(Minghui.org) Ms. Xu Yajuan (徐亚娟), 60, of Jinzhou City was illegally tried on January 23, 2015, in the Linghe District Court. Only two members of Ms. Xu's family were permitted to observe the trial despite many empty seats.
Ms. Xu was arrested on October 11, 2014, for distributing software used to access uncensored information about the persecution of Falun Gong. She was charged with “using a cult organization to undermine law enforcement.”
During the hearing, Ms. Xu described the benefits of practicing Falun Gong while her attorney rebutted all the “evidence” put forth by the prosecutors. The lawyer also requested her release.
Lawyer Refutes “Evidence”
Ms. Xu was charged with practicing Falun Gong and possessing items related the practice, as well as with "using a cult organization to undermine law enforcement."The main prosecutor, Chen Weijia, read out a list of pieces of “evidence” confiscated from Ms. Xu's house. The items listed were personal, such as Falun Gong books, an MP5 player, and copies of Minghui Weekly. A screenshot of the MP5 player showing that it contained Falun Gong content was also presented.
The defense lawyer asked that the “evidence” be produced in court but received no response.
He defended his client by citing the Constitution, which clearly states that citizens have freedom of religion. His client therefore "has the constitutional right to believe in Falun Gong and share with others information on this practice."
He emphasized the need to comply with international obligations, since China is a signatory of the International Covenant on Civil and Political Rights. The Covenant stipulates the provision of freedom of religion. Ms. Xu therefore "has the legal right to distribute software and possess Falun Gong books and materials." Furthermore, her behavior causes no harm to society.
The lawyer mentioned that the evidence did not prove that his client participated in a cult, and there is no law that labels Falun Gong as one. This also means that the persecution of Falun Gong has been illegal since the beginning. Since Ms. Xu is a Chinese citizen and does not participate in a cult, she cannot be charged with using a cult organization to undermine law enforcement.
The lawyer also noted the violations of procedure on the part of the police, who searched Ms. Xu's house without her being present and did not show her the list of items taken away.
The lawyer concluded by pointing out that the evidence did not point to any crime. In addition, if the prosecutor and presiding judge ruled according to the Constitution and International Covenant, they would have to conclude that his client was innocent.
Ms. Xu's Testimony
Ms. Xu testified that she used to suffered from chronic diseases, but cultivating Falun Gong has restored her health and improved her moral standards. She pointed out that the Falun Gong books listed as evidence had guided her to be a good person and that she used the materials to help explain the practice.
She emphasized that she should never have been prosecuted for striving to be a good person in the first place. She asked to be acquitted unconditionally.
Details of Arrests and Previous Detention
Ms. Xu was arrested on October 11, 2014, with another practitioner, Ms. Jiang Haijin. They were distributing software that can circumvent the Internet firewall to pedestrians.
Ms. Xu and Ms. Jiang were arrested by three officers from Shiqiaozi Police Station, who were passing by. They called the director and instructor of the police station. Both arrived quickly and took the two practitioners to Jinzhou Detention Center. Later, they ransacked Ms. Xu's house, falsely charged her, and approved the arrest after the fact.
Ms. Xu's first arrest occurred in October 2010, when she was arrested by officials from the Linghe Public Security Bureau and Kangning Police Station. She was later sent to Masanjia Forced Labor Camp and was brutally tortured for a year.
Parties Involved in the Persecution of Ms. Xu:
Linghe Public Security Bureau (branch):Yang Guang (杨光), captain of Domestic Security Division: +86-4167101648, +86-4162811858, +86-15698704900, +86-13840624877Li Jiawei (李佳伟), Domestic Security Division police: +86-4167101648, +86-4163166911, +86-15698705101, +86-13841699111
Shiqiaozi Police Station:Zhang Xiping (张喜平), director: +86-4163818635, +86-4162545543, +86-15698704855, +86-13904964175Xu Tao (徐涛), instructor: +86-4163818635, +86-15698705068, +86-13604169161
Linghe District Procuratorate:Chen Weijia (陈娓佳) and Zhao Jia (赵佳), prosecutors: +86-4162912043
Linghe District Court:Huang Ping (黄萍), dean: +87-4162872600, +86-1894160399Wang Jinwen (王锦), presiding judge: +86-416 2872623, +86-18941601685
Please refer to the original Chinese article for more people involved in the persecution.
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