All of the Penalties Imposed on Falun Gong Practitioners Are Illegal According to Chinese Law

I am a legal worker and I have a good friend who is a Falun Gong practitioner. He is a very nice, kind-hearted man. He has an interest in law, so we often talk about legal topics and issues. After Jiang Zemin started the persecution of Falun Gong, we discussed our understandings of the issue. We contemplated the issue from a legal point of view again and again. We also consulted a good number of books. I was amazed to discover that there are severe fundamental flaws in the way the Chinese government handles the Falun Gong issue.

The following are some of the things we have found in our research on the issue. We hope that people in the legal community and those who are concerned with the current situation of the Falun Gong issue can discuss and research this matter further. Meanwhile, we want to remind the legislative institutions and various branches in law enforcement to stop the legal "mistakes." We also hope that people working in law enforcement will not follow blindly their supervisors in dealing with these cases, but will accurately follow the law. They should point out the violations of the law to their superiors, and resist illegal orders. They have an obligation not to carry out illegal orders. Law is serious and sacred. Politicians cannot use it as a club to beat people.

1. Falun Gong does not have the characteristics of an "Evil Cult"

When comparing the characteristics of Falun Gong with the definition of an "Evil Cult Organisation" as defined by the Supreme Court and Supreme Procuratorate of the People's Republic of China, it's not hard to see that Falun Gong does not have any of the characteristics of "an Evil Cult Organisation."

The definition of "Evil Cult Organisation" given by the Interpretation is as follows:

"Evil Cult Organisations are Organisations established by utilising the name of religion, Qi Gong, or other names, in which the leader is deliberately deified. The Organisation makes and spreads superstition and heresy to deceive and tempt others, to recruit and control its members, and to harm society."

Falun Gong is not a religion, nor can it be simply referred to as "Qi Gong." It is a traditional "cultivation practice." Mr. Li Hongzhi, founder of Falun Gong, never says in any of his works that he is "God." As to the "Buddha," "Tao," and "gods" mentioned in his books when he addresses the theories of cultivation practice, those are concepts that have existed for centuries in traditional Chinese culture and cannot be labelled as "spreading superstition and heresy to deceive and tempt others."

Man's belief in gods has existed throughout history. One's mind and consciousness are free. Chinese citizens have the freedom and right to believe in what they want to believe in. In books of Buddhism, Taoism, Christianity, and Catholicism in China, there are also topics about Buddhas, Taos, gods, the God, and Lord. Is this "spreading superstition and heresy to deceive and tempt others?" Doesn't the Chinese government allow its people the freedom of belief? After all, one's belief is something that belongs to ideology. There is not yet any article in the state law to regulate an "ideological crime."

As to "illegal Organisation to harm society," this has absolutely nothing to do with Falun Gong. Can people's belief in Truth-Compassion-Forbearance constitute an illegal Organisation that harm society? Chinese people understand well how powerful Falun Gong is in terms of improving the moral standards of society and healing illness. In 1998, the State Physical Education Bureau and the senior state leaders of the last generation headed by Mr. Qiao Shi conducted nationwide investigations. The conclusion in their report was, "Falun Gong is, to the people and the country, in every aspect beneficial and not at all harmful." (The videotape of the investigation and related document can be found at the State Physical Education Bureau.) Also in 1998, the Ministry of Public Security did a nationwide investigation of Falun Gong as well. Their conclusion was, "Nothing strange was found." Those conclusions suffice to prove that Falun Gong is not harmful. On the contrary, it is good for the nation and its people.

Yet one year later, Falun Gong was labelled as an "Illegal Organisation" by state media, and later as an "Evil Cult Organisation." Falun Gong has been vilified with such terms as "killing people," "committing suicide," "having self-immolation." All these crimes seem serious enough, but why did they emerge all of a sudden? Why were none of those things found in the investigation done by the Ministry of Public Security? Isn't it strange and suspect?

On January 23, 2001, on Tiananmen Square, a so-called "Falun Gong Self-Immolation" incident took place. The media coverage was immediate and overwhelming. They called it "live evidence of the evil cult harming people," which also became the compelling argument for the persecution of Falun Gong. Law enforcement personnel changed from a previously inactive state to actively following the orders of persecution and suppression. The propaganda planted seeds of hatred in people's hearts and minds. Many people cursed Falun Gong and developed a hostile attitude towards Falun Gong practitioners.

On August 14, 2001, at the 53rd Human Rights Commission of the United Nations, the International Education and Development Organisation wrote in its statement:

"...However, we have obtained a video of that incident that, in our view, proves that this event was staged by the government..." (Note: The complete statement can be found in the documents of the UN, or at Clearwisdom.net). Such objective news from the UN is, of course, forbidden in China. Chinese people see only news that has been filtered and censored by the government; they have no access to balanced news reports.

2. Falun Gong Activities Completely Comply with the Constitution

Falun Gong practitioners have their belief, practise the exercises, clarify what Falun Gong truly is to the government at all levels, gather together and share experiences about cultivation practice, compile and print truth-clarifying materials to expose the persecution, distribute and mail the truth-clarifying materials, and send information of the persecution in China to overseas practitioners.

