Officers Attack Couple and Fabricate Charges Against Husband

(Minghui.org) Mr. Zhao Hongtao is an employee of the Jinxi Iron & Steel Group in Qianxi County. As Mr. Zhao and his wife Wang Zhixin were withdrawing money from the Qianxi Urban Credit Union on December 8, 2012 at around 8:00 p.m., two people suddenly attacked them. One of the attackers was Xu Zhigang from the Qianxi County Domestic Security Division.

The attackers pulled Ms. Wang's arm and yelled, “Come with us!” Mr. Zhao screamed at the top of his lungs, “Robbery!” The two officers panicked, and Ms. Wang managed to run away. Mr. Zhao was taken into custody and his bank card was confiscated. His wife was forced to stay away from her home for fear of also being illegally detained.

Mr. Zhao Hongtao has been held in Qianxi County Detention Center for over three months. When his family went there to demand his release, officer Xu Zhigang said to them, “When you bring his wife here, we will release him. We are going to let you have a miserable New Year's holiday.”

The Qianxi County Domestic Security and Procuratorate charged Mr. Zhao Hongtao with “Disturbing the performance of public duties” on December 21, 2012, and attempted to sentence him.

When his family members went to the Procuratorate, Fu Lianguo, the individual responsible for the case, and attorney Zheng Jinkuan stated, “Find his wife, then we can solve this case.”

After his family consulted legal experts for advice, they learned that according to the Criminal Law Code, to violate the “Disturbing the performance of public duties” statute, the party must carry out an unlawful public act.

1. Xu Zhigang and his accomplice, as officers of the Qianxi County Domestic Security Division, should know the meaning of “Performance of official duties in accordance with the law.” They were not wearing uniforms, nor did they show their IDs or a legal warrant. They did not act in accordance with the law themselves. Their crime is falsely charging Mr. Zhao with “disturbing the performance of public duties.”

2. To “disturb the performance of public duties,” the party must use “violence or threats.” Mr. Zhao did not use violence or threats, he only yelled “Robbery!” Mr. Zhao's reaction was to act on his instinct of self-protection. He did not hurt anyone. His behavior does not fit the conditions for “disturbing the performance of public duties.” Mr. Zhao is innocent.

3. Xu Zhigang did not notify Mr. Zhao's family within 24 hours of his arrest, so his family has no idea whether Mr. Zhao has been interrogated or tortured. His family members have not seen him for over three months, and they are very anxious about his safety as well as his physical and mental state.

Xu Zhigang and his accomplice were not carrying out public duties, but instead kidnapped people and stole their bank card.

Mr. Zhao's father, in his sixties, and young child, 4-5 years old, have been left on their own at home. They lost their only source of income, so Mr. Zhao's father has had to borrow money for living expenses and to pay for his son, who is still held in the detention center.

Perpetrators:
Xu Zhigang, Domestic Security Division: [phone] (Cell), [phone] (Home)
Zheng Jinkuan, head of the Procuratorate: [phone] (Cell), [phone] (Cell), [phone] (Office)
Cai Xiue, case manager: [phone] (Cell), [phone]
Li Chaoying, deputy secretary of Qianxi Political Judiciary Committee: [phone] (Cell), [phone] (Office), [phone] (Home)