[Minghui 05/13/2001]
"Validate the Fa with reason, clarify the truth with wisdom, spread the Fa and offer people salvation with benevolence" (Rationality)
--------------------------------------------------------------------------------
A Falun Dafa Practitioner's Wife Seeks Justice:
How Jiang Zemin and his Associates Abused the Law
[Minghui Net]
On December 5, 2000, as soon as my husband arrived home from work, we heard a knock on the door. Looking through the peephole in the door, we saw the director of the residents committee and the chief of the local police station standing outside. When we opened the door, however, six or seven plain-clothes agents suddenly showed up and broke into our house. They forcibly dragged my husband away without any legal documents or explanation. Then they ransacked our home and made a mess everywhere. They were so rude to us that my elderly mother who was visiting us became so scared that she laid on the bed motionless. Finally they left without finding anything or leaving any paperwork.
The next day, I went to the local police station and asked to see my husband. The chief was very abusive to me. He yelled at me and drove me out of his office under the pretense that he was trying to have a meeting. I wanted to wait in the hallway but the police wouldn't let me, saying that I hindered their work. My husband was arrested but did not break any laws. I have the right to see him and get an explanation. But my requests were repeatedly rejected. They drove me out of the office, and then out of the hallway. Looking at a slogan on the wall that reads, "The police and the people are one family," I remembered what I heard on TV, "Our police is the people's police." I finally understood: what they say is only a show; it is all fake. What they do is to make their bosses happy and for their personal gain. Since I insisted on seeing my husband, they finally said, "Come in the evening." I believed them and went in the evening with some home cooked food, only to be told that nobody knew where my husband was. The chief of the police station used deceptive tactics to prevent me from seeing my husband. Why?
Early on the third morning, I went to ask the chief about the matter. He said that my husband was transferred and he did not know who did it. I knew he was still trying to deceive me, so I said: It has been over 24 hours since my husband was summoned for questioning. The Criminal Law prohibits detention under the pretense of a summons. Why didn't you release him? Why didn't you inform the family of the change of the detention location? Why is visiting not allowed? I made repeated inquiries at the resident committee, police station, and district police bureau but still could not find out where my husband was detained. What is the difference between this and kidnapping? This is worse than kidnapping. If we were kidnapped, we could report it to the police. Now it is the police who do not abide by the law and arrest people at will, so where can I go to report now?
After ten days, news finally came from the police station that my husband was put under criminal detention. But we were not allowed to visit or send clothes to him. When the police took him away, he was not wearing enough clothes and was not allowed to carry anything with him. Since it was still mid-winter, I did not know how much he was going to suffer from that. Later I found out that he did indeed suffer a great deal not only from the cold but also from inhumane abuse. The day after his arrest, police from the municipal police bureau, the district police bureau and the police station took my husband to a hotel and asked him to sign a statement [renouncing Falun Gong] they had prepared. My husband refused to sign. So they handcuffed him behind his back, beat him viciously and made him stand barefooted on the ground for three days and nights, during which he was denied sleep, food, and water. On the fourth day, they even declared that my husband went on a hunger strike and ordered him to be force fed. He was never interrogated after that. On the ninth day, he was put in criminal detention under the accusation of obstructing the implementation of the law. After being detained for thirty some days beyond the term, he was illegally sentenced to three years of forced labor with no evidence of criminal offense whatsoever. Those are "the people's police, the people's public security force".
When my husband was being detained, I went everywhere to report what had happened. Although some people showed their sympathy, no one dared to stand up to uphold justice. The police station said, "It wasn't us who wanted to arrest him. There is nothing we can do. Your husband did not do anything, but what we say does not count, etc." The district police bureau said, "The municipal police bureau is the one that made the decision. Your husband did not admit to any wrongdoing. He also refused to write a guarantee not to practice Falun Gong." I asked, "He is detained just for not writing a guarantee? Is it a crime not to write a guarantee? He is deprived of the right to be with his wife and son simply for not writing a guarantee?" On hearing my words, he became speechless. I made a telephone inquiry at the law-enforcement department, asking why my husband was being detained beyond the time limit? I asked what legal procedures had they gone through? I was told no legal procedures are required in dealing with Falun Gong. And the person hung up the telephone in a rage.
Then I went to the municipal Politics and Law Committee to report the situation. They said, "The police department could not be wrong; everything is dealt with in compliance with the law; whoever does not write the letter of guarantee, does not repent, and does not expose and criticize (Falun Gong) will go through the legal procedure, which is for your sake." I asked, "The police department arrests people at will and detains them beyond legal limits. What law are you complying with? Anyone who does not write a letter of guarantee, does not repent and expose and criticize will undergo legal procedure. What other law are you complying with? While persecuting the innocent and the kind-hearted to such an extent and causing families to be broken up, you are claiming it's for our sake." Hearing this, he seemed to realize how ridiculous it was, and he murmured, "This is the intention of the central government; what use is it to petition? Who are you going to file the lawsuit against? Who made the policies?"
