Ms. Wang Yiyi, Employee for a Branch of General Electric, Faces Illegal Trial in Shanghai - Father Defends Daughter
(Clearwisdom.net) The Xuhui District Court in Shanghai was to hold a trial of Falun Dafa practitioner Ms. Wang Yiyi at 9:30 a.m. on June 17, 2005. Ms. Wang has been detained for over six months. The head judge is Lu Wenjia, phone number 86-21-64688640. Ms. Wang Yiyi's father Wang Huaizhong requested to defend his daughter in court. Here are the details.
Ms. Wang Yiyi is 32 years old and a senior management official at the Silica Gel Industry Department of the American GE Company's branch in Shanghai. On the evening of November 24, 2004, someone reported that she was distributing Falun Dafa truth clarification materials on Xietu Road in Shanghai. Officers from the Xietu Road Police Station arrested her and detained her at the Xuhui Detention Center, No. 15 of No. 398 Ally, Longwu Road, Shanghai.
Ms. Wang's father Wang Huaizhong, head engineer at the Tiancheng Dasha Corporation Ltd. in Dalian City, went to Shanghai in December 2004 and visited related government departments. He demanded an explanation for his daughter's arrest. The government departments he contacted were at a loss to justify the arrest. Wang Huaizhong has appealed and demanded his daughter's release. He has condemned the government, purported upholder and administrator of the law, for violating the rule of law.
Wang Weixing, official at the Xuhui District 610 Office: 86-21-64868911 ext. 37219
Xu Zhenhui, Appeals Division at the Xuhui People's Procuratorate: 86-21-64872222 ext. 2410
Ms. Wang Yiyi's father's statement in her defense and a letter of appeal
On March 18, 2005, Xu Zhenhui, the public prosecutor at the Xuhui District People's Procuratorate, filed a lawsuit against Wang Yiyi. The prosecution document states: "This procuratorate thinks that the defendant has made and distributed over 508 copies of Falun Gong materials. Her action has violated Cultion 1, Article 300 of the Criminal Law of the People's Republic of China. She should be prosecuted for using an evil cult organization to disrupt the administration of law." In my opinion, Item 1, Article 300 of the Criminal Law, which the public prosecutor quoted, does not apply to Wang Yiyi. Wang Yiyi was exercising her rights as endowed by the Constitution of China and did not violate any law. My reasons are as follows:
1. Personnel from the Xuhui Police Department of the Shanghai City Police Department and from the Xuhui District People's Procuratorate have collected physical evidence and obtained witnesses through investigation and examination, which lasted four months. The police and public prosecutors think this case is backed by evidence and the lawsuit stands on solid ground. However, on scrutinizing the two files of main evidence provided by the public prosecutor, I didn't see anything that refuted the facts listed in the No. 81st issue of the New Epoch newsletter or the flyer containing "Analysis of Prophecies in the Book of Revelation" that Wang Yiyi created and distributed. In other words, the public prosecutor completely acknowledges the authenticity of these printed materials. Would the public prosecutor sue Wang Yiyi if she only said on her flyer, "Homogenized milk costs 10 yuan a kilogram?" Of course not. The public prosecutor clearly knows that the information on Wang Yiyi's flyer is critical to convicting her. The judiciary officials most certainly verified the accuracy of the articles in her flyers, only they don't dare to present their findings to the public. The important things listed in the 81st issue of the New Epoch include: (1) In October 2004, it was verified through civil means that 42 Falun Gong practitioners were tortured to death in Mainland China; (2) As of October 31, 2004, the number of confirmed torture deaths of Falun Gong practitioners had reached 1,101; (3) 72-year-old Jiang Changfeng in Beijing was illegally sentenced to ten years in prison for cooking food for Falun Gong practitioners who made truth clarification materials; (4) A TV station in New Zealand reports that Falun Gong practitioners have filed a lawsuit against Jiang Zemin in a high court."
Wang Yiyi exposed some judicial officers' brutal persecution of Falun Gong practitioners and clarified the truth. Her action is not anti-government. It is aiding the judicial system to correct itself and also conforms to a document entitled "Several Policies Regarding Preventing and Correcting Detention Past Term During Prosecution Work" issued on September 24, 2003 by the Supreme People's Procuratorate.
