Sentenced to Six Years' Imprisonment, Falun Dafa Practitioner Chen Fenglei Appeals for Compensation

(Clearwisdom.net) Falun Dafa practitioner Mr. Chen Fenglei in Renqiu City, Hebei Province, was illegally sentenced to prison for six years without being allowed to notify his family. Chen Fenglei has been illegally detained in Renqiu Detention Center since June 9, 2006, and the prison still does not allow his family to meet with him. An appeal letter from Chen Fenglei was rejected, and he is now appealing to the Supreme Court for compensation. His wife Chai Xiumei also appealed to the Supreme Court according to the law, requesting justice for her husband.

Dafa disciples Mr. Chen Fenglei and his wife Ms. Chai Xiumei were persecuted severely by local officials for several years. Mr. Chen was harassed, arrested and detained many times by policemen from Renqiu Police Station and Yuxi Police Station. In 2000, he went to Renqiu Police Station to clarify the truth of Falun Gong and asked them to release his fellow practitioners. Policeman Hao Jianqiao in the Political Security Division slapped him twice and illegally detained him for two months. Later he was illegally sentenced to prison for five years. His wife went to Beijing to clarify the truth of Falun Gong, but was illegally detained for five months, and later was illegally sentenced to a forced labor camp for three years.

While they were in prison, no one took care of their two children--one is thirteen and the other ten. Left without food, the children sold anything of value to buy food, but still did not have enough. Since their parents were not home, some children in the village threatened and beat them. Some bad people went to their home to steal things. In this environment, his two children were hurt greatly. Both left their schools, and now wander the streets.

Mr. Chen Fenglei and his wife are appealing to the Supreme Court and asking for compensation of 200,000 yuan. They revealed the lawless personnel's illegal behavior of infringing on their human rights, pointing out that Mr. Chen is not guilty and should be released at once. Below is his appeal letter.

To: the Supreme Court

Appellant: Chen Fenglei Gender: M Age: 45
Address: the 6^th street, Xinhua Rd, Renqiu City
Appealee: Renqiu City People's Court
Legal representative: Yan Zhiguo Position: Dean of Renqiu City People's Court
Address: Family house Area of Renqiu City People's Court

Request:

1. Revoke the sentence given to Chen Fenglei and release him, declaring him not guilty
2. Compensate him 200,000 yuan for economic and emotional losses according to Claims Act of China.

Facts:

1. Abuse of power and infringing on human rights.

Chen Fenglei is a citizen living at the 6^th St, Xinhua Road, Renqiu City. On June 9, 2006, he went out and was arrested and detained illegally. After 150 days, on November 3, 2006 he was sentenced to prison for six years by Renqiu City People's Court. The court directly infringed on a citizen's freedom, which formed the behavior of abusing power and infringing on human rights.

2. Disregarding Legal Procedures

Chen Fenglei was illegally detained from June 9, 2006 until January 3, 2007, when he was illegally sentenced. The whole term was 150 days, which violated the 15-day legal detention time. This directly infringed the appellant's legal rights and personal freedom. The appellee abused power and detained the appellant without any reason, disregarding legal procedure.

3. Depriving the appellant's family of their right to know

During the process of Chen Fenglei's case, the Renqiu People's Court not only failed to inform his family to attend the hearing but also did not send any legal document to his family. The trial lost its public nature and fairness, justice and impartiality, and the appellant's family were directly deprived of their legal right to be notified.

4. Main evidence is not sufficient to charge

When Chen Fenglei went out, he did not do anything to harm the nation, the society or other citizens. Chen Fenglei's personal freedom should be protected by the 35^th and 36^th acts of the Constitution. However, the Renqiu City People's Court sentenced him to six years of imprisonment without any evidence, using the excuse of "using a (offending term omitted) organization to disrupt the administration of law."

The above charge of "disrupting the administration of law by distributing Falun Gong promotional materials" has no legal grounds. The court does not mention whom Mr. Chen Fenglei distributed the promotional material to and what kind of social harm he did. They also did not say which law he violated. Therefore, the charge has no relationship with "distributing materials." It should not be treated as legal fact. Therefore the sentence of "disrupting the administration of law" cannot be considered valid. However based on the above charge, Chen Fenglei was sentenced to six years' imprisonment. The case's main evidence was not sufficient to charge and the case verdict was totally wrong. The court abused its power and fabricated the unjust case.

Based on the stipulation in Term 2, Article 42 of the Administrative Procedure Law of the People's Republic of China, the appellant requests that the sentence imposed on the appellant be revoked and he be released, declared not guilty, and be compensated 200,000 yuan for economic and emotional losses, because the main facts were not clear, the main evidence was not sufficient and the court violated legal procedure.

Appellant: Chen Fenglei

January 14, 2007

Chinese version available at http://www.minghui.org/mh/articles/2007/1/20/147236.html

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