How the Persecution Violates the Law and the Constitution of China (Part 2)

(Clearwisdom.net)

2. Which laws does the Jiang faction violate in banning and persecuting Falun Gong?

2.1 Violations of China's Constitution. China's Constitution is a two-part document. The "Constitution of the People's Republic of China," China's first "modern" constitution, was announced officially on December 4, 1982, while the "New Constitution" went into effect on March 14, 2004.

2.1.1

Provision 5 of the "1982 Constitution" states:

"The country maintains the unification and dignity of the socialist legal system.

• All laws, administrative and local rules and regulations must not conflict with the Constitution.
• All government departments and armed forces, all levels of parties and social groups, enterprises, companies and organizations must observe the Constitution and laws.
• All behavior that violates the Constitution and laws must be investigated.
• No organization or individual has the right to override the Constitution and the law."

Provision 5 of the "New Constitution" also adds, "The People's Republic of China implements rulings by law and constructs a socialist country under the rule of law." It further emphasizes the importance of ruling the nation by law. Jiang has violated the Constitution, personally breached the law by declaring, "Falun Gong is a 'cult' that harms the society and people." Jiang is also guilty of having overridden the jurisdiction of the president, violating the Constitution by setting up and authorizing the "610 Offices" to have jurisdiction, domination and control over all political and judiciary systems with absolute power over each level of administration.

2.1.2

Provision 13 of the "1982 Constitution" states:

"The country protects the property rights of citizens, their lawful income, savings, residence and other legitimate properties."

The "New Constitution" has a stricter rule under Provision 13: "Citizen's legitimate private property is free from abrogation. The country protects citizens' private property rights and inheritance rights according to the law." In China the police, local law officials and community office personnel search Falun Gong practitioners' personal properties at will and confiscate cash, goods, and savings. It has caused huge financial losses to Falun Gong practitioners.

2.1.3

The "1982 Constitution" and the "New Constitution" both state under Provision 33:

"Everyone with nationality of the People's Republic of China is a citizen of the People's Republic of China. The citizens of the People's Republic of China are all equal in the eyes of the law. Every citizen who enjoys the rights provided by the Constitution and the law must simultaneously fulfill the duties according to the Constitution and law."

Falun Gong practitioners are the same as other citizens, should be equal to others in the eyes of the law, and should not be discriminated against or abused.

2.1.4

The "1982 Constitution" and the "New Constitution" both state under Provision 35:

"The citizens of the People's Republic of China have freedom of speech, publication, assembly, gathering, and demonstration."

Falun Gong practitioners have all been illegally deprived of these legal rights that everyone should enjoy. Whether in Tiananmen Square or on the street, regular police and plainclothes police arrest Falun Gong practitioners if they hear them say, "Falun Dafa is great" or "Falun Dafa is righteous." Practitioners are illegally detained, even risking their lives, for posting signs or distributing flyers, not to mention publishing the books containing Falun Gong teachings. Even practicing Falun Gong exercises at a park or at work a person can be summarily charged with "disturbing the social order," and practitioners are sent to forced labor camps or sentenced. Gathering, parading and demonstrating are obviously even less tolerated.

2.1.5

The "1982 Constitution" and the "New Constitution" both state under Provision 36:

"The personal freedom of citizens of the People's Republic of China is not restricted. No citizen can be arrested without the authorization of the People's Procuratorate or a decision by the People's Court, and must be carried out by the public security department. The Constitution forbids illegal detention and alternative means that would illegally deprive or limit a citizen's personal freedom and forbids illegal search of a citizen's body."

 

A Falun Gong practitioner's personal freedom is not protected. The police, workplace security guards, government employees, and local governments personnel are all able to arrest, illegally hold, detain, and search practitioners' bodies, without any legal procedure or approval.

2.1.7

The "1982 Constitution" and the "New Constitution" both state under Provision 39:

"The residences of the citizens of the People's Republic of China are free from intrusion. Illegal searches or entering citizens' residences are forbidden."

Illegal intrusion into citizens' residences often happens in China, especially to Falun Gong practitioners' residences. Far too many times, public security officers, workplace cadres and security guards, and community office personnel illegally enter and search practitioners' residences.

2.1.8

The "1982 Constitution" and the "New Constitution" both state under Provision 41:

"The citizens of the People's Republic of China have the right to give criticism and suggestions to any government department or personnel; have the right to appeal, accuse, or report to the relevant national departments violations of law and negligent behavior of any governmental department and personnel. However, the appeal/complaint must not fabricate or twist the facts to create false charges. In regards to a citizen's appeal, accusation or report, the relevant national departments must investigate the facts thoroughly and follow the process responsibly. No one is allowed to suppress information or retaliate. An individual who suffers loss due to the violation of a citizen's rights by a governmental department or personnel has the right to claim compensation according to the law."

