(Minghui.org) On March 14, 2013, the home of Ms. Li Xia, a Falun Gong practitioner from Guiyang County, Guizhou Province, was raided. The only eyewitness was her 80-year-old mother. The perpetrators were policemen from the Guiding County Domestic Security Division: Xiao Jian, Luo Shiyong, Shi Zhennan and Zhang Hongyou. They were let in by the landlord, but they raided the home without a warrant. Ms. Li's elderly mother was terrified. After ransacking her home, the police went to Ms. Li Xia's workplace and arrested her. She is now being held in Qiannanzhou Women’s Detention Center.
Ms. Li's husband, Mr. Xu Xinshan, wrote a complaint, sued the policemen who raided their home and arrested his wife, and demanded the immediate release of his wife as well as the return of all personal belongings and compensation for damages.
The following is Mr. Xu's official letter of complaint:
My name is Xu Xinshan, my wife is Li Xia, and we are from Guiding County, Guizhou Province. We rented a home in Guiyang City and make a living by doing odd jobs. On March 14, 2013 around 2 p.m., the landlord knocked on the door. My 80-year-old mother-in-law, who was the only person home, opened the door and saw a group of policemen. One stated that he came just to visit them, but they did not show any warrant or ID, and came straight inside the home and ransacked my home. Later we learned that there were a total of 13 people from the Qiannanzhou Guiding County Domestic Security Division, the Guiyang Xiaohe District Changjianglu Police Station and one “witness” from the Guiyang Xiaohe Qianjiang Factory dormitory. My mother-in-law tried to stop them but could not. She was scared to death. They ransacked the home for over two hours. They took away two to three boxes of Dafa-related books, a DVD player, some DVDs, three cell phones, a bank card (containing 3,000 yuan), and also 3,000 yuan in cash. They forced my mother-in-law to “sign” a document with a fingerprint but did not tell her what it was about.
After that, the landlord took the police to where my wife worked and they arrested her. She has been held in the Qiannanzhou Women's Detention Center for over four months now. On her detention notification, they framed my wife with the charge “using a cult organization to undermine law enforcement.” Those who handled the case are police officers from the Domestic Security Division in Guiding County: Xiao Jian, Luo Shiyong, Shi Zhennan, and Zhang Hongyou.
After my wife was arrested, two policemen from the Guiding County Police Department came for me. I was interrogated for over three hours in the Guiyang Changjianglu Police Station. Two days later, two more policemen came to inquire about my mother-in-law's registered residence. How long has she been here? I have a 15-year-old son who is in junior high school, I have to go out work, my mother-in-law and my son takes care of each other at home. We live a very hard life. The actions of those policemen caused enormous emotional agony to my family.
My wife Li Xia attended a Falun Dafa lecture series in 1993 held by Master Li Hongzhi. She was greatly impressed by the profoundness of Dafa and began cultivation practice. After we were married, we moved back to our original home in Jiangsu Province. In order to make a living, she endured a great deal. She cut hair and wove bamboo fencing for construction use, her hands were covered with callouses. After she started practicing Falun Dafa, she became healthy and she now abides by the principles of Truthfulness-Compassion-Forbearance. She is a virtuous wife and nurturing mother, she works hard, and has done nothing to harm society or others. Our family has become more harmonious and happy. If there were more people who cultivated Falun Dafa like my wife, the morality of society would elevate, since everyone would want to be a good person.
But at a time when we sought to live a good and peaceful live, my wife was arrested! I want to ask you: Is it wrong to be a good person who believes in Truthfulness-Compassion-Forbearance in such a materialistic society? My wife did not commit any crime. I have researched related historical and legal material, which I have summarized here:
I. Falun Gong teaches people to be good, it has spread from China to all over the world.
Falun Gong also called Falun Dafa, was introduced to the public in Changchun, China by Master Li Hongzhi in May of 1992. Falun Dafa is easy to learn. Students read the main text, Zhuan Falun, and other books for self elevation and do five sets of qigong exercises. Cultivators follow the principles of Truthfulness-Compassion-Forbearance in their daily living, seek to improve their moral standards and experience health benefits from the exercises. The practice helps individuals get rid of unhealthy habits and addictions as well as harmonize their family life, and promotes social morality.
Because of the healing power of Dafa, and its role in moral elevation, it has attracted more and more people. In just a few short years, it has spread all over China. And now it has spread to over 100 countries all over the world, and has received numerous proclamations, letters of support and resolutions – over 3,000 items. The main book of Falun Gong, Zhuan Falun, has been translated into 30 different languages and welcomed by people of various ethnic groups.
