(Clearwisdom.net) On October 27, 2004 the Wancheng District Court in Nanyang City, Henan Province tried five practitioners in an illegal trial. They are Ms. Zhang Baozhi, 55, Mr. Li Yansen, 67, Mr. Wang Yinbin, 51, Ms. Kuai Qiying, 62, and Ms. Chen Jinlan, 62. Lawless prosecutor Song Changtai (male, about 40 years old) from the Wancheng District Prosecutor's Office publicly slandered Falun Gong in the court and prevented the practitioners from defending themselves.
During the past five years of persecuting Falun Gong, Jiang's regime has never treated practitioners according to the law. In order to gain political advantage and money, the unlawful scoundrels in Nanyang have cruelly persecuted practitioners by committing such acts as illegally detaining them, extending their detention terms, conducting illegal search and seizures in homes and confiscating private property, using torture tools during interrogations, subjecting practitioners to brutal beatings and other savage torturing, subjecting them to deception, extortion by levying high fines, and so on. Police officers Du Siwei, He Qingsong, Chen Feng, and Zhang Yongyi stole 35,000 yuan from practitioner Zhang Baozhi.
The National Security Division from the Wancheng District Police Department set up a secret tribunal in the Agriculture Guest House behind the Nanyang Silk Mill to interrogate abducted practitioners with torture tools in order to collect so-called evidence. In March 2004, these five practitioners were subjected to illegal interrogation conducted by police officers Zhao Zengyu, Du Siwei, and Duan Xiancheng, from the National Security Division, Wancheng District Police Department. They beat practitioners, deprived them of sleep, deceived and entrapped them, and used other tortures in order to collect evidence. As a result, Mr. Li Yanshen is now in very poor health. The statements listed in their indictments were collected under severe torture and the charges in no way corresponded to the facts.
Ms. Zhang Baozhi, 55, is a retired worker in a lock factory in Nanyang City. Because she persisted in practicing Falun Gong she was arrested at home by district police officers Du Siwei, He Qingsong, Chen Feng, and Zhang Yongyi. Her home was searched and many personal belongings were confiscated, including 350,000 yuan in cash, a TV, a VCD player, a cell phone, a PC, a printer, and many other items. The police only acknowledged to having confiscated 2,000 yuan in cash, which in fact, as witnessed by Zhang Baozhi, they had accidentally dropped on the ground. They did not admit they took the other money, which they put into their own pockets.
Ms. Chen Jinlan, 62, is a retired kindergarten teacher in the Wanyun Company in Nanyang City. She had several diseases before practicing Falun Gong and became mentally and physically healthy after beginning Falun Gong practice. During five years of the Jiang regime's persecuting Falun Gong, Chen Jinlan was abducted and detained several times and her home was searched as well. She went into exile and wandered about to avoid further persecution. On March 3, 2004, she was arrested while visiting Ms. Kuai Qiying's home, and has since then been held in a detention center.
Mr. Li Yansen, 67, is a retired engineer from Bayi Manufacturing in Nanyang City. During the morning of March 5, 2004, five police officers from Wancheng District came to his home and illegally searched it without showing a warrant or identification. They deceived Li and his family by saying, "You need to come with us. We just want to ask you some questions. It will only take a short time and then you will be free to go home." Li's family was afraid it might be a trap, but police officer Zhao Hongwei left his phone number and his name and said, "He will not have any trouble. Call me if you need to find him." The family believed him. To prevent the neighbors seeing them, they divided into two groups and left at different time. Since then, Mr. Li has been detained for over six months, and is now incarcerated at the No. 2 Detention Center in Nanyang City.
We have heard that Mr. Li Yansen had become so weak and thin that he was at the brink of death, that he had a persistent fever, and that he had insufficient strength to talk. The family asked to post bail for him to receive medical treatment, but the police demanded 100,000 yuan for his release. Mr. Li Yanshen's retirement pay was the only income for this four-member family, and was only enough for them to maintain a basic lifestyle. How could they obtain such an astronomical amount of money?
The persecution against Falun Gong practitioners violates the Constitution of the People's Republic of China and many other laws.
1. When police search practitioners' homes without a search warrant, they violate the following laws:
Article 13 of the Constitution states, "The state protects citizens' right to own lawfully earned income, savings, houses, and other lawful property."
Article 39 of the Constitution states "The residences of citizens of the People's Republic of China are inviolable. Unlawful search of, or intrusion into, a citizen's residence is prohibited."
Article 111 of the Criminal Procudure Law states "A search warrant must be presented to the person whose residence is being searched."
As a result of the persecution, police committed crimes of illegal searches and seizure. According to the Criminal Law of the People's Republic of China, Article 245, "Those illegally physically searching others or illegally searching others' residences, or those illegally intruding into others' residences, are to be sentenced to three years or fewer in prison, or put under criminal detention. Judicial workers committing such crimes as stipulated in the above paragraph by abusing their authority are to be severely punished."
2. Nanyang City's Political and Judiciary Committee and people from the "610 Office" instructed police from the Wancheng District Police Department and the National Security Division to abduct Falun Gong practitioners and take them to the Agricultural Guest House located on Hou Street behind Nanyang Silk Mill. The police in this Guesthouse tortured practitioners during interrogation. They voilated the laws under the pretense of enforcing the laws.
