Legal Brief in Lawsuit Against Daqing Prison for Torturing Practitioner Mr. Xu Jishan to Death (Photos)
Mr. Xu Jishan
Mr. Xu Jishan and his son
Plaintiff: Friend of practitioner Mr. Xu Jishan in Daqing City
Reason: Filing lawsuit against Daqing Prison where practitioner Xu Jishan was tortured to death
Desired outcomes of filing this lawsuit:
1. Redress against all those responsible for practitioner Mr. Xu Jishan's death, including the former head of Daqing Prison Tang Yongfu, Deputy Head of the prison Wang Yingjie, and Jiang Shucheng. Other defendants include: Guo Chuntang and Wang Depo of the 610 Office, Li Fengjiang, head of Daqing's prison 7th ward, and Guo Chuntang, head of the Education and Correction Section.
2. Restore practitioner Mr. Xu Jishan's reputation and provide ample compensation for the suffering caused by the persecution.
3. Release all detained practitioners. Restore all practitioners' good reputations and compensate them for the suffering caused by the persecution.
1. How Mr. Xu Jishan died from the persecution
Mr. Xu Jishan, 41, was an employee of the former Machine Repair Factory Construction Workshop, affiliated with the Furnace Company, Construction Corporation of Daqing Oil and Chemistry Factory in Heilongjiang Province. Because he did not renounce Falun Dafa, he was fired. In March 2004, Mr. Xu was arrested and detained in the Longfeng Detention Center in Daqing City for distributing Falun Gong materials. He was sentenced to three years in prison and detained at the Seventh Ward of Hongweixing Prison in Daqing City.
On May 10, 2005, in the twelfth area of the Seventh Ward, a policeman, Education Director Zhang Dezhi, criminal inmate Li Liancai and others conspired against Xu Jishan to make him write the five statements denouncing Falun Gong. When Mr. Xu refused, he was not allowed to sleep and had to stand in the hallway for seven days and nights. As a result, Mr. Xu's legs became so swollen that he was no longer able to stand. They then tied him to a ladder between the upper and lower beds and doused him with cold water. His winter clothes were soaking wet. He loudly called for help. After eight days, Mr. Xu had become extremely weak, and his legs were severely swollen. The criminals assigned to watch him around the clock beat and tortured him cruelly. Chen Zhongyu was the most vicious. He beat and cursed at Mr. Xu whenever he felt like it.
On June 1, 2005, Education Director Zhang Dezhi announced that they would increase pressure and employ various methods of torture on practitioners who refused to write the five statements. In the early morning of June 7, Mr. Xu Jishan made the bed, cleaned the cell, and cleaned the room where they try to brainwash practitioners. He had a bowl of rice soup and a piece of bread for breakfast. He was in good physical condition. After breakfast, he cleaned the spitpot in the brainwashing room, cleaned the room again and then sat down. At around 8:40 a.m., Zhang Dezhi and criminal inmates Li Liancai, Bo Yun and others discussed what tortures they could use to force Mr. Xu to write the five statements. After giving instructions to the criminals, Zhang Dezhi left the room. Around 8:50 a.m., Li Liancai and Bo Yun asked Mr. Xu if he would write the five statements. He said, "I can do whatever you ask of me, EXCEPT writing the five statements." Bo Yun said, "No further discussion is needed. Don't say that I did not give you a chance." After that he left the room.
At 9:00 a.m., inmate Li Liancai asked the other criminals to bring two boards from a bed at one end of the room. They tied the boards into a cross and claimed that it was for Mr. Xu. Inmate Wang Minglong got a rope. After everything was ready, inmates Guo Liyang, Wang Minglong, Wu Hongyan and Zhou Xiaofei asked Mr. Xu to come and join them. Before 9:00 a.m., Wang Minglong told all the other prisoners in the study room to use the toilets. He told them, "Whoever doesn't go cannot expect to use the toilet before noon." Mr. Xu also wanted to go, but Wang Minglong stopped him and said, "No, wait a while." After all prisoners had left the room, he told Mr. Xu to come with him. After 9:00 a.m., they locked the doors of the study room and hallway. Song Yulong watched the hallway door and did not allow anyone to enter or leave. The criminals assigned to watch Mr. Xu around the clock watched the study room door. There were over 10 inmates and the one practitioner Zhao Yu'an locked in the study room from the inside. Criminals Wang Guangyao and Zhai Fugang watched him. All the other criminal inmates assigned to monitor practitioners began to persecute Mr. Xu.
