致使當庭暈倒。

遲夙生律師：「我是第三號被告的第一位辯護人，我只好舉起了手，我繼續說，按著關於刑事案件非法證據排除的規則，我們只能按程序審。他馬上說『法庭對你訓誡一次，本廳就這麼決定了。』我當時說，『你這麼做是違法的』，『我警告你一次！』當時我也比較激動，我就聽到從審判席上大吼了一聲把『遲夙生開除法庭』。」

遲夙生律師向《新唐人》介紹了當時法庭的情景。她說，記不起甚麼時候昏厥了，醒來的時候發現自己在醫院被搶救！

她還指出，這個案子不按法律程序的事情太多，疑點也太多。

如，法庭剝奪了56個被告的非法證據排除程序，直接進入實體審訊。還有，必須迴避的檢察官沒有迴避，而且律師多人被法院事先找去談話，想暗箱操作。

遲夙生：「找談話的人，那天點名讓我去，我去了。他說：不要難為審判長。審判長還可以跟我說叫你一聲大姐，這不是我說了算的，而是上面。」

但遲夙生律師勸他守住法律的底線，或迴避這個案件，或辭職回到律師隊伍中來，不應該服從上面。

遲夙生律師表示，被告家中所有財產被當作黑社會的財產沒收了，所以律師都是自費來的。被告本身是全國排名前幾位的賽車手，是人大代表，也是給國家交了很多稅的企業家。

遲夙生律師：「當時周喆律師找我們，可能他也要就像李莊那樣構陷，並且被抓起來。後來我們認真研究了這個案件的卷宗之後，覺得周喆的說法是正確的。所以我們覺得確實應該捍衛法律，不但捍衛法律，也捍衛這麼多年來人民辛辛苦苦建立起來的經濟成果。」

北京律師唐吉田認為，這個案件本身並不複雜，只是在現有的複雜體制之下，當地的權力部門要把這個案子辦下去，做了很多手腳，甚至有一些公然違法的舉動，尤其是阻撓依法行使辯護權的律師。唐吉田指出，一些敏感案件，涉及到人權、信仰群體的案件，相關的職能機構都會對律師以各種方式「打招呼」甚至威脅，像北海、重慶等案件都是這樣的。

唐吉田2：「遲律師她還是全國的人大代表，那麼這樣一個身份的人，在審理過程中，她的人身權利、辯護權利都得不到有效的尊重，可想而知這個案子不是開庭了，變成一個惡作劇了。」

遲夙生律師表示，現在左手還沒有感覺，雖然差一點獻出生命，但她會堅持信仰。

「我會繼續吶喊，我不會因為這件事而放棄。因為這個法律制定是一回事，實施是一回事。我們一定用鮮血和生命捍衛法律的實施。一定使我們的國家進入法制的軌道，不是表面上的只有一些漂亮的法律制定在那裏，一定要他們實施。」

遲夙生為黑龍江省齊齊哈爾市夙生律師事務所主任，也是第九屆、十屆、十一屆全國人大代表。

新唐人記者 朱善智 宋風 周平 採訪報導

Lawyers Illegal Court Eviction in Li Qinghong 'Black Trial'.

The "triad-related case" of Li Qinghong, a member of the

National Committee in Guizhou, is snowballing.

The case was remanded by the Provincial Senior Court with

an excuse of “unclear facts”.

The defendants sharply increased from 17 to 57, and criminal

charges on Li Qinghong also increased from 6 to 12.

Many defense lawyers of Li's case was “asked to have a

word”, and many lawyers were even evicted from the court.

The evicted lawyers included Chi Susheng, the representative

of national conferences of China.

In a sensational turn of events, Chi even collapsed

unconscious in the court.

The lawyers of Li's case said that this “triad-related case”

is a “black trial”, and is operated within a “black box”.

According to "Oriental Morning Newspaper", Li Qinghong

from Guizhou Province was accused of a “triad-related case”.

In the one hour trial on January 10th, 3 defense lawyers of Li's

were evicted from the court.

Nine lawyers were also given a warning by the judge.

On Jan 12 of the trial, Lawyer Chi Susheng, representative of

National Conferences of China was evicted too.

This caused her to collapse unconscious in the court.

Lawyer Chi Susheng: “I am the defense lawyer of the

No.3 defendant. I had to raise my hand.

I continued saying that “according to the exclusion rule of

illegal evidences regarding criminal cases,

we have to perform the trial according to the procedure.

The judge immediately said 『I already warned you once!

And I already made the decision.' I said that what you are

doing now is illegal, I am warning you too.

I was very excited at the time, and then I heard a scream from

the judgment seat, 'expel Chi Susheng from the court!'”

Lawyer Chi Susheng described what happened in the court.

She said, she cannot remember when she fell unconscious.

But when she woke up she found herself in hospital

being rescued.

She also pointed out that there are too many points regarding

this case performed against the legal procedure.

There are too many susceptible points.

Taking an example, the court deprived 56 defendants of their

rights, regarding the exclusion process of illegal evidence.

It put them directly into the trial. In addition,

the prosecutors who shouldn't show up in court showed up.

A lot of lawyers were “talked” by the court ahead of time.

The court tried to operate the case in “black box”.

Chi Susheng: “The person who “asked to have a word,”

also asked me over, and I went there.

He said, don't make things difficult for the presiding judge.

The presiding judge even asked me to call you 'sister'.

This is not something I can decide.

It's actually from some higher authority.”

However, Chi Susheng hold her moral bottom line as a

lawyer, and she didn't walk away from this case.

She believes that she shouldn't follow the order from the

“the higher authority”.

Lawyer Chi Susheng said, all the property of the defendant

was confiscated as “property of a triad”. The lawyers work for this case at their own expense.

The defendant was even a highly ranked racing car driving,

as well as the representative of National Conference of China.

He was also an entrepreneur who turned in a lot of tax

to the government.

Chi Susheng: “Lawyer Zhou Zhe came to us. It's possible that the defendant could be arrested

with fake accusations, just like Li Zhuang.

After we studied the case files carefully, we thought that

Lawyer Zhou Zhe is correct. We decided that we should defend the law.

Not only defend the law, but also defend the economic

achievements that people built up with a lot of efforts.

Lawyer Tang Jitian from Beijing thinks that the case itself

is not complicated at all.

In the current political system, the local government did

a lot of illegal things.

They even obstructed the lawyers from defending

the defendants.

Tang pointed out highlighted a key point about some sensitive

cases regarding human rights and beliefs.

The relevant government departments always "speak with,"

or even threaten lawyers not to get involved.

These cases include examples like Beihai and Chongqing.

Tang Jitian: “Lawyer Chi is even the representative

of National Conferences, a recognized person.

However, in the trial, her right as a human and as a lawyer

was not respected. It's not a trial but a drama.”

Lawyer Chi said that her left hand still cannot feel anything.

Even if she almost lost her life this time,

she is going to persist with her belief.

Lawyer Chi:"I will continue making my voice heard,

and I will not give up just like that.

Making law is one thing, and implementing law

is another thing.

We must use our blood and life to make sure the law is

implemented.

We need to make sure our country gets on the right track for

a real legal system.

It's useless if we only made some 'beautiful' laws without

implementing them. We have to implement them."

Chi Susheng is the Director of Harbin Susheng Law Firm

in Hei Long Jiang Province.

She is also the representative No.9 to 11 National

Conference of China.

NTD reports Zhu Zhishan, Song Feng and Zhou Ping