【禁闻】是“打黑” 还是“黑打”？

【禁闻】是"打黑" 还是"黑打"？

【新唐人2011年10月12日讯】古代有击鼓申冤，现代有网络申冤。杨金德涉黑一案，在
网络上越滚越大。杨金德的妹妹杨金芬继上次为了替哥哥申冤卖身为奴之后，最近她进
一步在微博刊登悬赏，她说谁能把办案法官送进监狱，她愿把自己的房子送出。刑事辩
护律师表示，象这种陷害惨案，手段令人发指。对此，不仅要辩护、要控诉，更要追究
责任。

去年，杨金德因涉黑一案被拘捕后，遭受酷刑导致瘫痪，他的妹妹杨金芬在微博发出宣
言:�若谁能帮哥哥伸冤，还其清白，我将终身为奴，回报大恩，决不食言。�

不过，杨金芬向《新唐人》表示，她目前遭到中共当局的监视。

河南南阳杨金芬：�现在他们安排了一个人，专门就是监测我的手机还有我的QQ，就是
一直在监测我，说实在话，我跟我家里的人立场非常坚定，我们只能跟他们斗到底，我
哥哥就讲了，这些政治骗子的话是不可信的。�

事件的起因是，汽车商杨金德承租的五层楼办公室土地被地主卖出，法院下令杨金德搬
迁被他拒绝，河南南阳市卧龙区法院强行在他的银行存款中提出八万多元，充当部分罚
款。杨金德不服，连夜带几名员工进京上访，但当局以冲击国家机关、组织黑社会等罪
名将他拘捕，并关进南阳警犬基地。

这一段视频，是现年四十三岁的杨金德，在看守所内对律师讲述自己被警方逼供致残的
经过。

一审时，杨金德被人抬着上法庭，因为受到酷刑和自身疾病，他天天写报告，要求看病
以及要求伤害鉴定，但都遭到相关单位的拒绝。

杨金芬：�我们家属去的话，只能在看守所的门外不让进，我就是7月5号到14号，在唐
河县中院审理时，开庭的时间，看到我哥哥被这个被子裹来裹去的，几个人抬着，一直
躺在地板上，经过了10天开庭审理，后来我就一直没有见过了，因为他们看守所拒绝我
们家属会见。�

律师杨大飞好几次替杨金德申请取保候审，但每次申请都石沉大海，他表示，按规定不
管申请是否核准，应当在七个工作天之内给家属或律师一个答案。

北京律师杨大飞：�法院对你这种取保候审不理睬的话，你是没有办法的，而且这到底
是什么条件，才能符合取保，也没有法律规定，所以这个事情他们的可取可不取，主动
权完全掌握在他们自己的手里。�

法院一审判决杨金德涉嫌组织、领导黑社会性质组织罪，聚众扰乱社会秩序罪，妨害作
证罪，强迫交易罪，寻�滋事罪，妨害公务罪等6项罪名成立，判刑21年6个月，合并执
行20年，并处罚金40万元；另外，22名员工也被判有罪。

杨金德的家属和律师认为，只因为杨金德和员工向法院讨说法和赴京上访，这样就被认
为是黑社会性质组织的头目，他们认为是当局挟怨报复。

杨金芬：�我觉得政府方面好像不打算翻案，我有这种感觉，因为8月30号立案，31号
就通知我们不开庭了，意思就是维持原判。�

杨大飞律师在他的博客写着，河南南阳杨金德涉黑案，一审法官睁着眼说瞎话，明明是
卧龙区法院违法执行，非要判决书写上"依法执行"，明确是没有围堵大门，宁要说造成
不能上下班后果，明明是卧龙区运管所违法查扣，非要说是依法查扣。

新唐人记者林莉、黄容、孙宁采访报导。

"A Gang Plays" by "Eliminating a Gang"

In ancient China, people banged the drum when they redressed
grievances.Currently, people use the internet to redress their grievances.
Yang Jinde's caseis becoming more and more developed and is attracting more
and more attention.Yang's sister, JinFen, announced recently that she would
give her house to theperson who could sentence the judge to prison.Before
that, she said she would be 'a slave' to anybody who would help herbrother
redress his grievance. The defense lawyer said that authorities
usedoutrageous measures so lawyers must defend, indict, and
investigateaccountability in this case.

