活石教会牧师苏天富案开庭法官择日宣判



4/26/2018

贵阳活石教会苏天富牧师(右)
(图:对华援助协会)

(贵州-2018年4月26日)贵州贵阳活石教会牧师苏天富被控“故意泄露国家秘密”一案,本周四(4月26日),在贵阳市南明区法院一审开庭,庭审进行约两个小时结束。苏天富在庭审接受称,法官将择日宣判。

被当局以非法组织取缔的贵阳活石教会牧师苏天富,因使用社交通讯工具微信转发图文,被控“故意泄露国家秘密罪”。该案于本周四上午九时30分,在贵阳市南明区法院第十二审判法庭开庭。

被告人苏天富和辩护人萧云阳、张培鸿两位律师出庭。起诉书指,2015年12月8日,被告苏天富在“贵阳活石教会三群”发送一篇名为代祷函的文档,内附带有机密文件照片两张。同日,他又在微信朋友圈转发上述机密文件的两篇文章,经贵州省国保鉴定后上述文件为机密级国家秘密。

苏天富在庭审结束后,告诉记者,庭审约两个小时,中午11时30分许结束,法官称择日宣判。他说,由于法院称,案件涉及国家秘密,因此当天进行不公开审理:“开庭两个小时就结束了,因为是不公开审理,庭审情况不能说。程序上是公诉方为南明区检察院,起诉书指控为有罪,又出示了证据。辩护律师根据控方出示的证据,进行质证、辩护”。

苏天富说,法院对该案进行不公开审理,因此无人旁听:“没有人旁听,这个不能旁听的,不让人旁听”。记者多次致电辩护律师肖云阳,但无人接听。

去年5月12日,贵阳市南明区检察院将苏天富起诉至法院,但法院迟迟未开庭。这次起诉苏天富的罪名,与已经被判刑的另一位牧师仰华(本名:李国志)相同。仰华在去年1月6日被以,也是“故意泄露国家秘密罪”判刑2年6个月;同案信徒余雷、王瑶,于去年10月被判刑1年半、缓刑2年。

对于这次受审,苏天富坚持自己无罪,他说:“只是在微信转发教会代祷函,但里面有被指是‘机密’的文件。如果从指控的角度说故意泄密,我主观上没有故意,从另外的角度,律师辩护会从法律的角度,我转发的图文算不算泄露国家秘密。只要是我做过的事情,我都认,至于罪与非罪,由律师来辩护”。

成立六年的活石教会原有信徒500多人。2015年12月被贵阳市政府取缔。仰华牧师等多人被捕。今年1月,该教会的财产被当地法院裁定强制执行查封,二十天后被以542万元低价贱卖,买主是南明区国有资产监督管理办公室属下的“南明投资集团”。

对华援助协会特约记者乔农报道

The court held a trial for Su Tianfu's case; the judge delayed the result

(Guizhou, 2018-4-26)
On Thursday (April 26th), the Court of Nanming District, Guiyang held a trial of first instance for Su Tianfu, the pastor of the Huoshi Church of Guiyang, who was accused of "intentionally disclosing state secrets." The trial lasted two hours. At the end of the trial, the judge decided to announce the verdict later.

Su Tianfu is the pastor of Huoshi Church based in Guiyang, a church that the government forcibly shut down. Su Tianfu was accused of "intentionally disclosing state secrets" for forwarding pictures and texts through WeChat. The 12th court of the Court of Nanming District, Guiyang held the trial at 9:30 A.M. on Thursday. The defendant Su Tianfu and his two representative lawyers, Xiao Yunyang and Zhang Peihong, attended the court session. According to indictment, the defendant Su Tianfu posted a text titled Prayer Letter in "The 3rd group chat of Huoshi Church" on December 8th, 2015, and the text contained two pictures that included state secrets. On the same day, he forwarded another two articles that contained the aforementioned pictures in the Circle of Friends on WeChat. The National Security Bureau of Guizhou Province confirmed that the texts and pictures contained state secrets.

After the trial, Su Tianfu told the reporter that the court session ended at 11:30 A.M. and lasted about two hours. The judge will announce the verdict later. Su Tianfu told the reporter that since the case involved state secrets, the court could not hold the trial publicly, and he was not allowed to talk about it. "The trial lasted two hours. Because it was held in public, I can't talk about it. Nominally, the prosecutors is the Procuratorate of Nanming District. The indictment deemed me guilty and presented evidences. The representative lawyers defended me and argued around the evidences provided by the prosecutors."

According to Su Tianfu, since the court refused to hold the trial publicly, no auditors were allowed in the court room. "There were no people auditing the trial. The court didn't allow it." The reporter called the representative lawyer Xiao Yunyang several times, but no one picked up the phone.

On last May 12th, the Procuratorate of Nanming District, Guiyang sued Su Tianfu, but the court waited for a long time to conduct the trial. The charges against Su Tianfu are the same with Pastor Yang Hua (Original name: Li Guozhi), who was already sentenced and imprisoned. On last January 6th, Yang Hua was sentenced two years and six months in prison for "intentionally disclosing state secrets." Yu Lei and Wang Yao, Christians involved in the same case, received a year and half in prison and a two-year probation respectively.

During the trial, Su Tianfu insisted that he was innocent. He said: "I simply forwarded a prayer letter in WeChat, and according to the government, the letter contained state secrets. From a legal point of view, I did not 'intentionally' leaked the state secret. The lawyers will judge if the texts and images really contained state secrets. I will not deny the things I did, but it's up to the lawyers to decide if they are illegal or not."

The Huoshi Church had more than five hundred members and six years of history. In December 2015, the government of Guiyang banned the church and arrested a large number of church members, including Pastor Yang Hua. In this January, the local church forcibly confiscated the church properties and sold them with the low price of 5.42 million yuan after twenty days. The buyer is Nanming Investment Group Co. Ltd under the Nanming Supervision and Management Office of State-owned Assets.

China Aid Association Special Correspondent Qiao Nong