|
All of the Penalties Imposed on Falun Gong Practitioners Are Illegal According to Chinese Law
(Clearwisdom.net) I am a legal worker. A good friend of mine is a Falun Gong
practitioner. He is a very nice, kind-hearted man. He has an interest in the
law, so we often talk about legal topics and issues. After Jiang Zemin started
the persecution of Falun Gong, we discussed our understandings of the issue. We
contemplated the issue from a legal point of view again and again. We also
consulted a good number of books. I was amazed to discover that there are severe
fundamental flaws in the way the Chinese government handles the Falun Gong
issue.
The following are some of the things we have found in our research on the
issue. We hope that people in the legal community and those who are concerned
with the current situation of the Falun Gong issue can discuss and research this
matter further. Meanwhile, we want to remind the legislative institutions and
various branches in law enforcement to stop the legal "mistakes." We also hope
that people working in law enforcement will not follow blindly their supervisors
in dealing with these cases, but will accurately follow the law. They should
point out the violations of the law to their superiors, and resist illegal
orders. They have an obligation not to carry out illegal orders. Law is serious
and sacred. Politicians cannot use it as a club to beat people.
1. Falun Gong does not have the characteristics of an "Evil Cult"
When comparing the characteristics of Falun Gong with the definition of an
"Evil Cult Organization" as defined by the Supreme Court and Supreme
Procuratorate of the People's Republic of China, it's not hard to see that Falun
Gong does not have any of the characteristics of "an Evil Cult Organization." The definition of "Evil Cult Organization" given by the Interpretation is as
follows:
"Evil Cult Organizations are organizations established by utilizing the name
of religion, Qi Gong, or other names, in which the leader is deliberately
deified. The organization makes and spreads superstition and heresy to deceive
and tempt others, to recruit and control its members, and to harm society."
Falun Gong is not a religion, nor can it be simply referred to as "Qi Gong."
It is a traditional "cultivation practice." Mr. Li Hongzhi, founder of Falun
Gong, never says in any of his works that he is "God." As to the "Buddha,"
"Tao," and "gods" mentioned in his books when he addresses the theories of
cultivation practice, those are concepts that have existed for centuries in
traditional Chinese culture and cannot be labeled as "spreading superstition and
heresy to deceive and tempt others."
Man's belief in gods has existed throughout history. One's mind and
consciousness are free. Chinese citizens have the freedom and right to believe
in what they want to believe in. In books of Buddhism, Taoism, Christianity, and
Catholicism in China, there are also topics about Buddhas, Taos, gods, the God,
and Lord. Is this "spreading superstition and heresy to deceive and tempt
others?" Doesn't the Chinese government allow its people the freedom of belief?
After all, one's belief is something that belongs to ideology. There is not yet
any article in the state law to regulate an "ideological crime."
As to "illegal organization to harm society," this has absolutely nothing to
do with Falun Gong. Can people's belief in Truth-Compassion-Forbearance
constitute an illegal organization that harm society? Chinese people understand
well how powerful Falun Gong is in terms of improving the moral standards of
society and healing illness. In 1998, the State Physical Education Bureau and
the senior state leaders of the last generation headed by Mr. Qiao Shi conducted
nationwide investigations. The conclusion in their report was, "Falun Gong is,
to the people and the country, in every aspect beneficial and not at all
harmful." (The videotape of the investigation and related document can be found
at the State Physical Education Bureau.) Also in 1998, the Ministry of Public
Security did a nationwide investigation of Falun Gong as well. Their conclusion
was, "Nothing strange was found." Those conclusions suffice to prove that Falun
Gong is not harmful. On the contrary, it is good for the nation and its people. Yet one year later, Falun Gong was labeled as an "Illegal Organization" by
state media, and later as an "Evil Cult Organization." Falun Gong has been
vilified with such terms as "killing people," "committing suicide," "having
self-immolation." All these crimes seem serious enough, but why did they emerge
all of a sudden? Why were none of those things found in the investigation done
by the Ministry of Public Security? Isn't it strange and suspect?
On January 23, 2001, on Tiananmen Square, a so-called "Falun Gong
Self-Immolation" incident took place. The media coverage was immediate and
overwhelming. They called it "live evidence of the evil cult harming people,"
which also became the compelling argument for the persecution of Falun Gong. Law
enforcement personnel changed from a previously inactive state to actively
following the orders of persecution and suppression. The propaganda planted
seeds of hatred in people's hearts and minds. Many people cursed Falun Gong and
developed a hostile attitude towards Falun Gong practitioners.
On August 14, 2001, at the 53rd Human Rights Commission of the
United Nations, the International Education and Development Organization wrote
in its statement:
"...However, we have obtained a video of that incident that, in our view,
proves that this event was staged by the government..." (Note: The complete
statement can be found in the documents of the UN, or at Clearwisdom.net). Such
objective news from the UN is, of course, forbidden in China. Chinese people see
only news that has been filtered and censored by the government; they have no
access to balanced news reports.
2. Falun Gong Activities Completely Comply with the Constitution.
Falun Gong practitioners have their belief, practice the exercises, clarify
what Falun Gong truly is to the government at all levels, gather together and
share experiences about cultivation practice, compile and print truth-clarifying
materials to expose the persecution, distribute and mail the truth-clarifying
materials, and send information of the persecution in China to overseas
practitioners.
