滕彪文集
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滕彪文集
·Announcing the Inaugural China Human Rights Lawyers’ Day
·关于举办首届“中国人权律师节”活动的通告
·Why the West treats China with kid gloves
·首届中国人权律师节征集漫画、海报、短视频
·“访民困境与出路”研讨会
·美国CECC中国人权听证会:中共必须被公开羞辱
·Key Moments from CECC hearing “Gagging the Lawyers”
·Gagging the Lawyers: China’s Crackdown on Human Rights Lawyers and It
·多个人权组织及欧盟呼吁取消对刘晓波的限制/VOA
·709律师节与中国人权现况
·中国人权律师节启动 在笑与泪中纪念“709”两周年
·Chinese human rights lawyers remain defiant despite crackdown
·滕彪/夏业良漫谈法律与维权进程
· 萬人簽署08憲章,為什麼唯獨重判劉曉波
·709抓捕兩週年 律師籲持續國際施壓
·挽劉曉波聯
·The Political Meaning of the Crime of “Subverting State Power”
·滕彪/夏业良:公共知识分子和自由主义
·中国民主前路研讨会/RFA
·中国流亡律师滕彪,要做黑暗中的闪电
·Selected Publications/presentations as of 2017/8
·The Costs and Risks of Fighting for Human Dignity and Freedom
·China faces split into seven parts
· A Call for Investigation Into HNA Group’s Activities in the US and L
·王全璋律师竞逐郁金香人权奖:无畏强权 勇气与付出
·〝维稳〞维到联合国?人权观察批中共
·City of Asylum -Interview
·对中共的绥靖政策已致恶果浮现
·China’s top human rights lawyer in exile to speak at Saint Michael’s
·Activist expats raise voices on China rights crackdown
·A Human Rights Lawyer Lifts the Communist Party’s Spell
·Returning to Revolution
·One-man rule? China's Xi Jinping consolidates grip on power
·劉曉波對維權律師的關注
·滕彪:中国自由民权运动与习近平时代
·Kidnap, torture, exile: Dr. Teng Biao shares his story
·維權、佔中與公民抗命
·Arrested, Assaulted and Tortured: Exiled Human Rights Lawyer Details P
·滕彪律师评论郭文贵事件的意义
·Coercive Family Planning in Linyi
·Chinese lawyers hailed as “heroes for justice”
·THE PEOPLE’S REPUBLIC OF THE DISAPPEARED
·《失踪人民共和国》
·EXEMPLARY FIGURES REPORTED BY GARIWO
·在劫难逃
·李明哲案 滕彪:陸意圖影響台灣政治籌碼
·人权律师解密北京的"水晶之夜"
·李明哲案:臺灣退無可退
·作为人类精神事件的刘晓波之死
·北京驱逐"低端"人口的制度根源
·Atrocity in the Name of the Law
·学者解析中共执政密码
·暴行,以法律的名义
·人道中国十周年纪录短片
·“中华维权律师协会”评出十佳维权律师
·中国妇权成立十周年纪念
·武统狂言背后的恐懼
·以法律名義被消失,中華失踪人民共和國
·川普公布首批人权恶棍 滕彪:震慑中共
·「蚂蚁金服」在美并购遭拒 中国官媒指不排除反制措施
·CCP is taking China towards more and more Owellian state
·中国公民社会前景:乐观还是堪忧?
·中共渗透遭美欧澳等国谴责 专家析世界格局
·Laogai, le goulag chinois
·不反思計劃生育 中國就沒有未來
·中国:溃败与希望
·Conversation on China’s human right
·Draconic Restrictions on Uyghur Cultural And Religious Freedoms
·寧添十座墳,不添一個人
· the only way seems to become more dictatorial and oppressiv
·不管藍營綠營,面對的都是「集中營
·惠台政策还是经济统战?
·专访:用李明哲案件恐吓整个台湾
·習近平進一步向毛澤
·中共專制政權威脅全世界
·新戊戌变法的变与不变
·【Documentary】China: Spies, Lies and Blackmail
·No escape: The fearful life of China's exiled dissidents
·中国异议人士逃抵西方仍难脱离中共监控威胁
·The State of Human Rights Lawyers in China
·权益组织:电视认罪—一场中国官方导演的大戏
·温良学者 正义卫士(一)
·Has Xi Jinping Changed China? Not Really
·訪滕彪律師談中共政權對於全世界民主自由人權發展的負面影響
·中共绑架中国
·美国务院发布人权报告 点名批评中国等八国
·滕彪,温良学者 正义卫士(二)——发出不同的声音
·鸿茅药酒:中共制度之毒
·on televised confessions
·滕彪,温良学者 正义卫士(三)——挑战恶法 虽败犹荣
·温良学者 正义卫士(四)——铁骨也柔情
·温良学者 正义卫士(五)——黑暗中的闪电
·美两党议员推法案 要求调查中共渗透/NTD
·Video【Teng Biao: From 1989 to 1984】
·第二届藏港台圆桌会 中国律师表态支持自决权
·自由民主與自決權:第二屆藏港台圓桌會議
·Exiled in the U.S., a Lawyer Warns of ‘China’s Long Arm’
·端传媒滕彪专访:一个曾经的依法维权者,怎么看今日中国?
·VOA:川金会上 人权问题真的被忽略了吗?
·“中国的长臂”:滕彪审视西方机构对华自我审查
·中国长臂迫使西方机构公司自我审查/RFA
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Tales of an unjust justice

   
   by Teng Biao Published 18 October, 2012
   
   http://www.newstatesman.com/world-affairs/world-affairs/2012/10/tales-unjust-justice
   


   New Statesman
   
   
   If it is true that you won’t understand Chinese society through Xinwen Lianbo (Chinese state television’s daily news programme), you should not build a picture of China’s legal system from its laws, either. In many cases, legal clauses have not been properly implemented. What is the state of China’s judiciary? After you have dealt with it at first hand a few times, you will know.
   
