(Minghui.org) The Chinese Communist Party (CCP) utilizes its judicial system to sentence Falun Gong practitioners for their belief. It's commonplace for supposedly independent judges and prosecutors to work side-by-side when practitioners are illegally tried.
Judges and Prosecutors Return to the Courtroom Together
Falun Gong practitioners Ms. Jia Haiying, Meng Hulun, and Li Ping were tried in Holingole City Court on January 7, 2015. The judge adjourned the hearing three times within two hours because Ms. Jia’s lawyers raised objections when the judge and the prosecutor did not follow legal procedures.
When Ms. Jia’s lawyers cited a lack of evidence, the judge adjourned the hearing briefly to allow the prosecutor to prepare a last-minute argument, after which the judge and the prosecutor returned to the courtroom together.
When the trial resumed, Ms. Jia’s lawyers raised an objection and requested that the judge and the prosecutor recuse themselves from the trial in the interest of impartiality. The judge adjourned the hearing for a second time.
Separation of the prosecution from judges is an important principle in Chinese criminal procedure, because their collaboration would put defendants at a disadvantage. Judges have their own chambers and special entryways, just as there are separate rooms for prosecutors. Judges and prosecutors should not discuss cases together. When the judge and the prosecutor entered the courtroom together using the same entrance, it was a violation of legal procedure.
Judge Invites Prosecutor for Dinner During Trial
The trial of Falun Gong practitioners Zhang Jun and Ming Shaolin was held in Nanchong City Intermediate Court in Sichuan Province on January 14, 2015. At the end of the morning session, Judge Pu Yongjun invited the prosecutor to dinner. The prosecutor smiled at the judge but did not respond.
Before the afternoon session started, the judge reminded the prosecutor of the dinner invitation. The defendants' attorney argued that the judge's invitation amounted to improper behavior between the judge and the prosecution.
Judge Takes Over Prosecutor's Role
Eight practitioners in Nong’an County, Jilin Province were sentenced to up to 12 years on October 11, 2013 by the Nong'an City Court. The show trial lasted only an hour, and the judge failed to notify the practitioners of their basic legal rights. Moreover, the judge did not hear any evidence from the defense. When the practitioners questioned the validity of the hearing, the judge interrupted them.
While the prosecutor read out the list of evidence, Judge Guo Qingxi became annoyed at his slow pace, took over, and finished reading the evidence himself.
It is hard to keep judges and prosecutors separate in China. Because they both report to the Communist regime and seek the same outcome, especially in the persecution Falun Gong practitioners, collaboration is inevitable. In some places, prosecutors and judges even share offices for convenience. They work closely to carry out the Chinese Communist Party's policy of persecution and condemn innocent practitioners to prison through show trials.
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Category: Perspectives
