Qixia Court Violates the Law, Beijing Lawyers Submit Letters of Complaint
(Minghui.org) The 610 Office and the police department in Qixia, Shandong Province, arrested more than 20 Falun Gong practitioners and their relatives on August 30, 2011, and confiscated the practitioners' belongings. In December 2011, practitioners' families hired Beijing lawyers to defend them. As a result, the Qixia Procuratorate returned files to the police department on two occasions and cancelled the trial. Nevertheless, Qixia police refused to release the practitioners and instead fabricated charges against them.
The Qixia Procuratorate initiated a public proceedings against seven Falun Gong practitioners on May 7, 2012, for a fabricated crime of “using an evil cult to sabotage execution of the law.” The Qixia Court accepted the case. Presiding over the case was Judge Lin Baohua, deputy president of the criminal court. Lin Guojun and two other practitioners hired a Beijing lawyer to defend them. The lawyer presented his official office letter and letter of attorney to the court. The court clerk then gave the lawyer the indictment from the Qixia Procuratorate.
Court Violates the Law
In June 2012, during the court proceedings, Judge Lin Baohua threatened the defendants several times to withdraw their lawyers, but without success. The judge then threatened and deceived their relatives, but that also failed. On July 3, 2012, the Qixia Court convened a secret session to hear the case and didn't notify the practitioners’ families or lawyers.
Practitioner Jiang Shuying asked Judge Lin Baohua, “Why is my lawyer not present?” The judge replied untruthfully, “Yesterday we notified your lawyer, but he didn't come.” After the court session, the Beijing lawyer called the court and questioned the legality of the proceedings. A Qixia Court staff person lied to the lawyer, saying, “The defendants dismissed their lawyer.”
Article 11 of the Criminal Code stipulates: “The accused has the right to defense; the court is obliged to guarantee his defense.” And Article 32 of the Judges Law stipulates: “The judge shall not: (i) abuse the power and infringe upon the legitimate rights and interests of natural persons, legal persons, or other organizations.” Judge Lin Baohua deprived the defendants' lawyer of the right to defend his clients, and deprived the defendants of the right to a defense. The judge has patently abused his power.
Lawyer Wang from Beijing went to Yantai to investigate the circumstances of the secret trial. On July 6, 2012, he met with his client, Jiang Shuying, and was informed about the incident. He lodged complaints with the Qixia National People's Congress, the Procuratorate, and the Discipline Inspection Department of the Court. They agreed to reply after an investigation. When the families of the practitioners learned that the court had violated the law, they went to the court to dispute the wrongful act. Judge Lin Baohua tried to shift the responsibility.
On July 6, 2012, Beijing Lawyer Dong arrived in Qixia and went to the detention center with his client's daughter to demand a meeting with his client, Lin Guojun. A female staff member at the detention center said that she had to ask for approval from her supervisor. Eventually, Lawyer Dong had to negotiate with the director of the detention center. The director claimed that “the judge said Lin Guojun could not hire a lawyer.” Lawyer Dong demanded to see Lin Guojun in person to verify. The director said, “The court doesn’t allow him visitation rights. You will have to talk to the Court.”
Lawyer Dong then lodged complaints about Judge Lin Baohua with the Discipline Inspection Department and Petition Department of the court. Officer Wei in the Discipline Inspection Department and Officer Zhou in the Petition Department kept the records. Another officer from the Petition Department rang the president of the Criminal Court, Lu Xiujuan, and told her about Lawyer Dong's complaints. Lu told him that Lin Guojun's brother had dismissed the lawyer. However, Lawyer Dong was hired by Lin Guojun and her daughter and his brother didn't have the authority to dismiss the lawyer. Lu's reply didn't make any sense. Furthermore, the court had pressured Lin Guojun's brother.
Defendants' Lawyer and Families Lodge Complaints
Lawyer Dong and Lin Guojun's daughter went to the detention center and the court five times within four days but were not able to see Lin Guojun. The court president and Judge Lin Baohua were not present on any occasion. Lawyers Lan and Zhang from Beijing also went to Yantai and Qixia despite their busy schedules. They tried many avenues to get to see their clients, but Qixia Court and those in charge prevented them from meeting with them.
The lawyers believe that Qixia Court violated laws regarding criminal law procedures and abused its power. The current law doesn't stipulate that Falun Gong is an evil cult. In accordance with the Supreme People's Procuratorate, on dereliction of duty, it constitutes a favoritism offense if cases with no obvious evidence for crimes are accepted. The collegial panel of judges and relevant judicial committee members, as well as other personnel responsible for hearing the case, will be charged with a favoritism crime.
Chapter IX Article 54 of the Civil Law, effective January 1, 2006, provides that “public servants who administer illegal decisions or orders shall bear the corresponding responsibilities.”
Lawyer Dong has delivered in person his complaint letter to Yantai Procuratorate and the Petition Department. The family’s complaint letter about the Qixia Court was also sent to Beijing, Provincial and Municipal Procuratorate, Discipline Inspection Department, and Petition Department.