Copy of Administrative Complaint by Agent: Lawyer Sui Muqing on behalf of Plaintiff: Chen Jianguo



Monday, May 3, 2021






P.R.C Court Insignia.
 (Photo: Creative commons)

(Guiyang, Guizhou Province—May 03, 2021) As an "Agent" on behalf of "Plaintiff," Chen Jianguo, 
Lawyer Sui Muqing filed the following "Administrative Complaint" in Guiyang City Yunyan District Court:



Administrative Complaint

Plaintiff: Chen Jianguo, Male, Han Ethnic Group

Defendant 1: Guiyang City Yunyan District Bureau of Ethnic and Religious Affairs (hereinafter called BERA), Legal Representative: Director Zhang Lu

Defendant 2: Guiyang City Bureau of Public Security Yunyan District Branch

Legal Representative: Director Lin Chao


Litigation requests:

1. It should be confirmed pursuant to laws that it is illegal that Defendant 1 registered the plaintiff’s ID and queried the plaintiff. Defendant 1 should be ordered to apologize to the plaintiff publicly.

2. It should be confirmed pursuant to laws that Defendant 2’s verbal summon to the plaintiff violates laws, the punishment of three-day administrative detention given to the plaintiff breaks laws, rejection of delivering the administrative penalty decision violates laws, and it should be ordered that the punishment decision should be rescinded. It should be confirmed pursuant to laws that it is illegal to search the plaintiff’s home and confiscate possessions, and it should be ordered that confiscated stuff should be returned. It should be ordered that Defendant 2 should apologize to the plaintiff publicly and give the plaintiff 10,000 yuan [1,545 USD] compensation.

3. The two defendants should pay for the filing fee of the lawsuit.

Facts and Reasons: Plaintiff is a Christian.

On Tuesday March 16, 2021, around 9 am, more than 20 people including personnel of Defendant 1’s Yunyan District BERA and Defendant 2’s Yunyan District Bureau of Public Security State security officers and Yanzhong Police Station police officers broke into the room while Plaintiff was attending a Bible study, “Retreat,” organized by Christians at 26 Zhonghua North Road, Yuli Plaza Building B Floor 17 Room 1702, Yunyan District. First, personnel of Defendant 1’s Yunyan District BERA illegally wrote down the ID information of individuals present on site and queried them; then 10 people including Plaintiff, Li Lin, Li Jinzhi, and others were forcibly taken to Yanzhong Police Station on the charge of “illegal rallying."

Around 5 pm, Zhang Chunlei, the elder of Ren’ai Reformed Church, went to the police station and negotiated with BERA and police, requesting that Plaintiff and others be released. Police officers of Defendant 2 were rude and refused to free the plaintiff and others. Additionally, police announced verbally at 7:30 pm that 11 people including the plaintiff and Elder Zhang Chunlei were summoned, asking the plaintiff and others to hand in the belongings they carried. Elder Zhang Chunlei questioned the legitimacy and justifiability of Defendant 2’s action immediately and criticized the rude demeanor. Defendant 2’s police were infuriated and handcuffed the plaintiff, Zhang Chunlei, Li Lin, and Li Jinzhi behind their backs, transported them to Yunyan district Hospital for a quick physical exam, and then transported them back to Defendant 2’s case-processing center at 11 pm.

On March 17 from 1 am to 3 am, after the plaintiff had been handcuffed behind his back for several hours, Defendant 2’s police interrogated Plaintiff and announced that he would be administratively detained for three days on a charge of “illegal rallying” (the reason listed on the certificate of release from detention is “illegally organizing/attending events in the name of social organizations." Afterwards, Plaintiff was transported to the detention center and detained there.

After being released, Plaintiff learned that Defendant 2 illegally searched his home during his detention. On March 18 at 11:30 am, Defendant 2 confiscated three laptops, two computer hard discs, the church’s baptismal records, hymnals, etc., and refused to issue an inventory of confiscated items.

Defendant 2 gave Li Lin and Li Jinzhi three-day administrative detention penalties, searched their homes, and confiscated their possessions illegally while administratively detaining the plaintiff. The worst is that although Elder Zhang Chunlei’s 11-day administrative detention was over, Defendant 2 detained Elder Zhang Chunlei on a charge of “fraud.” Plaintiff repeatedly asked Defendant 2 to issue him the written decision of administrative detention penalty, but was told each time that it was mailed and delivered. As no tracking number has been provided, Defendant 2, in fact, illegally refuses to deliver the written decision of administrative detention penalty.

To sum up, Plaintiff reasons that Defendant 1 Yunyan District Bureau of Ethnic and Religious Affairs abused the administrative power by forcibly writing down Plaintiff’s ID and querying him.

Defendant 2 Yunyan District Bureau of Public Security’s administrative detention of Plaintiff on the charge of either “illegal rallying” or “illegally organizing/attending events in the name of social organizations” is groundless from the perspective of laws, Defendant 2 has violated the regulations regarding citizens’ rights which the Constitution and laws protect, has infringed Plaintiff’s freedom of religion, his and right to personal freedom. In the meantime, Defendant 2 breaks laws, abuses power, misuses police power, retaliating and threatening law enforcement on the plaintiff. These actions have harmed the plaintiff mentally and physically. Therefore, pursuant to the administrative procedure law, Plaintiff files this suit [to the court] on Defendant 1 and Defendant 2. Please handle this petition with justice and make [issue a] verdict as requested.


Regards,

Guiyang City Yunyan District Court

Plaintiff: Chen Jianguo

Agent: Sui Muqing


Previous ChinaAid posts regarding Lawyer Sui Muqing and Chen Jianguo:



https://www.chinaaid.org/2021/04/part-2-court-rejects-guiyang-renai.html



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For the Lord loves justice, 
And does not forsake His saints; 
They are preserved forever, 
But the descendants of the wicked shall be cut off.
                                                                             ~ Psalm 37:28 (NKJV)
                                                                                  


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