Let's look at the articles related to the basic rights guaranteed to citizens
by the Chinese Constitution. Article 35 of Chapter Two states that citizens of
the People's Republic of China have the rights of free speech, publishing,
gathering, parade, and demonstration. Article 26 states that citizens of the
People's Republic of China have the freedom of belief. Article 37 states that
the personal freedom of the citizens of the People's Republic of China shall not
be violated. Article 41 states that citizens of the People's Republic of China
have the right to criticize and give suggestions to any government office and
employee.
Here we need to point out that the acts of Falun Gong practitioners'
compiling, printing, and distributing truth-clarifying materials about Falun
Gong, and sending information of the persecution overseas, are legal actions
intended to expose the fact that they are being wronged, that the propaganda
from the state media is slander and lies, and that there are Falun Gong
practitioners being tortured to death. Yet the government simply ignores the
great number of appeals from Falun Gong practitioners and blocks the information
of the persecution. These are legal and non-violent actions that citizens who
are being unfairly treated and persecuted should take.
3. The Supreme Court and Supreme Procuratorate Do Not Have the Right to
Interpret the Law
During the process of persecuting Falun Gong practitioners, the Supreme Court
and Supreme Procuratorate have twice made an "Interpretation," (i.e.
"Interpretation of Several Issues Regarding the Crimes of Organizing and
Utilizing Evil Cult Organizations by the Supreme Court and the Supreme
Procuratorate of the People's Republic of China.") Following the articles in
"the Interpretation" and the corresponding Article No. 300 in Criminal Law, the
Supreme Court and Supreme Procuratorate have administered penalties to Falun
Gong practitioners during the past few years. Yet people generally ignore the
fact that the Supreme Court and Supreme Procuratorate do not have the right to
interpret the law.
In Article 67, Chapter Three of the Chinese Constitution, it says clearly
that the Standing Committee of the National People's Congress executes the
following rights:
No. 4, Interpreting the law. According to Article 42 of Section 4 in Chapter
One of the Legislation Law of the People's Republic of China, the right to
interpret the law belongs to the Standing Committee of the National People's
Congress.
From the related articles quoted above from the Constitution of the People's
Republic of China and the Legislation Law of the People's Republic of China, it
is evident that "the Supreme Court and Supreme Procuratorate do not have the
right to interpret the law." The two interpretations they gave out are illegal
decisions that go beyond their rights, have no legal power, and cannot be
executed. Besides, it is an obviously "illegal action." Their legal
responsibilities should be investigated for the resulting damages and losses of
citizens and their properties.
4. It Is Not Stated that Falun Gong is an Organization of an Evil Cult in the
"Interpretation of Several Issues Regarding the Crimes of Organizing and
Utilizing Evil Cult Organizations by the Supreme Court and the
Supreme Procuratorate of the People's Republic of China"
The "Interpretation" by the Supreme Court and Supreme Procuratorate that has
been in effect since October 30, 1999 does not say that Falun Gong is an "Evil
Cult" organization, nor does it indicate that "engaging in Falun Gong activities
is a crime." Since the subject of a crime is not established, how can legal
penalties be imposed? Yet during the past four years, the "interpretation" and
corresponding article, i.e. Article No. 300 in Criminal Law (which says those
who organize and utilize evil practice schools, evil cults, or superstitions to
damage the execution of state law and regulations...) have been imposed on Falun
Gong practitioners. Isn't the subject of crime mistaken? From this point of
view, the penalties imposed on Falun Gong practitioners all these years have
been, and continue to be, illegal.
In those cases, a criminal act is not clearly determined by law, yet the
penalty is imposed on certain citizens. In addition, law enforcement personnel
from the top to the bottom confidently and forcefully say, "We are handling this
in accordance with the law." This serious violation of law in the law
enforcement system should be stopped and investigated.
5. Apart from the legislative institute and the courts, no government office
or organization has the right to convict anyone
The labeling of Falun Gong as an "evil cult" in the Party's documents,
government files, and media does not have legal basis or legal power. Those
offices do not have the right to convict anyone. When the Supreme Court and
Supreme Procuratorate called Falun Gong an "evil cult" in a press conference, it
was only their speech to the media. It is not a legal action of conviction.
We hope that the legal system in China can be improved and perfected so that
the country can truly be ruled by law. We also hope that legal workers will be
able to resist the political interference and safeguard the dignity of the law.
Conclusion
The vast number of legal workers should think about this issue. All of the
penalties to Falun Gong practitioners have no legal basis from the standpoint of
the law. The illegal treatment involves such a huge group, a group of nearly 100
million people, and has continued for several years. Now the Falun Gong issue
has become an international issue. In the United States, "The World Organization
to Investigate the Persecution of Falun Gong (WOIPFG)" was established in 2003.
In the same year, the United Nations accepted the "List of Over 20,000
Perpetrators Involved in the Persecution of Falun Gong." Under such
circumstances, if one day, when the investigation is started to look for the
responsible persecutors, won't our legal workers be found responsible as well? A legal worker March 2004 in Beijing Posting date: 5/7/2004 |