Ms. Jing Huiling Illegally Detained, Authorities Violate Criminal Procedure Law
(Minghui.org) Ms. Jing Huiling has been illegally detained in Pi County Detention Center, Chengdu City for over one year for practicing Falun Gong. Moreover, in handling her case, authorities ignored time limitations and included unlawfully obtained personal items as so-called evidence.
Ms. Jing Huiling, 44, is from Nanbu County, Nanchong City. She is a self-employed business owner working in Chengdu City. On June 21, 2016, police from Sanwayao Police Station and others from the neighborhood committee tricked her into opening her door. They entered her home without presenting their IDs or a search warrant, ransacked her home, and confiscated Falun Gong books, a cell phone, a computer, and other personal items.
Ms. Jing's father and brother heard the news and went to her home to find out what happened. They were arrested and detained until midnight. Ms. Jing was also arrested. Her arrest was approved by the Procuratorate on June 28, 2016.
Police Forge Evidence to Create a Case Against Her
When Ms. Jing's case was initially submitted to Gaoxin District Procuratorate, it was returned to the police station due to insufficient evidence.
The local 610 Office designated her case as a major case. Under its direction, the local police station used Ms. Jing's child's cell phone and computer, as well as electronic equipment used at Ms. Jing's business, as evidence. An old computer belonging to the landlord was also collected as evidence.
Time Period for Examination and Prosecution Exceeded
Ms. Jing's case was transferred to the Gaoxin District Court on March 17, 2017, nearly 10 months after Ms. Jing's arrest in June 2016. According to China's Criminal Procedure Law, the time period for examination and prosecution cannot exceed seven months. During this period, Ms. Jing was held in the detention center. Thus her detention exceeded the legal time limit.
Court Exceeds Time Limit for Establishing a Trial
Article 202 in Chinese Criminal Procedure Law states that the case should be accepted and announced within two months, and no later than three months.
Ms. Jing's case was transferred to the court three months ago (March 17, 2017). Yet her case information is still not in the court system, and no trial date has been announced. Xie Gang, the judge in charge of her case, told her family that the case is in the middle of its legal proceeding.