Thursday, February 5, 2015

【禁闻】范木根案 庭外抓人庭内刁难律师


2月4号至6号,苏州户范木根被控〝故意伤害罪〞一案,在苏州中级法院开庭审理。开庭前,已有数百名各地的公民前往当地声援,苏州当局如临大敌,4号凌晨,数百名在中院周围层层戒备,抓人、打人、实行交通管制,利用各种手段阻拦声援民众。同时,法庭对范木根的辩护和亲友也百般刁难。5号,当局的力度更是进一步加大升级。


范木根案发生于2013年底,他因抵抗暴力过程中,刺死两名拆迁 人员,被控〝故意伤害罪〞。由于此案涉及拆迁人员持械伤人,范木根则一直坚持自己是正当防卫,引起各地拆迁户的高度关注。


4号一大早,苏州中级法院方圆一公里以内已开始交通管制,机动车、非机动车及行人禁止进入,来自中国 各地的4、500名公民前往现场声缓,遭到数百警力以各种手段和暴力方式阻拦。


早上7点多,湖南公民胡海波和湖北维权 人士尹旭安、网友周周等人,到了法院附近餐馆吃早餐,发现被盯上,饭后他们从后门溜了出来,但再也无法靠近法院。


湖北维权人士尹旭安:〝今天的警察可能就是数不清楚了,对比有好几百警察,实行交通管制,这边车经过,本来有个车站叫友新新村,它这个车站都不停,到了地铁口,全部实行了交通管制。〞


尹旭安说,由于苏州中院被特警、武警、防暴警层层戒备,他们只能在距离法院一站路的地铁口守候,他感叹,这哪里是开庭啊,分明就是在反恐!


湖南公民胡海波:〝我们在地铁站门口,看见旁边大概100多公民、围在那里,现场有几百个警察,大概有3、400个,现场有一些访民在那举牌,要求,每一次举牌的时候,马上就冲出来一帮人,就把人抬走了。〞


在现场围观的网友周周说,由于各地公民源源不断的赶往现场,下午,警察把封锁线扩到了红绿灯路口,除了警察,还有便衣,国保到处围堵前来声援的公民,当局还安排了两个暴力拆迁死者家属到现场哭诉叫喊。


网友周周:〝然后那些访民,那些本地的那些被强拆的人,跟他们对喊,期间,我们有的人在拍照,有的在喊,然后,有黑社会份子出来恐吓我们,因为他们有警察的保护,所以当地人也不敢跟他对着干。〞


围观的民众高喊:杀的好,杀土匪无罪,杀土匪无罪??


周周说,后来范木根的家属跟那些强拆人员的家属发生了冲突,警察把范木根的妻子和两个儿子全部抓走了。在现场声援的公民刘裕福、溪学开、贾娟、张竹桥、何茂珍,陈燕燕等人也都被带走了。


除了庭外抓人,法庭上,范木根案的辩护律师 也受到刁难。王宇律师在微信中说,上午范木根案开庭,旁听席中没有一位被告人的亲友,庭审过程中,辩护人在发言时,旁听席中有人公开侮辱辩护人,但审判长居然置若罔闻。


中午休庭后,他们才了解到,法院已经授意公安,把辩方证人和亲友全部抓到了法院附近的沧浪派出所,他们前去要人,派出所民警说是法院抓的人,只是借他们派出所关押人。


1月底,中国各地维权人士已被警告,不许前往苏州声援范木根。2月2号,范木根指控6名暴力强拆人员〝寻釁滋事罪〞案开庭,5名在现场声援的维权人士被抓捕拘留,3号,多名维权人士为寻找他们,遭到十多人群殴,苏州公民顾义民被抓捕。


2月4号,范木根案被控〝故意伤害罪〞案,在苏州中院开审。4号下午,庭审程序进行到法庭询问阶段,5号上午9:30继续开庭。王宇律师表示,范木根是在自己和家人受到暴力伤害下,作出反击,属于正当防卫。


采访编辑/李韵 后制/钟元


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Fan Mugen case experiencing persecution in and outside court


From Feb. 4 to 6, Suzhou resident and relocation case, Fan Mugen, was charged with "intentional assault". The case opens in Suzhou Intermediate People's Court with a hearing. Before the trial, hundreds of citizens across China gathered together in Suzhou to support him. Suzhou local authorities are treating this like a strong enemy invasion. In the morning of Feb. 4, hundreds of police guarding the court intending blocking people who came to support, the authorities paid no attention to how they blocked, be it arrest, beatings or traffic enforcement. At the same time, the court deliberately placed obstacles upon the defence lawyers of Fan Mugen and his relatives.