They stripped Mr. Xu and tied him to the cross. They sealed his mouth, carried the cross into the restroom and laid it on the ground. They used a black hose four inches in diameter and about four yards long to pour water on Mr. Xu's head and body for four hours, from 9:00 a.m. to 1:00 p.m. By that time, he was shaking, he could barely breath, and the pain was unbearable. He bit his lips and tried to cry out for help.
Policeman Zhang Dezhi came to the restroom several times to check on Mr. Xu at around 9:00 a.m., 11:00 a.m., and 12:00 p.m. Mr. Xu did not respond. They did not allow him to eat lunch. Inmate Li Liancai said, "We gave you the chance, but you refused to take it. Now, you no longer have a choice."
At 1:00 p.m., inmate Wang Anhui went to the Disciplinary Room, looking nervous. He was looking for Zhang Dezhi. At that moment, Mr. Xu was brought out of the restroom and put on the ground in the hallway, about four yards from the restroom. The door of the study room was unlocked. Inmate Yang Qinghua was ordered to clean the restroom. Later, Yang Qinghua and inmates Guo Liyang and Wang Anhui put underwear on Mr. Xu's head. His head flopped back and forth and he looked very sick. They tried to help Mr. Xu stand up, but he did not respond. They could not feel his heartbeat or breath. Someone then claimed that Mr. Xu was pretending to be dead.
Bu Yun held his hand under Mr. Xu's nose to check his breath. He confirmed that he was not breathing. Bu Yun ordered others to carry Mr. Xu to the bed. Bu Yun, Li Liancai, Wang Anhui and Guo Liyang tried to resuscitate Mr. Xu. Practitioner Zhao Yu'an arrived from the study room and tried to get close to Mr. Xu, but Li Liancai, Bu Yun and other criminals stopped him. Li Liancai and Bu Yun angrily shouted, "Who opened the door and let him in?" Bu Yun went into the study room to scold those responsible and locked the door personally. It was past 1:00 p.m.
Policeman Zhang Dezhi, while standing on the stairs outside the cell, chatted with the other inmates. He went into the cell and told the inmates to send Mr. Xu to a hospital. Afterwards, Li Liancai and Bu Yun called a meeting of all involved criminals and those who monitored practitioners. They said that Mr. Xu had died from natural causes and that everyone must keep to this line when talking about his death. They also put practitioner Zhao Yu'an under closer supervision and refused to let him to talk to, get close to, or contact anyone. The police tried to cover up the truth of Mr. Xu's death. At around 2:00 p.m., he was carried back from the hospital. Inmates put him on his bed, changed his clothes, and carried him out.
During Mr. Xu's torture, the study room door faced the door of the restroom. Those locked in the study room sneaked a look from the door and could see Mr. Xu's lower half. People noticed that he lay on the ground for over four hours. Policeman Zhang Dezhi is the person primarily responsible for Mr. Xu's death. The murderers are: Li Liancai, Guo Liyang, Wang Anhui, and Bu Yun. The accomplices are: Zhou Xiaofei, Wu Hongyan, Yao Haile, Wang Minglong, and Song Yulong. There were another 17 or 18 criminals present.
An eyewitness said that Mr. Xu's mouth and nose were bloody and the corner of his mouth had bite marks. Mr. Xu was tortured to death.
