(Minghui.org) Ms. Qiao Naran, from Wangying Village, Ziwen Township, Anping County, Hengshui City, was tried on January 29, 2019. Her lawyer repudiated all allegations by the prosecutor and plead not guilty.
Evidence Discredited
The judge asked Ms. Qiao, “Do you know why you were arrested? Do you know what crimes you have committed?” Ms. Qiao replied, “No, I don't. I don't know why I was arrested at a food market and detained.”
The prosecutor claimed that the police found a computer, booklets containing Falun Gong information, an incense burner, incense, and pendants in Ms. Qiao’s home. The lawyer asked Ms. Qiao, “Did the police go to your home?” She answered, “Yes, they did.” The lawyer asked, “Did you see them?” She said, “No, I didn't see them. I heard from my neighbors that the police smashed the lock to gain entry into my home.”
Ms. Qiao's lawyer asked the prosecutor whether Ms. Qiao was at home when the police arrived. The prosecutor claimed she was at home and there was a video to prove it. The lawyer asked for the video to be shown. The prosecutor said that it had been lost. The lawyer asked if the police had a search warrant when they raided Ms. Qiao's home. The answer was no.
Ms. Qiao's lawyer stated that anything obtained in the absence of the accused party and without a search warrant cannot be used as evidence.
The prosecutor said that there were Falun Gong posters on electric poles and Falun Gong materials being distributed in the area. Her family was the only family that practiced Falun Gong in the village. The lawyer then asked, “Have you conducted a door to door survey to prove that Ms. Qiao's family is the only one practicing Falun Gong? Do you have a witness to prove that Ms. Qiao distributed the materials?” The prosecutor answered no to both questions.
The prosecutor also claimed that someone had reported Ms. Qiao's activities. The lawyer asked the prosecutor whether he knew where the informer was. When the prosecutor answered no, the lawyer asked whether that person's phone number was on record. Again the prosecutor answered no. The lawyer said that such an unsubstantiated report about Ms. Qiao could not be used as evidence.
No Law Criminalizes Falun Gong
Ms. Qiao was charged with committing a crime based on Article 300 of the criminal law, which reads, “Using a cult organization to undermine or sabotage law enforcement.”
Her lawyer asked, “What was this organization? What was Ms. Qiao's status in the organization? What was her title? Specifically how was the sabotage accomplished?” The prosecutor gave no answers to any of these questions. The lawyer later asked if the prosecutor had anything to add. The prosecutor replied no.
Ms. Qiao’s lawyer pointed out that there was no law in China that criminalizes Falun Gong. Ms. Qiao’s practice of Falun Gong was a matter of belief, and ideology or belief does not constitute a crime.
Slandering Falun Gong by calling it a cult was a personal statement by Jiang Zemin, and commentaries published by the People’s Daily. Jiang Zemin’s remarks and the commentaries in the newspaper cannot be cited as legal supposition of a crime, or as a judicial interpretation.
Illegality of Court Proceedings
During the entire trial, the judge interrupted Ms. Qiao's lawyer several times, but he insisted on completing his entire defense of Ms. Qiao. In the end, the prosecutor recommended that the judge sentence Ms. Qiao from three to five years in prison, even though he hadn't provided any evidence that Ms. Qiao had committed a crime.
Her lawyer demanded acquittal given Ms. Qiao's innocence.
When the court officials said that Ms. Qiao was guilty, Ms. Qiao said that she was not guilty of any crime, and it was the officers from the police department who smashed her door who were guilty.
Finally, the judge asked Ms. Qiao what else she had to say. She replied, “I practice Falun Gong to be a good person and haven't committed any crime.”
Liu Binjie, director of the General Administration of Press, issued Order No. 50 of the administration, which publicly abolished two documents which had prohibited the publication of Falun Gong books. Ownership of Falun Gong books and materials is therefore in compliance with the law.
Ms. Qiao reminded the court officials: “You all understand the law and should, by all means, stop going down this path. You will ruin yourselves. I hope you all choose a better future.” A court official named Lu Xilian interrupted Ms. Qiao and said, “You are only allowed to talk about yourself.”
The whole process lasted a little more than an hour. Over a dozen of Ms. Qiao's family and friends tried to attend the hearing but were removed from the courtroom by the court official, Lu Xilian. Ms. Qiao's mother was the only one allowed to attend the hearing. Lu also rejected the lawyer's request for two other people to be present at the hearing.
Past Arrest and Harassment
Ms. Qiao has been harassed by Sun Yihe, head of the Domestic Security Division of Anping County since 2012. She was arrested in February 2013 and detained until her family paid 19,000 yuan, in addition to the cost of meals and other incarceration expenses.
Sun Yihe and others broke into her home after forcing the door lock in the winter of 2013. They confiscated a computer and other personal belongings.
To avoid further arrest by Sun Yihe, Ms. Qiao was displaced for more than five years. Her husband, son, and younger brother were subsequently arrested and taken to the police station. The police tried to coerce her family into revealing Ms. Qiao's location and turn her in.
Ms. Qiao disappeared after she left the factory where she worked on December 31, 2018. Her family was advised by the Anping County police that Ms. Qiao had been arrested, and taken to the Hengshui Detention Center.
Related reports:
http://en.minghui.org/html/articles/2014/3/6/145714.html
http://www.minghui.org/mh/articles/2019/1/15/河北省衡水市安平县乔娜然被非法抓捕-380420.html (Chinese only)