Let's look at the articles related to the basic rights guaranteed to citizens by the Chinese Constitution. Article 35 of Chapter Two states that citizens of the People's Republic of China have the rights of free speech, publishing, gathering, parade, and demonstration. Article 26 states that citizens of the People's Republic of China have the freedom of belief. Article 37 states that the personal freedom of the citizens of the People's Republic of China shall not be violated. Article 41 states that citizens of the People's Republic of China have the right to criticise and give suggestions to any government office and employee.

Here we need to point out that the acts of Falun Gong practitioners' compiling, printing, and distributing truth-clarifying materials about Falun Gong, and sending information of the persecution overseas, are legal actions intended to expose the fact that they are being wronged, that the propaganda from the state media is slander and lies, and that there are Falun Gong practitioners being tortured to death. Yet the government simply ignores the great number of appeals from Falun Gong practitioners and blocks the information of the persecution. These are legal and non-violent actions that citizens who are being unfairly treated and persecuted should take.

3. The Supreme Court and Supreme Procuratorate Do Not Have the Right to Interpret the Law

During the process of persecuting Falun Gong practitioners, the Supreme Court and Supreme Procuratorate have twice made an "Interpretation," (i.e. "Interpretation of Several Issues Regarding the Crimes of Organising and utilising Evil Cult Organisations by the Supreme Court and the Supreme Procuratorate of the People's Republic of China.") Following the articles in "the Interpretation" and the corresponding Article No. 300 in Criminal Law, the Supreme Court and Supreme Procuratorate have administered penalties to Falun Gong practitioners during the past few years. Yet people generally ignore the fact that the Supreme Court and Supreme Procuratorate do not have the right to interpret the law.

In Article 67, Chapter Three of the Chinese Constitution, it says clearly that the Standing Committee of the National People's Congress executes the following rights:

No. 4, Interpreting the law. According to Article 42 of Section 4 in Chapter One of the Legislation Law of the People's Republic of China, the right to interpret the law belongs to the Standing Committee of the National People's Congress.

From the related articles quoted above from the Constitution of the People's Republic of China and the Legislation Law of the People's Republic of China, it is evident that "the Supreme Court and Supreme Procuratorate do not have the right to interpret the law." The two interpretations they gave out are illegal decisions that go beyond their rights, have no legal power, and cannot be executed. Besides, it is an obviously "illegal action." Their legal responsibilities should be investigated for the resulting damages and losses of citizens and their properties.

4. It Is Not Stated that Falun Gong is an Organisation of an Evil Cult in the "Interpretation of Several Issues Regarding the Crimes of Organising and utilising Evil Cult Organisations by the Supreme Court and the Supreme Procuratorate of the People's Republic of China"

The "Interpretation" by the Supreme Court and Supreme Procuratorate that has been in effect since October 30, 1999 does not say that Falun Gong is an "Evil Cult" Organisation, nor does it indicate that "engaging in Falun Gong activities is a crime." Since the subject of a crime is not established, how can legal penalties be imposed? Yet during the past four years, the "interpretation" and corresponding article, i.e. Article No. 300 in Criminal Law (which says those who organise and utilise evil practice schools, evil cults, or superstitions to damage the execution of state law and regulations...) have been imposed on Falun Gong practitioners. Isn't the subject of crime mistaken? From this point of view, the penalties imposed on Falun Gong practitioners all these years have been, and continue to be, illegal.

In those cases, a criminal act is not clearly determined by law, yet the penalty is imposed on certain citizens. In addition, law enforcement personnel from the top to the bottom confidently and forcefully say, "We are handling this in accordance with the law." This serious violation of law in the law enforcement system should be stopped and investigated.

5. Apart from the legislative institute and the courts, no government office or Organisation has the right to convict anyone

The labelling of Falun Gong as an "evil cult" in the Party's documents, government files, and media does not have legal basis or legal power. Those offices do not have the right to convict anyone. When the Supreme Court and Supreme Procuratorate called Falun Gong an "evil cult" in a press conference, it was only their speech to the media. It is not a legal action of conviction.

We hope that the legal system in China can be improved and perfected so that the country can truly be ruled by law. We also hope that legal workers will be able to resist the political interference and safeguard the dignity of the law.

Conclusion

The vast number of legal workers should think about this issue. All of the penalties to Falun Gong practitioners have no legal basis from the standpoint of the law. The illegal treatment involves such a huge group, a group of nearly 100 million people, and has continued for several years. Now the Falun Gong issue has become an international issue. In the United States, "The World Organisation to Investigate the Persecution of Falun Gong (WOIPFG)" was established in 2003. In the same year, the United Nations accepted the "List of Over 20,000 Perpetrators Involved in the Persecution of Falun Gong." Under such circumstances, if one day, when the investigation is started to look for the responsible persecutors, won't our legal workers be found responsible as well?

A legal worker

March 2004 in Beijing