(Minghui.org) Ms. Lin Meifang's lawyer never got a chance to defend her constitutional right to practice Falun Gong, as the judge in charge of her case repeatedly declined to process the lawyer's application to represent her.
The judge lied to Ms. Lin, saying that her lawyer's license had expired and was thus disqualified to defend her client. He tried to pressure Ms. Lin to use a court-appointed lawyer, but she refused.
Upon learning of Ms. Lin's secret trial, her lawyer went to the local court to file a civil lawsuit against the judge for defamation and deprivation of her right to defend her client. The judge then threatened the lawyer with a 15-day detention.
While being held in custody in the courthouse, the lawyer sent out messages to her social media friends, who soon flooded the court with phone calls condemning her illegal detention. The court relented and released her later that day.
The lawyer returned two days later to lodge her lawsuit complaint. This time the court accepted her paperwork and issued her a confirmation of receipt.
Ms. Lin Tried Without Legal Representation; Complaint Unanswered
Ms. Lin was arrested in April of this year for practicing Falun Gong. Her lawyer tried numerous times to have Gulou District Court Judge Zhuo Jianwei issue an approval to legally represent Ms. Lin.
Without notifying the family or the lawyer, Judge Zhuo tried Ms. Lin on October 29. During the trial, he told Ms. Lin that her lawyer had failed to renew her law license and could not represent her. Ms. Lin turned down the judge's request to use a different lawyer, and the trial went ahead with no defense lawyer.
On November 2, the lawyer visited Ms. Lin at the detention center upon hearing about the secret trial. Ms. Lin asked the lawyer to file a complaint on her behalf against Judge Zhou for denying her right to legal counsel. The lawyer wrote to the head of the Procurator's Office and the head of District Court of Gulou the next day. Two weeks have passed without an official response.
Lawyer Detained for Suing Judge for Defamation
On the morning of November 17, the lawyer, who has a license in good standing, filed a defamation lawsuit at the Gulou District against Judge Zhou. At first, court staff refused to accepted the filing, contending that Zhou was performing his job. But the lawyer argued, “How can slandering a lawyer be part of his job? Besides, regulations require the court to accept all filings.”
Left with no choice, the lawyer attempted to resolve the situation with the Director of the Gulou District Court, who removed the attorney from his office and placed her in a temporary detention cell at the courthouse.
The lawyer was told to write a repentance statement, or else she would be sent to a detention center. By the afternoon, the court had issued a judicial detention warrant for her.
Lawyer Files Lawsuit
While detained, the lawyer sent text messages using her phone, explaining her situation with the provincial Department of Justice and her WeChat [a Chinese social media] circles. Her situation immediately got support from many people, especially other lawyers.
Staff at the courthouse received waves of phone calls and condemnation. Court officials revoked her judicial detention and released her at around 8 p.m.
On November 19, the lawyer again went to Gulou District Court. This time she was successful in submitting her lawsuit against Judge Zhou.
At the time of this report, it is not clear if the lawyer has received any response from the court.
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