(Minghui.org) Two Falun Gong practitioners in Yichun City, Heilongjiang Province, were arrested in May 2013 and sentenced to ten years in November because they used currency bills with brief messages about Falun Gong written on them.
"Truth Clarification" Currency
Currency with short messages about Falun Gong is one way practitioners in China tell people the facts about Falun Gong. “Falun Dafa is great” is one example of what is written or printed on the bills.
Because all media in China is controlled by the Chinese Communist Party (CCP), many people don't know the truth about Falun Gong. These bills are very popular, and some people deliberately collect them. Out of fear, however, the CCP has tried very hard to punish Falun Gong practitioners for producing such currency to clarify the truth.
Ms. Liu Yanhua and Ms. Wu Wenjin Not Represented in Court
Ms. Liu Yanhua and Ms. Wu Wenjin are Falun Gong practitioners in Yichun City, Heilongjiang Province. They were tried twice in the Yichun District Court in Yichun City between May and November. The police, Procuratorate, and court did all they could to obstruct the defendants' lawyers.
Although the lawyers attended the trials, they were not allowed to defend Ms. Liu and Ms. Wu, so they angrily left the proceedings. In the end, Yichun District Court accepted the recommendation of Cai Yongxiao, the prosecutor, and sentenced Ms. Liu and Ms. Wu each to ten years. They based their verdict on the evidence that the two had exchanged currency with messages about Falun Gong on it.
According to Ms. Liu's and Ms. Wu's families and relatives, the police department, procuratorate, and court disregarded the law during the trial.
Defense Lawyers Prevented from Doing Their Job
Ms. Liu and Ms. Wu were arrested by officers from the Hongsheng Police Station in the Yichun District for exchanging truth clarification currency in the Hongjiang Market in the Yichun District around 1:00 p.m. on May 17, 2013. They were held in the Yichun Detention Center.
The Yichun District Police Department and Procuratorate submitted their case to the court on July 15.
Both families hired three lawyers from Beijing to plead not-guilty on behalf of Ms. Liu and Ms. Wu. Manipulated by the 610 Office, however, the police, procuratorate, and court ignored the law and prevented the lawyers from even meeting with their clients. After strong protests from the two families and the lawyers, the lawyers were finally allowed to meet with Ms. Liu and Ms. Wu. Nonetheless, the police officers from the detention center monitored and screened their conversations.
First Trial Adjourned Three Times
The first trial was held in the Yichun District Court on September 10, 2013. The presiding judge was supposed to check the identity of all the parties involved in the case, but failed to check the identity of the prosecutor. The lawyers immediately pointed out that he didn't comply with the law.
Ms. Wu and Ms. Liu appeared in court in handcuffs and shackles. Attorney Zhao Yonglin pointed out that they were not criminals and should not be restrained. The judge said that the detention center had put on the restraints. The lawyer insisted that the courtroom was under the jurisdiction of the Yichun District Court. The judge had to adjourn the hearing and asked the police to get the key from the detention center and remove the handcuffs and shackles from Ms. Wu and Ms. Liu.
During the hearing, the lawyers repeatedly pointed out that the trial violated the “Code of Criminal Procedure” and asked the judge and the prosecutor to absent themselves, but the judge overruled the request and continued.
The lawyers asked the judge, “Do you have the authority to overrule our request to have the prosecutor step aside? Who would have that power?” The judge responded that it should be the chief procurator who made the call. The judge realized that overruling the request didn't make sense, so he announced another adjournment.
The judge brought in the president of the court when the trial resumed at 2:00 p.m. The president read a document which stated that, based on the Code of Criminal Procedures, the presiding judge didn't break the law and he would continue to serve as presiding judge. Then the prosecutor read a letter from the chief procurator which stated that the prosecutor didn't violate the law and would continue to serve as such. Only a full court judge was replaced, but the court decided to continue the trial.
Lawyer Zhao pointed out the court had broken several laws which included:
1. The new judge just took over the case and didn't know the details. He should be given enough time to go through the file. 2. The court should have sent the lawyers the indictment ten days prior to the trial. However, Lawyer Zhao didn't receive it until court was in session. 3. Ms. Wu and Ms. Liu should have received the indictment three days prior to the trial, but they received it less than a day before.
The presiding judge didn't respond to the lawyers. He once again announced an adjournment and said that the trial would resume on September 24.
Court Engages in Unnecessary Pre-trial Conference
The court was heavily guarded and cordoned off around 8 a.m. on September 24. Many police cars were parked in front of the courthouse, and the police took photos or shot videos of those nearby. A number of people wanted to attend the hearing, but the police would not let them enter.
