(Minghui.org) The courts should be a place where truth is separated from falsehood, kindness from wickedness, righteousness from evil. If a bunch of rogues were in charge of the courts, it would be disastrous. Yet this is the reality in the CCP judicial system.
This article presents a series of examples of this that have played out in various courtrooms around China in recent years.
Fushun Wanghua District Court Judge: “Do Not Talk about the Law!”
Falun Gong practitioners Zhang Deyan, Sun Haifeng, Mu Guodong, Wang Yumei, and Wang Guihua were tried in Fushun Wanghua District Court in Liaoning Province on July 9, 2013. Ms. Zhang Deyan's family hired a lawyer to defend her.
Before the trial, the judge told the lawyer, “Do not talk about the law.” The attorney replied, “Are you joking?”
The court attempted to charge the practitioners with “Using a cult to undermine law enforcement.” Throughout the entire trial, neither the prosecutor nor the judge could name a law that the defendants had violated.
When the judge asked Ms. Zhang Deyan if she would plead guilty, she firmly replied: “No!” When Ms. Zhang was arrested on April 15, 2012, she had a head of lavish black hair; she was beautiful and healthy. After a year of detention, her hair was completely white, and she looked like an old woman. One girl burst out crying when she saw her.
The lawyer defended Ms. Zhang and pleaded not guilty on her behalf. “Being a Falun Gong practitioner does not violate any law, and believing in Truthfulness-Compassion-Forbearance is not a crime. The computer and cell phones confiscated from her home should be returned to her.”
The judge stated that the dozen cell phones discovered in Ms. Zhang's home contained Falun Gong information. The lawyer replied that he had 20 cell phones, which all had Falun Gong content, and asked the judge whether she wanted to look at them. The judge was speechless.
610 Office Director: “We Talk Politics, Not Law.”
On March 27, 2009, lawyers pleaded not guilty at the second trial for seven Falun Gong practitioners. (The first trial was carried out in secret and all seven practitioners, including Han Xixiang and Li Fengming, were handed heavy sentences.) On October 21, 2009, the families were notified that the court would pass sentencing on October 23 at around 2 p.m.
Family members notified the lawyer, and he verified the matter with judge Zheng Wei. The lawyer went to Nongan on October 22, but he was not allowed to see his client. Visiting rights were suspended. The court, Political and Legal Affairs Committee, and the 610 Office prevented the lawyer from seeing his client. When the lawyer questioned their behavior, 610 Office director Ma said, “I do not want you to see your client.” The lawyer pointed out, “You are violating the law.” He replied, “We only talk politics, do not talk about the law. I do not have time for that.”
In the meantime, the family members spent an entire day looking for the Criminal Tribunal presiding judge and the vice presiding judge to get attendance cards. They were told that the presiding judge had to decide, but he was not available. Finally they saw the presiding judge, Wang Changshun, on his way home. He stated: “This has to be decided tomorrow by the court.” But he was not available the entire morning on October 23.
Just a few hours before the hearing, lawyers tried to visit their client again at the detention center. The judge presiding, Wang Changshun, asked the head of the 610 Office to pressure the director of the detention center not to let the lawyers see their client. The lawyers went to the Political and Legal Affairs Committee and 610 Office and asked why their visiting rights were denied. Director Ma replied, “For the sake of Nongan, we do not want you to visit your client. It is our decision, no one can change it. We do not talk law, only politics. You may report or sue wherever you please.” The lawyers were furious, “This is the behavior of hooligans. Aren't you even ashamed?”
On the afternoon of October 23, 2012, the court was heavily guarded. Many bystanders were curious about what was going on. Lawyers were stopped by the guard outside of the court house and prevented from entering. Family members were all outside the court as well. The hearing was over by 2:20 p.m. There were no family members or lawyers present. The entire process was illegal and took only 10 minutes.
Jilin Provincial Court Specialty, “Pass the Buck”
On November 2 and 3, 2012, Jilin Nongan County Police Department officers arrested Falun Gong practitioners Liu Wei, Zhang Guozhen, Yang Hongbiao, Xiu Jixue, Chang Baojun, Wang Yajuan, and Yang Wenjuan. Nongan County Court attempted to bring them to trial.
In May of 2013, when the lawyer hired by Chang Baojun's family went to the Procuratorate to view the case, he was stopped at the door. They told him, “Lawyers for the Falun Gong case are not allowed in.”
In August 2013, two lawyers hired by Zhang Guozhen's family went to the court to submit commission procedures to view the case. Criminal Court vice president Guo Qingxi refused to carry out the procedure. On September 2, 2013, the lawyers found Guo Qingxi again. He told them they needed to find presiding judge Sun Yinsheng. Later, he asked them to find 610 Office director Ma Chi. Presiding judge Sun Yinsheng stated it was the Political and Legal Affairs Committee's decision not to take the lawyers' applications, that it was not his decision. The lawyers replied, “The Political and Legal Affairs Committee is not a judicial organization, it should not interfere with judicial independence.”