2. How Qaqing Prison covered up the truth of Mr. Xu Jishan's death
(1) After Xu Jishan was tortured to death on the night of June 10, Wang Yingjie called a meeting of everyone involved in the death. He ordered them not to depart from the agreed-upon explanation of Mr. Xu's death. They had to cover up the crime. On June 11, officials from the Daqing City Procuratorate came to investigate the death. Li Liancai, Guo Liyang and Wang Anhui, the criminal inmates who had been assigned to monitor Mr. Xu, were sent to confinement cells and subjected to further interrogation. The Daqing Prison authorities wanted to shirk their responsibility, so they interrogated these criminals, forced them to cooperate, and prepared confessions. Daqing Prison and its Seventh Ward repeated to outsiders, the Procuratorate and Xu Jishan's family that Xu Jishan had died from heart disease. They tried to control everyone, cover the truth, and closely monitor the people who were involved or knew the truth of Mr. Xu's death.
(2) Zhang Dezhi, the Director of the Seventh Ward, ordered the criminal inmates to murder practitioner Xu Jishan, and the Daqing Prison police are now contacting different officials trying to cover their crime. They want Mr. Xu's death to be recorded as a "death from natural causes." On June 10, during a meeting with all prisoners, the police threatened that whoever did not obey their order and revealed information to the outside would be locked in a confinement cell, so no one dared to reveal the truth of Mr. Xu's death.
(3) Daqing Prison tried to secretly settle with Xu Jishan's family for 150,000 yuan, which the family refused. Tang Guofu, the secretary of the Communist Party Committee of Daqing Prison, and Jiang Shuchen, deputy head of the prison and director of the 610 Office, are attempting to bribe officials of the Supreme Court and the Procuratorate of Heilongjiang Province, the People's Procuratorate Court of Daqing City, the People's Supreme Court of Heilongjiang, and the Intermediate Court of Daqing City. The perpetrators admit that they would settle for 1.5 million yuan rather than be subjected to punishment under the law.
(4) To draw people's attention away from Mr. Xu's death and escape responsibility, the Secretary of the Communist Party Committee of Daqing Prison, Tang Guofu, was transferred to another job, away from Daqing Prison. The former secretary of the Communist Party Committee in the Hulu District took over his position.
(5) On June 8, after Mr. Xu was murdered, his elder brother had only a short time to view the body and was monitored closely by prison staff. No other family members were allowed to view the body. The head of the Seventh Ward said, " We cannot allow them to look. What if they take a picture?" The prison ordered the hospital to immediately call them if Mr. Xu's family wanted to view his body. Without permission from the prison and the presence of prison officials, no one was allowed to view the body. The Chief of the Public Security Bureau of the Hulu Branch told practitioners, "Go home and tell the other practitioners that there is no conclusion regarding Xu Jishan's death. Whoever dares to investigate will be arrested."
Li Liancai, the main criminal in Xu Jishan's death, is somehow related to the head of the Seventh Ward Li Fengjiang. Li Liancai bribed Li Fengjiang with 10,000 yuan and became the head of the criminals in the cell. From what we have heard as of now, Li Fengjiang ordered Li Liancai to kill Mr. Xu.
Daqing Prison Policy Regarding Falun Gong
On May 11, 2005, the Communist Party Committee of Daqing Prison called a meeting and decided to intensify the persecution of Falun Gong. Someone announced during the meeting that death from a hunger strike would be counted and treated as a natural death. They had the hospital prepare a large number of feeding tubes for force-feeding practitioners that went on hunger strikes. They also ordered the "food" to be a concentrated solution of salty water with corn flour instead of milk powder. Guo Chuntang announced when discussing the persecution of Falun Gong, "It is of no consequence to persecute several practitioners to death." Police Pan Shaolin of the ward for ill prisoners incited criminals while implementing Guo Chuntang's instruction, saying, "You can beat practitioners to death!"
Li Fengjiang yelled when persecuting Mr. Xu Jishan, "Cremate him if he refuses to be "transformed"!" They took 15 days to torture Mr. Xu to death. The head of the ward for ill prisoners instructed criminals to persecute practitioner Cheng Peiming and said in front of all the inmates, "I'm positive I can make you give in. You don't fear death. Therefore, I also can throw away the law. The worst situation would be that I quit this job." He also told the criminal on-duty to suffocate Cheng Peiming with a rope if Cheng Peiming went to use the toilet, and then report it as a suicide if Cheng died. Pan Shaolin also told criminal Zhen Yingjie that when a practitioner was tortured to death, and if there was no outsider present, the death would be reported as suicide.