Fan Mugen’s case took place at the end of 2013 when he stabbed two demolition officers for resisting violent demolition, he was then accused of "intentional assault". Because the case involves armed assault conducted by the demolition personnel, Fan Mugen has always insisted that he was justifiable in using self-defence means, which adds great concern over relocation cases across China.


In the early morning of Feb. 4, traffic control enforcement had been implemented within a radius of one kilometre central to Suzhou Intermediate People's Court. Motor vehicles, non-motorised vehicles and pedestrians were all banned from entering. 4,500 citizens from all over China came to support Fan Mugen, but found themselves to be blocked by hundreds of police using various violent means.


At 7:00 am, Hunan citizen Mr Hu Haibo, Hubei human rights activist Yin XuAn and netizen Zhouzhou, arrived at a nearby restaurant close to the Court for breakfast, but found themselves traced by state security staff. After the meal, they managed to slip out from the back door of the restaurant, but they are no longer allowed near the court.


Hubei activist Yin XuAn: "Today there are numerous police officers, I estimate hundreds of policemen, implementing traffic control. There is a subway station called Youxin New Village close to the Court, but the train stops docked at this station as full implementation of traffic control is in force."


Yin Xuan said, the Suzhou Intermediate People's Court was guarded by the special police, armed police and riot police in great numbers, and they merely wait at the gate of the next subway station of Youxin New Village Station nearby the Court. He laments that this is literally against terrorism acts rather than opening up the court!


Hunan citizen Hu Haibo: "We are at the entrance of a subway station, and see more than 100 citizens and petitioners next to us. There are hundreds of police, about three or four thousand. At one point some petitioners raise placards asking for the rule of law, every time they raised their placards, immediately a group of police rushed over and carried the petitioners away."


Netizen Zhouzhou was an onlooker at the scene, and he said, because a steady stream of citizens across China arrived at the scene, throughout the afternoon, police extended the cordoned off line to the traffic light junctions. In addition to the police, plainclothes and state security staff all are blocking the supportive citizens everywhere. The authorities also arranged for the families of the two deceased, to be at the scene crying and screaming for justice.


Netizen Zhouzhou: "Those petitioners and local people whose homes were forcibly demolished, shouted and replied back to them. During the whole period, some of us managed to take photos and some others were shouting. Suddenly, some gangsters from the black society rushed out intimidating us. Because they are protected by the police, the locals dare not to work against them."


People surrounding the scene shouted: killing is good, it is innocent for killing bandits, innocent for killing bandits


Zhouzhou said, later Fan Mugen's family clashed with the families of the two deceased demolition officers. Then the police caught Fan Mugen's wife and two sons. The supporting citizens including Liu Yufu, Xi Xuekai, Jia Juan, Zhang Zhuqiao, He Maozhen and Chen Yanyan were all taken away.


In addition to arresting people outside the Court, on the side of the court defence lawyers for Fan Mugen's case, deliberate difficulties were also experienced. Lawyer Wang Yu said in his Wechat, when Fan Mugen's case went to hearing in the morning, no friends or relatives were present. During the trial, when the defence lawyer gave his speech, someone in the gallery affronted the defender, but the presiding judge actually ignored them.


After the noon recess, they learned that the court had instructed the police to take all defence witnesses and relatives to Changlang Police Station nearby the Court. Then they went there expecting the release of those people. But the police at the Station said that the court had arrested them, and that they were merely borrowing their police station to detain people.


By the end of January, activists across China have been warned not to go to Suzhou for supporting Fan Mugen. On Feb. 2, Fan Mugen's case of accusing six violent demolition officers and his crime of "disturbing the order and creating troubles" opened. Five activists supporting Fan Mugen at the scene were all arrested. On Feb. 3, a few activists looking for them, were beaten by a dozen or so people. Suzhou citizen Gu Yimin was arrested.


On Feb. 4, the trial for Fan Mugen's case was held at the Intermediate Court of Suzhou, he was charged with intentional assault. In the afternoon of Feb. 4, the trial process has been arranged at the stage of inquiry and question. In the morning of Feb. 5 (9:30am), the trial and hearing adjourned. Lawyer Wang Yu said, Fan Mugen was to plead not guilty to the charges and sought his own defence, one of un-justifiable attack to his friends and family. The case continues.


Interview & Edit/LiYun Post-Production/ZhongYuan


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