Article 36 of the Constitution states "Citizens of the People's Republic of China enjoy freedom of religious belief. No state organ, public organization, or individual may compel citizens to believe in or not to believe in any religion, nor may they discriminate against citizens who believe in or do not believe in any religion." Though Falun Gong is not a religion, we have the right to enjoy freedom of belief.
Article 37 of the Constitution states that "The personal freedom of citizens of the People's Republic of China is inviolable. No citizens may be arrested except with the approval or the decision by a people's prosecutor or by decision of a people's court, and arrests must be made by a public security organ. Unlawful detention, deprivation, or restriction of citizens' personal freedom by other means is prohibited, and unlawful searches of citizens is prohibited."
Article 92 of the Criminal Procedure Law states, "For suspects that do not need to be arrested, they could be questioned at specified locations by city or county governments, or at their residence. Approval from a people's prosecutor or police department must be presented before the inquiry. The time for such inquiry should not exceed 12 hours. It is prohibited to detain suspects for the purpose of continuous inquiry." All Falun Gong practitioners are good people, not criminal suspects.
The police, therefore, committed the crimes of depriving citizens of their freedom of belief. The police are guilty of abusing their power and of sending people to unlawful detention. By abusing their power, they have violated Article 397 of the Criminal Law. Article 238 of the Criminal Law states, "Whoever unlawfully detains another or deprives him of his personal freedom by any other means is to be sentenced to not more than three years of fixed-term imprisonment, criminal detention, monitoring, or deprivation of political rights. In circumstances where beating or humiliation is involved, a heavier punishment is to be given."
3. Corrupt law enforcement personnel illegally sentenced or detained Falun Gong practitioners for telling the truth about the persecution to others.
Article 35 of the the Constitution states, "Citizens of the People's Republic of China enjoy freedom of speech, of the press, of assembly, of association, of procession, and of demonstration."
Article 41 of the Constitution states "Citizens of the People's Republic of China have the right to criticize and make suggestions regarding any state organ or functionary. Citizens have the right to make complaints to relevant state organs or levy charges against or expose any state organ or functionary for violation of the law or dereliction of duty, but fabrication or distortion of facts for purposes of libel or false incrimination is prohibited. The state organ concerned must in a responsible manner deal with such complaints, charges, or exposure made by citizens after ascertaining the facts. No one may suppress such complaints, charges, and exposure, or retaliate against the citizens making them. Citizens who have suffered losses as a result of infringement of their civil rights by any state organ or functionary have the right to compensation in accordance with the law."
When citizens were deprived of their rights of learning the truth and such truth was suppressed, when the TV and other media spread falsehoods slandering Falun Gong, practitioners did not violate the Constitution when they clarified the truth to people. It is the responsibility of practitioners and all kind-hearted people to expose the fact that Jiang's regime violated the Constitution and other laws by persecuting Falun Gong. All kind-hearted people around the world, the governments of many countries and world human rights organizations indicated their concerns about this persecution at the hands of Jiang's regime.
Cultivation is an acient tradition in China and in other countries. It has existed for thousands of years. For example Buddhism and Taoism have historic cultivation temples. Falun Gong requires its practitioners to follow the priciples of "Truth, Compassion, Tolerance," let go of notions to renown and recognition, to personal interests and other desires, and become better, selfless persons. Practitioners come from all different income levels and areas of society. Zhuan Falun, the main text for cultivating in Falun Dafa, is a book that teaches people to be virtuous. Though everyone has the right to not believe in a god or Buddha, no one has the right to forbid others to believe in a god or Buddha.
We hereby call on all kind-hearted people everywhere to help us stop this inhuman persecution. Please offer your help, even if it is as little as an inquiry to the responsible party, or caring for practitioners who have suffered persecution. You are greatly helping us.
Responsible parties for the persecution:
Nanyang City's Political and Judiciary Committee Chairman: Wang Jianmin
Nanyang City/Wancheng District Court Chief Judge: Zhou Wanting 86-138-38786999 (cell), 86-377-3651788 (home), 86-377-3059799 (office)
Wancheng District Prosecuting Office head prosecutor: Song Changtai (male, in his 40s) 86-377-3122976 (home)
Wancheng District Prosecuting Office; prosecutor in charge of Falun Gong cases: Cao Bo 86-13838781966 (cell)
Wancheng District Prosecuting Office; Chief division prosecutor: Bu Zhongjuan 86-13838978766 (cell), 86-377-2272132 (office), 86-377-3272132 (office)
Wancheng District's "610 Office" Chief: Li Xia; Deputy Chief: Liu
Nanyang City's Wancheng District Police Department Deputy Chief: Qin Baolin
Wancheng District's National Security Division Chief: Zhao Zeyu; Chairman: Yuan Xicai
Police officers: Duan Xiancheng; Du Siwei 86-13937766368 (cell); He Qingsong; Chen Feng; Zhao Dongsheng; Zhao Hongwei; Zhang Yongyi
City Police Department police officer: Wang Tengyong 86-13837796906 (cell)