The suffering of practitioners detained in Daqing Prison is beyond imagination. The prison staff follows the most vicious methods that the Chinese Communist Party could come up with. Actually, higher level people control the lower levels of people. The prison assigned the persecution of Falun Gong to inmates, who were assigned to monitor the practitioners around the clock. If a practitioner refused to write the five statements, the criminal would be punished by not having a chance for a reduced term. The police incited the criminals to use evil and vicious ways to torture practitioners, such as sleep deprivation, dousing with cold water, beating, tying up with ropes, stabbing with needles, and no toilet privileges. The police pretend to hear and see nothing, no matter the crime being perpetrated. Any accident will be covered up by the police. In April 2003, a practitioner from the Second Ward died after being tortured for a long time. Yet the police and criminals told others that the death was due to a cerebral hemorrhage. Later, the inmate in the same cell with that practitioner unintentionally disclosed the truth, that the practitioner had often been beaten. Three days before the practitioner's death, inmate Ai beat the practitioner. In December 2004, the police beat practitioner Zhang Zhong until he was paralyzed. After being hospitalized for six months, Zhang Zhong's situation was worse. Later, Zhang Zhong was released on medical parole. In April 2005, Practitioner Wang Hongde from the Third Ward died. This was 15 days after he was released on medical parole. His body was covered with wounds. On June 7, 2005, practitioner Xu Jishan was tortured to death by several criminals. On July 23, practitioner Yuan Qingjiang died from torture in this prison.
Yet Daqing Prison doesn't admit that there is any persecution of Falun Gong. Inside the prison, the persecution is inhuman. The methods they use on Falun Gong practitioners are despicable and beyond any description. The prison carried out the genocidal policy toward Falun Gong as directed by higher levels, "Ruin their reputations, bankrupt them financially, and destroy them physically. No one will be responsible for beating them to death. Their deaths count as suicides. Cremate them without investigation." During the three months since May 14, 2005, prison staff and inmates have killed three practitioners who followed the principle "Truthfulness, Compassion, Forbearance" and who wanted to be good people. These practitioners were: Wang Hongde, male, 56, employee of Xinhua Power Plant in Datong District of Daqing City; Xu Jishan, the practitioner discussed in this article; and Yuan Qingjiang, male, resident in Xiangfang District of Harbin City.
China's Constitution clearly spells out in Articles 35, 36 and 37, "Citizens have the right of belief. Citizens have the right of freedom of speech. Citizens' physical freedom may not be violated. It is forbidden to illegally detain a citizen or to illegally deprive a citizen of or limit a citizen's physical freedom." Article 19 of the International Joint Pledge states, "Everyone has the right to freely express his/her opinion through media without boundaries of countries and receive and send messages in oral, written, printed, art or other types of forms." In the "Universal Declaration of Human Rights," Articles 18 and 9 state, "Everyone has the right to freedom of thought, conscience and religious belief. No one should be willfully arrested or detained."
Falun Gong and its principle "Truthfulness, Compassion, Forbearance" provide a moral standard for human beings. These principles belong to all people of the world. Over 78 countries around the world and more than 100 million people practice Falun Gong. Falun Gong receives praise and proclamations from many places around the world. In China, there is no specific law banning Falun Gong. Therefore, all practitioners detained in prison are victimized. Daqing Prison as a law enforcement entity is breaking the law. It ignores the Constitution, Criminal Law and Prison Law. Those perpetrating these crimes, including all personnel, police and criminals, must be brought to justice.
We will continue the investigation of the responsible parties and individuals in the persecution of Falun Gong.
The People's Supreme Court of the People's Republic of China
The Supreme People's Procuratorate of the People's Republic of China
National People's Congress
Heilongjiang Province People's Supreme Court
Heilongjiang Province People's Congress
The Supreme People's Procuratorate of Heilongjiang Province
Qaqing City People's Intermediate Court
Qaqing City People's Intermediate Court of Procuratorate
Qaqing City People's Congress
Qaqing City Work Union
World Organization to Investigate the Persecution of Falun Gong
International Human Rights Organizations
Legislature and Procuratorate of the United Nations