Practitioner's Family Sues Officials For His Five-Year Prison Sentence
(Minghui.org) Mr. Liang Jianjun, an acclaimed teacher at Lechang City Vocational School in Guangdong Province, was arrested on May 25, 2017, for practicing Falun Gong, a spiritual discipline being persecuted by the Chinese communist regime. He was sentenced to five years in prison on December 26, 2017.
His wife, Ms. Cao Liping, is trying to file criminal complaints against Lechang police, prosecutors, and the judge for arresting, indicting, and sentencing her husband without legal basis. The police and procuratorate deferred her to the local Political and Legal Affairs Committee, a non-judicial agency tasked with eradicating Falun Gong. In the meantime, the intermediate court and procuratorate suggested that she file an appeal first.
Ms. Cao went to the Lechang City Police Department to request her husband's release. Li Weizhong, the captain of the domestic security team, said, “I’m just a low-level officer. How can I have the authority to let him go? You have to see Secretary Huang Xuebin of the Political and Legal Affairs Committee.”
Ms. Cao went to Lechang City Procuratorate's appeals office to file a criminal complaint against Qiu Huihua, the criminal court’s presiding judge; Li Weizhong, the domestic security captain; and Yang Huihong and Qiu Weijing, both procuratorate officials.
Ms. Liu at the office refused her filing and said, “I can tell you unequivocally that we are not in charge of your case. You need to appeal to the Political and Legal Affairs Committee.”
Ms. Cao then sent her lawsuit by courier to the Shaoguan Intermediate Procuratorate and Intermediate Court.
In response, Ms. Wang from the intermediate procuratorate telephoned her and asked, “Are you suing Qiu Weijing of Lechang City Procuratorate?”
Ms. Cao: “Yes.”
Ms. Wang: “You are making a false accusation.”
Ms. Cao: “No. I have plenty evidence to prove he violated the law. Practicing Falun Gong does not violate the law and is protected by the Constitution.”
Ms. Wang's attitude improved, and she said, “You should put off the criminal complaints and first appeal the local court's conviction and sentencing.”
Ms. Cao later went to the appeals office of Shaoguan Intermediate Procuratorate, where she was received by three male officials. She told them, “The domestic security captain Li Weizhong led his group in plainclothes and arrested my husband Liang Jianjun from his school in May 2017.
“They took him back home and ransacked our home without any warrants or legal documents. Then, they took my husband to the detention center and have detained him ever since. Now the court has sentenced him to five years in prison without legal justification. That is why I am suing Li Weizhong and other officials involved.”
Upon realizing that the case was about a Falun Gong practitioner, they said harshly, “The government has already forbidden the practice of Falun Gong. The police can choose not to wear uniforms under special circumstances.”
Ms. Cao responded, “When the police don't wear uniforms or produce a warrant or legal documents, how can we tell whether they are government officials or gangsters? How can 'special circumstances' be the excuse for criminal behavior? I am suing them according to the law.”
After a short pause, the officials asked, “What was the legal basis on which the local court gave him five years?”
She replied, “Article 300 of the Criminal Law.”
They took out a thick book and started reading Article 300. Afterwards, Ms. Cao asked them whether Falun Gong was specified in the law.
The officials said, “It’s indeed not found anywhere, but the government has determined and announced the nature of Falun Gong. It is not rare that the law does not state it specifically.” However, they missed the basic rule in law that there shall be no incrimination without an express and specific legal provision.
Ms. Cao continued to reason with them. “In November 2017, our lawyers from Beijing and Guangzhou defended my husband in court with sound logic and evidence. The public prosecutor Qiu Weijing could not provide the legal grounds on which to charge him.
“My husband's practice of Falun Gong is protected by Article 36 of the Constitution and did not cause any harm to anyone or the society in general. Furthermore, the General Administration of Press and Publication abolished its ban on publishing Falun Gong books in March 2011. Yet, the presiding judge Qiu Huihua convicted and sentenced him using Article 300 of the Criminal Law.”
One of the officials paused and eventually said, “Falun Gong was determined by the government to be an evil cult.”
Ms. Cao responded, “The government actually did not. Rather, Jiang Zemin (a former head of the Communist Party) announced that. How can one person's word be interpreted as the law? We filed our complaints against the responsible officials according to the law. Also, the government has established many new regulations, like holding public servants responsible for their actions for life.
“I thought about bringing the lawsuit when they arrested my husband. But I was hoping they would be willing to listen to us telling them about Falun Gong. Now, over half a year has passed, and they still convicted and sentenced him. That is why I want to file the lawsuit now.”
One of the officials said, “It might be too early for you to sue the judge since you can still appeal the case to the higher court. As for the domestic security captain, you can complain to a higher level, which is the Shaoguan Police Department.”
As Ms. Cao continued to talk about Falun Gong, an official surnamed Guo slammed his water cup onto the table, suddenly stood up, and shouted, “Are you lecturing us now? If you keep promoting Falun Gong, we can arrest you.”
A relative who accompanied Ms. Cao smiled and said, “Please don't be offended. We are not here to argue or debate. Her husband is a teacher and is well-liked and respected by his peers and students. He practiced Falun Gong and did not harm anyone. He conducted himself according to the principle of Truthfulness-Compassion-Forbearance but was sentenced to prison. She is really worried.”
The officials calmed down. One of them who had been silent said, “He has no ill intentions and was just reminding you not to talk about Falun Gong.”
Ms. Cao and her relatives thanked the officials and left. They went to the Shaoguan Intermediate Court afterward.
Mr. Zhang of the intermediate court’s appeals office told them, “It’s too early to sue the judge. As the intermediate court, if we refused the case or upheld the original sentencing, your complaint would be valid.”