I went to the municipal Public Security bureau to report about my husband's extended detention and interrogation by the branch bureau. A policeman with a surname "Yao" said, "So long as he does not write the letter of guarantee, he will continue to be detained. I cannot accept your complaint. I already said too much to you. If you go to the Office 610 (note: a special office set up to persecute Falun Gong practitioners), no one will listen to your complaint." I told him that I was very unsatisfied with his reply and would further appeal to the upper-level government, and that he had the obligation to give me an explanation. He became irritated and shouted at me,"Go talk with the mayor! Go appeal to the central government!"
Then I went to Office 610. Just as I was told, they pushed me out of the office and questioned who told me to go there and how I found them. According to the law, as a citizen, I have the right to monitor any government agencies and their employees, and to report to any agencies and institutions. However, I was not even able to appeal and exercise my right as conferred by the law.
When my husband was sentenced to a term in a labor camp, my health was very poor and I was laid up in the bed. My mother who was visiting me originally planned to stay behind to look after me. Frightened by the incident, she was nervous day and night. As soon as she heard a knock on the door, she would tremble all over, and her heart would race. When she could no longer withstand it she went back to her hometown with tears in her eyes. At home, only my 12-year-old son stayed with me. At that time, I requested the local police station to follow the legal proceeding by delivering my husband's written labor reeducation notice to my home, and explaining clearly which law my husband violated to deserve being taken from his home and sentenced to labor for no reason. They did not give a clear explanation, nor did they deliver the notice. Not until later when my health improved a little bit and I paid two visits to them did they give it to me (they would not have given it had I not claimed to ask for an attorney to appeal). As soon as I looked at the sentence, I saw that it was illegal: first, the facts that the sentence was based on did not exist; secondly, the notice did not show which clause of the temporary labor reeducation regulation my husband's sentence was based on; thirdly, the entire notice's wording was ambiguous, and did not have any explicit policy article boundary. My husband was treated unjustly. I certainly must wash clean wrongful treatment for him.
After receiving the notice, I went to the labor camp to bring my husband some daily necessities. I first went to the administration office of the labor camp to inquire. A young female staff person in the office had very rude manner, and shouted loudly at me until I walked out of the office. Then I went to the Security Section, where Chief Zhao received the things I brought there and told me that family visits were not allowed for Falun Gong practitioners. After that, he asked me to leave the hall and wait in the snow. It was a very cold winter day. I had traveled a long way to get there. They were just so cruel. In the TV propaganda they were depicted to be like teachers, mothers, and doctors. They were just so hypocritical. Even for Falun Gong practitioner's family members, they were so hateful. They even didn't display the basic human etiquette.
When I paid my first visit, a police officer said fiercely: "Falun Gong are all counter-revolutionary. If not transformed, they will continue to be detained. What does it matter if there are no "facts." Continuing the practice is the fact. If not transformed, they will not be released even their term expires."
When I paid my second visit, they totally changed their past attitude and took on a hypocritical face. They asked me to get some certification from various places, and said if I had the certificates, I could visit my husband. In fact, some other people had already obtained the certifications they requested, but they never allowed them to visit. They have such a rule: no family visits are permitted for Falun Gong detainees, on which they have imposed isolation from all outside contacts. Only in that way can they carry on the persecution at will. The thought of Liu Siying's death chilled me. Liu Siying (a little girl who was one of the so-called "self-immolators" in Tiananmem Square) had died silently in isolation from the outside world and even her family members. Nobody knows how she died. I must not allow such a thing to occur to my husband. Therefore, I requested to appeal and a reinvestigation of the case. According to the law, my husband has such a right.
Under my repeated requests, the labor camp finally mailed a letter from my husband. In the letter, he said he already requested the appeal, and submitted the appeal letter. So I inquired about the matter with the labor camp cadre. To my surprise, they said, "Your husband is willing to serve the prison sentence, and did not request the appeal."
In order to be able to get the reinvestigation and appeal, I rushed around to find an attorney for my husband.
I approached a renowned law office. An attorney with a surname "Yang" expressed his sympathy but said he could not help. He said, "I can work on your case and get the deposition for you to show that your husband is innocent (so long as he is), and ask them to revoke the sentence. But they may not agree with and accept my defense, so we will not win. (In China,) Political power precedes the law. Before the might of power, the law has to bow. For instance, a famous attorney made sufficient preparation for a non-criminal defense. However, when the court went into proceedings, they did not even notify her. In addition, all Falun Gong-related cases have to be approved by the supervisory agencies before they can be handled. And it's quite complicated. If they are not approved, no attorney is allowed to get involved. That has in fact deprived them of their right to obtain a lawyer. Even if they allow you to acquire a lawyer, he/she has to defend in a designated way. What use does that serve then?"
