Israel: “There is a Holocaust in China,” Says Journalist, as Rally Marks 14 Years of Falun Gong’s Persecution in China (Photos)

August 10, 2013 | By a Falun Dafa practitioner in Israel

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(Minghui.org) “There is a Holocaust in China,” stated Israeli journalist and broadcaster Billy Beserglick in her speech in front of the Chinese Embassy in Tel Aviv on July 22, 2013.

“I’m the second generation after World War II Holocaust. My parents were in Auschwitz and miraculously survived. [Otherwise,] I might very well not be here now,” she said.

Israeli journalist and broadcaster Billy Beserglick speaks at the rally marking 14 years of the persecution of Falun Gong practitioners in China.

Ms. Beserglick imagined a woman her age being held in a basement of a forced labor camp after torture, “It’s shocking that in 2013 a Holocaust occurs, and the world goes ‘business as usual.’”

“Those are terrible things,” she said of the crimes committed by the Chinese communist regime. “Organs are harvested from people in concentration camps!”

“We should not turn a blind eye!” she concluded.

On this summer day, two hundred people didn’t. They came to protest the regime’s crimes against humanity and its 14-year-long brutal persecution of millions of law-abiding citizens in China–practitioners of the ancient spiritual cultivation practice called Falun Dafa (also known as Falun Gong), who believe in the principles of Truthfulness, Compassion and Forbearance.

Over these years, the Chinese regime has directed officials and agencies at all levels of government, and state-owned enterprises, to carry out the persecution, spending billions of dollars and sparing no expense.

The peak of the horror is the use of Falun Gong practitioners as a source of organs for transplantation. In military hospitals and under heavy military supervision, organs have been harvested from people while they are still alive, so that the regime and its cadres can get a higher price. Tens of thousands of Falun Gong practitioners have been killed this way, and thousands more were killed through other types of horrific torture in forced labor camps and prisons across China.

Candles lit in memory of Falun Gong practitioners killed in the persecution in China.

A peaceful rally marks 14 years of the persecution of Falun Gong in China.

This child’s aunt was tortured for two years in a forced labor camp in Beijing.

Supporters join the rally.

People sign a petition calling for an end to the persecution in China.

Falun Dafa Association Spokesperson: Dispelling the Communist Regime’s Lies, We See Hope

“It was jealousy that stirred up the persecution,” explained Roy Bar-Ilan, a spokesperson for the Israeli Falun Dafa Association, “because it is an amazing cultivation practice. It became very popular very quickly in China, and then all of a sudden, tens of millions of good people became the largest group of prisoners of conscience in the world. The severity of the persecution – rape, shocks by electric batons, 45,000 to 60,000 organ harvesting cases, according to modest estimates – millions of people, of families, have suffered intensely and on an unparalleled scale.

“At first, everyone repeated the propaganda, and thus, in fact, promoted the persecution. Yesterday I found an article published in a major Israeli media in July 2001. It was written there that 14 practitioners had committed suicide in prison, and the prison authorities had ‘saved’ 11 others. It was also written that the Chinese government had decided to place Falun Gong practitioners in labor camps and monitor them around the clock as if they were worried about their safety. This story made me cry. In actuality, it should have been a report on the murder of the 14 practitioners, [who were just] like me, my wife and my children.”

Bar-Ilan continued, “We were able to overturn the lies that the Chinese regime created as part of its repression. Now people in the world do not believe the lies of the Chinese Communist Party. Yet many still can’t truly understand what Falun Gong is all about.

“To be a Falun Gong practitioner is to continuously try to improve oneself, to not blame others when encountering conflicts, but instead look inward, to not hit back when being attacked or sworn at, and to take loss and gain lightly.

“To be a Falun Gong practitioner is to get rid of selfishness and deviated thoughts. It is to strive to be considerate of others, to be an uncompromising moral example that does not bend in the face of profit or threat of any kind.

“In the face of the propaganda machine of the Chinese government, their media, embassies, and business and industrial relations all over the world, we are armed only with our hearts full of compassion and our determination to not let the evil, though influence, win the battle of humanity’s morality and future.

“We go out [to raise awareness about the persecution] day after day not for any gain, but because we believe that mankind still has hope, that the hearts of human beings still harbor morality and kindness… And the fact that you are here today proves that we are right, proves that there is hope.”

