(Minghui.org) In any democratic country, judicial independence is a core value that enables judges to protect individual rights even in the face of popular opposition. However, in China—a country ruled by the Communist Party—the judicial system has become a new tool for the Party to maintain its dictatorship and suppress its own people, especially in the persecution of Falun Gong.
According to the regime's own law, there has never been any legal basis for the persecution of Falun Gong. It's simply a matter of one's freedom of belief.
Despite their illegality, however, many judges have followed the regime's persecution policies and do whatever it takes to send these law-abiding practitioners into detention.
In the Heilongjiang Human Rights Case that became a world headline earlier this year, presiding judge Wang Jingjun openly admitted his “Rubber Stamp” role that he had no say over the legal outcome, as everything is pre-determined by the 610 Office, an extra-legal agency created with the sole purpose of persecuting Falun Gong.
Below are a few more cases showing the Chinese judges' apparent violation of law in prosecuting the practitioners.
Intermediate Court Overturned Lower Court's Decision, but Sentenced the Practitioner for a Different Crime
Practitioner Ms. Xiong Qiuling was sentenced to three years in prison by Leiyang Court of Hunan Province for “using a heretical organization to undermine the implementation of law,” a typical accusation used to charge practitioners.
Upon receiving Ms. Xiong's appeal, Judge Kuang Jingzi, and the deputy courtroom director, Chen Hong of Hengyang City Intermediate Court interrogated Ms. Xiong. Instead of asking questions about her, they asked questions about another practitioner Ms. Huang Duohong who was arrested while at Ms. Xiong's home.
The Intermediate Court dismissed all charges that the lower court had made against Ms. Xiong, but retained the original sentence of three years by charging her with a different crime—“harboring criminals,” for having Ms. Huang Duohong at her home.
Ms. Xiong's “harboring criminals” was later used by the Intermediate Court to prove Ms. Huang “guilty” of being a criminal.
This flagrant abuse of justice has become a joke in judicial circles. One judge remarked, “Our director doesn't know the law.”
Mingshan District Court Blocks Lawyers' Defense, Splitting One Case Into 12 Separate Cases to Try the Practitioners
Twelve Falun Gong practitioners were arrested in Benxi City, Liaoning Province in April 2013. Due to a lack of evidence, the authorities needed three attempts to bring the case to trial.
At the first trial of the 12 practitioners in June 2014, the defense lawyers were asked to go through safety inspections, even though defense attorneys are exempt from this procedure according to the law. Meanwhile, the judge also pressured the practitioners: “As long as you fire your current attorneys, the court will pay the costs and hire the best attorneys for you.”
The court later split the case into 12 separate cases and began trying the practitioners individually. One of them died as a result of the police's brutality while awaiting trial.
Practitioner Ms. Wang Xiulian was arrested while visiting her sister. She was charged with “undermining law enforcement.” Her lawyer Chen Jiangang said: “This is a joke. How can a woman who is almost 60 years old with an amputated foot be dangerous to society?”
The lawyers also expressed their disdain for the proceedings promulgated by the Mingshan District Court. “The court has refused to work with defense lawyers for one-and-a-half years,” said lawyer Lin Qilei. “It's a clear indication of their disregard for the law.”
Mingshan authorities denied bail to Lin's client and refused to offer an explanation.
Shocked by what happened in court, lawyer Shi Yongsheng asked, “Aren't they making a mockery of the law? Who is sabotaging the law? Isn't it the court, not the defendants or defense lawyers.”
Category: Perspective
