(Minghui.org) The Second Criminal Court of the Handan City Middle Court in Hebei Province put Falun Gong practitioner Ms. Wang Aiying on trial for the third time at 9:00 a.m. on August 29, 2013. Many people asked why, since most cases usually have only one or two trials. Why is Wang Aiying's case so special that it needs to be tried three times?
Details About Wang Aiying's Case
Falun Gong practitioners Mr. Wang Hongliang and Ms. Wang Aiying, husband and wife, from Wuan City, Hebei Province, were illegally arrested on the morning of June 1, 2011, by officers from the local Chengguan Police Station and agents from the 610 Office and Domestic Security Division, and their home was ransacked. The Wuan City Procuratorate later filed charges against the couple, and the Wuan City Court tried them.
Judge Cheng Jianguo of the First Criminal Court of the Wuan City Court sentenced Mr. and Ms. Wang in February 2012, without notifying their attorney or family members. Wang Hongliang's family members did not know of the sentencing until they called the court and talked to the judge on March 2, 2012. The judge told them that he had sentenced Ms. Wang Hongliang to three years in prison, and Wang Aiying to four years in prison. Judge Cheng Jianguo said over the phone, “Don't bother me. You should go to the police station, or go to the Handan City Court.”
None of China's laws state that practicing Falun Gong is illegal. The Wuan City Count fabricated a charge to illegally sentence Mr. and Ms. Wang. The couple appealed to the Handan City Middle Court. The Handan City Middle Court determined in September 2012 that the lower court's finding was not based on substantial evidence, and returned it to the Second Criminal Court of the Wuan City Court for retrial.
The Wuan City Court had to release Wang Hongliang on the afternoon of February 2, 2013, due to lack of evidence as well as pressure from the community. However, Chinese Communist Party (CCP) personnel still detained Wang Aiying and fabricated new evidence to retry her.
The Wuan City Court tried Ms. Wang for the second time on March 1, 2013. Prosecutor Yu Weiping read the statement of charges and then showed the so-called “new evidence.” Wang Aiying's defense attorney, Wang Quanzhang, pointed out that the new evidence actually proved that Wang Aiying was innocent. Prosecutor Yu Weiping then left the courtroom and did not return.
On March 18, 2013, the Wuan City Court nonetheless sentenced Wang Aiying to three years in prison. Ms. Wang's family then had their attorney appeal to the next higher level of authority. As a result of their appeal, the Handan City Court decided to hold a third trial for Wang Aiying on August 29, 2013.
Wuan City Court Illegally Sentences Mr. and Mrs. Wang Without Any Legal Evidence
After Wang Aiying's case was exposed on the Minghui website, her plight received much attention from people overseas. The couple's case is typical of how the CCP uses the judicial system to persecute Falun Gong practitioners.
The Wuan City Court illegally sentenced the couple, without any legal evidence against them. In fact, since October 1999, the CCP judicial system has mainly used administrative notices such as “Notice of Public Security Department,” “Notice of Civil Affairs Department,” “Judicial Interpretation I,” and “Judicial Interpretation II” to charge and sentence Falun Gong practitioners. However, the two notifications and interpretations are not procedures based on laws passed by the National People's Congress. These are administrative procedures created by the CCP to carry out persecution of a targeted group of people.
Under the Chinese Constitution, the judicial system does not have any authority to sentence Falun Gong practitioners, as freedom of belief is a constitutionally protected right, and Falun Gong has never been declared illegal. The judicial system, under the CCP, therefore resorts to illegal administrative procedures to further the persecution.
CCP Undermines Law Enforcement
For the past 14 years, the CCP has used the Politics and Law Committee and the 610 Office to control the police around the country, using them as tools in the persecution of Falun Gong. The CCP has also controlled the different levels of courts to illegally sentence Falun Gong practitioners, ostensibly under Item 300 of the Criminal Code, which is the so-called crime of "Using a cult to undermine law enforcement." However, the CCP-controlled courts have never able to explain how Falun Gong “undermines law enforcement.”
In fact, all charges leveled, and the sentencing of Falun Gong practitioners are decided in advance by the 610 Offices and the Politics and Law Committees. The court trials are merely formalities to deceive the public, with judges at all levels acting as CCP minions.
The Wuan City Court's first and second trials of Wang Aiying showed how the court was controlled by the CCP to publicly persecute Falun Gong practitioners. The judge and the prosecutor could not identify which law enforcement agency was undermined by Wang Aiying. The CCP controls judicial system personnel to twist the law and frame practitioners.
The CCP has, for the past 14 years, used the media to brainwash the public and incite people's opinions against Falun Gong. The CCP has also controlled the judicial system to persecute Falun Gong. The CCP has always used the judicial system as a tool to crack down on anyone they wished to persecute.
Judicial System Personnel Poised to Become CCP Scapegoats
The CCP Politics and Law Committee issued an official “guidance” on August 12, 2013: “Judicial System Officials Needs to Be Responsible for the Quality of the Case for the Life of the Case.” Those familiar with the CCP's history see that the CCP is again looking for scapegoats.
For the past 14 years, those directly involved have clearly known that all the cases brought against Falun Gong practitioners are fabricated and framed. The CCP is now on the edge of collapse and cannot maintain the persecution. Therefore, it is trying to blame all the crimes committed in the persecution on the judicial system personnel – even though they have been directly controlled by the CCP throughout the persecution.
In the “guidance,” the CCP issued the language that it will use to blame its crimes on the judicial system:
“Establish accountability for the courts, judges, prosecutors and police to be consistent with the law in discharging their authority and responsibilities during the handling of cases. Judges, prosecutors and police investigators will be responsible for the quality of a case for the life of the case within the scope of their powers. Make clear the standards to classify a case as unjust, feigned, or wronged. Set up and strengthen procedures for correcting judicial misconduct in cases. The methods of torture for confession, using violence to collect evidence, hiding evidence, and fabricating evidence will be pursued and punished severely according to law.”
This notice clearly shows that as soon as the CCP believes it needs to do so for its survival, it will completely abandon the personnel in the judicial system who followed its orders to persecute Falun Gong practitioners.
A History of Scapegoats
After each the CCP's previous waves of terror, a scapegoat was found, and used to extricate the CCP from blame after committing so many horrific crimes. For example, after the Cultural Revolution ended, the once powerful Beijing City Police Department Chief Liu Chuanxin became the first scapegoat and was killed, with the CCP stating that he had “committed suicide for his crimes.” Furthermore, 793 police officers and 17 military officials who had actively followed the CCP's policies were sent to Yunnan Province where they were secretly executed. The CCP then sent their family members notices of “death while enforcing public affairs.”
The CCP places itself above the law. It plays with the country's constitution, laws, and judicial system as if they were toys. The CCP recently introduced another so-called "Guidance in preventing wronged and misjudged cases," to gear up for using the judicial system personnel as scapegoats. Meanwhile, the CCP is still using the judicial system to persecute Falun Gong practitioners.
For past 14 years, the main culprits in the persecution of Falun Gong, Jiang Zemin and other high-ranking officials who launched and executed the persecution, have been accused of torture, genocide, and crimes against humanity in more than 30 countries around the world. They will soon face the judgment of the world's people.
Wang Aiying's case has lasted for two years, and taken many turns. She has been retried three times because higher courts have resisted. This is another sign that the CCP is losing power, and it can no longer sustain the persecution of Falun Gong.