In another law office, one young attorney said: "I have consulted all legal documents. The decision to define Falun Gong as an XX [slanderous words omitted] truly has no basis in law. An XX is not defined by anyone. However, I still had no hope of winning the case, because they did not follow legal proceedings. I once agreed to handle a Falun Gong case and got to know the inside story. At that time various sides exerted pressure on me, and did not let me make an in-depth defense. I plucked up the courage only to point out that they made procedural mistakes in handling the case. I still retain the defense documents. After many years, so long as he invites me, I will certainly defend him. I know you all are good and innocent, but I do not dare to release any of your husband's investigation documents, even the suggestion letter. Once they knew it, they would arrest me and jail me. As a law-enforcing body, they did not abide by the law and could do whatever they desired. I hope you can find an even better attorney."
An attorney at another law office said: "For all politically-related cases, we do not dare to sign the contract. Suppressing Falun Gong does not have any basis, but they can create one. The newspapers and TV are all in their hands. They can say whatever they want. You said your husband did not violate the law and the labor education was given for no factual evidence. However, even if he did not violate the law and there's no fact that he should be given labor education, can't they make up one for you? Also, they claimed that your husband is in a labor camp. But you don't know whether he is in a labor camp or not. Some are locked into mental hospitals but no one knows that. We deal with them almost daily. You do not understand how shameless they are. They never talk of the law with you. They also define the law, and they can do whatever they desire. Initially wasn't it the State Council that authorized Falun Gong practice and advocated it vigorously? But now they want to crack down on it. You want to take in an attorney? But who dares to deal with it? And what use can it serve? Here's my advice: go to the labor camp and give them some money. Don't look down on them. Even a common staff member there has his private vehicle, and accumulates a lot of money. If you give some handsome cash, and your family member is really in there, they will let your family member suffer less hardship and come out earlier. Stop petitioning for the case, because it's useless."
What surprised me even more is that a big-name lawyer blatantly told me: "How much money can you pay? I'll straighten things up if you pay me 1 million Yuan RMB. I need to see how much money you can offer. I will work according to the amount of money you can pay." He sounded like a criminal organization leader.
In looking for an attorney, I called various places and explained my attempts to request visiting my husband and an opportunity to petition. But after more than two months passed by, there was still no result. Once again I visited the Labor Reeducation Administrative Committee (namely the Legal Division of the Provincial Public Security Department). A person there was especially hypocritical. On the surface he dealt with me by saying that the labor camp should allow me to visit. But under the table he ordered the labor camp absolutely not to allow me a private visit. I requested to appeal. But he said: "What's the use of appealing for cases related to Falun Gong? He'd better quickly break with it, otherwise there's no hope of his being released." I told him that I wanted to hire an attorney. He pretended to be of good intention and advised against my idea: "Attorneys deceive people. Do not waste money. Why take in an attorney simply for a labor education sentence? People who were sent to labor camps must have done something wrong." He simply wanted me to accept this kind of unreasonable persecution, and prevent me from appealing for the injustice. I insisted on appealing and asking for an attorney. A staff surnamed Zhao at the Reinvestigation Branch of the Provincial Public Security Department hypocritically said he could introduce me to an attorney, whose name was Zhang Hui. When I met Zhang Hui, she said, "You've found the right person. Zhao was a schoolmate of mine. And my husband works for the Provincial Public Security Department. If you let me handle it, it is hopeful. If you do not let me do it, reinvestigation, or a lawsuit, or whatever are useless. It's all up to you." I told her that all I wanted was to restore my husband's innocence in a legal manner and through the formal channel, and I did not intend to achieve anything through personal relationship or power. Seeing that I was honest and upright, and was not moved by threats and inducements, she became angry out, took back her name card, and shut me out of the office. Zhang Hui claimed that she was a teacher at an institute of political science and law, and was equally renowned as the most famous lawyer of the town. However, I was really surprised that her professional moral standard was so poor and her qualifications were so low. The law originally represented justice, and was unsurpassed by anything else. However, in certain people's hands, it has become a toy to be manipulated at will, and a tool to seek for profits. In those people's heart, there's no room left for justice.
With my persistent effort and constant visits, the application to reinvestigate my husband's labor sentence was finally submitted to the Reinvestigation Office of the Provincial Public Security Department's Rule-by-Law Office. Again I went to the Reinvestigation Office to inquire. But Zhao did not let me in. So I called the office. Zhao replied in rage: "The original sentence was basically unchanged. I only read the record, and conducted no factual investigation." I told him, "I requested to reinvestigate the facts. Moreover, even if you only look at the record, a labor sentence should not be handed down simply based on a written deposition." He spoke irresponsibly: "We have a plenty of eyewitnesses, but we cannot tell you." Then he hung up the phone.
