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Six Shijiazhuang Falun Gong Practitioners, Owners of a Legally Established Business, Are Framed by Police and Sentenced to Forced Labor By Shijiazhuan City Falun Gong practitioner
(Clearwisdom.net) Shijiazhuang City, Hebei Province Falun Gong
practitioner Huang Wei and some other Falun Gong practitioners established a
company, selling clothes and pharmaceuticals. The police from the Hedong Police
Station framed and arrested them, subsequently sending them to forced labor
camps. The public security officers were in violation of Penal Code Number 238
that discussed unlawful custody, Penal Code Number 243 addressing false
accusation, Penal Code Number 248 that deals with maltreatment of individuals
under supervision, and Clause 36 of the Constitution of China that grants
citizens freedom of religious belief. In the afternoon of April 13, 2004, Yang Yuliang, a police officer from the
Hedong Police Station, requested practitioner Huang Wei to come to the police
station under false pretenses. Upon arriving there, he was immediately
unlawfully detained. Police officer Yang Yuliang then went to Huang Wei's place
of business to arrest Falun Gong practitioners Ms. Miao Jiantao, Zheng Hai and
Ms. Qiu Liying. Zhuo Guibiing, a Falun Gong practitioner who was delivering
goods, and Zheng Hai's girlfriend were also arrested. The police searched and
ransacked the place of business and confiscated their private property. The
police officers did not follow legal procedures. Family members of those
arrested were not informed until 24 hours later and the locations where they
were held were not disclosed. Furthermore, the reasons for the arrests were not
provided. Huang Wei, Miao Jiantao Zheng Hai, Ms. Qiu Liying and the other two
individuals were detained at the criminal custody detention center. As they
refused to eat or drink, they were sent back to the police station for 37 days
of detention. Family members were not allowed to visit. The police at the
station repeatedly interrogated them. They placed the fingerprints of others on
the documents, fabricated false evidence and unlawfully sent all six to a forced
labor camp. Ms. Qiu Liying went on hunger strike after her arrest. After more
than 40 days, her life was in danger. The police still refused to release her.
Huang Wei and Zheng Hai were sent to the Second Brigade of the Shijiazhuang
Forced Labor Camp. Qiu Liying was in critical condition, and the forced labor
camps refused to accept her. She was then sent home, but remained under
probation with supervision. The Shijiazhuang City Police Station officers
tortured Miao Jiantao cruelly. They chained his limbs together, which allowed
Miao to only squat in one position. Miao's tuberculosis resurfaced and only then
was Miao sent for medical parole with supervision. The whereabouts of the other
two persons are unknown. At the end of 1999, Huang Wei was sentenced to forced labor for three years
and charged with "unjustified appeal," because he practiced Falun
Gong. Review of established and enacted law articles and clauses does not
disclose a section discussion "unjustified appeal." However there is
one clause that stipulates that the legal rights and interests of people who
appeal must be protected (the State Council Appeal, Appeals Section, Clause
Number 1). At the forced labor camp, the police tried to force him to give up
Falun Gong and write the four statements (reveal and criticize statement,
repentant statement, Guarantee Statement and resolution statement). After
passing through detention at three forced labor camps, suffering severe torture,
including 15 days of sleep deprivation, many scars could be seen on his head, he
was psychologically traumatized and his life was in critical condition. After Huang Wei was released from the forced labor camp, his friends assisted
him financially to establish a business to trade clothes and to act as a
pharmaceutical agent. He rented an office, which he used as a storeroom as well,
at the Tractor Factory Hostel in Block 19, Unit 301. He managed the company with
Falun Gong practitioners Miao Jiantao and Zheng Hai, who had been dismissed by
their previous employers for their practice of Falun Gong. Practitioner Ms. Xing
Lihong was the girlfriend of Zheng Hai. They were soon to be married and she
often consulted Zheng Hai for advice. Qiu Liying was unlawfully sent to a forced
labor camp at the end of 1999, where she was severely tortured. After she
completed her three-year sentence, she was sent to a brainwashing center for a
year and was not released until early 2004. By then, her work unit had dismissed
her and she had no source of income. She got a job selling clothes at the
market, on a commission basis, so she could earn a living. Because these
practitioners were sincere, kind and honest, their business was successful.
