Archive for ‘Illegal practices’

17/09/2013

China Communist Party investigators tried over drowning

The Communist Party of China seems to be trying hard to apply the ‘rule of law’ to its own cadres.  Must be a good thing.

BBC: “The trial has begun in China of six Communist Party officials accused of causing the death of a man who drowned after his head was repeatedly plunged in icy water during an investigation.

File photo: Yu Qiyi poses for a photo at an exhibition held at a hotel in Beijing, 2 September 2012

Yu Qiyi, the chief engineer of a state-owned company in Wenzhou, was being interrogated by party officials – and not police – when he died on 9 April.

As the trial got under way, the family lawyer said he was ejected from court.

Analysts say the case casts light on the darker side of party discipline.

Indeed the case, which is being heard in the city of Quzhou, appears to be a rare acknowledgement of some of the methods that lie behind the country’s well publicised crackdown on corruption, according to correspondents.

The case is extremely sensitive and the lawyer for Mr Yu’s family has already expressed his anger at being removed from court, saying the legal process was flawed.

Reuters also reports that the lawyer for one of the accused expressed concern about the court’s actions because her client wanted to apologise.

There has been no comment from the lawyers of the other accused men and neither the government nor the Communist Party has commented publicly on the case.”

via BBC News – China Communist Party investigators tried over drowning.

11/09/2013

Guangzhou to empty labour camps

SCMP: “Guangzhou plans to empty its hard-labour camps by year’s end, state media reported yesterday, the latest locality to phase out the notorious punishment.

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Rights advocates have long complained that the “re-education through labour“, or laojiao, system which lets police send suspects to work camps for up to four years without trial, is widely abused to silence dissidents, petitioners and other perceived troublemakers.

In March, newly installed Premier Li Keqiang promised nationwide reforms to the system this year, but concrete steps have yet to be announced. In the meantime, some cities or provinces have been moving away from the punishment.

“All [100 or so] detainees in Guangzhou labour camps will have completed their sentences and be released by the end of the year,” the China Daily reported, citing a senior judge in the city. Guangdong province stopped taking new re-education through labour cases in March, it said.

In February, Yunnan said it would no longer send people to labour camps for three types of political offences.

Four cities designated as testing grounds have replaced the system with an “illegal behaviour rectification through education” programme, domestic media said at the time.

The forced labour system was established under Mao Zedong in the 1950s as a way to contain “class enemies”. A 2009 UN report estimated that 190,000 mainlanders were locked up labour camps.

Calls to scrap the system grew last year after the media exposed the plight of Ren Jianyu , a former official who spent 15 months in a Chongqing labour camp for reposting criticisms of the government on his microblog.”

via Guangzhou to empty labour camps: state media | South China Morning Post.

See also: https://chindia-alert.org/2013/01/07/china-turns-dark-page-of-history-puts-end-to-labour-camps/

20/07/2013

China officials held over watermelon-seller death

BBC : “Six urban security personnel have been detained by police investigating the death of a fruit seller in southern China, state media say.

Local residents demonstrate with a banner saying "urban enforcers (chengguan) killed people" in Linwu county, central China's Hunan province, 17 July 2013

Deng Zhengjia, in his 50s, died on Wednesday in Chenzhou City, Hunan.

He was hit with a weight from a set of scales after a row erupted with the officials, known as “chengguan”, Xinhua reported, citing Mr Deng’s niece.

The six are being held on suspicion of intentionally harming others, added the news agency.

 

The row in Linwu county, Chenzhou, erupted after Mr Deng, 56, and his wife tried to sell home-grown watermelons at a scenic riverside spot without a licence, the county government said in a statement.

Having asked the couple to leave, “the enforcers temporarily confiscated four of the watermelons, requesting that the couple sell their melons in an authorised location instead”.

The couple began “insulting” the officers when they encountered them again 50 minutes later, the statement said.

