(Clearwisdom.net) A court hearing was held at Wenjiang District Court in Chengdu City for practitioner Mr. Liu Jian on July 15, 2010. During the hearing Wang Yajun, a lawyer from Beijing, presented the case for his defense. 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 one hour later. In a second court hearing on August 6, 2010, 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 practicing 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 truth clarification materials and sent to a forced labor camp. Then he was sent to a forced labor camp again after being arrested on a train. When he was arrested at home, he was detained at a brainwashing center for several days, and then he was arrested while out distributing the Nine Commentaries on the Communist Party. 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 14, 2009, at a residential building in the Wenjiang District. Over ten people from the Wenjiang District Domestic Security Division, the local 610 Office and Yunxi Police Station arrested him and three other practitioners. Mr. Liu was beaten and interrogated, and then sent to the Wenjiang District Detention Center. Officers Xiao Yunlong and two others from Yunxi Police Station beat Mr. Liu so severely that he was unable to walk.
Lawyer's defense was strong and rational
The public prosecutor accused Mr. Liu of violating Criminal Law Article 300: utilizing an evil cult to undermine the implementation of the law. Mr. Liu's lawyer made a strong case for the defense and stated:
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The materials were made by Mr. Lui to promote Falun Gong and he did not use any other organizations for this purpose. The Ministry of Civil Affairs declared that the "Falun Dafa Association" was an illegal organization on July 22, 1999. Yet, the Falun Dafa Association quit the Qigong Scientific Research Council long before that and no longer exists. Since a Falun Dafa Association does not exist in China anymore, Mr. Lui would not be able to use any such organization. The prosecutor could not answer how Mr. Lui could use a organization that does not exist.
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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.
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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, practicing 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 practices it for the purpose of keeping fit, and believes in Truthfulness-Compassion-Forbearance to become a good person.
The lawyer emphasized 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 defense 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 defense and then explain why they accept or reject the defense's arguments. However, in the verdict against Mr. Liu, only a vague sentence stated that the defense council's rationale was contrary to the law. It did not have any specific references to the defense's views, nor did it say why it would not adopt the defense's views. The verdict did not address any of the issues raised by the defense.
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 14, 2009. They ransacked it and confiscated five laptops, a printer and other personal belongings. They also took over 20,000 yuan 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 20, 2010, 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.
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