Unfortunately, just because these individuals conducted themselves according to
the principles of (Truthfulness, Compassion and Tolerance), wanted to be good
people, they were again persecuted for no reason. Below, given the unlawful arrest of these six Falun Gong practitioners, we
would like to review the legality of these arrests, under established laws: 1. The Issue of Evil Religion These six Falun Gong practitioners were arrested and sent to forced labor.
They were accused of being "suspects in practicing an evil religion with
intent to disrupt the execution of laws." No legal basis can be established
for this accusation. On October 30, 1999, the Standing Committee of the National
People's Congress passed the "Resolution Regarding Suppressing Evil
Religious Organizations, Guarding Against and Punishing Activities of Evil
Religions," based on Penal Code Clause 300, which lays down the language
for "Crime of organizing and using superstitious sects, secret societies
and evil religions or using superstitions to disrupt national laws and
administration of laws and regulations." Such law only applies to the
question of the penalty for maintaining evil religions, but is in no way
referring to Falun Gong. Clause Number 3 of the Penal Code states: "A
criminal act must be dealt with in accordance with the language of the written
laws." Falun Gong is not an "evil religion," and to convict Dafa
practitioners on grounds of "evil religion" is illegal. The action of
the police thus violated Clause Number 243 of the "Penal Code," as the
police had committed a crime by falsely charging Falun Gong practitioners. 2. The Issue of Criminal Detention Specific conditions, before charging with criminal detention, are stipulated
under "Laws of Criminal Litigation," Clause Number 61. This Clause is
directed at individuals committing a crime or against those where sufficient
evidence against the individual is present. Furthermore, this clause may be only
applied under the following seven situations: (1) when a crime is about to be
committed, during the execution of a crime or a crime was exposed immediately
after it was committed. (2) If there is a crime victim or a witness to the
crime, able to identify the criminal. (3) When there is evidence of a crime at a
specific location . (4) After committing a crime and attempting suicide as an
escape or in the process of escaping. (5) Where there is destruction or
fabrication of evidence, or the likelihood of collusion to cover up the
evidence. (6) Refusing to give the correct name, address if the identity is not
known. (7) When there is suspicion of circumvention, of having many criminal
offence records, or committing crimes in a group. The procedures followed in the detention of these six Dafa practitioners were
in violation of laws and regulations. The Dafa books and materials found at the
office were matters of personal belief, and the contents of those materials were
only teaching people to be good. These materials are not subversive in nature
and do not promote criminal intent, whatsoever. Yet the police used them as
"evidence." The "Laws of Criminal Litigation," Clause Number
64, stipulates that the Public Security officers must produce the certificate of
detention when they arrest anyone, the family of the arrested person and the
work unit must be informed within 24 hours, and the letter of detention must
also be sent to them. The police officer just forcibly took the practitioners
away, not bothering to conform to any of the conditions stipulated by the law.
