Police Injure and Bring False Charges against Pan Youfa, Authorities Fail to Bring Him to Trial
Key Facts of the Persecution:
Name: Pan Youfa (潘友发)
Address: Shenyang City, Liaoning Province
Occupation : Formerly employed at the Shenyang Urban and Rural Construction Committee
Date of Most Recent Arrest: August 28, 2012
Most Recent Place of Detention: Xinmin City Detention Center (新民市看守所)
Persecution Suffered : Forced labor, brainwashing, illegal sentencing, brutal beatings, imprisonment, detention, back cuff, iron chair, denied visitation
In August 2012, police from Shenyang City and Xinmin City in Liaoning Province broke into a Falun Gong practitioner's home and arrested Mr. Pan Youfa and the other practitioner. During the arrest, Domestic Security Division police Chen Fuyang from Shenyang City injured Mr. Pan with a knife, but the police claimed Mr. Pan attacked them with a knife. Subsequent police beatings left Mr. Pan severely injured and in critical condition. The Chinese Communist Party (CCP) judicial system was in a hurry to try him on false charges, regardless of his condition.
The Xinmin City Procuratorate accused Mr. Pan of “using a fruit knife to attack police and obstruct law enforcement and of possessing Falun Gong materials.” He and his attorney challenged the charge when forensic analysis did not find Mr. Pan's fingerprints on the knife. They also pointed out that the Constitution guarantees freedom of belief and that the purported witness has a mental disorder. Mr. Pan life is in great danger. Xinmin City CCP judicial system tried to try him twice but failed. Pan Youfa has since returned home.
1. Officer Chen Fuyang Injured Mr. Pan with a Knife
Pan Youfa, a former army officer, led his troops to fight the big fire in Daxing'anling Forest and to cope with floods and other natural disasters. He won many awards for serving the country. He benefited physically and mentally from cultivating Falun Dafa and became an even better person. The severe illnesses he had while serving in the army all disappeared. This saved the country huge medical expenses.
On August 28, 2012, practitioner Hu Lin from Shenyang City notified Mr. Pan that a female “practitioner” from another area had called and asked for some headsets. She told Hu Lin she got his phone number from practitioner Cao Yang, and she asked him to meet her at South Station. Mr. Pan thought it was suspicious and said he would meet the woman instead. She did not seem like a practitioner when they met, and when he asked if she was Cao Yang's friend, she denied knowing him. Mr. Pan warned Hu Lin not to see her.
That afternoon Mr. Pan visited Hu Lin, who told him the woman had called again and wanted to come to his home. Pan Youfa told him to ignore her. While they were talking, the woman called again. Hu Lin met her at the Nujiang Bus Station and gave her ten headsets. The woman insisted on using his bathroom. Hu Lin told her to find a public restroom and then left, not noticing the two people who followed him.
When Hu Lin returned to his apartment, two people suddenly came up from behind. One person pushed him down. The other took his key and opened the door. He saw Mr. Pan sitting on the bed and dragged him to the floor, too. The two people did not identify themselves and were not wearing police uniforms.
Officer Wang Degang from Nujiang Police Station (now merged with Tawan Police Station) had attacked Hu Lin, and Officer Chen Fuyang from Shenyang City Domestic Security Division attacked Pan Youfa.
Mr. Pan and Mr. Hu Lin tried to escape. Wang Degang caught Mr. Hu. Chen Fuyang grabbed Mr. Pan's vest strap, but Pan Youfa took off the vest. Chen then grabbed Mr. Pan with both hands. Mr. Pan suddenly felt his right arm go numb.
Chen had found a fruit knife on the coffee table and grabbed it. He injured Mr. Pan's right arm and cut himself on the hand.
Chen threw down the knife, punched Mr. Pan in the ribs a few times, and grabbed his hair to slam his head against the wall three times, which almost made him pass out.
Officer Wang Degang called a neighbor to go downstairs and get the police. Officers from Xinmin City Domestic Security Division and Xibeijie Police Station showed up. The first officer that arrived hit Ms. Pan in the head with the heel of his shoe. Mr. Pan's mouth and nose bled profusely, and he was covered in blood.
They handcuffed the two men behind their backs, pushed them down, and covered their heads. Chen Fuyang, Wang Degang, Huo Shoujun, and others kicked Mr. Pan in the ribs, back, and buttocks, then stamped on his feet.
They ransacked Mr. Hu Lin's home. None of the police were uniformed, showed any ID, or gave any itemized list after confiscating Mr. Hu's personal belongings.
Nearly 10,000 yuan in cash, bank cards, bank savings books, a desktop computer, two laptop computers, a cell phone worth 1,000 yuan, a portable DVD, many books, two razors, mini speakers, one watch, one leather belt, tea worth a few hundred yuan, a new mattress, one quilt, and many other personal belongings were taken.
Two VE209 cellphones, one copy of Zhuan Falun, one MP3 player, a senior bus card, a military officer ID, 1,000 yuan in cash, and keys were taken from Mr. Pan.
