A/HRC/19/58
dissemblance to fraudulently obtain other people’s property, that his actions constituted the
crime of fraud, that the number of fraudulent activities was particularly high and thus
merited punishment. As Zhou’s attempted fraud was not successful, his punishment was
reduced, in accordance with the law. The Shehong People’s Court sentenced him to nine
years’ imprisonment and fined him 80,000 yuan renminbi. Zhou contested the verdict and
lodged an appeal; his appeal is currently being heard in the Suining Intermediate People’s
Court in Sichuan Province. China is a country governed by the rule of law, and the judicial
authorities complied strictly with the relevant legislation and legal procedures in their
handling of this case. The hearings were open and procedures were transparent, and Zhou’s
two appointed defence lawyers were able to present a full defence. There has been no
instance of any ―enforced disappearance‖ in this case. Gao Zhisheng is an ethnic Han male
born on 20 April 1964; in December 2006 he was sentenced to three years’ imprisonment
with a five-year reprieve and one year’s deprivation of his political rights. Following his
period of probation, the public security authorities, acting in accordance with articles 75
and 76 of the Criminal Law of the People’s Republic of China and the Regulations of the
Public Security Authorities regarding the Supervision of Criminals under Surveillance,
Deprived of their Political Rights, Sentenced with Reprieve, on Parole or Temporarily
Released to Obtain Medical Treatment, placed Gao under surveillance. In 2009, following
his release, Gao Zhisheng is working in Urumqi, Xinjiang, where he remains in contact
with his wife, Geng He, who is in the United States, and with other family members in
China. The public security authorities have not taken any coercive measures with regard to
Gao, and there has been no instance of any ―enforced disappearance‖ in the handling of his
case.‖
157. In the third communication, dated 22 April 2010, the Government provided
information concerning one outstanding case. The information provided was not considered
sufficient to lead to its clarification. Its content is as follows: ―Receipt is hereby
acknowledged of communication No. G/SO 217/1 and G/SO 214 (56-23) CHN 5/2010
dated 8 March from the Chair-Rapporteur of the Working Group on Enforced or
Involuntary Disappearances and the Special Rapporteur on freedom of religion or belief of
the United Nations Human Rights Council, containing an urgent appeal. The Chinese
Government has looked carefully into the matter referred to in the communication and
wishes to make the following reply: First, Jiang Feng is an ethnic Han male, born on 14
March 1968, whose current address is Anhui Province, Hefei, Luyangqu, Tongchenglu No.
136. In December 1999 he was sentenced to three years’ imprisonment for organizing and
making use of a cult to undermine the law. In December 2002, he was released upon
completion of his sentence. Having served his sentence, Jiang showed no repentance and
continued to use the Falun Gong cult to carry out illegal activities. On 18 February 2010, as
he was preparing to board flight CO 086 at Shanghai’s Pudong Airport, to go to the United
States, he was stopped by the border inspection service and detained by the public security
authorities on criminal charges. On 20 February he was returned to Hefei, in Anhui
Province, for investigation. The public security authorities ascertained that he had indeed
made use of a cult to perform illegal activities. On 9 March, the People’s Government Reeducation through Labour Committee of Hefei sentenced him to one year and six months of
re-education through labour and so informed his father, Jiang Haichao. Jiang Feng and his
family never appealed or challenged the decision in writing. Secondly, the Chinese
Government wishes to reiterate that Falun Gong is not a religion. It is a cult of the worst
kind. It makes use of the devious heresies it supplies to its practitioners to brainwash people
into extremism, violating human rights, mutilating lives, undermining society and
conducting a wide range of illegal and criminal activities. If the Chinese Government has,
in accordance with the law, prohibited the Falun Gong organization, it is to protect the
fundamental rights and freedoms of the people and to uphold the Constitution and the
sanctity of the law. For the overwhelming majority of Falun Gong followers who have been
swindled and cheated, the Chinese Government remains committed to conducting patient
39
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