On September 2, 2013, Mr. Liu Wei's Lawyer went to see him in Nongan County Detention Center, but director Li Qingguo refused to allow the lawyer in: “No lawyer can interfere with a Falun Gong case.” When the lawyer asked for the legal basis of his statement, Li Qingguo replied: “We do not speak about the law when dealing with Falun Gong cases.”
On September 3, the lawyers went to see Guo Qingxi again, but he still refused their request. The lawyers stated, “You are the presiding judge, you are responsible for handling the procedure.” He replied, “I am the presiding judge, but I am not qualified to take your application. You need to look for the Political and Legal Affairs Committee.” The lawyers answered, “The Court should follow the law. The Political and Legal Affairs Committee should not interfere with judicial independence. You need to look for them, not us.” Guo Qingxi replied, “Under the rule of the CCP, where is there judicial independence?”
When family members inquired about the court time, Guo threatened them: “How dare you hire two lawyers from out of town? You should get a lawyer appointed by the government.” When asked again why he refused to take their application, he replied, “It's the Jilin specialty,” and chased the family members and the lawyers out.
Judge Gu Yingqing: “Why Do You Talk Law with Me? I Only Talk Politics”
Falun Gong practitioner Mr. Lu Tong was sentenced to four years by Jinchang Court on December 17, 2008. His daughter, Lu Yan, has been appealing with the help of a lawyer since May 2009. She went to Suzhou Intermediate Court and asked them to reopen his case. On July 24, 2013, Suzhou 610 Office and Jinchang Police Station officers arrested Ms. Lu Yan. When she tried to reason with them, presiding judge Gu Yingqing replied: “Why do you talk law with me? I only talk politics.”
Judge Xu Minfang: “Don't Discuss the Law with Me.”
On November 28, 2012, around 9:15 a.m., Shanghai Baoshan District Court attempted to bring Falun Gong practitioners Xia Haizhen and Luo Jiaolong to trial. The Court initially attempted to hold the trial in secret, so no family members knew about it until their lawyer intervened the day before the trial date. Under protest from both families, the court had to cancel the initial court date.
Baoshan Court set difficult barriers for the lawyer who intervened. When the lawyer reasoned with judge Xu Minfang, she said, “Don't discuss law with me.” The lawyer responded, “You are the judge. What should I discuss with you other than law?” The lawyer finally got his court procedures done after going back and forth three times from Beijing.
During the trial, the lawyer pointed out that the charges against Xia Haizhen had no legal basis. There was no current law against Falun Gong. Next the lawyers defending Luo Jiaolong pointed out numerous violations of the law from the arrest through the interrogation: the interrogation record was full of loopholes. Because the evidence presented by the prosecutors was illegally obtained, in accordance with national law, lawyers asked the court to start the "Illegal Evidence Exclusion Programs."
But judge Xu Minfang was peremptory and aggressive. During the proceedings, the lawyers argued in accordance with national law, but judge Xu deliberately and provocatively gave several “warnings.” In the end, she removed the two lawyers from the courtroom.
It is reported that judge Xu Minfang has a part time job in the 610 Office, she lacks basic legal concepts and conscience as a legal worker, and does not handle cases objectively and impartially. She blindly follows the CCP's policy of persecution and executes it without question. She did not want lawyers to attend the trial, because she cannot stand up to them. She resorts to bullying in the court and evicting the lawyers.
Zengcheng Court Judge in Guangzhou: “Don't Talk about Law Here.”
On May 11, 2007, Zengcheng Court in Guangzhou brought Falun Gong practitioner Ms. Mo Xiaomei to trial. The judge removed the only witnesses, Mo Xiaomei's daughter and son-in-law, and then read the transcripts of witnesses as evidence to prosecute Ms. Mo. Her daughter and son-in-law were furious: “We have never heard of anything like that. How dare they? We will sue them!”
A relative found someone to defend Ms. Mo in court, but the judge kept interrupting, saying, “It has nothing to do with this case. Do not talk about law here!”
Judge Zhao Huaqing: “This Is a Political Issue.”
On the morning of September 25, 2008, middle school teacher and practitioner Ms. Cui Yingxia was tried in Renqiu Court. The evidence that prosecutor Hao Xuguang gathered was full of holes, which the defending lawyers pointed out. Hao Xuguang ignored the law and accused the lawyer of lying. When the lawyer pointed out that there was no legal basis for the crime “Using a cult organization to undermine law enforcement,” judge Zhao Huaqing was furious: “This is a political issue!”
On the morning of October 22, 2008, Falun Gong practitioner Ms. Sun Meifeng was tried in Renqiu Court. Presiding judge Zhao Huaqing, prosecutor Zhang Fan, and court staff Bian Suti and Feng Zheng attended the hearing. Ms. Sun pointed out that the so-called evidence was not true. The presiding judge resorted to sophistry: “Can you prove that the Public Security Organization fabricated the evidence?” Prosecutor Zhang Fan coldly stated: “Whether you acknowledge the evidence or not, you are guilty just the same.”
Judge Gao Zhixin: “Don't Mention the Constitution to Me.”
