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SMHRIC New York
The following is a
paraphrase of an orally dictated testimony from Hada to his wife
Xinna during her visit to the Inner Mongolia Prison No.4 on March
18, 2008. The original testimony written in Chinese by Hada was
confiscated by the prison authorities. The paraphrase was written by
Xinna in Chinese and sent to the Southern Mongolian Human Rights
Information Center. In the testimony Hada challenged the Chinese
authorities' accusation of "splitting the country and engaging in
espionage" and urged the authorities to re-try his case in a just
manner :
Regarding the crime of splitting the country:
Splitting the country refers to the act of an organization to plot
and implement splittism and sabotage to a country. However, I am an
ordinary intellectual and a manager of a private bookstore who did
not commit any concrete actions fitting the conditions of the crime
of splitting the country.
The referendum I referred to was not intended for the current social
condition. It referred to a referendum that will take place in a
future democratic China. Referendum is a common practice of the
modern world to address nationality questions. For example,
secession of Quebec in Canada and reunification of West and East
Germany were addressed through a referendum. No country in the world
sees the call for a referendum as a crime.
The Southern Mongolian Democratic Alliance is a social entity, not
an anti-revolutionary clique. Freedom of association is a legal
right of citizens guaranteed by the Constitution. Therefore, it
should be protected by the Constitution.
There is no term called the "crime of anti-revolutionary and crime
of splitting the country" in China’s existing or previous Criminal
Acts. We must ask who invented this crime? This itself is an illegal
act.
To constitute the "Crime of Splitting the Country", first of all,
there must be an act of armed insurrection which I have never
carried out. Therefore, the objective condition of the Crime of
Splitting the Country is apparently not satisfied. By no mean does
it constitute a crime.
Therefore, any country in the world that has a sense of justice
would not consider me a criminal. Only the Chinese Government sees
me as a criminal, sentenced me to a long jail term. I have been
framed and all my appeals have been ignored.
Lian Zhan of Taiwan should be considered as a criminal then. But he
has not been punished but been seen as the guest of honor by Hu-Wen
Administration.
Even though the "Ethnic Minority Region’s Autonomy Law" has been
issued, the government leaders of China and the Inner Mongolia
Autonomous Region, especially the ethnic Chinese leaders, have never
taken it seriously as a law. Therefore, our rights have frequently
been violated. Mongols are afraid to express their thoughts.
In terms of autonomy issue, modern international laws clearly state
to uphold "nationality self-determination". I believe the Mongols as
an nationality should also have the right to self-determination.
However, I did not say to implement it today, but in the future.
Therefore, I have not violated any law.
Regarding the issues of training courses and publication, it was
sound in nature and small in scale. In fact, I and Tegexi (who was
sentenced to 10 years in jail at the same time --- note by SMHRIC)
had never participated in these activities. Heilong, Changming and
Chen-haishan had directly participated in, but were released, which
proves that this is not an illegal act. Therefore, the allegation
against me is also groundless.
Regarding the Crime of Engaging in Espionage:
I have never passed on any classified document to any foreigner.
I have never received a dollar from any foreigner. Indeed, I had
some dollars, but that was earned from my bookstore business. During
the interrogation, I was forced to admit that I did so. Otherwise,
they would not stop the torture. Now, I am telling you the truth. If
you do not believe, please show me the evidence.
The reason why I was so interested in the Inner Mongolia Autonomous
Region Party Committee issued Document No.13 1994 was to uncover the
inconsistency between the Communist Party ethnic policy doctrine and
its actual implementation. This document helped me understand that
it has been playing the leading role of policy and everything else
is just an empty promise.
Document No.13 was not classified at all. It was widely disseminated
among the faculties and students of the Inner Mongolia Normal
School. Most of the students are, like myself, non-Party members. On
the other hand, there were many hand-written variations and what I
saw was also a hand-written copy.
The Constitution of China clearly states that no one shall exercise
ethnic discrimination and ethnic repression. However, the Party
Committee of Inner Mongolia Autonomous Region has cooked up a
document that is full of ethnic repression contents. It is
intolerable that those who made it up have never been prosecuted but
have been given the right to abuse the power to frame others like
myself.
Regarding the court decision:
The court decision says that the prosecution’s evidence was ALMOST
sufficient. Can this satisfy the conditions for any of the four
types of punishment – detention, placing under surveillance, setting
a term of imprisonment and life imprisonment? Or does this satisfy
all of these four? Why does this happen? This is definitely not
unintentional. The reason is very simple: I am not guilty!
Therefore, I strongly urge the Supreme Court to re-try my case and
my innocence will be proved.
I firmly believe the responsible parties including the Public
Security Bureau, Procuratorate, and the Court must be brought to
justice if my case is fully redressed. Those political leaders who
orchestrated my arrest must also be held responsible. Meantime,
cases of all those arrested should be redressed and the victims
should be compensated. My bookstore should also be compensated
accordingly.
As far as the prison authorities are concerned, they have constantly
employed cruel torture, brutal corporal punishment, and
ill-treatment during these 11 years, causing me irreparable
consequences. They asked inmates to beat me, confiscated my large
amount of belongings and properties, and destroyed their large
amount of criminal evidence. All these criminal activities must be
thoroughly investigated by the Supreme People’s Court. I will
provide evidence and oral accounts.
So far, law enforcement personnel have violated these laws and
related regulations:
a) Constitution and Criminal Law; b) Criminal Investigation Law; c)
Police Law; d) Compensation Law; e) Procuratorate Organizational
Law; f) Judge Law; g) Procuratorator Law; h) Court Organizational
Law; i) Prison Law; j) Anti-stimulant Act.
The Chinese Government has violated international conventions
including laws and regulations against torture and cruelty….. (
here, our phone conversation is disconnected. )
English translation by SMHRIC
http://www.smhric.org/Latest_A.htm
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