Mr. Yang Ming is 43 years old. He is a technician of Changjiang Machinery Co., Ltd. in Luzhou City. After 10 months of detainment, the Police and Justice Department of Jiangyang District, Luzhou City, Sichuan Province started a secret trial. The detention period from the arrest to the sentencing was more than a year which exceeds the legal period. The Procuratorate of Jiangyang District charged him with the crime of being in an "evil cult." Jiangyang District Court did not uphold the law and dismiss the trumped up charges, but instead, secretly tried Yang Ming and sentenced him to five years of imprisonment.
1. Arrest and detention exceeds legal period
According to article 124 of the Criminal Procedure Law, the detention period of a suspect cannot be over two months. If the case is complicated and it's impossible to end the investigation in the two month period, only one month can be added with the authorization of the upper level Procuratorate. According to article 168, the People's Court has to end a trial in one month. At most the trial period cannot be over one and a half months.
On March 13th, 2008, policemen from the National Security Group of Jiangyang District arrested Yang Ming. On April 18th, the Police Department of Jiangyang District issued a warrant of arrest. On January 8th, 2009, after Yang Ming was detained for 10 months, he was secretly tried in the Jiangyang District Court. He was sentenced on March 5th, 2009. His detainment was about one year, which is far exceeds the legal period.
The detention deprived the freedom of Yang Ming and caused losses to him and his family.
2. Secret trial in Jiangyang District Court
Yang Ming did not do anything against the law. In order find out more about Mr. Yang's situation, his family members tried many times to visit Mou Hongbin, the person in charge of Yang Ming's case. Mou Hongbin refused to meet them every time.
On January 8th, 2009, Yang Ming was tried without any pubic notice or notice to his family. Actually, in the morning of that day, Yang Ming's mother went to the court to ask Mou Hongbin how to defend Yang Ming in the trial. At the same time, Yang Ming was on trial! Mou Hongbin understood that Yang Ming's family members cared about the progress of the trial and wanted to know the time of the trial. She understood clearly that Yang Ming's family members and people caring about the case could sit in the court and listen to the whole trial. However, Mou Hongbin just told Yang Ming's mother on the telephone that she could not defend Yang Ming in the court without telling her that Yang Ming was being tried at the same time. Mou Hongbin intentionally did not disclose the trial and deprived the right of Yang Ming's family to sit in the court and listen to the trial.
Long before the trial, Yang Ming's mother sent an application form to Mou Hongbin to defend her son in court. However, Mou Hongbin never gave her any answer about the trial time and whether the application was granted. Up to January 8th, when Yang Ming was being tried, Mou Hongbin told Yang's mother by phone that she could not defend her son in the court.
According to the law, a relative can defend a family member. Yang Ming's mother wished to have a chance to defend her son. If there was any reason to prevent her from defending her son, Mou Hongbin should have told her in advance. However, she just kept delaying until the chance was completely lost. Yang Ming's mother was so upset and cried. She is more than 70 years old. In order to bring justice to her son, she went to the Procuratorate and the Court numerous times.
In the same way as Yang Ming, another Falun Gong practitioner, Shi Bangcai, was detained for more than 10 months. On January 8th, 2009, Shi Bangcai was tried in court. Before the trial, Mr. Shi's lawyer told his family that only one family member was allowed to be present.
3. Jiangyang District Court sentenced Yang Ming
On March 3rd, 2009, after talking to Mou Hongbin, Yang Ming's family members learned that he was sentenced to five years. Shi Bangcai was sentenced to three and a half years.
According to our investigation, Jiangyang District Procuratorate and Court not only frame Falun Gong practitioners using mass media, but also replace the laws with series of "explanations," "regulations," or "bans" in order to persecute Falun Gong practitioners.
According to what we know, in the past 10 years, more than 100 Falun Gong practitioners from Luzhou City were sentenced to forced labour camp or jail. Currently, 10 Falun Gong practitioners are detained in Naxi Detention Centre, Lu County Detention Centre, or Hejiang Detention Centre. They will face persecution and trials.
Chinese version available at http://minghui.ca/mh/articles/2009/3/13/197089.html
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