(Clearwisdom.net)
Time: 10:00 a.m. -11:00 a.m. October 21, 2005
Place: Courtroom, Longgang District Court, Shenzhen City, Guangdong Province
Case: Manipulation of the state machinery to illegally try Falun Gong practitioners
People involved:
- Ms. Liu Yu, Falun Gong practitioner, former Wenhui Newspaper reporter
- Mr. Sun Jiefeng, Falun Gong practitioner, former Jieyang City Museum guide, repeatedly suffered from the persecution
- Dai Yixian, public prosecutor in the trumped-up case against Liu Yu and Sun Jiefeng, in the Longgang District Court in Shenzhen City
- Xu Guang, judge in the Longgang District Court in Shenzhen City and chief judge in the case
- Zhang Huacheng and Guo Juan, two jurors
- Lin Fei, clerk
- Spectators, about 20
The Longgang District is one of the remote districts in Shenzhen City. It has done its utmost to persecute Falun Gong practitioners. Persons in the Longgang District Court have committed numerous crimes by illegally putting practitioners on trial. The following incident is an eyewitness account of the trial proceedings of practitioners Liu Yu and Sun Jiefeng:
At 10:00 a.m., October 21, 2005, practitioners Liu Yu and Sun Jiefeng who had been illegally detained for seven months, suddenly were taken to the courtroom, located on the first floor of the Longgang Courthouse.
The persecutors had already arranged everything. Public Court Prosecutor Dai Yixian, Chief Judge Xu Guang and the jury, consisting of Zhang Huacheng and Guo Juan were already seated and waiting for the two practitioners. The handcuffed Liu Yu and Sun Jie, who wore short sleeves and thin clothing, walked boldly into the courtroom, with heads held high and stern righteousness on their thin faces.
When the two sat down in the "defendant" seats, the court police unlocked one side of the handcuffs on one of their hands but left the handcuffs dangling from the other hand.
Judge Xu Guang first simply described the trial procedure and publicized some notices. Prosecutor Dai Yixian stated the trumped-up charges and then asked Ms. Liu Yu whether she had anything to say.
Liu Yu held her own appeal letter and started with the following words, "I believe the charge by the Public Prosecutor Dai Yixian is like the wicked perpetrator complaining first." The perpetrators were all shocked to hear these words. Then Liu Yu started to read her letter of appeal. Without any pauses, she talked about how Falun Gong improves people's health, raises people's moral standard and stabilizes the society. When she talked about the current situation in which Falun Gong, which teaches people to be good, is suffering from enormous injustice, her voice rang out loudly. During Ms. Liu's self defense, Xu Guang tried several times to stop her or ask her to speak lower. Liu Yu continued to validate Dafa in the court with righteousness and reason. In one of the most brilliant paragraphs, she directly struck the key point of the persecutors. She held a copy of the "Criminal Law of the People's Republic of China" and told Prosecutor Dai Yixian that in the Criminal Law there is no such crime as "destroying law enforcement" as stated in the indictment against her. She said to Dai Yixian that the name of the crime is not supposed to be modified, not even by deleting or adding one word. Ms. Liu opened the "Criminal Law" and read Section 300 word for word, "... disrupting state law..." She pointed out to Dai Yixian, "Why has the crime of 'disrupting state law' been changed to 'disrupting law' in your statement? Can I ask you, what is the 'law' in your prosecution statement - the one you made, or the one in your family? It is not the 'state law'!"
Dai Yixian was dumbstruck and speechless at Liu Yu's petitioning and questioning. However, with a voice like a mosquito, he still followed the pre-arranged procedure to describe the so-called the "crime evidence," such as Falun Gong books and small cards with the words of "Truthfulness-Compassion-Forbearance" having been found in Liu Yu's home. Liu Yu immediately asked the judge to publicly read the contents of the so-called evidence and tell people how the materials, which teach people to be kind and to improve their health, can be related to any crimes. The evildoing persons were afraid to read the materials publicly.
When describing the so-called criminal evidence, Dai Yixian said there were witnesses. Ms. Liu Yu said she didn't know any of those witnesses and asked the judge to call the witnesses forward for a confrontation. The evildoing persons were afraid to do so as well.
When practitioner Mr. Sun Jiefeng started to appeal for himself, he first pointed out that some basic facts in the prosecution statement were made up or were outright wrong. Hearing what he said, Chief Judge Xu Guang immediately modified or deleted some content in the illegal prosecution statement, right in the courtroom.
Then Sun Jiefeng validated Dafa in the court and pointed out the illegality of persecuting Falun Gong from the basis of law.
