Falun Gong practitioner Mr. Dai Dakui, 72, lives in Chongqing. He was arrested in 2003 and imprisoned for five years for making banners with messages explaining the truth about Falun Gong. After his release, he was arrested two more times and sent to brainwashing centres. On April 16th, 2012, Mr. Dai was arrested again and his home ransacked. He was tortured in a brainwashing centre for one month, then a detention centre for five months.
A trial was set for Mr. Dai by Yongchuan District Court in Chongqing for the morning of October 16th, 2012. Mr. Dai defended himself and explained that practising one's spiritual belief and distributing materials containing facts was legal and protected by Articles 35 and 36 of China's constitution.
Mr. Dai asked the judge, “Article 300 in the Criminal Law states that utilizing evil cults to organize activities to interfere with the implementation of the law is a crime, but which law identifies Falun Gong as an evil cult? What part of the law have I broken?”
The two judges were speechless. They sometimes whispered to each other or just sat motionless. After a long silence, the chief judge suddenly stood up and yelled at Mr. Dai, “Stop! Who's the judge here? Am I interrogating you, or are you interrogating me?” He then adjourned the proceedings without any explanation. The trial lasted for about an hour.
The following are some exchanges from the trial.
Public prosecutor: “The state outlawed Falun Gong. Why are you still practising it? Moreover, you bought a computer and printer to produce materials Falun Gong materials, including messages on bills, sticky notes that said, 'Falun Gong is good,' 'Heaven bless you with peace and fortune,' etc.”
Dai Dakui: “I have been cultivating myself to be a good person by following Falun Gong's principles of Truthfulness-Compassion-Forbearance, even in the prison and forced labour camps. I have never retaliated by hitting, criticizing, or swearing. People in all the forced labour camp groups that I was in commented that I was a good person, and some wardens said I was the best in their groups. That's why my sentence was reduced three times in the three groups in which I was assigned. In the end, I was released more than a year early.
“Practising Falun Gong has made me healthy. I behave according to Falun Gong's standards and have never done anything immoral, like gambling or prostitution. I always consider others before myself. In today's society where the morality has declined drastically and disasters are becoming more frequent, our Teacher has asked us to let people know the truth. You are the officials in the Yongchuan District who are supposed to take care of the citizens here. Don't you want your people to be healthy and safe? In such a disastrous time, despite being persecuted, Falun Gong practitioners use their savings to produce materials to let people know the truth. Why is that a crime? Why should I stop practising Falun Gong? I will definitely continue.”
Public prosecutor: “Are you guilty of making banners saying 'Falun Gong Is Good' and 'Truthfulness-Compassion-Forbearance Is Good?'”
Dai Dakui: “Why am I guilty? Making banners telling people Falun Gong is good and Truthfulness-Compassion-Forbearance is good is a good thing!”
Public prosecutor: “According to Article 300 of Criminal Law, you interfered with implementation of the law using a cult organization. Are you guilty of that?”
Dai Dakui: “Based on Articles 35 and 36 of the Constitution, Chinese citizens have freedom of belief, speech, publication, organization, and parade. I am practicing truthfulness, compassion, and forbearance. I never tell lies, I persuade people to be kind, I never fight, never commit immoral deeds, and never bully or take advantage of others. I produced the materials to let more people know the facts about Falun Gong. Everything that I have done is legal and protected by China’s constitution. Why am I guilty? You said that I interfered with implementing the law using a cult organization. Please tell me which article of Chinese law indicates that Falun Gong is an cult. What law did I interfere with?”
The judges had no reply.
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