The Chinese Communist Party’s Guangdong Maoming Central Court ignored the lawyers’ complaints about torture to extract confessions and other illegal issues and decided to unlawfully hand down a sentence on April 23. Lawyer Bao Longjun condemns the Maoming court for bending the law. (Internet photo)
The leaking of information about Xi Jinping’s daughter led to the heavy sentencing of 24 young people. Niu Tengyu, who was falsely accused of being the “main culprit,” was sentenced to 14 years. The Communist Party’s Guangdong Maoming Central Court ignored the lawyers’ complaints about torture to extract confessions and other illegal issues, and decided to illegally hand down the sentence at 10:30 a.m. on April 23. Lawyer Bao Longjun condemned the Maoming court for bending the law and called for outside attention.
The court bent the law and passed the sentence in the second trial.
On the 20th, he received a phone call from Chen Ye (assistant to the judge of the second trial, Zhang Shuming) of the Maoming Central Court, saying that the verdict would be delivered at 10:30 a.m. On the afternoon of the 21st, Chen Ye called to tell him that the verdict would be delivered at the first trial court of the Maonan District Court.
Bao Longjun said: “We asked Zhang Shuming to recuse himself, asked for a thorough investigation into the torture, to exclude illegal evidence, in the absence of a response to these cases sentencing, is trying to bend the law to the end?”
“I am telling Zhang Shuming and Jin Jun (president of the Maoming Central Court) that your crimes will be recorded and put on the list of human rights evildoers.”
The Epoch Times reporter called Zhang Shuming’s office phone number and the Central Inspection Group’s steering group in Maoming, but no one answered.
A man surnamed Yang answered the phone at the Maoming Procuratorate, saying that he had no knowledge of the charges filed by Bao Longjun and that he would have to reflect them to his superiors, who would arrange for a response. The man surnamed Yang was the staff member who accepted their complaint materials on the 19th.
The case is illegal in many ways
Bao Longjun emphasized that there were many violations of the law in the case.
First, Niu Tengyu’s hospital records were not cross-examined in the first trial, but they were in the case file, and there was no cross-examination of this evidence, so how could it be denied that Tengyu had not been subjected to torture to extract a confession.
Second, the defense and Niu Teng Yu filed a complaint about torture to force a confession, requesting the exclusion of illegal evidence, and learned that Zhang Shuming in the first trial, participated in the trial committee to discuss the case, then Zhang Shuming as a member of the trial, he participated in one procedure, whether he can participate in the next procedure? This is all clearly stipulated in the law, in the procedure is illegal; in fact, in the first trial found that the facts are unclear, the second trial should be fully open to hear, what is your reason for not holding a trial?
Third, does the Maonan District Court of Maoming City have jurisdiction over this case? Is the composition of the collegiate court of Maonan District legal? These are the key issues in this case, and after we raised them, they should be heard in open court before pronouncing judgment.
Fourth, the file is not complete, the second trial lawyer and the court to ask all the files, the court said they got these, then in the case of incomplete files, the second trial judge also written trial, you are how to hear it? Are you hearing the case comprehensively? The verdict was issued? This is a complete bypassing of the law and a total disregard for the law.
No response to complaints and charges
Bao Longjun said that he had been to the Maoming Central Court twice before, Zhang Shuming refused to meet, the Central Court has been to take no contact, ignore the attitude. The lawyers also found the discipline inspection and supervision department, Zhang Shuming complaints, and mailed a part of the complaint complaint information.
On the 19th, the lawyers also reflected the following problems to the supervision and investigation department of the Maoming Central Court.
First, for several of our applications, such as: all read the file, meet with the application, the application for open court session in accordance with the law, the request for the recusal of the presiding judge Zhang Shuming, the court to give a legal response.
Second, for Zhang Shuming to implement the reporting charges; demanded that the investigation of torture, if there is an act of torture, illegal evidence should be excluded, the relevant investigators suspected of crimes will be transferred to the judicial organs; reminded the court to follow our views, the president and the trial committee decided Zhang Shuming to recuse himself, because he does not perform recusal himself.
On the same day, Bao Longjun, Wang Yu, Ren Quanniu lawyers also went together to the Maoming Procuratorate, submitted the accusatory materials on the case of Niu Tengyu, the application for the exclusion of illegal evidence and the discipline inspection department for the torture of confessions in accordance with the application, the staff accepted the materials and said, “Nothing more, we will investigate.”
Wang Yu then went to the local people’s congress, the other side said the real power is too small to manage this matter, but provided a message, the central and guangdong province in the judicial rectification, the central government specifically sent an inspection team in maoming, can go there to reflect the problem. The lawyers also mailed the relevant accusation materials to the inspection team, and then pursued the issue later.
And in the absence of any reply to the above complaint, on April 20, the Central Court notified the direct sentencing.
Lawyer condemnation
Bao Longjun said, “When the court has degenerated into a thugs and minions, people can only hope for fairness and justice. I and Qin Chenshou lawyer’s application, people ignore. Despite the fact that the first trial is unclear, the second trial still refused to open the trial, and even the defense is not even wanted. According to the court of second instance itself, they are also not even a full case file. Sixty-nine CD-ROMs, four mobile hard drives, and more than twenty investigation volumes they have not seen, and they even want to pronounce the sentence.”
“Who provides an umbrella for those who extort confessions under torture, and those who extort confessions under torture are worse than animals.” “There is no response to the charges! Bandits in power, the so-called rule of law is deception!”
In a tweet, lawyer Ren Quanniu pointed out, “Using the name of ‘People’s Court’ to undermine the implementation of the law? This is a criminal act!” “The law is a murder weapon in the hands of thieves, it is not used to protect goodness!”
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