Epoch Times Director: “Silence Is What Allows These Crimes to Carry On”

“One cannot be neutral,” said Gilad Slonim, director of the Israeli edition of theEpoch Times at the rally. “We [Jews] have been through a genocide, where a dictator decided to destroy us because what we believed in did not suit him, and now we are directly or indirectly helping the same kind of a regime to carry out this persecution.

“Thus, one can’t be neutral in this battle. Everybody would like to be neutral, [thinking] ‘Why get involved? Why put this pain into my head? It’s happening so far away – it has nothing to do with us…’ This is not true! It is related to each and every one of us. Everyone today has to take a side.

“Not taking a proactive step against this persecution is equal to siding with it, since then you agree to be silent. Silence is what allows these crimes to carry on.”

“July 20th–a Great Shame in Mankind’s History”

Two Chinese Falun Gong practitioners living in Israel spoke in front of the Chinese Embassy, addressing not only the crowd, but also people at the embassy.

“In my opinion, the day of July 20th will remain as a great shame in history of mankind,” one of them said. “Why do I say so? Because 14 years ago on July 20th in China – such a big country with 1.3 billion people – the CCP [Chinese Communist Party] launched a brutal persecution of Falun Dafa.”

“Falun Dafa practitioners are people of good reputation in China,” she said. “There are many people who have a sense of justice and ask the 610 Office wicked policemen, ‘You do not catch the bad guys but specifically target good people. What kind of people are you?'”

“Some people have done a test with a mobile phone, sending out a text message. Messages with the words ‘truthfulness, compassion, forbearance’ [the main principles of Falun Gong] were blocked [by the regime]. But messages with the words ‘false, evil, fighting” were received. This shows to what extent the CCP has put China under its brutal control, so that the basic morality has been completely wiped out.

“However, the remaining goodness of Chinese people has begun to emerge as they learn the truth about the Communist regime. Now more than 140 million Chinese people have quit the CCP and its related organizations.”

Voices of Support for Falun Gong

Dr. Amir Shani from the New Liberal Movement called for the end to the persecution. In a taped interview he said, “We are here to express empathy and solidarity with innocent Falun Gong practitioners persecuted for no reason by the communist regime in China.” Many members of the New Liberal Movement group from various sides of the political map and social spectrum came to support the rally.

Rabbi Chaim Cohen from the Rabbis for Human Rights organization has attend numerous rallies calling for the end to the persecution of Falun Gong in China. In a powerful voice he declared, “We must stop the terrible persecution against Falun Gong!” He added that trading between Beijing and Jerusalem must take into account human rights.

Herzl Hakak, chairman of the Hebrew Writers Association, and Balfour Hakak, the organization’s former chairman, sent a statement to be read at the rally, “The phenomenon of psychiatric torture and organ harvesting is utterly shocking, both for their severity and scope, and for the betrayal of the ‘doctor’s oath,’ which every doctor takes to protect the sanctity of human life. Here in front of us, are physicians within the establishment [in China] … using their medical knowledge to violate human rights and endanger human life.”

Rabbi Shlomo Aviner also sent a letter of support, “Be strong and brave for the sake of justice and righteousness, for the protection of every person on Earth who is unjustly persecuted. This is our duty to protest and raise our voices. And when all voices are joined, it will eventually lead to salvation.”

“A Bleeding Lotus Flower”

The rally was accompanied by the sounds of an Erhu (an ancient Chinese stringed instrument) solo piece, “A Bleeding Lotus Flower.” The music was composed as a protest against the Chinese regime’s crimes of organ harvesting from living Falun Gong practitioners.

The solo tells of a true story revealed in 2009 by a security guard who had witnessed in 2002 how two military surgeons harvested the heart and kidneys of a Falun Gong practitioner while she was still alive.

This practitioner had been illegally arrested because of her belief in Falun Gong. She was a teacher, and the devoted mother of a 12-year-old son. While she was held in custody, she was brutally and repeatedly raped by the police. They also tortured her and shocked her with electric batons for seven days.

She was then taken to the fifth floor of the General Military Hospital of Shen-Yang City. The surgeon cut open her chest without any anesthesia, while she was fully conscious and wide awake. When the surgeon cut her heart arteries, she died.

Her last words were, “Falun Dafa is Good!”

