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The Chinese Laws Broken by Jiang in Persecuting Falun Gong
By a Falun Dafa Practitioner in China
(Clearwisdom.net) Recently, fellow practitioners are discussing "Mainland
China Practitioners Are Suggested to Use Legal Knowledge in Resisting the
Persecution." Some think "We should have fellow practitioners who have legal
knowledge (lawyers, judges, and legal workers) systematically put all the
instances of Jiang breaking the law into a booklet." I recall that
Clearwisdom.net had an article posted called "Laws Broken by Jiang Zemin's
Government" (http://www.clearwisdom.net/emh/articles/2001/3/6/5850.html).
It was very thoroughly compiled. Because of the changes in the past three years,
I have edited the article for the convenience of fellow practitioners.
Laws Broken by Jiang in Persecuting Falun Gong
1. Constitution of People's Republic of China
The State should protect citizens' possession of personal property and allow
for inheritance of personal property according to regulations. For the sake of public benefit, the State can purchase or rent personal
property according to the law, but should give compensation. Chinese police now take Falun Dafa practitioners' personal property at will,
including their incomes, savings, and personal belongings. Police never
compensate Falun Dafa practitioners' for the personal loses caused by their
wrongful arrests. Basic human rights include the right to live, the right to be educated, the
right to possessions, the right to personal information, the right to know,
the right to human dignity, the right to housing, the right to personal
freedom, the right to express oneself, the right to religious freedom, the
right to vote or to be voted into public office, the right to assemble, the
right to parade/protest, etc. All Chinese citizens, including Falun Gong practitioners, should be able to
enjoy the freedom to peacefully assemble. For Falun Gong practitioners this
means joining group practices and attending experience-sharing conferences. At
present, however, this right has been completely denied in China.
Yet, Falun Gong practitioners have been completely deprived of this right.
Chinese police have arrested Falun Gong practitioners and taken away their
personal property at will without any warrant. Furthermore, the police in
Tiananmen Square wrongfully arrest Falun Gong practitioners almost every day.
Falun Gong practitioners have also been deprived of this right, as police
simply intrude into their homes at will without any warrant. In addition, the
government leaders who Jiang Zemin controls have been inciting the masses to
fight against each other since the so-called "Tiananmen Self-Immolation
Incident." Unconstitutional actions targeting Falun Gong practitioners have
already occurred in some regions of China, including breaking into
practitioner's home with iron shovels or other tools to "forcibly reform" the
practitioners.
State agencies must investigate all complaints and filed charges by citizens,
taking responsible measures. No one is allowed to suppress anyone else or seek
revenge. Whoever has their rights violated by a State agency has the right to receive
compensation according to the law. Falun Gong practitioners have been deprived of this right. If Falun Gong
practitioners appeal to higher authorities, they will be arrested. The Appeals
Bureau, a subsidiary department of the State Council, has actually become a
police station.
2. Criminal Law
At present, at least 942 Falun Gong practitioners have died because of the
persecution, many of those from being tortured to death (refer to:
http://www.clearwisdom.net/emh/special_column/death_list.html). Currently,
the police in China still intentionally torture practitioners even though they
are fully aware of the potential for death. The Chinese police have intentionally caused injuries to countless Falun Gong
practitioners in China without being held culpable (refer to the human rights
reports at: http://www.faluninfo.net/).
Raping women less than 14 years old, is subject to heavier sentencing. Raping women, or a young girl with one of the following situations, is to be
sentenced with death, life imprisonment, or not less than 10 years of
imprisonment: (1) Raping women in an especially cruel way, or raping young girls (2) Raping many women or young girls (3) Raping women in public view (4) Gang raping with two or more rapists (5) Causing severe injury, death, or other such serious results If the above crime is committed in public, the rapist is to be sentenced to
more than five years in prison. Some female Falun Dafa practitioner in China have been locked in male prison
cells. Some have been raped, gang raped, or even raped in public. Some
pregnant Falun Dafa practitioners were forced to have an abortion, which
harmed them physically. The police have systematically tortured Falun Gong practitioners for the
purpose of getting them to write so-called "statements of repentance." They
have received no punishment for this (refer to
http://www.clearwisdom.net/eng/weekly_category/news.html and http://www.faluninfo.net/). If supervisory and management personnel of prisons, detention centers, and
other penal facilities encourage inmates to beat or physically abuse other
inmates, it is the same as the previous articles. However, it is very common for police to abuse Falun Dafa practitioners.
