Archive for ‘Rule of law’

23/05/2013

* Conservatives counter demands for constitutional rule in China

It seems the ‘gloves are off’ – conservatives versus the President: see last para of this article.

SCMP: “Chinese conservatives have come out to argue against the adoption of “constitutional rule”, a term increasingly used by liberals to demand the realisation of basic human rights guaranteed in the Chinese constitution.

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The nationalistic Global Times in an editorial on Wednesday called such demands “empty political slogans” made by “a group of misled intellectuals”.

These intellectuals wanted to “change China’s course of development”, the paper argued.

“If the entire Western world together can’t muster the might [to change China's course], then a small group of domestic dissenters will be even less able to do so.”

Even though the Chinese constitution in theory guarantees freedom of speech, the press and to demonstrate, and the right to elect and be elected, human rights organisations say such rights are consistently cracked down upon.

Many lament that courts cannot invoke the constitution to protect the civil and political rights of citizens. Nobel Peace Prize laureate Liu Xiaobo has attempted to cite rights guaranteed in the constitution in his trial for “inciting subversion of state power” that led to an 11-year prison sentence in 2009.

When the liberal Guangzhou-based newspaper Southern Weekly called for a realisation of a “constitutional dream” in its traditional New Years editorial in January, censors replaced the text with a more muted version, triggering a rare public strike by journalists.

Democracy activists are often seen holding placards with the Chinese characters for “constitutional rule” in photos shared on microblogs.

The editorial in the Global Times, which ranks among the most widely read dailies in China, comes a day after a Beijing law scholar Yang Xiaoqing wrote an article with similar reasoning for the Communist Party’s bi-weekly Red Flag Magazine.

Citing Marx and Engels, the Renmin University professor repudiated what she called the “old Western” understanding of constitutional rule as an oppressive tool of the – in Marxian terms – capitalist stage of development.

Those with capital use the constitution’s allure to trick those who have nothing into believing that they lived in a fair system, she argued in ideologically orthodox terms. Citing Deng Xiaoping and Jiang Zemin, she predicted chaos for China if the country were ever to come under constituional rule.

In contrast to that chaos, Yang offers a vision of a “Chinese contribution to humanity in regards to constitutional rule” in which China’s People’s Congresses under the leadership of the Communist Party are truly representative of the nation’s people and are able to supervise the judiciary.

While a few people supported her comments, they have predominantely been mocked on microblogs, with thousands of people sharing her photo. Lei Yi, a Beijing-based historian, sarcastically wrote in a microblog post that he was reminded of Stalin and Pol Pot.

President Xi Jinping has repeatedly called for more respect of the constitution since he assumed the leadership of the Communist Party in autumn. “No organisation or individual should be put above the constitution and the law,” he reportedly said at a Politburo seminar in February.”

via Conservatives counter demands for constitutional rule in China | South China Morning Post.

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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.

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.

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“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.

29/04/2013

China: Military license plates no longer allowed on luxury cars, more strictly controlled

Reblogged from China Daily Mail:

Click to visit the original post

China’s PLA (People’s Liberation Army) Daily reported on April 28 that the Chinese Defence Ministry has published a statement that new military license plates have been issued as replacements of old ones, to enhance overall control of military license plates.

In an interview, the person in charge of military transport told the reporter that it aims to prevent:

Read more… 596 more words

Good idea!
16/04/2013

* Henan villagers ‘beaten up by hundreds of rail workers’ over land dispute

SCMP: “Villagers in central China’s Henan province who were protesting a land grab in Huangchuan county said they were beaten up by hundreds of employees from the China Railway 13th Bureau at the weekend.

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The villagers were demonstrating against the bureau, which planned to build a new railway line. They said they were “indiscriminately” attacked on Sunday morning by more than 300 uniformed construction workers with metre-long sticks, news portal Dahe.cn reported on Monday.

The protesters said the attackers spoke in northeastern Chinese accents and destroyed 30 mobile phones of those who had tried to film the incident. A villager’s car was also smashed up.

Police were called in but were “forced to turn back” by the 300 workers, the report said.

More than 10 people were injured and two were still in hospital on Monday.

The land dispute arose after villagers tried to prevent the bureau from acquiring the land for a new line for the Nanjing-Xian Railway. Villagers said the compensation offered to them was too low.

The China Railway 13th Bureau is a large state-owned construction enterprise and subsidiary of the China Railway Construction Corporation. Prior to 1948, it was part of the People’s Liberation Army Railway Corps No 3 Division.”

via Henan villagers ‘beaten up by hundreds of rail workers’ over land dispute | South China Morning Post.

12/04/2013

* China labour camp victim sues local authorities

BBC: “A Chinese woman is suing a local authority who sent her to a labour camp for the loss of her personal freedom.

Tang Hui points out Zhuzhou Baimalong Labour Camp

Tang Hui was sent to a re-education camp by Yongzhou’s local authority for “disturbing social order” last August, state-run news agency Xinhua reported.

She had been campaigning for harsher punishments for the seven men who raped and kidnapped her daughter, and forced her daughter to work as a prostitute.

Her case sparked a public outcry, and she was released after nine days.

Tang Hui is suing the Yongzhou authorities for 1,463.85 yuan ($236, £152) for her detention, Xinhua news agency reported.

She had taken her case to court after the Yongzhou re-education-through labour commission rejected her demand for compensation, Xinhua added.”

via BBC News – China labour camp victim sues local authorities.

13/02/2013

China: Justice at last for criminal defence lawyers persecuted in Beihai

Reblogged from China Daily Mail:

Click to visit the original post

There have been lots of changes since Bo Xilai took over the reigns especially the sweeping anti-corruption drive, the closure of black jails that local governments used to lock up petitioners and informers, the imprisonment of thugs who intercepted petitioners and the payment of compensation to illegally detained petitioner.

For me, however, the most important change is the quick decision after Xi took over of a case in…

Read more… 801 more words

Rule of Law over personal edicts starts to hold sway. About time too.
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.

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