张庆方 2024/4/20
2024年4月19日上午10点,鹰潭中院在事先不敢通知吴敏的妻子和女儿,当天吴敏妻子宋秀兰到现场强烈要求旁听的情况下,又将其强制非法控制在庭外,悍然对前吉安人大主任吴敏案宣判,以受贿罪判处吴敏有期徒刑10年,罚金50万元。
At 10 AM on April 19, 2024, without prior notification to Wu Min’s wife and daughter, the Yingtan Intermediate Court proceeded with Wu Min’s sentencing. Despite his wife, Song Xiulan, arriving at the court and demanding to attend, she was forcibly kept outside. Wu Min, the former Ji’an People’s Congress Director, was convicted of bribery, sentenced to ten years in prison, and fined 500,000 yuan.
今天,吴敏的女儿和几十名亲属以视频发表声明:决不接受鹰潭中院的非法判决,将和律师一起控告到底,上诉到底!
Today, Wu Min’s daughter and dozens of relatives released a video statement: They unequivocally reject the illegitimate verdict from the Yingtan Intermediate Court and vow to contest the ruling with their lawyers to the fullest extent through appeals.
在很多一直关注本案的朋友眼中,“张庆方律师用尽洪荒之力都未能阻止鹰潭中院枉法判决”,律师也尽力了,这个冤枉已经做成,至少目前无可挽回了。昨天,好多朋友劝我不要冲动,要调整心态,保护自己。
Many who have followed this case closely say, “Despite Lawyer Zhang Qingfang’s herculean efforts, he couldn’t prevent the unjust decision by the Yingtan Intermediate Court.” He has done all he could; the wrong is done, and it appears irreversible at this moment. Yesterday, many advised me to remain calm, adjust my mindset, and protect myself.
但是,我对吴敏吴忠兄弟案仍然乐观,理由如下:However, I remain optimistic about the case of the Wu brothers, Wu Min and Wu Zhong, for the following reasons:
第一,江西纪委和鹰潭中院虽然能在十个多月信息隔绝的情况下,以家人的安全相威胁,成功地让吴敏写出手书家里人就不要请律师了,让组织上安排法律援助律师,同样也能威胁吴敏不上诉。
Firstly, for over ten months, under the threat to his family’s safety, the Jiangxi Discipline Inspection Commission and the Yingtan Intermediate Court successfully coerced Wu Min into instructing his family not to hire a lawyer and to accept the legal aid provided by the authorities, and they could similarly threaten him against appealing.
但是,吴敏作为一个正厅级官员,江西纪委成立一百多人的专案组,掘地三尺查了一年多,没查到吴敏贪污一分钱,收取吉安任何一个企业和个人一毛钱。
Despite being a senior official, the Jiangxi Discipline Inspection Commission formed a team of over a hundred people and conducted an exhaustive year-long investigation into Wu Min, failing to find him guilty of embezzling even a single penny or accepting any improper gains from any business or individual in Ji’an.
纪委拼凑出的所谓1190万受贿款,有三百万是亲弟弟吴忠将2008年在北京以175万元买的一套房子,2018年以475万卖给了吴敏,纪委认为卖价和市场价差额300万,这300万就是弟弟向哥哥行贿。
The supposed 11.9 million yuan bribe concocted by the commission includes 3 million yuan from a transaction where his younger brother, Wu Zhong, purchased an apartment in Beijing for 1.75 million yuan in 2008 and sold it to Wu Min for 4.75 million yuan in 2018. The commission considered the 3 million yuan price difference from the market value as a bribe from the younger to the older brother.
还有400万,是纪委以每天18个小时的高强度讯问,期间吴忠被三次送进重症监护室,逼着吴忠承认哥哥退休后,当面说以后和你嫂子的养老和看病不好解决,做房地产的弟弟即答应给哥哥嫂子400万元(但从未实际给付)的所谓“承诺型受贿”。
Furthermore, an additional 4 million yuan was alleged after intense 18-hour daily interrogations during which Wu Zhong was hospitalized three times. Under duress, he acknowledged that he had promised, though never actually given, 4 million yuan to assist his brother and sister-in-law with their retirement and medical expenses—a so-called “promised bribe.”
