December 05, 2012 | By a Minghui correspondent in Heilongjiang Province, China
(Minghui.org) Mr. Wang Hongxing from Daqing City was illegally detainedon December 17, 2010, and formally arrested on January 13, 2011. The judge of Daqing City’s Honggang District Court of Daqing City, Zhang Xiuren, along with prosecutors Liu Yuehua and Qi Tinghua, were responsible for sentencing him to three years in prison on May 5, 2011 for “hindering the implementation of law.” Mr. Wang’s appeal was then turned down by the judges of Daqing City Intermediate Court, Su Min, Zhang Hua, and Zhao Peng.
Mr. Wang’s lawyer Jin Guanghong wrote the bill of indictment for Mr. Wang’s family member, formally accusing judges Zhang Xiuren, Su Min, Zhang Hua, and Zhao Peng Liu and prosecutors Yuehua and Qi Tinghua of illegally bringing charges, illegal detention and arrest, making wrongful judgments, and retaliation.
The complete bill of indictment:
Wang Hongxing’s actions are protected by the Chinese Constitution and laws, as well as international covenants and organizations that China is a signatory of. He did not “hinder the implementation of law.” The defendants were fully aware of Mr. Wang’s actions, but still wrongfully sentenced him. The persons involved violated the first regulation of article No. 399 of the Chinese Criminal Law and the regulations of the Public Servant Law and Judges’ Law. Our arguments are as follows:
Practicing Falun Gong and broadcasting information relating to Falun Gong over the Internet is protected by the Constitution and law in China. Taking measures against Falun Gong practitioners is against the law and should be prosecuted under civil or criminal law.”
The power of government originates from the constitution and laws. There is no law that gives the government the power to single out cultivation exercises as illegal. Thus, the extended and widespread persecution of a cultivation practice that has had positive influences both domestically and internationally is a violation of citizens’ rights.
If people practice a cultivation discipline and experience improvements in their health, and want to continue, that is a personal choice they are free to make. As long as the law doesn’t forbid it, people can do it. Why would you want to prosecute them? If you think that it is good, you can also practice. Abusing Falun Gong practitioners is a crime carried out by the government and has received widespread condemnation from the international community. The major offenders should be extradited to the International Criminal Court in the Hague for trial. Freedom of belief is a universally recognized value and is protected by international pacts as well as the Chinese Constitution, and should be adhered to.
According to Article 18 of the United Nations Universal Declaration of Human Rights, “Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.”
Mr. Wang’s use of the Internet to spread information about Falun Gong is a manifestation of the freedom of belief and freedom of speech and expression. It is an internationally recognized universal value and should be respected and protected by organizations of the Chinese judiciary. Article 35 of the Chinese Constitution also confirms that Chinese citizens enjoy the freedom of speech, and Article 36 confirms that Chinese citizens enjoy the freedom of religious belief.
Article 53 of the Public Servant Law and Article 7 of the Judges’ Law dictates that a Public Servant and a Judge must protect a Chinese citizen’s legal rights. Anyone who violates a Chinese citizen’s legal rights should be held responsible, including those public servants who execute the wrongful orders of higher authorities. Article 251 of the Chinese Criminal Law states that a public servant of a state organ who unlawfully deprives a citizen of his freedom of religious belief or infringes upon the customs and habits of minority nationalities shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention if the circumstance is serious.
Truthfulness-Compassion-Forbearance are universally accepted values. Is there anything wrong in promoting the speaking of truth, being kind to others, and being tolerant of each other? These are traditional Chinese virtues! The so-called evidence against Mr. Wang is just that he used modern technology to tell a historical truth and provided access for people to watch the analysis of China Central Television’s (CCTV) video clip of the self immolation on Tiananmen Square, False Fire. Do Chinese laws protect CCTV and ordinary citizens differently? Does CCTV’s news stand for truth and authority and therefore is not allowed to be criticized, analyzed, or questioned? It’s the same with theNine Commentaries on the Communist Party and General Discussion of Party Culture. As a ruling party, is the Chinese Communist Party’s (CCP) political actions and decisions always great and correct? Isn’t a citizen allowed to rationally analyze, question, and criticize it?
How can a party be so self-contradictory? If you have a different opinion from the Nine Commentaries and General Discussion of Party Culture, you can propose it and discuss it. Doesn’t a truth become even clearer the more you discuss it? Why use illegal means to suppress citizens’ differing opinions, and persecute people by depriving them of their personal freedom?
Article 254 of the Chinese Criminal Law states: “A public servant of a state organ who abuses his power, using his public offices for private gains in order to retaliate against or frame complainants, petitioners, critics or accusers or incriminate them on false charges, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention; and if the circumstance is serious, to fixed-term imprisonment of not less than two years and more than seven years.”
Mr. Wang’s spreading of Falun Gong information over the Internet is protected by the international pacts that China has signed onto, as well as the Chinese Constitution and laws. It’s also welcomed and encouraged by the CCP’s regulations. Violating Mr. Wang’s legal rights is against Chinese criminal law.
Mr. Wang is an ordinary Chinese citizen. What ability does he have to “sabotage the implementation of law or regulation?” Falun Gong practitioners are a loosely organized cultivation group without even a membership list. Every practitioner is free to come and go without coercion. There are no temples, rituals, religious roles, or properties as in ordinary religions. The texts are all about teaching people to behave according to the standard of Truthfulness-Compassion-Forbearance. How is that “evil?”
Article 300 of Chinese Criminal Law, in dealing with interference in the implementation of law, singles out “a person who organizes or uses a superstitious sect or secret society or an evil religious organization or uses feudal superstition.” A person, no matter what his status, no matter what method he uses, as long as he prevents the implementation of the law, should be punished according to law. There’s no need to single out someone doing so “while using a cult.”
However, the person who can prevent the implementation of law is often the one who holds power in the government. An ordinary citizen’s actions may violate the law, but it’s not preventing the implementation of the law. Under the current situation, Article 300 has become a tool used by certain people to carry out the persecution against Falun Gong practitioners, and that itself is a crime.
In our case, the judge of Honggang District Court of Daqing City, Zhang Xiuren; prosecutors Liu Yuehua and Qi Tinghua; and the judges of Daqing City Intermediate Court,, Su Min, Zhang Hua and Zhao Peng, ignored Mr. Wang’s legal rights, and carried out wrongful orders to sentence him and deprive him of his personal freedom, even though they were fully aware that Mr. Wang’s actions were protected by international pacts and the Chinese Constitution and its laws. They should be punished according to the law.
The arrest, prosecution, and sentencing of Mr. Wang is completely wrong, and those involved should be punished by the law. In the meantime, Mr. Wang’s freedom should be immediately and unconditionally restored. His confiscated personal belongings should be returned and his, as well as his family members’, financial and mental suffering should be compensated for. Those guilty of these actions should also apologize to Mr. Wang and his family members.
Chinese version available
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