【新唐人2012年8月31日訊】最近,2位北京律師到新疆「沙雅監獄」,要求會見被關押的維權律師高智晟,但獄方以高智晟是高級律師,不需再聘請律師作為理由拒絕。高智晟妻子耿和及親人向本臺記者表達了對高智晟處境的擔憂;她們呼籲各界關注並伸出援手。有評論指出,獄方在給當局「保駕護航」迫害高智晟。
27號上午9點,北京維權律師黎雄兵和李蘇濱,受高智晟大哥高智義委託,到新疆沙雅監獄申請會見高智晟,但被拒絕。
據報導,獄政科科長請示領導後回覆,需要有高智晟本人的委託,高智義的委託書不符合要求;高智晟本人是高級律師,案件申訴不需要聘請其他律師代為申訴;以及,高律師不願會見任何家屬和律師。
旅美人權律師葉寧表示,美國的任何一個律師,只要當事人不拒絕,可以隨時到監獄會見被關押者,律師在監獄裏幾乎不受任何阻礙;法律規定,刑事被告獲得律師辯護的權力,不能打任何折扣。
人權律師葉寧:「本人是高級律師,申訴無需律師代勞。這個講法是尤其荒謬;拿出這一條理由來當擋箭牌,實在是和國際文明法治的國家,接軌是談不上,這個軌是有點南轅北轍呢!差的太大。」
對此,高智晟的妻子耿和說,今年3月,她的父親與高家大哥去沙雅監獄時,準備給高智晟簽名的律師委託書讓獄警沒收了。耿和還告訴《新唐人》,2006年8月15號,地方當局到北京住處搜家,當時就把高智晟的律師執照、身份證、銀行帳卡全部搜走了。
高智晟妻子耿和:「不過我知道它一旦判你有罪,其實那個執照應該就算是吊銷,就是不成文的這個規定。」
從高智晟要求中共當局停止迫害大陸法輪功學員,並三次上書中共領導人之後,他們一家人被迫害至今。耿和回憶,當年高智晟被關押期間,國保、公安就禁止她找律師,剝奪高智晟聘請律師的權力。
耿和:「他們不是一次,到我們家;跟我反來復去,就說不讓我請律師。不答應,他們就不走,今天不行第二天再來。過段時間,他們就帶來了一封信,高智晟的筆跡,說我不請律師。高智晟緩刑,回來以後就核實這件事兒。他就說,他們跟我講了,你老婆跟孩子在我們手裡控制著;你不寫,就不給他們娘仨個生活費,然後還嚴刑拷打他。」
葉寧批評,這明明是給政府迫害民眾「打馬虎眼」、在給政府施暴人民「保駕護航」。
30號早上,住在陝西老家的高智晟大哥高智義向《新唐人》表示,監獄的作為,家屬沒有任何辦法。
高智晟大哥高智義:「我們就連個話就都不能託(轉達)。連個話都不能跟他說說。他們太缺德……。哪有結果?有甚麼結果?」
高智晟住在山東的大姊傷心的說,兄姐親人一直不斷給高智晟寫信,至今不見回覆﹔幾個月以來致電「沙雅監獄」也沒人接聽。
高智晟大姊:「就說是我三弟不想見任何人這是不可能的事。我們心情肯定很沉重啊。那有甚麼辦法,現在也不知道我弟弟身體、甚麼的,情況怎麼樣。唉,我們沒有一天不牽掛我弟弟,作夢都夢見他,他甚麼消息都沒有,我們能不擔心嗎?嗚…」
而兩位律師對新疆之行都表示不便多談。
目前,「大赦國際」組織正在計劃以馬拉松的形式,給高智晟、沙雅監獄和烏魯木齊市管理總局寫信,讓高智晟的案子處在合理的法律程序上;重要的是,恢復家人探視高智晟的權利。
耿和也呼籲各界人士伸出援手,一起營救高智晟出獄。
採訪編輯/梁欣 後製/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.