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Tuesday, November 25, 2008

A Beijing Lawyer's Defense Letter for the Wife of Persecuted Musician

By Feng Yiran
Epoch Times Staff
Nov 25, 2008
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Xu Na, an award-winning artist, was sentenced to three years in prison on Nov. 25, in Beijing because she practices Falun Gong, a spiritual and meditation practice currently persecuted by the Chinese regime. (The Epoch Times)

The widow of a well-known musician and Falun Gong adherent who died from abuse in police custody in China last February has been sentenced to three years in prison.

Xu Na's was sentenced on Nov. 25, in Beijing, coincidentally on the International Day for the Elimination of Violence Against Women. She was detained earlier for five years due to practicing Falun Gong and she was repeatedly beaten, tortured and force-fed.

Ms. Xu, an award-winning artist, was charged with “using a heretical organization to undermine implementation of the law,” a vague provision in the penal code commonly used to sentence Falun Gong adherents to prison terms of up to 12 years.

Ms. Xu and her husband Yu Zhou, a popular folk-band member, were arrested in January as part of a “pre-Olympics sweep” by Chinese authorities, in which thousands of Falun Gong practitioners and others were arrested in the months leading up to the 2008 Olympic Games in August. Yu Zhou died 11 days after his arrest.

Ms. Xu’s defense lawyer Mr. Cheng Hai had pled not guilty on behalf of Xu Na.

Below is an excerpt of Mr. Cheng’s defense statement to help the public understand the facts and the relevant legal rules regarding Ms. Xu’s case and to offer help to Ms. Xu:

“Chief Judge, judge, and jurors,

My name is Cheng Hai and I am a lawyer from Yitong Law Firm in Beijing City. I’m appointed by defendant Xu Na and her relatives as the defense lawyer for Ms. Xu’s first trial. After researching documents of the case and court investigation, I’m challenging the prosecution with the following defense statements and I would like to ask the panel to please review them when conducting a deliberation.

The accusation from the Chongwen District Procuratorate—“using a heretical organization to undermine implementation of the law,” e.g., spreading cult promotional materials, against the defendant is not based on facts.

The fact presented by the prosecutor in support of the criminal charge against Xu Na is, “At 22:00 p.m. on January 25, 2008, the defendant Xu Na carried with her 53 copies of Falun Gong promotional flyers and 11 copies of Falun Gong promotional CDs and was caught by police while distributing these materials in Chongwen City’s Guoyuanxi Little District, Tongzhou District.” Yet, based on documents presented to the court by the prosecutor, Xu Na’ statements, and cross-examination conducted by the court:

1. The so-called 53 copies of “Falun Gong promotional flyers” are letters which Xu Na was supposed to deliver to Xiang Guilan’s family upon a request by someone. However, Xu Na had no knowledge of the specific contents of the letters or the number of copies.

2. For the so-called 11 copies of “Falun Gong promotional CD’s” carried by Xu Na, the Beijing City Public Security Bureau’s Beijing City Criminal Science and Technology Institute conducted an electronic evidence investigation and concluded that “alleged Falun Gong related data and documents” had been detected, which was mere “allegation” and did not confirm that the contents of the 11 copies of CD’s were indeed Falun Gong promotional materials.

3. Defense lawyer and chief judge Ma together reviewed the 11 copies of CD’s, and also briefly browsed through the 53 copies of letters, and the contents were mostly video recording of a spectacular show, the persecution against Falun Gong followers, number of people who had withdrawn from the Chinese Communist Party (CCP), and suggestions for people to quit the CCP, all of which are within the boundary of freedom of speech granted by our country’s Constitution.

Falun Gong practitioner Yu Zhou and Xu Na. Yu Zhou died as a result of the persecution. (The Epoch Times)

4. The result of the examination of the CD’s and the 53 copies of letters is totally the subjective observation of the examiners and the investigators, which lacks the specific criteria based on the law or examination standard, and therefore should not be established as evidence.

5. For the accusation of Xu Na’s spreading Falun Gong promotional materials, Xu Na delivered the letters to a family member of Xiang Guilan, and therefore accusing her for “distribution” or “spreading” [of Falun Gong promotional materials] is not based on the facts. Accordingly, Xu Na’s action did not include the fact of “spreading” [Falun Gong promotional materials].

The accusation does not have legal basis.

The accusation stated that Xu Na was sentenced previously for making and spreading “Falun Gong” promotional materials. This time she again spread Falun Gong promotional materials. According to Article 300 of Criminal Law, “using a heretical organization to undermine implementation of the law” invokes criminal charges. And as a repeated offender within 5 years, harsh punishment should be implemented. The defense lawyer considered that the accusation did not specify which law enforcement was disturbed by Xu Na. Therefore it is not based on facts, nor does it have legal basis.

The first trial of this case involved over-extended detention, which should be corrected immediately and enforced with strong measures.

According to Article 168 of Criminal Law, “People’s Court should announce a verdict after one month, and no later than one and half month, after accepting a public case. However, since the Chongwen District Procuratorate transferred the case to the esteemed Procuratorate on June 30, 2008, to the court’s hearing on October 17, Xu Na’s detention had been over-extended for one and half month.

The defense lawyer believes, our country should protect freedom of religion. Falun Gong advocates Truthfulness-Compassion-Forbearance and does not pose any danger to society. Falun Gong should be a new, legal religious form, and its followers’ religious activities should be protected by the law.

In summary, the accusation against Xu Na is not based on facts and does not have legal basis.

Regards

Beijing City Chongwen District Court

First trial defense lawyer: Cheng Hai

October 17, 2008”

Monday, November 24, 2008

Chinese newspaper gives new Guns N' Roses album nul points

Guardian.UK: A Chinese newspaper has furiously condemned Guns N' Roses over the title of their latest album - Chinese Democracy - claiming it is an attack on their nation.

The Global Times, which is published by the country's ruling Communist party, ran an article under the headline "American band releases album venomously attacking China" and said it was part of a western plot to "grasp and control the world using democracy as a pawn".

The long-awaited album had been in the pipeline since 1994 and was finally released on Sunday to mixed reviews.

Though it is not thought to be legally on sale in China, Chinese Democracy is being streamed on the band's official MySpace site and can be bought online. China's notorious internet censors were said to be trying to block access to the band's official website earlier today.

The album takes its title from the opening track, which Axl Rose described in 2001 as "not necessarily pro or con about China". He told an audience in Las Vegas: "It's just that right now China symbolises one of the strongest, yet most oppressive countries and governments in the world. And we [Americans] are fortunate to live in a free country."

The song itself refers to the Falun Gong meditation movement, which was banned in 1999. It has been alleged that the Chinese government has been responsible for persecuting and torturing its members.

The Chinese government has not made an official statement about the Guns N' Roses album.

Friday, November 21, 2008

Guns N' Roses' New Album Is Up Against a Chinese Wall

NOVEMBER 22, 2008

The Title Is a Problem for Authorities And Even for Some Shanghai Fans

SHANGHAI (WSJ) -- The heavy metal band Guns N' Roses is roiling China's music scene. But sex, drugs and rock 'n' roll aren't the issue.

The trouble is the name of the group's latest album: "Chinese Democracy."

[Axl Rose]

Axl Rose

It has taken 17 years for the band to produce a new studio record. Now, even before it goes on sale Sunday, in a release heralded by its producers as a "historic moment in rock ' n' roll," the disc is getting the thumbs down from Chinese authorities. It's also causing anxiety among GN'R's legion of loyal fans here, who aren't sure they like what lead singer W. Axl Rose is trying to say about their country.

China's government-owned music-importing monopoly has signaled that local record distributors shouldn't bother ordering the GN'R production. Anything with "democracy" in the name is "not going to work," said an official at the China National Publications Import & Export (Group) Corp., part of the Ministry of Culture.