“The enforcers tried to reason with the couple, the dispute between the two sides became a physical conflict, and in the process Deng Zhengjia suddenly collapsed and died,” it added.

There were anti-chengguan protests in Linwu on Wednesday, and the fruit seller’s death has also sparked outrage on China’s microblogs.

In July 2011, the death of a disabled street vendor who was reportedly beaten by local law enforcers sparked a riot in Guizhou province.

Who are the chengguan?

Urban law enforcers tasked with enforcing ”non-criminal administrative regulations” such as traffic, environment and sanitation rules

Chengguan operate separately from the police

They are employed by the Urban Administrative and Law Enforcement Bureaux of their individual cities

Critics call them “violent government thugs”

Reports that a disabled street vendor was beaten to death by chengguan in 2011 sparked riots in China’s Guizhou province

There are thousands of chengguan in at least 656 cities across China, Human Rights Watch says

The chengguan, or Urban Management Law Enforcement force, support the police in tackling low-level crime in cities and have become unpopular with the Chinese public after a series of high-profile violent incidents.

“They are now synonymous for many Chinese citizens with physical violence, illegal detention and theft,” said Sophie Richardson, China director at Human Rights Watch (HRW), in a report last year.

via BBC News – China officials held over watermelon-seller death.

19/07/2013

Probe over China fruit-seller ‘beaten by enforcers’

BBC: “Police are investigating the death of a fruit seller in China, state media say, amid reports he was beaten by “chengguan” urban security personnel.

Local residents demonstrate with a banner saying "urban enforcers (chengguan) killed people" in Linwu county, central China's Hunan province, 17 July 2013

Deng Zhengjia, in his 50s, died on Wednesday in Chenzhou City, Hunan.

He was hit with a weight from a set of scales after a row erupted with chengguan officials, Xinhua news agency said, citing Mr Deng’s niece.

Chengguan are unpopular with the Chinese public after a series of high-profile violent incidents.

The chengguan, or Urban Management Law Enforcement force, support the police in tackling low-level crime in cities.

But the force’s ”thuggish” behaviour had led to public anger and undermined stability, a report by Human Rights Watch said last year.

“They are now synonymous for many Chinese citizens with physical violence, illegal detention and theft,” said Sophie Richardson, China director at Human Rights Watch (HRW), when the report was released in May 2012.

via BBC News – Probe over China fruit-seller ‘beaten by enforcers’.

07/06/2013

Premier Li Keqiang Wants More Chinese in the Cities

BusinessWeek: “Li Zuobing is adjusting well to urban life in Chongqing’s Yubei district, where he lives in a massive housing complex built to house former farmers. He enjoys his job as a supervisor in the community service office, his wife says she is delighted to have a kitchen with natural gas (rather than coal), and his daughter has opened a clothing store. It’s a great improvement on their life growing rice and corn on a small plot. “A few years ago, the idea I could ever live this well was unimaginable,” he says, as instructions on living a “civilized life” drone from loudspeakers on the grounds.

A woman waits for the bus at a junction along the main road in Dongling village, Anhui

Such success stories are essential for China’s future. As President Xi Jinping tries to bolster China’s international standing, the most daunting challenge at home is getting urbanization right, a task that falls to Premier Li Keqiang. Li is embarking on one of the most radical reconfigurations of Chinese society since the Mao era. His goal is to cut the rural population of 642 million roughly in half by nudging, urging, and sometimes forcing farmers and their families to settle in China’s cities.

Theoretically, this process will create a new, willing workforce to staff the cities’ service industries and factories. The ex-farmers’ incomes will rise, their children will get a better-quality education, and when they grow up they’ll land better jobs than their parents. The multiyear process will increase average income in China, where annual rural incomes of 7,917 yuan ($1,291) are less than one-third the income of city dwellers. “Urbanization will usher in a huge amount of consumption and investment demand, increase job opportunities, create wealth for farmers, and bring benefits to the people,” said Li in his first news conference after being named premier. This grand population shift comes as China’s three-decades-long export and investment-led boom starts to lose steam.

