On September 12th, 2005, Panjin City's Xinglongtai Court held a secret hearing to levy criminal charges against Mr. Xin Minduo and his wife for their belief in Falun Gong. The couple are Falun Gong practitioners from Panjin City, Liaoning Province. Three days later, on the afternoon of September 15th, the court handed 13 year and 12 year prison terms to Mr. Xin and his wife, respectively. Their family members did not find out about this until September 20th, 2005, from a private source. At the same time, practitioners Hu Zhehui and Hou Yunfei were also illegally sentenced to 15 and 14 years in prison, respectively. The court did not even bother to inform their families.
There is no evidence of their "crime." The evil Communist regime's practice prevailed, as usual: arrest first, then fabricate "evidence."
Mr. Xin Minduo and his wife denied all charges. They appealed to the city intermediate court. Officials there believe that the cases were not clear and lacked evidence. The intermediate court dismissed the district court's verdict and sent the case back to the district court. The district court relayed the case to the district prosecutors office, which in turn handed the files back to the original investigators - the district National Security Police. The district National Security Police continued to fabricate "evidence" but their "evidence" later proved invalid in the court.
The National Security police have been arresting Falun Gong practitioners without due cause. They continue to make up so-called evidence. On December 12th, 2005, the Xinglongtai District Court tried Mr. Xin and his wife for the second time. During the previous court debate, policemen Xu Hao, Zhang Runqiu and Song Bo sat in the front row. This time only one sat in the front row; Xu Hao arrived late and sat in the back. Both families and lawyers were permitted to attend this hearing. District representative Pei Guangyan and prosecutor Wang Jianbo charged that Xin Minduo made three master discs in his rented apartment. But the verdict says that in 2003, during a body search, the police found three floppy discs. Agents from the district National Security Police had then said, "We body-searched him and found three discs that later were identified as master discs."
Floppy discs are not the same as master discs. They are two different kinds of things. This is how they made up false evidence to frame innocent people.
Xin Minduo objected in the court, "I did not have any disc with me at the time. They found and robbed me of 1,200 yuan1 in cash and of my mobile phone. Now these had become "discs." They also charged me with making these discs at my apartment, but that time I was living with my parents! I did not rent a place! All these things can be easily verified. These rumours of making three master discs are totally absurd."
In addition to Yuan Yinghua, National Security Police also claimed to have five other witnesses, but none of them appeared in court. Only "written testimony" was presented. The court denied the defendants' request to summon the witnesses. The testimonies from Lu Shengan, Wang Dali and Zhang Zhigang were basically the same: when the police came to Room 26-2-402, Qinghua Residence in 2003, six to seven people ran away. The police only arrested Xin Minduo. That's all.
When intermediate court chief justice Li Huizeng asked Xin, "What were you doing in Room 402?" Xin answered, "Visiting a friend." Li asked, "Who?" Answer, "Liu." According to landlord Huang Lirong, one renter's name is Li Gang, who is in his 50's, speaks with a southern accent, and is a businessman with a wife and children. But this evidence has nothing to do with Xin Minduo. The other three people could only testify that Xin was arrested in Room 402. All the evidence together could not prove that they found three master discs, or that Xin made these discs. The police had completely fabricated those accusations.
The prosecutor also claimed that in 2005, Xin Minduo made 1,100 CD's and other Falun Gong materials in Room 15-1-302 at the Tianan Residence. No evidence or witness was available to be presented at the first court hearing. The court officials had only some pictures showing the building complex where Xin's apartment was, a sofa, a chest and door. One picture showed a small pile of CD's on a yellow floor. Xin said, "These were not taken at my house." The evidence was denied in the court. The pictures demonstrated that the charges and evidence were not compatible and therefore unrelated.
In this court debate, the district National Security Police added some 20 photos showing all kinds of things. All the photos had a note with Xin's name on them. After reviewing the photos, Xin Minduo said, "In this photo album, only the first page is about my home, let's just use this page. The others are not related to me. You can bring as many photos as you want, but they are not related to me. I never had these 1,100 CD's and the flyers at my house." The prosecutor said, "These CD's are all related to Falun Gong; some are the Nine Commentaries on the Communist Party." Xin objected, "The CD's contents don't match what is in my computer. These testimonies show no seal or signature, so these are groundless fabrications. When you searched my house, my family and I were barred from my house. Your list includes things that we never had. Furthermore, you took many things from me without giving me a receipt, including a refrigerator, a washing machine, over 10,000 yuan in cash for which you later issued a receipt in the amount of 4,700 yuan. You even took my bank deposit note! How can you explain this kind of behaviour by the 'law enforcement' people? Is this list valid?"
