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Trial of the Lin Biao and Jiang Qing

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Trial of the Lin Biao and Jiang Qing No. 48 December 1, 1980 BEIJING A CHINESE WEEKLY OF REVIEW NEWS AND VIEWS THE TEN ACCUSED (see p. 2) HIGHLIGHTS OF THE WEEK ing up the recent U.N. resolution with other united actions can Trial of Ten Begins equal and no Party is to impose the Soviet aggreasbrs be forced Special Court starts trial of its own views on others (p. 6). to withdraw their troops (p. 7). Jiang Qing and nine others Moscow is quietly annexing Ties With Spanish C.P. (p. 3). Full text of the indictment Afghanistan's Wakhan salient, was delivered by Chief of the General Secretaries Hu and according to Pakistan news re- Special Procuratorate Huang Carrillo affirm that the Chinese ports (p. 8). Huoqing (pp. 9-28). Reports and Spanish Parties will devel- from the cSurt (pp. 29-31). op their relations on the basis W. European Economy of independence, equality and A flood of bad tidings has ANNOUNCEMENT mutual respect and trust. Both will strive to restore the lofty washed away any doubt about Beijing Review will give full a new recension in Western coverage to the trial, including prestige of the international Europe (p. 8). firsthand reports from our own communist movement and and Xinhua correspondents Marxism (p. 5). beginning this issue. Comrade Carrillo on his im- pressions of China (p. 6). Deng on Inter.Party Relations The Afghan Situation Vice-Chairman Deng Xiao- Beijing Review news analyst ping declares all Parties are points out that only by follow- BEIJING REVIEW INTERNATIONAL 7-8 Wang and Yao Admit: Jiang By an Overwhelming Majority Qing Was Chief Instigator of U.N. General Assembly the Changsha False Charges calls for an immediate with- '°Beijing Review" corres- drawal of foreign troops pondent 30 Published in Engllsh, French, frqm Afg hanistan m "Beijing COVER: (Top) The Special Court Spanish, Japanese, German Review" news analyst Zhong and Arabic editions Tai starts the trial of the principal culprits of the Lin-Jiong cliques. Soviets Moving Into Wakhan Vol. 23, No, 48 December 1, t980 (Bottom) The ten accused: (1) Area Jiang Qing, (2) Zhang Chun- Economic Cold Front Sweeps qiao, (3) Yao Wenyuan, .(4) CONTENTS Western Europe-- Xinhua Wang Hongwen, (5) Chen Boda, Correspondents Lu Hengjun (6) Huang Yongsheng, (7) Wu and Yang Yuanhua Faxian, (8) Li Zuopeng, (9) Qiu EVENTS & TRENDS 3-6 Huizuo and (10) Jiang Tengjiao. Trial of Lin-Jiang Cliques ARTICLES AND DOCUMENTS Published every M.onday in Belling, Begins Trial of Lin-Jiang Cliques: In- The People's Republic of China dictment of the Special Proc- Ten Lawyers Act as Defence uratorate 9 Distributed by GUOJt SHUDIAN, Counsel (Chine Publications Centre), P.O. Box 399,: Beijing, China Two Foreigners Stabbed by a Reports From the Court: Wu Schizophrenic Faxian Admits: Lin Biao Subscription prices (1 year): Plotted ' Counter-Revolution- Australia.......... A.$12.50 U.S.A...USSI3.SO Talks Between the Chinese and ary Coup mXinhua corres- New Zealand...NZ.$14.SO U.K.......... f.6.80 Spanish Parties End pondent 29. Canada.......... Can.$15.60 i I i CHINA EVENTS & TRENDS POLITICAL Trial of Lin-Jiang Cliques Begins N November 20 the Special People's Republic of China, committed by the two counter- O Court under the Supreme which runs to over 20,000 revolutionary cliques, the in- People's Court' started trying Words (see p. 9 for the full text). dictment noted that their the ten principal defendar~ts of felonies had been proved by a the case of the Lin Biao and The indictment pointed out host of conclusive evidence. Jiang Qing cliques. They are that the Lin Biao and Jiang Jiang Qing, Zhang Chunqiao, Qing cliques acted in collusion "In accordance with the Yao Wenyuan, Wang Hongwen, during the "cultural revolution" provisions of Article 9 of the Chen Boda, Huang Yongsheng, and, taking advantage of their Criminal Law of the People's Wu Faxian, Li Zuopeng, Qiu positions and the power at their Republic of China with regard Huizuo and Jiang Tengjiao. disposal, framed and persecuted to the application of law," the Communist Party and state indictment says, "this procura- The Special Court was held at leaders in a premeditated torate affirms that the ten I~o. 1 Zhengyi Road, Beijing. attempt to usurp Party leader- principal culprits have violated the Criminal Law of the Peo- After Jiang Hua, President of ship and state power and ple's Republic of China and the Special Court, declared the overthrow the political power of have committed the offence of the dictatorship of the pro- court in session at 15:00 Beijing attempting to overthrow the letariat. They did this 1W time, the bailiffs on duty led government and split the state, Jiang Qing and the nine other resorting to all kinds of intrigues the offence of attempting to defendants to the dock. and