【新唐人2012年8月31日讯】最近,2位北京律师到新疆“沙雅监狱”,要求会见被关押的维权律师高智晟,但狱方以高智晟是高级律师,不需再聘请律师作为理由拒绝。高智晟妻子耿和及亲人向本台记者表达了对高智晟处境的担忧;她们呼吁各界关注并伸出援手。有评论指出,狱方在给当局“保驾护航”迫害高智晟。
27号上午9点,北京维权律师黎雄兵和李苏滨,受高智晟大哥高智义委托,到新疆沙雅监狱申请会见高智晟,但被拒绝。
据报导,狱政科科长请示领导后回复,需要有高智晟本人的委托,高智义的委托书不符合要求;高智晟本人是高级律师,案件申诉不需要聘请其他律师代为申诉;以及,高律师不愿会见任何家属和律师。
旅美人权律师叶宁表示,美国的任何一个律师,只要当事人不拒绝,可以随时到监狱会见被关押者,律师在监狱里几乎不受任何阻碍;法律规定,刑事被告获得律师辩护的权力,不能打任何折扣。
人权律师叶宁:“本人是高级律师,申诉无需律师代劳。这个讲法是尤其荒谬;拿出这一条理由来当挡箭牌,实在是和国际文明法治的国家,接轨是谈不上,这个轨是有点南辕北辙呢!差的太大。”
对此,高智晟的妻子耿和说,今年3月,她的父亲与高家大哥去沙雅监狱时,准备给高智晟签名的律师委托书让狱警没收了。耿和还告诉《新唐人》,2006年8月15号,地方当局到北京住处搜家,当时就把高智晟的律师执照、身份证、银行帐卡全部搜走了。
高智晟妻子耿和:“不过我知道它一旦判你有罪,其实那个执照应该就算是吊销,就是不成文的这个规定。”
从高智晟要求中共当局停止迫害大陆法轮功学员,并三次上书中共领导人之后,他们一家人被迫害至今。耿和回忆,当年高智晟被关押期间,国保、公安就禁止她找律师,剥夺高智晟聘请律师的权力。
耿和:“他们不是一次,到我们家;跟我反来复去,就说不让我请律师。不答应,他们就不走,今天不行第二天再来。过段时间,他们就带来了一封信,高智晟的笔迹,说我不请律师。高智晟缓刑,回来以后就核实这件事儿。他就说,他们跟我讲了,你老婆跟孩子在我们手里控制着;你不写,就不给他们娘仨个生活费,然后还严刑拷打他。”
叶宁批评,这明明是给政府迫害民众“打马虎眼”、在给政府施暴人民“保驾护航”。
30号早上,住在陕西老家的高智晟大哥高智义向《新唐人》表示,监狱的作为,家属没有任何办法。
高智晟大哥高智义:“我们就连个话就都不能托(转达)。连个话都不能跟他说说。他们太缺德……。哪有结果?有什么结果?”
高智晟住在山东的大姊伤心的说,兄姐亲人一直不断给高智晟写信,至今不见回复﹔几个月以来致电“沙雅监狱”也没人接听。
高智晟大姊:“就说是我三弟不想见任何人这是不可能的事。我们心情肯定很沉重啊。那有什么办法,现在也不知道我弟弟身体、什么的,情况怎么样。唉,我们没有一天不牵挂我弟弟,作梦都梦见他,他什么消息都没有,我们能不担心吗?呜…”
而两位律师对新疆之行都表示不便多谈。
目前,“大赦国际”组织正在计划以马拉松的形式,给高智晟、沙雅监狱和乌鲁木齐市管理总局写信,让高智晟的案子处在合理的法律程序上;重要的是,恢复家人探视高智晟的权利。
耿和也呼吁各界人士伸出援手,一起营救高智晟出狱。
采访编辑/梁欣 后制/王明宇
Shaya Prison Refuses Lawyers Visit to Gao Zhisheng,
Seen as Concealment of CCP Persecution
Recently, two Beijing lawyers went to the Shaya Prison in
Xinjiang to meet with human rights lawyer Gao Zhisheng who is detained there.
