Appeal by Former "Outstanding" Policeman of No. 1 Brigade in Panzhihua's City Traffic Police Department
(Clearwisdom.net) Plaintiff: Xu Langzhou, male, 32 years old, formerly a policeman of the No. 1 Brigade in
Panzhihua City Traffic Police Department. Residence: at No. 5 / 201 No. 1 Wanyaoshu Village, Dahezhong Road, Renhe
District, Panzhihua City Defendants: Sichuan Yanbian County Court criminal court: Xiao Wengang, Peng Yao, Hu
Liantu; Issue: The defendants are charged with discriminatory and violent behavior against
the Plaintiff, circumventing laws, wrongdoing, and denial of the Plaintiff's
fundamental rights, primarily denial of his personal freedom and freedom belief. Legal Action Remedy: Basis for appeal: The defendants refused "to consider basic facts, and apply existing
law." Defendants are charged with violation of "Ethics and Principles,
which are the backbone of law enforcement personnel; violated China's
"Constitution," "Criminal Laws," "Established
Procedures," "People's Police Law" and so on. Further charges
include, violation of established regulations, consent to violation of law,
sentencing innocent people, and violating knowingly and recklessly fundamental
human rights. Lastly, but equally important, disturbance and destruction of
family of the Plaintiff, and causing pain and suffering. History: The Plaintiff is the former policeman of No. 1 Brigade in Panzhihua City
Traffic Police Department. He was assigned to oversee and resolve traffic
accidents. He began to practice Falun Gong in 1994. He lived according to the
principles "Truthfulness, Compassion, Forbearance." Within a short
time, his diseases disappeared and he became healthy. Before he practiced Falun
Gong, he used to smoke, drink, physically assault people (especially drivers who
had left the scene of an accident), and accepted free dinners, money and gifts.
After practicing Falun Gong, he was no longer corrupt. He no longer accepted
dinner invitations, gifts or money. He worked diligently and responsibly, was
dedicated to his job, professional, and dealt with traffic accidents in a fast,
professional and fair manner. He was recognized yearly as outstanding police
officer. Panzhihua City Television also reported on the Plaintiff, yet this kind
and positive individual is being repeatedly persecuted. Since July 22, 1999, the government propaganda machine has publicized a
series of reports about Falun Gong. The Plaintiff thought the media reports to
be untrue, framing the innocent and fabricating lies. The Plaintiff trusted the
government. He felt that to be responsible to the country and people, he had to
appeal at the Appeal Office in Beijing. He wanted the true situation of Falun
Gong to be known. Instead, he was arrested, unjustly taken to Panzhihua
Detention Center and detained for several days. Afterwards, his workplace forced
him to choose between Falun Gong and his job, and the Plaintiff chose Falun Gong
and his job. In the end, he lost his job, because he persisted in his practice
of Falun Gong. On November 23, 1999, the Plaintiff appealed at Panzhihua City People's
Government Appeal Office. He wanted tell the facts of Falun Gong's persecution,
and clarify the truth. But, before he had finished, the staff of the
Appeal Office reported him to the Public Security Bureau. He was arrested by
Panzhihua City Public Security Bureau 610 Office, and taken to
Dadukou Police Station in the East District, the police station of his permanent
residency. That night, he was detained in the police station basement. There was
no bed or stool, just an empty room. It was very cold, the Plaintiff was only
wearing thin clothes, and therefore was freezing all night long. On the second
day, he was sent to the detention center, and detained for a month. In 2000, the Plaintiff practiced the exercises outside his home. He was
arrested and detained at Panzhihua City Detention Center. Because he told the
persecution facts of Falun Gong to other detainees, the police tortured him for
13 days. The torture method they used was the Death Bed -- his four
limbs were stretched out and tied to the four corners of an icy-cold metal bed,
with thick iron chains across his chest. He could not move, was not allowed to
get up to eat, drink, or go to the bathroom. It was very painful. On March 15,
2000, the Plaintiff was sentenced by Panzhihua City 610 Office to 2 years of
forced labor, and sent to Xinhua Forced Labor Camp in Mianyang, Sichuan. The Plaintiff suffered all sorts of physical and mental torture in Xinhua
Forced Labor Camp. Because he was steadfast, the guards of the forced labor camp
tortured him with electric batons of thirty thousand volts. They burned a hole
into his skin with the electric baton, and one could smell the burned flesh. The
forced labor camp tried all kind of torture methods to force the Plaintiff to
renounce his belief. Several guards pressed him to the ground, tied him with
ropes, and stepped on the Plaintiff's face, with half of his face pressed on
small pieces of broken bricks. His face was injured and bled. The rope cut into
his flesh. After he was tightly tied up with many ropes, he was left in the
scorching sun of a hot summer. When he was released from the forced labor camp,
one could still see the scars on his face, and the rope marks on his shoulder. The Plaintiff was forced into slave labor at the labor camp. He had to fire
brick and the temperature was unbearably hot. They forced the Plaintiff to pick
up the brick when it was still scorching hot. One could light a cigarette on the
brick. Regular clothes would all become red. Therefore, even during hot days,
i.e., 30 to 40 degrees, workers had to wear cotton-padded jackets with long
sleeves, which covered the hands, and long trousers. The sleeves were filled
with car rubber tires. A youth, around 30 years old, could only pick bricks for
two minutes, and most of the brick pickers were sick when they left that hot
room. They had brick dust all over their body. The weather was very hot, but the police did not give them any water. The
Plaintiff could only drink rain-water. There were insects and the water smelled.
