Help the Police Understand They Violate the Law by Persecuting Us

(Minghui.org) Six officers from my local police station came to my home in two shifts on the same day in September 2022. They threatened to break in and take me to the police station. I refused to let them in and argued that there is no legal basis for them to persecute me. In the end, they admitted that they themselves had violated the law and left. 

The reason the police harassed me was that a cashier reported me for talking to the customers about Falun Gong while I was shopping in his store. The police tracked me down through the surveillance video. 

When the first three officers came in the morning, one of them ordered me to go with them to the police station for a 10-minute talk. I said I wouldn’t go and closed the security door. At 8 p.m., three more officers came, saying they needed to search my place. I opened the inner door but kept the security door locked. 

When I asked what they wanted, one of them asked if they could come in. 

“We can just talk here,” I replied.

Holding a picture of me, the officer asked, “Did you tell so and so something in that store?”

“Our constitution protects freedom of speech,” I answered. “It is not a big deal.”

I went back in to get an MP3 recorder, paper, and pens. I handed the officers the paper and pens and said, “Please write down your name, phone number, and police ID numbers.”

“If you could open the door, we will explain why we are here,” replied the officer. 

I said, “No. If you came here for a legitimate reason, you three would have no problem writing down your information.” He kept yelling and threatened to break in, but I didn’t budge. 

At 11:30 p.m., they showed up again. Instead of opening the door, I called a friend who lives overseas to call this police station to stop the harassment. The call went through, but the receptionist at the police station did not do anything about it. 

Thinking it over, I realized these police officers had violated the laws, but they did not know it themselves. After discussing it with my overseas friend, we agreed that he would call the police station again and point out that these officers had violated the following laws:

1) Article 245 of Criminal Law: Whoever unlawfully subjects another person to a body search or a search of his residence or unlawfully intrudes into another person's residence shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.2) Article 36 of Constitution: Citizens of the People’s Republic of China shall enjoy freedom of religious belief.3) Article 35 of Constitution: Citizens of the People’s Republic of China shall enjoy freedom of speech, the press, assembly, association, procession and demonstration.

In addition, my friend said he would call 12389 (the hotline for the police ministry) and 12388 (the hotline for discipline inspection and supervision), requesting information disclosure and an administrative review.

My friend called me again the next day. He said the police station had acknowledged the officers had violated the law and advised us to call 110 (the hotline for the police) if it happened again. The police never came back. 

I am sharing this incident in hopes that more practitioners can stand up for their legal rights and oppose the suppression. The pertinent laws include:

Constitution

Article 33: All citizens of the People’s Republic of China are equal before the law. The state shall respect and protect human rights. Every citizen shall enjoy the rights prescribed by the Constitution and the law and must fulfill the obligations prescribed by the Constitution and the law.

Article 35: Citizens of the People’s Republic of China shall enjoy freedom of speech, the press, assembly, association, procession and demonstration.

Article 36: Citizens of the People’s Republic of China shall enjoy freedom of religious belief.

Article 37: The personal freedom of citizens of the People’s Republic of China shall not be violated.

Article 38: The personal dignity of citizens of the People’s Republic of China shall not be violated. It is prohibited to use any means to insult, libel or falsely accuse citizens.

Article 39: The homes of citizens of the People’s Republic of China are inviolable. The unlawful search of or unlawful intrusion into a citizen’s home is prohibited.

Criminal Law

Article 238: Whoever unlawfully detains another person or unlawfully deprives the personal freedom of another person by any other means shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights. If he resorts to battery or humiliation, he shall be given a heavier punishment.

Article 239: Whoever kidnaps another person for the purpose of extorting money or property or kidnaps another person as a hostage shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and also to a fine or confiscation of property; if he causes death to the kidnapped person or kills the kidnapped person, he shall be sentenced to death and also to confiscation of property.

Article 245: Whoever unlawfully subjects another person to a body search or a search of his residence or unlawfully intrudes into another person's residence shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Article 251: Any functionary of a State organ who unlawfully deprives a citizen of his or her freedom of religious belief or infringes upon the customs and habits of an ethnic group, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.

Article 397: Any functionary of a State organ who abuses his power or neglects his duty, thus causing heavy losses to public money or property or the interests of the State and the people, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, except as otherwise specifically provided in this Law

Article 399: Any judicial officer who, bending the law for selfish ends or twisting the law for a favor, subjects to investigation for criminal responsibility a person he knows to be innocent or intentionally protects from investigation for criminal responsibility a person he knows to be guilty or, intentionally running counter to the facts and law, twists the law when rendering judgments or orders in criminal proceedings shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years; if the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years.