However, the prison refused their request by claiming that
Gao’s case did not need any lawyer since he is
a senior lawyer himself.
Gao’s family members including his wife Geng He
consequently told NTD that
they were worried about Gao’s situation in prison
and called for help from outside.
There are remarks saying that, the prison officers are
hiding the authority’s persecution of Gao Zhisheng.
August 27th, 9am, authorized by Gao Zhisheng’s elder brother
Gao Zhiyi, Beijing human rights lawyers Li Xiongbing and
Li Subin went to Shaya prison in Xinjiang, requesting a meeting
with Gao Zhisheng. However, their request was denied.
It is reported that, the section chief of prison affairs
administration followed instructions from a higher-up, replying that
Gao Zhiyi’s letter of authorization did not meet
the requirement and it was necessary to get Gao Zhisheng’s authorization.
In addition, he said Gao Zhisheng’s case would not accept
appeals from any other lawyer since Gao was a senior lawyer himself.
He also claimed that Gao Zhisheng did not want to meet
any family member or lawyer.
Human rights lawyer Ye Ning remarked that,
any lawyer in the United States could meet his client in prison
at any time as long as the client did not deny the request himself.
The lawyer’s work in prison cannot be hindered in most cases.
The right to be represented by an attorney is protected
by the law and cannot be violated.
(Ye Ning): ”It is ridiculous to say a senior lawyer
cannot be represented by another lawyer.
Such an excuse shows how the CCP’s regime deviates from
a civilized one subject to the rule of law.
The gap between those two regimes is just so huge.”
Gao Zhisheng’s wife Genghe revealed that,
her father and Gao Zhisheng’s brother had brought a letter
of authorization for Gao Zhisheng to sign this March,
but the letter was confiscated by the guard.
She also told NTD that the local authority invaded
their home in Beijing on August 15th, 2006 and took away the lawyer’s in the past several months.
license of Gao Zhisheng, as well as his ID and bank cards.
(Geng He, Gao Zhisheng’s wife):”I know that the lawyer’s
license will become invalid once you are convicted of an offence.
This is an unwritten rule in China.”
Since Gao Zhisheng requested the CCP authority to stop the
persecution of Falun Gong practitioners,
and wrote three letters to the CCP leaders,
his family has been severely persecuted.
Geng He recalled that, the public security officers also
forbade her to contact lawyers when Gao Zhisheng was detained at that time.
(Geng He):”They came to our home many times attempting
to prevent me from hiring a lawyer.
I refused their request then they stayed at my home or
came back again the next day.
After some time, they brought a letter of Gao Zhisheng’s
asking me not to hire a lawyer.
When I later confirmed with him, he said he was told that
his wife and child would be tortured and deprived of living costs if he refused to write the letter.”
Ye Ning criticized that, such acts helped hide the truth and
had supported the CCP authority’s persecution of civilians.
On the morning of August 30th, Gao Zhisheng’s elder
brother Gao Zhiyi told NTD in Shaanxi that
as Gao Zhisheng’s family members,
they could do nothing about the situation.
(Gao Zhiyi, Gao Zhisheng’s brother): ”We are not even
able to deliver a message to him.
We cannot talk with him. Their acts are so immoral.
Our efforts just lead to nothing.”
Gao Zhisheng’s elder sister in Shandong sadly said that,
all his family members had continuously written to him
but they had received no reply at all.
In addition, nobody ever accepted their calls to
Shaya prison in the past several months.
(Gao Zhisheng’s elder sister): ”It’s impossible that my
younger brother didn’t want to meet anyone.
Of course we are gloomy but we can no nothing
about the situation.
We don’t even know how my brother’s health is.
We are missing and dreaming of him every day but there’s
no information about him. How can we not worry about him?”
The two Beijing lawyers earlier said that it was
not convenient to talk about their visit to Xinjiang.
Currently, Amnesty International was planning to write
letters to Gao Zhisheng, Shaya prison and local authority of Urumqi city.
By doing so they hope to make Gao Zhisheng’s case to be
handled under the rules of correct legal procedure,
and especially recover his family’s right
to visit Gao in prison.
Geng He also called on the public to help toward
the release of Gao Zhisheng from prison.