For fans, the response is more complicated. GN'R developed a major following in China in the late 1980s, when the young Mr. Rose was recording early hit songs like "Welcome to the Jungle." China was in the throes of its own rebellious era, and heavy metal was its protest music. GN'R's popularity soared in the wake of the 1989 Tiananmen Square crackdown on pro-democracy demonstrators. Learning the band's 1991 ballad "Don't Cry" was a rite of passage for a generation of Chinese guitarists.

Chinese Democracy

Listen to a clip of the title track from GN'R's new album and, below, read some of the lyrics.

If they were missionaries
Real-time visionaries
Sitting in a Chinese stew
To view my disinfatuation

I know that I'm a classic case
Watch my disenchanted face
Blame it on the Falun Gong
They've seen the end and it can't hold on now.

When your great wall rocks blame yourself
While their arms reach up for your help
And you're out of time

"It was not only the music, the band's clothes also pushed the craze," says 30-year-old Chen Lei , one of Beijing's best-regarded rock guitarists, who cites GN'R as a primary influence.

GN'R nostalgia remains strong. A program on state-run China Central Television last year ranked "Qiang Hua" (literally, "Guns Flowers"), as the group is known in Chinese, at No. 8 on a list of top rock bands of all time.

Chinese fans eager for news on the Web about the new album sidestep censors by using coded language. Many deliberately scramble the name, typing "Chinese Democraxy" or "Chi Dem." They say they fear that typing the Chinese characters for the title will draw government scrutiny. Still, it's not much challenge to find news about the record on the Web, where even the site www.chinesedemocracy.com is a discussion of GN'R, not politics.

Some fans in China relish how the album discomfits the establishment. "Rock 'n' roll, as a weapon, is an invisible bomb," says one.

Leo Huang, a 25-year-old guitarist, just hopes it will retrace GN'R's roots. "I prefer rock 'n' roll," said the skinny 25-year-old guitarist after a recent gig with his band, the Wildcats, at a hard-rock bar below a Shanghai highway.

Yet, for some fans in this nation of 2.6 billion ears, the new album's title is an irritation. Democracy is a touchy subject in this country. Elections are limited to votes for selected village-level officials, and senior leaders are all chosen in secret within the Communist Party. Many Chinese wish for greater say in their government. But others -- including some rockers -- think too much democracy too quickly could lead to chaos, and they resent foreign efforts to push the issue.

Mr. Chen, the guitarist, says the "Chinese Democracy" album title suggests "they don't understand China well" and are "just trying to stir up publicity."

Some Chinese artists, loath to be branded as democracy campaigners, declined valuable offers to help illustrate the album. "I listened to their music when I was little," says Beijing visual artist Chen Zhuo . He was "very glad" when GN'R asked to buy rights to use his picture of Tiananmen Square rendered as an amusement park -- with Mao Zedong's head near a roller coaster. Then, Mr. Chen looked at lyrics of the album's title song and, after consulting with his lawyer and partner, declined the band's $18,000 offer. "We have to take political risks into account as artists in China," says the 30-year-old.

The new album's title track, already released as a single, begins with eerie, high-pitched noises that sound vaguely like chattering in Chinese. In the song's three verses, Mr. Rose sings of "missionaries," "visionaries" and "sitting in a Chinese stew."

The overall message is unclear, but his most provocative lines aren't. "Blame it on the Falun Gong. They've seen the end and you can't hold on now," Mr. Rose sings. It is a reference to the spiritual movement that Beijing has outlawed as an "illegal cult" and vowed to crush.

Mr. Rose, 46, who is the only remaining original member of GN'R, is rarely interviewed and declined to comment for this article. He picked the new album's name more than a decade ago. In a 1999 television appearance, he discussed the thinking behind it.

"Well, there's a lot of Chinese democracy movements, and it's something that there's a lot of talk about, and it's something that will be nice to see. It could also just be like an ironic statement. I don't know, I just like the sound of it," Mr. Rose said.

Mr. Rose in recent years has visited Chinese cities including Beijing, Shanghai and Xian, and he worries he won't be let back in, says his assistant, Beta Lebeis. "Everything is so controlled," she says.

Chinese authorities in recent years have started letting once-controversial artists perform in the country, but they remain uncomfortable with hard rock. The Rolling Stones played their first China concerts in 2006, but only after bowing to government demands to drop certain songs, including "Brown Sugar," that were considered controversial.

Fresh barriers went up after a Shanghai concert in March by the singer Bjork, who punctuated her song "Declare Independence" with shouts of "Tibet!" Officials thought it sounded like agitation against Beijing's rule of the restive Himalayan region. In new rules issued later, they threatened to hold promoters responsible for performers who violated its laws, "including situations that harm the sovereignty of the country."

One casualty: GN'R promoters in China dropped plans for two shows this year, says Ms. Lebeis.

The Ministry of Culture forbids imports of music that violate any of 10 criteria, including music that publicizes "evil sects" or damages social morality. In reality, many songs make it into China anyway, pirated and via the Internet.

It's unclear how much exposure the new record will get. "I have to say, 'Chinese Democracy' sounds sensitive," says a Beijing radio station's programming chief who doubts it will get much air play.

The title alone makes it "impossible" to imagine the album will be released in China, says Nicreve Lee , a student in northeastern China who runs a Web site called GN'R Online (www.gnronline.cn). He says his first reaction listening to the title track was, "This is an anti-China song." But, he says, "I gradually began to understand what the song wants to say. Perhaps Axl Rose doesn't know China well, but at least he is on the right track."

—Ellen Zhu in Shanghai contributed to this article.

Write to James T. Areddy at james.areddy@wsj.com

UN body criticises China over 'widespread' torture allegations

Published on France 24 (http://www.france24.com/en) 22/11/2008 - 03:40

A UN body has expressed deep concern over allegations of widespread torture in China and called on the country to fully probe rights abuses.

The United Nations Committee Against Torture, meeting in Geneva, also revisited the 1989 Tiananmen Square protests, urging the government to grant reparations and investigate the crackdown.

"The committee remains deeply concerned about the continued allegations, corroborated by numerous Chinese legal sources, of routine and widespread use of torture and ill treatment of suspects in police custody, especially to extract confessions or information to be used in criminal proceedings," it said in a report released Friday.

It hit out at "continued reliance on confessions as a common form of evidence for prosecution, thus creating conditions that may facilitate the use of torture and ill-treatment of suspects," quoting the case of dissident and human rights militant Yang Chunlin.

The committee also criticised China's handling of its relations with the Tibetan Autonomous Region, noting there had been "longstanding reports of torture, beatings, shackling and other abusive treatment, in particular of Tibetan monks and nuns."

No inquiry had been carried out into the arrests, firing on crowds of peaceful demonstrators, torture or cruel, inhumane and degrading treatment during the recent repression in Tibet, the experts noted.

Regarding the Tiananmen Square protests and crackdown, the committee said China "should conduct a full and impartial investigation" of the events.

It added that Chinese authorities should "provide information on the persons who are still detained from that period" as well as "offer apologies and reparation as appropriate and prosecute those found responsible for excessive use of force, torture and other ill treatment."

More generally, the committee pointed to "reports of abuses in custody, including high numbers of deaths... Reeducation through labour for individuals who have never had their case tried in court, nor the possibility of challenging their administrative detention," and secret detention facilities.

The UN experts expressed concern about the fate of Hu Jia, like other human rights backers the victim of harassment and violence committed by thugs who were unofficially recruited by the authorities.

The Committee Against Torture mentioned allegations of removal of organs from members of the Falun Gong sect for transplant. The special UN rapporteur on torture Manfred Nowak was quoted as saying that "an increase in organ transplant operations coincides with the beginning of the persecution of (Falun Gong practitioners)."

The committee was also concerned about the fate of North Korean refugees who were turned back at the border despite the risk that they would be subjected to torture in their own country.

Finally, the committee said it was worried about the conditions of people on death row who were chained day and night and whose organs could be removed for transplant after their death without their prior consent, according to information received by the experts.

Earlier this month, the committee's chief rapporteur Felice Gaer had accused the Chinese of not providing sufficient information.