Police have heartlessly tortured practitioners, sexually abusing and even
raping them (see http://www.faluninfo.net/).
The media in China, used the "self-immolation" hoax, and the "poisoning
incidents" to deceive the whole nation and fan hatred towards Falun Dafa practitioners.
This has led those deceived people to report Falun Dafa practitioners to the
authorities, and harass practitioners in their daily lives.
Postal workers in China are violating Falun Dafa practitioners' personal
rights, and are taking away their personal possessions.
3. Criminal Procedural Law
Falun Gong practitioners have been deprived of this right completely. Lawyers
in Mainland China are not allowed to provide legal assistance to Falun Gong
practitioners. Under pressure and threats from the government, currently, no
lawyers dare to defend Falun Gong practitioners in court.
4. Public Order Violation Ordinances
5. The "Cult" Issue [slanderous term omitted]
On October 25 1999, Jiang Zemin publicly announced that "Falun Gong is an
evil cult that is dangerous to society and to people," when being interviewed
by the Chair of the Editorial Committee of the French Newspaper LeFigaro.
Right after that, a special editorial comment entitled "Falun Gong is an evil
cult" was broadcasted and published respectively by Chinese Central TV (CCTV)
and the People's Daily on October 27 and 28. The Public Security
Department then took this speech as the legal basis for the persecution of
Falun Gong practitioners who appealed to higher authorities. However, the
announcement made by President Jiang Zemin was not a decision made by the
National People's Congress Standing Committee. According to Articles 5 and 80
in the Chinese constitution, the President of the People's Republic of China
should act in pursuance of decisions of the National People's Congress and its
Standing Committee. Therefore, the President does not have the power to
independently determine the nature of or to declare the guilt or innocence of
any groups. Since in the above-mentioned speech, Jiang Zemin overstepped his
power as it is defined in the constitution, his words have no standing in law.
In November 1999, the Judicial Department created a booklet of questions
and answers entitled "Outlaw the Cult, Prevent and Punish the Activities of
the Cult" in response to people's doubts and discontentment with the police's
extensive arrests and detention. The Judicial Department is an administrative
state organ and has no right to determine the nature of Falun Gong. However,
it unreasonably insisted that Falun Gong is a "cult."
On October 9, 1999, the Supreme People's Court and the Supreme People's
Procuratorate together published a document entitled "Directions on How to
Implement Regulations Against the Criminal Acts of Cults." However, Falun Gong
was not mentioned in the document. It means that the Supreme People's Court
and the Supreme People's Procuratorate clearly know that they don't have the
right to determine the nature of Falun Gong.
On October 30, 1999, the National People's Congress Standing Committee
passed a resolution called "Outlaw Cults, Prevent and Punish the Activities of
Cults." Again, Falun Gong was not mentioned in the resolution. It means that
the Committee did not determine the nature of Falun Gong even though it has
the power to enact laws and make decisions on major events. In summary, there
is no legal basis for the claim that "Falun Gong is a cult," even to this day.
According to the constitution, the National People's Congress and its
Standing Committee are the only two state governing bodies that have the power
to enact, change, and explain laws, and make major decisions. The claim that "Falun
Gong is an evil cult" has to be passed by the National People's Congress as a
resolution before being announced. Otherwise, it is unconstitutional.
(1) Yuan: the Chinese currency; the average monthly pay of an urban worker is
500 yuan. |