(Clearwisdom.net) Ms. Wang Bo, 27 years old, graduated from the Central Conservatory of Music in China and lived in the Tan'gu District in Shijiazhuang City. Ms. Wang was fortunate to see her parents practice Falun Gong and miraculously regain their health, so she also became a practitioner. After the persecution began in 1999, they were imprisoned in forced labor camps for three years. They suffered inhuman torture. Now, they are imprisoned again.
Ms. Wang Bo was constantly monitored during her college years. She was taken to a forced labor camp at the age of 19 and then to a juvenile prison. In April 2004, CCTV [China Central Television and China's largest government controlled television channel] interviewed Ms. Wang's family in prison and edited the interview to twist the facts and slander Falun Gong. When Ms. Wang gained her freedom in July 2005, she made a film to reveal the brutality and lies behind the falsified interview with CCTV three years earlier. The CCP minions were furious and mobilized a large police contingent to find her. On July 27, 2006, Ms. Wang and her parents were arrested in Dalian City. On February 1, 2007, the Chang'an District Court in Shijiazhuang City sentenced them to a 4-5 year prison term.
Ms. Wang's relatives hired six attorneys to defend the family. In court, attorneys Li Heping, Li Xiongbing, Zhang Lihui, Li Shunzhang, Teng Biao, and Wu Hongwei pointed out 13 constitutional violations arising from the arrest. The six attorneys' defense claimed "Constitutional supremacy and innocent belief." They defended Falun Gong based on the law drew international attention. However on May 9, 2007, the appeal court secretly decided to uphold the earlier ruling.
The following describes how the CCP minions abused their power in the persecution of practitioner Ms. Wang Bo.
I. National Security Department's Violations of Laws
1. Secret Arrests
On July 27, 2006, a group of plainclothes police broke into Ms. Wang Bo and her parents' temporary housing. They grabbed Ms. Wang and her mother, both in their underwear, and dragged them into a police car. An officer from Dalian City pulled Ms. Wang's hair and slapped her cruelly. Officer Li Ziying told Ms. Wang with hatred in his voice, "Do you know how much effort it took us to find you?"
On their way to Hebei Province, they stopped by the Lulong Detention Center. A national security guard in Qinhuangdao City slapped Ms. Wang. National Security guards Han Xueqing and Li Yong from the Shijiazhuang Public Safety Bureau took Ms. Wang and her mother. On July 30, 2006, Ms. Wang and her parents were detained at the Hebei Province Brainwashing Center. On August 29, 2006, Ms. Wang and her mother were taken to the Shijiazhuang 2nd Detention Center and her father to the Zhao County Detention Center. The police transferred them so their relatives and friends wouldn't be able to find them.
2. Illegal Detention
Ms. Wang's family was arrested on July 28 and they didn't receive the directive of residential surveillance until August 2. According to the "Regulations of Criminal Case Procedures for Public Safety Institutes," the public security can hold the Wang's for no more than 24 hours.
3. Torture
On August 29, 2006, Ms. Wang went on a hunger strike. Guard Yan Lingxia and Doctor Qin (given name unknown) force fed her on September 2. As a result, her face, neck, and limbs were bruised. On October 2006, she went on a hunger strike again. Yan threatened that if she did this, all 40 people in her unit could no longer buy daily necessities. On March 19, 2007, her mother, Ms. Liu Shuqin, protested their having to knit sweaters and do laundry for the families of the female guards. The guards handcuffed Ms. Liu to two iron bars and wouldn't release her. She had to be helped when she needed to relieve herself. At night, she had to sleep against the wall. This lasted until April 9. Ms. Liu went on a hunger strike on March 22 and so the guards stopped torturing her.
Ms. Wang heard her mother was tortured and went on a hunger strike to support her. Dr. Qin force-fed her. Guards Liu Juan and Yan Lingxia watched her around the clock and wouldn't allow anyone in her unit to buy daily necessities, including sanitary napkins.
4. Torture During Interrogation and Deception
At the first trial, Ms. Liu Shuqin claimed that she was tortured during interrogation. Her statement was put on record but wasn't investigated. At the second trial, Ms. Liu made the same statement but the second trial court did not allow her statement on record and refused to investigate.
Ms. Wang Bo's father, Wang Xinzhong, described in detail how he was tortured during interrogation. National security agents Li Yong, Zhai Meng, and Gong Mouli threatened him into repeating what to say in court. They claimed that by doing this he would regain his freedom. Fearing that he couldn't get through the torture due to his old age and deteriorated health, he wrote the statements as the officers required and signed the paper.
5. Embezzled Money and Clothes
The police from national security of the Shijiazhuang Public Safety Bureau stole 41,057 yuan in cash from Ms. Wang Bo's house. They did not provide a receipt.
6. Framing and Accusations
Evidence collection procedures by police were illegal. Electronic evidence was not sealed and could easily have been tampered with.
Evidence from the Shijiazhuang Public Safety Bureau indicated that the hard drive of a laptop, a CD, a removable hard drive, a flash disc and a PDA were confiscated but not sealed. Ms. Wang stressed during the court proceeding that an officer in Dalian City mentioned seeing music files on her computer. If it was freely accessed by officers, the computer could have been tampered with.
