(Minghui.org) Defense attorney Wang Lei from Henan Province received a phone call on March 18, 2016 from Judge Jin Shu of the Qiqihar City Intermediate (Appeals) Court.
Jin claimed, “Given what occurred during the first trial of Ms. Yu Guimin, you are not allowed to defend her in the second one.”
When questioned, the judge said that her decision was based on Article 250 of the Criminal Procedure. Recalling that this procedure “imposes penalties on participants for disturbing the order of the court,” the lawyer asserted, “It's the district court judge who acted illegally in that matter.”
Ms. Yu Guimin and Ms. Yang Xiuhua were tried in the Fularji District Court on November 3, 2015. The two women are practitioners of Falun Gong, a spiritual discipline being persecuted by the Chinese communist regime.
Mr. Wang, Ms. Yu's defense attorney, demanded that the judge exclude any evidence obtained through torture.
Ms. Yu showed the deep scars on her wrists from being handcuffed. She asked the presiding judge Liu Qinghua to view her other injuries that occurred during the interrogation. Liu denied the request.
When Wang mentioned that the court violated the Criminal Procedure Law by ignoring the issue of illegal evidence, Judge Liu retorted, “You are not allowed to mention Criminal Law.”
“That's against the Constitution,” Mr. Wang objected.
“You're not allowed to mention the Constitution,” the judge declared.
Wang protested, “Chairman Xi promotes 'governing the country according to law' and 'governing the country according to the Constitution.' Why am I not allowed to mention it?”
Judge Liu then ordered bailiffs to remove the lawyer from the courtroom.
Ms. Yu was sentenced to three years in prison for giving an Internet access card to a stranger that allows one to circumvent online censorship.
Judge Liu threatened that if she appealed the verdict, she would receive a heavier sentence.
Liu prepared a written application to dismiss the defense lawyer and asked his colleague Wang Longhuai to present it to Ms. Yu in the detention center. When Ms. Yu refused to sign the document, Liu again threatened her.
Attorney Wang arrived in Qiqihar City on February 28, 2016 to represent Ms. Yu. Two local police officers appeared at his hotel room at around 11:30 p.m. and took him to the Longhualu Police Station for interrogation.
Wang approached the intermediate court judge Jin Shu concerning Judge Liu's actions during the first trial. He also submitted two documents: one was Ms. Yu's statement of how she was tortured during interrogation, and the other was Ms. Yu's complaint against Judge Liu. Judge Jin requested the case pleadings from the lawyer, which he submitted.
However, half a month later, the intermediate court judge denied receiving the pleadings. During a phone call on March 18, 2016, she said, “Even if I received your case pleadings, you still can't represent Ms. Yu during the [appeals hearing].”
Wang later approached the Qiqihar City Procuratorate, Heilongjiang Provincial High Court, and the Provincial Procuratorate to file complaints against Judge Liu of the Fularji District Court for legal violations.