The CCP’s Persecution of Falun Gong Is Illegal and Against the Rule of Law

(Minghui.org) Jiang Zemin, a former Chinese Communist Party (CCP) leader, started the suppression of Falun Gong in July 1999, and it has continued unabated. In the name of law, the regime has arbitrarily arrested and detained practitioners and sent them to forced labor camps and prisons.

A closer look shows the persecution is illegal in many respects. It has violated the Chinese Constitution, the laws of the land, and the rule of law.

Violating the Constitution

The Constitution protects a Chinese citizen’s basic rights. The suppression contradicts Articles 33, 35, and 36:

Article 33: “The State respects and preserves human rights.” The arbitrary detention, torture, and brainwashing of practitioners have violated their basic human rights.

Article 35: “Citizens of the People’s Republic of China enjoy freedom of speech, of the press, of assembly, of association, of procession, and of demonstration.” By prohibiting practitioners from group practice, telling others about the practice, and distributing Falun Gong materials, the CCP has violated this Article.

Article 36: “Citizens of the People’s Republic of China enjoy freedom of religious belief.” Falun Gong practitioners follow the principles of Truthfulness-Compassion-Forbearance. By suppressing the practice and mistreating practitioners, the CCP has violated this Article.

Violating Laws

The persecution contradicts China’s laws in several ways. First, the announcement issued in 1999 that Falun Gong was to be suppressed was an internal document disseminated by the CCP, not a law. According to Legislative Law, an organization can only be banned by the National People’s Congress or its Standing Committee. A decision issued by the CCP alone has no legal authority.

Second, the CCP has arbitrarily arrested and detained a large number of practitioners and sent them to labor camps or sentenced them to prison without following the judicial process fairly and openly. That has violated the Criminal Procedure Law regarding due process and citizens’ rights to defense.

Third, the CCP often sentences Falun Gong practitioners using Article 300 of Criminal Law that states, “Whoever forms or uses superstitious sects or secret societies or weird religious organizations or uses superstition to undermine the implementation of the laws and administrative rules and regulations of the State…” There is no law that specifies Falun Gong as a “superstitious sect” or “secret society.” Announcements issued by the General Office of the State Council and the Ministry of Public Security are administrative documents and have no legal authority.

Extrajudicial Power

A month before the official start of the persecution in July 1999, Jiang established the 610 Office as an extrajudicial entity to oversee the nationwide, systematic persecution of Falun Gong. Penetrating the government at all levels, it has ultimate power to direct the persecution—like secret police above the law.

Aside from the 610 Office, the police and other government agencies also arrest practitioners arbitrarily, citing their duty to “maintain stability.” Practitioners are then often subject to criminal detention, fines, labor camp detention, imprisonment, and other type of mistreatment without benefit of a trial.

Violating the Rule of Law by Abusing Public Opinion and Justice

Throughout the persecution, the CCP-controlled media outlets have often defamed Falun Gong with lies to justify the persecution, thereby violating the principle of presumption of innocence and the principle of judicial independence.

On Falun Gong-related cases, the judicial decisions were often made based on political directives, contradicting the principles of independent trial and legal process.

Summary

The CCP’s persecution of Falun Gong is illegal because it contradicts the Constitution and laws of China, international conventions, and the basic principle of the rule of law. Although the legal system is meant to protect a citizen’s basic rights, it has now become a tool for the CCP to target dissidents and suppress freedom of belief and freedom of speech.

Over the past 25 years, the persecution of Falun Gong has been the most serious human rights issue in China. Due to economic interests and wishful thinking about the CCP, international society has largely avoided this issue and not recognized that this is the most widespread and serious persecution based on faith in modern times. There are some government officials and individuals who oppose the persecution, but their number is limited because the news media in general and many governments have been ignoring the fact that “the CCP is persecuting people who follow the principles of Truthfulness-Compassion-Forbearance.”

It is important to recognize that domestic suppression is not the CCP’s ultimate goal. Concrete evidence has shown that the regime is actively pushing its communist ideology overseas in its attempt to dominate the world. It is important for government officials and common citizens all over the world to be clear on this and take action before it is too late.