Chinese foreign ministry spokesman Qin Gang denied this and said earlier this month that "it is China's consistent stance that we oppose torture."

Gaer had said China had been unwilling to release data on individual cases by invoking its State Secrets Act to withhold information.

United Nations calls on China to prosecute organ harvesters

Ottawa, Winnipeg (MWC) - The United Nations Committee against Torture today (21 November 2008) stated that China

"should immediately conduct or commission an independent investigation of the claims that some Falun Gong practitioners have been subjected to torture and used for organ transplants and take measures, as appropriate, to ensure that those responsible for such abuses are prosecuted and punished."

The statement was made in the Committee’s Concluding Observations on the report made by China on compliance with the Convention against Torture. Those observation can be found [here]

"The Government of China should do what the Committee recommends. Failure to conduct or commission an independent investigation on organ harvesting of Falun Gong practitioners would put China in violation of its international obligations under the Convention against Torture, which the Government of China freely signed and ratified", said David Matas, co‑author with David Kilgour on a report of organ harvesting of Falun Gong practitioners

"It is rare for the UN system to call the Government of China to account for its human rights violations. The Committee against Torture must be commended for its willingness to confront directly the very real human rights problems the Government of China has posed to the world", said David kilgour.

The Committee considered the China compliance report in Geneva on November 7 and 10. The Committee had a briefing session on November 6th with non‑governmental representatives which David Matas attended.

The report of David Matas and David Kilgour on organ harvesting of Falun Gong practitioners was released in a first version in July 2006 and in a second version in January 2007. It is available on the internet at: www.organharvestinvestigation.net.

For further information contact:
David Matas 204‑944‑1831
David Kilgour 613‑747‑7854

Falun Gong Consulate Protest Upholds Human Dignity

By Andrea Hayley
Epoch Times Staff
Nov 21, 2008
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Vanoucver Falun Gong
Protesters meditate at the Chinese consulate in Vancouver, Canada. (The Epoch Times)
A familiar sight in Vancouver is the Falun Gong protest outside the Chinese consulate on Granville Street. At the behest of City Hall, a hearing took place in the B.C. Supreme Court recently to determine the fate of the 7-year round-the-clock peaceful appeal. The court has yet to hand down its decision.

This protest site is definitely unique. It is a Vancouver icon by now, a symbol of Canada’s tolerance for human rights. The signs and banners affixed to the consulate fence tell of brutalities that are truly horrifying — brutalities experienced by hundreds of thousands of Falun Gong practitioners incarcerated for their belief in China.

These stories, such as deaths due to force feeding with concentrated salt or human feces and urine, or burning with hot iron rods, or the harvesting of organs from live practitioners for profit, represent exactly the facts that the Chinese authorities do not want the world to know.

This is the reason why the site must remain — it highlights the crimes of the Chinese regime against Falun Gong. Former Chinese dictator Jiang Zemin launched a crackdown in 1999 because he feared the rapid growth of the spiritual practice as it swept China in the 1990s.

Vancouver Falun Gong practitioners have said they plan to continue the appeal until the persecution ends. They want to keep the issue in the public awareness so that lives can be saved, because if they did not keep up their efforts it is likely that nobody would know or care.

Practitioners have always applied for permits with the city, and this case was no different although the method of consent used by the city was different. The city proceeded in a very good way initially, through communication and understanding, without demanding an official permit.

This was evident in an e-mail presented in court that was written by city officials in response to a complaint. The e-mail clearly stated that the protest does not present any obstruction or safety concern but rather represents the freedom of expression of peoples' constitutional right to speak.

On another occasion in 2003, practitioners agreed to reduce the size of the signs at the request of the city, after which the city called to thank them for their cooperation.

With such mutual respect and cooperation, the protest continued for four years without any problem. Then there was a change of heart for whatever reason and the city decided that the site had to go, saying it violated a bylaw.

There is, however, a loophole. This particular bylaw, which prohibits permanent structures on city property, is not applied absolutely — there are exceptions. Structures such as newspaper boxes, bus shelters, hotdog stands and sandwich boards are all granted an exemption by the city.

In light of this, the city has the ability to issue practitioners a permit to continue the appeal until the persecution ends.

While the city has said the protest can continue but without the shelter and with hand-held signs, practitioners say that just won't work for them. They maintain fewer signs is symbolic of a win for those who persecute them, and any further reduction in the size of the signs would make it difficult for passing motorists to read them.

Vancouver practitioners have said that the protest site gives voice to their counterparts in China who have no voice under the totalitarian Chinese regime. It is a symbol of free speech in a free country. If the city were to succeed in removing the site, it would be a terrible loss to us all.

Thursday, November 20, 2008

Falun Dafa Takes Parade Ban to High Court

By Charlotte Cuthbertson & Salina Wang
Epoch Times New Zealand Staff
Nov 19, 2008
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Lawyer Evgeny Orlov exits Auckland
Lawyer Evgeny Orlov exits Auckland's High Court after filing papers on behalf of the Falun Dafa Association of New Zealand, 19 Nov., 2008. (Salina Wang/The Epoch Times)

Falun Dafa's concerns of discrimination in the face of Chinese embassy pressure continue as papers are filed over a Christmas parade ban at Auckland's High Court Nov. 19.

International lawyer and counsel to CCHR (Citizens Commission On Human Rights in New Zealand), Evgeny Orlov, filed the claim on behalf of the Falun Dafa Association of New Zealand against Auckland's Farmers Santa Parade Trust for breaches of the Human Rights Act and the Bill of Rights Act.

The Santa Parade Trust continues its ban on Falun Dafa and its Divine Land Marching Band in New Zealand's largest Christmas parade, citing the group is political.

Mr. Orlov said the Trust is mistaken.

“The Falun Gong is not a political organisation, it is a spiritual, religious movement. The only thing that makes them political is that their members are being tortured in China, and killed, and their body organs sold worldwide. That's not their politics, it's the politics of the Chinese government,” he said.

“Let's say that a Buddhist Tibetan monk can participate in the parade, but just because Tibet is being invaded by China doesn't mean he can't. The essence is that he's a Buddhist Tibetan monk—the same as them—their essence is that they're Falun Gong, which is a spiritual, qigong-style movement.” Mr. Orlov said.

Falun Dafa Association of New Zealand president, John Yu, said the group have applied to enter the Santa parade since 2001 and have been denied every year.

“I think the fundamental reason behind the case is the pressure and propaganda from Chinese Communist Party,” he said. “Falun Gong is following truthfulness, compassion and tolerance, and it is good for everyone in the world. People will benefit from learning the principles.”

He said the recent milk powder scandal and other incidents have alerted New Zealanders to the nature of the Chinese Communist Party.

“We can see the Chinese Communist Party is very anti-humanity; people in China don’t have freedom of expression and freedom of belief.”

Falun Gong practitioner Kerry Gore speaks to the media outside Auckland
Falun Gong practitioner Kerry Gore speaks to the media outside Auckland's High Court, 19 Nov., 2008 (Salina Wang/The Epoch Times)

“We hope they [the Trust] can make the right decision.”

Falun Dafa practitioner and band member Kerry Gore participated in the Wellington Christmas parade last weekend and said the public response was “very encouraging”.

“No there is no political content. We want to display the beauty and dignity of Falun Dafa and traditional Chinese culture—that is what this is all about—it has nothing whatsoever to do with politics, not at all.”

Michael Barnett, chairman of the Santa Parade Board and Auckland's Chamber of Commerce chief executive told TV3, "There is no way that I will allow any politically-motivated group to capture a children's Christmas parade in Auckland." The Trust intends to oppose the court proceedings.

Longtime proponent of Falun Dafa's inclusion into the Santa parade event, Auckland City Councillor Cathy Casey, has suggested political and trade motivations with China are behind the ban.

“It is a political objection, they [the Trust] might call it something else, but I'm in no doubt about it.

From the correspondence in the past I've had with Michael Barnett is that he sees the Falun Dafa organisation as political and some threat to China and trade relationships between China and New Zealand. And I think he gets all his hats mixed up. He gets his Santa hat mixed up with his Chamber of Commerce hat.”