纪委还将吴忠公司的几次大额取现又无法说明去向的几百万,硬说成是吴忠向吴敏的行贿,就这么罗织出一起1190万的亲弟弟向亲哥哥行贿案。
The commission also misrepresented several large withdrawals from Wu Zhong’s company, for which the destinations were unaccounted, as bribes to Wu Min, fabricating a total bribe of 11.9 million yuan from brother to brother.
如此违背人伦天理的荒谬逻辑,连最痛恨贪官的中国老百姓都不接受,我不相信,对江西纪委有监管之责的京城官员们会容忍这种将载入史册的特大冤案,在如此伟大的新时代发生,而不去纠正。
Such absurd logic, which defies human decency, is not even accepted by the Chinese people, who detest corruption the most. I do not believe that the officials in Beijing, who oversee the Jiangxi Discipline Inspection Commission, would allow such a monumental miscarriage of justice to occur in this grand new era without seeking to correct it.
第二,为了把一个假案做真,江西纪委竟然无耻到将弟弟吴忠的行贿案和哥哥吴敏的受贿案分案处理,直到吴敏案一审宣判,弟弟吴忠的案子仍然在公安侦查阶段;
Secondly, in an attempt to make a false case appear legitimate, the Jiangxi Discipline Inspection Commission shamelessly separated the cases of bribery against Wu Zhong and the bribery charges against Wu Min. Wu Min’s case has reached a verdict in the first trial, while Wu Zhong’s case is still under police investigation.
明明是一起他们定性的行贿案,江西纪委为了在吴敏案判决前不让吴忠的辩护律师看到案卷,就安排地方公安和纪委以所谓的介绍卖淫罪将吴忠指定居所监视居住6个月,其后又让地方监委以行贿罪留置6个月,然后又让另一个地方公安以虚开增值税发票罪指定监视居住6个月。
It is clearly a case of alleged bribery, yet to prevent Wu Zhong’s defense lawyer from accessing the files before Wu Min’s sentencing, the local police and the Discipline Inspection Commission accused Wu Zhong of facilitating prostitution to justify house arrest for six months, followed by another six months for bribery, and yet another six months under the charge of issuing fake VAT invoices.
如此肆无忌惮地扭曲法律,哪怕江西省委能够容忍,我不相信京城的官员会纵容,更不相信如此英明的人民领袖会容忍此种事情在伟大的新时代发生。
Such flagrant distortion of the law, even if the Jiangxi Provincial Committee can tolerate it, I do not believe that officials in Beijing would condone it, nor do I believe that wise leaders would allow such things to occur in this great new era.
第三,虽然吴敏案一审判决可能以吴敏本人不上诉而十日后生效,但是,所谓的吴忠行贿案,终究还是要进入起诉和审判程序,吴忠的律师何智娟和许俊平,必然会将江西纪委非法罗织的假证据公之于众并公开控告,我不相信,从最高法到最高检的衮衮诸公,没一个敢于承担责任纠正错案的。
Thirdly, although the first-instance verdict in Wu Min’s case may take effect ten days after his decision not to appeal, the so-called bribery case against Wu Zhong will eventually go to trial. Wu Zhong’s lawyers, He Zhijuan and Xu Junping, will surely expose the illegally fabricated evidence by the Jiangxi Discipline Inspection Commission and publicly file a complaint. I do not believe that not a single official from the Supreme People’s Court to the Supreme People’s Procuratorate would dare to take responsibility for rectifying this miscarriage of justice.
