图为布绒朗仁波切的辩护律师李方平(图1)和江天勇(图2)。
布绒朗仁波切的家人从北京聘请两位律师到康定为活佛做无罪辩护,他们是著名 维权律师李方平(北京瑞风律师事务所)、著名维权律师江天勇(北京高博隆华律师事务所)。其中,江天勇律师在去年4月11日,与其他20名中国律师联署签 名,公开声明将依法为被捕藏民提供代理、辩护等法律服务,但21名律师随后被当局警告,不准介入西藏事件,并遭到打压。而这次,李方平律师和江天勇律师为 布绒朗仁波切辩护,乃去年西藏事件以来第一起不是由当局指定的辩护律师代理的案件,其意义非同寻常。
From Times Online
April 27, 2009
Chinese court postpones judgment on Tibetan living Buddha
Lawyers say decision may reflect international concern over case of Phurbu Tsering Rinpoche
Jane Macartney in Beijing
http://www.timesonline.co.uk/tol/news/world/article6180748.ece
中国法庭延缓对西藏活佛的判决
律师说此决定也许反映国际对普布泽仁仁波切的关切
在最后一分钟,一中国法庭决定对面临15年刑期、被控非法持有武器与职务侵占土地的西藏活佛,延缓判刑。
江天勇,普布泽仁仁波切的两位辩护律师之一,本来已经在前往机场的路上,准备参加明天在遥远康定的庭讯,然而一位副院长打电话给他。
第二位律师李方平说:“他们通知我,判决宣布的日期已经延缓。新的日期还没有决定。他们说只要决定了就会告诉我。”
法律专家说,这样的动作对中国的法院来说是很罕见的,可能意谓着,法庭上辩方有力的说词,再加上此案吸引国际媒体的注意,促成法庭官员彼此之间对刑期有了意外的辩论。
此案针对52岁的被告,乃是在4月21日开庭,也是首次一位受控卷入去年藏区抗议事件的藏人能够选择自己的辩护律师。在朱古(转世化身)普布仁波切的案子里,他能够说汉语让他有办法找到法律的援助。
这位僧人,也是一个受到尊敬的佛教上师,转世的第五世布绒朗仁波切,是在去年的5月18日被逮捕,就在他所主持的两家尼众寺的尼姑上街抗议不久之后。
警察搜索了这位活佛的家,活佛不只主持好几家宗教机构,还兴建敬老院,结果发现了仿制的手机一把,还有一百来发子弹,警方说这些武器可能造成人身极大的创伤,甚至会致死。
普布仁波切否认持有武器,还说他是在警方胁迫之下才在认罪书上签字的。
江先生告诉泰晤士报:“这样一位受到尊敬的僧人,家里的客厅是公共场所,每天都有许多人来拜访。可能有人事先就把手枪放在那里。他的妻子说她以前在打扫的时候,从来没有看过这把枪。”
他也说,法庭没有针对该项非法持有枪枝弹药的指控进行调查。至于非法占有公有土地,他说,这位僧人自掏腰包,付了7万人民币(七千英镑)来购买该项土地,以兴建敬老院。
如果把僧人处以重刑,可能会引发他的家乡,主要是藏人居住地区的支持者新一波的抗议浪潮。他在西藏有数千名弟子,甚至在中国其他地方也有很多信徒。
江先生说:“我不敢说,如果他被判重刑,地方百姓就会跑出来抗议,但这样的动作是没有办法帮助地方族群团结的,因为他在大众之间享有崇高的声望。”
这位僧人是在7个月大时就被指认为转世化身了,在上星期二为时一天的审判之前,他的两位律师见到了他,说他精神还不错。
江先生说:“我怀疑这件案子会有公平的审里。但比起其他类似的案子,这已经是处理得比较好的一件。至少我可以与我的委托人见面,并且与他说话。”他说他担心法庭可能会判重刑。
目前已经有好几位藏人被判处死刑,罪名是在去年拉萨的3月14日暴动中纵火。中国官员说,在愤怒的藏人跑过街道,并且放火烧商店与办公大楼,要求达赖喇嘛回来时,有22个人死亡,大部份都是被烧死的。
(中文译者:台湾悬钩子)
A Chinese court has decided at the last minute to postpone judgment on a Tibetan living Buddha who faces 15 years in jail on charges of possessing illegal weapons and illegally seizing government land.
Jiang Tianyong, one of two defence lawyers for Phurbu Tsering Rinpoche, was already en route to the airport for the airport for tomorrow’s court session in the remote town of Kangding when a deputy judge telephoned.
The second lawyer, Li Fangping, said: “They notified me that the date to announce a verdict had been postponed. There is no new date. They said they would let me know in due course.”
Legal experts said that such a move was rare for a Chinese court and could indicate that the unusually spirited defence presented in court and the international publicity the case has attracted could have prompted unexpected debate among judicial officials over the sentence.
The case against the 52-year-old defendant was heard on April 21 and marked the first time that a Tibetan accused of involvement in last year’s anti-Chinese unrest in the region had been able to select his own defence lawyers. In the case of Phurbu Rinpoche, a tulku or reincarnation, his ability to speak Chinese enabled him to find legal help.
The monk, the fifth incarnation of a revered Buddhist teacher, known by the title of Burongma, was arrested on March 18 last year, four days after nuns from two religious houses over which he presides took to the streets in demonstrations just as deadly rioting erupted in the Tibetan capital, Lhasa.
A police search of the home of the living Buddha, who presides over several religious houses and runs an old people’s home, turned up an imitation pistol and 100 rounds of ammunition that police said could cause severe injury or even be fatal.
Phurbu Rinpoche denies possession of the weapon and says that he signed a confession under police duress.
Mr Jiang told The Times: “The living room of such a venerated monk is a public place with people coming and going every day. Someone could have put the weapons there. His wife has said she had never seen them before when cleaning the house.”
The court had made no attempt to investigate the weapons charges, he said. As for the illegal occupation of public land, he said the monk had spent 70,000 yuan (£7,000) of his money to buy the plot on which he built the old people’s home.
A tough sentence against the monk could trigger renewed outbreaks of unrest among supporters in the mainly ethnically Tibetan region that is his home. He commands thousands of disciples in Tibet as well as in other areas of China.
Mr Jiang said: “I can’t say if local people will come out to protest if he is jailed, but such a move might not help the unity among local ethnic groups since he enjoys high prestige among the masses.”
The monk, identified as a reincarnation when he was seven months old, was in good spirits when the lawyers were able to see him before his trial, which lasted for a full day last Tuesday.
Mr Jiang said: “I doubt if the case will be dealt with fairly. But compared with similar cases, this has been the best handled. At least I met my client and talked to him.” He said he feared that the court could hand down a heavy sentence.
Several Tibetans have already been sentenced to death for arson during the riot on March 14 in Lhasa. Chinese officials say that 22 people were killed, most burnt to death, as angry Tibetans rampaged through the streets setting fire to shops and offices and demanding the return of the Dalai Lama.
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