The Auckland City Council contributes approximately $130,000 annually to the Parade Trust.

Mr. Orlov suggests the Santa Parade Trust are putting human rights below their own political motives towards China.

“The reason, the secret reason is that they don't want to offend China—that was stated in emails,” he said.

An initial hearing will be held next week and the claimants are hoping for a result before the Santa Parade on Sunday 30 November.

Sunday, November 16, 2008

China's Gruesome Organ Harvest

The whole world isn't watching. Why not?
By Ethan Gutmann, The Weekly Standard
11/24/2008, Volume 014, Issue 10

Bangkok
The jeepney driver sizes us up the minute we climb in. My research assistant is a healthy, young Israeli dude, so I must be the one with the money. He addresses his broken English to me: "Girl?"

No. No girls. Take us to the .  .  .

"Ladyboy? Kickboxer?"

No. No ladyboy, no kickboxer, thanks. I may be a paunchy, sweaty, middle-aged white guy, but I'm here to--well, actually, I am on my way to meet a Chinese woman in a back alley. She is going to tell me intimate stories of humiliation, torture, and abuse. And the truly shameful part is that after 50 or so interviews with refugees from Chinese labor camps, I won't even be listening that closely. I'm in Bangkok because practitioners of Falun Gong, the Buddhist revival movement outlawed by Beijing, tend to head south when they escape from China. Those without passports make their way through Burma on motorcycles and back roads. Some have been questioned by U.N. case workers, but few have been interviewed by the press, even though, emerging from Chinese labor camps, they are eager, even desperate, to tell their stories. With the back-alley Chinese woman, I intend to direct my questions away from what she'll want to talk about--persecution and spirituality--to something she will barely remember, a seemingly innocuous part of her experience: a needle jab, some poking around the abdomen, an X-ray, a urine sample--medical tests consistent with assessment of prisoners for organ harvesting.

My line of inquiry began in a Montreal community center over a year ago, listening to a heavy-set middle-aged Chinese man named Wang Xiaohua, a soft-spoken ordinary guy except for the purple discoloration that extends down his forehead.

He recalled a scene: About 20 male Falun Gong practitioners were standing before the empty winter fields, flanked by two armed escorts. Instead of leading them out to dig up rocks and spread fertilizer, the police had rounded them up for some sort of excursion. It almost felt like a holiday. Wang had never seen most of the prisoners' faces before. Here in Yunnan Forced Labor Camp No. 2, Falun Gong detainees were carefully kept to a minority in each cell so that the hardened criminals could work them over.

Practitioners of Falun Gong were forbidden to communicate openly. Yet as the guards motioned for them to begin walking, Wang felt the group fall into step like a gentle migrating herd. He looked down at the red earth, streaked with straw and human waste, to the barren mountains on the horizon. Whatever lay ahead, Wang knew they were not afraid.

After 20 minutes, he saw a large gleaming structure in the distance--maybe it was a hospital, Wang thought. The summer of 2001 had been brutal in South China. After he'd worked for months in the burning sun, Wang's shaved head had become deeply infected. Perhaps it was getting a little better. Or perhaps he had just become used to it; lately he only noticed the warm, rancid stench of his rotting scalp when he woke up.

Wang broke the silence, asking one of the police guards if that was the camp hospital ahead. The guard responded evenly: "You know, we care so much about you. So we are taking you to get a physical. Look how well the party treats you. Normally, this kind of thing never happens in a labor camp."

Inside the facility, the practitioners lined up and, one by one, had a large blood sample drawn. Then a urine sample, electrocardiogram, abdominal X-ray, and eye exam. When Wang pointed to his head, the doctor mumbled something about it being normal and motioned for the next patient. Walking back to camp, the prisoners felt relieved, even a tad cocky, about the whole thing. In spite of all the torture they had endured and the brutal conditions, even the government would be forced to see that practitioners of Falun Gong were healthy.

They never did learn the results of any of those medical tests, Wang says, a little smile suddenly breaking through. He can't help it. He survived.

I spoke with Wang in 2007, just one out of over 100 interviews for a book on the clash between Falun Gong and the Chinese state. Wang's story is not new. Two prominent Canadian human rights attorneys, David Kilgour and David Matas, outlined his case and many others in their "Report into Allegations of Organ Harvesting of Falun Gong Practitioners in China," published and posted on the web in 2006.

By interviewing Wang, I was tipping my hat to the extensive research already done by others. I was not expecting to see Wang's pattern repeated as my interviews progressed, nor did I expect to find that organ harvesting had spread beyond Falun Gong. I was wrong.

Falun Gong became wildly popular in China during the late 1990s. For various reasons--perhaps because the membership of this movement was larger than that of the Chinese Communist party (and intersected with it), or because the legacy of Tiananmen was unresolved, or because 70 million people suddenly seemed to be looking for a way into heaven (other than money)--the party decided to eliminate it. In 1998, the party quietly canceled the business licenses of people who practiced Falun Gong. In 1999 came mass arrests, seizure of assets, and torture. Then, starting in 2000, as the movement responded by becoming more openly activist, demonstrating at Tiananmen and hijacking television signals on the mainland, the death toll started to climb, reaching approximately 3,000 confirmed deaths by torture, execution, and neglect by 2005.

At any given time, 100,000 Falun Gong practitioners were said to be somewhere in the Chinese penal system. Like most numbers coming out of China, these were crude estimates, further rendered unreliable by the chatter of claim and counterclaim. But one point is beyond dispute: The repression of Falun Gong spun out of control. Arrests, sentencing, and whatever took place in the detention centers, psychiatric institutions, and labor camps were not following any established legal procedure or restraint. As an act of passive resistance, or simply to avoid trouble for their families, many Falun Gong began withholding their names from the police, identifying themselves simply as "practitioner" or "Dafa disciple." When asked for their home province, they would say "the universe." For these, the nameless ones, whose families had no way of tracing them or agitating on their behalf, there may be no records at all.

In early 2006, the first charges of large-scale harvesting--surgical removal of organs while the prisoners were still alive, though of course the procedure killed them--of Falun Gong emerged from Northeast China. The charges set off a quiet storm in the human rights community. Yet the charge was not far-fetched.

Harry Wu, a Chinese dissident who established the Laogai Foundation, had already produced reams of evidence that the state, after executing criminals formally sentenced to death, was selling their kidneys, livers, corneas, and other body parts to Chinese and foreigners, anyone who could pay the price. The practice started in the mid-1980s. By the mid-1990s, with the use of anti-tissue- rejection drugs pioneered by China, the business had progressed. Mobile organ-harvesting vans run by the armed services were routinely parked just outside the killing grounds to ensure that the military hospitals got first pick. This wasn't top secret. I spoke with a former Chinese police officer, a simple man from the countryside, who said that, as a favor to a condemned man's friend, he had popped open the back of such a van and unzipped the body bag. The corpse's chest had been picked clean.

Taiwanese doctors who arranged for patients to receive transplants on the mainland claim that there was no oversight of the system, no central Chinese database of organs and medical histories of donors, no red tape to diminish medical profits. So the real question was, at $62,000 for a fresh kidney, why would Chinese hospitals waste any body they could get their hands on?

Yet what initially drew most fire from skeptics was the claim that organs were being harvested from people before they died. For all the Falun Gong theatrics, this claim was not so outlandish either. Any medical expert knows that a recipient is far less likely to reject a live organ; and any transplant dealer will confirm that buyers will pay more for one. Until recently, high volume Chinese transplant centers openly advertised the use of live donors on their websites.

It helps that brain death is not legally recognized in China; only when the heart stops beating is the patient actually considered dead. That means doctors can shoot a prisoner in the head, as it were, surgically, then remove the organs before the heart stops beating. Or they can administer anesthesia, remove the organs, and when the operation is nearing completion introduce a heart- stopping drug--the latest method. Either way, the prisoner has been executed, and harvesting is just fun along the way. In fact, according to doctors I have spoken to recently, all well versed in current mainland practices, live-organ harvesting of death-row prisoners in the course of execution is routine.