Wang Degang thought that Chen Fuyang had gone to the clinic since his hand was injured, but he had just gone to get rid of the knife. Another officer said to Wang, “Don't throw it away. Get it back. We can say Pan Youfa used the knife to attack us.”
Wang Degang got the knife and tried to put it in Pan Youfa's hand to get his fingerprints, but Mr. Pan resisted and said, “You should not accuse good people for no reason. Don't you have a tiny bit of conscience left?” The police covered his mouth with a dirty rag.
They tried again, but Mr. Pan still resisted. The police put the knife into a paper bag and said, “OK. This is the evidence that he attacked and hurt the police.”
By then, Mr. Pan was so badly injured that he could not move. Two officers grabbed him by his handcuffs and dragged him from the seventh floor all the way down. His arms that were cuffed behind his back were severely injured, and he still cannot lift his arm today.
The practitioners were taken to Xibeijie Police Station in Xinmin City, about 100 kilometers away. They were handcuffed behind their backs from 6 p.m August 28 until 2 a.m. August 29. They were injured and bloody. The handcuffs dug into the flesh of their wrists. They could not move.
After eight hours of extreme pain, the two practitioners arrived at the Xibeijie Police Station. They were immediately bound to iron chairs and interrogated by Wang Xingkuan. During the interrogation, Mr. Pan noticed a two-inch-long cut on his right arm had already become infected.
The “witness,” Dong Weijia, was sentenced to ten years in prison in 2003 for producing Falun Gong truth-clarifying materials. He was released on January 21, 2013. Mr. Pan never knew Dong Weijia.
Mr. Pan and Mr. Hu were taken to the Xinmin City Detention Center after 4 a.m. The detention center refused to admit Mr. Pan when they saw his injury. The police then took the two practitioners to the Xinmin City Hospital for electrocardiograms, blood pressure checks, and x-rays. But they did not check Pan Youfa's head and did not let him know the examination results. The police made a deal with the detention center, which finally admitted the men after 6 a.m.
On September 29, two officers from the Xibeijie Police Station transferred Mr. Pan to the Tawan Police Station. He was again bound to an iron chair, and his family was notified to pick him up. But when his wife arrived at the police station after 6 p.m., the police told her that the chief was not in.
Two officers from the Tawan Police Station interrogated him again. They first told him they had a gun and then asked who Dong Weijia was. Mr. Pan said he did not know him. The police then asked how he attacked the police with knife. Mr. Pan told them how Wang Degang and the police from Xinmin City discussed framing him.
The next morning when Mr. Pan's family member came to pick him up, she was told that he had been taken away.
2. Pan Youfa in Critical Condition, the CCP Seeks a Quick Trial
In the Xinmin City Detention Center on September 30, Mr. Pan had constant pain in his chest. It hurt to cough due to internal injuries. Two people had to hold him up to go to the restroom.
The hospital later confirmed that his left patella, right arm joint, and six soft ribs were fractured. More seriously, he had nausea and vomiting, was unable to eat, and had convulsions. He had to lie down and was sent to the hospital a few times. A CT scan at the Chinese Medical University First Hospital and an MRI at the Xinmin City Hospital showed trauma caused by accumulation of cerebral fluid and brain cyst.
A few days later, Mr. Pan had a headache, convulsions, and nausea. He tried to eat but could not. The symptoms lasted for four to five days. At first, this happened every two weeks, then it happened every four to five days or sooner. Around the Chinese New Year, the headache and symptoms got worse. He could not eat anything. After the Chinese New Year, he had to stay in bed and could not move.
Although Pan Youfa's life was in great danger, the detention center did not take him to the hospital or treat him for over five months. They also hid the truth from his family, who had requested to visit him many times and asked about his health. The detention center never let them see him, and told them that Mr. Pan was very healthy.
3. CCP Judicial System Tried to Rush a Trial
The Shenyang City 610 Office urged the Xinmin City Procuratorate and Xinmin City Court to try Mr. Pan as soon as possible, regardless of his condition.
Xinmin City Court initially planned to try him on March 18, 2013. Chen Hongyan would charge Mr. Pan with “using a knife to attack police and obstruct law enforcement and possessing Falun Gong brochures and Minghui Weekly."
Mr. Pan said the constitution guaranteed freedom of belief. He also described how the police conspired to falsify evidence to frame him. In addition, the knife did not have his fingerprints on it. Pan Youfa's attorney also questioned other falsified evidence. The trial was canceled.
The detention center finally sent Mr. Pan to the Xinmin City Hospital. The detention center got the exam report the next day but withheld the results from him. The detention center police and doctors all talked with him but did not mention his injuries. Instead, they asked him to take a blood thinner. He said, “I cannot take it. The examination isn't finished yet.” That same day, he heard the prisoners talking quietly about the fluid in his brain.
Mr. Pan realized it was very serious and that the fluid accumulation was caused by the delay of treatment. He immediately requested medical treatment. But the chief of the detention center, Qi Fuchun, asked him if he would be able to attend a trial and told him his superiors wanted to begin the trial immediately. Mr. Pan firmly refused to attend and requested further tests and results.