Thus, a person who suffers loss as a result of the violation of his or her rights is given the right to seek compensation. The current reality, however, is totally the opposite: the citizen is completely deprived of his or her rights. In fact, the department of the "Appeal Bureau" that specifically accepts and processes citizens' appeals has been transformed into a police station. A citizen's legitimate appeal now means walking into a trap. Falun Gong practitioners' criticisms, suggestions, appeals, accusations and report materials have all became evidence for arresting practitioners using the judicial system. Even the State Council Appeals Bureau in Beijing operates like this, not to mention the appeal offices in all other areas. In regards to Falun Gong practitioners' legitimate appeals, all the local governments and "610 Offices" not only suppress their claims and retaliate against them but brutally punish and kill them. According to the "People's Republic of China State Compensation Law," Falun Gong practitioners have the right to make a claim for compensation of all their losses.

2.1.9

The "1982 Constitution" and the "New Constitution" both state in article 44:

"The state, according to the laws, should stipulate the implementation of the retirement system for the employees of business enterprises and state organizations. The lives of the retired employees are protected by the state and the society."

Hence, the retired Falun Gong practitioners are still eligible for the rights stated above according to the laws. And they should not be discriminated against or be deprived of these rights.

2.1.10

The "1982 Constitution" and the "New Constitution" both state in article 46:

"The citizens of the People's Republic of China have the right and duty to receive an education." Hence young Falun Gong practitioners should have the right to receive an education and this right should not be discriminated against or deprived.

2.1.11

The "1982 Constitution" and the "New Constitution" both state in article 67: "The National People's Congress Standing Committee exercises the following authorities... (4) Explicate the laws." The Jiang regime encourages the Supreme Courts and Procuratorate to override their authorities and enforce several laws that violate the Constitution. They also, based upon illegal interpretations of the laws and without legal trial procedures, arbitrarily designated Falun Gong as a "cult organization" and since then has carried out its illegal suppression and persecution against its practitioners.

2.2 Violations of China's criminal law

2.2.1

Article 3 states: "The acts which are defined by the laws to be criminal should be sentenced according to the legal regulations; the acts which are not defined by the laws to be criminal should not be sentenced." In other words, "an act is not criminal and will not be punished if not regulated by the laws." As long as the criminal laws do not define a certain act as criminal, no sentences or punishments should be carried out against the act.

2.2.2

Article 232 states: "Murderers will be sentenced to the death penalty, a life term, or a term of more than ten years. In less severe cases, murderers will be sentenced to a term of three to ten years." This article targets the person who knowingly and purposely causes an end to another person's life for personal reasons. What about the judicial personnel who perform violent acts and cause death during the course of interrogation or in the process of obtaining a deposition? What about the supervising personnel who conduct beatings, are in charge of physical punishment or maltreatment that causes detainees under their control injuries, disabilities or death? The above personnel should be convicted according to Article 232 and receive serious sentences.

2.2.3

Article 234 states:

"Those who purposely injure others' bodies will receive a term of less than three years, detention, or be subject to monitoring. Those who purposely injure others and cause serious injuries to others will receive a term of three to ten years. If death occurs or the use of extremely brutal treatment causes severe injuries and results in extensive disability, the violators will receive a term of more than ten years, life term or the death penalty. If the case is regulated somewhere else in this law, follow that regulation."

The "severe injuries" in this article includes disabled limbs, damaged facial appearance, damaged hearing and vision, loss of organ function, and serious injury to physical health. Refer to "Standards for Evaluations of Severe Injury to the Human Body" (published on March 29, 1990).

2.2.4

Article 236 states:

"Those who use violence, force, or other means to rape women will be sentenced to a term of three to ten years. Sex with young girls less than the age of fourteen is considered rape of a minor and will be punished more severely. Under the following situation, raping or sex with a woman will be sentenced to a term of more than ten years, life term or death penalty:

(1) Violent rape of a woman or any rape of a minor;(2) Ongoing rape of many women or young girls;

(3) Raping a woman in public;

(4) More than two people raping a woman;

(5) Causing the victim severe injury or resulting in death or in other serious outcomes."