CATEGORY: July 20 Events

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The Chinese Government Never Officially “Banned” Falun Gong, Part 3

July 23, 2010 | By a practitioner from outside China

(Clearwisdom.net) After July 20, 1999, media or even scholarly works outside of China have often used the words, “The Chinese government has banned Falun Gong since July of 1999.” It is my belief that the Chinese Communist Party has never had a legal basis for its eleven-year persecution of Falun Gong, because the Chinese government never officially banned Falun Gong. I won’t delve into the subject of the current Chinese government’s legitimacy itself since its inception in 1949 for now, but even according to the Chinese government’s own laws, the persecution by the CCP and Jiang Zemin’s gang is illegal.

The first cause of most people’s confusion is seeing the “CCP” and the “Chinese government” as being interchangeable, or even mixing up the head of the CCP with China the country or the Chinese government as an entity. The second cause is that the CCP intentionally uses this term in its propaganda to confuse public opinion. A third cause is their lack of understanding of what it means to ban something in a legal sense.

Continued from:

Part 1 http://clearwisdom.net/html/articles/2010/7/18/118671.html

Part 2 http://clearwisdom.net/html/articles/2010/7/19/118687.html

III. The Persecution of Falun Gong Was Initiated by Jiang Zemin’s Illegal, Personal Decision, and a Political Movement Resulting from Attempts by Jiang Zemin, the CCP, and the Chinese Government to Use Each Other. It Is Anything But the Implementation of Law.

The below are excerpts from internal CCP documents, speeches, and correspondence, illustrating the fact that the persecution resulted from Jiang and the CCP using and helping each other to their own ends.

A. On April 27, 1999, the Secretariat’s Office of the Central Committee of the Chinese Communist Party issued a secret document entitled, “Notice regarding printing and distributing the the letter from comrade Jiang Zemin to the Standing Committee of the Politburo and other senior leaders.” The notice required CCP members to study the letter written by Jiang on the evening of April 25, one that is filled with jealousy, paranoia, and vicious lies. The notice required that all CCP members study the contents, implement them, and report back to the Central Committee. Based on this notice, Jiang was the person who turned the truth upside down regarding the Falun Gong practitioners peaceful, legitimate appeal on April 25. The letter itself and this notice also implied that his will was imposed upon the higher levels of the Chinese government, as the request was not for commentary or feedback, but rather to study and implement the content.

B. By looking at the content of Jiang’s letter, we can find several striking mistruths that served as alarming signs of an impending political movement.

 

  • “Do they have some kind of relationship with forces outside of China, specifically the West, and is there a ‘hidden master’ controlling things behind the scenes?” – A baseless accusation that is to lend an excuse for the persecution.
  • “Could it be that the Marxism that is common to all of us Communists, and the materialism and atheism that we believe in, cannot defeat that bunch of stuff that Falun Gong is propagating? If that were really the case, wouldn’t that be the biggest joke!” – The basis for the ideological side of the persecution that Jiang intends to start.
  • “This incident points out the extent to which the political-ideological work and the work with the masses have fallen in certain places and departments. We must educate the broader cadres and the masses with the correct world view, life view, and value system… It is high time that the leaders at each level, especially the senior level leaders, wake up!” This is a sign that the persecution was started without the initial backing of the high-level officials and a decision made by Jiang, and therefore it was necessary to “educate the broader cadres” and to have the senior leaders “wake up.”

C. A second secret document was also issued by the Secretariat’s Office of the Central Committee of the Chinese Communist Party, this time requiring CCP members to “Study and implement comrade Jiang’s speech during the Central Committee Politburo meeting regarding the urgent handling and resolution of the ‘Falun Gong problem'”. This document was issued on June 7, 1999, and the direct result of this speech was the establishment of the {610 Office} three days later. Jiang said in his speech, “The Falun Gong problem has a deep socio-political background, even a complex international background. This is the most severe incident since that political crisis in 1989. We must face it seriously, look into it deeply, and implement forceful countermeasures.” The fact that Jiang places the “Falun Gong problem” in the context of the 1989 June 4 Tiananmen Massacre is another indication that a full-fledged, nationwide persecution is about to commence.

