On March 13, Henan lawyer Shao Yujuan posted that she was illegally subjected to the use of police equipment by court police during a court hearing, which drew attention.
Figure: Shao Yujuan’s Weibo
After the incident, the author contacted the person involved, Shao Yujuan. According to her account, on the morning of the 13th, Shao Yujuan attended a court hearing at the Fuji Court of Qixian County Court in Kaifeng City. Before the hearing, Shao Yujuan requested the clerk to copy relevant evidence materials but was rejected. When she attempted to take photos for evidence, her mobile phone was snatched by the court police. Subsequently, the court police used handcuffs to handcuff Shao Yujuan behind her back and took her away from the courtroom.
According to Shao Yujuan, the Fuji Court was hearing a civil lawsuit. Shao Yujuan represented the defendant, whose client, Liang Mouchao, had been sentenced to one year and four months in prison for intentional injury. After Liang Mouchao was released from prison, the victim, Zhao Moumou, filed a separate civil lawsuit, demanding compensation.
The evidence that Shao Yujuan attempted to copy before the hearing was the plaintiff Zhao Moumou’s “three-period appraisal” report and other materials. “Three periods” refer to the period of lost wages, nursing care, and nutrition, and the appraisal results are related to the standard of civil compensation. However, Shao Yujuan said that the plaintiff’s three-period appraisal report had not been delivered to her client before.
Around 9 a.m. on the 13th, the judge had not yet arrived, and Shao Yujuan communicated with the court clerk about the issue of copying materials. “I said, let me take a picture (of the appraisal report) first, and I didn’t notify my client at the time.” Shao Yujuan said that the clerk was dissatisfied with her request and refused her copy on the grounds that it had already been announced and delivered. “The clerk said, ‘Can’t you speak properly? I won’t let you take pictures today.'”
Shao Yujuan, who had transitioned from a judge to a lawyer, cautiously took out her mobile phone and attempted to take photos for evidence. “I said I would apply for your (clerk’s) avoidance, and I took out my phone to record the fact that she wouldn’t let me copy it, so she went to find the judge and the court police.” Shao Yujuan said that three court police officers then entered the courtroom, claiming that recording and video recording were not allowed in the courtroom, and asked her to delete the video she had taken. “I said (before the hearing) recording the video is my right, you have no right to make me delete it.”
Seeing this, the court police stepped forward to snatch Shao Yujuan’s mobile phone and used handcuffs to handcuff her behind her back. “The court police came over to grab my phone, three people held me down and put handcuffs on me, handcuffing me behind my back.” Shao Yujuan told the court police that they were illegally using police equipment. “They quickly dragged me from the courtroom to the office next door.”
Shao Yujuan said that she was treated roughly by the court police in the office. “One court police officer called me a shrew, and another court police officer lifted his trouser leg and said that I bit his leg.” Shao Yujuan said that the scene was chaotic at the time, and the incident happened very quickly. “I don’t remember clearly (whether I bit someone), I used my head to hit his (court police officer’s) leg.” Subsequently, the court police wanted to unlock the handcuffs for Shao Yujuan, but Shao Yujuan refused, saying that she wanted to report the case to the police. “Two people held my legs and first unlocked the handcuffs on my left hand. I used my hand to pull the handcuffs, and he forcefully bent my fingers and pulled my right arm, trying to open the right handcuff.”
Liang Mouchao’s relatives witnessed part of the incident at the court. On the evening of the 13th, they told the author that the court police of the Fuji Court did snatch Shao Yujuan’s mobile phone and used handcuffs on her. “At that time, Lawyer Shao wanted to record a video to explain why you (the clerk) wouldn’t let her copy (the materials). The clerk went out, and three court police officers came over and wanted Lawyer Shao’s phone, but the lawyer didn’t give it. The court police snatched the phone, took out the handcuffs, and handcuffed the lawyer, dragging her to the office.”
Liang Mouchao’s relatives said that they could not see the situation in the office, but they heard Shao Yujuan shouting several times in the office: “The court is hitting people, the court is hitting people.”
After the incident, Liang Mouchao’s relatives reported the case to the police. “When she (Shao Yujuan) came out, I saw the people from the police station taking photos of her (wounds), and she said her arm hurt, her leg hurt, and her teeth hurt.” Shao Yujuan said that the police officers from the Fuji Police Station of Qixian County Public Security Bureau took notes for her and viewed the surveillance video in the Fuji Court, but refused to accept the case on the grounds that “the public security has no jurisdiction.” Shao Yujuan then requested the police to conduct a medical examination of her injuries. “They didn’t do it, saying that it was not serious enough to be considered a minor injury, and it was not a criminal case.”
It is reported that in the early years, the Legislative Affairs Office of the State Council stated in its “Reply to Questions” that if administrative staff intentionally or through gross negligence infringe upon the legitimate rights and interests of citizens, causing damage, they shall bear civil liability, and secondly, they shall bear administrative liability. If a crime is constituted, they shall also bear criminal liability, but “it does not belong to the acts of violating public security administration regulations stipulated in the Regulations on the Administration of Public Security Penalties, and public security administration penalties should not be imposed.”
Figure: Shao Yujuan’s medical records
In response, Shao Yujuan has applied to the Lawyers Association for rights protection. “The Zhengzhou Lawyers Association contacted me and said that they have spoken to the Kaifeng Lawyers Association and the Judicial Bureau.” On the evening of the 13th, the director of the Lawyers’ Rights Protection Committee of the Zhengzhou Lawyers Association, Mr. Qian, told the author: “We will definitely protect the rights of our members. We have launched an emergency mechanism for this work.”
Figure: Case-related “Police Handling Registration Form”
As of the time of publication, the author has repeatedly called the relevant staff of the Fuji Court of Qixian County Court and the relevant departments of Kaifeng City to verify the matter, but to no avail. Whether the court police of the Fuji Court illegally used police equipment on lawyer Shao Yujuan remains to be officially responded to. It is worth noting that the “Police Handling Registration Form” of the Fuji Police Station shows that “the court police of the Fuji Court performed actions such as handcuffing her (Shao Yujuan) behind her back and lifting her… It is recommended that Shao Yujuan go to the superior department or the procuratorial institution to reflect.”
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