To establish a harmonious society, all criminal activities must be heavily suppressed, particularly crimes committed by corrupt government officials and judicial officers who violate the law. Major TV stations and newspapers are exposing more or less of these crimes. I have one question for the public prosecutor: Is it a crime to expose crimes committed by corrupt government officials? Is it a crime for Wang Yiyi to expose some judicial officers' crimes within the Xuhui District? Is the public prosecutor in the Xuhui District protecting corrupt judicial officials? Is it illegal for Wang Yiyi to reveal what major newspapers can publish and circulate? Which law dictates such an unreasonable verdict? I think clarifying the truth about Falun Gong is not the same as opposing the government. From the same perspective, learning the truth about Falun Gong is also not opposing the government, it is a right every Chinese citizen should have. According to Article 35 of the Constitution of China, "Citizens of the People's Republic of China enjoy freedom of speech, of the press, of assembly, of association, of procession and of demonstration." Freedom of speech, of the press, and of assembly include the freedom to print and distribute flyers, to publish articles, and to give public speeches. Wang Yiyi was exercising her right as protected by the Constitution, therefore she did not violate any law.
2. Criminal Law is intended to punish the perpetrator for his or her actions but not a person's ideology or religious beliefs. Cultion 1 of Article 300 in the Criminal Law stipulates that, "those who organize superstitious cults and secret societies or use superstition to violate laws or administrative regulations are subject to three to seven years imprisonment." Clearly, "organize superstitious cults and secret societies or use superstition" is the action, and "violate laws or administrative regulations" is the result of such action. For example, if a person committed murder with a knife, his action was using the knife and the outcome of his action was murder. This person would therefore be punished by law. If the same person used the knife to cut vegetables, his action was still using the knife but the outcome of his action is cutting vegetables, which is his right and therefore he is innocent. The critical part of the cultion is "violate laws or administrative regulations," and the first half only constitutes the condition for the crime. If the condition exists but the crime was not carried out, then the crime does not exist. Wang Yiyi's case is similar to a person cutting vegetables.
I saw not one single piece of evidence in either file that could be used to prove Wang Yiyi violated any law or regulation, and not one single piece of evidence to prove that Wang Yiyi disrupted the administration of law. Where is the evidence that Wang Yiyi should be prosecuted as stated in the lawsuit? Public prosecutor: which law did Wang Yiyi break? What harm and damages did she cause? So far, I think you have no solid evidence against Wang Yiyi, and you are only trying to frame her. If you don't withdraw the lawsuit, I will sue you according to Chapter 4 of the Criminal Law and charge you with violation of a citizen's personal freedoms and democratic rights. At the same time, I also solemnly warn the court that if you conspire with the public prosecutor to wrongfully accuse my daughter of crimes she did not commit, I will appeal to every level of the government, up to and including the central government, until justice is served. I will also inform the public of the illegal actions perpetrated by persons at the Xuhui District Procuratorate and the Xuhui District Court.
3. Modern society holds two main beliefs: theism and atheism. Members of the Chinese Communist Party believe in Marxism-Leninism and advocate atheism, while people who believe in higher beings cultivate themselves and promote their belief in gods. Falun Gong practitioners follow the tenets of Truth, Compassion and Forbearance and promote Falun Dafa. Their right to practice their belief is guaranteed by Article 36 of the Constitution of China, which stipulates, "Citizens of the People's Republic of China enjoy freedom of religious belief."
