Veteran Sentenced to 3.5 Years for Suing Former Dictator
(Minghui.org) A Jilin City veteran was tried without legal representation on the charges of filing a criminal complaint against former Chinese dictator Jiang Zemin for initiating the persecution of Falun Gong.
Mr. Bai He was given 3.5 years in prison two months later, on August 5 of this year. Only then did his family and lawyer find out details of his trial. They are now contemplating to appeal the unjust sentence.
Lawyer Denied Right to Represent Mr. Bai
Mr. Bai has been repeatedly arrested for refusing to renounce Falun Gong since the persecution began in July 1999. He sought justice against Jiang in May 2015, only to be arrested two months later.
Mr. Bai’s lawyer submitted an application to Fengman District Court requesting to represent him in the trial. The court, however, demanded the following documents:
1.) Paperwork issued by the domestic security office in the lawyer’s city proving the lawyer himself was not a Falun Gong practitioner;
2.) Paperwork from the lawyer’s law firm proving he was allowed to take Mr. Bai’s case;
3.) Paperwork from the judicial bureau in the lawyer’s city approving of his request to represent Mr. Bai; and
4.) The lawyer’s written guarantee to never enter a not-guilty plea for Mr. Bai.
The lawyer declined to seek above paperwork as no law stipulates the submission of such documents in order to establish lawyer-client relationships. He protested the court’s violation of legal procedures, to no avail.
Supposedly “Open” Trial Held Secretly
The court held a trial of Mr. Bai on June 1, 2016, without informing his family or lawyer. The judge announced a guilty verdict against Mr. Bai on August 5.
His family and lawyer realized that the sentencing had no legal basis after they read through the verdict.
First of all, the verdict falsely claimed that Mr. Bai was tried in an open trial when in fact it was held secretly.
Secondly, the verdict read that Mr. Bai was sentenced because he spread “illegal propaganda promoting Falun Gong.”
The prosecution evidence pointed to his lawsuit against a former Chinese leader. The verdict also said Mr. Bai helped another practitioner upload her copy of lawsuit against Jiang Zemin to Minghui.org.
The lawyer argued that no law in China criminalizes Falun Gong so it was his client’s constitutional right to seek justice against Jiang for infringing upon his freedom of belief. The allegation of illegal propaganda thus failed to stand.
Lastly, the verdict claimed that Mr. Bai’s lawsuit undermined law enforcement. The lawyer argued that Mr. Bai’s criminal complaint against Jiang caused no harm to anyone, let alone undermine law enforcement. In addition, the verdict failed to specify how Mr. Bai “sabotaged law enforcement.”
The lawyer is helping Mr. Bai’s family seek justice for him.
Mr. Bai Is One of Many Sentenced for Suing Jiang
Mr. Bai is not the only local Falun Gong practitioner targeted for their lawsuits against Jiang. In 2015 alone, 19 practitioners in Jilin City were given 2-8 years for suing Jiang.
The first few months of 2016 witnessed five more practitioners sentenced to prison for the same reason. In addition to Mr. Bai, Ms. Wang Wenjun has also been sentenced to prison. It has been confirmed that she has been transferred to Jilin Province Women’s Prison.
Yang Mingyan, Xing Chunrong, Xing Chunyan, and Fu Junjuan were all sentenced to probation, but the exact verdicts remain to be investigated.
Lei Xiuxiang and Liang Baofan have been tried and are awaiting verdicts.
Jiang Zemin, as head of the CCP, overrode other Politburo standing committee members and launched the violent suppression of Falun Gong in July 1999.
The persecution has led to the deaths of many Falun Gong practitioners over the past 17 years. More have been tortured for their belief, and even killed for their organs. Jiang is directly responsible for the inception and continuation of the brutal persecution.
Under his personal direction, the CCP established an extralegal security organ, the 610 Office, on June 10, 1999. This organization overrides the police and the judicial system in carrying out Jiang's policy regarding Falun Gong: to ruin their reputations, cut off their financial resources, and destroy them physically.
Chinese law now allows for citizens to be plaintiffs in criminal cases, and many practitioners are exercising this right to file criminal complaints against the former dictator.
Related Reports:Jilin Veteran Informed of Intended Prison Sentence Before Trial Is Even Scheduled Jilin City: 7 Dead, 19 Sentenced, and 14 in Judicial Proceedings in 2015 for Their Belief in Falun Gong