It was not enough water to quench the thirst. When he was too thirsty during hot
days, he had to crawl to the waste drainage and drink waste-water. This resulted
in further torture from the supervising prisoners. Because of the lack of
drinking water, people often fainted in the canteen during lunch-time. Whoever
was released from Xinhua Forced Labor Camp said that it was living hell. He
spent two years like that. Because he did not renounce his belief and his
wanting to be a good person, his prison term was extended by nine months. While the Plaintiff was detained at the forced labor camp, his wife could no
longer bear the stress and divorced him. The Plaintiff, after his release from
the forced labor camp, had bruises all over his body. He moved in with his
sister. Police from the National Protection Unit harassed him for more than a
year. The Plaintiff and his partners established a coating factory. Shortly
after the production went into full swing, he again suffered from the
persecution. At 9 a.m. on April 9, 2004, when the Plaintiff was busy in the coating
factory, policemen from the National Protection Unit of Panzhihua City Public
Security Bureau arrested him. There were more than ten plain clothed policemen
who did not present any legal documents. They put a black bag on the Plaintiff's
head, and took him to the conference room on the 2nd floor of Jingu
Hotel at Area B, Xinxian Town, Yanbian County. They tortured him to elicit a
confession. Policemen Qin Gang, Zou Yongjun and others hung up the Plaintiff for
one day and night, and deprived him of sleep for three days and two nights. Qin
Gang, Zou Yongjun and Huang Songjin took turns to interrogate and torment the
Plaintiff days and nights. They did not dare to show the Plaintiff their
identification. They did not record the interrogation period, place, names of
participants and so on. They falsified the time as if they interrogated him only
every four hours. The location was changed from Jingu Hotel to Yanbian County
Public Security Bureau. The Plaintiff admitted to and signed the "falsified
evidence." (Qin Gang forced Xu Langzhou to sign, he refused. Qin Gang then
said: "If you do not sign, do not admit, I will kill you! Xu Langzhou was
totally exhausted because of the torture and long hours without sleep and signed
the document.) During the illegal arrest, the policemen from the National Protection Unit
confiscated Xu Langzhou's bag (it contained the account book, receipt and more
than 3,000 yuan cash belonging to the coating factory). The police
falsely claimed that the bag held Falun Gong materials, and did not reveal that
there was money. Moreover, Zou Yongjun from the National Protection Unit forced
a worker from the coating factory to forge evidence. On September 14, 2004, Yanbian Court held an illegal trial. During the court
hearing, the Plaintiff exposed the police. He recounted the torture he suffered
during interrogation, and declared all his words and acts null and void, as his
consciousness was not clear due to the torture. Because of "insufficient
evidence," the court was unable to sentence him at that time. Also, public
pressure stopped the face trial. On November 1, 2004, the court held a second
trial, because of extreme pressure by the 610 office. The presiding judge
ignored the inhuman torture during interrogation, falsification of the charges,
withholding facts, lack of evidence, used the fabricated material provided by
Panzhihua City 610 Office police, ignored existing law, encouraged the corrupt
behavior of the Defendants, supported the persecution of kind people and
sentenced the Plaintiff to eight years and six months. Given the aforementioned facts, it can be established that the defendants
contravened existing law. Their actions were in violation of the Chinese
"Constitution" and existing "Criminal Law." Details include
the following: 1. Violations of: 2. Disrespect of established criminal law include, but not all inclusive,
illegal deprivation of citizen's freedom of belief, illegal detention, torment
of detainee, eliciting confession through torture, false accusation and
entrapment, and abuse of power. The Yanbian Court is knowledgeable about the law and violated the law
calculatedly. It sentenced the Falun Dafa practitioner without due cause, is
in violation of Provision No. 3 and No. 4 of "Criminal Law;"
Provision No. 8 of No. 83 amendment, passed on December 28, 2002; Provision
No. 397 and other Provisions. Provision No. 397 of existing "Criminal
Law" allows for three to seven years imprisonment, depending on the
seriousness of the crime. The Plaintiff is an innocent victim of the persecution. He suffered
irreparable harm, unlawful arrest, detainment, unfair and biased trials,
imprisonment and torture due to the actions of the executors of the law. The
judge knowingly ignored legal liabilities of the perpetrators of the injustice.
The judge consciously sentenced an innocent person and bent the law to benefit
injustice. The judge chose deliberately between personal power and the truth;
between insensitivity and goodness and chose to forsake goodness and courage.
The judge chose to forsake morality and justice, moved 100 degrees from being
upright and just, handed down an illogical rule, and did not serve justice.
Those who do violence to the kind are no doubt evil and the evildoers will
receive justice. The Plaintiff and his family members will appeal until exonerated. Plaintiff
requests redress of the injustice he suffered. He asks the court to return to
the path of truth, serve the people as stipulated under existing law, safeguard
the sanctity of the law and carry out the responsibilities granted under the
law. The Plaintiff brings his appeal to the court, the procuratorate and all other
levels within the court system, to ask for the return of justice, withdraw
unlawful sentence, and unconditionally release the Plaintiff. Furthermore, the
Plaintiff asks that the perpetrators of aforementioned crimes be brought to
justice and served the appropriate sentence. Yours Sincerely Appealer: Xu Langzhou
Yanbian County Procuratorate: Xu Henggui, Tang Xinghua, You Fangping;
Panzhihua City 610 Office;
Policemen of the National Protection Unit in Panzhihua City Public Security
Bureau: Qin Gang, Zou Yongjun, Huang Songjin;
Panzhihua City Detention Center;
Xinhua Forced Labor Camp in Mianyang, Sichuan.
Cc: Sichuan Panzhihua City Intermediate People's Court
Sichuan Panzhihua City People's Procuratorate
Chinese version available at
http://www.minghui.org/mh/articles/2005/2/12/95355.html
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