(Minghui.org) At each level of government, centrally to locally, there exists a Political and Legislative Affairs Committee, yet many people may not know exactly what it is or how it operates. The establishment of the Political and Legislative Affairs Committee not only operates without any legal or constitutional basis, but fundamentally, it exists in conflict with the Constitution of the People's Republic of China. An independent judiciary system is a value shared by modern civilized societies, as well as a basic principle of the Chinese Constitution. However, this is not the situation in China today.
In the free countries of the Western world, the separation of power between the legislative, the judicial, and the executive branch is strictly implemented. China's Constitution stipulates that the people's courts shall “...exercise judicial power independently and are not subject to interference by administrative organs, public organizations or individuals” [Section 7, Article 126 of the Constitution of the People's Republic of China]. National power that is granted to any government agency has to be authorized by the Chinese Constitution under the rule of law. Any organization that is not authorized or recognized by the law is illegal.
The Political and Legislative Affairs Committee of the Chinese Communist Party (CCP) is one such illegal organization that rides above the law. Its “Joint Case Handling” policy has no legal basis whatsoever. The recently established branch agencies within the Political and Legislative Affairs Committee system such as the 610 Office, the Comprehensive Administration Office, and the Stability Maintenance Office are also illegal. These systems are the political tools of Jiang Zemin, Zhou Yongkang, and rest of his followers for the purpose of harming the people and persecuting Falun Gong. The Suihua City Political and Legislative Affairs Committee closely follows the CCP Central Political and Legislative Affairs Committee secretary, Zhou Yongkang, and actively persecutes Falun Gong practitioners.
The following is just one example of the extrajudicial activities perpetrated by the Suihua City Political and Legislative Affairs Committee. Mr. Liu Fucai of Suihua City told passersby on the street about his personal experience and benefits from practicing Falun Gong. On March 5, 2012, he was arrested by police officers from the Sifangtai Police Station and detained at the Suihua Detention Center.
Mr. Liu's family hired a defense lawyer for him to enter a not-guilty plea. At the end of March, the lawyer submitted a “Legal Opinion Letter” to the 610 Office. On April 20, the lawyer went to the court to inquire about the date of the hearing. Judge Cui Hongyuan told him, “The court session has already been held.” The lawyer questioned the judge, “Why weren't the lawyer and Mr. Liu's family notified? Why was the lawyer deprived of his right to defense? This type of secret court hearing is completely illegal!” The lawyer insisted on reopening the case. The judge knew that the actions were illegal and inexcusable, yet he tried to stall the lawyer, saying, “I'll get back to you in seven days.”
When the lawyer again asked about the date of hearing, the judge told him, “The Political and Legislative Affairs Committee did not permit the hearing. Whoever speaks in defense [of Falun Gong practitioners] will be arrested! The Political and Legislative Affairs Committee authorities said that they have received orders from higher up to arrest, charge, and sentence Falun Gong practitioners swiftly. Falun Gong practitioners must be given heavy sentences.”
A lawyer's professional rights and the right to defense are protected by law. It is a lawyer's professional responsibility to appear in court and to represent and defend his client. Why is the Political and Legislative Affairs Committee arresting lawyers? They know that if a lawyer is allowed to defend his client according to the law, then he will inevitably expose the fundamental problem; namely, that the persecution of Falun Gong practitioners is unlawful and a criminal act. Those lawyers who are not afraid of standing up to injustice would additionally expose the cruel methods used by the CCP to persecute Falun Gong practitioners. All of this would be revealed to the world's people. The fact that the Political and Legislative Affairs Committee and the judicial system are trying so hard to discourage lawyers from defending their clients is a desperate attempt to cover up the crimes committed in the persecution of Falun Gong. The CCP does not dare to let the truth be revealed to the world. The Political and Legislative Affairs Committee and the judicial system are serving as the CCP's tools for undermining the law.
The Political and Legislative Affairs Committee does not allow lawyers to take on cases involving Falun Gong practitioners. However, many conscientious lawyers have withstood the pressure and spoken in defense of practitioners according to the law. Three such lawyers from Beijing and Heilongjiang separately went to Suihua to defend Falun Gong practitioners who were being persecuted. However, using various excuses, the Political and Legislative Affairs Committee obstructed the lawyers and prevented them from getting involved in the legal proceedings. They ignored the law and surreptitiously sentenced the practitioners. Brute power has been substituted for the law. Recently, the Suihua branch of the Political and Legislative Affairs Committee has repeatedly arrested and illegally sentenced many Falun Gong practitioners.
On March 7, the Beilin District Court held a secret hearing administrated by Judge Zhang Yue and illegally sentenced Falun Gong practitioner Ms. Liu Yuhua and Ms. Yao Zhenhua to prison terms of two years and four years, respectively. Falun Gong practitioner Ms. Zhou Guilan, 64, who has been illegally sentenced by Judge Cui Hongyuan of the Beilin District Court, died on March 29 at the Suihua Detention Center. On April 19, Judge Cui Hongyuan held a secret hearing and attempted to sentence Falun Gong practitioner Mr. Liu Fucai. On April 28, Ms. Zhao Yajuan was arrested by police officers from the Liangang Township Police Station. Ms. Liu Shenglian was illegally sentenced to one-and-a-half years of forced labor.
With Bo Xilai's fall from political power, attorney Chen Guangcheng escaping house arrest, and the CCP's crimes of organ harvesting from living Falun Gong practitioners being exposed, Zhou Yongkang will soon face justice.
A legitimate government should be based on the rule of law. A legitimate government should let the law determine whether or not Falun Gong practitioners are guilty of any wrongdoing, and it should allow lawyers to appear in court and defend practitioners. The truth will not be known it is if not given a chance to be debated. Let the people see who is truly breaking the law. Why go to such great lengths to repress and hide the truth in defiance of world opinion?
Nobody can stop great changes in history. It is becoming more and more prevalent for righteous lawyers to defend Falun Gong and represent practitioners. Every occurrence of a lawyer defending a practitioner in public will become a declaration of the truth regarding the CCP's persecution of Falun Gong. We urge the CCP: release the arrested Falun Gong practitioners, including Liu Fucai, and stop the persecution!
Category: Perspective