   Cai Zhuohua is the pastor of a Christian house church. He and his family were sentenced for printing the Bible and distributing it to other Christians. In 2005, I defended him, along with other lawyers, including Gao Zhisheng. When the trial began, although we did everything we could, Cai’s mother was not allowed to enter the court as a spectator. During the trial, the judge bluntly interrupted the defendant and his lawyers dozens of times. In another case, Wang Bo, a Falun Gong student, and her parents were sentenced to four and five years in prison respectively in 2006, just because they were Falun Gong believers and they had published the truth about their torture on the internet. In our statement of defence, we challenged the entire legal basis of suppressing Falun Gong. After the trial, four enraged court workers lifted me up by my arms and legs, carried me across the high steps and threw me out of the court building. In such cases, the judges have no influence on the judgement, but they are willing to put their names on to the verdict. Evil can only be made real by the acts of individuals. The book Hitler’s Justice: the Courts of the Third Reich describes many cases of Nazi judges “legally” taking evil actions. There are many similar cases in current Chinese judicial practice.
   
   Most judges face a moral dilemma: if they give a judgment according to the wishes of their superiors, they are going against their own legal training and the rule of law. If they give a judgment based on the law and their conscience, then it will affect their promotion opportunities. They may even lose their job or encounter other troubles.
   
   In 2010 I established an NGO, China Against the Death Penalty, specialising in unjust death penalty cases. For example, in the “Gan Jinhua intentional homicide case”, I raised 22 serious doubts about the prosecution evidence. The judge took no notice and sentenced Gan Jinhua to death when important witnesses had not been allowed to testify in court. Surprisingly, the Supreme Court judges also approved the death penalty despite all that. In another death penalty case, four farmers in Leping, Jiangxi Province, were sentenced to death for “murder and rape”. After 11 years in prison, in late 2011, an arrested suspect confessed that he had committed the murder and rape. However, until today, the judicial authorities still refuse to rectify the case. In fact, according to our investigation, the four innocent farmers suffered extremely brutal torture. They were beaten up while hanging, deprived of sleep for a prolonged period of time, burned with a lighter and hit with bricks. They were interrogated by torture and forced to make a “confession” of guilt. The judge sentenced the four men to death, but apart from the oral confession there was no other evidence.
   
   The original motive of the police was that “fatal cases must be solved”. Under this pressure, they wanted to find a scapegoat and get credited and promoted for their service. Judges often yield to or curry favour with Public Security Bureau directors. In the party’s political and legal commission system, directors of the Public Security Bureau can give orders to lead judges. Within the court, lead judges can give orders to all judges. This system is the reason for a large number of unjust verdicts in China.
   
   After the verdict in the Gu Kailai case was announced in August, many people started comparing it with the case of Xia Junfeng, who I also represented. Gu Kailai was given a suspended death sentence for premeditated murder, but Xia Junfeng was sentenced to death for killing in self-defence. What is the reason for this? It is because Gu Kailai is the wife of an eminent official, and Xia Junfeng is a street vendor who was forced to defend himself from a violent urban management officer. This is China’s judiciary – in the case of small civil disputes, justice will still be justice, but as soon as local officials or the government become an issue, then it becomes merely a political game masked by justice.
   
   Thought control
   
   As I have been involved in many human rights cases, my lawyer’s licence has been revoked. China’s lawyers’ associations are almost completely controlled by the government. I have, like many other lawyers, tried to promote democratic elections in the Beijing Lawyers Association, to no avail. Many taking part in pushing for elections suffered reprisals and were stripped of the chance to practise law one by one.
   
   I have been hooded and kidnapped on two occasions. The kidnappers were special police in charge of thought control. They took me to a secret location and started to interrogate me, often involving torture. They would say, “Don’t talk to me about the law!” A Chinese foreign ministry spokesperson,
    Jiang Yu, said: “The law is not a shield.” Her words were widely circulated. Clearly, in China, citizens are unable to rely on the law to protect their legal interests.
   
   There are 200,000 lawyers in China. Few are prepared to stand in sensitive cases and fight actively for human rights. Citizens, however, are becoming braver, including journalists, writers, students and internet users. They have stood up to fight for citizens’ rights in their fields and they are pushing for progress in the rule of law in China.
   
   As the regime is unable to solve the problem of political legitimacy, the crisis in society has intensified. The people demand democracy and their cries for human rights are increasing. I believe that the day China will put the rule of law into practice is not far off, and our efforts are meaningful.
   
   Teng Biao is a lecturer at the China University of Political Science and Law. He is the director of China Against the Death Penalty and a human rights lawyer. At present he is a visiting scholar at the Chinese University of Hong Kong.
(2014/03/22 发表)
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