The Defendant? The Plaintiff!

Currently, under the Chinese Communist Party (CCP) rule, many ridiculous events have occurred, especially in dealing with the persecution of Falun Gong over the last ten years. Under pressure from the CCP, the judicial and public security agencies have turned into pawns and accomplices for the persecution of practitioners.

Those who are currently enforcing the law are actually breaking the law. As public awareness increases, righteous lawyers have appeared to defend the Falun Gong practitioners. Furthermore, these lawyers have converted these misled officials and judges into defendants themselves. This has allowed the public to see some hope for the future.

On March 25th, 2009, the lawyer defending practitioners Mr. He Yixing and Ms. Zhang Yueqin, husband and wife, in Tangshan City, Hebei Province, filed a complaint against a branch of the Lubei Public Security Bureau in Tangshan City. The lawyer used legal arguments to point out the illegal actions of the judge in charge of Mr. He's second trial. These actions serve as a warning to those who have abandoned morality in the legal profession and turned the defendant into the plaintiff.

In the charges, filed against the branch of Lubei Public Security Bureau, it mentions the following: "In the security bureau report it stated that officers Fan Xiaoyong and Liu Miao arrested Falun Gong practitioners Mr. He Yixing and Ms. Zhang Yueqin on January 10th, 2008, around 9 o'clock in the morning and subpoenaed to Lubei Public Security Bureau for questioning. However, upon examining the subpoena documents, the time was January 10th, 2008, at 10 a.m.. This indicates that the arrests were made before the two were subpoenaed."

According to Ms. Zhang, she and her husband were arrested on the morning of January 10th, without a warrant and they did not receive a subpoena. In fact, they were cleaning their windows when they saw the officers coming up to their window with a ladder.

The published regulations written by the Public Security Bureau for procedural handling of criminal cases states, "Depending on cases in question, it is legal to subpoena suspects for questioning and require them to appear at the assigned location within the county. It is necessary to file a 'subpoena' report together with other supporting materials to the Public Security Bureau above the county level for approval. Furthermore, in order to arrest someone, it is necessary to show an arrest warrant."

If the arrests were made because the suspects failed to appear after being subpoenaed, then there should be a record of the warrant in their files, but there are no such records. Furthermore, Mr. He and Ms. Zhang were listed by the officers as Falun Gong practitioners, not suspects of a crime. This being the case, what was the legal justification for the officers not filing warrants for their arrest, but arresting these people from their home without due process?

What is obvious is that the police officers broke into the couple's home and arrested the two without a warrant. This means that they violated criminal regulations 23 and 245. According to law, an investigation should be launched into these illegal activities, which appear more like a conspiracy.

There was no computer in Mr. He and Ms. Zhang's home. However, it is on the list of seized items. Clearly, they are being framed. The reason why a computer is listed in their possession is to "prove" that they used it for promoting Falun Gong materials using the Internet. The fact is that Mr. He and Ms. Zhang are both over sixty years old, have a low level of education, and do not know how to use a computer. There is no Internet connection in their home, anyway.

Another item on the seized list is: "711 CD's were seized on January 25th, 2008, by officers Fan Xiaoyong and Xu Laisheng. After examination, these CD's were found to contain Falun Gong materials." On September 1st, 2008, these CD's were destroyed by officers Liu Miao and Chen Hong. On the same day, Lubei Public Security Bureau formulated a prosecution prospectus indicating that 711 CD's were found in Mr. He's residence. The prospectus was sent through the prosecutor's office to the court and Mr. He and Ms. Zhang were sentenced based on this accusation. According to criminal law number 42, an article cannot be accepted as evidence for sentencing until it is proven to be a piece of evidence. When the article is destroyed, it cannot serve as evidence any more. Furthermore, to destroy evidence is a violation of the law. Hence, what has happened so far indicates that the officers and prosecutors are knowingly violating the law.

This report strongly suggests that these police officers are corrupt.

In the second phase of Mr. He and Ms. Zhang's trial, their defence lawyer turned in the "Trial Applications" on March 18th, 2009, to the judge, Chen Zhiqiao. At that time, the judge asked the lawyer for defence statements. On March 25th, the judge asked for the statements again. To ask for the defence statements at such an early stage is also against the law. For these reasons, the lawyer has written a letter to Judge Chen explaining that such statements are to be given in court during the trial. Providing defence statements before the trial is a violation of the law. Furthermore, the judge has not told the defence lawyer the composition of the collegiate bench. Thus, the lawyer has no information as to how to advise his clients. Furthermore, the judge has not yet replied to his "Trial Applications."

The police department and the courts are important service components of a country. Under CCP rule, however, their function is not to protect the public but just to do whatever the CCP wants. The only hopeful sign is that the people are beginning to see the real CCP and are trying to uphold moral standards.

Chen Zhiqiao is the judge in Mr. He Yixing and Ms. Zhang Yueqin's case.

Tangshan City Court:
Address: 48 Jianshe Road, Tangshan City, 063000

People on the collegiate bench:

He Yamin:86-315-2527024
Zhao Yamin:86-315-2527032
Li Fuqiang, Chi Yaying, Zhai Huihuan

Party committee:
Yang Xiujie, 86-315-2527130
Huang Guangjun: 86-315-2527131
Lu Jingze: 86-315-2527131

Chinese version available at http://minghui.ca/mh/articles/2009/4/4/198246.html