Why Are Chinese Judges Hostile toward Lawyers that Defend Falun Gong Practitioners?
(Minghui.org) The Minghui website reported that on April 3, 2013, attorney Wang Quanzhang from the Beijing Zhenbang Law Office defended Mr. Zhu Yanian at the Jingjiang City Court in Jiangsu Province. He reprimanded the police for depriving the elderly Mr. Zhu of sleep for three days and nights, and blowing cold air on him. At the end of the trial, Mr. Wang was taken away and detained for ten days for “talking too loud.”
Similar cases have been reported on the Minghui website. Many of the lawyers that defend Falun Gong practitioners have encountered abusive treatment. China claims to be governing itself according to the rule of law. Then why are Chinese judges so hostile toward attorneys who defend Falun Gong practitioners?
I. Defense Lawyers Make Convincing Arguments about the Illegality of the Persecution of Falun Gong by the Chinese Communist Party (CCP)
The CCP began its all out persecution of Falun Gong on July 20, 1999. When the persecution first started, the Communist regime used the forced labor system to arbitrarily arrest practitioners and put them into forced labor camps. Torture and forced brainwashing were used to pressure practitioners into giving up their belief. The illegality of the forced labor system has been condemned both domestically and internationally, so the regime has continued its political campaign against practitioners by using the law as a form of cover. In this way they can control the justice system and the security branches that arrest, prosecute, and sentence Falun Gong practitioners.
Even with all the pressure the regime inflicts, there are still righteous lawyers willing to argue for practitioners. After careful analysis of Chinese law, attorneys have pointed out that the persecution against practitioners for the past 14 years has been entirely illegal. For example, attorney Wang Yonghang wrote an open letter to the Supreme Court and the Supreme Procuratorate, titled “Let's clean up the disaster caused by our huge mistakes in the past.” He systematically pointed out that cultivating in Falun Gong accords with Chinese law. It is the persecution of Falun Gong that is the crime.
Many lawyers have pointed out during trials that Falun Gong practitioners adhered to the principles of freedom of belief stipulated in the Chinese Constitution. Article 300 of the criminal code states that to prosecute practitioners for “using a heretical organization to undermine the implementation of law” lacked an essential element. For example, the authorities could not specify which laws practitioners were obstructing and what the consequences of their actions would be. In what manner were they obstructing justice? Falun Gong cultivation is the essence of the Chinese traditional culture, and has nothing whatsoever to do with a cult. The persecution conducted by the justice system and the security system under the control of the regime is actually responsible for obstructing justice and causing lasting harm.
It is the regime that is actually obstructing justice. They harm good people under the auspices of the law.
II: Lawyers Arguments Expose the Cruelty of the Persecution by the Justice and Security System
One of the reasons that attorney Wang Quanzhang was detained was because he reminded the judge to be unbiased and not automatically find the practitioner guilty. He pointed out that the illegally detained practitioner Mr. Zhu had been deprived of sleep and had cold air blown on him for a long time.
Another case, which attracted the attention of the Chinese central government and the world media is that of Mr. Wang Xiaodong which occurred in Botou, Cangzhou City, Hebei Province in 2012. Attorneys Cheng Hai and Li Changming were barred from defending Mr. Wang because they exposed that Mr. Wang had been tortured in the detention center. Torture methods used included, electric shock with a manual telephone, forced to stay in a head down-buttock up position, smashed with heavy objects on the hands and feet, burned with a cigarette, and others. The detention center had over 70 methods of torture they used on practitioners.
Gao Zhisheng received the heaviest persecution because he wrote three open letters to Hu Jintao and Wen Jiabao pointing out the illegality of the persecution and the unbelievable atrocity of the tortures implemented.
These attorneys had the courage to expose the crimes of the Communist regime. The lawyers fighting for practitioners' rights are seen as a thorn in the side by the regime.
III: Chinese Judges Have Become Enforcers in the Persecution of Falun Gong
Although the Chinese Constitution states that the courts should conduct trials independently, the Party has never given up its control of the courts and the judges. For example, the formal documents and business reports of the Supreme Court in 1999, 2002, and 2004, requested that the courts at all levels strengthen the persecution against Falun Gong. Even in “The Supreme Court’s Opinions on Enhancing Jurisprudence Capability and Quality”, a document published in 2005 requested the judges to “be extremely alert to the new situation of Falun Gong’s fight against us utilizing legal measures.” The laws are not enforced and no longer protect the people. The laws are actually used to harm the people and the judges are the enforcers.
IV: Only When the Party Is Destroyed Can Judges Be Independent
Some of the judges involved in the case of attorney Wang Quanzhang knew that they were handling things illegally. Most of them had worked hard for many years to earn the position they currently hold and they have ample knowledge of law. Why then did they knowingly violate the law?
The persecution of Falun Gong violates the law. Because practicing Falun Gong is legal, an illegal organization was formed called the 610 Office to persecute Falun Gong practitioners. This agency was to control and manipulate the justice system and the security system. The Political and Legal Affairs Committee, which is a higher body than the justice system and the security system were used to force and coerce the national security, the police, the courts and the district attorney offices to persecute Falun Gong. They took part in all kinds of criminal activities and openly disregarded the constitution and the law. Because the 610 Office did not abide by the law, the court was compelled to use measures likened to that of thug's to scare the lawyers.
The judges of the Jingjiang Court behaved pitifully as tools for the Party. They were forced, coerced, or lured in by those with higher authority. They thought that someone was covering their backs and felt they had the power to do anything without being held responsible. What they did not know was that their superiors, the 610 Office and the Political and Legal Affairs Committee, were also just tools that Jiang Zemin was utilizing. Now Jiang has lost all of his power and is dying. He is facing many international lawsuits and the Political and Legal Affairs Committee is also collapsing. What awaits them are the demands for accountability and heavy punishment. As for the local 610 Offices and the justice system and the security organizations at lower levels, they are certainly going to be in a great amount of trouble.
We would like to remind all judges: If you would like to be respected by the people instead of being despised, quit the Party. Knowing the truth about Falun Gong is the guiding light for all judges and other personnel. Escape the control of the Party by making them accountable for their crimes against Falun Gong.