No government department, social organization or individual is allowed to coerce or discriminate against people who do or do not have a religious faith, and it is impossible to force 1.3 billion Chinese people to have the same faith. Yet, Cultion 1, Article 300 of the Criminal Law mentioned the word "cults," which is unique to China. This word cannot be found in foreign laws and only exists in Chinese law. Then, what is the definition of a cult? Neither the definition nor an explanation can be found in Chinese law. How many religions currently exist in China? Does the judicial system have the statistics? What are the doctrines and dharma of a righteous religion? What are the doctrines and dharma of a cult? What standard do you use to tell righteous religions from cults? Which agency is responsible for making such judgments? What is the judicial process to make such judgments? All of these are absent in the Chinese judicial system. According to Article 3 of the Criminal Law, "Actions that are defined to be crimes by laws should be prosecuted according to the law. Actions that are not defined to be crimes by laws should not be prosecuted." The word "cult" cannot be applied when carrying out the law due to lack of its definition in the context of Chinese society. If the judicial officials convict Chinese citizens accusing them of "organizing cults," the officials themselves would be violating the law. The lawsuit stating, "Wang Yiyi made and distributed Falun Gong materials...and should be prosecuted for using an evil cult organization to disrupt the administration of law" is a completely trumped-up charge that stands on no legal ground. It is not deduced from Chinese laws but from Jiang Zemin's propaganda! The judicial officials are using the law to intimidate an ordinary citizen. This is a violation of Article 3 of the Criminal Code, and Wang Yiyi is innocent.
Since its introduction to the public in 1992 and prior to July 20, 1999, nearly 100 million people practiced Falun Gong. The book Zhuan Falun was published by the China TV Broadcasting Agency Publishing Company and was sold at Xinhua Bookstores throughout the country. Beijing Youth Daily listed Zhuan Falun as one of the ten best- selling books in Beijing. Shanghai TV broadcast the morning exercise of Falun Gong practitioners in Shanghai, and the families of seven members of the Standing Committee of the Politburo were practicing Falun Gong. When 10,000 Falun Gong practitioners went to Beijing to appeal on April 25, 1999, premier Zhu Rongji approved the practitioners' three requests and published three orders in the People's Daily: "First, release detained Falun Gong practitioners in Tianjin City; second, approve publication of Falun Gong books; third, give the practitioners an environment protected by law to practice their belief."
Falun Gong teaches people to be good and asks its students to cultivate, study, work and live according to Truth, Compassion and Forbearance. Falun Gong has no organization and everyone is free to come and go as they wish. The public prosecutor ignored the facts and the law to claim that Falun Gong is a cult, which is incomprehensibly irrational.
4. After nearly six years of persecution, the practitioners in China not only have not given in but have also grown more determined. This is because Falun Gong represents justice and the future. The unjustified persecution of Falun Gong practitioners is wrong and has failed and is absolutely not sanctioned by Chinese law for the following reasons:
Not one word in the Constitution of China could support the claim that Falun Gong is a cult;
Not one word in the Criminal Law of China could support the claim that Falun Gong is a cult;
The "Decision of the Standing Committee of the National People's Congress on Banning Heretical Cult Organizations, Preventing and Punishing Cult Activities" does not say that Falun Gong is a cult;
The judicial interpretation from the Supreme People's Court and the Supreme People's Procuratorate never said that Falun Gong is a cult;
Up until today, the Supreme People's Procuratorate has never filed an indictment against Falun Gong, and the Supreme People's Court has not held trials of Falun Gong according to the Criminal Procedural Laws of China.
If the two major judicial organizations have never filed an indictment, never held a trial, and never convicted Falun Gong, how could the Xuhui Police Department and Xuhui District Procuratorate convict a kind and innocent girl? On what grounds did you arrest my daughter? By law you have to give me a satisfactory answer. If you cannot answer, as her father, I think that Falun Gong is completely legal in China and that Falun Gong practitioners are protected by Chinese laws. Wang Yiyi did not violate any law. On the contrary, she was upholding the dignity of the constitution and contributing to building a harmonious society. She was fighting for justice and for her belief. I ask the presiding judge to immediately release Wang Yiyi.
