Lawyers in China Cannot Defend Falun Gong Practitioners

According to an article published on the Minghui website (the Chinese version
of Clearwisdom) on February 23, 2007, the Pudong New District Court of the Chinese
Communist Party (CCP) in Shanghai illegally
Hong Kong practitioner Ms. Zeng Aihua to a 3-year prison term.
The court provided Ms. Zeng's file to the defendant's lawyer only
three days before the trial date, and did not allow the lawyer to discuss the
case with Ms. Zeng prior to the trial. Shanghai National Security and 610
staff were afraid the news of the trial would be exposed. In order
to block anyone from learning of it, they tapped and recorded the lawyer's
mobile phone three days before the trial, up to the day that this article was
first published (five days after). They also interfered with his phone signals,
thus making the media unable to interview the lawyer. The home phone and mobile
phone of Ms. Zeng's family residence in Shanghai had also been tapped secretly.
After the trial, the authorities deliberately made noises on the phones, to
remind her family of the tapping. The wiretapping even involved Ms. Zeng's
in-laws in Fujian Province.

The persecution against Falun Gong not only includes physical torture, but
also includes manipulating the law so that lawyers cannot defend Falun Gong

Lawyers cannot enter innocent pleas

Mr. He Lizhi, a Falun Gong practitioner who was rescued in May 2004 and escaped
to Canada, said: “When I was jailed, my wife found a lawyer for me. Later, the
lawyer told my wife that he could not defend me, because he had been deprived
of his license to practice law. He had entered a plea of innocence for another
Falun Gong practitioner before my case, and after that, he didn't get the
annually renewed lawyer certificate. So, he was not a lawyer anymore.”

Mr. He's wife talked to another lawyer. This lawyer had his business in
Beijing but his family was in his hometown. After the lawyer agreed to defend
Mr. He, the policemen in his hometown went to his house and conducted an investigation
to see if he had any connection with Falun Gong practitioners. Once, the lawyer
met with Mr. He's wife, and she asked him to deliver a letter to Mr. He.
After the meeting, his car was stolen, and the second day, the car was returned.
Nothing in the car was missing, except for the letter from Mr. He's wife.
The lawyer knew that the policemen were spying on him. For his and his family's
safety, he told Mr. He's wife that he was sorry, but he could not defend
Mr. He.

The justice lawyers were persecuted

Lawyers who have spoken out for justice for Falun Gong practitioners have been
persecuted. Mr. Gao Zhicheng, a human rights lawyer, had conducted a series
of investigation into Falun Gong practitioners' cases. He wrote to the
high ranking officers in the CCP three times, and publicized the persecution
of Falun Gong. Because of this, Mr. Gao and his family were under 24-hour surveillance
for 280 days. In August 2006, Mr. Gao was illegally arrested and jailed. His
family was monitored and even beaten by the police when he was jailed. Currently,
Mr. Gao is still being watched tightly by the CCP.

The CCP breaks the law

Chu Wanchi, a human rights lawyer in Taiwan and the Chief Executive of the
Human Rights Lawyers Association in Asia, said: “If the safety and human rights
of a lawyer of Falun Gong practitioners cannot be protected, then how can they
protect the rights of the Falun Gong group? How can they protect the human rights
of the citizens?”

Ms. Chu pointed out that the CCP violates the Chinese Constitution. “The CCP
made the political decision first. Before July 20, 1999, Jiang and his gang
decided to persecute Falun Gong, then, they made some political rules to support
the persecution. Those political rules violate the Fifth Article in the Constitution,
which protects the basic human rights of citizens. So, we don't think those
“rules” are lawful. In October 1999, the National People's Congress passed
the anti-cult law. But even in terms of that law, Falun Gong was not defined
as cult. The truth is that the CCP manipulates the whole national machine, including
the propaganda system, the media, the labor camp system, the military, the education
system and so on, to illegally persecute Falun Gong.”

Having laws doesn't mean a country is under the rule of law

Ms. Chu pointed out that having laws doesn't mean a country is under the
rule of law. She said: ” If there is no justice and fair mechanism to carry
out the laws, and if the laws are used as tools by the tyrants, then the tyrants
can manipulate the laws to persecute the people who have different voices.”

Ms. Chu pointed out that the persecution of Falun Gong is the focus of the
human rights issue in China. She said: “In the 21st century, when speaking of
human rights in China, one must focus on the persecution of Falun Gong. The
reason is simple. Although the CCP has been violating human rights for many
years, and there are so many documents about the CCP's brutality, the documents
concerning the persecution against Falun Gong are the most complete ones. The
proof and evidence of the persecution are considered by the international human
rights community to be the most complete ones. Moreover, the persecution is
still going on.”

Everybody's responsibility

Mr. Chu said: “On December 10, 2006, Pinochet, the former tyrant in Chile,
died before he was brought to trial. Later, Saddam Hussein, another tyrant,
was executed. It is everybody's responsibility to end the CCP's tyrannical

Posting date: 16/Mar/2007
Original article date: 14/Mar/2007
Category: Open Forum


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