D. This speech further stated, “The Central Committee has agreed to establish a special task force to deal with the ‘Falun Gong problem’, to be headed up by comrade Li Lanqing. Comrade Li Lanqing will serve as the task force leader, with comrades Ding Guangen and Luo Gan serving as deputy leaders, and the comrades responsible for the relevant departments serving as task force members, thereby centrally determining the specific steps, methods, and means to deal with the ‘Falun Gong problem.’ The Central Committee and government organs, ministries, and commissions at each province, autonomous region, and directly controlled municipalities must cooperate closely with this effort.” The task force mentioned here is the predecessor to the “Leadership Group for the Chinese Communist Central Committee in Dealing with the Falun Gong Problem”, and its subordinate organization “Office of the Leadership Group for the Chinese Communist Central Committee in Dealing with the Falun Gong Problem.” This office also became known as the “610 Office” based on the date on which it was established. This Gestapo-like organization reached every province and city and permeated the government at each level, using the people’s hard-earned money to persecute kind people and committing a litany of crimes over the past eleven years. There are a couple of points to be made here. One is that the 610 Office was established based on Jiang’s personal decision. Usually, the “Central Committee” refers to the the “Central Committee of the Chinese Communist Party” or the “Politburo of the Chinese Communist Party”, in other words, a reference to the CCP rather than the Chinese government. In this case, Jiang’s speech about the formation of the “leadership task force” was made to the Politburo, informing them of the decision, rather than bringing up an agenda item. If this decision by the “Central Committee” were made at a previous meeting, then there would be no need for Jiang to inform the same committee of its earlier decision, so the only logical explanation is that Jiang made the decision on behalf of the committee and then informed them of “their” decision. In other words, the “decision by the central committee” was in reality a decision by Jiang as an individual. In allowing this to come to pass and thus the long-term political movement that is the persecution of Falun Gong, the current party bosses of the CCP have an undeniable responsibility.

E. The pronouncement of “the Central Committee and government organs, ministries, and commissions at each province, autonomous region, and directly controlled municipalities must cooperate closely with this effort” in effect gave the 610 Office power to supersede the existing political infrastructure in accomplishing its goals. Even though the government at all levels were to cooperate with that organization, it was accountable only to Jiang himself. Before Jiang stepped down, it was a persecution tool at Jiang’s direct disposal.

F. This speech also required the leadership group to gather information about the situation of past and present Falun Gong practitioners, yet these “situations” were predetermined. Soon after this speech, false allegations of Falun Gong practitioners “suffering psychosis, committing suicided, 1,400 deaths due to not taking medicine” quickly sprung up as a result of the 610 Office’s baseless charges.

G. Another document was issued in between the above two notices, “Notice from the the Secretariat’s Office of the Central Committee of the Chinese Communist Party Regarding Distributing the Notice by Comrade Jiang to the Central Committee Politburo, Secretariat, and Military Commission”. This was issued around May 25, immediately preceding the provincial Communist Standing Committee meetings held on May 28. Currently, we do not have a copy of this document. Judging from a provincial-level document “Notice Regarding Seriously Implementing the Spirit of Document 19” issued by the Hebei Province Communist Committee Secretariat, the content of that notice was to secretly prepare for the persecution of Falun Gong. This document was discovered by the Hebei Provincial government General Affairs Agency’s Human Resources Deputy Section Chief Xu Xinmu. The Shijiazhuang Falun Gong Assistance Center assistant Duan Rongxin and Xu Xinmu were sentenced to five and four years in prison, respectively, for this document getting out.

H. On June 14, 1999, major Chinese media reported on “Key Points Regarding Appeals Office Leadership Receiving Falun Gong Appellants”. These reports refuted rumors regarding an impending persecution, and reiterated the theme of those who spoke with Falun Gong representatives on April 25, “The government at various levels have never banned any normal qigong exercises that strengthens health; people have the freedom of belief and to practice a given qigong, as well as to disbelieve a given qigong. It is normal to have differing views or criticisms, and they may reflect their views through normal channels and formats.” So Jiang’s secret documents either countermanded the public policy of the Communist Party and the government, or these reports were part of his own plan.

I. At the APEC meetings held in New Zealand during September, 1999, Jiang did something highly unusual and unseemly to his role. He gave booklets demonizing Falun Gong to various state leaders, including then U.S. President Bill Clinton. This is another sign of how personal this was for Jiang

J. On October 25, 1999, immediate prior to a state visit to France, Jiang gave a written interview to French newspaper Le Figaro. Again Jiang slandered Falun Gong, and prior to any CCP documents or media did so, and branded it a “cult.” This is another sign of Jiang’s personal obsession with the persecution and his role as the driving force behind it.

