Justice | CHINDIA ALERT: You'll be living in their world, very soon

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.

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.

Posted in China alert, Human rights, Illegal practices, Justice, labour camp, Politics, Reform, Rule of law | Leave a Comment »

Tags: Chongqing, Guangdong, Guangzhou, Labor camp, Li Keqiang, Mao Zedong, politics, Re-education through labor

29/08/2013

Bo Xilai on trial: Settling scores

The Economist: “IN A heavily guarded courthouse in the eastern city of Jinan, the trial began on August 22nd of a politician who was once one of China’s most powerful figures. Bo Xilai, who is 64, has been accused of receiving bribes, embezzlement and abuse of power. His downfall in March 2012 caused the greatest political shock of its kind in decades.

That the trial is under way at last is a sign that Xi Jinping, who took over as China’s leader eight months after Mr Bo disappeared from public view, is confident that he can handle its ramifications. Mr Bo, like Mr Xi, is the son of one of Mao Zedong’s fellow revolutionaries. He remains popular in the parts of China where he has served, including as Communist Party chief in the 29m-strong region of Chongqing in the south-west. He is an icon of diehard Maoists and members of the “new left” who decry China’s move towards money making. Handling Mr Bo’s case without upsetting powerful families and arousing public ire (whether of Mr Bo’s fans or of the many Chinese who are aggrieved at widespread official corruption) has been Mr Xi’s challenge. As the trial began, dozens of supporters gathered nearby. Police dragged several away.

Mr Xi and his colleagues wished to choreograph the proceedings—which at the time of going to press were expected to last just a day or two—with great precision. But Mr Bo, with a characteristic feistiness, queered the pitch from the outset. He denied a charge of bribery involving payments of more than 1.1m yuan ($180,000) from a businessman in the north-eastern city of Dalian. His response to the other charges, including millions of dollars in other kickbacks, are not yet known. Foreign journalists were barred from the trial.

The allegations, even if disagreeable to Mr Bo, would have been tailored to suit all factions—including, to some extent, his own, for Mr Bo had powerful backers, including within the security forces. Speculation has also centred on whether the state tried to secure Mr Bo’s co-operation by promising not to go after his 25-year-old son, Bo Guagua, who was expensively educated in Britain and is now studying in America. The younger Mr Bo may hope one day to to avenge his father’s downfall.

via Bo Xilai on trial: Settling scores | The Economist.

Posted in China alert, corruption, Internal politics, Justice, Politics, Rule of law | Leave a Comment »

Tags: Bo Xilai, China, Chongqing, Dalian, Mao Zedong, politics, Xi JinPing

23/08/2013

In Bo Xilai Trial, Some See Positive Signs for Legal System

WSJ: “Many China watchers see the trial of Communist Party insider Bo Xilai as scripted and staged, unveiling flaws of a closed Chinese judicial system. Yet amid the criticism, some are seeing positive signs emerge from Jinan, the northeastern Chinese city in Shandong province where Mr. Bo is facing corruption charges, including allegations that he took bribes with the aid of his wife.

The following are opinions of legal experts who have been following the trial:

Many Western critics of the Bo trial are comparing it to the stage-managed show trials of China’s past, including Jiang Qing [the wife of Mao Zedong] and victims of the Cultural Revolution. But this criticism misses the point. The Bo trial is exactly 180 degrees different in nature. In the show trials of China’s past, the politics would drive the criminal prosecution. In other words, the target would fall out of favor politically and then be legally persecuted as a result. In this trial, we have the opposite: the criminal prosecution is driving the politics. A towering and influential figure is being prosecuted in spite of his political influence, and the trial is driven primarily by the criminal allegations against him. Instead of being accused of serious crimes because his political standing has collapsed, his political standing has collapsed because he has been accused of serious crimes. –Geoffrey Sant, adjunct professor at Fordham Law School and special counsel at Dorsey & Whitney LLP

Despite the degree of supervision provided for the trial, there are nevertheless grounds for opening up the administration of justice to the supervision of the people. We’ve seen that in China there are many cases and trials that are not open, that attendance is constrained. Yet leaders have shown that they are willing to open up this case—to a certain extent—to the media, creating the perception that they are moving toward creating a more accessible judicial system.

