Ministry of Foreign Affairs Secretary Mr. Chen Youbang Sues Responsible Agencies for Wrongful Prison Sentence
Name: Mr. Chen Youbang (陈由邦)
Age: 40, born in 1972
Occupation: Secretary at Archives of Ministry of Foreign Affairs of People's Republic of China
Date of Most Recent Arrest: November 10, 2012
Most Recent Place of Detention: Chaoyang District Detention Center (朝阳区看守所)
Persecution Suffered: Torture, home ransacked, detention
(Minghui.org) Falun Gong practitioner Mr. Chen Youbang, a secretary of Archives in the Ministry of Foreign Affairs, was arrested on November 10, 2012 by officers from the Beijing Police Department. He is being held at the Chaoyang District Detention Center. Mr. Chen was charged for passing out Falun Gong pamphlets in public. During the court session, a sentence was not pronounced against Mr. Chen because of the forged evidence by the police. News was then received from the court that Mr. Chen was sentenced to three and a half years in prison. Mr. Chen has already filed a lawsuit against the related legal agencies.
The sentence was pronounced by the Wenyuhe Court of the Chaoyang District People's Court in Jinzhan township in the Chaoyang District, Beijing. Mr. Chen's defense lawyer pointed out that during the hearing on March 26, 2013, the court was shown a video recording of a policeman finding pamphlets in a neighborhood, and Mr. Chen's car license plate; however, numerous segments of the video appear to have been forged. The lawyer demanded the court to release Mr. Chen immediately.
Without evidence, the court adjourned, but did not release Mr. Chen. The police claimed that they would look for other evidence. It was then heard that Mr. Chen was sentenced to three and a half years in prison.
Mr. Chen's lawyer said that Mr. Chen was arrested and charged for distributing Falun Gong literature. Chinese legislation has never stipulated that practicing Falun Gong and passing out its literature was against the law. In addition, “It is not a criminal act even if he did pass out those pamphlets.”
The lawyer said: “There is also a provision in our country's law that judicial staff who press criminal charges on innocent individuals are guilty of abusing the law for personal interests. Therefore, I believe the judicial staff knew he was innocent, as Mr. Chen did not commit a crime, and they are breaking the law, and doing so intentionally.”
The lawyer also mentioned that the day after his arrest, Mr. Chen's blood pressure went up and he was sent to a hospital. Mr. Chen's hands and feet were tied to a hospital bed for over a month. The court did not notify Mr. Chen's lawyer the day and time of the hearing.
The lawyer pointed out that for every case against Falun Gong practitioners, legal procedures did not follow the law. To prevent attorneys from representing Falun Gong practitioners in court, the judicial agencies even violate attorneys' legal rights.
Mr. Chen has currently filed charges against 42 judicial staff members at the Beijing Police Department, Chaoyang District Procuratorate and Court for “abusing the legal system for personal interests.” In the indictment, Mr. Chen pointed out, “According to the law, I am innocent, but I am being charged for criminal acts by the judicial staff in Beijing, and my personal rights have been violated. (I) ask related legal agencies to proceed according to the law and protect the accused individual's legal rights and the dignity of the law. I am pressing the charge of 'abusing the legal system for personal interests' against 42 individuals, including Xu Yong and Ye Youzhong from the Beijing Police Department, Zhang Xin from the Chaoyang District Procuratorate, and Li Xiao and Li Xin from the Chaoyang District Court.
Mr. Chen Youbang, on the Staff of the Foreign Ministry, Arrested for His Belief (http://en.minghui.org/html/articles/2013/4/5/138776.html)