The 57-year-old Li is China’s first premier to have a doctorate in economics, earned at prestigious Peking University. He worked in the countryside during China’s Cultural Revolution and has made transforming farmers into city dwellers a career theme, including during his time as governor of Henan and Liaoning provinces. Li recently asked the World Bank to work with his administration in drafting sustainable urbanization proposals. (World Bank officials were unavailable to comment.)

Cities such as Chongqing have been experimenting with urbanization for years, and Li wants to speed up the process across all of China. Another benefit of this policy, Li says, is that it will be easier to launch large-scale agriculture as farmers move to the cities. Chinese farmers tend plots that average a little bit more than one acre in size: Farms are three times larger in South Korea and Taiwan, 30 times larger in Europe, and 300 times larger in the U.S., says Cai Jiming, director of the Political Economy Research Center. “With such a small scale, it is impossible for any one farmer to become wealthy.”

It won’t be easy to get the economic payoff China’s leaders are counting on. One obstacle is China’s hukou, or household registration policy, which designates all citizens as officially either rural or urban, depending on what family they are born into and regardless of where they reside. Hukou prevents some 230 million migrant workers who already live in China’s cities from enjoying the health care, education, pensions, and access to lower-cost housing available to those with urban hukou. “None of them enjoy the rights of full urban residents. That makes their consumption ability much lower,” Cai says.

Another obstacle: Under the constitution, all rural land is owned collectively, a legacy of when agriculture was produced by people’s communes. That means farmers have no right to rent or directly sell their leased land, allowing them to set up life in the city.

Li hopes his policy will stop local governments from continuing their forcible takeovers of rural land. Local officials provide limited compensation to the farmers, then sell the long-term leases to factory owners and real estate developers. The authorities usually sell the seized land for 18 times what they paid the farmers, estimates Li Ping, senior attorney at the Beijing office of Landesa, a Seattle-based nonprofit that focuses on land-rights issues. “Local governments have an incentive to push this distorted urbanization, to grab all that profit,” says Landesa’s Li.”

via Premier Li Keqiang Wants More Chinese in the Cities – Businessweek.

15/05/2013

* After ATM heist, India’s IT sector again in unwelcome spotlight

Reuters: “A breach of security at two payment card processing companies in India that led to heists at cash machines around the world has reopened questions on the risks of outsourcing sensitive financial services to the Asian nation.

The EnStage Inc. office is seen in the southern Indian city of Bangalore in this May 12, 2013 file photo. REUTERS/Stringer/Files

Global banks that ship work to be processed in India, either in-house or to big IT services vendors, were already under pressure to step up oversight of back-office functions after a series of scandals last year.

Last week, U.S. prosecutors said a global criminal gang stole $45 million from two Middle Eastern banks by breaking into the two card processing companies based in India and raising the balances and withdrawal limits.

“India is exposed in two ways: The threat that the same theft could happen in India and the fact that the outsourcing industry will also get affected,” said Arpinder Singh, partner and national director for fraud investigation and dispute services at consultancy Ernst & Young.

The episode is reopening debate on banks sending work requiring a high degree of confidentiality to offshore locations.

“It is the weakest link,” said Shane Shook, an expert with U.S. cyber-security firm Cylance Inc who has helped financial firms conduct investigations into some major cyber crimes.

“I think the lesson is they need to pull back on what they’ve outsourced. When you’re giving a third party, the outsourced entity, the ability to access credit limits or cash limits of the consumers you’re managing the finances for, you’re giving up control that is your fundamental responsibility.”

India’s $108 billion IT services industry is the world’s favored destination for outsourcing. Over 40 percent of exports by the industry are support services for the global financial sector, ranging from investment bank back-office functions to research, risk-management and processing of insurance claims.”

via After ATM heist, India’s IT sector again in unwelcome spotlight | Reuters.

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.

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