Two days later, the CCP-run People’s Daily ran a special editorial entitled “Falun Gong is a Cult.” On October 30, the National People’s Congress Standing Committee ratified “Decision Regarding Banning Cult Organizations, and Being on Guard Against and Punishing Cult Activities.” This decision was latter illegitimately called the “anti-cult law.” Despite that, the decision never referenced Falun Gong, the unconstitutional nature of the decision notwithstanding.

In summary, the persecution initiated against Falun Gong on July 1999 was initiated by CCP leader Jiang Zemin’s letters, speeches, directives, followed by a series of CCP-issued documents. These were the driving force behind this political, persecutory movement, accompanied by the overwhelming slander and smear campaign by the CCP propaganda machine. This persecution is not a case of a legitimate government enforcing its laws. Of course, a government has no right to persecute its people this way, or it would be, in the process of doing so, removing its own legitimacy. The responsibility for the continuation of this persecution after Jiang stepped down, however, falls squarely on the shoulders of the current CCP leadership.

 

The Chinese Government Never Officially “Banned” Falun Gong, Part 2

April 20, 2012 | By a practitioner from outside China

This article was first published on July 19, 2010

(Minghui.org) After July 20, 1999, media or even scholarly works outside of China have often used the words, “The Chinese government has banned Falun Gong since July of 1999.” It is my belief that the Chinese Communist Party (CCP) has never had a legal basis for its eleven-year persecution of Falun Gong, because the Chinese government never officially banned Falun Gong. I won’t delve into the subject of the current Chinese government’s legitimacy itself since its inception in 1949 for now, but even according to the Chinese government’s own laws, the persecution by the CCP and Jiang Zemin’s gang is illegal.

The first cause of most people’s confusion is seeing the “CCP” and the “Chinese government” as being interchangeable, or even mixing up the head of the CCP with China the country or the Chinese government as an entity. The second cause is that the CCP intentionally uses this term in its propaganda to confuse public opinion. A third cause is their lack of understanding of what it means to ban something in a legal sense.

(Continued from previous article http://clearwisdom.net/html/articles/2010/7/18/118671.html)

II. The CCP’s Propaganda and Slander

Starting on the morning of July 20, 1999, the Ministry of Public Security conducted simultaneous mass arrests of Falun Gong practitioners in major cities across China. In the process they arrested the founding members of the disbanded Falun Gong Research Society, as well as thousands of volunteer assistants. On July 21 and 22, Falun Gong practitioners all over the country went to their local CCP offices to request an end to the persecution, but they were met with police violence, illegal detention, and interrogation. An estimated 300,000 plus practitioners were arrested during those few days.

A. There are several things to note here. First, the mass arrests initiated on July 20, 1999, were carried out without any legal basis and amounted to illegal arrests. The appeal made by Falun Gong practitioners on April 25 of the same year were completely in accordance with Chinese laws and regulations. They followed the appeals process, did not disrupt the operations of the government, and did not cause harm to any public property–their actions were completely in accordance with the law. I have listed a few supporting excerpts below.

  • Article 41 of the Constitution of the People’s Republic of China states, “Citizens of the People’s Republic of China have the right to criticize and make suggestions regarding any state organ or functionary. Citizens have the right to make to relevant state organs complaints or charges against, or exposures of, any state organ or functionary for violation of the law or dereliction of duty, but fabrication or distortion of facts for purposes of libel or false incrimination is prohibited. The state organ concerned must deal with complaints, charges or exposures made by citizens in a responsible manner after ascertaining the facts. No one may suppress such complaints, charges and exposures or retaliate against the citizens making them. Citizens who have suffered losses as a result of infringement of their civic rights by any state organ or functionary have the right to compensation in accordance with the law.”
  • Article 7 of the Provisional Regulations for Chinese Government Employees states, “Government employees have the right to provide criticism and suggestions regarding the work of national administrative organs and its leaders.”
  • Article 8 of the Regulations Governing Appeals states that appellants “may make criticisms, suggestions, and requests of government administrative organs and its employees” and “lodge accusations against activities that infringe upon one’s legal rights and interests.”
  • Article 27 of the Regulations Governing Appeals states, “Administrative organs at each level and their employees, in handling appeals, should scrupulously fulfill their duties, impartially handle such affairs, thoroughly investigate the facts, have a clear separation of duties, clear away obstacles, and handle these affairs in a timely, appropriate, and correct manner. They may not shift responsibility to others, only go through the motions, or delay matters.”
  • Article 10 of the Regulations Governing Appeals states, “Appellants should bring the subject of their appeal to the administrative organ that is relevant to the subject matter, or the organ that is one level above said organ.”

