The Epoch Times recently obtained a document classified as “top secret” by Chinese authorities. It exposed that China’s judicial and public security systems have been committing the crime of genocide against Falun Gong practitioners for nearly 20 years.
The document is a “judicial opinion” jointly issued on Nov. 30, 2000 by five departments: the Supreme Court, the Supreme Procuratorate, the Ministry of Public Security, the Ministry of National Security, and the Ministry of Justice.
It clearly stipulated that “political and legal departments at all levels must resolutely implement the important instructions of” then Party leader Jiang Zemin to crack down on Falun Gong, and listed various charges and punishments targeting different actions of Falun Gong practitioners.
For instance, when Falun Gong practitioners print and distribute Falun Gong flyers, the charge would be “inciting subversion of state power;” and the second stipulation of Article 105 of the Criminal Law will be applied. When a practitioner exposes the arbitrary arrest, imprisonment, forced labor, and torture of Falun Gong practitioners by the Chinese authorities, the charge would be “defaming Party and state leaders,” and Article 246 of the Criminal Law will be applied.
It also claimed that any cases involving Falun Gong are not only legal cases, but also highly political in nature, requiring that “all levels the political and legal departments must cooperate closely under the unified leadership of the Party committee,” as well as “strictly conform to central authorities’ policies.”
“The CCP’s crackdown on Falun Gong is not a legal act. Instead, it is a political campaign implemented by the Chinese government. It really doesn’t have much to do with law [enforcement]. It’s just that the CCP uses its judicial and public security systems to implement this brutal political suppression. In other words, the judicial and public security systems act as henchmen and engage in the persecution in the name of implementing laws.”
A Chinese lawyer under the pseudonym Liu Ping was shocked when he saw this judicial opinion. He told The Epoch Times that this top-secret document was a judicial declaration of war initiated by the CCP against Falun Gong groups. It could serve as evidence of war crimes and genocide.
Chen Jiangang: “This so-called judicial opinion is by no means the practice of the law. It does not have any feature or effect of a legal document. Instead, it should be designated as an illegal document. As a top secret document, it also reveals that the five departments involved, the Public Security Bureau, the Ministry of Security, and the Ministry of Justice, etc, are all engaged in criminal and illegal activities, because the existence of this document tells us how they came up with this decision. Basically, the leaders of the five departments had a meeting where they used their power to initiate a bloody persecution. This group of people inside the CCP are the real criminals.”
Liu Ping also pointed out that the issuance of this document by the five departments in itself is illegal because they don’t have the legislative authority to do so. In particular, the fact that it was classified as a secret document and could not be openly announced further demonstrated its illegal nature.
He said legal documents must be publicized for the rules and regulations to take effect and enforce compliance. This kind of “secret legislation” tells everyone that it lacks the authority of the law and that they are carrying out the persecution underhandedly, which is by no means noble and dignified law enforcement.”
Chen Jiangang: “In both the issuance of this document and the persecution of Falun Gong that began in 1999, what is implemented is not the law, but Jiang Zemin’s personal will. In this document, the most frequently used keywords are ‘suppress’ and ‘crack down,’ these words embody lawlessness.”
The document also demanded the application of Article 300 of the Criminal Law on Falun Gong practitioners’ group practice and experience sharings, designating the activities as “using a cult organization to undermine law enforcement.”
Chen Jiangang pointed out that according to China’s Criminal Law, a criminal act must meet at least five criteria to be designated as “undermining law enforcement,” but in reality, Falun Gong practitioners’ group study and exercises have nothing to do with these five criteria.
Chen Jiangang: “Until today, there is no specific law in China that clearly designates Falun Gong as a cult. We have defended Falun Gong practitioners for many years, in all court debates, no prosecutor or judge could prove that China once designated Falun Gong as a cult, as they could not provide any legal basis for such a designation.”
Chen has been defending Falun Gong practitioners for many years. He said that the more cases he handled, the more he came to understand the cruelty and the lawlessness of the CCP. It is the CCP that is violating the law, and it is precisely the CCP’s public security, prosecutors, and judicial system that undermine the implementation of the law. The true nature of the secret document is brutal persecution, and the five departments have carried it out to the fullest extent.