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Chinese activist's nephew goes on trial at short notice Chinese activist's nephew goes on trial at short notice
(30 days later)
The trial of the blind Chinese activist Chen Guangcheng's nephew for assaulting officials who forced their way into his home after his uncle fled house arrest began on Friday with only a few hours' warning.The trial of the blind Chinese activist Chen Guangcheng's nephew for assaulting officials who forced their way into his home after his uncle fled house arrest began on Friday with only a few hours' warning.
Chen Kegui's father said a government-appointed lawyer rang at 10am to say the trial would begin four hours later at Yinan courthouse in north-eastern Shandong province. He and his wife were not allowed to attend.Chen Kegui's father said a government-appointed lawyer rang at 10am to say the trial would begin four hours later at Yinan courthouse in north-eastern Shandong province. He and his wife were not allowed to attend.
Chen Guangfu, who is Chen Guangcheng's older brother, said: "I hoped they would tell me early so that I could prepare, but since they didn't, there is nothing I can do. I have not heard from my son, and the lawyers appointed by government didn't tell me anything.Chen Guangfu, who is Chen Guangcheng's older brother, said: "I hoped they would tell me early so that I could prepare, but since they didn't, there is nothing I can do. I have not heard from my son, and the lawyers appointed by government didn't tell me anything.
"They are not the lawyers I want or trust, and they don't want to talk to me … Now I know nothing and have no information at all, neither from the government, court, or the lawyer.""They are not the lawyers I want or trust, and they don't want to talk to me … Now I know nothing and have no information at all, neither from the government, court, or the lawyer."
He and his wife reached Yinan before the trial started, but were then told they could not attend. One of the court-appointed lawyers told him: "You are a witness, according to legal documents, so you cannot attend the trial."He and his wife reached Yinan before the trial started, but were then told they could not attend. One of the court-appointed lawyers told him: "You are a witness, according to legal documents, so you cannot attend the trial."
Chinese trials usually rely on previously made witness statements in writing rather than oral testimony.Chinese trials usually rely on previously made witness statements in writing rather than oral testimony.
The lawyer told Chen Guangfu that his wife was also barred because she had been an accomplice. She was at home with their son when the clash happened.The lawyer told Chen Guangfu that his wife was also barred because she had been an accomplice. She was at home with their son when the clash happened.
Chen Kegui, 33, said before his detention that he used knives in self-defence when he was assaulted by men who forced their way into the family home after learning of his uncle's escape from a 19-month regime of house arrest.Chen Kegui, 33, said before his detention that he used knives in self-defence when he was assaulted by men who forced their way into the family home after learning of his uncle's escape from a 19-month regime of house arrest.
Chen Guangcheng, a self-taught legal activist, fell foul of officials after exposing forced abortions in Shandong, and was jailed on charges of "disrupting traffic and damaging property". After his release in 2010 his family was placed under tight guard in their village of Dongshigu. He and his wife were beaten by thugs, their young daughter was prevented from going to school and supporters who tried to visit were beaten, detained or pelted with stones.Chen Guangcheng, a self-taught legal activist, fell foul of officials after exposing forced abortions in Shandong, and was jailed on charges of "disrupting traffic and damaging property". After his release in 2010 his family was placed under tight guard in their village of Dongshigu. He and his wife were beaten by thugs, their young daughter was prevented from going to school and supporters who tried to visit were beaten, detained or pelted with stones.
In April this year he made his audacious overnight escape and reached the United States embassy in Beijing. He is now studying in the US, with his wife and children, but has said he fears retribution against relatives who remain in China, including his nephew.In April this year he made his audacious overnight escape and reached the United States embassy in Beijing. He is now studying in the US, with his wife and children, but has said he fears retribution against relatives who remain in China, including his nephew.
Chen Kegui was initially accused of "intentional homicide", despite the fact no one died, but is now charged with "intentional injury". His parents tried to hire lawyers on his behalf, but one of those, Teng Biao, said the court had rejected them all, instead appointing two representatives from the law firm that handled Chen Guangcheng's trial in 2006.Chen Kegui was initially accused of "intentional homicide", despite the fact no one died, but is now charged with "intentional injury". His parents tried to hire lawyers on his behalf, but one of those, Teng Biao, said the court had rejected them all, instead appointing two representatives from the law firm that handled Chen Guangcheng's trial in 2006.
"The defence lawyers are unlikely to stand on the side of the client. They will do what the court wants them to do," Teng said. "They left such short notice for Chen Kegui's family so that they would be unprepared to react. Lawyers like us, who could give advice or help, had no time to fly there to support them.""The defence lawyers are unlikely to stand on the side of the client. They will do what the court wants them to do," Teng said. "They left such short notice for Chen Kegui's family so that they would be unprepared to react. Lawyers like us, who could give advice or help, had no time to fly there to support them."
He said the defendant's family had not been able to see him since his detention, noting: "No one has a clue about his condition."He said the defendant's family had not been able to see him since his detention, noting: "No one has a clue about his condition."
Teng added: "From the legal perspective, what Chen Kegui did should be classified as legitimate self-defence."Teng added: "From the legal perspective, what Chen Kegui did should be classified as legitimate self-defence."
A spokesman for the courthouse, who gave his name only as director Li, said he did not know when the trial date had been set. He said: "The trial is of course open to the public. Some Chinese media are already here for it. Media and people are welcome to attend."A spokesman for the courthouse, who gave his name only as director Li, said he did not know when the trial date had been set. He said: "The trial is of course open to the public. Some Chinese media are already here for it. Media and people are welcome to attend."
He said he did not know when the hearing would finish, but the judgment would not be issued on Friday.He said he did not know when the hearing would finish, but the judgment would not be issued on Friday.
Jerome Cohen, a leading expert on Chinese criminal law and a friend of Chen Guangcheng, said before the court confirmed the hearing: "This seems highly irregular since, so far as we know, no indictment has even been issued or at least made known to the family.Jerome Cohen, a leading expert on Chinese criminal law and a friend of Chen Guangcheng, said before the court confirmed the hearing: "This seems highly irregular since, so far as we know, no indictment has even been issued or at least made known to the family.
"If this report [of a hearing] is accurate, the 'trial' has obviously been arranged to eliminate the possibility that any of the lawyers retained by the family or the witnesses whom they would like to summon can attend.""If this report [of a hearing] is accurate, the 'trial' has obviously been arranged to eliminate the possibility that any of the lawyers retained by the family or the witnesses whom they would like to summon can attend."
This month Chen Guangfu tried to sue police and officials for breaking into their home. The court threw out his lawsuit.This month Chen Guangfu tried to sue police and officials for breaking into their home. The court threw out his lawsuit.
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