Once Imprisoned for 3 Years, Henan Woman Prosecuted Again for Her Faith
(Minghui.org) A 48-year-old woman in Xuchang City was tried on charges of “violating Article 300 of the Criminal Law,” which stipulates that those using a cult organization to undermine enforcement of the law should be prosecuted to the fullest extent possible.
Ms. Feng Jianhua was arrested on November 20, 2017. Police targeted her after receiving a report that she gave two people two pamphlets and three DVDs containing information about Falun Gong.
Falun Gong is a spiritual discipline based on the principles of Truthfulness-Compassion-Forbearance. It has been persecuted by the Chinese communist regime since July 1999.
Ms. Feng had been repeatedly arrested prior to her latest arrest. She was once given one year of forced labor and imprisoned for three years for her faith. She filed a criminal complaint in August 2015 against former Chinese dictator Jiang Zemin for initiating the persecution of Falun Gong. She was detained for two weeks as a result.
Judge Guoyan of Weidu District Court tried Ms. Feng at Yulin Detention Center on April 13, 2018. Only four of Ms. Feng's family members were allowed to attend the trial.
Prosecutor Luo Linlin cited Article 300 as the legal basis for charging Ms. Feng.
Ms. Feng's lawyer pointed out that since the People’s Congress (China’s legislative body) has never enacted a law deeming Falun Gong a cult, Jiang Zemin directed the Supreme People’s Court and the Supreme People’s Procuratorate to issue a statutory interpretation of Article 300 in November 1999, which required that anyone practicing or promoting Falun Gong be prosecuted.
A new statutory interpretation that replaced the 1999 version took effect on February 1, 2017. The new interpretation made no mention of Falun Gong and emphasized that any indictment against anyone engaging in a cult must be based on solid legal grounds. Since no law in China labels Falun Gong a cult, the indictment against Ms. Feng lacks legal basis.
The lawyer further argued that it was his client's constitutional right to distribute information about Falun Gong and that she caused no harm to anyone, much less undermine law enforcement. He demanded his client's acquittal.
Judge Guo adjourned the hearing without issuing a verdict. Ms. Feng remains at the detention center.