Archive for ‘Justice’

14/05/2013

* China issues white paper on human rights

China Daily: “The Chinese government on Tuesday released a white paper detailing the progress made in human rights in 2012, stressing its achievements in improving living standards and increasing room for citizens to express their opinions.

Human Rights in China (organization)

Human Rights in China (organization) (Photo credit: Wikipedia)

“The cause of human rights in China has entered a stage of planned, sustainable, steady and comprehensive development,” says the white paper, published by the State Council Information Office under the title “Progress in China’s Human Rights in 2012.”

Development is the key to solving all existing problems and facilitating the progress of human rights in China, the paper says.

China has combined its human rights endeavors with economic, political, cultural, social and ecological construction, it said.

The country has prioritized people’s rights to subsistence and development and made efforts to promote the comprehensive and balanced development of their economic, social and cultural rights, as well as their civil and political rights, it notes.

“After years of unremitting efforts, China has reached a higher level in terms of people’s living standards, democracy, rule of law, cultural development, social security and environmental protection,” says the white paper.

In 2012, the annual per capita net income for both urban and rural residents increased, hefty investment was directed to poverty reduction programs, housing conditions were improved for both urban and rural residents and the state made proactive efforts to boost employment, according to the white paper.

Practical measures have been taken to ensure citizens’ right to know and right to be heard, according to the white paper.

Deepened reform and the rapid development of information technology have given the public greater power to acquire information and express their opinions, it notes.

The creation of the Regulations on Government Information Disclosure has helped establish a system for disclosing information, the white paper says.

In 2012, more than 90 central government departments made their budgets and expenses for official receptions, vehicles and overseas trips known to the public. The Communist Party of China (CPC) continued to press ahead with making Party affairs public and established a spokesperson system for Party committees, the paper says.

The Internet has become an important channel for citizens to exercise their rights to know, participate, be heard and supervise, as well as become an important means for the government to hear public opinions, according to the white paper.

Democracy building at the grassroots level further expanded citizens’ right to participate, the paper says.

By the end of 2012, direct elections had been held for over 98 percent of village committees across the country, with participation reaching 95 percent.”

via China issues white paper on human rights |Politics |chinadaily.com.cn.

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08/05/2013

* Detention of petitioners denounced

China Daily: “Anti-graft officials vow protection of whistle-blowers from retaliation

Officials with China’s top anti-graft authority expressed firm opposition on Tuesday to the detention of petitioners.

Authorities are not allowed to detain petitioners at any level of petition offices and at public venues, said Zhang Shaolong, deputy director of the office of letters and calls of the Central Commission for Discipline Inspection of the Communist Party of China.

It is a legal channel for petitioners to submit whistle-blowing materials face to face to the anti-graft authorities, and the petitioners should receive a warm welcome from anti-corruption agencies, he said.

Zhang made the remarks on Tuesday during an online interview with two other anti-graft officials from the commission.

Under the administrative mechanism in most places, the leading officials will not get promoted if too many petitioners appeal to higher authorities.

Many corrupt officials were exposed by online posts, Zhang said, adding that some inaccurate online information has also made the investigations of corrupt officials difficult.

Among all the cases investigated by the commission last year, about 41.8 percent of the clues were collected from the public whistle-blowers through online reports, letters and calls, Zhang said.

Guo Hongliang, Zhang’s colleague who also attended the online interview, said that the commission has received 301,000 online whistle-blowing reports from 2008 to 2012.

The commission established 12388.gov.cn, its online whistle-blowing website, in October 2009, and the Internet has become one of the most important channels for the commission to collect information, he said.

Deng Jixun, another colleague of Zhang who attended the interview, said that real-name whistle-blowing activities should be encouraged to promote the efficiency of anti-corruption work.

The anti-graft authorities should protect real-name whistle-blowers from being victims of retaliation, he said.

