Five Practitioners in Hunan Province Sentenced to Three to Seven Years of Imprisonment

The Hecheng District Court of Huaihua City, Hunan Province, tried Ms. Zhou Ling, Ms. Yi Chunxiu and three other practitioners on October 28th and 29th. Upright lawyers from the local area and Beijing defended their innocence. After three months of detention, the Chinese Communist Party (CCP) district court handed down the verdicts on January 10th, 2009. Ms. Zhou Ling and Ms. Tang Kaiju rejected the ruling and have appealed to a higher court.

Ms. Zhou Ling was sentenced to three years in jail, Ms. Yi Chunxiu to seven years and Ms. Tang Kaiju, Ms. Tang Fangju and Ms. Xiang Aimei were all sentenced to three years jail and three years' probation. The "crime" committed was "sabotaging the implementation of the state's laws by utilizing an [slanderous word omitted] religious organization." The court ruling failed to specify what law each "perpetrator " sabotaged (specific objects of a crime) and how each of them sabotaged the law. It also failed to specify the degree of sabotage. In other words, the specific objects of their supposed crimes were not identified. The judge even quoted the lawyers' defence out of context. The judge's final assessment avoided the most important legal content, such as the fact that the ruling had no legal bases and the law applied to the prosecution was inappropriate. The so-called factual evidence confiscated--a computer, some other equipment and Falun Gong leaflets exposing the persecution, witness names and their testimonies, search notes, documentation on the arrests, as well as on the spot photographs and video recording--could not prove that the "perpetrators'" conduct and the objects noted were related to any illegal action. The "crimes" and the "perpetrators'" conduct were in fact totally incongruent. If a ruling has no legal basis then it could be considered as altering the defendant's intention or dismissed because the facts are unclear, illogical and and in violation of the state's legal principles.

From April to September of 2008, the 610 Office¹ of the CCP's Hecheng District, Huaihua City, the National Security Division and the police department arrested more than 30 local practitioners, all in the name of securing "peace" for the Beijing Olympics. In the lead up to the arrests, the police from the National Security Division and the police department followed the practitioners and monitored them whenever they left home. Ms. Zhou Ling, Ms. Yi Chunxiu and her sister Ms. Yi Qingxiu, who was not a practitioner, Ms. Xiang Aimei, Mr. and Mrs. Xie Bokai, Ms. Tang Kaiju and her husband Mr. Zeng Youliang, who was not a practitioner, Ms. Wu Xiaofen, Ms. Tang Fangju, Ms. Yao Zhumei, Ms. Chen Chujun and some other practitioners were arrested and their homes ransacked on May 27th. Ms. Yi Qingxiu was released after the police extorted 25,000 yuan² from her. Thereafter, Ms. Chen Chujun was sentenced to forced labour and Ms. Zhou Ling, Ms. Yi Chunxiu, Ms. Tang Kaiju, Ms. Tang Fangju and Ms. Xiang Aimei were all prosecuted.

When the practitioners' lawyers initially got involved in the so-called "Falun Gong Case," the CCP officials threatened them, warning that they "be loyal to the [state's] political agenda" and "keep to the Party stand." The officials did not allow them to read related case documents (the lawyers pointed out that the court had a guilty conscience so they appealed to the leaders at various levels, including the President of the High Court Gao Weimin) and tried hard to block them from getting involved in the case. The president of the court, with a sir name of Liu, and the presiding judge Wang Jingye, became worried when they were told about the upright defense lawyers, three from Beijing and one from the local area. Early that morning they called on the lawyers to cooperate with the court. The lawyers made it very clear that they would defend the practitioners in accordance with the law. The 610 Office, the National Security Division and the police department mobilized a large number of uniformed and plain clothes police to be present during the proceedings. Officials made an "announcement" shortly before the hearing that everyone who wanted to be in the visitors' seats needed to register their IDs and go through a body scan. Fifty to sixty police officers remained inside the court while many more waited outside. All sorts of police cars encircled the court building, leaving no room for people to walk except in the narrow space between the cars.

The in-court argument began at 8:30 a.m. and did not finish until 2:30 p.m.. During the argument, whenever so-called sensitive issues of the case emerged, judge Wang Jingye and prosecuting attorney Li Hua would cut in. They repeatedly interrupted the lawyers many times and rudely stated, "If you have a disagreement with the way we are doing things you can report us to your superiors. This is our way of doing things." They complained that the lawyers did not listen to their instructions. Judge Kuang immediately stopped the lawyers when they stated that Jiang Zemin [former leader of China and instigator of the persecution] could not be above the law and what he had said did not represent the law. The practitioners refused to appear in court with handcuffs and lodged a strong protest against the judge and the prosecutor for interrupting their lawyers during the proceedings: "Why didn't you allow our lawyer to speak? Is this a court or a fascist charade?" Police officers repeatedly told them to sit down. Their lawyers cooperated quite well, continuing to argue their case. They drew from various legal sources, including the Constitution, specifically referencing the right of freedom of belief and Chinese criminal law. Their references helped to pinpoint inherent flaws in the prosecution's presentation. They also talked about commonly held values among Chinese people to prove that Ms. Yi Chunxiu and Ms. Tang Kaiju were innocent. The lawyers clearly stated that to use criminal laws to deal with the practitioners was against the law.