Three lawyers arrived at the presiding judge's chamber at the Yichun District Court on time, but Li Yongsheng, the president of the Criminal Tribunal, said to the lawyers, “We will have a pre-trial conference at the detention center because the two defendants want to join us.”
The three lawyers sat down and said, “We are here for the trial and not for a pre-trial conference.” Li Yongsheng said that they were ready and all the parties had already been in attendance. The lawyers asked, “Why do you need a pre-trial conference?” The response they got was that many issues with the legal proceedings from the last session could be resolved prior to the trial.
The lawyers said, “The first session was held on September 10 and a pre-trial conference is not necessary.” They also presented the legal document and told Li Yongsheng that there was no legal basis for such a conference. The lawyers asked whether the trial would be held that day or not. The judge didn't reply and said instead, “The pre-trial conference can be held at the court if you don't want to go to the detention center. We can get the defendants here.” The lawyers disagreed with this approach.
Li Yongsheng said, “If you don't want to have the pre-hearing conference, you don't have any questions with the legal proceedings, right?”
The lawyers replied, “Not at this point, but we'll point them out whenever necessary. We want to have the trial today.” The office phone rang from time to time, suggesting that the detention center urged them to come there for the meeting. Because of the lawyers' persistence, the court finally gave up the pre-trial conference ploy.
The court asked the lawyers to confirm in writing that they would not question the legal proceedings during the trial, since this was offered during a pre-trial conference. However, the lawyers said, “We won't sign anything. We will leave if you don't want to hold the trial today. You can notify us for the next trial.”
Li Yongsheng asked the lawyers, “When do you think would be the good time for the next trial?” The lawyers said that they wouldn't have time in early October and the court would have to wait until the middle of October. The lawyers asked that the date be determined by phone and confirmed by mail. Additionally the lawyers and the court reached an agreement that the lawyers could meet with the defendants whenever needed.
Tricks Played During the Trial
The next trial was scheduled for October 22. One of the lawyers, Chu Yukun, could not appear in court on time because his flight was delayed due to fog and he could not get a same day train ticket. The lawyers were planning to negotiate with the court to postpone the hearing for one day.
Three lawyers tried to reach Li Yongsheng by phone all morning, but Li Yongsheng never answered. Two lawyers went to the court at 11:00 a.m. but they were told that Li Yongsheng was not in. Later the court told the lawyers that Li Yongsheng was in the principal's office, but didn't allow the lawyers to go in. So the lawyers and the defendants' family members decided to negotiate with the court in the afternoon.
Ms. Liu and Ms. Wu were tried at 2:00 p.m., but the lawyers and defendants' family members were not even aware of it. When the lawyers arrived at the courthouse, the trial was half over.
Ms. Liu would not cooperate with the court. She stated, “Our lawyers are not here, so we should not have the hearing.” She didn't answer any questions from the prosecutor.
The prosecutor said, “Your lawyers aren't coming.”
Ms. Liu said, “I don't believe you. I am sure that the lawyers will appear.” At that moment, the two lawyers appeared in the courtroom.
Ms. Liu asked the lawyers why they were late. Lawyer Zhao explained that the plane lawyer Chu was on could not land because of bad weather, the flight had just arrived, and that he would arrive shortly. The judge said that they would wait for half an hour and then continue. Lawyer Chu arrived within half an hour. Lawyer Jiang asked first, “Have you already started the trial?”
The judge said, “Let's not focus on that. Let's just carry on.”
When the prosecutor accused Ms. Liu of violating Law 300 of the Constitution, she indicated that she didn't know what that law was and hoped that the prosecutor would tell her. The prosecutor became furious and said, “I will not repeat it. Ask your lawyer to do it for you.” The judge simply let the prosecutor continue.
Both the judge and prosecutor were very arrogant. They didn't allow the defendants or their lawyers to speak. The judge gave the lawyer a warning when he pointed out that the trial didn't comply with the law. The lawyer had no choice but to be silent.
Another lawyer wanted to speak so he raised his hand, but the prosecutor pretended that he didn't see it. Ms. Liu had to say, “My lawyer wanted to speak, so I cannot answer your question.” The prosecutor replied that it was up to the judge to make the decision.
Lawyers Angrily Retire from the Trial
Under these trying circumstances, the three defense lawyers decided to retire from the proceedings. Lawyer Zhao said to the prosecutor, “You are just playing your own game. The video recorded what you did today. I'll sue you because you are not fair and impartial.” The lawyers filed indictments with the Intermediate Court and Municipal Procuratorate Petition Section after leaving the trial.
The trial continued for about half an hour after the lawyers left. It ended after Cai Yongxiao, the prosecutor, recommended that the court sentence both defendants to from 8 to 10 years.