Immediately following the incident only April 23, where Tianjin police violently assaulted and arrested Falun Gong practitioners, practitioners when to the Tianjin City government appeals office on April 24 to lodge appeals. On that day, the Tianjin appeals office did not handle the issue in a timely manner, but instead used delay tactics and tried to shift responsibility. In addition, the Tianjin Police Department arrested nearly forty more practitioners. Given such circumstances, Falun Gong practitioners went to the administrative organ one level above the Tianjin government, which is the Central Government (given Tianjin’s status as a directly-controlled municipality), and lodged their appeal there. This was also in accordance with the regulations governing the appeals process.

B. Aside from being in accordance with Chinese law, the Falun Gong practitioners’ appeal also complied with CCP regulations.

  • Article 4 of the Constitution of the Communist Party of China states, “Party members enjoy the following rights: …To make suggestions and proposals regarding the work of the Party.”
  • “Regulations Regarding Political Life Within the Party” require that Communist members respect the facts at any time, anywhere, and with regards to themselves or others. They are required to reflect the true situation to the Party at all times.

The reality is that ever since the specter of communism made its way into China and established its power, it has never followed the rule of law or respected morality and justice. Whatever it fears and therefore targets for persecution, the CCP habitually first frames them with sensational crimes and swiftly follows with bloody persecution. That is exactly what it did to Falun Gong practitioners. The law is simply a pretense that the CCP uses to hide its crimes from the light of day. The premise for the establishment of law is to uphold fairness, justice, and upright values, and to prevent the erosion of social order as human morality slides downwards. A good law is one that is in accordance with the concepts of fairness, justice, and being upright, whereas a law that goes against such principles and is reduced to being a tool in the hands of the evil is a wicked law. Indeed, the CCP has established many such wicked laws. It’s worth noting that this article references Chinese laws, the Chinese Constitution, and the Chinese Communist Party’s Constitution not to affirm the CCP, but rather to remind the reader of this simple fact: the CCP has never respected the rule of law, even the bad laws that it made. It has never measured anything with morality, valued rationality, or sought fairness or justice before the law. In the near future, when the CCP faces ultimate judgment, it will have no excuse for its behavior whatsoever.

When the CCP published those documents immediately preceding the mass arrests of practitioners, its sole purpose was to slander Falun Gong and create an environment in which to carry out its heinous deeds. In fact, the leader of the CCP, Jiang Zemin, had declared in April his intention to “eliminate Falun Gong” in a matter of three months.

C: Looking at the three main documents published by the CCP in the first days of the persecution, each had holes in its logic. The “Notice from the Central Committee of the Chinese Communist Party Forbidding Communist Party Members from Practicing Falun Gong” was an internal CCP document, and cannot be used to set general administrative policy. The Ministry of Civil Affairs’ “Decision to Ban the Falun Gong Research Society” only had one relevant piece of jurisdiction in the matter, and that was its claim that the Falun Gong Research Society had not registered itself in accordance with regulations. Even if that were true, according to regulations governing the registration of social groups, not having registered does not amount to a group being illegal. The Ministry of Civil Affairs has no jurisdiction to ban a given group, much less ban the existence of 100 million Falun Gong practitioners and their actions. The “Notice of Six Prohibitions from the Ministry of Public Security” then illegally extended the scope of the Ministry of Civil Affairs’ groundless decision. These two ministries can only publish regulations within their own departments, and has no legislative power. Thus, both documents well exceeded their jurisdiction. In addition, both documents were in direct violation of Article 36 and Article 5 of the Chinese Constitution:

  • Article 36: “Citizens of the People’s Republic of China enjoy freedom of religious belief. No state organ, public organization or individual may compel citizens to believe in, or not believe in, any religion; nor may they discriminate against citizens who believe in, or do not believe in, any religion. The state protects normal religious activities. No one may make use of religion to engage in activities that disrupt public order, impair the health of citizens or interfere with the educational system of the state. Religious bodies and religious affairs are not subject to any foreign domination.”
  • Article 5: “The People’s Republic of China practices ruling the country in accordance with the law and building a socialist country of law. The state upholds the uniformity and dignity of the socialist legal system. No laws or administrative or local rules and regulations may contravene the Constitution. All state organs, the armed forces, all political parties and public organizations and all enterprises and institutions must abide by the Constitution and the law. All acts in violation of the Constitution and the law must be investigated. No organization or individual is privileged to be beyond the Constitution or the law.”

D. Comments made by Jiang Zemin on October 25, 1999, to French newspaper Le Figaro and his editorial published in the October 27 edition of People’s Daily do not amount to establishing Chinese law. However, an informed reader may have inferred that Jiang was referencing a legitimate law in those instances.

E. On October 30, 1999, the Chinese People’s Congress Standing Committee ratified a “Decision to Ban, Safeguard Against, and Punish Cult Activities.” However, it contradicted Article 36 of the Constitution and was also invalid. In addition, the document did not mention Falun Gong. Perhaps the drafters of the document still had doubts about such a decision in the context of conscience and heavenly law.

F. Further documents such as “Explanations from the Supreme Court and the Supreme People’s Procuratorate Regarding the Application of Law in the Handling of Cases Involving Cult Organizations” Part 1 and Part 2 are similarly invalid and pass beyond their jurisdiction. Article 42 of Chinese Legislative Law states that clarifications regarding the appropriate execution of a given law can only be made by the Standing Committee of the National People’s Congress. The Supreme Court and the Supreme People’s Procuratorate have no jurisdiction to interpret the law like it did and also violated Article 36 of the Constitution in the process. In addition, neither of these documents mentioned Falun Gong, either.

G. The aforementioned anti-cult documents are commonly used against Falun Gong in China. However, in 2005, a document issued by the Ministry of Public Security identified 14 religions as cults. This document went beyond the ministry’s jurisdiction and also violated Article 36. Given all of that, the 14 religions referenced in the document still did not include Falun Gong.

Article 300 of the Chinese Criminal Code is the most commonly used way to charge Falun Gong practitioners with a crime. Article 300 establishes “using cult organizations to disrupt the implementation of law” as a crime, which, beyond again contradicting Article 36 of the Constitution, cannot be legitimately applied to Falun Gong even using any of the CCP’s laws, regulations, or codes. In practice, the government organs that have tried to charge Falun Gong practitioners at the behest of the “610 Office” have never been able to legitimately accuse them of an actual crime. Even according to the Chinese Communist Party’s own laws, the persecution of Falun Gong is illegal.

(To be continued)

The Chinese Government Never Officially “Banned” Falun Gong, Part 1

July 18, 2010 | By a practitioner from outside China

(Clearwisdom.net) After July 20, 1999, media and even scholarly works outside of China have often used the words, “The Chinese government has banned Falun Gong since July of 1999.” It is my belief that the Chinese Communist Party has never had a legal basis for its eleven-year persecution of Falun Gong, because the Chinese government never officially banned Falun Gong. I won’t delve into the subject of the current Chinese government’s legitimacy itself since its inception in 1949 for now, but even according to the Chinese government’s own laws, the persecution by the CCP and Jiang Zemin’s gang is illegal.

The first cause of most people’s confusion is seeing the “CCP” and the “Chinese government” as being interchangeable, or even mixing up the head of the CCP with China the country or the Chinese government as an entity. The second cause is that the CCP intentionally uses this term in its propaganda to confuse public opinion. A third cause is a lack of understanding of what it means to ban something in a legal sense.

I’d like to address each of the three causes for confusion.

I. The truth about the “ban”

A. Regarding the term “ban”

A “ban” can be established in one of two ways. The first is to establish a law declaring a certain activity to be illegal, and the second is to issue an administrative decree. Neither method, however, can violate the Constitution, or else the ban itself is illegal.