II. CCP Procurators and Judges Violate the Law with Impunity
1. Judges and Party Officials Interfere with Defense Lawyers
Chief Judge Lv Ling and judges Liu Bin and Pei Weihua that heard the case during the second trial at the Shijiazhuang Intermediate Court, secretly reported to the Beijing 610 Office and the bar association concerning the trial.
On March 13, 2007, the Beijing Judicial Bureau pressured Attorney Li Heping into withdrawing from the case. On March 16, national security officers from the Beijing Public Security Bureau went to Attorney Li Heping's office and warned him to "be aware of the effect [on his career] when taking sensitive cases."
On March 28, 2007, a Vice Principal from the China University of Political Science and Law, Attorney Teng Biao's place of work, told Teng that he had to withdraw from Wang Bo's case or lose his job. At the same time, Attorney Zhang Lihui received a call from the Judicial Bureau, asking details about Wang Bo's case.
2. Trials Not Open to the Public
On April 27, 2007, the Shijiazhuang Intermediate Court tried Wang Bo's case. The day before, 27 people had registered to attend the trial. That afternoon, all family members and practitioners who registered for the trial were threatened and harassed. Some were even put under house arrest. On the day of the trial, every police station in Shijiazhuang and nearby town sent police to stand in front of the court to arrest those who came to the hearing. Despite the attorneys' objections, only five people were allowed to sit in the court.
Wei Shuzhen, the chief judge reprimanded the police, "Why did you let so many people in? What are the police doing outside?"
Those who were allowed to attend the trial were judges, government officials, and police officers. Shijiazhuang TV was recording the process. One person was taking photos. There were two cameras. This was the "open trial" the CCP promised.
3. Abuse of Judicial System
There is no law in China that ties Falun Gong to a cult practice. But whenever a practitioner is on trial, the CCP will use "crimes of using cult organization to violate the laws" to prosecute and sentence practitioners.
When Ms. Wang's attorney asked what cult organization did she use to break existing laws, the district attorney claimed "everyone knew Falun Gong is a cult". The defense attorney asked for sufficient evidence to support his claim that Falun Gong was a cult, since this directly related to Ms. Wang's and millions of practitioners' freedom. The District Attorney remained silent.
4. Using the Judicial System to Replace Legislation
The CCP's charges against Falun Gong have no basis. There isn't any law to support the persecution. It is truly the CCP's persecution against Falun Gong.
In October 1999, the CCP's two supreme courts placed Section 300 in its Criminal Law and enacted two judicial laws based on it. However, explaining a law shouldn't be mixed with creating new laws. The CCP decided Section 300 to be the base for suppressing Falun Gong. However it was remanded in 1997 and has nothing to do with Falun Gong. The documents the supreme courts used to frame Falun Gong were baseless and based purely on the two new laws enacted by China's Supreme Court. Documents that are void of facts shouldn't become evidence in a trial.
No. 5 in Section 8 of Legislative Law states clearly that only the People's Congress or Standing Committee of the People's Congress can enact laws. Section 42 in the Legislative Law states that only the Standing Committee of the People's Congress can interpret laws. The Supreme Court lacks the authority to make and interpret laws. The Supreme Court therefore violated the Legislative Law.
5. CCP Judges Violate Lawyers' Right to Present a Defense for their Clients
In a full court, a chief judge, two judges, and a secretary to record the process must be present. A full court should work independently. The District Attorney must collect evidence from public security and present it in court. After the defense attorney questions the evidence, the judges render judgment based on the evidence and the full court will render judgment. The judges in Wang Bo's case frequently interrupted the defendant and defense lawyers. The court and the District Attorney colluded to throw accusations at Wang Bo.
Judge Liu Bin interrupted the defense lawyers and made fun of the lawyer presenting his rebuttal. Chief Judge Lv Ling repeatedly interrupted the defense lawyer and ordered him to end his presentation. Lv prohibited the defense lawyer from talking about freedom of belief and asked him only to speak of the facts and evidence. After the trial, when the defense lawyer attempted to modify his notes, the judge ordered the court officers to seize them. The notes were torn into pieces.
6. District Attorney Threatens and Insults the Defense Lawyer
When the defense lawyer remarked that the District Attorney's evidence was not admissible to the proceedings, the District Attorney accused the defense lawyer of being in cahoots with Falun Gong and having ideological problems. Then he threatened to frame and retaliate against the defense attorney in front of the entire court. This is in reality an unpardonable offense during criminal litigation.
7. Court Officers Beat Attorney
Attorney Teng Biao didn't defend Wang Bo because he worried about his safety after receiving threats from CCP minions. However, he sat in on the trial. After the court was adjourned, Teng waited for the other attorneys. A group of court officers pushed Teng from the court room and began to beat him. Four officers threw Teng down the stairs. One of the officers hit Teng's head and another kicked him in the lower back.
Teng protested and let it be known that he was an attorney, and witnesses tried to stop the beating. Teng had dirt on his suit and lost half of his sleeve. Teng lost his laptop during the beating, but a kind person grabbed it from a court officer's hand and returned it to Teng.