Zhang acknowledged that some officials try to prevent people from petitioning to higher levels of government, and these officials’ behavior should be firmly opposed.

A report in People’s Daily revealed that many petitioners had been detained by the government of Hai’an county in Jiangsu province since March when they tried to visit the anti-graft officials from an inspection team sent by the provincial government.”

via Detention of petitioners denounced |Politics |chinadaily.com.cn.

07/05/2013

* China’s Supreme People’s Court judge urges end to wrongful convictions

SCMP: “One of China’s most senior judges has called for an end to miscarriages of justice by the nation’s courts after two cases of wrongful convictions have highlighted inadequacies in its legal system.

china-politics-shanghai-corruption_bej211_5089113.jpg

“If more of these wrongful criminal convictions appear, they will become an unprecedented challenge to the People’s Courts,” Shen Deyong, the executive vice-president of the Supreme People’s Court, wrote in the People’s Court Daily on Monday.

The paper is the court’s official mouthpiece.

“It’s preferable to release someone wrongfully, than convict someone wrongfully,” he said. “If a true criminal is released, heaven will not collapse, but if an unlucky citizen is wrongfully convicted, heaven will fall.”

Criminal trials in China had a conviction rate of 99.9 per cent in 2009, according to the latest China Law Yearbook. In recent months, several murder cases have raised public ire against the judicial system.

Zhejiang’s provincial supreme court on March 26 overturned a decade-old death sentence with two-year reprieve and a 15-year prison sentence for two men convicted on murder charges for killing a woman in Hangzhou.

Caixin in April reported on the ordeal of a farmer wrongfully sentenced to death with reprieve in 2008 in Zhecheng, Henan province. Also in Zhecheng, convicted murderer Zhao Zuohai gained prominence in 2010, when his purported victim returned to the village and Zhao’s death sentence had to be overturned.

Last year, Henan started to hold judges responsible for their rulings even after retirement to reduce the number of miscarriages of justice.”

via Supreme People’s Court judge urges end to wrongful convictions | South China Morning Post.

01/05/2013

* China’s new mental health law to make it harder for authorities to silence petitioners

SCMP: “The director of Xinjiang‘s largest mental health institution has welcomed a new law, which went into effect on Wednesday, banning involuntary inpatient treatment for many people deemed mentally ill.

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“Seventy to 80 per cent of the patients have been forcibly admitted to the hospital,” said Xu Xiangdong, director of the Fourth People’s Hospital in the regional capital Urumqi, the Yaxin online news portal reported on Monday.

“Because of this increased consideration for patients’ rights, [the figures] will change fundamentally,” he said, adding that it would put an end to frequent episodes of people being wrongfully declared mentally ill.

The new law, which has been debated for a quarter of a century, is meant to crack down on local authorities aiming to silence petitioners and troublemakers by arbitrarily declaring them mentally ill and locking them up in mental health wards.

Under the law, patients must first give their consent to being hospitalised, except in cases in which they could harm themselves or others.

If patients are still forcibly confined, they or their guardians have the right to seek a second opinion. Forced hospitalisations for reasons other than severe mental illness are banned.

Last week about 200 health practitioners from the region were sent to Xu’s hospital to be trained in the new provisions on patients’ rights stipulated by the new law, the Xinjiang Daily reported.

Two million people in Xinjiang live with mental disabilities, Xu estimated, amounting to more than 9 per cent of the population in the economic backwater of China’s remote northwest.

That compares with almost 8 per cent of China’s population diagnosed with some form of mental illness, according to the Ministry of Health in 2011. A largescale 2009 study estimated a much higher national average at 17.5 per cent.

In Xinjiang, authorities have not been able to provide adquate resources to deal with the increasing number of people living with mental disorders. Xu told the Yaxin portal in 2011 that the number of mentally ill patients had increased by 20 to 30 per cent annually over the last years.

In Monday’s report, he said less than 5 per cent of the two million mentally ill could receive treatment because of a lack of resources and trained staff.