According to statistical record, which revealed that more than 40 practitioners in Huaihua City had been sentenced to various lengths of imprisonment since the persecution began nine years ago. The defence aimed to provide the court not only with a review of just and appropriate legal process, but with accurate and up-to-date information regarding the facts of the persecution. The lawyers believed that, if after all the facts were made clear to the judge and the president of the court, a guilty verdict was still handed down, both of them would be guilty of perverting and sabotaging the law, simply because they blindly followed CCP directives.

Details of How the Five Practitioners Have Been Persecuted

1. Ms. Zhou Ling

Ms. Zhou Ling, 47 years old, was from Zhongfang County, Hecheng District, Huaihua City. She began to practise Falun Gong in 1996. In less than three months all her illnesses, including stomach trouble, haemorrhoids and gynaecological diseases disappeared. She had spent a lot of money on treating these illnesses, but before practising Falun Gong, nothing worked.

Ms. Zhou Ling was harassed and tortured many times. One day in 2001, Zhou Wei and Sun Jianjun from the Political and Security Section of Hongjiang City Police Department and an unknown woman broke into Ms. Zhou Ling's house. They arrested her after ransacking her house, which she was renting at the time, and detained her in the police department. In the evening the evildoers handcuffed her to a stool and did not allow her to go to bed. She was interrogated for two days. To protest against the detention, Ms. Zhou Ling went on a hunger strike for eleven days. The 610 Office released her only after they extorted two thousand yuan from her family. On the third day after her release, the evildoers from the city 610 Office, the neighbourhood committee and the Security Office of the textile factory where Ms. Zhou used to work, went to Ms. Zhou's home to harass her on a daily basis, which caused unending stress and anxiety to Ms. Zhou's family. Ms. Zhou Ling had no choice and left home without anywhere to go, living life as a refugee.

On July 7th, 2001, Ms. Zhou Ling went to Beijing to appeal for justice for Falun Gong. She was arrested and taken to the Tiananmen Square Police Station, where she was severely beaten up by the police. Two ribs were broken from the beating. Thereafter, she was detained at the Dongcheng District Detention Centre in Changping, Beijing City. She went on a hunger strike to protest the detention. Several prison guards pressed her to the bed and a prison doctor inserted four acupuncture needles into her ankles and then connected them with an electric current, in an attempt to force her to write a confession. Ms. Zhou Ling went on a hunger strike for fifty-five days and the prison doctors gave her unknown injections that damaged her nervous system. She was almost blind in both eyes, suffered memory loss and an unsteady gait, had no sense of direction, and had lost weight. She could not even recognize her family members. She was later transferred directly to Baimalong Women's Forced Labour Camp in Zhuzhou, Hunan Province and sentenced to two years of forced labour. Since Ms. Zhou refused to renounce her belief in "Truthfulness-Compassion-Forbearance," the labour camp extended her term of detention for six more months. Upon returning home, she continued to practice the five sets of exercises and in less than one year she had fully recovered. Her family witnessed the wonders of Falun Gong.

At around 1 p.m. on May 27th, 2008, Ms. Zhou Ling was at her younger sister's home. All of a sudden the house was encircled by CCP officials from the Huaihua City 610 Office, officers from the local police department, the national security department, Tuoyuan Police Station and Yingfeng Police Station. Ms. Zhou's parents, as well as her sister and brother tried to stop the police from taking Ms. Zhou away. Her father was very angry and defended his daughter with all his strength. He pushed several policemen to the ground and Ms. Zhou's mother used her shoes to slap the police. She said, "The wolf wants to bite people and I need to protect my child!" Ms. Zhou's brother and sister all shouted at the top of their lungs, "The policemen are beating good people!" 610 Office officials called in more than 50 special police for reinforcement. They forcefully took Ms. Zhou, who was at her sister's home. Then the police confiscated the only desktop computer in the house and two laptops, as well as two mobile phone sets. Ms. Zhou was sentenced to three years imprisonment and is currently being held at the No. 2 Huaihua City Detention Centre.

2. Ms. Tang Kaiju

Tang Kaiju, 44 years old, was a farmer from Sifangtian Village, Shimen Township. She was arrested by the police from the shop she owned in Mudan Garden of Hutian Development Zone in the afternoon of May 27th, 2008. During the process, Ms. Tang, her husband Mr. Zeng Youliang and her daughter (both were non-practitioners) strongly resisted the arrest and explained the facts of the persecution to them. Ms. Tang's family all shouted at the top of their lungs, "They are persecuting kind people! The CCP is arresting good people in broad daylight." The 610 Office then called in a dozen or so special police and arrested the family of three. Later, Mr. Zeng and their daughter were released. Ms. Tang's mother, who was over 80 years old, went to the court every day to request the release of her daughter. Ms. Tang was sentenced to three years in jail and three years' probation. She is home now.

