Mr. Hu Biao, 64, is a retired employee from Gulin County Family Planning Bureau in Guizhou Province. Several agents from the Domestic Security Division of Gulin County Police Department arrested him on March 30th, 2009. Gulin County Court officials tried him on November 19th that year. Mr. Hu is currently imprisoned at the Gulin County Detention Centre. Below is his written statement, refuting the charges filed against him.
1. People Who Practise Falun Gong Have Committed No Crimes
A group of people from the Domestic Security Division of the Gulin County Police Department ransacked my home and arrested me on March 30th, 2009, but they didn’t issue a legal arrest warrant until April 15th, 2009.
Gulin County Court officials tried me on November 18th, 2009. Even though I had two lawyers defending me with a “not guilty plea,” court officials still sentenced me to four and half years without any legal grounds. I appealed with the Luzhou Intermediate Court. The original verdict was upheld.
I strongly oppose the verdict.
The Chinese Constitution stipulates that all citizens have the right to freedom of belief. It is my right to believe in and cultivate according to Truthfulness-Compassion-Forbearance. No one can take away my right to practise Falun Gong, nor can any political party or authorities attack or coerce me into abandoning my belief.
We follow Truthfulness-Compassion-Forbearance to cultivate ourselves and strive to become better people. This is not wrong and does not violate any law.
During the past ten years of persecution, we [practitioners of Falun Gong] have never ceased trying to explain to the Chinese people about the persecution and about Falun Gong. We kindly ask everyone to remember that Falun Gong is good and advise them to not participate in the persecution. We also work hard to send the message to those in the legal and judicial departments that persecuting Falun Gong is a real crime. We hope the employees in those organisations do not ruin themselves and their families. We want nothing but good things for other people.
The persecution of Falun Gong has received more and more attention and stronger opposition from the international community. A Spanish National Court charged the five prime offenders—Jiang Zemin, [former leader of China and instigator of the persecution], Luo Gan, Bo Xilai, Jia Qingling, and Wu Guanzheng—with the crimes of genocide and torture on November 19th, 2009. Internationally, over 50 lawsuits have been initiated against Jiang Zemin and his accomplices, including Luo Gan, Zhou Yongkang and Bo Xilai. The United Nations has received cases on the torture deaths and abuse of Falun Gong practitioners every year during the past few years and is paying great attention to the plight of practitioners.
An independent report about rampant organ harvesting from living Falun Gong practitioners was published in November 2009. The report is entitled, “Bloody Harvest.”
A few Chinese lawyers are now courageous enough to defend Falun Gong practitioners who enter “not guilty” pleas. Many people working in judicial, legal and police departments have awakened to the truth. They have issued solemn statements to repent their past evil deeds and express their willingness to stop persecuting. By doing so, we believe they are choosing a bright future for themselves and for their families.
There is nothing wrong with our efforts to expose evil acts and the people committing them. We should not be imprisoned, nor should we be tried.
2. Chinese Courts Charge Falun Gong Practitioners with Non-Existent Crimes
In order to send Falun Gong practitioners to labour camps or prisons, the courts usually charge them with “utilising a cult to sabotage law enforcement.” I was so charged and am no exception. I wonder what kind of cult I made use of, and which law I violated, and to what extent?
During my trial, my two lawyers and I requested that the public prosecutor present any legal evidence he could find to substantiate his allegation that Falun Gong is a cult. He couldn’t produce anything. The truth is that no Chinese law has ever prohibited the cultivation of Falun Gong, or ever named Falun Gong a cult. Our practice of Falun Gong is in full compliance with the law. The crime the court charged me with is simply a fabrication, and is itself a form of persecution.
3. A Document Issued by the Supreme People’s Court and Supreme People’s Procuratorate Is Not Law
The court indicated in its verdict that the crime of “utilising a cult to sabotage law enforcement” is based on a document issued jointly by the Supreme People’s Court and Supreme People’s Procuratorate in October 1999, shortly after the persecution of Falun Gong began.
It is well known that the People’s Congress is the only legislative body that can make laws. Any documents issued by the Supreme People’s Court and Supreme People’s Procuratorate have no legal grounds to stand on. It is illegal for the courts to use such a document as justification for their sentencing of Falun Gong practitioners. I absolutely refuse to acknowledge the crime I am charged with.
4. Police Fabricate Evidence against Me
I do not own a laptop, and the police didn’t find any in their raid at my home. They, however, produced a doctored photo, showing I had a laptop. I have never known how to use a computer, but the police found a “witness” who claimed I taught him to use one. The court officials threatened me into signing the paperwork, saying that they would otherwise give me a heavy sentence. I firmly protest such fabrications against me.
5. Stop the Persecution, and Right the Wrong
During the trial, my lawyers pointed out repeatedly that the verdict should be based on legal grounds. They asked to be given evidence of the existence of any law that could prove that practising Falun Gong is illegal. The court failed to present any legal evidence. The trial was indeed illegal.
Numerous Falun Gong practitioners have been arrested since July 1999. At least 7,000 of them were sent to labour camps or prisons. Such injustice against practitioners is the result of the above-mentioned single document issued by the Supreme People’s Court and Supreme People’s Procuratorate.
My lawyers declared, “There is no law stipulating that one cannot practise Falun Gong.” Article Three of the Criminal Law states, “No punishment of people not convicted of crimes.” It is against the law that Gulin County Court and Luzhou Intermediate Court officials sentenced me without any legal grounds. Their verdicts have no effect. I demand that they void the sentence and release me unconditionally. I hope that those in the legal and judicial departments uphold the dignity of the law, protect citizens’ rights, and stop persecuting Falun Gong.
Chinese version available at http://minghui.org/mh/articles/2010/7/21/227315.html
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