On September 25, 2009, Jianshan District Court in Shuanyashan put Falun Gong practitioner Ms. Hu Qili on trial. Presiding judge Gao Zhixin limited the number of family members attending the hearing and ordered a guard to search her family members and search her lawyer's bag. Her lawyer replied, “These are documents for the trial.” The guard replied, “I will not look” as he continued searching the bag.
Ms. Hu's requests to use the restroom and have her handcuffs and prisoner uniform removed were only reluctantly agreed to at her lawyer's persistence.
When the proceeding began, Ms. Hu asked the judge to provide articles 35 and 36 of the Constitution, which he refused to do. Her lawyer had prepared the document and planned to show it to her, but judge Gao Zhixin denied the request.
The defense lawyer pleaded not guilty according to the constitution, but judge Gao Zhixin kept interrupting him: “Stop, I know what you mean. Do not bring in the constitution, it has nothing to do with this.” He also kept interrupting the lawyer's speech: “You want to say practicing Falun Gong is not a crime. How can you say that?” The lawyer replied, “How can you reach a verdict without listening to the case?!”
Facing the lawyers impeccable defense, Gao Zhixin had to agree, “Yes, there is no law or order that says practicing Falun Gong is a crime.” After the court adjourned, Ms. Hu Qili's sister asked the judge, “Since she did not commit any crime, please let her go.”
Ms. Hu's 77-year-old mother knelt in front of the judge and begged, “Let my girl go, she is a good person.” The judge appeared indifferent and sped away.
The lawyer told the mother, “Do not kneel.” Family members helped the mother up and told her, “The hearing was a farce. They do not play by the rules.”
Judge Feng Xiaolin: “We Do Not Handle Falun Gong Cases in Accordance with the Law.”
On December 6, 2009, Hebei Province Qianan Court sentenced the following Falun Gong practitioners to prison: Liang Xiulan to eight years; Zhang Liqin and Shao Lianrong to seven and a half years; and Li Xiuhua, Sun Yongsheng, and Yang Shanmin to seven years each. After the hearing, presiding judge Feng Xiaolin faced inquiries from the practitioners' family members and had to admit, “We do not handle Falun Gong cases in accordance with the law.”
Judge Li Bianjiang Quibbles: “If Falun Gong Is Vindicated, I Will Change the Verdict.”
On November 21, 2012, Dalian Shahekou District Court brought Falun Gong practitioner Mr. Wang Jian to trial. His lawyer pleaded not guilty, defended him with well founded reasons, and asked for his unconditional release. After the proceedings adjourned, the court staff expressed heart-felt admiration: “This was a true debate based on legal reasoning.”
Before the hearing, Mr. Wang Jian's family went to the Shahekou District Procuratorate and appealed at the Prosecution Division. After the staff member heard the appeal, he hung up the phone immediately. Half an hour later, a staff member came down, and a family member asked him to explain Criminal Law, article 300: “What is a cult? Who organized the so-called cult? Which authority is qualified to determine what a cult is?” He could not answer, pointed at Wang's family member and said, “Are you here to make trouble? We have been handling Falun Gong cases for the last 15 years. Go ahead and look for the top Chinese leader if you can.”
The court did not notify Mr. Wang Jian himself, his family nor his lawyer about his hearing. His family found presiding judge Li Bianjiang and asked him to abide by the law and show them the law that is applied to convict Falun Gong practitioners. The judge replied, “Every lawyer wants me to do that. I know it very clearly, I am a Party member, and I follow Party rules and regulations. If Falun Gong is vindicated, I will change the verdict.”
The CCP Political and Legal Affairs Committee Documentation: Legal Procedures Are a Formality, a Veil to Disguise Political Objectives
According to the 610 Office's default sentencing, claiming to "abide by the law" is merely an attempt to fool the international community. It is not a judge's individual act, but an order from the central government 610 Office and Political and Legal Affairs Committee to control Public Security Organizations. As vice secretary Liu from Sichuan Province Xichang City Political and Legal Affairs Committee said, “Do not talk law with me, we do not abide by the law.”
The CCP abuses Criminal Law article 300 to accuse Falun Gong practitioners. The lawyer who defended practitioner Li Yanrong in Helongjiang Tanguan County pointed it out clearly: “Up till now, neither the prosecutor nor the defendant himself and defense counsel know which department will undermine the implementation of the law.” The judges and the prosecutors all know they are wrong and have nothing to say in their own defense.
The CCP views these kind and honest people as a target for political struggle and openly violates the law. A secret 610 Office document from February 2009, “The Prevention and Control Requirements for Responding to Enemy Movements,” explained very clearly: “Dealing with Falun Gong cases is not only the disposal of criminal cases; more importantly, it is a concrete manifestation of political struggle.” “Continue to implement the requirements of the Municipal Court audit system and reinforce the work guidance and strict control of Falun Gong. There should be no acquittal of such cases... and absolutely no practitioners should appear innocent.”
Indeed, all these cases have shown that the CCP trials against Falun Gong practitioners are really over before they even begin. Judges are puppets manipulated by the CCP, and the trial is a farce that disregards the law in favor of persecuting Falun Gong.
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