Two years earlier, the regional government had reported plans to build 15 new mental hospitals and to expand current ones. Until now, only one additional hospital in Kashgar has been completed, the Yaxin report said.

In March, a gruesome murder of a seven-year-old Uygur boy by a Chinese man has caused tensions among ethnic communities in the Turpan prefecture east of Urumqi. The man had been declared mentally ill to prevent ethnic revenge attacks, locals told Radio Free Asia.”

via China’s new mental health law to make it harder for authorities to silence petitioners | South China Morning Post.

09/02/2013

* China to compensate woman for detention in old morgue

China seems determined to allow its citizens to petition central government and to stop local authorities from preventing this from happening.

Reuters: “China will compensate a woman who was held in a disused morgue as punishment for going to Beijing to petition against her husband’s jailing, state media said on Friday, in an unusual case of the government overturning an extra-judicial detention.

Chen Qingxia was held for three years in an abandoned bungalow once used to store bodies in northeast China’s Heilongjiang province after being abducted from Beijing by security officials, the official Xinhua news agency reported.

She had gone to the capital to seek redress for her husband, Song Lisheng, whom she said had been mistreated while serving an 18-month sentence at a re-education through labor camp, Xinhua added.

While China routinely dismisses Western criticism of its human rights record, the government does respond to some abuses, especially the more egregious ones reported by domestic media, in an effort to show that authorities are not above criticism

Chen’s plight came to public attention in December after media reported that people found posters she had put on a window of the building pleading for help, it said.

Four officials, including three police officers, had been fired in connection with the case, Xinhua added.

The government will pay medical bills and living expenses for her and her husband and step up efforts to find their young son, who became separated from Chen when she was abducted in Beijing, it said.

The amount of compensation has yet to be decided.

Chen’s case is the second reported in a week of the authorities taking action over illegally detained petitioners. A court in Beijing sentenced 10 people to up to two years in jail for illegally detaining petitioners from another city, state media said on Tuesday.

Petitioners often try to take local disputes ranging from land grabs to corruption to higher levels in Beijing, though only small numbers are ever able to get a resolution.

In many instances, they are rounded up by men hired by provincial authorities to prevent the central government from learning of problems in outlying regions, forced home or held in “black jails“, unlawful secret detention facilities.”

via China to compensate woman for detention in old morgue | Reuters.

25/01/2013

* China detains woman at disused mortuary for three years

BBC News: “China detains woman at disused mortuary for three year

A Chinese woman who petitioned the authorities over the treatment of her husband at a labour camp has been detained at a disused mortuary for the past three years, state media report.

An SVG map of China with Heilongjiang province...

An SVG map of China with Heilongjiang province highlighted in orange and Yichun city highlighted in red Legend: File:China map legend.png (Photo credit: Wikipedia)

Chen Qingxia had already served 18 months at a re-education camp for her campaign, but continued to fight and so was confined to the mortuary.

Reports of her ordeal in the province of Heilongjiang have triggered an outcry on social media.

Ms Chen is said to be in poor health.

But correspondents say that it looks likely that restrictions on her will be relaxed soon – a committee has been formed in the city of Yichun to re-examine her case.

There has also been some speculation in recent weeks that the Chinese authorities might reform or rethink its system of re-education through labour.

Ms Chen’s ordeal began in 2003 when her husband was imprisoned for attempting to breach a quarantine during a Sars epidemic, according to the Global Times newspaper.

After he was freed, media reports say, his body was bruised and his mental health had deteriorated so much that Ms Chen decided to travel to the capital, Beijing, to complain to the central authorities about the treatment he had received.

The move led to her being put through a re-education camp for 18 months. After finishing the sentence, she was kept in the mortuary because she was still determined to continue her campaign.

A China National Radio report says that Mrs Chen has been allowed minimal contact with relatives.

Her husband was eventually admitted to hospital for treatment for his mental-health problems, the Global Times said.

