(Minghui.org) Yilan County Court in Heilongjiang Province illegally tried five Falun Gong practitioners on July 18, 2013. The tried practitioners included Mo Zhikui, Li Dapeng, Xu Feng, Sun Wenfu, and Zhang Jinku, who had all been detained for over three months at the time. Before the trial, the police covered the practitioners' heads with black hoods, and they were cuffed and shackled. Three were forced to wear prison uniforms.
Before the trial began, nearly one hundred people who were concerned about this case gathered around the courthouse. Some were relatives or friends of the practitioners, and others were acquaintances who were invited to sit in on the trial. Some, however, including teachers and directors of the residence offices, were tricked into coming. They came because they were told to “listen to a report.” The people sitting in the first three rows of the visitors' area were from the Heilongjiang Province 610 Office and the Yilan County 610 Office. The deputy head of the Yilan County Police Department, the head of the Domestic Security Team, and other officials were also present.
When the trial began, Mr. Mo Zhikui's family only saw one lawyer enter the courtroom. They asked the judges, “We hired two lawyers. Why has only one come?” The judges didn't answer.
Mr. Mo Zhikui's lawyer pointed out:
1. It's illegal for the court to forbid a lawyer hired for the defendant from being present during the trial. The members of the judicial panel responsible for barring the lawyer should withdraw from the hearing.
2. It is illegal to search the lawyer and his or her personal belongings.
3. It is illegal to try the 13 detainees who were arrested at the same time in different courts. They wouldn't be able to communicate with each other and verify their testimonies.
The lawyer also pointed out that according to the law, the court must inform the litigants' family members of the start of the trial three days in advance. The litigants are supposed to be informed ten days advance. The court did not inform the familes at all, and did not inform the litigants until the day the trial began.
The lawyer said, “There is no clause in the current laws in China that prohibits Falun Gong. Furthermore, the Chinese Constitution protects freedom of religion. Practicing Falun Gong is exercising one's freedom of religion as a citizen. Therefore, practicing Falun Gong does not violate the law; it is a legal activity. In 1992 there were many Falun Gong practice sites in China, and by 1997 there were practice sites in Yilan County. The government praised Falun Gong at the beginning and before the persecution, because Falun Gong is truly beneficial. The Party launched the persecution later only out of their absurd jealousy. Falun Gong has since spread widely and is practiced in over 100 countries. Why? Because Falun Gong is really great.”
When the lawyer said that practicing Falun Gong was a lawful activity, public prosecutor Ning Yan said, “We didn't say that practicing Falun Gong was illegal. They are free to practice at home. But distributing Falun Gong videos and other materials is illegal.” The lawyer responded, “Distributing Falun Gong materials is also an implementation of religious freedom, therefore it should also be regarded as lawful.”
The lawyer also stressed that forcing three practitioners to wear prison uniforms against their will was also an unlawful action.
The lawyer also stated, “In clarifying the truth of Falun Gong, the litigants were protected by their freedom of speech, as stated in the 35th and 41st Clauses of the Constitution; also freedom of religion, as stated in the 36th Clause.
During his concluding remarks, the lawyer declared that since none of the accusations against the litigants were tenable, they should be found innocent.
About three minutes after the lawyer began arguing for the practitioners, judge Zhang Anke began pounding his gavel to silence him. The lawyer reminded people that religious freedom is protected under the Constitution. Throughout the lawyer's argument, the judge kept pounding the gavel. He even threatened and laughed at the lawyer. Everyone in the courtroom could easily understand what was being said, and no one could offer a valid argument when the lawyer said that practicing Falun Gong and clarifying the truth did not break the law.
After the trial, people said, “Now I know that practicing Falun Gong is legal!” As one police officer walked out of the courtroom, he said, “It seems that Falun Gong practitioners will be released soon.”