Leaders are going farther than they could have to make the trial available. It’s a show trial, but not all trials are for show in China. To the extent that openness reveals shortcomings of the judicial system and promotes civil liberties is a positive thing. –Lester Ross a Beijing-based attorney with U.S. law firm WilmerHale.”

via In Bo Xilai Trial, Some See Positive Signs for Legal System – China Real Time Report – WSJ.

Posted in China alert, Justice, Law suit, Openness, Politics, Rule of law | Leave a Comment »

Tags: Beijing, Bo Xilai, China, Communist Party, criminal prosecution, Cultural Revolution, Jinan, Mao Zedong, Shandong, shandong province

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.

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.

BBC News – Probe over China fruit-seller ‘beaten by enforcers’ (chindia-alert.org)

Posted in China alert, Human rights, Illegal practices, Justice, Politics, public protest, Rule of law, social media | Leave a Comment »

Tags: Chenzhou, China, Guizhou, Human Rights Watch, Hunan, Linwu County, Police, politics

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.

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’.

Posted in China alert, Human rights, Illegal practices, Justice, Politics, public protest, Rule of law, social media | 1 Comment »

Tags: China, Human Rights Watch, Hunan, State media

26/05/2013

* Sonia Gandhi ‘devastated’ by India Chhattisgarh ambush

BBC: “The president of India’s Congress Party, Sonia Gandhi, has said she is “devastated” by Saturday’s attack on party officials in Chhattisgarh state.

Sonia Gandhi (R) and PM Manmohan Singh in a hospital in Raipur (May 26 2013)

At least 24 people were killed, including Chhattisgarh Congress chief Nandkumar Patel, his son, and local leader Mahendra Karma, when suspected Maoist rebels ambushed their convoy.

Mrs Gandhi visited some of the wounded with PM Manmohan Singh on Sunday.

The prime minister said India would “never bow down” before the rebels.

He denounced the “barbaric attack” which he said should be an inspiration in the fight against extremism and violence.

Unconfirmed reports said they were unable to visit the scene of the attack because of security concerns.”

via BBC News – Sonia Gandhi ‘devastated’ by India Chhattisgarh ambush.

Posted in Dissident, Human rights, India alert, Inequalities, Instability, Insurgency, Internal politics, Justice, Politics, unrest | Leave a Comment »

Tags: India, Indian National Congress, manmohan singh, mrs gandhi, politics, Sonia Gandhi

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) (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.

Posted in China alert, Elections, Freedom, Human rights, Illegal practices, Internal politics, Justice, Politics, Rule of law | Leave a Comment »

Tags: China, communist party of china, Government of the People's Republic of China, Human rights, human rights in china, politics, State Council Information Office, White paper

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.

Shanghai Petitioners Stage Protest Over Illegal Detentions (theepochtimes.com)
Petitioners Unite Against Illegal Detention Centers (theepochtimes.com)
Wronged Chinese Policemen Join Petitioners in Beijing (theepochtimes.com)

Posted in Censorship, China alert, Freedom, Good news, Human rights, Illegal practices, Internal politics, Justice, Petition, Politics, public protest, Reform, Rule of law | Leave a Comment »

Tags: Central Commission for Discipline Inspection of the Communist Party of China, China, communist party of china, Jiangsu, Petitioner, politics, whistle blowers, whistle blowing, Whistleblower

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.

“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.

Posted in China alert, Human rights, Illegal practices, Justice, Law suit, Politics, Rule of law | Leave a Comment »

Tags: China, China Law Yearbook, Crime and Justice, Miscarriage of justice, miscarriages of justice, People's Court Daily, politics

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.

“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.

Posted in China alert, Dissident, Ethnic clash, Freedom, Governance, Human rights, Illegal practices, Insurgency, Internal politics, Justice, Politics, Rule of law, self determination | Leave a Comment »

Tags: China, health, Mental disorder, mental-health, Xinjiang

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