Lawyer Demands Ms. Kong Hongyun's Release
(Minghui.org) On September 3, 2014, the Xinshi District Court of Baoding City, Hebei Province, tried Falun Gong practitioner Ms. Kong Hongyun at the Baoding City Detention Center for a third time. The case was retuned to the police department due to lack of evidence and the absence of the witness. Based on the New Code of Criminal Procedure, Ms. Kong's lawyer demanded her unconditional release.
She was tried previously on February 12 and June 11, 2014. Due to insufficient evidence, both trials were adjourned. The New City District Procuratorate twice applied for a postponement and returned the case to the police department.
At the third trial on September 3, the Xinshi District Procuratorate prosecutor didn't present any new findings, just re-stated the evidence from the previous trials. Ms. Kong's lawyer disputed the police fabrications. Because there was no witness present, an investigator from the police department pretended to be one, but Ms. Kong's lawyer's quickly established that he was not, so he was not allowed to testify.
Ms. Kong's lawyer said, “According to Article 268 of the New Code of Criminal Procedure, investigations on any withdrawn case before re-trial must be completed within one month, and they are limited to two times. If the procuratorate deems the evidence is insufficient or does not meet the conditions to merit prosecution, the case can be dropped.”
The lawyer pointed out that, since the procuratorate had returned the case to the police department twice for more evidence, which was not forthcoming, and that no witness was present to testify, Ms. Kong should be released.
Ms. Kong's lawyer also reminded the judge, “Article 399 of the Criminal Law states that any judge who attempts to prosecute the knowingly innocent or protects the knowingly guilty or wrongfully rules against the innocent will be subjected to five years imprisonment or criminal detention. If the infraction is more serious, a longer term such as 10 or more years imprisonment would apply. Given the circumstances in this case, ruling against Ms. Kong's release would constitute a criminal offense. ”
No one argued with the lawyer's reasoning, but the judge returned the case to the police again.
A Brief Account of the Persecution of Ms. Kong
Ms. Kong Hongyun, 43, a medical professional, came from Baoding City. She started practicing Falun Gong in 2006. Since the Chinese Communist Party began persecuting Falun Gong in 1999, Ms. Kong has repeatedly been arrested, detained, and sentenced to jail. She's been tormented both physically and mentally.
Due to threats and intimidation by the local 610 Office, Ms. Kong's employer let her go. To support her and her family, she made a humble living selling pancakes and breakfast to people on the street.
On January 4, 2014, Ms. Kong was reported and arrested for distributing Shen Yun DVDs. After she was taken to a detention center, she went on a hunger strike in protest. She was beaten, handcuffed, force-fed, and given drugs that damage the central nervous system. As a result, she became mentally disordered.
When Ms. Kong was tried on February 12, 2014, in the Xinshi District Court, her lawyer said that all the police interrogation transcripts were fabricated.
The trial was adjourned due to insufficient evidence. On June 11, 2014, the Xinshi District Procuratorate applied to have the trial postponed, and the case was returned to police department for more evidence.
People and Departments Involved in the Trial:
Liu Jianping (刘建平), director of the Xinshi District 610 OfficeLing Yingkui (凌英魁), captain of the Xinshi District Police Department: +86-312-3110119, +86-13932281666(Cell)Lu Wusuo(卢五锁), captain of Domestic Security Division: +86-13333122522(Cell)Zhao Bingshan (赵炳山), chief procurator of the Xinshi District Procuratorate: +86-312-3131699, +86-13803121866(Cell)Gao Yuzhu (高玉柱), section chief of the prosecution section: +86-13931228622(Cell)Wang Lan (female, 王岚), prosecutorWang Kejian (王克俭), chief judge of the Xinshi District Court: +86-312-3321088, +86-312-3013660, +13700322466(Cell), +86-312-5024188(Home)Zhao Jie (赵杰), presiding judgeLi Qiang (李强), presiding judgeJia Can (贾粲), court clerk