The real problem was that the charges came from Falun Gong--always the unplanned child of the dissident community. Unlike the Tiananmen student leaders and other Chinese prisoners of conscience who had settled into Western exile, Falun Gong marched to a distinctly Chinese drum. With its roots in a spiritual tradition from the Chinese heartland, Falun Gong would never have built a version of the Statue of Liberty and paraded it around for CNN. Indeed, to Western observers, Falun Gong public relations carried some of the uncouthness of Communist party culture: a perception that practitioners tended to exaggerate, to create torture tableaux straight out of a Cultural Revolution opera, to spout slogans rather than facts.

For various reasons, some valid, some shameful, the credibility of persecuted refugees has often been doubted in the West. In 1939, a British Foreign Office official, politely speaking for the majority, described the Jews as not, perhaps, entirely reliable witnesses. During the Great Leap Forward, emaciated refugees from the mainland poured into Hong Kong, yammering about deserted villages and cannibalism. Sober Western journalists ignored these accounts as subjective and biased.

The yammering of a spiritual revivalist apparently counts for even less than the testimony of a peasant or a Jew. Thus, when Falun Gong unveiled a doctor's wife who claimed that her husband, a surgeon, had removed thousands of corneas from practitioners in a Northeastern Chinese hospital named Sujiatun, the charge met with guarded skepticism from the dissident community and almost complete silence from the Western press (with the exception of this magazine and National Review).

As Falun Gong committees kicked into full investigative mode, the Canadian lawyers Kilgour and Matas compiled the accumulating evidence in their report. It included transcripts of recorded phone calls in which Chinese doctors confirmed that their organ donors were young, healthy, and practiced Falun Gong; written testimony from the mainland of practitioners' experiences in detention; an explosion in organ transplant activity coinciding with a rise in the Falun Gong incarceration rate, with international customers waiting as little as a week for a tissue match (in most countries, patients waited over a year). Finally, Kilgour and Matas compared the execution rate in China (essentially constant, according to Amnesty International) and the number of transplants. It left a discrepancy of 41,500 unexplained cases over a five-year span.

This report has never been refuted point by point, yet the vast majority of human rights activists have kept their distance. Since Falun Gong's claims were suspect, their allies' assertions were suspect. Transplant doctors who claimed to have Falun Gong organ donors in the basement? They were just saying what potential organ recipients wanted to hear. Written testimony from practitioners? They'd been prepped by activists. The rise in organ transplant activity? Maybe just better reporting. The discrepancy between executions and transplants? As a respected human rights scholar asked me, why did Kilgour and Matas use Amnesty International's estimate of the number of executions in China to suggest the execution rate had stayed constant for 10 years? Even Amnesty acknowledges their numbers might represent a gross understatement. There might be no discrepancy at all.

Finally, why had no real witness, a doctor or nurse who had actually operated on Falun Gong practitioners, come forward? Without such proof (although such an individual's credibility can always be savaged, even with supporting documents), human rights advocates argued there was no reason to take the story seriously. There certainly were not sufficient grounds for President Bush to mention organ harvesting in his human rights speech on the eve of the Beijing Olympics.

The critics had hinted at legitimate points of discussion. But so had the Chinese government: Fresh off the confession in 2005 that organs were being harvested from ordinary death-row prisoners, and after issuing their predictable denials of harvesting organs from Falun Gong, Beijing suddenly passed a law in July 2006 forbidding the sale of organs without the consent of the donor.

Three things happened. The organ supply tightened. Prices doubled. And transplants continued. So unless there has been a dramatic cultural shift since 2004, when a Chinese report found that only 1.5 percent of transplanted kidneys were donated by relatives, the organs being sold must still come from somewhere. Let's assume it's prisoners--that's what Taiwanese doctors think--and theorize that the new law was a signal: Get your consent forms and stop harvesting from Falun Gong. For now.

And the critics had one thing exactly right: Precision is an illusion. No taped conversation with a mainland doctor is unimpeachable. All witnesses from China have mixed motives, always. And, again, no numbers from China, even the one in the last paragraph, can be considered definitive.

Indeed, the entire investigation must be understood to be still at an early, even primitive, stage. We do not really know the scale of what is happening yet. Think of 1820, when a handful of doctors, scientists, and amateur fossil hunters were trying to make sense of scattered suggestive evidence and a disjointed pile of bones. Twenty-two years would pass before an English paleontologist so much as coined the term "dinosaur"--"terrible lizard"--and the modern study of these extinct creatures got seriously under way. Those of us researching the harvesting of organs from involuntary donors in China are like the early dinosaur hunters. We don't work in close consultation with each other. We are still waiting for even one doctor who has harvested organs from living prisoners of conscience to emerge from the mainland. Until that happens, it is true, we don't even have dinosaur bones. But we do have tracks. Here are some that I've found.

Qu Yangyao, an articulate Chinese professional, holds three master's degrees. She is also the earliest refugee to describe an "organs only" medical examination. Qu escaped to Sydney last year. While a prisoner in China in June 2000, she refused to "transform"--to sign a statement rejecting Falun Gong--and was eventually transferred to a labor camp. Qu's health was fairly good, though she had lost some weight from hunger strikes. Given Qu's status and education, there were reasons to keep her healthy. The Chinese police wanted to avoid deaths in custody--less paperwork, fewer questions. At least, so Qu assumed.

Qu was 35 years old when the police escorted her and two other practitioners into a hospital. Qu distinctly remembers the drawing of a large volume of blood, then a chest X-ray, and probing. "I wasn't sure what it was about. They just touch you in different places . . . abdomen, liver." She doesn't remember giving a urine sample at that time, but the doctor did shine a light in her eyes, examining her corneas.

Did the doctor then ask her to trace the movement of his light with her eyes, or check her peripheral vision? No. He just checked her corneas, skipping any test involving brain function. And that was it: no hammer on the knee, no feeling for lymph nodes, no examination of ears or mouth or genitals--the doctor checked her retail organs and nothing else.

I may have felt a silent chill run up my spine at points in our interview, but Qu, like many educated subjects, seemed initially unaware of the potential implications of what she was telling me. Many prisoners preserve a kind of "it can't happen here" sensibility. "I'm too important to be wiped out" is the survivor's mantra. In the majority of the interviews presented here, my subjects, though aware of the organ harvesting issue, had no clear idea of my line of questioning or the "right" answers.

Falun Gong practitioners are forbidden to lie. That doesn't mean they never do. In the course of my interviews I've heard a few distortions. Not because people have been "prepped," but because they've suffered trauma. Deliberate distortions, though, are exceedingly rare. The best way to guard against false testimony is to rely on extended sit-down interviews.

In all, I interviewed 15 Falun Gong refugees from labor camps or extended detention who had experienced something inexplicable in a medical setting. My research assistant, Leeshai Lemish, interviewed Dai Ying in Norway, bringing our total to 16. If that number seems low, consider the difficulty of survival and escape. Even so, just over half of the subjects can be ruled out as serious candidates for organ harvesting: too old, too physically damaged from hard labor, or too emaciated from hunger strikes. Some were simply too shaky in their recall of specific procedures to be much help to us. Some were the subjects of drug tests. Some received seemingly normal, comprehensive physicals, though even such people sometimes offered valuable clues.

For example, Lin Jie, a woman in her early 60s living in Sydney, reported that in May 2001, while she was incarcerated in the Chongqing Yong Chaun Women's Jail, over 100 Falun Gong women were examined "all over the body, very detailed. And they asked about our medical history." Fine. Yet Lin found herself wondering why "one police per practitioner" escorted the women through the physical, as if they were dangerous criminals. Practitioners of Falun Gong are many things--intense, moralistic, single-minded--but they are strictly nonviolent. Clearly someone in the Chinese security system was nervous.