Finally I found an attorney who was willing to take on my husband's case. She was greatly moved by my persistent spirit to appeal for my husband at all cost. She was also the best attorney I had met. She was very kind, very honest and very objective. She told me: "All Falun Gong cases must be approved by the Public Security Department, the governing agent of the municipal government, and the Judicial Bureau. Only Falun Gong-related cases are treated like that." She asked me to write an application report and submit it to the Judicial Bureau. It would take two weeks for a reply. However, if the Judicial Bureau did not approve, even she could not help out.
Since my husband has no safety in the labor camp, I could not wait any longer. I went to the municipal Judicial Bureau to inquire. Director Fan of the municipal Judicial Bureau explicitly told me: "No Falun Gong cases will be handled by attorneys. This is the intention from the higher levels. We also have discussed it and cannot approve it." I explained to him over and over that my husband was a good person and had been treated unjustly. The Central Government's intent is also to deal with Falun Gong through a legal process. It is illegal to deny me the right to get an attorney. The law stipulates that I have the right to obtain an attorney. He was not moved by my words, but said: "How do you know the Central Government's intent?" And he hinted that the provincial Public Security was simply perfunctory by saying that getting an attorney is permitted.
As such, in the name of so-called high-level intent, they willfully deprived me of the right to obtain an attorney, and obstructed the involvement of the attorney I had tried so hard to get. Simply because of their so-called high-level intent and their so-called study, my husband would spend three years in the dark labor camp. Being only over 30 years old, he was young and promising. And my happy family will also be broken apart because of their so-called "high-level intent." Those who have suffered the bitter experience are not only limited to me and my family . Who knows how many families have become broken up because of this kind of so-called high-level intent? And who knows how many people have become homeless and unemployed? Practicing Falun Gong has earned them a good health and harmonious family. However, the government's crackdown broke up their families and deprived them of their livelihood. It was not hard to see who is righteous and who is evil!
I would never come into terms with this kind of endless persecution, and continued to go everywhere to reveal the situation. I talked about my bitter experience to the Provincial National People's Congress (NPC), in hope of some restraint by these corrupted officials. NPC is the highest organ of power, and is the legislative and supervising organ representing the people's interest. But the NPC unexpectedly explicitly replied: "We do not supervise over the Falun Gong matter." Who can dominate the NPC and is not supervised by the NPC? Even the Legislature must give way; the law certainly no longer plays the role. What right is still left for an ordinary citizen like me?
I am only an ordinary person. What I did was simply exercising the rights bestowed by the law. I did not use any unlawful method. But I encountered unceasing harassment: first, someone placed my ad seeking for an attorney at a site of theft, attempting to frame me. Luckily this inhabitant knew me and sympathized with me. He did not report the theft for fear of getting me into trouble. Otherwise I would have been taken away as a suspect of the theft. Afterwards they made phone calls to harass me at midnight. One caller called himself Chief Liu of the municipal labor reeducation department and the other called himself deputy Chief Zhang. They first persuaded me and then threatened me to give up my appeal and asking for an attorney. When they found neither worked, they insulted me by using obscene language, and then declared they would come to my home and talk with me, which I strongly objected to. Afterwards I called the labor reeducation department to verify. However, they replied that such people did not exist. But both of them knew a lot about my family, my husband, as well as how I tried to obtain an attorney. Obviously, it could be imagined, some figures in the ranks of the public security force or labor reeducation were venting their hatred in such an obscene manner. It seemed to me that I was dealing with the underground kingdom of gangsters - there are no laws, no justice, no moral value, and no humanity. What I saw were hoodlums and hypocritical villains. If it were not my personal experiences, I would never believe that. Many kind-hearted people reminded me to take precautions about my personal safety, because the authorities had already lost their rationality and become crazy. The authorities did whatever they wanted and were not afraid of being exposed. When their villainous behaviors were exposed, they could do anything.
I have written down my bitter experience simply to enable the public to see the truth. What they have done to Falun Gong practitioners is all against the law. They tried every means to prevent me from petitioning for the case and meeting my husband, because they feared I would know the truth and more people will know the truth. In name of the central government and the people, they violated the very law, which they are supposed to enforce, took bribes and perverted justice; and they are not restrained by policy boundary. They took credit for their illegal conduct to seek personal gain. The law is already trampled into a mere scrap of paper; the public's rights and interests are in no way guaranteed.
What I wrote so far are all facts. Although my situation is very dangerous and my safety is at stake, I still want to use my limited ability to safeguard justice in the human world. If necessary, I can step out at any time to provide a testimony. Anyone who still maintains a righteous thought, please be awakened that everyone is a victim in such a social environment. Since ancient times, the evil has never prevailed over the righteous. All evil people will face the trial of history!
By a Chinese citizen: Zheng Xue (alias)
April 15, 2001