So let’s take a look at the Chinese Constitution. Chapter 2, Article 35, of the Constitution of the People’s Republic of China states, “Citizens of the People’s Republic of China enjoy freedom of speech, of the press, of assembly, of association, of procession and of demonstration.” Article 36 states, “Citizens of the People’s Republic of China enjoy freedom of religious belief.”

In other words, the Chinese Constitution protects the freedom of belief of Falun Gong practitioners as citizens. In addition to violating the Constitution, preventing Chinese citizens from practicing Falun Gong also violates the UN International Covenant on Civil and Political Rights, which the Chinese government ratified in October 1998. In other words, practicing Falun Gong is not illegal in China, but banning it is.

B. About the “ban” itself

On July 22, 1999, Jiang Zemin, Luo Gan and others broadcasted via CCTV and in the name of the Ministry of Civil Affairs, their “Decision to Ban the Falun Gong Research Society”, “Notice of Six Prohibitions from the Ministry of Public Security”, and “Notice from the Central Committee of the Chinese Communist Party Forbidding Communist Party Members from Practicing Falun Gong.”

None of these three notices, however, amount to Falun Gong being banned by the Chinese government.

The first notice targeted the “Falun Gong Research Society” as an organization, rather than Falun Gong itself. In fact, that ban itself does not stand up. Falun Gong, after approval from the Chinese Qigong Scientific Research Society in 1993, was absorbed as a subordinate entity called the “Falun Gong Research Branch.” Mr. Li Hongzhi concluded the teaching of the practice in Mainland China and outside of China in December 1994 and 1995, respectively. From that point on, Mr. Li focused on research of the Buddha Law and stopped the activity of giving Qigong classes. Accordingly, the Falun Gong Research Society formally petitioned for withdrawal from the Chinese Qigong Scientific Research Society in March of 1996, and upon approval from the Chinese Qigong Scientific Research Society, completed the procedures for its dissolution from the research society. Thus, the Falun Gong Research Society ceased to exist from that point on. How could an entity that was dissolved in March of 1996 be banned in July of 1999?

That declaration by the Ministry of Civil Affairs was banning an organization that had been dissolved more than three years prior. As for Falun Gong itself, it has only the cultivation principles of “Truth-Compassion-Forbearance” and the five exercises. Its cultivators come and go as they please, and there are no membership lists or dues, and it does not have an organization. The principles of “Truth-Compassion-Forbearance” reside in the cultivators’ hearts, and the exercises are carried out by their bodies. No groups or organizations formed by Falun gong practitioners can be equated to Falun Gong itself. So from any angle, one cannot say that Falun Gong itself was ever banned, nor can it be banned.

As for the crimes that the Ministry of Civil Affairs and the Ministry of Public Security branded the Falun Gong Research Society with, they represent typical tactics of the CCP. It can turn fiction into truth and blithely ignore the facts and the law, but expects everyone to follow along, or face its policy to “ruin your reputation, cut you off financially, and destroy you physically.”

The “Notice from the Central Committee of the Chinese Communist Party Forbidding Communist Party Members from Practicing Falun Gong” was an internal communication that applied to Chinese Communist Party members. There are more than a billion Chinese people, but less than a hundred million CCP members. That notice does not decree that “Chinese people” cannot practice Falun Gong. In addition, if one allowed CCP members that are also practitioners to choose between Party membership or being able to practice Falun Gong, many would choose to give up their Party membership. Of course, the CCP only allows members to join or be expelled, but not to leave voluntarily, which is consistent with its cult nature of wanting complete control over people’s thoughts and actions.

The notices by the two ministries are both administrative actions, which are subject to the burden of legal proof of their legitimacy. However, neither ministry has provided evidence of their decrees’ legal basis, thus depriving them of legal legitimacy. The Ministry of Civil Affairs cited the Regulations for the Registration of Social Organizations to render its decision to declare the Falun Gong Research Society to be an “illegal organization.” However, based on the previous note of the Falun Gong Research Society ceasing to exist as of March 1996, it can no longer be declared as an “illegal organization.” In addition, the Regulations cited are quite vague, and do not regulate specific actions of a social organization or have legal jurisdiction, so again the decision to call the research society an illegal organization lacks legal basis. The subsequent “Notice of Six Prohibitions from the Ministry of Public Security” was based on the notice from the Ministry of Civil Affairs, so it suffers from the same lack of legal validity.

To be continued….