Or take Jing Tian, a female refugee in her 40s, now in Bangkok. In March 2002, the Shenyang Detention Center gave a comprehensive physical to all the practitioners. Jing watched the procedure carefully and saw nothing unusual. Then, in September, the authorities started expensive blood tests (these would cost about $300 per subject in the West). Jing observed that they were drawing enough blood to fill up eight test tubes per practitioner, enough for advanced diagnostics or tissue matching. Jia Xiarong, a middle-aged female prisoner who came from a family of well-connected officials, told Jing outright: "They are doing this because some aging official needs an organ."

But Jing sensed something else in the air that fall, something more substantial: Prisoners were arriving in the middle of the night and disappearing before dawn. There were transports to "hospital civil defense structures" with names like Sujiatun and Yida, and practitioners with no names, only numbers.

It was not a good time to be an angry young practitioner, according to a refugee in her 30s recently arrived in Hong Kong. She has family in China, so let's call her Jiansheng Chen. Back in 2002, Chen noticed another pattern. When the blood tests started, she said, "before signing a statement [renouncing Falun Gong] the practitioners were all given physicals. After they signed, they wouldn't get a physical again."

Chen was a "nontransformable"--with an edge. Not only did she refuse to renounce Falun Gong, but she shouted down anyone who did. Chen was getting medication three times a day (possibly sedatives), so drug-testing can't be ruled out. Yet as her resistance dragged on, the police said: "If you don't transform, we'll send you away. The path you have chosen is the path of death." For eight days efforts were made to persuade Chen to renounce Falun Gong or gain her submission by torture. Suddenly the guards ordered her to write a suicide note. Chen mocked them: "I'm not dead. So why should I sign a death certificate?"

The director brought in a group of military police doctors wearing white uniforms, male and female. The labor camp police were "very frightened" at this point, according to Chen. They kept repeating: "If you still won't transform, what waits for you is a path to death."

Chen was blindfolded. Then she heard a familiar policewoman's voice asking the doctors to leave for a minute. When they were alone, the policewoman began pleading with her: "Chen, your life is going to be taken away. I'm not kidding you. We've been here together all this time, we've made at least some sort of connection by now. I can't bear to see this--a living person in front of my eyes about to be wiped out."

Chen stayed silent. She didn't trust the policewoman--why should she? In the last eight days, she had been hung from the ceiling. She had been burned with electric batons. She had drunk her own urine. So, the latest nice-nice trick was unconvincing. Then Chen noticed something dripping on her hand--the policewoman's tears. Chen allowed that she would think about transforming. "That's all I need," the policewoman said. After a protracted argument with the doctors, the police left.

Practitioners like to talk about altering the behavior of police and security personnel through the power of their own belief. It's a favorite trope. Just as a prisoner of war is duty bound to attempt escape, a Falun Gong practitioner is required by his moral code to try to save sentient beings. In this spiritual calculus, the policeman who uses torture destroys himself, not the practitioner. If the practitioner can alter the policeman's behavior, by moral example or supernatural means, there's some natural pride, even if the practitioner still gets tortured.

But practitioners vary. Chen did not tell her story with composure. She screamed it out cathartically, in a single note of abrasive, consuming fury. It's also relevant that Chen is not just stubborn, impossible, and a little mad, but young, attractive, and charismatic. She gave her account of the policewoman without braggadocio, only abject, shrieking shame at having finally signed a transformation statement. The policewoman had met a fellow warrior--her tears are plausible.

Dai Ying is a 50-year-old female refugee living in Sweden. As 2003 began, 180 Falun Gong were tested in Sanshui labor camp. The usual our-party-especially-cares-for-you speech was followed by X -rays, the drawing of massive blood samples, cardiograms, urine tests, and then probes: "They had us lie on [our] stomachs and examined our kidneys. They tapped on them and ask[ed] us if that hurt."

And that was it--organs only, hold the corneas--a fact that Dai, almost blind from torture at the time, remembers vividly. Corneas are relatively small-ticket items, worth perhaps $30,000 each. By 2003, Chinese doctors had mastered the liver transplant, worth about $115,000 from a foreign customer.

To meet the demand, a new source of supply was needed. Fang Siyi is a 40-year-old female refugee in Bangkok. Incarcerated from 2002 to 2005, Fang was examined repeatedly and then, in 2003, picked out for special testing in the Jilin detention center in Northeast China.

Fang had never seen the doctors before: "Upon arriving here, they changed into labor camp uniforms. But what struck me is that they seemed to be military doctors." Twelve prisoners had been selected. Fang estimates that eight were Falun Gong. How did she know? "For Falun Gong, they called them, Little Faluns." Who were the other four? "[The staff] would say, Here comes another one of those Eastern Lightning."

Eastern Lightning are Christians--fringy, out-there Chinese Christians to us, incurable, nontransformable deviants to the party. Jing, too, remembers Eastern Lightning being given blood tests in 2002, but Fang remembers the Jilin exam as far more focused: "The additional examinations would just be blood tests, electro-cardiograms, and X-rays, nothing else. It was Falun Gong practitioners and Christians."

Compassion fatigue seeping in? I'll keep this short.

"Masanjia Confidential" has family in China, so prudence dictates mentioning only that she's about 40 and is in Bangkok. Her experience takes us into what I call the "Late Harvest Era" of 2005, when many practitioners seem to have been whisked off to wham-bam organ exams and then promptly disappeared. When I asked her if anyone in Masanjia Labor Camp actually received medical treatment, she responded without missing a beat: "If people came in on a stretcher, they were given cursory treatment. In good health, a comprehensive exam. .  .  . They needed healthy people, young people. If you were an auntie in your 60s or 70s they wouldn't pay attention to you."

Were there military personnel present at the physicals? "They didn't need them. Masanjia is very close to Sujiatun [hospital]--a pretty quick drive. If they needed someone they could just tie them up and send them over. .  .  . Usually they were taken at night."

In 2007, Yu Xinhui, free after five years in Guangdong prison, signed himself, his wife, and their infant son up for a foreign trip with a Chinese tour group. Upon arriving in Bangkok, they fled to the YMCA and applied for U.N. refugee status. Yu is in his 30s, the picture of robust health. While in prison, he was tested repeatedly, finally graduating to an "organs-only" exam under military supervision in 2005.

Yu makes a good show of indulging my questions, but to him it was never a big mystery: "There was common knowledge of organ harvesting in the prison. .  .  . Even before you die, your organs are already reserved." Criminal prisoners would taunt the practitioners: "If you don't do what we say we'll torture you to death and sell your organs." That sounds like a stupid game, but everyone knew there was a real list: Prisoners and practitioners alike would be taken away on an annual schedule. Yu knew which month the buses would arrive and where they would park in the courtyard. He gave me a tour of the exact spot on Google Earth.

When Falun Gong's claims about organ harvesting surfaced in March 2006, Yu still languished in prison, incommunicado. So it's all the more interesting that he vividly remembers a large, panicky deportation of prisoners (perhaps 400 people, including practitioners) in May 2006. "It was terrifying," Yu says. "Even I was terrified." The timing is consistent: With all the bad publicity, mainland doctors were hinting at a close-of-business sale on organs at exactly this time.

By 2007, the consensus was that the Chinese government had shut down Falun Gong harvesting to avoid any embarrassing new disclosures before the Olympics. So my final case must be viewed as borderline, a comprehensive medical exam followed by .  .  . well, judge for yourself.

Liu Guifu is a 48-year-old woman recently arrived in Bangkok. She got a soup-to-nuts physical-- really a series of them--in Beijing Women's Labor Camp in 2007. She was also diagnosed as schizophrenic and possibly given drugs.

But she remembers her exams pretty well. She was given three urine tests in a single month. She was told to drink fluids and refrain from urinating until she got to the hospital. Was this testing for diabetes or drugs? It can't be ruled out. But neither can kidney-function assessment. And three major blood samples were drawn in the same month, at a cost of about $1,000. Was the labor camp concerned about Liu's health? Or the health of a particular organ? Perhaps an organ that was being tissue-matched with a high-ranking cadre or a rich foreign customer?

