Yang Jinzhu lawyers as "Tangmen case" legal aid obligations under strong pressure of Hunan Provincial Department of justice and the bar association of Hunan Province(on)

                              -- Yang Jinzhu lawyer

 

At 4 pm on April 24, 2008, the Hunan Provincial Department of law office and Hunan Province Bar Association held a special meeting on the province Lawyers Association Conference room. Leaders attending the meeting are: provincial Lawyers Association Xiong Longyuan, deputy provincial Lawyers Association (NPC) Dai Zhijian, Secretary of the provincial Lawyers Association, the Provincial Justice Department lawyer Jiang Chunlin Management Office Deputy Director Tang Lixiang. Yang Jinzhu to start a solo run. A few leaders at the meeting point accusing me of violation of discipline of lawyers in the existence of obligation to provide legal assistance to Tang door case. Yang Jinzhu lawyers are one one refute.

The lawyers association of Hunan province by the notary office notarized has all of my blog content, in order to settle for me!

The meeting recordings documented, for hundreds of millions of Internet users judge (I at the beginning of the meeting will be recording pen on the table, this is the public recording).

The following is the recording record:

 

President Xiong Longyuan: I asked you to come today, mainly to the Tang Jiabo case exchange your agent under conditions and opinions. I represent the lawyers association, director Tang on behalf of pipe, exchange views and you together, exchange. First of all you please introduce case of agent of Tang Jiabo's simple.

 

Yang Jinzhu lawyer: this case, I was inadvertently intervention. In April 9th, I saw this article in the Tianya. This article is the Ching Ming Festival in April 5th the sky. A little girl of 13 years old, her father is Jiang Hua county land bureau Party secretary. In April 22nd last year after the death of family members, no sign on the spot, did not see the first scene, (county government) put the body on the funeral to go to, is a naked. Later, without family consent and signature (was cremated). Jiang Hua County Commission for Discipline Inspection is not in the name of dual gauge, is "to assist in the investigation". They said it was six o'clock in the morning of death, in Jiang Hua County, room 2107 bathroom. These I have graph and network video. (Tang Jiabo) with a T-shirt hanging in the bathroom faucet. I looked at that time the network above photos, and 13 year old children to write the word

 

I was looked after shocked. Stay above her grandpa Jiang Yunchao's telephone number, call me in the past and he told me, they do have evidence, but please Beijing and Changsha's lawyer, but lawyers in Beijing and Changsha lawyers began promised to come, but later refused to come. Then I will tell him, I don't care or lawyers or Beijing lawyer, Changsha, I want to see the evidence! You have the evidence to me, if I think is the case, I guarantee to provide legal aid to you. This is number 9.

 

He later 12 six o'clock at night with his son-in-law took evidence over here. This time has reached about 200000 hits. I happened to see, never know. After their 12 took the evidence, I see their evidence was it really is true. Because they have 6 minutes of video, a video on the Internet, irrefutable evidence. (Jiang Hua county) and the toilet hotel is how all hanging dead people. My father was hanged, I know people hang must feet off the ground, feet off the ground is how all hanging dead. And he is the use of T-shirts, as we all know, T-shirt is not capable of hanging.

 

President Xiong LongyuanApril 9th: you see on the Internet?

Yang Jinzhu lawyer:Yes. Their April 12th the evidence. The evidence is the photographs and a video of six minutes. The original April 22nd video, video. I see later that night to do the case of thinking. Because at that time I just (to another case) has experienced continuous fighting more than twenty days. But I saw them too poor. Things are really big grievance. So I finally decided to do legal assistance for their. The agreement stated above do not charge a penny, is the future of state compensation. I don't take a penny. These published in my blog.

President Xiong Longyuan: which day for the entrustment agreement?

Yang Jinzhu lawyer: 13. Their 12 night sent evidence.

President Xiong LongyuanWhat: case agents do?

Yang Jinzhu lawyer: legal aid. Do the criminal appeal. As Jiang Hua County Commission for discipline inspection conclusion made Dutch act. But I think he is killed, the case is "he" rather than "Dutch act".

