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Innocent Woman Imprisoned; Court Obstructs Appeal Process

Dec. 31, 2012 |   By a Minghui correspondent in Heilongjiang Province, China

(Minghui.org) Ms. Xu Qilan, a Falun Gong practitioner from Shuangyashan City, Heilongjiang Province, was illegally arrested on May 10, 2012, and sentenced to 4 years in prison. The Jianshan District Court purposely failed to notify the family, who finally learned of the sentencing through friends when the appeal period was about to expire.

Ms. Xu's lawyer rushed to submit the appeal request to the Shuangyashan City Intermediate Court on September 29, 2012. However, the judge refused to provide the necessary documentation, thereby obstructing the appeal process.

When Ms. Xu's family went to the Shuangyashan Detention Center to see Ms. Xu on December 10, 2012, they were informed that she had been transferred to Harbin Women's Prison three days earlier, on December 7.

Details of the case

Ms. Xu Qilan, 47, is a mother of three children. Her husband died 10 years ago when working at a coal mine. Afterward, she had to look after the children on her own; the youngest one was only 5 years old at that time. Under immense pressure, she was on the brink of total mental collapse. Just then, however, she discovered Falun Gong. Through the practice, her physical and mental health substantially improved. Hence, she has remained steadfast in her belief in Falun Gong despite the brutal persecution by the communist regime.

Over the past decade, Ms. Xu has been repeatedly harassed by the local residential committee and police, as well as unlawfully detained for her faith.

Ms. Xu was last arrested on May 10, 2012, for distributing Shen Yun Performing Arts DVDs. Police also ransacked her home. Ms. Xu was incarcerated in the Shuangyashan Detention Center and then tried by the Jianshan District Court on the morning of September 4, 2012.

Around 20 to 30 of Ms. Xu's relatives and friends went to attend the trial, but most of them were not allowed in; the court only let in Ms. Xu's children, brother and sister-in-law. The lawyer entered a not guilty plea and demanded this client's unconditional release.

After the trial, Ms. Xu's family went to the court multiple times to inquire about the verdict, but each time chief judge Gao Zhixin made excuses and did not reveal the information. At one point, Gao claimed that there was no point of telling Ms. Xu's children and that he would inform her lawyer instead. However, he then issued the sentencing document without notifying Ms. Xu's family or her lawyer on September 21, 2012. Ms. Xu's family finally got the news through their friends a few days later.

After learning of this development, Ms. Xu's lawyer immediately traveled from out of town on September 28 to meet with the family. He managed to submit the appeal request to the Shuangyashan City Intermediate Court on September 29, just one day before the appeal period was to expire and the national holiday, from September 30 to October 7, was to start.

When the lawyer later asked district court judge Gao why he hadn't sent him the sentencing document, Gao replied that he was afraid it would get lost. When the lawyer then asked why he hadn't informed him by phone, Gao claimed that he was too busy and had no time to call.

Ms. Xu's lawyer went to the intermediate court to meet Zhao Dawei, judge of the criminal tribunal, on November 14, 2012. He asked the judge to show him Ms. Xu's case file, and Zhao initially agreed. However, likely due to the pressure from the local 610 Office, the judge then changed his mind and refused the lawyer's request. The lawyer presented a strong argument, but Zhao defensively claimed that “the court has the final say as to whether to place a case on file or to hold a trial,” thereby obstructing the appeal process. With no other option available, the lawyer then went to the Procuratorate to file a complaint.

Shuangyashan City Intermediate Court personnel involved in the persecution of Ms. Xu:
Wang Xiaodong, head of Shuangyashan City Intermediate Court: +86-15331811111 (Cell) +86-469-4297123 (Office)
Wang Baozhong, deputy head of Shuangyashan City Intermediate Court: +86-13904688730 (Cell), +86-469- 4278271 (Office), +86-469- 4464803 (Home)
Li lanying, deputy head of Shuangyashan City Intermediate Court: +86-13349339618 (Cell), +86-469- 4289610 (Office), +86-469-4245588 (Home)
Wan Haigui, deputy head of Shuangyashan City Intermediate Court: +86-13796910999 (Cell), +86-469-4275117 (Office), +86-469- 4271188 (Home)
Han Hui, deputy head of Shuangyashan City Intermediate Court: +86-15846839999 (Cell), +86-469- 4277928 (Office), +86-469- 4276119 (Home)
He Min, judicial officer at Shuangyashan City Intermediate Court: +86-13904685245 (Cell), +86-469- 4289820 (Home)
Chen Fei, judicial officer at Shuangyashan City Intermediate Court: +86-13504858993 (Cell), +86-469- 4282722 (Office)
Jiang Wenlong, head of disciplinary inspection: +86-13304887705 (Cell), +86-469- 4283441 (Office), +86-469- 4272497 (Home)
Sun Shengqing, head of the political department: +86-15331812999 (Cell), +86-469- 4278545 (Office), +86-469- 4271034 (Home)
He Huilu, director of implementation bureau: +86-15304886999 (Cell), +86-469- 4273375 (Office), +86-469- 4293577 (Home)