Lawyer from Jinan, China: "Brainwashing Violates China's Laws"

Liu Ruping, an attorney from Jinan City, Shandong Province, was abducted to the so-called Shandong Province Legal Training Centre in Liuchangshan, Jinan City on October 17th, 2005, to be brainwashed. During his detention, his family members were blackmailed. He was also told that he would be sent to a labour camp unless he stops practising Falun Gong. Mr. Liu's 84-year-old father was so struck by the news that he suffered a stroke and passed away on November 14th.

Mr. Liu wrote an open letter to the Chinese government, detailing how the detentions and brainwashing of Falun Gong practitioners violate China's own laws. He urged the government to "immediately stop the forced brainwashing of Falun Gong practitioners." The following is his letter.

Despite the stated national policy of "Governing the country according to the law, building a country with the rule of law," the persecution of Falun Gong practitioners is still outside of China's legal system. Falun Gong practitioners' requests for lawsuits to protect their own rights are not granted, and no lawyers are allowed to represent them. The punishments given to Falun Gong practitioners, including brainwashing, do not follow any legal processes. All of these are open, undisputed violations of established laws. Worse still, those who implement the laws regard these violations as the norm. Everyday, they "implement the law" against their own conscience. The brainwashing of Falun Gong practitioners has no legal backing. It is a serious violation of the law. Here, I urge the government to immediately stop the brainwashing of Falun Gong practitioners.

1. The brainwashing process is illegal

Since July 20th, 1999, when the persecution against Falun Gong officially started most of the brainwashing of Falun Gong practitioners has been conducted through "brainwashing classes" (literally meaning "transformation classes," also called "legal training centres") and labour camps. All of the Falun Gong practitioners sent to these classes or labour camps were abducted. This abduction was done illegally, sometimes through secret arrests, sometimes through abductions during an appeal or when Falun Gong practitioners were distributing materials containing the truth about Falun Gong,.

i) The abduction of Falun Gong practitioners is illegal

To abduct a Falun Gong practitioner and send him or her to a brainwashing class, the abductor never has to show any legal documents. Falun Gong practitioners never go through any legal process to be sent to or dismissed from a brainwashing class. Thus, the practitioners have no written evidence of this illegal process that deprives them of their physical freedom. For example, an elderly woman practitioner from the rural areas of Changqing District, Jinan City was abducted and detained at the brainwashing class in Jinan (Jinan Legal Training Centre) for more than 20 days by the Changqing Police Department and Changqing 610 Office¹. The only reason she was detained was that she lit some firecrackers to celebrate May 13th, World Falun Dafa Day. Another elderly woman practitioner from Lixia District was abducted to the brainwashing class in Jinan when she was distributing truth-clarification materials at Qianfoshan. Neither of the abductions had any legal process. Were they criminals? No, there was no trial. They are citizens. Just because they are Falun Gong practitioners, their physical freedom is limited, and they were sent for brainwashing.

I was abducted by the Dongguan Branch of the Changqing Police Department on the evening of October 17th, when I was posting "Falun Dafa Association Announcement." On October 18th, I was under temporary detention for "using a [CCP's slanderous word omitted] organisation to violate state laws." On October 25th, I was released because it was a "minor violation insufficient for prosecution." However, at the same time, I was abducted by the Changqing Police Department Anti-[slanderous word omitted] Investigation Team to a brainwashing class in Jinan. In anxiety and anger, my father passed away on November 14th. The Village Committee persuaded the brainwashing class to let me go home for one week for the funeral. Now I am homeless and on the run. At the detention centre, I was not given an arrest warrant. I only have a release certification. No document was given when I was abducted to the brainwashing class.

ii) The brainwashing at labour camps is illegal

If a Falun Gong practitioner is not "transformed" at the brainwashing classes, he or she will be sent to a labour camp for closed-door forced brainwashing.

Many educated and thoughtful people in China have realised and stated that the labour camp system is illegal and should be immediately abolished. Currently, the labour camps have become dark dungeons where the police and the 610 Office detain and torture Falun Gong practitioners at will. The labour camp system has clearly and seriously violated Articles 5, 33, 37, and 38 of the Constitution, Article 10 of the Administrative Punishment Law, and Article 8 of the Legislative Law. The labour camp system enables the police to deprive a citizen of up to three years of personal freedom, leaving them no process to appeal or dispute the result. When a labour camp decision is sent to the detainee, she or he is immediately sent to the labour camp. The detainees whose physical freedom is deprived have no rights at all, which is unthinkable in a civilised society governed by the rule of law. All citizens, including the police, know that the labour camp system violates the constitution and the basic laws, yet they allow it to continue. This is against the national policy to build the country following the law, and against the government's goal to build a harmonious society.

2. The action of brainwashing is illegal

The so-called "transformation" for the purpose of brainwashing is to change Falun Gong practitioners' thoughts and faith. Falun Gong practitioners want to be good people and become even better. Their thoughts are noble and their actions civil. How would you "transform" them? The brainwashing classes have no curriculum or training plan. The amount of time varies. Everyday, the staff plays slanderous videos to brainwash practitioners and force them to write their "understandings" to renounce Falun Gong. Another component of the brainwashing class is that the detainees are forced to pay a "transformation fee" as high as 100 yuan a day. What is most absurd and ridiculous about the brainwashing class is, Falun Gong practitioners' one statement or writing the "promise letters" [to promise to not practise Falun Gong again], be it against their will or not, can determine whether they can be immediately released, sentenced to prison or labour camp, or have terms added. What kind of law are they implementing? Is it the law that gives the police the power to release the practitioners if they curse Falun Gong or the Teacher, or keep them under detention if they refuse to curse Falun Gong or the Teacher? This is a disgrace to a civilised government. This is a disgrace to the implementers of the law. No other country in history has acted with such absurdity.

We all know that in both common law and civil law countries, criminal laws can only restrict people's actions, not their thoughts or identities. The Chinese laws are no exception. However, in reality, a large number of citizens who practise Falun Gong are penalised or sent for brainwashing simply because of their identity of being Falun Gong practitioners. This is against the rule of law and is a brutal violation of the current criminal law principles. It is clear who is damaging the implementation of the laws. Therefore, brainwashing is against principles of the Constitution and the criminal laws, and has no legal basis.

As a lawyer, I am faithful to the laws and want to protect justice in society. I strongly urge the government to stop the brainwashing of Falun Gong practitioners. I speak not only from my conscience, the conscience of a Chinese person who is not afraid to stand up for his own belief, but also from my most fundamental mission as a legal professional in China.

Lawyer from Jinan City

Li Ruping

Note:

1. The 610 office is an agency specifically created to persecute Falun Gong, with absolute power over each level of administration in the Party and all other political and judiciary systems.