October 2000

Two Falun Gong practitioners filed a lawsuit in August with the Supreme Procuratorate of China against Jiang Zemin, the Chinese President, Zeng Qinghong, Minister of the Ministry of Human Resources and Personnel, and Luo Gan, Secretary of Political and Legal Committee of the State Council, for their crimes of persecuting Falun Gong practitioners. The Complaint requests the Supreme Procuratorate to prosecute the above three defendants for their criminal actions. This is the first lawsuit filed through legal procedures after a year of appeals and requests by Falun Gong practitioners. However, the Supreme Procuratorate failed to protect the two practitioners. Instead, they were arrested and taken from their homes by the local police. They are still in detention.

The practitioners illegally arrested and detained are Hong Kong businessman Zhu Keming and his friend Wang Jie, a Beijing practitioner. Zhu Keming was born on May 24, 1957 and is a Hong Kong permanent resident. He holds a Hong Kong Special Administrative Region passport. He is engaged in the business of selling office and home appliances. He is also the holder of two patents, one for automobile mufflers, and another for nasal decongestant medication. Mr. Zhu began practicing Falun Gong in March 1998.

Since the persecution of Falun Gong last July, Mr. Zhu and Mr. Wang have appealed to the government at various levels, citing their own experience to prove that the practice of Falun Gong is good. On August 29 of this year, they mailed a complaint to the Supreme Procuratorate of China in accordance with their right conferred by the Chinese constitution and laws. The Complaint was filed against Jiang Zemin, and his followers, Zeng Qinghong and Luo Gan for their illegal suppression of Falun Gong and inhumane treatment of Falun Gong practitioners. At 11:00 p.m. on the 7th of September more than 10 police officers jumped over a wall, entered the room where Mr. Zhu and Mr. Wang were having a business meeting in a friend's home. The police arrested the two and took them away. Their relatives discovered that Mr. Zhu and Mr. Wang are being detained secretly at the Branch Bureau of the Public Security in Fangshan District. To date the police have not notified the families of these arrests and they never produced any warrants or legal justification for the arrests.

Under Article 41 of the Constitution of the People's Republic of China, citizens of China have the right to criticize and comment on the actions of any employees of the government or governmental agencies. They also have the right to appeal, complain, or report the misconduct of employees of the government or governmental agencies provided they do not fabricate or distort the facts in order to wrongfully accuse them. Relevant government agency must investigate and process the appeal, complaint or report. No one shall exert pressure on or take revenge against citizens who file the complaint. Anyone who has been harmed due to the violation of citizen's right by government employees or governmental agencies has the right to receive compensation pursuant to law.

Prior to filing the Complaint to the Supreme Procuratorate, Mr. Zhu and Mr. Wang reported the truth about Falun Gong to the government at different levels, hoping that the government would stop the persecution. However, there was no response to their appeals. The persecution from the government did not subside, but escalated. The two, seeing the heinous crimes Jiang Zemin and others have committed against the peaceful Falun Gong practitioners, decided to file this Complaint through legal channels. After thoroughly investigating the facts they spent a week drafting the Complaint. They signed the Complaint with their true names and mailed it to the Supreme Procuratorate on August 29, 2000. They also mailed copies of the Complaints to nearly a hundred other places including various central government agencies, the People's Congress, the Political Consulting Committee, Military Schools, the city government of Beijing and the media. They had another one hundred copies that had not been distributed at the time of their arrest.

The Complaint contains over 10,000 words, and it pointed out the history, profound contents and the positive social impact of Falun Gong and countered the slanders by Jiang Zemin and his followers. The Complaint stated that "the facts and conclusions used to label Falun Gong an 'evil cult' are all fabricated, and they are far from the truth..." The Complaint also cited the constitution and laws and regulations to support their accusation that Jiang Zemin and his followers have severely violated the law.

The Complaint further stated: "there is no law or regulation ruling that the practice of certain cultivation systems or religions constitutes a crime. Therefore, Jiang Zemin's action to arrest, detain and sentence practitioners nationwide not only violated Article 3 of the Criminal Law of China but also is an insult to the Chinese constitution and laws." The Complaint further alleged: "in Falun Gong books and other materials and in the actual practice of millions of practitioners there is not a shred of evidence to support Jiang's accusation that Falun Gong is an evil cult harmful to society and people. Therefore, Jiang's accusations and conclusions about Falun Gong constitute slander and defamation against its founder and practitioners, which is in violation of Article 51 of the Constitution and Article 101 of the General Civil Law."

The Complaint pointed out that "Jiang Zemin, without any adjudication by the people's procuratorate and the court, or resolution from the People's Congress, made a statement to a reporter from a French newspaper that 'Falun Gong is an evil cult harmful to society and people.' His inappropriate and unlawful statement was repeated by other government agencies and by the media. This resulted in an all-out media propaganda campaign against Falun Gong's founder and its practitioners. Public Security Bureau arrested and detained anyone who practiced Falun Gong without any legal basis, legal authority or due process of law. Jiang's statement charged and convicted Falun Gong all by himself. Articles 80 and 81 of the Constitution relating to the scope of Presidential power do not confer any power to the President to convict any organization, individual or school of cultivation system. Therefore, Jiang Zemin's statement constituted a flagrant violation of law and an abuse of power."

