(Minghui.org) Xu Bin, a judge for the Deyang Intermedia Court, delayed an appeal and blocked an attorney from representing Falun Gong practitioner Ms. Jian Yicong. After the attorney filed a formal lawsuit against the judge on January 15, 2013, judge Xu Bin allowed the attorney to review the case documents. However, he still gave vague answers regarding a trial. Jian Yicong's family strongly requested a public hearing.
Without informing Jian Yicong's family, in November 2012, the Jingyang District Court of Deyang secretly sentenced Ms. Jian to three years in prison. Ms. Jian's family asked an attorney to submit an appeal. Judge Xu Bin, however, prevented the attorney from filing the appeal and reviewing the case documents by not taking calls, not scheduling a meeting, and using various other elusory means. Ms. Jian's attorney and family members ran into Xu Bin on January 15, 2013. Forced to face them, he stated, “This case will not come before the court. It has been taken of in an internal collegial meeting.”
According to the Second Clause of the 223th Article in Criminal Procedure Law, implemented January 1, 2013, there is still an option for the case to be presented. It states that the Court of Second Instance may hear comments from the party concerned, his defense attorney, and his litigant representative, if the court decides not to have a court session. It was clear that Xu Bin violated the law and deprived Jian Yicong of her defense rights. Ms. Jian's attorney immediately filed a complaint against Xu Bin to the Deyang Procuratorate. On January 21, 2013, the Deyang Procuratorate called the attorney and said that the written response had been mailed to the law firm.
Xu Bin called Ms. Jian Yicong's husband on the morning of January 22, 2013, and said that the attorney could review the case documents. He also said that court would be held on the following Monday. When Ms. Jian's daughter called Xu Bin to confirm, he changed his story, claiming that the court session might be cancelled. After offering additional excuses he complained that Jian Yicong did not tell them that she hired an attorney. He continuously shifted responsibility.
The truth is, that when the family learned that Xu Bin would be the judge in charge, they tried several times to arrange a meeting to learn the relevant defense procedures. However, Xu Bin did not take their calls or set up a meeting. The case was delayed again and again. By January 14, 2013, the attorney had broken though layers of obstacles, and managed to meet with Ms. Jian Yicong, who had been detained for five months. She signed a document entrusting the attorney with her defense. Before then, the 610 Office, the Domestic Security Division, and the detention center had not allowed her family to visit her at all. This made it difficult to keep her informed of what was happening, which is another common tactic used by the 610 Office.
Whether an attorney is hired or not shouldn't be a deciding factor in whether a trial is held. Xu Bin made random excuses to deceive Ms. Jian's family. The first trial was secretive. The court imposed charges with insufficient evidence and illegally made a decision. The second trial could follow the same pattern. What does the Xu Bin group fear?
Ms. Jian's family wasn't impressed by Xu Bin's concession, under pressure of the law, which forced him to allow the attorney to represent his client. Ms. Jian, who is innocent of any illegal activity and simply practices Truthfulness-Compassion-Forbearance, was illegally sentenced. She must have her rights defended in public. Her family and friends' aim is to have a public hearing and force Xu Bin to disclose the illegal interference in due process of law.
Ms. Jian Yicong's family went to the Deyang Court to request a public hearing on the morning of January 23, 2013.
We ask for people to please pay attention to this case and offer your support to end this persecution of innocent people.
Related article:
"Practitioner Jian Yicong from Deyang Area, Sichuan Province Develops Incontinence as a Result of Being Tortured" http://en.minghui.org/html/articles/2011/9/21/128240.html