"Rape" is defined as "forcing a woman to have sexual intercourse against her will." In the process of arresting and transferring female Falun Gong practitioners, the judicial and supervisory personnel have raped female practitioners in detention centers, jails and prisons. Female practitioners have been locked in a male prison and raped multiple times. All the above situations were malicious and severe. The judicial and supervisory personnel who put the female practitioners in the male prison should be charged with assisting the crime of rape.

2.2.5

Article 237 states:

"Using violence, force, or other means to indecently expose or insult a woman will be sentenced to a term less than five years or detention. Gathering a group of people to commit this violation in public will be sentenced to a term of more than five years. Those who indecently expose children will be sentenced according to the above two rules with more severe punishment."

In China, police officers and judicial and supervisory personnel use body searches as an excuse to strip female practitioners of their clothes and indecently expose or insult them or put them together with male prisoners. All these acts belong to this class of crime.

2.2.6

Article 238 states:

"Illegally detaining others or using other means to deprive others of their physical freedom will be sentenced to a term of less than three years, detention, monitoring, or deprivation of political rights. If verbal abuse or beatings are involved, the punishment will be more severe. Committing this crime and causing others severe injuries will be sentenced to a term of three to ten years. If death occurs, the sentence will be more than ten years. If violence is used to cause others to become disabled or die, the sentencing will follow articles 234 and 232. Those who illegally detain others in order to retrieve debts will be punished according to the two prior regulations. Government employees who use their authorities and violate the above three regulations will be punished according to the three regulations as more severe cases."

In other words, "education sessions" or "brainwashing session" that deprive people of their physical freedom without following legal procedures are illegal.

2.2.7

Article 245 states:

"Anyone illegally searching a person's body or residence or intruding into a person's residence will be sentenced to a term of less than three years or detention. The judicial personnel who abuses his authority and violates the above regulation will receive more severe sentencing based on the prior regulation."

"Illegally" means violating the legal regulations or not following the legal procedures. These acts exist commonly in China, especially toward Falun Gong practitioners. Judicial personnel can search practitioners' bodies and houses and can confiscate their Falun Gong materials at any time and as they wish without following any legal procedures.

2.2.8

Article 247 states:

"The judicial personnel who use torture during interrogations or use violence to obtain the witness's deposition will be sentenced to a term of less than three years or detention. Those who cause disability or death of others will be severely punished based on articles 234 and 232."

This article addresses the situation where, after the victim is arrested and before the court arrives at a verdict and passes the sentence, the victim is physically tortured to confess or forced to write a deposition. The "witness's deposition" is used to prove a person's guilt, and Falun Gong practitioners are forced to sign "Guarantee Statements" and "repentance statements" renouncing Falun Gong as their depositions.

2.2.9

Article 248 states:

"Supervisors in monitoring institutions such as the prisons and detention centers, if beating or physically abusing the detainees, in severe cases, will be sentenced to a term of less than three years or detention. In especially severe cases, the violators will be sentenced to a term of three to ten years. Those who cause others to become disabled or dead will be heavily punished based on articles 234 and 232. Supervisory personnel who order detainees to beat or physically abuse other detainees will be punished according to the above description."

Here, "beating" means using violence or instruments of torture to purposely cause the victims pain. "Physical abuse" means making the victims stand, kneel down, squat, stay awake, starve over a prolonged period of time, or otherwise experience physical pain.

In China, the supervisory personnel in the monitoring institutions illegally detain Falun Gong practitioners and treat them with extremely brutality using barbaric methods such as violent beatings and persecution, including excruciating sexual violations and abuse of female practitioners. If the supervisory personnel order other detainees to beat or physically abuse Falun Gong practitioners, both the supervisory personnel and the detainees who participate in the act have violated this article.

2.2.10

Article 251 states: "Government employees who illegally deprive citizens of their freedom of religious belief and violate the National Minority Customs and Cultures statute will be sentenced to a term of less than two years or detention in severe cases." All the forceful attempts to "transform" Falun Gong practitioners are illegal deprivations of citizens' freedom of religious belief. Government employees who violate the above article are all criminally responsible.

2.2.11

Article 274 states:

"Extortion of public or private belongings, if reaching a certain amount, will be sentenced to a term of less than three years, detention or subject to monitoring. If the amount is enormous or there are other severe violations involved, the sentence will be more than three years and less than ten years."

In China, some police officers and government employees take advantage of the persecution against Falun Gong to blackmail and extort money from the practitioners and their families. They use threats, blackmail, intimidation, and deceit to extort public or private belongings for their personal possession. To reach a "certain amount" normally means around 1,000 to 3,000 yuan; an "enormous amount" means from 10,000 to 30,000 yuan.

(To be continued)