April 10, 2016 | By Ta Shan
(Minghui.org) After reading recent reports on the Chinese Minghui website, there seems indication that many Chinese legal professionals are changing their stance on Falun Gong and are no longer strictly following the Chinese Communist Party’s (CCP) policy on persecuting Falun Gong practitioners. Several recent instances are listed below.
Case Re-Opens for New Trial
Falun Gong practitioners Zhou Xiangyang and Li Shanshan from Tianjin were tried and sentenced by the Dongli District People’s Court. Their lawyers and families filed a lawsuit against the judge for violating legal procedures during the trial. The court then decided to hold a new trial.
Such an occurrence usually wouldn’t have happened in the past. According to analysts, there could be two reasons for the new trial. First, the judge is afraid of being held accountable for his violation of legal procedure. Second, those who participated in the first trial are trying to show that they are following the rule of law, making the case that they should not be held accountable for prior legal violations when the persecution of Falun Gong ends and perpetrators are brought to justice.
Procuratorate Returns Filed Case
Falun Gong practitioners Gao Jianping, Wei Ningju and Wu Jinlan were arrested by officers from the Litong District Domestic Security Division in Wuzhong City, Ningxia Autonomous Region, on November 10, 2015, because they filed a lawsuit against Jiang Zemin, the former head of the CCP who launched the brutal persecution. The case was sent to the Procuratorate, but was twice returned to the Domestic Security Division.
Prosecutor: “I Hope the Case Will Be Dealt with Leniently”
Falun Gong practitioner Mr. Zhang Jinsheng’s case underwent a second hearing at the Gucheng County Court of Hengshui, Hebei Province. The charge was the usual boilerplate “using a cult for sabotaging implementation of law.” The defense lawyer refuted the charges and pointed out that Mr. Zhang had been tortured by the police.
The prosecutor took out the Falun Gong CD that Mr. Zhang had distributed as “evidence.” Mr. Zhang requested that it be played in the court. The judge consented. The prosecutor didn’t want to allow the CD to be played, but had to follow the judge’s order. The content of the CD included articles such as “Bring Jiang to Justice,” “Global Trial of Jiang Zemin,” a letter to Qu Hongjun and an article titled “Disintegrate Party Culture.”
Mr. Zhang’s lawyer argued that the content on the CD proved that Mr. Zhang was not guilty of any criminal activity, and only showed Falun Gong practitioners’ compassion for the Chinese people.
When the judge asked the prosecutor if he had anything to add, the prosecutor replied, “Nothing to add. I hope the case will be dealt with leniently.”
Judge Does Not Uphold Verdict
Falun Gong practitioner Ms. Cai Suping’s case was heard for the third time at the Industrial Park Court of Suzhou, Jiangsu Province, on March 25. Ms. Cai’s lawyer argued that she was innocent. The judge finally read a verdict, announcing an 8-month prison term, and then notified Ms. Cai’s husband that he could take her home on April 7.
Court Refuses to Try Practitioner
A practitioner was recently released after the local court refused to try her for exposing the persecution of Falun Gong.
Ms. Li Meiling, a Falun Gong practitioner from Houma City, Shanxi Province, was arrested on September 25, 2015, while distributing information about the persecution. The local Procuratorate issued a formal arrest warrant on October 30 and forwarded her case to the local court.
The court, however, declined to prosecute Ms. Li. The local judicial bureau also showed no interest in getting involved.
The police had no choice but to issue Ms. Li a retroactive six-month detention, and released her on March 25, 2016.
Category: Opinion & Perspective