Defender: Wang Huaizhong
May 15, 2005
The appeal letter from Wang Yiyi's father
To the supervisors to whom it may concern:
Since the day my daughter Wang Yiyi was arrested, I have been carefully reading and studying the Constitution of China and other related legal documents. I've consulted many judges, chief judges and lawyers. In particular, I consulted a lawyer who obtained his doctoral degree in law in Shanghai. Meanwhile, I did all kinds of research to learn the real situation about Falun Gong practitioners and the relationship between the laws and Falun Gong. When I completely figured out everything, I went to Shanghai to visit the police officers and supervisors of the Xietu Road Police Station. I also went to the Xuhui District Police Department reception office for an appointment with Wang Weixing, who claimed to be an official in the legislative affairs office at the Xuhui District Police Department, but he is actually an official in the "610 Office." It seems that they don't know anything about Article 300 in the Criminal Law. So I wrote a letter entitled "Release my good daughter who is innocent but arrested" to the people's procuratorate in the Xuhui District and to 15 other government offices, hoping that the procuratorate would carefully check this case, abide by the law, and release my daughter. But, in the end, the procuratorate indicted me.
After reading the indictment I was quite calm. This indictment didn't manifest any respect for the law. The "proof" and "evidence" that the procuratorate referred to were based on lies that everybody knows. This indictment violated the logic of seeking the truth from facts. All law-enforcement officials know that, to sentence a person, one needs evidence and has to abide by legal processes. Although there are two attachments of major evidence in this indictment, there is no evidence of a crime nor witnesses nor material evidence. The law statutes referred to in this indictment were not appropriate, either. The indictment didn't follow Article 300 of the Criminal Law. I explained these points in my defense in detail from the standpoint of the laws.
The indictment states, "When Wang Yiyi was passing out Falun Gong flyers in an apartment building, she was caught by the residents and the security people. After that, in the same building, policemen ..." This is not the truth! At 11:00 a.m. that December day in 2004 in an office on the fourth flour of the Xietu Road Police Station, Xu Ming, the police in charge of this case, told me, "We arrived there three minutes after we got the report and caught Wang Yiyi right away. She still had some materials in her hands." A girl who was released from the Xuhui District Detention Center told me, "That night Wang Yiyi told me that, after she had passed out all the materials, a resident opened her door and saw her, but that resident shut the door immediately, and after a few minutes the police came. Wang Yiyi guessed that it was that resident who reported her to the police."
Then why did procurator Xu Zhenhui lie about the process? There are two reasons. The first one is that, by doing so in this incident, they can hold the residents and the security people in that building responsible for the persecution of Falun Gong. The second one reason is that they can then say that the persecution of Falun Gong is a spontaneous movement among ordinary people, thus deceiving more people.
When the procuratorate and court don't follow the law when enforcing the law, they have already stopped respecting the law. In the process they became the criminals who break the law when enforcing the law. From my point of view, the Xuhui District Procuratorate cannot be called the people's procuratorate any more. The chief procurator and officer Xu Zhenhui are simply criminals. I write to appeal, asking the government to check this case and punish those bad people.
Attachment: 1. Indictment; 2. Defense
CC: City and District Government; City and District People's Congress' Offices
May 20, 2005
Note from the person who submitted this article:
After reading the defense written by Wang Huaizhong for his daughter Wang Yiyi, we think that, from the standpoint of law, this defense shows that the persecution of Falun Gong has no legal basis and is unlawful. This defense has caused alarm in the legal community.
That an everyday person can use the laws to reveal the legitimacy of Falun Dafa so clearly shows that, in China, people have already started waking up and rethinking their view of Falun Dafa and this persecution from different angles, and also shows that people already have a deep understanding of Falun Dafa.
Several government offices and law units received over 100 appeal letters from Wang Yiyi's father Wang Huaizhong, which exposed the unlawful persecution of Wang Yiyi by the Xuhui District People's Procuratorate and also gave Shanghai government officials and law-enforcement officers pause.
Ms. Wang Yiyi's trial was to be held in the Sixth Court at 9:30 on June 17, 2005. The presiding judge was Lu Wenjia 86-21-64688640 (Office). Mr. Wang Huaizhong applied to present the defense for his daughter. It was uncertain whether or not his application would be approved.
Wang Weixing, mentioned in the letter, is not an official in the legislative affairs office in the Xuhui District Police Department but, as already stated above, an official in the Xuhui District 610 Office. His phone number is 86-21-64868911, ext. 37219.
Xu Zhenhui is an official in the indictment cultion of the Xuhui District People's Procuratorate, 86-21-64872222 ext. 2410