He said, "As everyone knows, the National People's Congress controls Chinese law. Even to this day, the National People's Congress and its standing committee have never classified Falun Gong as an evil religion and have never held a public hearing on the Falun Gong issue. Therefore, it is illegal and an abuse of power for anyone or any organizations to make any irresponsible statements on Falun Gong. Persecuting Falun Gong is illegal and is a corruption of state law. The law of "Decision of the Standing Committee of the National People's Congress on Banning Heretical Cult Organizations, Preventing and Punishing Cult Activities" ("the Decision" in short) that passed on October 30, 1999 never mentioned Falun Gong at all. Therefore, "the Decision" has no relationship with Falun Gong and cannot be used to be as a foundation to persecute Falun Gong."
Mr. Sun asked them to stop the persecution of Falun Gong and not to use the name of "People's Congress" to deceive the public.
Sun Jiefeng kept asking the perpetrators during the proceedings to show the effective state law section specific to Falun Gong. Since they couldn't show this, he asked to immediately be released and have his good name restored. He also declared that he would sue the Longgang Police Branch for violating citizens' freedom and the right of freedom. The people in that court were astonished.
As a final statement, both of the practitioners called for a stop to the persecution of Falun Dafa and asked to be immediately released. Liu Yu said, "If heaven commits a crime one may survive; but if one commits a crime out of his own free will, one may not survive." Sun Jiefeng called out loudly, "Falun Dafa is a great thing for the state and the people!"
The two practitioners stated their case in court with reason and based on a solid understanding of the law. Their assertive manner absolutely overpowered those evildoing persons and made them speechless. Therefore, just about half an hour later, Judge Xu Guang stated, "Court is adjourned for today and will resume tomorrow."
The two simple petition statements were handed to Judge Xu Guang through the court police. The reasoning, mighty power and exposure from the two practitioners made Judge Xu Guang feel at the end of his wits.
That half-hour in court is a historical moment that deeply shook the evildoers and frightened them. Liu Yu later said, "That was one of the most difficult but rewarding moments of my life."
Soon after the court session, Liu Yu and Sun Jiefeng were put back into the Longgang Detention Center. However, their noble spirit and penetrating and powerful speech inspired everyone in the court. Even Dai Yixian, one of the prosecutors, had to admit that they were very eloquent.
It is reported that several practitioners who were brought to trial in 2005 all did very well in the court and made the perpetrators speechless and frightened. One of them, practitioner Su Ji, who was about 50 years old and originates from Anhui Province, had two trials. He exposed the evildoers and validated Dafa in both trials. It is heard that he has been sentenced three years in prison by Chief Judge Peng Peng.
Attachment: Briefing on the persecution of Liu Yu and Sun Jiefeng in Longgang District, Shenzhen City
On March 30, 2005, instigated by Shenzhen Police Department agents, police from the Longgang Police Branch and from the Bujiluogang Police Station broke into Liu Yu's home. Sun Jiefeng was illegally arrested in Liu Yu's home. Liu Yu was later arrested as well. They suffered from vicious verbal and physical abuse by plain-clothes police officer Liu (given name not known) and were sent to the Bujiluogang Police Station. At around 1:00 a.m. on March 31, 2005, the two practitioners were sent to the Longgang Detention Center and were illegally held there.
Liu Yu held a nine-day protest hunger strike in the detention center. The police from the detention center, from the Longgang Police Branch as well as the doctors in the detention center joined together and subjected her to several sessions of savage force-feeding.
Liu Yu later wrote a letter of appeal and a "before death letter" to expose the evildoing persons.
On April 28, 2005, Longgang Judicature Court officially announced the arrests of Liu Yu and Sun Jiefeng.
On June 21, Prosecutor Dai Yixian from the Longgang District Judicature Court came to the Longgang Detention Center to conduct a so-called investigation.
On September 28, Prosecutor Dai Yixian illegally charged Liu Yu and Sun Jiefeng. Even when the court summoned them, they were not allowed to see the notice for criminal trial because the notice listed the names of the chief judge, jurors and clerk.
On October 21, 2005, the Longgang District brought Liu Yu and Sun Jiefeng to the courtroom for a trial. Being unable to continue further proceedings and being speechless because they had no law on which to base their case on, Judge Xu Guang recessed the court until the next day, as already mentioned above. But, the trial never resumed.
Between December 2005 and January 2006, Sun Jiefeng and Liu Yu each prepared the pertinent appeal statements for the second trial session and handed them in to Judge Xu Guang.
On January 23, 2006, Sun Jiefeng, who had been held in the Longgang Detention Center for nearly ten months, was released and declared innocent for lack of evidence.
Liu Yu is still being held in the Longgang Detention Center.
February 24, 2006
