The "Rule of Law" Should Start with Bringing Jiang and His Criminal Group to Justice
(Clearwisdom.net) In 1999, right after China amended its constitution and incorporated the idea of "rule of law," the establishment of a deformed and criminal organization that was above all laws was openly declared by the then-highest ranking leader of China. The unconstitutional organization was established on June 10, 1999 and was called the "610 Office." Internally, it is formally named "Leading Group of the Chinese Communist Party Central Committee to Address the Issue of Falun Gong."
The reason for calling the 610 Office an unconstitutional criminal organization is given below.
The 610 Office is in essence a Party organization (this is also obvious from its name). That is why it is not approved by the People's Congress (the highest authority designated by the Constitution), nor is it appointed by the State Council. However, the 610 Office has its branch offices in both central and local administrative agencies, and thereby directly intervenes with administration and judicature. In fact, the existing Chinese Criminal Law and Criminal Procedure Law, as well as the system of police, procuratorate, and courts, have clear legal definitions with respect to any illegal and criminal behavior of citizens. The establishment of a "leading group" which is independent and outside of the existing judicial system precisely indicates that the behavior of Falun Gong practitioners does not violate existing Chinese laws, and that is the reason why Jiang has to rely on such a "leading group" to handle this issue outside of the law.
The Chinese Constitution unambiguously stipulates that the People's Court and People's Procuratorate should independently exercise their powers to try and prosecute people, and that the system is not to be interfered with. If the so-called "orders" or "directives" from the 610 Office to the judicial system are compliant with the law, it simply means that the 610 Office is a redundant organization and should be abolished. If they disagree with the law, it indicates even more clearly that the 610 Office is an organization that damages the legal system.
According to reports by the World Organization to Investigate the Persecution of Falun Gong, the 610 Office exists under the aegis of the Party Central Committee in all cities, rural areas, administrative departments, and schools. The organization has disturbed the existing infrastructure of the Chinese Communist Party and the Chinese government in terms of its establishment, organization structure, reporting structure, operation, and funding. It also has power that is above and beyond the existing Chinese Constitution and laws and it has resources at its discretion. Since the 610 Office controls all matters related to Falun Gong, it has become the personal command system and enforcement organization of Jiang Zemin. This organization, which has absolutely no legal basis, is similar in its nature to the Gestapo of Nazi Germany and the "cultural revolution group" during the Chinese Cultural Revolution.
During the past five years, under the direct orders of Jiang Zemin, Luo Gan, Liu Jing, Zhou Yongkang, and the 610 Office, the Chinese police, Procuratorate, court system, prison system, and forced labor system have in reality been completely hijacked and have become the private tool of the small clique of Jiang, Luo, Liu, and Zhou.
According to a November 10 Clearwisdom.net report, Falun Gong practitioner Zhang Rucheng, 33, from Liaoning Province, was electrically shocked for half an hour at Lingyuan Prison in Liaoning Province on June 3, 2004 by prison guards with three 150-kilovolt electric batons. Zhang's face was deformed by the electric shocking. His cheeks and chin were heavily swollen, and his lips thrust out as a result of swelling. There were blisters everywhere and blood dripped off his face. While electrically shocking the victim, prison guard Sun Shouguo said to Zhang, "This electric baton is made by the state, and therefore my using it is legitimate." Why do prison guards behave so outrageously? It is because the 610 Office has a secret order--"however Falun Gong practitioners are treated is not excessive."
In addition, according to a November 10, 2003 Clearwisdom.net report, Falun Gong practitioner Lu Bagen, residing at 858 Dongmatou, Xiangshan Township, Zhenjiang City, Jiangsu Province, was ludicrously arrested and sentenced to five years of imprisonment simply because he attached posters on the windows of his own balcony that said "Falun Dafa Is Good" and "Truth, Compassion, Tolerance." A local Falun Dafa practitioner, Guan Zhengming, went to the Procuratorate and court to appeal the case, only to be abducted and taken to the Jingkou District Jiulijie Police Station and brutally persecuted. Finally, he was sentenced to two years in a forced labor camp because of this. Court officials also expressed in private that they had little choice. Why? Because the 610 Office is above the law.
The court verdict of Lu Bagen even lists such "crimes" as follows: "In April 2002, when defendant Lu Bagen went to Suzhou Prison to see his son Lu Haojun, he requested that Lu Haojun stick to practicing Falun Gong, and accused the prison guards of being bad people, who hampered the work of helping and reforming Lu Haojun." Even a father's encouraging his child to firmly believe in his faith has become an offense. Yet, it is legitimate to carry out "reformation" by detaining and arresting people.
