(Minghui.org) As a matter of course, under persecution in China, Falun Gong practitioners are detained illegally and their imprisonment is often extended without regard to the rule of law. Case in point, Mr. Li Dequan's illegal sentence has been extended for another nine months.
After much interference from the authorities, Mr. Li's attorney applied for a “change of compulsory measures” according to the “Criminal Procedure Law” and demanded his client's release.
Overseer of Detention Center Interfered with Lawful Attorney-Client Meeting
When Attorney Tang Tianhao attempted to visit his client Mr. Li, Detention Center Overseer Zhu Baolin deliberately made things difficult. When Mr. Tang arrived at the detention center on July 7, Zhu claimed that the attorney did not have a license to practice. Mr. Tang pointed out that his license was renewed in 2013 and was valid until May 31, 2015.
Zhu then contended that the attorney had not filled out the correct paperwork, that the letter of introduction for meeting clients should be on Form 8, not Form 5. In fact, a law firm's stamp on the letter of introduction is sufficient. A woman in the administrative unit finally assisted Mr. Tang in meeting his client.
Officers of the Court Conspire to Prevent Attorney from Carrying Out His Duty
When Mr. Tang learned that the Changyi Court had not delivered the notice to postpone his client's hearing, the attorney rushed to the court to see case officer Li Jianshan. A court officer told him that Li Jianshan was at the detention center, while court president Liu Guangbin claimed that Li Jianshan was in Changchun for a seminar.
As Mr. Tang stood there, two other people were admitted to see the case officer, which indicated that court personnel had lied and the case officer was there. Mr. Tang returned to his office and prepared an “Application to Change Compulsory Measures,” and submitted it to the Changyi Court the next day.
Attorney Tang's application to change compulsory measures:
“When I met with Mr. Li Dequan on July 7, 2014, as his defense counsel, I realized that the court had not delivered the notice to postpone the hearing to him. According to Article 202 of the Criminal Procedure Law, 'The People's Court should have tried to deliver, and made a decision within two months of indictment, no later than three months...'
“If this is the case, then the allowed trial period of this case expired in mid-May 2014, and it is now extended detention, with the absence of a situation allowed by Provision 156 of the 'Criminal Procedure Law.' Moreover, the hearing has not been approved by the Jilin City Intermediate People's Court. This applicant hopes the court will act in accordance with Paragraph 4 of Provision 65 of 'Criminal Procedure Law,' which says 'if the detention period expires before the case is settled, it should release the defendant on bail to await trial.'
“Provision 95 of the Criminal Procedure Law requires that suspects, defendants and their legal representatives, and close relatives or defendants are entitled to apply for change of compulsory measures. The People's Court, People's Procuratorate, or public security departments must decided within three days of receiving the application. The applicant must be informed with an explanation if the change is rejected. I hereby apply for change of compulsory measures so that Mr. Li Dequan may be released on bail.”
Background information
Mr. Li and his brother have been repeatedly persecuted for their practice of Falun Gong. (See Brothers Arrested for Persisting in Their Belief in Falun Gong.) They were again arrested on October 17, 2013, with over 30 other Falun Gong practitioners. For details, see report: Court Officials in Jilin City Attempt to Prevent Attorneys from Representing Local Practitioners.
Partial list of parties responsible for persecuting Mr. Li Dequan:
Wang Yutang ( 王玉堂), dean of Changyi District Court: +86-13304400071 (Cell), +86-432-62404701 (Office)Liu Guangbin ( 刘广滨), president of Changyi District Court: +86-432-62404709Fu Wenzhong (付文忠), case officer of Changyi District Court (for Deng Xiaobo)Shan Lianhong ( 单莲红), case officer of Changyi District Court (for Li Dexiang): +86-432-62404780Li Jianshan ( 厉建山), case officer of Changyi District Court (for Li Dequan)
