Ms. Huang Xiaoqin is retired from the Liaoyuan Machinery Plant in Chenggu County, Shaanxi Province. Police officer Li Yuejin and others from the State Security Division of the county police station broke into her home, arrested her, and ransacked her home. This occurred on the evening of July 27th, 2012. She was then detained in the Hantai Detention Centre in Hanzhong City and sentenced to 15 months of forced labour.
It was obvious that the notice informing her of the decision to put her in a forced labour camp (Wuhan City Education Document 2012, # 65) was illegal and unconstitutional. Ms. Huang appealed to higher authorities. The following is her defence for the unlawful charges. She also sued Li Yuejin, Yang Xiaoqi, and others from the State Security Division of Chenggu County Police Station for their crimes.
Why Huang Xiaoqin's Acts Were Legal
Falun Gong is good for physical and mental health, to which which millions of practitioners attest. As a practitioner, Ms. Huang simply wanted people to know the facts about this practice to see through the media deceptions. What she did was legal under the Constitution.
Article 41 of the Constitution states that “Citizens of the People's Republic of China have the right to criticise and make suggestions regarding any State organ or functionary. Citizens have the right to make complaints.”
According to this article, Ms. Huang violated no laws or regulations. Actually Ms. Huang explaining the facts about Falun Gong was to safeguard the Constitution, whereas the Chenggu County Police Station violated the Constitution.
Why the Police Behaved Illegally
Article 54 of the Civil Servants Law of the People's Republic of China indicates that civil servants are not responsible for the consequences when carrying out orders of their supervisors, with conditions. The article states, “When a civil servant, while performing official duties, deems that there is something wrong with the decision or order from his superior, he may make a suggestion to correct or cancel that said decision or order. If the superior refuses to change the decision or order, or requires immediate compliance, the civil servant concerned shall fulfil the decision or order. The superiors shall be responsible for the consequences from the performance of duties, but if the civil servant fulfils any decision or order that is obviously illegal, he shall be subject to the corresponding liabilities according to the law.”
It was illegal for the Chenggu County Police officers to arrest Ms. Huang at her home and detain her. It was also illegal for them to ransack her home. She should be released and her personal belongings returned to her. However, Ms. Huang was detained for nearly four months before the unlawful decision was made to sentence her to forced labour. Ms. Huang is suing police officers Li Yaojin, Yang Xiaoqi, and others from the State Security Division of Chenggu County Police Station.
First, the police officer broke into Ms. Huang's home and ransacked it, which violated Article 245 of the Criminal Law of the People's Republic of China, “Whoever unlawfully subjects another person to a body search or a search of his residence, or unlawfully intrudes into another person's residence shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.”
Second, the police illegally confiscated a large number of Ms. Huang's personal belongings, which was in violation of Article 263 of the Criminal Law, “Whoever steals public or private property by violence, coercion, or other methods shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined.”
Third, the illegal 4-month detention of Ms. Huang is evidence that the police violated Article 238 of the Criminal Law, “Whoever unlawfully detains another person or unlawfully deprives another person of freedom by any other means shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance, or deprivation of political rights. If he resorts to battery or humiliation, he shall be given a heavier punishment.”
Fourth, the police deprived Ms. Huang of her freedom of belief, breaking Article 251 of the Criminal Law, “Any functionary of a State organ who unlawfully deprives a citizen of his or her freedom of religious belief or infringes upon the customs and habits of an ethnic group, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than two years of criminal detention.”
Fifth, the police falsely accusing Ms. Huang with fabricated evidence was in violation of Article 243, “Whoever fabricates stories to implicate another person with the intention of having him investigated for criminal responsibility, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or public surveillance. If the consequences are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.”
In summary, Ms Huang was not in violation of any articles of the Constitution or Criminal Law, and should therefore be released immediately. However, the opposite is true of the Chenggu County police, who broke laws and violated human rights. In 2009, the police arrested Ms. Huang and sent her to a forced labour camp, which caused her and her family tremendous suffering. On July 27th, 2012, they arrested her again. They should pay for their crimes.
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