Clearwisdom.net reported on October 20, 2004 that Falun Gong practitioner Ms. Dong Qixin, 55, was handcuffed in what is called the "handcuffed airplane" torture (1) for three days in a row at the Xinyu Detention Center in Jiangxi Province. Because she was not cooperative during interrogations, the police used more severe torture against her. They used 6.5-inch long nails and drove them through her hands and ankles and into a wooden board. This torture lasted for more than two months. They also blocked the news from leaking out, and didn't allow her family members to see her. Aren't officers at detention centers human beings? Why are they so cruel? Because the 610 Office has a "reformation" quota. If the quota is reached, there will be a big reward; if not, there will be severe punishment such as being removed from the position or loss of employment. To those so-called "law enforcement people," the 610 Office is an authority that is above and beyond all morality and laws.
Cases such as this are not limited to just one or two people, nor do they only happen once in a while in a few individual areas. To date, news leaking out under the tight information blockade has verified that the number of Falun Gong practitioners who have died as a result of the persecution has reached 1,113. In the past five years, the systematic and brutal persecution of Falun Gong practitioners has spread to all localities throughout the country, to administrative and law enforcement agencies at all levels, and even to the scientific research, cultural and educational system.
Teng Jiajun, a senior student from Dandong Second High School, scored more than 600 on her college entrance exams (which is enough for her to attend the best universities) but she could not go to a university as a result of the direct intervention of Gao Ge, director of Dandong City's 610 Office, and Wang Baozhi, the city's secretary of political and judiciary committee. The reason was simply that her parents (who are Falun Gong practitioners) had been forced to leave home to avoid persecution by the 610 Office, and that the 610 Office took the opportunity of the political exam for undergraduate candidates to hold the child hostage, declaring that "We're not going to allow her to take it if the parents do not come home." Party Secretary Fan of Maokuishan Mountain White House District Second Community said, "Can the child possibly not know where her parents are? The 610 Office has instructions and I need to ask them first." Of course the reply from the 610 Office was still a "No."
After the changing of the guard in the Chinese government recently, "rule of law" has probably been the most frequently mentioned term in the media. "China has to move towards the 'rule of law.]'" is often heard. This has long been the consensus of all Chinese people.
The most critical point of "ruling the country according to the law" in the Chinese constitution or the concept of "rule of law" we're talking about here is that the state has to exercise its power according to procedures stipulated by the law and within the scope defined by the law, otherwise it should be held responsible for overstepping its authority and violating the law. Only under such conditions is it truly ruling the country according to the law.
During the past few decades, one round after another of "movements" and "struggles" have created even more damage to China, which had already been through numerous hardships. Drawing lessons from bitter experiences, people have at last started to realize that "movements" and "struggles" cannot bring happiness and prosperity. And it is precisely the leader holding the reins of power that has started every round of "struggle." Today there is a consensus in civilized societies. That is, when the state legislative body and the authority are not restrained by law, the harm it brings about may far exceed the harm done from ordinary crimes in a society, and the disaster it brings about may even exceed that of wars (for example, according to official data published by the Chinese authorities, during the 1957 Counter-Revolutionary Campaign, [one of many political movements in China, aimed at enforcing the discipline of intellectuals] 550,000 people died. In contrast, the death toll in the Korean War as announced by China was 300,000).
Recently it has been said that some people among the top Chinese authorities are taking actions to redress the issue of Falun Gong. It is certainly a good thing to stop the persecution. But to genuinely restore social order and bring about long-term social stability to China, it is a must to establish the authority of law. If the autocratic criminal group of Jiang, Luo, Liu and Zhou are not punished according to the law, the "rule of law" will be empty talk. How can it be guaranteed that there will not be another group of people being persecuted? There is due retribution for good and evil, and this is a heavenly principle that no one can escape.
(1) "Handcuffed airplane" torture - The victim is forced to stand with both legs straight, head bent down until the face is pointing to the ground, while the arms are pulled back until they are straight and the fingers are pointing upward. Handcuffs are used to fasten the hands together and to facilitate hanging the victim in this position. After a little while, the victim suffers from dizziness, weak legs, sore arms, rapid breathing and heavy sweating.
November 13, 2004