On April 9, the police took him to the Shenyang City Medical School First Hospital for a CT scan. They also brought his MRI results from Xinmin City Hospital and his luggage in case he need to be hospitalized. He was diagnosed with accumulation of cerebral fluid due to brain injury and a brain cyst. The doctor recommended an MRI. The police showed him the MRI done by the Xinmin City Hospital. The doctor decided to let Mr. Pan rest for a month before any surgery to see if the fluid could be absorbed.
Xinmin City Court got the medical records from the Xinmin City Detention Center and knew about Mr. Pan's condition, but still asked him to attend the trial. He told the two court officials, Wang Meng and Ji Xingdong, that he was severely injured and could not. He also told them to check the indictment again, because he was innocent and the indictment was full of flaws.
The court decided to try Pan Youfa on April 19 anyway. The night before, officer Li Yingfu from the detention center told him, “Your attorney came to visit you today. It was already late so I did not let him see you. Tomorrow is your trial.”
The Procuratorate official, Chen Hongyan, told him before the trial, “Just answer whatever I ask you. Don't talk about things I do not ask.” Mr. Pan said, “I must say it even if you do not ask.”
The next day, two people came to the detention center. They did not identify themselves and just started to read the indictment. The indictment did not include "attacking police with a knife." It accused Pan Youfa of obstructing justice, possessing Falun Gong materials in the apartment in Nujiang Street, and giving Dong Weijia Falun Gong-related materials ten years ago.
Pan Youfa and his attorney pointed out that all the evidence was fabricated by the Shenyang City 610 Office. In addition, the "witness" had a mental disorder.
The Xinmin City Procuratorate and court were well aware that the 610 Office had framed Mr. Pan and that the police had injured him severely. But instead of pursuing the real criminals, they insisted on trying the victim.
The next day, Mr. Pan and his attorney talked for about two minutes before the bailiff announced the start of the trial. Pan Youfa said, “I cannot attend due to my condition.” The bailiff said, “We must start the trial.” Mr. Pan said, “Who will be responsible if something goes wrong? Who will sign?” The officer was afraid of signing his name. The attorney said he did not have the right to sign, so the trial count not begin.
After Mr. Pan was taken back to the detention center, he had convulsions again. He could not eat anything for eight days. At 8 p.m. on April 25, he was sent to the 242 Hospital for emergency treatment. The next day, he had another CT scan. The results were the same. The hospital also took x-rays since he had chest pain.
Mr. Pan's attorney asked the court to release Pan Youfa on bail for medical treatment twice, but the Xinmin City court refused. On May 8, the attorney went to the hospital to visit Mr. Pan, who told him about his critical condition and said he wanted to appeal to higher level authorities. On May 10, Jing Lianzhu, the criminal court judge of the Xinmin City Court, and presiding judge Ji Xingdong went to the hospital and asked Mr. Pan, “Can you attend the trial? If not, can we hold it in the hospital.” Mr. Pan said, “You cannot hold the trial anywhere. How can I defend myself when I am in such critical condition?”
After Mr. Pan was hospitalized, he had to have infusions every day. After the infusion, he had a lot of congestion. Around May 13, he told the doctors he did not want the infusion anymore. The doctor said, “If we stop giving it to you, your life will be in great danger.” By then, Mr. Pan's blood pressure was only 60 to 90mm Hg and his heartbeat was very slow. The doctor pointed to the heart rate monitor and said his heartbeat showed a nearly straight line.
Mr. Pan could not eat anything and his condition was critical. The police still video-monitored him the whole time he was at the hospital. They even took the video back to study it in order to find a way to start the trial.
Mr. Pan's family went to the Shenyang City Appeals Office to accuse the Shenyang City Domestic Security Division of fabricating evidence and intentionally injuring Pan Youfa. They requested his unconditional release. The director of the appeals office contacted the Shenyang City Domestic Security Division. The police from the Domestic Security Division said, “We belong to security units. You have no power to ask! Not just you, even the chief of police has no power to ask.”
The court tried to convene the trial twice and failed. The Shenyang City 610 Office personnel pushed the responsibility onto the Xinmin City Court when Mr. Pan was critical. They told his family, “We handed in the case to Xinmin City Court. It is out of our hands now.”
Mr. Pan was finally released on May 16, 2013. By then, he had not eaten anything for a month.
Participants in the persecution of Pan Youfa:
Shenyang City Police Department: Wang Xiaogang, deputy chief
Domestic Security Division: Ma Lixin, captain Liu Xin, deputy captain Ma Zhanliang, Chen Fuyang and others, police officers
Xinmin City Police Department: Li Xing, deputy chief Domestic Security Division: Su Jianping, captain Wang Bingyuan, deputy captain
Nujiang Police Station: Wang Degang, officer
Xibeijie Police Station: (Note: Xibeijie Police Station is now known as Xibeijie Branch Police Department) Su Hualin chief Huo Shoujun, officer
Xinmin City Detention Center: Qi Fuchun, director
Xinmin City Procuratorate: Chen Hongyan
Xinmin City Court: Jing Lianzhu, judge Ji Xingdong, head of the court