Attorney Teng Biao has a Ph.D. in law and is a professor at China University of Political Science and Law. Teng won the top ten legal award in 2003 and award of social achievement presented by the Gleitsman Foundation.
8. Judge Denies Bail
On February 2, 2007, Wang Bo's father Mr. Wang Xinzhong appealed his conviction. The Zhao County Detention Center brought Mr. Wang's medical diagnosis to the attention of the Shijiazhuang Intermediate Court. Mr. Wang's blood pressure was as high as 180/120.
On March 8, 2007, the Zhao County People's Hospital diagnosed (No. 0028634) Mr. Wang with high blood pressure of 200/120 mmHg and coronary artery sclerosis.
On April 9, 2007, Mr. Wang's family met with chief judge Lv Ling and handed Lv an open letter and application form asking for the release of Mr. Wang on bail. Lv said that the court would follow appropriate legal procedures and told the family to apply for release for medical treatment. The detention center should deliver to the court a copy of the diagnosis from the hospitals.
On April 25, 2007, the Zhao County Detention Center delivered the diagnosis (No. 0028634) of March 8 from the Zhao County Hospital to the Shijiazhuang Intermediate Court.
On April 27, 2007, during the second trial, Mr. Wang and his defense lawyer asked for release on bail to await trial.
On the afternoon of May 14, 2007, Mr. Wang's family arrived at the Intermediate Court to deliver the application for bail. The judge wasn't present and the family asked the duty officer to deliver it to the judge.
At 10 a.m. on May 15, 2007, Mr. Wang's family called judge Pei Weihua. Pei said he received the application but stood by the verdict of the first trial. Since the verdict was out, the judge should tell the family to apply for bail for medical treatment and not bail to await trial.
From February 2 to May 15, 2007, Mr. Wang's health continued to deteriorate and his blood pressure remained high at 200/120. Mr. Wang was also diagnosed with heart problems and his life was in danger. His condition was, as required under judicial department regulations, sufficient for bail for medical treatment. However, Judge Pei played games with the family. The application for bail was ignored. The verdict to Mr. Wang's appeal was announced - a prison term for bedridden Mr. Wang Xinzhong.
9. Judge Denies Mr. Wang's Appeal
On May 9, 2007, the Shijiazhuang Intermediate Court rendered the verdict "appeal dismissed and prior verdict remains in force." The Chief Judge was Lv Ling and the other judges were Liu Bin and Pei Weihua. The secretary was Pan Lixia. The district attorneys from the procuratorate were Jia Yushan and Yue Kunlun.
On May 10, 2007, Guo Dong and Zhang Yangyang from the Chang'an District Court took Mr. Wang to the Zhao County Detention Center. No one informed his lawyers. When Mr. Wang's attorneys made inquiry, the judges either wouldn't answer the phone and concealed the detention.
From May 14, 2007, Mr. Wang's family tried to contact Judge Lv Ling. The duty officer said Lv went to Beijing for a meeting. Mr. Wang's family couldn't find any of the three judges who tried Mr. Wang's case.
On May 21, 2007, Wang's family found Lv Ling and asked Lv about Wang's bail. Lv said the appeal was finalized and that the case was dismissed. He suggested that the family go to the first trial court and ask about bail. When the family went to the Chang'an District Court to ask about the trial, judge Yue Yunzhi said the verdict was rendered.
On the morning on May 22, 2007, when Mr. Wang's family called Lv Ling and asked Lv about the verdict, Lv refused to answer. Lv didn't respond to calls from Mr. Wang's lawyers. In the afternoon, the family called the Zhao County Detention Center and they said they had received the verdict on May 10.
On May 23, Wang's family visited Wang in the Zhao County Detention Center and finally saw the verdict.
On May 24, the family asked at the court for a copy of the verdict. Staff at the court refused to give the verdict document to the family. They also refused to mail it to the family's attorneys. On May 28, Mr. Wang's attorney went in person to the court to pick up the verdict document.
Current Chinese laws do not tie Falun Gong to cults. Yet, the CCP minions charge practitioners with "suspected of using cult organization to violate the laws." The CCP's procurators couldn't find any evidence. Having to follow the central government's order to sentence practitioners, the CCP's attorneys openly criticized, framed, and slandered Falun Gong in court and concluded Falun Gong was guilty. The District Attorney presented a video from historian Xin Haonian's that discussed Chinese history. There was no mention of Falun Gong. However, on the verdict of the second trial it was noted that information from the CD on Falun Gong matched the investigation.
The District Attorney had the book Nine Commentaries on the Communist Party as evidence and the lawyer questioned it. The verdict then stated that the defense lawyer couldn't list evidence that was found to be irrelevant to the case. If the District Attorney listed the book as evidence, he is the one who is required to bring evidence or laws that support his argument, not the defense lawyer.
There were many such errors in the verdict document. The judges even accused the six defense lawyers of various offenses and tried to incriminate them.
The Shijiazhuang Intermediate Court violated laws in thirteen of its prosecuting procedures.
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