(Clearwisdom.net) Ms. Zhang Huayun is a Falun Gong practitioner and an employee at the Jinniu District Taxation Bureau, Chengdu, Sichuan Province. Qingyang District Court officials sentenced her to five years of imprisonment on August 2, 2010, thirteen days after her trial. Her 60-year-old mother was sentenced four years of imprisonment, to be served outside of prison. Ms. Zhang and her mother have filed an appeal.
The trial for Ms. Zhang and her mother Ms. Zhong Shufang was held at the Qingyang District Court on July 20. They were arrested from their home in October 2009. The mother and daughter denied the charge against them and pointed out that they were forced to make a confession under torture during the so-called investigation period. Ms. Zhang's lawyer stated that using confessions made under torture is illegal. The lawyer also presented a convincing legal argument that these two practitioners are not guilty for believing in and practicing Falun Gong or clarifying the truth about Falun Gong. The lawyer requested the collegiate bench to rescind the mother and daughter's conviction according to law.
Background
A man had reported Ms. Zhong Shufang to the Wangjiaguai Police Station on September 2, 2009. It happened as she handed two women a Shen Yun Performing Arts DVD on the street. The police ransacked her home and arrested Ms. Zhong's daughter Ms. Zhang Huayun who was asleep. After being tortured for an entire night at the police station they were transferred the next day to the Qingyang District Police Department with their heads covered with dark hoods. They were interrogated separately.
Torture-Induced Confessions
Ms. Zhang and her mother's trial was held on July 20, 2010 at the Qingyang District Court. Prior to the trial, the officials from Qingyang District Court and from the 610 Office told Ms. Zhang's family and relatives that if Ms. Zhang confesses her crime, her sentence would be reduced. Ms. Zhang stated at the court that she had done nothing to harm society and has never committed any crime.
The mother and daughter said that while the police interrogated them separately at the Qingyang District Police Department they were ruthlessly tortured - deprived of sleep for four days, and suffered other abuses. The police shined light directly into their eyes using high-wattage bright light bulbs. They were handcuffed all the time, even when they used the rest room. Ms. Zhong's feet were severely swollen. Ms. Zhong, in her weak condition, did not pass the physical exam at the detention center, and was sent back home. Even after that, the perpetrators still did not let go of her and still held the trial.
The lawyer stated practicing Falun Gong and introducing Falun Gong to others was not a crime. The mother and daughter should not be convicted or sentenced according to criminal law or related judicial law. The lawyer also pointed out the serious problem with evidence in this case. For example, the list of confiscated items during the home ransacking was not issued in front of the defendant, and was not signed by the defendant. The lawyer specifically emphasized the wrongful use of confessions made by the defendants under torture. Evidence obtained in this manner cannot be used as evidence for a conviction. He requested the court to further investigate. The judge ignored the request.
Ms. Zhang and Ms. Zhong Appealed
The court announced the sentence for the mother and daughter a week after their trial.
According to the law, the written judgment must list detailed grounds for defense, and the reasons why it was accepted or rejected. Only one sentence of the lawyer's argument regarding a verdict was officially noted: "inconsistent with the law," without detailed information. There was no explanation to the key questions the lawyer brought up as grounds for defense.
