Crimes under Existing Chinese Law Committed by the CCP in the Persecution of Falun Gong
(Clearwisdom.net) Many Falun Gong practitioners do not have a clear understanding of the Chinese Communist Party's (CCP) violations of the law, so they sometimes unknowingly give tacit consent to illegal acts committed by the CCP. This impedes efforts to end the persecution.
In addressing the laws violated by the CCP in their mistreatment of Falun Gong practitioners, and what exact charges can be leveled against the CCP, I hope that practitioners will gain a thorough understanding of the issues and become a vital part of the resistance to the persecution. My intention is to explain the facts from a legal angle, so they can be used in the defense of innocent practitioners.
According to the "Constitution of the People's Republic of China," "Criminal Law of the People's Republic of China," "Criminal Procedure Law of the People's Republic of China" and a multitude of other laws, the persecution of Falun Gong practitioners violate many laws and the Chinese Constitution.
The following twenty-five charges can be clearly defined:
1. Police officers or staff members of a practitioner's workplace, who without a warrant, invitation or permission break into a practitioner's home, are violating existing Chinese law. This act is the crime of "illegal trespass on citizen's property."
2. Police officers or staff members of a practitioner's workplace that confiscate a practitioner's property such as television, video disc player, tape recorder, computer and accessories, key, identification card, bankbook, cash, cell phone, camera, watch, jewelry and other valuable property, such as a bike, electric bike, motorcycle, car and so on at a practitioner's residence during an arrest or a failed attempt to arrest a practitioner, commit robbery, which is a crime.
3. Police officers or staff members from a practitioner's workplace that confiscate a practitioner's personal belonging, be it a television, video disc player, tape recorder, computer and accessories, key, identification card, bankbook, cash, cell phone, camera, watch, jewelry and other valuables, including a bike, electric bike, motorcycle, car and so on from a practitioner's residence, before the practitioner is arrested, commit burglary, which is a crime.
4. Police officers or staff from a practitioner's workplace, who arrest a practitioner and detain him or her in a factory office, brainwashing center, police station, detention center, forced labor camp, etc., and extort "living expenses," "guarantee fund," or other belongings from practitioner's family members, or force the practitioner to purchase daily necessities in the detention center, forced labor camp or jail, gaining wealth in disguised form, whether the extortion is successful or not, are committing kidnapping and extortion, both of which are crimes. Taking the practitioner hostage in an effort to extort belongings and money is also called kidnapping and is a crime.
5. Police officers and other people involved in taking or demanding from practitioners their possessions, or threatening or coercing practitioners or their family member to hand over belongings, commit extortion, which is a crime.
6. Police officers or staff from a practitioner's workplace who search a practitioner's body, or break into a practitioner's residence without presenting a search warrant are committing an illegal search, which is a crime.
7. Falun Gong is a legitimate spiritual practice and practitioners are legitimate Chinese citizens. When police officers or staff from the practitioner's workplace say that the practice is illegal, charge practitioners with a crime for practicing Falun Gong, and deliberately fabricate and spread false charges that harm a practitioner's reputation, they commit libel.
8. When police or staff from local residence or village committees publicly use venomous language to ridicule and insult practitioners, spray practitioners with contaminants, or force them to swallow contaminants, cut their hair in an uneven manner, force them to parade in the street, insult them in an effort to damage their reputations, they are committing an insult, which is a crime.
9. Falun Gong is legitimate and practitioners are legitimate citizens. People who don't know the truth and falsely report practitioner to police or staff from the practitioner's workplace claim that to practice Falun Gong is illegal, and charge practitioners with a crime, fabricate facts to falsely accuse and frame others, with the intention to have them investigated for criminal activity, are committing the crime of false accusation and framing.
10. When police imprison practitioners in brainwashing centers, local police stations, detention centers, forced labor camps, jails, jail hospitals, or other places, when security or anyone from the practitioner's workplace detain practitioner in a room, or guest house, office, assign people to monitor, disallow practitioner to leave, secretly punish or imprison, they are committing the crime of illegal detention.
11. If police and others physically harm practitioners, such as beating them, hanging them up, tying them up or chaining them, electrically shocking them, or using any other physical torture methods or physical punishment in disguised form (such as freezing, starving, exposing them to the sun, forcing them to stand for long periods, forced to squat, deprivation of sleep and so on), to extort an oral confession, force practitioners to acknowledge imposed and forged evidence, force practitioners to acknowledge false charges, obtained through pressure - they are committing the crime of extortion of confession by torture.
12. Police and others who use violence or threaten practitioners or their family members, force the practitioner or family members to report other people, betray or betray in disguised form, commit perjury in disguised form, attempt to persecute other people by this forged evidence, commit the crime of illegally collecting evidence by violence.
13. When guards at a detention center, forced labor camp, jail or any other facility force practitioners to perform slave labor (this refers to work at detention center, forced labor camp, jail), force-feed them, inject them with drugs, beat, tie up, or use any other physical or mental torture, or any other method that violates human rights, they commit the crime of maltreatment of prisoners.
14. Harming directly or intentionally, but in disguised form, a practitioner's body (including injuring them or using drugs that damage the central nervous system, and so on), injure practitioners' disable them - this is called committing the crime of intentional assault.
15. Any torture of a practitioner resulting in death is called murder, which is a crime.
16. When forcing practitioners to renounce their belief, they are committing the crime of illegally denying freedom of religious belief.
17. When practitioners are put on trial, sentenced, when an official abuses his or her power and distorts the law, knowing perfectly well that the person is innocent, but still has them investigated, intentionally distorts the facts and law in a criminal trial to commit injustice, one abuses one's power in executing judgment and commits a crime.
18. When illegally trying practitioners and sentencing them, intentionally violating the facts and law in the trial, and distorts the law, one commits judicial misconduct.
19. When judicial officials (judicial and public security organs personnel) retaliate, attempt to gain politically by persecuting Falun Gong, seek undeserved credit and rewards from higher authorities and other personal gain, bend the law, knowing clearly that a person is innocent, but cause him to be investigated, illegally tried and sentenced, and persecute practitioners, they are committing the crime of bending the law.
20. Those who keep or hold a practitioner's belongings, such as wages, retirement pension, bankbook, cash, housing, vehicles, and other belongings commit the crime of invasion.
21. Forcing husbands and wives to divorce commits the crime of interfering with the freedom of marriage.
22. Forcing practitioners' families not to not support but to abandon an underage practitioner, or someone of old age and unable to take care of him/herself, constitutes the crime of abandonment.
23. Forcing practitioner's family members to beat, curse at or maltreat the practitioner, constitutes the crime of maltreatment.
24. Opening practitioner's correspondence (letters, e-mails, and so on) constitutes the crime of infringing on correspondence freedom.
25. Those who abuse their power/authority, work in their own interest under the guise of working for the public, retaliate against and frame practitioner who protest, file a grievance, or appeal, commit the crime of retaliation and framing.
The above mentioned acts constitute crimes, and violate the "Constitution of the People's Republic of China," "Criminal Law of the People's Republic of China," "Criminal Procedure Law of the People's Republic of China" and a multitude of other Chinese laws. When providing defense for practitioners, one may point out these criminal acts during the court proceedings and prove the persecutors' illegitimacy.
There are more illegal activities that were not included above. We wish to mention before closing, that the crimes of torture and genocide can also be cited and prosecuted under international law.
In short, Falun Gong is a legitimate practice. All unfair treatment and persecution of Falun Gong practitioners is illegal.