(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:

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.

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.

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.

"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):
Leader, Xiao Shuxiang: 86-311-7725449, 86-311-6033875
Instructor, Shang Pingru Extension 388
Assistant Leader, Ma Wensheng: 86-311-7726574

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
Head of Department, Li Jinke: 86-311-8607766
Deputy Head of Department, Sun Hai 86-311-8607778 (Responsible for reducing sentences, advanced release, more brutal, sometimes refusing to release detainees even if permitted to by the "610 Office")

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
Address: No. 22, Beijiao Street, Shijiazhuang City, Hebei Province, Post code: 050051: 86-311-7752350,86-311-7753569, 86-311-7776422, 86-311-7763488, 86-311-7776421, 86-311-7752749
Forced Labor Camp, Shijiazhuang City, Wang Jun: 86-311-7796666-60695 (Pager)

Wang Bingfang: 86-311-7754007-211, 86-311-7796666-60695
Political Committee: 86-311-7754007-101
Other address: No. 10, Beicheng Road, Shijiazhuang City Post code 050000: 86-311-7767140, 86-311-7797124, 86-311-7797145, Switchboard: 86-311-7754007

Forced Labor Camp Report Center, Address: No. 20, Beijiao Street, Post code 050051: 86-311-7752225
Shijiazhuang Forced Labor Camp Management Section, Section Leaders Zhao, Cao Jun: 86-311-7754007 extensions 207.203

Second Brigade, Shijiazhuang Forced Labor camp
Address: North BeiJiao Zhaolingpu Village; Postcode 050061
Switchboard: 86-311-7776345£¬86-311-7777689
Brigade Leader, Zhao Zhiqian: extensions 628, 663
Deputy Brigade Leader, Li Jinsheng: 86-311-7777689-619, 86-311-7796666-60816 (Pager)
Shi Jianzhong, Political Instructor, Second Brigade, Shijiazhuang City Forced Labor Camp; Police Officer, Dong Xingguo, Police number 1342330: 86-311-7777689 Extension 633
Second Intermediate Brigade Leader, Bian Shuqiang (especially vicious), Police number 1342428: 86-13603113288(Cell)
Second Intermediate Brigade Police Officer, Dong Xingguo, Police number 1342330: 86-311-7777689 extension 633

Branch Office of the Public Security Department, Shijiazhuang City (Address: No. 15, Tannan Road, Shijiazhuang City)
Director's Office: 86-311-6046234£¬86-311-6049296
Deputy Director, Liu Zijun (In charge of the persecution of Falun Gong) 86-311-311-6676214
Political Security Brigade Political Instructor, Li Yanbing: 86-311-6677321, Pager: 86-311-96777-21888
Leader, Political Security Brigade, Chi Yanguo, Assistant Leader, Hu GuangHui (Criminal organization for the persecution of Falun Gong): 86-311-6677321(Office), 86-311-6212954(Office)

Hedong Police Station, Shijiazhuang City, Hebei Province, address: No. 33, Jianhua Nanda Street, Post code 050000
Officer in charge of the case, Su Wenxing: 86-311-5052891, 86-311-5055880 86-13091001116(Cell), Pager: 86-311-96777-1116
Officer in charge of this case, Xu Tao: 86-13703392409(Cell) Pager 127-116
Police Officer, Yang Yuliang (main officer responsible for arresting the practitioners in this case)
Political Instructor, Li Huiyan (Main officer in persecuting Falun Gong): 86-311-505289186-311-5055880
Head of the Police Station: Wang Xilian
Deputy Head of the Police Station: Wang Xiangping
Deputy Head of the Police Station: Li Xudong
Police Officer: Zhang Lianduo

Tuolaji Sanshenghuo Region Police Officer: 86-311-96777-68
Tuolaji Sanshenghuo Region, Shijiazhuang City Residents Committee address: Huajian main Street, Postcode 050000