2012年5月30日

陈光诚:中国的不法


师北宸:《纽约时报》用中文刊登(史无前例?)盲诚文章:中国的不法
This is the Chinese-language version of a New York Times Op-Ed essay by Chen Guangcheng. If you cannot view the Chinese characters, you might need to adjust the settings on your Web browser or on your computer’s operating system.

自从五月十九日抵达美国以来,有人问:你来这儿想做什么?我之所以来美国,是为了在这短期学习,而不是政治庇护。但我在这学习的同时,也希望中国共产党及其政府彻底调查过去这七年以来对我和家人所强加的于法无据的惩罚。

我在北京朝阳医院住院的时候,当我离开庇护我的美国大使馆的时候以及美国政府官员与中国政府谈判安排我与家人团聚的时候,我都一再要求中国政府彻查。中国政府高级官员向我保证他们会彻底调查,公开处理,并通知我调查结果。我希望他们会恪守承诺。中国政府过去经常食言。我在此敦促美国及其它民主国家一起监督,并视中国政府调查进展情况采取相应行动。

中央,山东,临沂市和沂南县政府必须回答许多问题。为什么从2005年起将我和家人非法拘禁于东师古村的家中,不允许我们与村民和外界的联系?为什么2006年编造谎言指控我破坏公共财产和聚众妨碍交通,在没有证人和辩护律师的情形下对我进行闹剧式审判,并把我关进监狱四年三个月?在我2010年释放出狱后,又是根据什么法律,将我和我的家人居住的屋子变为一所跟监狱严厉程度相等的监狱?

中国政府必须面对的根本问题是官员的无法无天。中国不缺法律,而是缺法治。因此,经手我的案件的官员们多年来通过各种方式公开蔑视国家法律。

虽然中国刑法如同世界各国的一样需要不断更新,如果认真实施仍能给与公民相当程度的保障,防止被随意拘禁,逮捕和起诉。几十年来,为了防止重现1950年代的反右运动、"群众运动"以及后来1966-1976年文化大革命那样的梦魇,无数执法官员,律师及法学教授在中国致力制定宪法与各种法律。

但是实际上,如同对我和我的侄子陈克贵的案子一样,这些保护措施经常被忽视。自从今年4月当地警察发现我逃离村子后,气急败坏地带领一群打手,他们无人着制服,没有搜查令,没有逮捕令,也没人说自己是什么人,半夜爬墙闯进我大哥陈光福家中,将门踹开,惨无人道地殴打我大哥。

将我的大哥拘禁起来之后,这群人又两度回来,用镐柄殴打大嫂和陈克贵。陈克贵不得已摸起菜刀反抗,划伤其中三位打手,但未杀人。

从此32岁的陈克贵便荒谬地被冠上涉嫌"故意杀人"的罪名,拘禁在沂南县看守所,完全与世隔绝。想必承受的酷刑比他父亲有过之而无不及。尽管中国1998年已签署《联合国禁止酷刑公约》并制定相应的国内法实施该公约,但在中国酷刑逼供司空见惯。他们一家聘请的律师至今没有一人能够正式接案,反而是官方宣布陈克贵必须接受政府控制的法律援助律师。

尽管中国还没有人身保护状这类法律,但目前的司法制度规定检察官独立办案,可以纠正警察的违法行为。而法官也必须独立审判纠正检察官和警方。

在中国,重要案件都是由共产党政法委控制,而非司法官员。从沂南县基层法院到北京的最高人民法院,司法制度的每个层面上,是政法委指挥警察,检察官和法官,于是,原来面似独立运作的人员转变成为一个所向无敌的武器。政法委的所作所为已将几十年的法治建设成果付诸东流。

在中国,重要案件都是由共产党政法委控制,而非司法官员。从沂南县基层法院到北京的最高人民法院,司法制度的每个层面上,是政法委指挥警察,检察官和法官,于是,原来面似独立运作的人员转变成为一个所向无敌的武器。政法委的所作所为已将几十年的法治建设成果付诸东流。

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