Mr. Liu Jian Sentenced to Seven Years by Wenjiang District Court

A court hearing was held at Wenjiang District Court in Chengdu City for practitioner Mr. Liu Jian on July 15th. During the hearing Wang Yajun, a lawyer from Beijing, presented the case for his defence. Over seventy people attended the hearing, including staff at the court, officers from the police department, local government officials, as well as legal professionals and Mr. Liu's family members. The hearing ended just over an hour later. In a second court hearing on August 6th, Mr. Liu was sentenced to seven years.

Mr. Liu appealed against the court's decision and demanded an acquittal, as the authorities handling the case has confiscated a large amount of money from Mr. Liu and Ms. Liu Qi, his elder sister. Mr. Liu's family members then filed a complaint about this to higher authorities.

Mr. Liu has been arrested seven times

Mr. Liu is nearly 60 years old, and started practising Falun Gong in 1996. He has been arrested seven times since the persecution began in 1999. When he went to Beijing to appeal for Falun Gong, he was detained for over 20 days. Ten days after his release, he was arrested again when seen chatting with some friends, and was detained for over four months. Mr. Liu was arrested another time while distributing Falun Gong leaflets exposing the persecution and sent to a forced labour camp. Then he was sent to a forced labour camp again after being arrested on a train. When he was arrested at home, he was detained at a brainwashing centre for several days, and then he was arrested while out distributing Falun Gong materials exposing the persecution. But this time he managed to escape and became homeless to avoid further persecution. The police listed him on their Internet wanted list, and his family members were threatened, intimidated and followed by the authorities.

The last time Mr. Liu was arrested was on September 14th, 2009, at a residential building in the Wenjiang District. Over ten people from the Wenjiang District Domestic Security Division, the local 610 Office (an organisation of special agents just for persecuting Falun Gong) and Yunxi Police Station arrested him and three other practitioners. Mr. Liu was beaten and interrogated, and then sent to the Wenjiang District Detention Centre. Officers Xiao Yunlong and two others from Yunxi Police Station beat Mr. Liu so severely that he was unable to walk.

Lawyer's defence was strong and rational

The public prosecutor accused Mr. Liu of violating Criminal Law Article 300: utilising an evil cult to undermine the implementation of the law. Mr. Liu's lawyer made a strong case for the defence and stated:

The materials were made by Mr. Lui to promote Falun Gong and he did not use any other organisations for this purpose. The Ministry of Civil Affairs declared that the "Falun Gong Association" was an illegal organisation on July 22nd, 1999. Yet, the Falun Gong Association quit the Qigong Scientific Research Council long before that and no longer exists. Since a Falun Gong Association does not exist in China anymore, Mr. Lui would not be able to use any such organisation. The prosecutor could not answer how Mr. Lui could use a organisation that does not exist.

Making materials to promote Falun Gong does not violate any law in China. The prosecutor also could not answer how Mr. Lui has violated the implementation of the law.

Mr. Lui does not have any intention to hurt anybody or undermine the law. Several key elements of a crime are not established. Therefore, the prosecutor's accusation against Mr. Lui is not valid.

The lawyer also pointed out that China's Constitution, clauses 35 and 36, clearly define freedom of belief and freedom of the press. As Falun Gong is a spiritual belief, then believing in, practising and promoting Falun Gong belong to the area of religion. The criminal law and relevant judicial interpretations should not determine what is right or wrong based on a person's belief, and then sentence them for that belief. He went on to say that the Criminal Law Article 300 and related judicial interpretations have violated the Constitution, and therefore should not serve as a basis for convicting or sentencing anyone. The lawyer pointed out that Mr. Liu believes in Falun Gong and practises it for the purpose of keeping fit, and believes in Truthfulness-Compassion-Forbearance to become a good person.

The lawyer emphasised that there is no law in China that states Falun Gong is a cult, and it is not on the list of 14 cults as defined by the Ministry of Public Security. He suggests that the Criminal Law Article 300 itself is against the Constitution. The persecution against Falun Gong in China is against the law.

Approximately 70 people in the court were listening attentively and were fortunate to learn the truth about Falun Gong. Some even voiced their support for the defence lawyer's arguments.

Appealing the verdict

Twenty days after the trial, a second hearing was held, and Mr. Liu was sentenced to seven years.

When a verdict is announced, it must refer to specific claims of the defence and then explain why they accept or reject the defence's arguments. However, in the verdict against Mr. Liu, only a vague sentence stated that the defence council's rationale was contrary to the law. It did not have any specific references to the defence's views, nor did it say why it would not adopt the defence's views. The verdict did not address any of the issues raised by the defence.

Mr. Liu did not agree with the judge's decision and has appealed. Mr. Liu's family also asked the lawyer to help their appeal.

Trying to get their money returned

Over ten officers from the Wenjiang District Domestic Security Division, the local 610 Office and Yunxi Police Station went to Mr. Liu's home to arrest him on September 14th, 2009. They ransacked it and confiscated five laptops, a printer and other personal belongings. They also took over 20,000 yuan¹ in cash from Mr. Liu and his elder sister.

When 3,000 yuan in cash was initially taken from them, officer Xiao Yunlong from the Yunxi Police Station told Mr. Liu's family that they had submitted the money to the treasury. However, there was no record of it on the list of seized items. There was also no record of the other 20,000 yuan that was taken when they ransacked Mr. Liu's home.

Mr. Liu's family went to Yunxi Police Station on August 20th, and asked Xiao Yulong for the money to be returned to them. Xiao Yunlong found many excuses and even denied what he had previously said. In response to this, Mr. Liu's family has filed a complaint.

Note

1. "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://www.minghui.org/mh/articles/2010/8/30/229001.html