第四,主持吴敏案庭审的鹰潭中院副院长刘赛连,她的硕士论文高达63.9%的抄袭率,南京大学2024年3月11号已经正式立案调查并通知她本人,将在6月11号前作出最终决定。我不相信南京大学会为刘赛连保留学位,更不相信江西纪委因为刘赛连干脏活有功,就为刘赛连保住官职。
Fourthly, Liu Sailian, the deputy director of the Yingtan Intermediate Court who presided over Wu Min’s trial, had a 63.9% plagiarism rate in her master’s thesis. Nanjing University officially initiated an investigation on March 11, 2024, and notified her personally, with a final decision due by June 11. I do not believe Nanjing University would retain her degree, nor do I believe the Jiangxi Discipline Inspection Commission would protect her position just because she did their dirty work.
鹰潭中院院长田甘霖的硕士论文,高达38%的抄袭率,在吴敏家属的坚决要求下,华东政法大学不得不接收了举报材料,我不相信华东政法大学会无耻到认定38%的抄袭率不影响田甘霖的硕士学位。
The master’s thesis of Tian Ganlin, the president of the Yingtan Intermediate Court, had a plagiarism rate of 38%. Under the insistent demands of Wu Min’s family, East China University of Political Science and Law had to accept the complaint materials. I do not believe that East China University of Political Science and Law would shamelessly determine that a 38% plagiarism rate does not affect Tian Ganlin’s master’s degree.
一旦两个剽客田甘霖和刘赛连被撤销学位,他们主持的吴敏案审判,其合法性会不受影响?
Should the degrees of these two plagiarists, Tian Ganlin and Liu Sailian, be revoked, would the legitimacy of the trial they presided over in the Wu Min case remain unaffected?
第五,这起冤案的始作俑者,江西纪委常委严正及其亲家即永丰县前反贪局长现县纪委常委戴耀青,已经被我们用录音、现场视频和十几份生效判决证明:早在吴忠被抓前半年,戴耀青就因对吴忠的生意伙伴刘全全放出的上千万高利贷不能收回,而威胁吴忠“你不替刘全全还,我就让亲家把你哥哥吴敏一起抓”。戴耀青作为共产党的反贪局长,纪委常委,长期放高利贷,套路贷,受贿,搞非法拘禁,仅仅因为他有个好亲家是省纪委常委,他的乌纱帽就能保得住?哪怕江西省的糊涂官员们不查处,京城的官员就能容忍?
Fifthly, the instigators of this wrongful case, Yan Zheng, a standing committee member of the Jiangxi Discipline Inspection Commission, and his relative by marriage, Dai Yaoqing, former director of the Anti-Corruption Bureau and now a committee member in Yongfeng County, have been proven by recordings, live videos, and over a dozen effective court decisions to have threatened Wu Zhong six months before his arrest. Dai had been unable to recover a high-interest loan he issued to Wu Zhong’s business partner Liu Quanquan and threatened Wu Zhong, “If you don’t pay back Liu Quanquan’s debt, I’ll have your brother Wu Min arrested along with you.” Dai, as a leader in the Communist Party’s anti-corruption bureau and a member of the Discipline Inspection Commission who engaged in high-interest loans, predatory lending, bribery, and illegal detentions, retains his position merely because of his influential relative. Can such negligence by Jiangxi’s officials be tolerated by officials in Beijing?
总之,本律师已经下定了决心,坚决将鹰潭市和江西省的这些狗-官控告到底,且看在领袖圣明,吏治清明的新时代,还有没人治这些混帐东西,吴敏吴忠兄弟的冤案,在新时代还有没有人敢管!
In conclusion, I, as a lawyer, am resolute in pursuing these corrupt officials from Yingtan and Jiangxi Province to the end, to see if in this era of enlightened leadership and clear governance, there is anyone who dares to address this mess and take charge of the wrongful case against the Wu brothers.
北京市汉鼎联合律师事务所律师
张庆方2024年4月20日
Zhang Qingfang,
Lawyer at Beijing Handing United Law Firm
April 20, 2024
https://zhangqingfang.net/
作为一个冤案家属,我痛恨冤案的制造者,一次司法不公不止是对一个人的冤枉,更是对一个家庭乃至几个家庭巨大伤害,我那不识字的母亲整日忧心忡忡,心疼女儿和外孙女,已经与世长辞,所以,我无法不去痛恨冤案制造者。