Prosecutor Wang Jianbo was in total panic and struggled to find the right words to say. All the prosecutor's charges were completely refuted by Xin and his lawyer, one by one. Finally, Xin Minduo said, "I am innocent."
Following the December 12th court hearing, on December 15th, the court decided to uphold the original verdict. On December 16th, the court delivered the verdict to Xin Minduo. They stalled until December 19th to inform Xin's lawyer. The lawyer immediately told Xin's family the crazy verdict. Xin's family members told the lawyer that they would appeal again.
After the lawyer prepared the appeals documents and visited Xin in the detention centre on December 26th, he found out that the verdict was issued on December 16th. After Xin Minduo waited for several days and did not see his lawyer, he finally wrote the appeals himself. Xin had been illegally detained for almost six months by that time, and was very weak from the persecution. The lawyer submitted the formal appeal documents after the December 26th visit.
But under the control of the city Communist Party Political and Legal Committee and the 610 Office2, the Xinglongtai Court in Panjin City did not pay any attention to the evidence, the facts or the law. The court also disregarded the defence lawyer's position. They stubbornly insisted on upholding the guilty verdict. On January 26th, 2006, in a secret court debate, the court decided to uphold the guilty verdict.
Now let's look at the case against Xin Minduo's wife, Bao. The verdict states that in 2005, some 1,100 CD's and Falun Gong flyers were found in the Xin's residence.
Initially, Bao's case and that of her husband's were heard as one. This time, for unknown reasons, their cases were treated separately. On November 10th, the intermediate court returned the case to the district, and on November 18th, the case was referred back to the National Security Police. During this time, Bao's family members questioned police agent Xu Hao if the case was still with him. Xu Hao said angrily, "I have no need to tell you. You are looking for the officials everywhere. Sooner or later we will arrest you all!"
That is how it happened that even the accused couple's family members lost their rights to enquire. When the family came to the prosecutor's office, they were told the case was returned to the police, to gather additional evidence. The case was bounced back and forth. Two months later the family still didn't know who was proceeding with the case.
In addition to Xin's lawyer, nine other lawyers and a number of people also participated in a December 12th court hearing. All were witnesses to the judge and prosecutor's perjury. Despite all these contradictions, the intermediate court still upheld the verdict of 13 years.
Responsible parties and individuals:
Cheng Yajun, Panjin City Communist Party Committee secretary
Qi Jihui, City deputy Party secretary and Comprehensive Administration Office head
Liu Desheng, head of the City Political and Legal Committee
Chen Yougui, deputy head of the city Political and Legal Committee, 610 Office head
Liu Chuang, 610 Office deputy head
Yang Zhenfu, police chief and deputy mayor of Panjin City
Zhou Laixin, City National Security Police head
Liu Guangwei, City National Security Police political head
Li Yonghua, team leader, City National Security Police
Xu Hao, team leader, National Security Police of Xinglongtai District Police Department
Xing Daien, presiding court judge in Xinglongtai
Ma Li (woman) judge
Zhang Yue, Xinglongtai District Procuratorate head
Zhang Xilin, Appeals Section
Zhu Fuqi, chief judge, Panjin Intermediate Court, fax: 86-427-2825999
Li Changjun, judge, Panjin Intermediate Court
Zhou Liming, deputy judge (responsible for the December 12 court debate)
Pei Guangyan, Xingye District Procuratorate's Office
Wang Jianbo, Xingye District Procuratorate's Office
Wang, head of Xinglongtai District Political and Legal Committee
Chen and Chen Zheng, deputy heads of Xinglongtai District Political and Legal Committee
Yuan Yinghua, Tianan residence manager (perjured himself), phone: 86-427-2875090
Work Place: Xingshun community manager, Xinghai Residential District Management Office
Note
1. "Yuan" is the Chinese currency; 500 yuan is equal to the average monthly income of an urban worker in China.
2. "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.
Chinese version available at http://minghui.org/mh/articles/2006/2/2/119976.html
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