The Complaint also alleged "it was groundless for the Ministry of Civil Administration to announce in July 1999 that Falun Gong is an unlawful organization." It pointed out "there is no provision in the laws of China to require citizens to register or to apply for permission from civil administrative offices to stretch their legs or bend their backs at home or in a park. Therefore, the Ministry of Civil Administration had no right or legal ground to name Falun Gong an unlawful organization, because it is a fundamental right under the law that citizens have the freedom to participate in fitness activities." While discussing Falun Gong, the Complaint stated: "Falun Gong is not a form of religion or political organization, rather it is a system for self-cultivation. Furthermore, Falun Gong does not have any form of organization or enforcement measures. Any one can learn it if he wants, and he can leave whenever he wishes". "Mr. Li Hongzhi's Falun Dafa is a cultivation system that cultivates both mind and body. As long as one is able to assimilate himself to the characteristics of the universe 'Truthfulness-Compassion-Forbearance,' he is the one who has attained the Tao. In the course of improving one's moral qualities, a cultivator will acquire a healthy body and mind. This is the experience of every true cultivator of Falun Gong."

In stating the facts of the "Zhongnanhai Appeal", the Complaint pointed out that "it was not wrong, or illegal for practitioners of any number to appeal to the central government at Zhongnanhai, and report the truth of what happened. Practitioners did not shout slogans, or block traffic, nor did they make any uncivilized remarks or engage in uncivilized activities. They merely stood on sidewalks, quietly waiting for the government's decision on this matter. Practitioners did not litter the streets. They even picked up cigarette butts left by police and passersby and put them into their pockets. Premier Zhu Rongji received the practitioners and resolved the matter, which pleased the practitioners nationwide. His action represented the government and affirmed the right of practitioners to appeal and complain about the Tianjin police department to the Central Government."

The Complaint also alleged that "Jiang Zemin, Zeng Qinghong and Luo Gan organized and ordered a group of people to use state owned TV stations, newspapers, radio stations, news media and other propaganda machines to smear, slander and defame Falun Gong. At the same time they deployed all public security and prison facilities to massively arrest, detain, torture and sentence practitioners who kept practicing and filing appeals. According to conservative statistics, in the first half of 2000 public security bureaus have unlawfully arrested several hundred thousand practitioners, and put them in jails, labor camps and secret detention centers all over the country. Some prisons even released a large number of convicted criminals to make room for arrested practitioners. An overwhelming majority of the practitioners arrested, detained and sentenced were not accorded due process of law, which required criminal trial procedures. This constituted a severe violation of Article 37 of the Constitution and Article 16 of Chinese Prison Law.

The Complaint finally requested that the People's Supreme Procuratorate cancel the arrest warrant for Mr. Li Hongzhi, the founder of Falun Gong and rescind all regulations and restrictions unfairly and illegally imposed on Falun Gong and its practitioners. The Complaint requested that all Falun Gong practitioners currently detained or sentenced to the forced labor or jail terms be released immediately. The Complaint requested the Chinese government to legalize the publication and distribution of Falun Gong books and video/audio materials. The Complaint requested the People's Supreme Procuratorate to prosecute Jiang Zemin, Zeng Qinghong and Luo Gan for their criminal actions, and to order the three defendants to openly apologize to citizens persecuted by them and to make amends to the victims for their economic loss and mental distress. The Complaint also requested to prosecute those who followed Jiang Zemin, Zeng Qinghong and Luo Gan, and engaged in plotting against and defaming Falun Gong and participated in arresting, physically abusing, and torturing Falun Gong practitioners.

The arrest of Mr. Zhu Keming and Mr. Wang by the police is a severe infringement of personal freedom and civil liberties. Mr. Zhu is a permanent resident of Hong Kong. He should be protected by the Special Administrative Government of Hong Kong. Practitioners from Hong Kong have appealed to the Hong Kong government to assist in his release. They also have appealed to the leaders of the Chinese government, all kindhearted people around the world, governments of all countries, and international organizations to express their concern and to force Jiang Zemin to stop his brutal attack on Falun Gong. To have Zhu Keming, Wang Jie and all innocent practitioners released, and to have the reputation of Falun Gong and its founder rehabilitated.

Reports stated that another Falun Gong practitioner also filed a report with the Supreme People's Procuratorate and Executive Committee of the People's Congress. He cited more than 18 violations of the Constitution and criminal law by Jiang Zemin and other officials, including abuse of power of public office, unlawful deprivation of citizens' right to religion, libel and slander, unlawful detention, torture, and forced confession, etc.