The Communist Party’s district chief has been quoted by local television as saying local officials should bear responsibility for Mrs Chen’s treatment.”

via BBC News – China detains woman at disused mortuary for three years.

01/01/2013

* Reform now or there’ll be a revolution, Chinese leaders told

The Times: “China faces the prospect of “violent revolution” if the Government fails to implement political reform, a group of prominent intellectuals is warning six weeks after the country’s change of leadership.

Liu Xia was filmed in her house as activists pushed past the guards

The call, from 73 of China’s leading scholars, came as dramatic footage emerged yesterday of activists pushing past security officials to reach Liu Xia, the wife of the Nobel Prizewinning dissident Liu Xiaobo.

In a pointed open letter, the academics warn: “If reforms to the system urgently needed by Chinese society keep being frustrated and stagnate without progress, then … China will again miss the opportunity for peaceful reform, and slip into the turbulence and chaos of violent revolution.”

Drafted by Zhang Qianfan, a Law Professor at Peking University, the letter has garnered signatures from such prominent figures as Zhang Sizhi, a lawyer who is known in China as “the conscience of the legal world” and is best known abroad as the man who defended Mao Zedong’s widow at her 1980 trial. Other well-known signatories include Hu Xingdou, a noted economist at the Beijing Institute of Technology, and Jiang Ping, the former dean of the Chinese University of Political Science and Law.

The letter was circulated on the internet but was quickly removed from Chinese news sites, and links to it have been removed from Mr Zhang’s profile on the microblog Weibo.

Entitled “An Initiative on Reform Consensus”, it has echoes of Charter 08, a manifesto published in 2008 calling for the protection of human rights and an end to one-party rule. The main author of that manifesto, Liu Xiaobo, was arrested on charges of subversion and sentenced to 11 years’ imprisonment in December 2009.

In a separate development Hu Jia, one of China’s leading dissidents, broke through a security cordon to enter the apartment of Mr Liu’s wife, who has been kept under house arrest since her husband won the peace prize. In a video clip of the confrontation, which was posted on YouTube yesterday, a security official is shown telling Mr Hu and two other activists that it will not be possible for them to see Ms Liu. In response, the three force their way past, saying: “Who are you to tell us it’s not possible?”

Although the petition, signed by the 73 academics last week, raises the spectre of violent revolution, the demands made are not as radical as those found in Liu Xiaobo’s 2008 charter. The signatories to the latest letter urge China’s new leaders to rule according to the country’s constitution. In particular, the letter underlines the Government’s duty to protect freedom of speech, the press and the right to demonstrate, to deepen market reform and to allow for an independent judiciary.

These advocates of reform may have been encouraged by signals sent out by Xi Jinping, China’s new leader, who succeeded Hu Jintao as General Secretary of the Communist Party in November.

Commentators have noted Mr Xi’s easy-going style compared with his predecessors and his decision to do away with red carpets for officials.

He has been quoted in the state press saying: “The Government earnestly wants to study the issues that are being brought up, and wants to perfect the market economy system … by deepening reform, and resolve the issues by strengthening rule of law.”

Judged by actions, the signals sent out by the new government have been mixed. An apparent easing of internet searching restrictions, during which it was possible to search Chinese microblogs for the names of top officials for the first time in months, was followed by legislation that critics say will discourage free commenting online by requiring real-name registration for internet users.

Similar hopes that Mr Hu would prove to be a reformer, which were aired when he first took office, were later dashed by years of stagnation on political reform, a period that has come to be known by many as the “lost decade”.”

via Reform now or there’ll be a revolution, Chinese leaders told | The Times.

24/11/2012

* Guizhou man who broke tragic story of dumpster boys sent on ‘vacation’

Two steps forward, one step back OR is it one step forward , two back?