Before practising Falun Gong, Ms. Tang was practically disabled. Her nerve endings were so damaged, exposure to cold water, even in the winter, did not affect her. She suffered from hepatitis and some other illnesses. She had an extremely bad temper and would flare into a rage very easily. Her husband and her neighbours were all very much afraid of her. However, Ms. Tang completely changed into a new person after she started practising and the changes shocked her husband: "I was deeply moved, so I quit cigarettes, wine and playing cards." Ms. Tang said, "Falun Gong not only saved me, but also saved my husband."

In the summer of 2000, Ms. Tang Kaiju and four other local practitioners went to Beijing together to appeal for Falun Gong. Ms. Tang was arrested, detained for 15 days and extorted out of 2,500 yuan. Wang Jigang was the head of the Shimen Township Political and Legal Commission at that time. Recently, the 610 Office and local police attempted to take Ms. Tang to a brainwashing centre but failed, owing to her husband's strong resistance.

3. Ms. Yi Chunxiu

Ms. Yi Chunxiu, 52 years old, was from South Jinxi Road, Yingfeng Neighbourhood Committee in Hecheng District. She was arrested and sentenced to forced labour several times. She was arrested once again before the Beijing Olympics and the police confiscated half a truck load of goods, including computers and a lot of personal items. This was her fourth arrest. She was sentenced to seven years of imprisonment and is currently being held at Huaitie Detention Centre.

In May 2000, over a dozen officials from the District 610 Office, the political and security division of the police department and the Tuanjie Neighbourhood Committee, ransacked Ms. Yi's home because she planned to go to Beijing to appeal for Falun Gong. The evildoers confiscated Falun Gong books and extorted 1,500 yuan. On December 12, Yi Shuyong, former head of the National Security Division, along with five or six policemen, arrested Ms. Yi while she was visiting a fellow practitioner. She was detained for a month. The police took more than 1,000 yuan from her.

On June 6th, 2001, Ms. Yi Chunxiu was arrested while distributing leaflets exposing the persecution of Falun Gong at Zijianggongping. The police pulled her hair and dragged her for several hundred meters. They also kicked her and beat her with an umbrella. The beating was so hard that the metal handle of the umbrella broke into three pieces. At the Zijiang Detention Centre, Ms. Yi was handcuffed on several occasions. She was once handcuffed for more than 13 hours. The head of the detention centre, surnamed Zhao, punched and kicked her. As a result, she was black and blue in over a dozen places. She was detained for three months before she was sentenced to one year of forced labor. After returning home, she continuously explained the truth of the persecution to the people in the community and to the appropriate authorities. Ms. Yi was under great pressure, compounded by the fear that her husband was on the verge of a mental collapse. The persecution brought grief and anxiety to a peaceful family. At 9 a.m. on February 22nd, 2005, Ms. Yi was arrested at her own grocery shop at Yingfeng Market. She was forcefully carried away by six people wearing helmets. The arrested was carried out under the direct orders from the local 610 Office.

4. Ms. Tang Fangju

Ms. Tang Fangju, over 60 years old, is a retired teacher who lived in the dormitories of the city education bureau. On May 27, 2008 Ms. Tang was arrested and her home ransacked. A large quantity of leaflets exposing the persecution of Falun Gong was confiscated. The Yingfeng Police Station phoned Ms. Tang's father, who was 86 years old, to tell him that she was arrested and had been sent to the Huaihua City No. 2 Detention Centre two days later. Because of her poor health, she was sentenced to three years of detention and three years' probation. She was then released on bail.

5. Ms. Xiang Aimei

Ms. Xiang Aimei and her husband Mr. Xie Bokai, both over 60 years old, are from Hongjiang City. Before retiring, Ms. Xiang worked for Anjiang Township Government (now Hongjiang City). She and her husband explained the facts about Falun Gong to the people in their community. On May 27th, 2008, they were arrested by the evildoers from the Huaihua City 610 Office and their home was ransacked as well. A large amount of Falun Gong materials were confiscated. Under the enormous pressure and threats, Ms. Xiang cooperated with the court during the hearing and appeared in court to give "evidence," in an effort to protect herself from being punished. However, she was still sentenced to three years in jail and three years' probation.

Hecheng District Court, Huaihua City:

Kuang Jie, Judge: 86-13107152028 (Mobile), (the person directly responsible for the trial)

Shu Yong, Judicial Officer: 86-13789286309 (Mobile), (involved in deciding the verdict)

Teng Li, Judicial Officer: 86-13874519686 (Mobile), (refused to give lawyers the case documents and involved in the deciding the verdict)

Wang Jingye, Judge: (the person directly responsible for the trial) involved in deciding the verdict

Secretary: Yin Qian

Judicial Officer: Qiao Yan

an Jianping, Director of Hecheng District Court Executive Bureau, Huanihua City

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.

2. "Yuan" is the Chinese currency; 500 yuan is equal to the average monthly income of an urban worker in China.

Chinese version available at http://minghui.ca/mh/articles/2009/2/9/195123.html