Missing official of the Ministry of Foreign Affairs Files Lawsuit against Authority for Illegal and Wrongful Sentence
Previously, an Internet post stated, “Chen Youbang, staff member of the Ministry of Foreign Affairs in Beijing, has been missing.” The Chinese Ministry of Foreign Affairs has denied such an employee existed. Recently, New Tang Dynasty TV received a complaint against the authority by Chen Youbang. He indicated that had been kidnapped, illegally detained, and sentenced. He has requested his lawyer to file a lawsuit against the police, judge and prosecutors for kidnapping and persecution. He also appealed against the three year sentence he received. The following is our report.
Chen Youbang, a third level secretary of the Archives Department of the Ministry of Foreign Affairs has been missing for nearly half a year. He was kidnapped on November 10 last year by the Beijing Municipal Public Security Bureau. He is now illegally detained in the Chaoyang District Detention Center. He has been wrongfully sentenced to three years imprisonment.
His lawyer, Cheng Hai, indicated that Chen Youbang has filed a complaint and sued a total of 42 people involved in this illegal detention and sentence, including the Beijing Public Security Bureau, Chaoyang District Prosecutor’s Office, and the Chaoyang District Court. This action is for what he has called a “crime of favoritism".
Being Chen Youbang’s defense attorney, Cheng Hai explained that Chen Youbang was being kidnapped and imprisoned for distributing materials of Falun Gong. Cheng Hai said that Chinese law has never stated that belief in Falun Gong, or distributing Falun Gong materials is illegal.
The defense attorney Cheng Hai: “Even if he indeed was Distributing a Falun Gong booklet, it does not constitute a crime. In the provisions of Article III of the Criminal Code, the law must have been expressly broken for one to be held criminally responsible. None of our laws or policies or even judicial interpretation has clearly defined Falun Gong as a cult. In the Ministry of Public Security and the State Department list, Falun Gong has never been clearly defined as a cult. Falun Gong propaganda materials distribution has never been clearly ruled illegal."
In the indictment, Chen Youbang wrote: According to the laws of China, I am not guilty. But I was held criminally responsible by more than several dozen people from Beijing authority of inspection and law enforcement. They have violated the laws for their personal interests and seriously compromised my freedom. I ask the authorities to abide by their official duties to protect my legitimate rights and interests, maintain the dignity of the law, and to prosecute the 42 people involved in this crime and hold them responsible. They are Xu Yong and Ye Youzhong from the Beijing Municipal Public Security Bureau, Zhang Xin of Chaoyang District People’s Procuratorate, Li Xiao from Chaoyang District Court and jurors Li Xin and others.
Cheng Hai: “Our law has regulated that judicial staff who hold someone criminally responsible knowing that the person is not guilty will be guilty of a criminal offence. I believe those police officers who handled the case knew that Chen Youbang was innocent, but they nevertheless held him criminally responsible. They are the ones who committed a crime intentionally."
Cheng Hai told NTD TV, Chen Youbang was admitted to the Police Hospital due to high blood pressure. But the police had tied up his hands and feet for more than a month. In the first instance, the court did not notify the attorney of the court time.
Cheng Hai also pointed out that in each hearing involving Falun Gong cases there are serious violations in the trial. In order to prevent attorneys from safeguarding the legitimate rights and interests of Falun Gong practitioners, the authorities in inspection and law have themselves violated attorneys’ legitimate rights and interests.
On April 12, Zhongshan District court of Dalian already had a trial of thirteen Falun Gong practitioners. Four Beijing lawyers, Liang Xiaojun, Wang Quanzhang, Cheng Hai and Guo Hayue, all went to Dalian Intermediate People’s Court on behalf of some of Falun Gong practitioners.
That day, roadblocks were set up around the court. The road was packed with police cars, fire engines, buses, police and plainclothes officers. Many women or white-haired old ladies were dragged onto the bus by the police. The attorneys also met with illegal interrogation and beating by the police, and even illegal detention for two hours. Attorney Cheng Hai was injured in that incident.
Cheng Hai: “Along with another attorney, I was carried onto a bus. They tried to grab my cell phone, and I refused to let go of it. They beat me for about 20 minutes. There were six of them. My face was swollen, my eyes were bruised. They broke my lips, tore my pants, backpack, sleeves, they finally managed to snatch my phone from me. After they took my phone, the beating did not stop."
Around fifty people who had attended the hearing were also detained.
Cheng Hai believed that Dalian Municipal Public Security Bureau was in charge. The reason for the beating was believed to be due to the attorneys’ plea of not guilty for the defendants, and because he was also handling a lawsuit for “ suspected crime of favoritism", involving as many as 126 Dalian police officers.
Cheng Hai has filed legal proceedings against Dalian Public Security. He has indicated that the rights and interests of attorneys in the proceedings were seriously violated. This is a lawsuit about egregious violations of the Law on Lawyers, the Criminal Procedure Law and the Police Act.