中国禁闻: 【禁闻】外交部失踪官员遭冤判告当局违法

Sunday, April 28, 2013

【禁闻】外交部失踪官员遭冤判告当局违法

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【新唐人2013年04月29日讯】有网友发帖说：北京外交部职员陈由邦无故失踪。不过，外交部否认有陈由邦这个职员存在。日前，本台记者收到陈由邦控告当局的诉状，他表示，他被绑架、非法关押、判刑，最近他委托律师控告绑架和迫害他的警察、法官与检察官。同时对他被冤判三年的案子提起上诉。下面一起去看看。

失踪近半年的外交部档案馆三等秘书陈由邦，去年11月10号遭北京市公安局绑架，并遭冤判三年，目前被非法关押在朝阳区看守所。

北京〝悟天律师事务所〞律师程海表示，陈由邦提出控诉，控告北京市公安局、和朝阳区检察院、以及朝阳区法院等42人〝徇私枉法罪〞。

作为陈由邦的辩护律师，程海指出，当局绑架和关押陈由邦的理由是：散发法轮功书刊。但程海表示，中国的法律，从来没有规定：信仰法轮功、散发法轮功宣传品是违法行为。

外交部档案馆三等秘书陈由邦辩护律师程海：〝这些小册子即使是他散发的也不构成犯罪，我们刑法第三条规定，法律必须有明确规定的才能追究刑事责任，没有明确规定的就不得追究刑事责任。我们国家的法律包括司法解释，甚至政策，都没有明确规定法轮功是邪教，公安部和国务院有十四个邪教的名单，没有法轮功，也没有明确规定法轮功宣传品散发属于一种犯罪。〞

陈由邦在控告状中写道：按照中国法律，我是无罪的，却被北京市的公、检、法人员数十人徇私枉法追究刑事责任，人身自由受到严重侵害，请求有关单位履行法定职责，维护控告人合法权益，维护法律尊严，依法追究北京市公安局徐勇、叶有忠，朝阳区检察院张欣，朝阳区法院李晓和陪审员李欣等42人徇私枉法罪，要求追究他们的责任。

程海：〝我们国家法律还有一条规定，明知别人无罪的司法工作人员，还追究刑事责任的，要构成一个徇私枉法罪，所以我认为，这些办案的警官是明知别人无罪，不是陈由邦犯罪，而是办案的人员犯罪，他们是故意的在犯罪。〞

程海告诉《新唐人》，陈由邦因高血压住进公安医院后，医院的公安把他的手脚捆起来一个多月，在一审时，法院也没有通知律师开庭时间。

程海还指出，在审理冤判法轮功的案件中，每一个案件的审理过程都存在严重违法行为，当局甚至为了阻止律师维护法轮功学员的合法权益，公、检、法同样侵犯律师的合法权益。

据了解，4月12号，大连中山区法院准备对十三名法轮功学员开庭审理，北京律师梁小军、王全璋、程海和郭海跃四名律师前往大连中院，为其中部分法轮功学员辩护。

当天，他们看到法院周围设置路障，封锁道路。路边停着警车、消防车和巨型的大巴车，还遍布警察与便衣。警察生拉硬拽妇女或白发苍苍的老太太上大巴车。律师也遭到警察非法审讯、盘查、殴打，并被非法拘禁两小时，其中程海律师被打伤。

程海：〝我和韩志广还有另外一个家属的辩护人被拦住了，架到一个大巴上，抢我的手机，我们没给他，然后对我进行殴打，有20分钟吧，有6个警察，把我的脸打肿，眼角也打紫了，嘴唇也打烂了，裤子也撕裂了，包也撕坏了，袖口也撕坏了，这样把我的手机抢去以后，收起手机以后还打。〞

那天还抓走了四、五十位来参加旁听的民众。

程海说，这次行动是大连市公安局组织。他们被殴打的原因，可能是大连的部分警察痛恨律师为被告人做无罪辩护，以及他代理控告大连126名警察办理本案〝涉嫌徇私枉法罪〞。

程海已经对大连公安提起行政诉讼。并表示，这是一次严重侵犯律师和辩护人诉讼权益；严重践踏律师法、刑诉法和警察法的法治事件。

（采访编辑/刘惠后制/李智远）

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Missing official of the Ministry of Foreign Affairs Files Lawsuit against Authority for Illegal and Wrongful Sentence

Previously, an Internet post stated, “Chen Youbang, staff member of the Ministry of Foreign Affairs in Beijing, has been missing.” The Chinese Ministry of Foreign Affairs has denied such an employee existed. Recently, New Tang Dynasty TV received a complaint against the authority by Chen Youbang. He indicated that had been kidnapped, illegally detained, and sentenced. He has requested his lawyer to file a lawsuit against the police, judge and prosecutors for kidnapping and persecution. He also appealed against the three year sentence he received. The following is our report.