Last year, Yang JinDe was arrested and accused of having involvement with
themafia. He was subject to torture and became paralyzed. His sister Yang
JinFenthen declared on a blog:" If anyone can help my brother to redress
his grievanceand declare his innocence, I'd like to be his slave for my
entire life as return.I'll never go back on."

JinFen told NTD that she was monitored by CCP authorities.

Yang JinFen from Nanyang, Henan, China:"0020 Now, they have arranged a
person tomonitor my cell phone and QQ (a Chinese internet chatting tool).
They have beenmonitoring me. 0055 To be honest, my family and I are very
firm that the onlything we can do is fight with them until the end. My
brother said, 'thosepolitical cheaters have no credit.'"

Yang JinDe rented a five-story building for his auto business. The landlord
soldthe land, and the court ordered Yang to move out. Yang refused. HeNan
NanyangWolong district's court withdrew 80,000 Yuan from Yang's bank
account as part ofthe fine enforced. Yang was angered by the court's
action, and went to Beijingwith a few employees to ask for fair treatment.
Nanyang authorities then arrestedhim and locked him in Nanyang Police
Canine Center. The authority charged himwith "assaulting the state
government and setting up a Mafia organization."

http://orientaldaily.on.cc/cnt/china_world/20111011/00178_001.htmlYang is
43 years old now. This video recorded is what he described as
thepersecution process when he met the lawyer inside the detention center.

Yang was carried by others to court in the first instance. Yang reported
everydayas means to ask for medical treatment and identification of his
injuries, but wasrefused.

Yang Jinfen: "when my family members and I went to the detention center, we
werekept outside. During the period from the 5th to 14th of July when my
brother wasput on trial, we saw him being carried there by others, then
lying on the floorin a quilted cover. But, after the hearing, we were not
allowed to see himagain."

Although Lawyer Yang Dafei tried many times to bail Yang Jinde out, there
was noresponse. He said, according to the law, people should receive an
answer within 7working days whether or not the application is approved.

Yang Dafei, Beijing Lawyer: "You can do nothing when the court ignores
yourapplications for bail. Because there is no clear interpretation of the
law aboutthe condition of whether or not a person can be bailed out, the
initiativeabsolutely rests on the court's side. "

In the first trial, Yang JinDe was convicted of organizing and leading a
gang,gathering people to disturb social order, obstruction evidence,
forcing trade, ,obstructing official business. He was sentenced to 21 and a
half years in prisonwhich would run concurrently for 20 years, and fined
400,000 yuan. In addition,22 employees were also convicted.

Yang Jinde is considered to be the leader of an organized crime group
onlybecause he and the other employees went to Beijing to petition for an
explanationand to meet with higher authorities. Yang Jinde's family and his
lawyer believehe received retaliation from authorities.

Yang Jinfen: "I think the government does not intend to reverse the
judgment. Ihave this feeling because we were informed on August 31, only
one day after thecase was placed on file that the court would not be
re-open it. That means thatthe original verdict is being upheld. "

Lawyer Yang DaFei wrote in his blog: For Yang JinDe of Nanyang's case, the
judgein the first instance lied with a straight face. It's clear that the
Wolongdistrict court violated the law, but the judge wrote "obey the law"
in theverdict; It's clear that nobody blocked the gate of the court, but
they accusedYang JinDe of blocking the court office; It's obvious that the
Wolong districttransportation management office illegal seized Yang JinDe's
property, but saidit was 'seized by law'.

NTD Reporters Lin Li, Huang Rong and Sun Ning2011-10-12
03:54:05http://www.ntdtv.com/xtr/gb/2011/10/12/a601642.html.-【禁闻】是"打黑
"-还是"黑打"？.html