II. The Chinese Constitution ensures Falun Gong practitioners freedom of belief and freedom of speech
1. Article 35 of the Chinese Constitution stipulates that citizens have freedom of speech, press, assembly, association, procession and of demonstration. Therefore, the production and distribution of Falun Gong materials is legal.
2. Article 36 of the Constitution stipulates that citizens have freedom of religious belief. No state organization, social organization or individual may force citizens to believe in a religion or not, nor may they discriminate against religious citizens or non-religious citizens. Therefore, citizens' belief in Falun Gong is constitutionally protected.
3. Article 37 of the Constitution stipulates that the liberty of citizens is inviolable. No citizen should be arrested without authorization by the People's Procuratorate or the people's court. Unlawful detention by other means is illegal as are restrictions of citizens' personal freedom and unlawful search of the body.
III. Falun Gong teaches people to be kind; it is not a cult.
Falun Gong teaches people to be kind, and cultivators benefit both mentally and physically; it is not a cult. In 2000, the Central Committee, State Council and the Ministry of Public Security jointly issued the "Ministry of Public Security (Notification)" (2000) No. 39 document which states: (summary)
Identified cults are of 14 kinds, of which the central Committee and State Council have documented seven kinds, and the Ministry of Public Security has identified seven kinds.
There is no “Falun Gong” on either list.
Jiang Zemin called Falun Gong a cult when he was interviewed by a Le Figaro reporter on October 26, 1999. This was his personal comment and there was a following article in late October 1999 in the People's Daily, vigorously attacking Falun Gong. Then, under the control of the Chinese Communist Party, other newspapers followed suit, but none of these articles has any legal standing.
Actions based on Jiang Zemin's speech and an article from People's Daily have no power of law. Acting against people on such a basis is illegal, and constitutes the crime of defamation!
In the National People's Representative Standing Committee statement "On banning cults and preventing and punishing cult activities" and in the "Supreme People's Court and Supreme People's Procuratorate interpretation of “How to handle cult organizations used for organized crime" there is also no mention of "Falun Gong."
The statement "Falun Gong is a cult," only appears in internal notifications issued from the Supreme Court and the Supreme People's Procuratorate, and internal notices are not commonly used as a legal basis for action.
IV. Chinese Public Security authorities should comply with the "World Declaration of Human Rights" and other international conventions
China is one of the founding members of the United Nations and one of the five permanent members of the Security Council of the United Nations, so it should be subject to the constraints of international conventions such as the "Universal Declaration of Human Rights" and the "International Covenant on Civil and Political Rights" which address the establishment of freedom of thought, freedom of religion, freedom of speech, and freedom of expression. These principles should guide Chinese judicial organizations, since international conventions take precedence over domestic law when applicable. Such principles should receive universal judicial adherence and fulfillment.
V. All personnel persecuting Falun Gong practitioners are committing crimes themselves
To treat Falun Gong, a practice that teaches people to be good, as a "cult" and using laws related to cults to persecute Falun Gong practitioners, such as the law against "using a cult to undermine law enforcement crime," is illegal and thus leads to acts of illegal arrest, detention, imprisonment by all levels of law enforcement agencies. Such crimes committed by police may include:
1. Favoritism: applying the same law to different groups differently
2. Illegal searches: conducting illegal searches is against criminal law and court rulings
3. Dereliction of duty
4. Unlawful deprivation of citizens' expression of religious beliefs
5. Abuse of power
6. Illegal intrusion into citizens' residences
7. Illegal detention: Criminal Law Section 238 stipulates illegal detention or illegal deprivation of liberty constitutes a crime. Staff of state organizations who abuse power and commit such crimes should be severely punished. A Supreme court ruling states: "1) illegal deprivation of liberty for more than 24 hours ...... 6) if judicial staff members know there is no proof or evidence of crime, yet still illegally detain persons," then charges shall be filed in accordance with the crime of illegal detention.
8. Unlawful breaking and entering and burglary
All participants not only violate the law by performing illegal arrests, detentions, and prosecutions, but also cause great harm to the victims and their families.
"Civil Law" Article 54 of Chapter IX states: "Civil servants who clearly make illegal decisions or orders, shall bear the corresponding responsibility."
Using facts and the law as the basis for action must be the principle followed by judicial investigators.
The police, prosecutors, and the courts are part of the national legal system,and must follow national criminal law in handling cases. In view of all of the above, I claim: Regarding the case of the Guiding County Public Security Bureau National Security Brigade ransacking my home and detaining my wife, I call for the prosecution of all persons involved and legally responsible; the release of my wife; and the return all the items taken. Also, the pain and damage inflicted upon me and our family, mentally and economically, and the damage to our reputations should be legally compensated.
Complainant:
Xu Xinshan
July 25, 2013