 

I No. 14 leave home in the morning time is also seen Tianya Tang Jia sister blog, click a quantity to reach more than 32, the message more than 20000 people, a boiling. But I come back at noon to see, you put the post deleted. I just know later, because the people's Government of Jiang Hua County released eight copies of evidence on their website, said Tang Jiabo was Dutch act. Later, the provincial Commission for Discipline Inspection, investigation into the 14. I know this case I don't come to die. In fact, I do not come forward because of has been in the Beijing lawyer, invited them to join me in legal aid. Because I know Hunan lawyer is certainly not. I gave the Beijing lawyers sent SMS, SMS still keep. There is a law is clear to reply on time. The other two bar, usually (Relations) are very good, but this did not give me any reply. In the 15 morning I publish articles in the blog, said I am a bit level death, carry the coffin into battle, the determination to die for the case.

 

Then I in 15 early in the morning in the blog published two questions, the first is that he (Tang Jiabo) on the injury is where come of, his hands and feet, was covered in blood, the body is congestion. I first asked, the trauma is self harm or hurt him. Second (question) is the internal injuries, according to his forensic identification, kidney, spleen and blood, can not be hanged the visceral bleeding.

 

16 early in the morning I saw CCTV news homepage to see the relevant reports. I think the sun is out. But did not expect the Hunan Provincial Commission for Discipline Inspection immediately held a news conference, informed on the red line, the Hunan Provincial Commission for discipline inspection findings, that Tang Jiabo is Dutch act. This is what put Central News Network reports back. I am the only Yang Jinzhu a person to fight.

 

That night I was diving Jiang Hua in the investigation, I have released photos online. Such a corrupt official? He (Tang Jiabo) wife is 02 years off, to 07 years before he died, 5 years without a job. Such land bureau Party Secretary?! I be filled with righteous indignation, in the evening on the Internet issued a solemn statement. A 6 minute video, you can put out. I'll put these are posted on the internet. I made a political declaration on the Internet yesterday, not the highest level of support, sina.com.cn publish my political declaration. That is to say I got the highest level of support.

 

Sunday I went to Beijing, Beijing to accept the media interview. My blog is now up to 2610000 hits. I to Hunan Provincial Commission for Discipline Inspection to the letter is in conformity with the law. Because Tang Jiabo Dutch act death conclusion is made by the Jiang Hua County Commission for Discipline Inspection, not made by the public prosecutor's office, strange strange here!

 

President Xiong Longyuan: they are made in what form?

Yang Jinzhu lawyer: is a punishment. I have posted on the Internet. It is made in the 08 year of January, may appeal that can. Tang Jiabo people dead for a year, to Hades that complaint?

 

   Yang Jinzhu lawyer:Jiang Hua county government saw my agent in this case, a blog on the Internet, began to worry. They immediately made a report about the death of Tang Jiabo, that he is Dutch act. They had two evidence I have not see. Jiang Hua county government said Tang Jiabo died at 6 in the morning, but the Tang family to see the bodies is at four o'clock in the Jiang Hua County funeral home, and not in the first scene. Families have no sign. When the public security and procuratorial united to the scene to do on-the-spot examination transcripts, by the Jiang Hua County Public Security Bureau to do the autopsy report

 

   Jiang Hua county government announced the eight annex on their website, but the two most primitive on-the-spot examination transcripts and autopsy report has not released, I went to the Jiang Hua county government to send lawyer letter, asked them to give it to me two copies of evidence, but they say that they have no obligation to me. Then I went on to find a provincial Commission for Discipline inspection. Because of the provincial Commission for discipline inspection was just the supervision and inspection, but they are in 16, has published a document, said they after investigation that Tang Jiabo belongs to the Dutch act. I passed the Hunan and southern metropolis at No. 17 in the newspapers have reported the provincial Commission for Discipline Inspection of the document. Since they call them according to the evidence through investigation to make such a determination, then I have to go to the provincial Commission for Discipline Inspection of the two copies of the original evidence. This is a must for me. Because according to the law, on-the-spot examination transcripts and autopsy report must be signed by their families. But the provincial Commission for Discipline Inspection do not give me. I gave the provincial Commission for Discipline Inspection and governor Zhou Qiang's lawyer letter hanging on the internet.

 

   This is one of the important legal events, can be recorded in the annals of history, that is China lawyer first according to the provisions of law to the Hunan Provincial Commission for Discipline Inspection to investigate and collect evidence!

 

   President Xiong Longyuan: because you forensics is blocked, so give the provincial government sent a letter?

   Yang Jinzhu lawyerYes. Yesterday morning I went to, but they have not answered me. Hunan Provincial Commission for Discipline Inspection Office Director Ceng Haiping in the red net was used in "likely" three words, I published an article on the Internet, Ceng Haiping "may" and the Song Dynasty Qin Hui "unwarranted" said comparison of legal thinking, Hunan Provincial Commission for Discipline Inspection dare to use "may" three words!