SCMP: “A former journalist who broke the story of the deaths of five street children in Bijie, Guizhou, a week ago has been sent on “a vacation” by local authorities trying to contain the fallout from the tragedy.

Li Muzi, the son of Li Yuanlong, said his father had been taken away by the authorities at 1pm on Wednesday and put on a plane at Guiyang airport for “a holiday” at a tourist destination he did not want disclosed.

“My father told me he received several phone calls before he was taken away from home,” said Li Muzi, who is studying in the United States. He keeps in contact with his father over the internet and by phone. “Apparently they are trying to prevent him from helping other reporters follow up on the incident.”

Li Yuanlong, a former Bijie Daily reporter, has written four postings on Kdnet.net  – a popular online bulletin board on the mainland – since last Friday  detailing the circumstances that led to the five boys’ deaths in a wheeled refuse bin in Bijie’s Qixingguan district that morning.

The victims, all brothers or cousins aged nine to 13, died of carbon monoxide poisoning after lighting a fire in the bin to escape the cold, according to an initial investigation by the city government.

Follow-up reports by mainland media that accused the local authorities of failing to act on parents’ pleas about the five missing boys for more than a week triggered a huge outcry.

Li Muzi said he spoke to his father around 9am yesterday and his father had asked him to delete a microblog entry he had written about  the  disappearance. He said his father was worried it could have a bearing on how long he would be kept away from home.

Li Fangping, a Beijing-based lawyer who has asked the Bijie city government to provide more information on its handling of the  boys before their deaths, said the local authorities had violated the law by  ordering Li Yuanlong’s disappearance.

“It’s the same kind of overkill in the name of stability maintenance that we saw in the lead-up to the Communist Party’s 18th national congress,” he said.

“What we’re seeing now is at odds with the harmonious and beautiful China that new leadership tries to project to the world.”"

via Guizhou man who broke tragic story of dumpster boys sent on ‘vacation’ | South China Morning Post.

See also: http://chindia-alert.org/2012/11/23/assistance-mechanism-set-up-after-street-kids-death/

22/11/2012

* Lone stand against wrecking ball

Even China cannot stop the determined individual protester. But this situation highlights the many protests against inadequate compensation for having to move home. The interesting thing about this post is that the source is China Daily, a state-sponsored news website.

China Daily: “An isolated five-floor building is standing in the middle of a new road that will soon be open in Wenling, Zhejiang province, the People’s Daily reported.

Lone stand against wrecking ball

A family from Xiazhangyang village insists on living on the isolated building, because they are not satisfied with the relocation compensation offered by the government, the neighbors said, according to the captions of the photos taken on Wednesday.

To guarantee their safety, neighboring rooms next to them are being kept from demolition, though the neighbors all moved out.

The road, which leads to the Wenling Railway Station, hasn’t been put into use yet.”

via Lone stand against wrecking ball[1]|chinadaily.com.cn.

17/11/2012

* Four killed in fresh Assam violence; curfew continues in Kokrajhar

Despite the appearance of ‘unity in diversity’, India seems to be continually beset with violent tensions; by Maoists/Naxalites, by ethnic groups and borderland disaffection.

Times of India: “Bodoland area in lower Assam witnessed fresh trouble with the killing of four persons by armed assailants in Jiaguri even as police arrested a member of Bodoland Territorial Autonomous District in connection with the killing.

The assailants fired randomly on a group of persons at Jiaguri in Kokrajhar police station in which four persons were killed late on Friday night, inspector general of police (BTAD) S N Singh said.

“Monokumar Brahma alias Jalja, a member of BTAD, was arrested early today in connection with the killing,” he said.

“Two AK-47 rifles, magazines of AK-47 rifles and 60 rounds of assorted ammunition were seized from his bedroom. He is currently being interrogated,” he said.

Indefinite curfew has been continuing in Kokrajhar district as violence flared up in the area again, the police said.”

via Four killed in fresh Assam violence; curfew continues in Kokrajhar – The Times of India.

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