The critical fact is that Liu was both a member of a nontransformed Falun Gong brigade with a history of being used for organs and was considered mentally ill. She was useless, the closest approximation we have to a nameless practitioner, one of the ones who never gave their names or provinces to the authorities and so lost their meager social protections.

There were certainly hundreds, perhaps thousands, of practitioners identified by numbers only. I've heard that number two hundred and something was a talented young female artist with nice skin, but I don't really know. None of them made it out of China alive.

None of them likely will. Tibetan sources estimate that 5,000 protesters disappeared in this year's crackdown. Many have been sent to Qinghai, a potential center of organ harvesting. But that's speculative. Both the Taiwanese doctors who investigate organ harvesting and those who arrange transplants for their Taiwanese patients agree on one point: The closing ceremony of the Olympics made it once again open season for harvesting.

Some in the human rights community will read that last assertion with skepticism. Until there is countervailing evidence, however, I'll bet on bargain-basement prices for organs in China. I confess, I feel a touch of burnout myself at this thought. It's an occupational hazard.

It's why I told that one-night-in-Bangkok joke to get you to read beyond the first paragraph. Yet what's really laughable is the foot-dragging, formalistic, faintly embarrassed response of so many to the murder of prisoners of conscience for the purpose of harvesting their organs. That's an evil crime.

Washington faces its own imperatives: The riptide of Chinese financial power is strong. Those in government do not want to hear about Falun Gong and genocide at a time of financial crisis, with China holding large numbers of U.S. bonds. So the story continues to founder under the lead weight of American political and journalistic apathy. At least the Europeans have given it some air. They can afford to. They aren't the leader of the free world.

It will be argued--quietly, of course--that America has no point of easy leverage, no ability to undo what has been done, no silver bullet that can change the Chinese regime. Perhaps not, but we could ban Americans from getting organ transplants in China. We could boycott Chinese medical conferences. Sever medical ties. Embargo surgical equipment. And refuse to hold any diplomatic summits until the Chinese put in place an explicit, comprehensive database of every organ donor in China.

We may have to live with the Chinese Communist party, for now. For that matter, we can console ourselves that there are no bones, for now. There will be none until the party falls and the Chinese people begin to sift through the graves and ashes.

We are all allowed a touch of compassion fatigue--it's understandable. But make no mistake: There are terrible lizards. And now that the Olympic Games are over, and the cameras have turned away, they roam the earth again.

Ethan Gutmann, an adjunct fellow at the Foundation for the Defense of Democracies, wishes to thank the Earhart Foundation and the Wallenberg family of Sweden for research support.

Friday, November 14, 2008

China imprisons Falun Gong follower, lawyer says

SHANGHAI, China: IHT -- Nov. 14, 2008 - A Chinese woman who downloaded information about the banned Falun Gong sect and passed it to others has been sentenced to three and a half years in prison, her lawyer said Friday.

Liu Jin, a former university librarian in Shanghai, was sentenced Nov. 3, Beijing-based lawyer Mo Shaoping confirmed in a telephone interview.

"This is common," Mo, who is well known for defending dissidents in China, said of the case and the sentence.

China banned the Falun Gong spiritual movement as an "evil cult" and a threat to Communist rule in 1999, and human rights groups have accused the government of torturing and executing members.

Mo confirmed that Liu printed out information from the Internet about the banned group and handed it out to others. He did not say to whom she handed the materials. Her trial on charges of "using a heretical organization to undermine implementation of the law" lasted less than a day, he said.

Calls to the Fengxian District Court in Shanghai where the trial took place rang unanswered Friday.

Police arrested Liu and seized her home computer in November 2007, the New York-based Falun Dafa Information Center said in a statement Friday.

The center, run by the Falun Gong, reported that her husband, Zhang Zhanjie, said his wife had suffered beatings and sleep deprivation while in detention.

Liu and Zhang have been imprisoned before for practicing Falun Gong, the statement said.

Falun Gong is a mix of traditional Chinese calisthenics and doctrines drawn from Buddhism, Taoism and the ideas of its founder, Li Hongzhi.

The initially tolerated group startled Chinese leaders on April 25, 1999, when about 10,000 Falun Gong members stood silently around the Communist Party leadership compound in Beijing to protest criticism of the group by the state press.

The ban and crackdown soon followed.

Thursday, November 06, 2008

Lawyers Say Pressure from Chinese Officials behind Attempt to Get Rid of Consulate Protest

By Ben Taylor
Epoch Times Vancouver Staff
Nov 5, 2008
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Vancouver Falun Gong
Vancouver Falun Gong practitioners gather at their protest site outside the Chinese consulate on Granville St. The City of Vancouver wants the site dismantled, saying it violates a bylaw. (www.clearwisdom.net)
VANCOUVER—The details of Vancouver Mayor Sam Sullivan’s relationship with the Chinese Consular General and the Chinese regime itself became the focus in a B.C. Supreme Court hearing on Wednesday.

The City of Vancouver wants Falun Gong practitioners to dismantle their 7-year 24/7 protest consisting of signs and a hut outside the Chinese Consulate on Granville St., saying it violates a city bylaw.

Falun Gong’s legal team presented Justice Sunni Stromberg-Stein with 26 points highlighting their argument that Sullivan’s attempts to get rid of the protest are a result of his dealings with the consulate and the regime in Beijing during trips to China.

The lawyers told the court that the timing of meetings between the city and Falun Gong protesters indicated that after trade delegations to China, formal meetings were arranged with or pressure put on the Falun Gong to dismantle or downsize the site.

They added that Approved Destination Status for Canada was used as leverage by the Chinese regime.

The city's lawyer, Tom Zworski, argued that the mayor and city merely wish to enforce the bylaw and that the case is not about “the city using its powers in some draconian way."

“The claim of bylaw infraction by the city of Vancouver is just a front. This is not the reason that the city was concerned, it really has really nothing to do with bylaw infraction. It’s a question of appeasing the Chinese government and the Chinese Consular General,” said Falun Gong's lawyer, Clive Ansley, in an interview with New Tang Dynasty TV.

Prior to the week-long hearing that will determine the future of the site, Sullivan had been cross examined by Falun Gong’s legal counsel.

Justice Stromberg-Stein also heard details of the intimate relationship between Sullivan and the ex- Chinese Consular General. In August 2008 the mayor and his parents attended a dinner at the Chinese Consulate at which the mayor brought up the protest site.

“I wanted to update him on what was going on,” Sullivan was quoted as saying during the cross examination.

The Chinese Consular General, however, later told the Sing Tao Daily that his biggest regret was that he hadn’t succeeded in removing the site despite urging local governments to do so on many occasions.

Sullivan has been invited to China several times, including in 2004 when he and Premier Gordon Campbell went there on a trade delegation. In August Sullivan was brought to Bejing as an honoured guest at the Paralympics Games where he held the Olympic torch in the opening ceremonies.

“When I go to China, they treat me like an emperor. And we don’t have that tradition of that red-carpet thing, so it’s a little embarrassing for me in a way.” the mayor told the Vancouver Sun in 2006.

Chen Yonglin, a diplomat who defected from the Chinese Consulate in Sydney, Australia, said during a visit to Vancouver in 2007 that this is par for the course when western government officials visit China.

“China always treats these seniors officials, MPs, mayors and counselors, like emperors. We [consular officials] have been putting pressure on federal government and local governments and any organizations in relation to Falun Gong and democracy.”

Chen said that the “war on Falun Gong” is the top priority for the Anti-Falun Gong working groups existing around the world within Chinese consulates, and that it’s “absolutely impossible” that Mayor Sullivan had not been strongly urged to remove the protest site.

Another Innocent Chinese Citizen Killed By China’s Communist Party

Middle-Aged Farmer Dies of Torture

Northeastern Chinese man jailed for carrying 100 leaflets about the persecution of Falun Gong; he is killed of same persecution

05 Nov 2008 - The Falun Dafa Information Center has learned that a 45-year-old farmer from northeastern China has died as a result of torture after being illegally detained for three months. His fingerprints on a fabricated confession were taken while he was unconscious for an alleged “crime” of carrying 100 Falun Gong flyers.

