Issues for Practitioners Hiring Attorneys in China
(Clearwisdom.net) Many Dafa practitioners persecuted in China have gone through a so-called
"Public Prosecution" trial in the courts. Because most practitioners
were not familiar with Chinese laws or that only the attorneys were allowed to
review all the documents, practitioners had to pay enormous fees to defense
attorneys. The Chinese Ministry of Justice has informed all attorneys that they
should not present any innocent pleas for Falun Gong practitioners, despite
Falun Gong practitioners' requests. Because attorneys in China are regulated by the Justice Ministry or local
justice departments, they will not violate orders from the Justice Ministry.
However, many attorneys still want to make money, so most of them are willing to
accept defense requests of Dafa practitioners' families and some of them even
swear, "I have 100% confidence we will win this case." However, to
please the Justice Ministry and protect themselves, many attorneys often entered
a guilty plea for Dafa practitioners in court, without notifying the
practitioners in advance. Some attorneys, in good conscience, dared to
half-heartedly defend not-guilty pleas for practitioners. Because many
practitioners did not know this situation, attorneys often took practitioners'
money, but facilitated guilty verdicts for the justice departments. So, if this
situation occurs, the defendant should immediately state that they reject their
attorneys' defense and dismiss the power of attorney from the attorneys. There were some good attorneys who really dared to support justice for
practitioners. However, it is very difficult for an ordinary person to really
defend a Dafa practitioner under the pressure of losing his career. I know the
inner workings of the justice departments and therefore write this article to
remind practitioners who are trying to overturn their illegal sentences and
illegal forced-labor and to clarify the truth. We should pay an attorney to
research the law and investigate the evidence, including a review of the court
documents, analysis of other cases and then tell us the important issues
involved. We should pay them their normal fee. However, we should not ask the
attorneys to represent us in court. Instead, we practitioners should represent
ourselves or allow close friends or family members who understand the law to
speak for us. From a Fa perspective, Dafa practitioners' righteous words and
righteous actions in the courts can eliminate the evils. What we are focused on
is the process, not the final result of the trial. In these cases, all the judgments have been determined behind closed doors
before the court appearance. They always decide the sentence and opinions ahead
of time, then report to the middle court. The middle court then reports to the
"610 Office" of the city. If approved, the decision will come back to
the lower court. The court appearance is just to deceive the public. What kind
of legislative power is held by the notorious communist party organization,
"610 Office"? In cases related to Falun Gong practitioners, the courts
are just the obedient servants. I hope practitioners will inform their families
of these realities and not pin their hopes on the court or on a successful
defense from the attorneys. November 2, 2003
Posting date: 11/13/2003 |