using every possible means, engineer an armed rebellion, Huang Huoqing, Chief Proc- legal and illegal, overt and the offence of having people in- urator of the Supreme People's covert, by pen and by gun. The jured or murdered for counter- Procuratorate and concurrently two cliques brought untold revolutionary ends, the offence Chief of the Special Procurato- disasters to the country and of framing and persecuting peo- rate, then read out the Indict- nation. ple for counter-revolutionary ment of the Special Procura- ends, the offence of organizing torate under the Supreme After listing 48 specific and leading counter-revolution- People's Procuratorate of the offences in four major crimes ary cliques, the offence of The court in session. conducting demagogical prop- In the public gallery were 880 the nine other accused on No- aganda for counter-revolution- representatives from various vember 10, the Special Court, in ary ends, the offence of ex- provinces, autonomous regions accordance with the provisions torting confessions by torture, and municipalities directly on the right of defence of the and the offence of illegally under the Central Government, Law of Criminal Procedure, in- detaining people, and that they departments under the Central formed them that they had the should be duly prosecuted Committee of the Communist right to defend themselves or according to their criminal Party of China, state organs, entrust their defence to liability." people's organizations, demo- advocates. cratic parties and the Chinese Chert Boda, Wu Faxian, Li Also present at the court People's Liberation Army. Many Zuopeng and Jiang Tengjiao session were Wu Xiuquan, Zeng of the representatives had been turned in their applications for Hanzhou, Huang Yukun, Vice- framed and persecuted by the calling in lawyers, and Yao Presidents of the Special Court, Lin Biao and Jiang Qing cliques. Wenyuan asked the court to and the entire panel of judges assign lawyers for him. The of the Special Court, as well CCTV televised parts of the Special Court recommended a as Yu Ping and Shi Jinqian, trial to the rest of the world number of experienced lawyers both Deputy Chiefs of the via satellites. from Beijing, Shanghai, Wuhan Special Procuratorate, and all and Xian, some of whom have other procurators of the Special (See p. 29 for reports of court done judicial work for more Procuratorate for the public proceeding of the First and Sec- than 50 years. Beginning from prosecution. ond Tribunals.) November 13, the lawyers called The defence lawyers attending in or assigned by the court have the court session, were Gan Ten Lawyers Act as Defence made contacts with the accused. Yupei, Han Xuezhang, Zhang Counsel Jiang Qing at first wanted to Sizhi, Wang Shunhua and Ma call in lawyers for her defence, Kechang. Ten lawyers have agreed to and the Special Court recom- act as defence counsel at the mended three lawyers on two After the indictment was request of five of the ten de- occasions. In her interviews read, President of the Special fendants involved in the case of with the lawyers, Jiang Qing Court Jiang Hua declared that the Lin Biao and Jiang Qing demanded that they act as her the ten defendants in the case cliques. substitute in speaking and would stand trial in the First answering questions in court. The accused who have and Second Tribunals separate- The lawyers rejected her entrusted their defence to law- ly. The defendants to be tried at demands which contradicted the yers are Chen Boda, Wu Faxian, the First Tribunal are Jiang law, telling her that the re- Li Zuopeng and Jiang Tengjiao, Qing, Zhang Chunqiao, Yao sponsibility of the defence and the court has assigned two Wenyuan, Wang Hongwen and lawyer was to safeguard the defence lawyers for Yao Wen- Chen Boda. The defendants to legitimate rights and interests yuan at his request. be tried at the Second Tribunal of the accused according to facts are Huang Yongsheng, Wu when copies of the indictment and law, and not to act as the Faxian, Li Zuopeng, Qiu Huizuo were served on Jiang Qing and defendant's substitute and an- and Jiang Tengjiao. Jiang Hua also announced to the defendants that they must obey the orders of the court during the trial and must not violate the rules and regulations of the court, and that they had the right of defence and the right of presenting the last word. The president of the court declared the session adjourned at 17:20 Beijing time. Five of the ten defenee lawyers at the opening session. 4 Betting Review, No. 48 CHINA EVENTS & TRENDS swer the questions that she her- the Geological Division of the two Parties which had just re- self should answer in court. Australian Mineral Develop- sumed and expressed the hope Jiang Qing then said she did not ment Laboratory (AMDEL), and that these relations would grow want defence lawyers.
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