Chen Youbang, a third level secretary of the Archives Department of the Ministry of Foreign Affairs has been missing for nearly half a year. He was kidnapped on November 10 last year by the Beijing Municipal Public Security Bureau. He is now illegally detained in the Chaoyang District Detention Center. He has been wrongfully sentenced to three years imprisonment.

His lawyer, Cheng Hai, indicated that Chen Youbang has filed a complaint and sued a total of 42 people involved in this illegal detention and sentence, including the Beijing Public Security Bureau, Chaoyang District Prosecutor’s Office, and the Chaoyang District Court. This action is for what he has called a “crime of favoritism”.

Being Chen Youbang’s defense attorney, Cheng Hai explained that Chen Youbang was being kidnapped and imprisoned for distributing materials of Falun Gong. Cheng Hai said that Chinese law has never stated that belief in Falun Gong, or distributing Falun Gong materials is illegal.

The defense attorney Cheng Hai: “Even if he indeed was Distributing a Falun Gong booklet, it does not constitute a crime. In the provisions of Article III of the Criminal Code, the law must have been expressly broken for one to be held criminally responsible. None of our laws or policies or even judicial interpretation has clearly defined Falun Gong as a cult. In the Ministry of Public Security and the State Department list, Falun Gong has never been clearly defined as a cult. Falun Gong propaganda materials distribution has never been clearly ruled illegal.”

In the indictment, Chen Youbang wrote: According to the laws of China, I am not guilty. But I was held criminally responsible by more than several dozen people from Beijing authority of inspection and law enforcement. They have violated the laws for their personal interests and seriously compromised my freedom. I ask the authorities to abide by their official duties to protect my legitimate rights and interests, maintain the dignity of the law, and to prosecute the 42 people involved in this crime and hold them responsible. They are Xu Yong and Ye Youzhong from the Beijing Municipal Public Security Bureau, Zhang Xin of Chaoyang District People’s Procuratorate, Li Xiao from Chaoyang District Court and jurors Li Xin and others.

Cheng Hai: “Our law has regulated that judicial staff who hold someone criminally responsible knowing that the person is not guilty will be guilty of a criminal offence. I believe those police officers who handled the case knew that Chen Youbang was innocent, but they nevertheless held him criminally responsible. They are the ones who committed a crime intentionally.”

Cheng Hai told NTD TV, Chen Youbang was admitted to the Police Hospital due to high blood pressure. But the police had tied up his hands and feet for more than a month. In the first instance, the court did not notify the attorney of the court time.

Cheng Hai also pointed out that in each hearing involving Falun Gong cases there are serious violations in the trial. In order to prevent attorneys from safeguarding the legitimate rights and interests of Falun Gong practitioners, the authorities in inspection and law have themselves violated attorneys’ legitimate rights and interests.

On April 12, Zhongshan District court of Dalian already had a trial of thirteen Falun Gong practitioners. Four Beijing lawyers, Liang Xiaojun, Wang Quanzhang, Cheng Hai and Guo Hayue, all went to Dalian Intermediate People’s Court on behalf of some of Falun Gong practitioners.

That day, roadblocks were set up around the court. The road was packed with police cars, fire engines, buses, police and plainclothes officers. Many women or white-haired old ladies were dragged onto the bus by the police. The attorneys also met with illegal interrogation and beating by the police, and even illegal detention for two hours. Attorney Cheng Hai was injured in that incident.

Cheng Hai: “Along with another attorney, I was carried onto a bus. They tried to grab my cell phone, and I refused to let go of it. They beat me for about 20 minutes. There were six of them. My face was swollen, my eyes were bruised. They broke my lips, tore my pants, backpack, sleeves, they finally managed to snatch my phone from me. After they took my phone, the beating did not stop.”

Around fifty people who had attended the hearing were also detained.

Cheng Hai believed that Dalian Municipal Public Security Bureau was in charge. The reason for the beating was believed to be due to the attorneys’ plea of not guilty for the defendants, and because he was also handling a lawsuit for “ suspected crime of favoritism”, involving as many as 126 Dalian police officers.

Cheng Hai has filed legal proceedings against Dalian Public Security. He has indicated that the rights and interests of attorneys in the proceedings were seriously violated. This is a lawsuit about egregious violations of the Law on Lawyers, the Criminal Procedure Law and the Police Act.

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