(Clearwisdom.net) Ms. Li Hua, 45, worked at the Xi'an Power Capacitor Factory. She passed out copies of Minghui Weekly newsletters and greeting cards with the words "Falun Gong" to other workers, for which she was illegally sentenced to one year of forced labor. She is being held at the Shaanxi Province Women's Labor Camp.
On July 15, 2005, while at work, personnel from the Security Division called Li Hua into the office. She was told she was being investigated because she gave copies of the Minghui Weekly and six greeting cards with the words "Falun Gong" to other workers. Later, the factory security officers worked in tandem with officers from Taoyuan Road Police Station and Lianhu District National Security Division. They took Li Hua to the Switch Factory Hotel where they interrogated her for an entire night.
The next day they ransacked Li Hua's home but couldn't find anything Falun Gong-related. On July 16, 2005 they sent Li Hua to the Lianhu District Detention Center. One month later, authorities from the Xi'an Forced Labor Camp sentenced Li Hua to one year of forced labor.
The Minghui Weekly content is public information and everyone has the right to read it.
On September 20, 2005, Li Hua's family asked attorney Zhang Jiankang to appeal for Li Hua.
On October 2, 2005, attorney Zhang Jiankang went to the labor camp and met with Li Hua for the first time. Li Hua agreed to file a lawsuit.
On November 2, 2005, attorney Zhang Jiankang went to the labor camp again to complete some legal proceedings, but the authorities made up excuses and refused to let him meet with Li Hua.
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Attachment:
Lawsuit
Plaintiff: Ms. Li Hua, 45 years old, employee at Xi'an City Power Capacitor
Factory, currently held at the Shaanxi Province Women's Labor Camp
Defendant: Xi'an City Labor Reeducation Administration Committee
Legal representative:
Address: West Street, Xi'an City
Telephone number:
Purpose of appeal: The defendant should rescind its unlawful decision and
protect the plaintiff's personal freedom and freedom of belief in accordance
with the law.
Facts and Reasons:
On July 13, 2005, the plaintiff passed along several copies of the Minghui Weekly, which is published online and accessible to all and also handed six greeting cards with the words "Falun Gong" to other employees in the workshop. The factory security officials learned about this and confiscated the Minghui Weekly newsletters. They also ransacked the plaintiff's home but couldn't find any incriminating evidence.
Because of this incident, the plaintiff was first interrogated at the Taoyuan Road Police Station. Then she was held under criminal detention at the Lianhu Police Department. On August 11, 2005, Xi'an City Labor Reeducation Administration Committee personnel issued Decision No. 1410 pertaining to Reeducation Through Labor, based on the plaintiff's public distribution of Falun Gong truth clarification materials. The decision states that the plaintiff is sentenced to one year of forced labor, from July 16, 2005 until July 14, 2006.
The plaintiff asserts she did not commit any illegal act by distributing Falun Gong truth clarification materials. If she did not violate any law, she did not commit any crimes. The defendants arbitrarily accuse the plaintiff of "using an x cult organization to disrupt the administration of law." What factual and/or legal evidence do they have to support this charge? Since July 22, 1999, not even one judicial organ, legal agency/bureau or administrative institution in Mainland China has labeled Falun Gong as an "x cult." Upon which law does the Committee base its charge? Moreover, the plaintiff and other Falun Gong practitioners only get together because they share a common belief and spiritual pursuit. They are free to come and go as they wish, and they are never under coercion to believe in anything. They don't have an administrative body or hierarchy, so they don't even constitute an organization. How can the defendant label Falun Gong an "x cult organization?"
Regarding the charge "disrupting the administration of law" - would the plaintiff's action truly result in disruption of the administration of law? No! If clarifying the truth is disrupting the law, would public lies uphold the administration of law? The plaintiff has basic freedom of speech and freedom of belief, which is protected by the Constitution of China, and no organization (regardless of its nature) or individual (regardless of his/her government rank) is allowed to deprive the plaintiff of her rights. If the defendants thinks the plaintiff's printed information does not reflect the truth, the defendant is free to present what they think is factual and repudiate the plaintiff. Instead, they mobilized the government machinery against a citizen who clarifies the truth, and they have abused the resources of the state to persecute an innocent citizen who exercises her freedom of belief. Who is it that disrupts the administration of law [in this case]?
Based on the above findings of fact, the plaintiff thinks the administrative punishment issued by the Committee lacks factual and legal grounds, therefore the plaintiff requests the People's Court to rescind this unlawful decision and restore the plaintiff's personal freedom and freedom of belief.