“The use of fabricated ‘confessions’ for crimes that don’t even exist are far too often used against Falun Gong torture victims,” says Falun Dafa Information Center spokeswoman Gail Rachlin.

Prominent Chinese human rights lawyers like Gao Zhisheng and Li Heping have argued that possessing information about human rights issues does not violate any Chinese law and is a right that should be protected under China’s own constitution. These lawyers, too, have been tortured as a result.

The Falun Gong torture victim, Mr. Dong Liantai, lived in Zhengjiu village in the countryside of China’s northernmost province Heilongjiang. He died after being sent to a labor camp in the provincial capital, Harbin.

“Heilongjiang province has one of the highest death rates of Falun Gong practitioners killed by torture,” Rachlin said. “Its labor camps are particularly notorious for using brutal torture methods, including forced-feeding, on Falun Gong practitioners.”

While riding his bicycle home at 7:00pm on June 24, 2008, two village officials accosted Mr. Dong and detained him without explanation. Police officer Fan Zimin then ransacked his home and took him to the local Shuangcheng town police department to be interrogated.

During interrogation Mr. Dong reportedly lost consciousness due to beatings to his face. According to an acquaintance of Mr. Dong’s who would not disclose his identity, police officers then dragged him and pressed his fingerprints on a “confession” statement. His crime was being in possession of 100 Falun Gong flyers.

He was then held in the Shuangcheng City Detention Center and interrogated again. He was charged with disturbing social order.

“I did not disrupt social order by riding my bike home,” Mr. Dong had reportedly said before he died. “Those officers threatened that they could sentence me to forced labor for two years.”

Dong was then indeed sent to Wanjia Forced Labor Camp for ten days and then taken to Changlinzi Forced Labor Camp for “reeducation.” In attempts to break his will and belief, guards tortured him by tying him to a “Tiger Bench” and force-feeding him mustard oil and highly concentrated salt water.

The torture caused Mr. Dong to cough severely. He could not sleep and felt a hot, burning sensation in his chest and stomach, after which he passed out.

On July 10, 2008, Mr. Dong’s family was notified that he was sentenced to forced labor and tried visiting him. But labor camp officials claimed he was not there and provided no further information of his whereabouts.

Two months later, Mr. Dong was already near death because of torture. Fearing that he would die in custody, camp administrators returned him to the local Shuancheng town government to have his family pick him up.

Chinese labor camps have been known to regularly release Falun Gong practitioners on the brink of death hoping to avoid the local or international scrutiny that sometimes accompanies a death in custody. If the prisoner dies at home, the labor camp officials can more easily dodge accusations of responsibility.

According to witnesses, the night before they returned him home, camp guards told Mr. Dong: “We are taking you home, because you will not live through the night.”

By then, Mr. Dong was coughing up lung tissue and said that he felt as if his insides were burning. His back and internal organs were causing him unbearable pain.

He died eight days after being released at 6:40 p.m. on September 19, 2008, with a high fever and in extreme pain.

Background
Founded in 1999, the Falun Dafa Information Center is a New York-based organization that documents the rights violations of adherents of Falun Gong (or “Falun Dafa”) taking place in the People’s Republic of China. In July of 1999 China’s autocratic Communist Party launched an unlawful campaign of arrests, violence, and propaganda with the intent of “eradicating” the apolitical practice; it is believed certain leaders feared the influence of the practice’ 100 million adherents. The campaign has since grown in violence and scope, with millions having been detained or sent to forced labor camps. The Center has verified details of over 3,000 deaths and over 63,000 cases of torture in custody (reports / sources). Falun Gong is a traditional-style Buddhist “qigong” practice, with roots in the Chinese heritage of cultivating the mind/body for health and spiritual growth.

FOR MORE INFORMATION, PLEASE CONTACT THE FALUN DAFA INFORMATION CENTER

Website: http://www.faluninfo.net/

Click Here to Learn More about This Persecution

Tuesday, November 04, 2008

Falun Gong protest site reviewed

MARIA COOTAUCO FOR METRO VANCOUVER
November 04, 2008 05:07

A seven-day hearing to decide the fate of the Falun Gong protest site outside the Chinese Consulate began yesterday with Counsel for Falun Gong cross-examining city officials.


“It’s become the most well-known protest in the world — the only one that is there 24 hours a day, seven days a week,” said Clive Ansley, counsel for the Falun Dafa Association.


Falun Gong practitioners first set up banners and a small structure in 2001 to “protest the killing of scores of thousands of people in order to facilitate the theft of their organs as well as massive use of torture against them,” according to Ansley.


The City wants to tear down the structure because it says it violates a by-law regulating streets and sidewalks.


The Falun Gong argue that their freedom of speech is being muzzled.


“This is a way of bringing these kinds of abuses to the attention of the public,” Ansley said.

Monday, November 03, 2008

Sunday, November 02, 2008

City goes to court to remove Falun Gong protest shelter

Allison Cross, Vancouver Sun

Published: Sunday, November 02, 2008

VANCOUVER - The City of Vancouver will be in B.C. Supreme Court Monday in an attempt to finally remove the small blue shelter and makeshift billboard that has sat on the sidewalk in front of the Chinese consulate on Granville Street for the past seven years.

This will be the fifth time that the Falun Dafa Association and the city will meet in court over the sprawling display, which is occupied around the clock by at least one person.

The structure is made up of a shelter and 20 metres of painted blue plywood plastered with signs and photos condemning the alleged persecution of Falun Gong followers in China, where the spiritual practice is illegal.

This Fulan Gong structure has sat on the sidewalk in front of the Chinese consulate on Granville Street for the past seven years.View Larger Image View Larger Image

This Fulan Gong structure has sat on the sidewalk in front of the Chinese consulate on Granville Street for the past seven years.

Peter Battistoni/Vancouver Sun
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Mayor Sam Sullivan first ordered the structure dismantled in 2006, saying it was built without permission from the city and blocked the sidewalk.

But the Falun Dafa Association of Vancouver balked at the request, saying dismantling the shelter would constitute a violation of their freedom of speech under the Canadian Charter of Rights and Freedoms.

Some criticized Sullivan, accusing him of succumbing to pressure from the Chinese government to shut down the display. Sullivan said he was ensuring the display wasn't contravening city bylaws.

The city later filed a B.C. Supreme Court petition to have it removed.

The parties have been to court at least four times before to deal with procedural matters, said Clive Ansley, counsel for the Falun Dafa Association of Vancouver.

"We're glad to see that it's finally going to be addressed on its merits at the hearing," Ansley told The Vancouver Sun on Sunday. "I think both sides have made their positions public for some time, and we'll finally get a ruling on it."

Ansley said the issue of free speech is particularly important in this case, given the grave allegations that Chinese authorities are mass murdering and torturing Falun Gong followers and harvesting their organs.

A spokesman said Sullivan's office would not comment on the case while it is before the courts.

Port Moody's Sue Zhang said she has spent five to seven hours in front of the consulate every week for the past five years.

"The site we set up, the purpose of it is to let more people know the brutal persecution of Falun Gong," Zhang said. "This is a very serious issue of genocide."

She worries that if the structure is dismantled, the protest simply won't be as effective.

"It is very difficult to carry an effective sign [that] hangs on your neck. Many of us are elderly people," she said.

Many people don't know about the persecution of Falun Gong followers, Zhang said, despite their presence on Granville Street 24 hours a day.

"The Community party, that regime, is spreading hate propaganda and information blockage," she said. "[Access to] the brutality is blocked. Even when we publicize it, they still can't believe it."

Exercises, meditation and moral philosophy are some of the elements that define the spiritual practice of Falun Gong, sometimes called Falun Dafa.

Practitioners say nearly 3,000 Chinese have been tortured to death as a result of their faith since the movement became popular in 1992.

The hearing is expected to last seven days.