In accordance to "Penal Code" Clause 238, the arrest of the six
practitioners was unlawful. 3. The Issue of Conducting Searches The "Laws of Criminal Litigation," Clause Number 111, stipulates
that to conduct a search, the officers must produce the search warrant against
the person being investigated. "Penal Code" Clause Number 115,
stipulates that for any confiscated material, an inventory of the materials must
be made in duplicate, at the time of confiscation, and signed or stamped with
the seal of the individual conducting the investigating, a witness and the
person under investigation. One copy of the inventory must be handed to the
person under investigation, and a copy retained for future reference. But the
police officers unlawfully entered the office premise of the practitioners and
without following legal procedures arrested the people, searched the premises
and rummaged through their personal books, articles, and merchandise. Their
action violated "Penal Code" Clause Number 245 and hence the search
was unlawful. 4. The Issue of Forced Labor "The Resolution on the Issue of Forced Labor by the Justice
Department," Clause 1, "Issue of Trying Out Methods of Forced
Labor," Clause 10, instructs on the reasons and causes that allow
sentencing to forced labor: (1) Minor criminals, not punishable by the Penal
Code like counter-revolutionary elements, anti-Party and anti-social elements,
(2) those not punishable by the Penal Code, such as murderers, robbers, rapists,
and arsonists, (3) those not punishable by the Penal Code, but are incorrigible
hoodlums, prostitutes, thieves, and swindlers, (4) those involved in gang
assaults, provoking public disturbances, instigators of public disorder and
creating social disturbances, but are not punishable by the Penal Code, (5)
those who have work, but reject working and cause disciplinary disorder,
production problems, disrupting social order, hindering official business, and
refusing to accept advice to cease to be such, and (6) those instigating or
abetting others to commit crimes but are not punishable by the Penal Code. The conduct of the six Falun Gong practitioners does not fall under any of
the aforementioned six categories. In accordance to the Constitution that stipulates: "Citizens have the
freedom of speech, publication, association, demonstration and rally," The
practitioners clarifying the facts were just exercising their legitimate rights
and therefore must be protected by the laws. The police officers have violated Clause numbers 5, 27, 33, 37 and 38 of the
Constitution; Clause numbers 2, 4, and 397 of the Penal Code; Clause numbers 2,
6, 42, and 44 of the Laws of Criminal Litigation, Clause numbers 1, 2, 3, 4, 6,
20, 22, 33, and 50 of the Laws Governing the People's Police. Because of limited
space, each of the clauses will not be shown here. Names of individuals and work units involved in the persecution: Zhang Shiyu, Officer in charge of the Public Security Department,
Shijiazhuang City and Deputy Head of the Division for the Persecution of Falun
Gong practitioners: 86-311-7026911-3828(Office) Director of the Public Security Department, Shijiazhuang City:
86-311-7026911-3001 Deputy Director: 86-311-7026911-3352, 86-311-7026911-3731,
86-311-7026911-3006, 86-311-7026911-3859, 86-311-7026911-3735,
86-311-7026911-3895, 86-311-7026911-3820, 86-311-7026911-3893,
86-311-7026911-3890. Registration room, Public Security Department, Shijiazhuang City:
86-311-7023296 (83, Minzu Road) Political Defense Detachment, Public Security Department, Shijiazhuang City
(phone numbers not fixed due to frequent exposures): Intermediate Brigade Leader, Liu Fang, Section Leaders, Li Ruihai, Wang
Xiaofeng (Main officer in charge of religious affairs), Zhang Qiuli, Police
Officers: Ma Yong, Li Yong and so on, Office phones: 86-311-7026911 extension
376, 86-311-7026911 extension 386, 86-311-7026911 extension 318, 86-311-7022021 The "610 Office," Public Security Department, Shijiazhuang City:
86-311-7026911 extension 3381 Superintendent Office: 86-311-7026911 extension to Superintendent office (83,
Minzu Road) Law Administration Office: 86-311-7026911 extension to Law Administration
office (83, Minzu Road) (3190) Forced Labor Committee, Hebei Province, 36, Youyi Dajie, Shijiazhuang City,
Post code: 050000 Management Office: 86-311-8607850£¬86-311-8607851£¬86-311-8607848£¬86-311-8607840
(Supervisor Zhang) Discipline and Investigations Committee, Ms Yu 86-311-8607844 Director of Forced Labor Camp, Shijiazhuang City, Zhao Yunlong Wang Bingfang: 86-311-7754007-211, 86-311-7796666-60695 Forced Labor Camp Report Center, Address: No. 20, Beijiao Street, Post code
050051: 86-311-7752225 Second Brigade, Shijiazhuang Forced Labor camp Branch Office of the Public Security Department, Shijiazhuang City (Address:
No. 15, Tannan Road, Shijiazhuang City) Hedong Police Station, Shijiazhuang City, Hebei Province, address: No. 33,
Jianhua Nanda Street, Post code 050000 Tuolaji Sanshenghuo Region Police Officer: 86-311-96777-68 Posting date: 8/20/2004 |