By a Falun Dafa Practitioner in China

(Clearwisdom.net) Jiang and his regime, who are responsible for the persecution of Falun Gong, have been sued in the United States, Germany, Belgium, Spain, Korea, and other countries for crimes against humanity, genocide, and torture. Many provincial, city, and central government agencies have been reported on by the World Organization to Investigate the Persecution of Falun Gong, and their crimes during the persecution have been recorded. Some government officials have been found guilty in international courts, including Beijing City Party secretary Mr. Liu Qi, Liaoning Lieutenant Governor Mr. Xia Deren, Hubei Provincial Police Chief Mr. Zhao Zhifei, and former Minister of Propaganda Mr. Ding Guangen. There are more than ten thousand on the list of persecutors.

Some people are confused, and they ask why Jiang's persecution is illegal and unconstitutional. They say that according to the media, the People's Congress declared a ban on Falun Gong.

Because the media has misled many people in the past, we will clarify the facts.

Some people have said that the People's Congress made a decision about Falun Gong, which is a great misunderstanding caused by falsified media propaganda.

It was Jiang Zemin who first called Falun Gong an "evil cult." On October 25, 1999, three months after the persecution started, when being interviewed by the French newspaper Le Figaro, Jiang said, "Falun Gong is an evil cult." On October 28, 1999, the Xinhua News Agency, the Party's propaganda mouthpiece, followed up by publishing a special editorial entitled "Falun Gong is an evil cult."

A few days later, October 30, 1999, the Chinese People's National Congress passed "The decision to ban evil cult organizations, and to crackdown on evil cult activities." Neither the National Congress' "decision" nor the later "interpretation of certain problems in implementing the law dealing with cases about the crimes of evil cult organizations" issued by the Supreme People's Court and the Supreme People's Procurator, contained wording that specifically related to Falun Gong.

Two facts clearly stated above:

First, it was Jiang that labeled Falun Gong a "cult."

Second, as the country's Chairman, Jiang violated the Constitution.

According to Article 80, 81 of the Chinese Constitution, which defines the extent of the President's power, the President of the country has no right to define crimes based on personality, organization, or practice methods. Article 5 of China's Constitution states: "No organization or individual may enjoy the privilege of being above the Constitution and the law." So without permission or judgment made by the Procurator, the courts, or the National Congress, Jiang Zemin's pronouncement that "Falun Gong is an evil cult" exceeded his authority.

The organization that the Ministry of Civic Affairs banned in its declaration didn't even officially exist. The Falun Dafa Research Association was originally a branch association of the China Qigong Science Research Association. After leaving the Qigong Science Research Association in 1996, the Falun Dafa Research Association no longer existed. According to Falun Gong's Minghui/Clearwisdom website, after dropping out of the Qigong Science Research Association, the former Falun Dafa Association applied to be a registered association with the Ministry of Civic Affairs, the Strategically United Action Ministry, the People's Congress, the Religion Affairs Administration Bureau, the National Physical Education Committee, the National Physical Education Central Bureau, and other government offices. None of them approved the application.

Even assuming that the declaration by the Ministry of Civic Affairs was valid, what it banned was the "Falun Dafa Research Association," but not Falun Gong itself. Article 35 of the Constitution of the People's Republic of China clearly stipulates: "The citizens of the PRC have the right to freedom of speech, publication, assembly, association, parade, and protest."

Article 5 [Socialist Legal System, Rule of Law] of the Constitution states:

(1) The state upholds the uniformity and dignity of the socialist legal system.

(2) No law or administrative or local rules and regulations shall contravene the Constitution.

(3) All state organs, the armed forces, all political parties and public organizations, and all enterprises and undertakings must abide by the Constitution and the law. All acts in violation of the Constitution and the law must be looked into.

(4) No organization or individual may enjoy the privilege of being above the Constitution and the law.

Judging from Article 5, not only was the organization banned by the Ministry of Civic Affairs officially non-existent, the declaration itself was illegal because it was in violation of the Constitution.

In order to show that the declaration by the Ministry of Public Security was illegal, all we have to do is take a look at the 6 prohibitions themselves. They are:

1. It is prohibited for anybody to hang or post banners, pictures, symbols and other tokens in any place or occasion to promote Falun Gong.

2. It is prohibited for anybody to distribute books/magazines, video/audio materials and any other means of promoting Falun Gong, in any place or occasion.

3. It is prohibited for anybody to gather crowds to do "group practice," "Fa promotion," and other similar Falun Gong activities, in any place or on any occasion.

4. It is prohibited for anybody to hold "conferences," "parades," and "demonstrations" that support or promote Falun Gong by means of "meditation" or "making an appeal."

5. It is prohibited to fabricate or distort facts, spread rumors deliberately, or instigate and interfere with the social order with other means.

6. It is prohibited for anybody to organize, assemble, or lead events that are against government policies.

From these prohibitions, we can see what a joke it makes of the judicial system and of the government's claims of "democracy" and "rule by the people."

This declaration, so obviously in violation of the Constitution and depriving people of their freedom of thought and ability to criticize the government, was used as legal grounds for the persecution.

The People's Congress has established a special agency to investigate crimes against the constitution. The Highest Procuratorate states that from May 2004 through June 2005, it will investigate five types of human rights violations by government employees. People have started listening to actions against the persecution of Falun Gong more clearly and consciously.

Meanwhile, abductions, home ransackings, and brainwashing classes in Hefei City, Anhui Province are still going on. Some district courts are still putting Falun Dafa practitioners on trial. If these parties refuse to listen to reason, they should know that they will be brought to justice.

Posting date: 11/9/2004
Original article date: 11/8/2004
Category: Open Forum
Translated on 11/2/2004
Chinese version available at http://www.minghui.org/mh/articles/2004/9/26/85122.html

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