   President Xiong Longyuan: two evidence did not give you, first you give the government sent a letter to the leadership of the unit, second a letter?

   Yang Jinzhu lawyerYes.

   President Xiong LongyuanIn this case you agent: all you finished?

   Yang Jinzhu lawyer: Yes, are finished.

   President Xiong Longyuan: now want to discuss with you, you as a practicing lawyer, also know the professional practice of lawyers, do you think you're acting cases in which practices and lawyers practicing disciplines have discrepancies?

   Yang Jinzhu lawyerNo. But this case is not the normal agent, I don't need to report to the provincial government and the association! I don't like your report is to reduce your stress. Because I is consistent with the law norms. If they don't do this conclusion, I to ask them to, is that I was wrong. But now they made this (Dutch act) conclusion, then I have the right to ask for their two no published evidence! I just use my right as a lawyer.

 

   President Xiong Longyuan: do you think we from the lawyer's perspective, how should we go to the operation of this case is consistent with our professional codes of conduct and discipline of lawyers? Of course as you, your agent in this case I be without rebuke, you want to restore the original appearance of truth, to safeguard the legal rights of parties, which I did not say.

 

    Director Tang Lixiang:I personally feel, and legal facts and truth. The truth is what exactly, should be the witnesses saw. There is evidence that it is the legal fact, now we can not assert that this case is Dutch act or murder, according to documents to judge. From the photos point of view is not very clear, but the source of the photos I am not very clear, do not know is true or false. The Internet about these things I usually do not pay attention to. I personally think that lawyers accept agent access to the relevant departments of evidence which is normal. But as for me, I may not like you do, these things are posted on the internet. Yang you do, really take a lot of risks. If the online public opinion is wrong, is indeed would have many negative effects. This is my personal opinion. At present, Hunan is facing the development of relatively large......

   Yang Jinzhu lawyerThe officer: don't tell me the words.

   Lawyers association:I personally think we can choose another way, private communication......

   Yang Jinzhu lawyer:I have no other way to now, has been cornered!

   Lawyers association:We are now faced with great pressure.

   Yang Jinzhu lawyer:I now just two evidence, always should give me!

   Lawyers association:According to the "law", lawyers exercising practice process of gathering evidence to the relevant departments, there is a circle, the law has not stipulated he doesn't give you what you do......

   Yang Jinzhu lawyer:I'll bring a lawsuit! If the government of Hunan province did not reply to me, I will go to the Beijing supreme court prosecution as they do not interfere with me, as the lawyers' rights!

   Lawyers association:The provincial Commission for Discipline Inspection on the investigation?

   Yang Jinzhu lawyer:Yes, they make a conclusion.

   Lawyers association:Now we are from the lawyers' rights, you do not have access to the proceedings, intervention in what capacity?

   Yang Jinzhu lawyer:I am a lawyer! Legal aid, the non litigation agent. Postmortem examination and transcripts of the scene must be handed over to the family members signed! These are the laws and regulations!!

   Lawyers association:We only discuss this problem, under the exchange of views. You don't get excited.

   Yang Jinzhu lawyer:They Jiang Hua county government announced the eight attachment, but is not announced that two copies of the death scene investigation transcripts and autopsy report!

   Lawyers association:You can sue the county public security bureau now!

  Yang Jinzhu lawyer:I'm not to prosecute the public security bureau. Now the provincial Commission for Discipline Inspection after a survey said they made Tang Jiabo 'Dutch act "conclusion, I went to the provincial Commission for Discipline Inspection to the two piece of evidence.

  Lawyers association:The local public security organ, county government doesn't provide you with evidence, they are obligations, you can go to sue them.

 Yang Jinzhu lawyer:I'm not to sue them, I just find the provincial Commission for Discipline Inspection to!

  Lawyers association:You put the legal basis is attached to government function behind you.

  Yang Jinzhu lawyer:Governor Zhou Qiang is the Southwest University of political science and law student, I have attached a legal basis? I just want the two report!

  Lawyers association:Like you this kind of circumstance, went online to publish these in investigation stage......

  Yang Jinzhu lawyer:This does not violate the law! Next Monday I will go to Beijing to accept an interview.

  Lawyers association:You said you this case is making a significant contribution to the construction of legal system China, but you can also from another angle to consider.

                              (to be continued, see the next section)