(Minghui.org) Two Jilin Falun Gong practitioners were arrested and indicted by the Chinese Communist Party authorities. When practitioners hired lawyers to defend them, the judges refused to accept their defense application.
Falun Gong practitioner Ms. Che Pingping, a physical education teacher from Jilin City, was arrested on October 18, 2013. That same day, Mr. Sun Changsheng, also from Jilin City, was taken away from his shop by the local police. They were both indicted.
Attorneys' Express Mail Bounced Back from Court with “No Such Person”
In late February 2014, Ms. Che's lawyer Zhao Yonglin and Mr. Sun's lawyer Fu Yonggang sent a defense application by express mail to Li Zhongcheng, the Chuanying District Court judge. The mail bounced back, saying, “No such person.”
The lawyers went to the court and delivered the applications in person on March 4, 2014. They also wanted to find out if the excuse of “no such person” was real or not.
Returned Express Mail
Judge Refuses to Accept Lawyers' Application
Chuanying District Court of Jilin
Changyi District Court of Jilin
The lawyers and the defendants' families went to the Chuanying District Court of Jilin at 8:30 a.m. on March 5, 2014. They had to go through a security checkpoint before they entered. One of Mr. Sun's family members was refused entry for not having an ID.
They then tried to call judge Li Zhongcheng, who refused to answer the phone. They later saw him on the second floor in the elevator. The defendants' family members told Li that their lawyers were present to submit a defense application. Li refused to see them and tried to push them away.
Ma Lijuan, a court clerk, called in several guards and attempted to drive the families out of the courthouse for causing a disruption. The families tried to explain the situation: “We are not trying to stir up any trouble here. We are here just to submit some documents.” The lawyers and families went to the petitions office to try to clarify the situation to the court officer. When they asked Ma Lijuan to help register the documents for them, she refused.
Li Zhongcheng, judge for the Chuanying District Court
Judge Li Zhongcheng had a trial that morning. The lawyers and family members waited for him outside of the courtroom. After the trial, they tried to talk to him. He said, “I don't have time to see anyone today.” Six guards attempted to expel the attorneys and the families again. They went downstairs to wait for Li when he came out for lunch. In the end, Li didn't come out, so they left.
The next day at 8:30 a.m. the lawyers and their clients' families went back to the courthouse. When the lawyers called Li, he said, “I am not going to take any documents from the hands of lawyers who come from out-of-town.” He continued to say that they could seek help from higher authorities if they wanted to and hung up.
Judge Li Zhongcheng acted improperly by refusing to accept the lawyers' defense application, because it is wrong to reject a lawyer based on where he came from. What Li Zhongcheng did was a serious abuse of power and dereliction of duty.
Lawyers Filed a Complaint Regarding Their Rights
After the lawyers and the families left the Chuanying District Court, they went directly to the Prosecution and Appeals Section of Jilin Procuratorate to submit a complaint against judge Li Zhongcheng for breaching the law.
They met with Chang Zhulian in the appeals office. Despite Chang's reluctance, the lawyers were very firm and reasonable. Chang promised to respond to the appeal in 10 days.
Lawyers Prevented from Appearing in Court to Defend Their Clients
At present, 12 practitioners facing sentences are still being held in the Jilin Detention Center. They are Zhu Yujun, Deng Xiaobo, Wang Zhenguang, Ma Chi, Meng Fanyi, Sun Chengsheng, Li Dequan, Li Dexiang, Che Pingping, Zhang Wei, Jin Guolan, and Jin Guoqin. Their families have hired 12 lawyers to defend them. Their cases had already been submitted to the court, and their lawyers are standing by in Jilin City, prepared to defend them. However, when the cases went through the judicial proceedings, the lawyers had to deal with a lot of interference and obstruction.
When Deng Xiaobo, Li Dequan, and Li Dexiang's cases were submitted to the Changyi District Procuratorate of Jilin City, they were immediately forwarded to Changyi District Court. As a result, the lawyers had to go to Changyi District Court to review the files. When they got there, judges Fu Wenzhong and Liu Guangbin refused to see them just because they were from out-of-town. At present, the lawyers still haven't had a chance to review the files.
When Zhu Yujun, Wang Zhengguang, Ma Chi, Meng Yifan, Sun Changsheng, and Che Pingping's files were submitted to the same Procuratorate, the lawyers reviewed the files on the case. However, when the files were sent to the Chuanying District Court, judge Li Zhongcheng returned them with the excuse, “No such person.” When the lawyer went to the court to see him, Li said “I have no time to see you,” and called the bailiffs to intimidate them.
Lawyer Zhao Yonglin's Blog:
“Chuanying District Court of Jilin rejected the lawyer's procedure. I have no idea what games they are trying to play. Let's take a guess: 1. The court appoints a 'tame' lawyer for the defendant to pretend that the defendant's right to a defense is met. 2. The court tries to prevent any lawyer from appearing before the court to give a false impression that the defendant didn't hire a lawyer.
“To submit a defense procedure, counsel Fu Yonggang and I wasted two days in Chuanying District Court. Judge Li Zhongcheng finally admitted on the phone that he couldn't (wouldn't?) accept any documents from lawyers from out-of-town, and asked that we speak to the higher authorities. So we went to the Prosecution and Appeal Section of Jilin Procuratorate. The receptionist, Chang Zhulian, told us that there are special circumstances in Jilin and that he has no right to comment on it.”
An Open Letter by Attorney Zhao Yonglin to Director of the Court Zhang Fuhong:
To Mr. Zhang Fuhong:
My name is Zhao Yonglin. I am an attorney with the Yueshou Law Firm of Shandong Province, and I represent Ms. Che Pingping, who is being tried in your court. When I took the case, I sent my defense application by express mail to your court along with a letter from my law firm. Both bounced back.
On March 5 and 6, 2014, I went with another lawyer to your court to submit the application in person to judge Li Zhongcheng, who refused to see us. Judge Li told us he had no right to take any defense applications from lawyers from out-of-town and asked us to speak to higher authorities.
As legal professionals, we know that the law is the the sole criteria. Your court expressly violated the Code of Criminal Procedure established under the People's Republic of China, challenged the judicial system, and unlawfully deprived and limited our right to practice our profession. This is a very serious judicial breach.
As director of the court, you have the responsibility to prevent and correct such abuse of power that undermines the implementation of our national law. If this obvious mistake is ignored and allowed to continue, it will seriously affect your image as a law enforcement officer. Society changes, and the rule of law is gaining ground. Society should pay more attention to its people who have legal needs. I hope you will adhere to the law, uphold justice, and be well!
Parties Involved in the Persecution:
Zhang Fuhong (张福洪), president of the Chuanying District Court of Jilin: +86-13904443318 (Cell) Li Zhongcheng (李忠诚), judge, Chuanying District Court: +86-432-62404965 Ma Lijuan (马丽娟), employee, Petition Office, Chuanying District Court Yu Yahong (于亚红), Chuanying District Court Chang Zhulian (常竹联), receptionist, Procuratorate of Jilin City: +86-432-64600107 Cheng Yue (程月), Chuanying Procuratorate of Chuanying District: +86-432-64827409
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