(Clearwisdom.net)

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

Sichuan Yanbian County Court criminal court: Xiao Wengang, Peng Yao, Hu Liantu;
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.

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.

1. Withdraw unlawful sentencing (2004) Yanbian No. 00045 against Plaintiff.
2. Immediately cease and desist all harmful actions against the Plaintiff.
3. Release Plaintiff.
4. Recompense Plaintiff for financial losses caused by unlawful detention.
5. Reinstate Plaintiff at the Traffic Police Department.
6. Restore Plaintiff's reputation and affirm blamelessness.
7. Assign legal responsibility to direct and indirect participants.

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.

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 2^nd 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:

1. Provision No. 36 of the "Constitution:" The citizens of the People's Republic of China are granted freedom of religious belief. (Note: citizens have the freedom to believe in Falun Gong.)
2. Provision No. 37: The personal freedom of citizens of the People's Republic of China is safeguarded from violent actions. (Note: 610 violated personal freedom).
3. Provision No. 38: The personal dignity of citizens of the People's Republic of China is safeguarded from violent actions. It is prohibited to insult, slander, frame, and bring false charges against citizens. (Note: The public security bureau, police, detention center, etc violated this provision in slandering Falun Gong).

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.

1. Illegal deprivation of citizen's freedom of belief criminality: Forcing Plaintiff to renounce his belief, forcing him to write guarantee statement to no longer practice Falun Gong by means of detention, brainwashing and implicating family and friends. Provision No. 251 of the "Criminal Law" states clearly that violation of said provision demands a sentence of up to two years of imprisonment. Forcing people to renounce their faith constitutes serious violation and demands the maximum sentence.
2. Illegal detention criminality: illegal detention, forced labor, multiple sentencing of Plaintiff, which caused the Plaintiff serious mental and physical harm and significant financial losses. Provision No. 238 of the "Criminal Law" provides for up to two years imprisonment and denial of political rights for serious breach of said provision.
3. Torment detained criminality: Plaintiff suffered illegal detention, during which he was tortured, forced to stand for long periods of time, suffer the "Death Bed," cuffing of hands and feet, torture with electric batons, tied up with ropes and other torments. Provision No. 248 of the "Criminal Law" provides three to ten years prison term imprisonment for serious violation of said Provision. Serious violation is evidenced by injury or disability.
4. Elicit confession through torture: the Plaintiff was hung up for 24 hours, deprived of sleep for two days and nights. Provision No. 247 of the "Criminal Law" stipulates three years imprisonment for violation of said provision. Serious violations constitute: elicit confession through torture or violence to obtain witnesses testimony on the accused person.
5. False accusation and entrapment: Provision No. 243 of the "Criminal Law" states: false charges and entrapment, with the intention to accuse others of criminal behavior, will result in a three years imprisonment. Government servants who commit this crime will be severely punished.
6. Abuse of power: Sentence notice No. 000045, did not show Plaintiff's alleged criminal behavior. Yanbian Court accepted evidence taken under duress by Panzhihua City Public Security Bureau policemen. Plaintiff was "interrogated through torture," and "was not clear-headed because of the torture." Provision No. 300 of the "Criminal Law" discussed "Using a government organization to hinder fair execution of law is a crime." The Plaintiff was accused unjustly and suffered irreparable harm.

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
Cc: Sichuan Panzhihua City Intermediate People's Court
Sichuan Panzhihua City People's Procuratorate