Archive for ‘Justice’

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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.

See also: https://chindia-alert.org/2012/07/14/china-top-leaders-vow-to-better-handle-peoples-petitions/
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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.

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

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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.

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

Posted in China alert, Economics, Household registration, Human rights, Justice, Migrant workers, Rule of law | Leave a Comment »

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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.

Posted in China alert, Citizens's rights, Construction, demolition, Economics, Human rights, Justice, public protest | Leave a Comment »

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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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Posted in Dissident, Ethnic clash, India alert, Inequalities, Instability, Insurgency, Justice, self determination, unrest | Leave a Comment »

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22/10/2012

* China leftists urge parliament not to expel Bo Xilai

Reuters: “A group of Chinese leftists has issued a public letter calling on the country’s largely rubber stamp parliament not to expel disgraced former top leader Bo Xilai from its ranks, saying the move is legally questionable and politically motivated.

China's former Chongqing Municipality Communist Party Secretary Bo Xilai (L) and former Deputy Mayor of Chongqing Wang Lijun (R) attend a session of the Chinese People's Political Consultative Conference (CPPCC) of the Chongqing Municipal Committee, in Chongqing municipality, January 7, 2012. REUTERS/Stringer

Stripping membership from Bo – the one-time Communist Party chief of Chongqing who is accused of abusing power, taking huge bribes and other crimes – also removes his immunity from prosecution, and paves the way for formal charges against him.

Bo’s ouster has exposed deep rifts in the party between his leftist backers, who are nostalgic for the revolutionary era of Mao Zedong, and reformers, who advocate for faster political and economic reforms.

The letter, carried on the far-left Chinese-language website “Red China” and addressed to the parliament’s standing committee, says the party is fuelling doubts about the accusations against Bo by refusing to discuss them publicly.

“What is the reason provided for expelling Bo Xilai? Please investigate the facts and the evidence,” says the letter. “Please announce to the people evidence that Bo Xilai will be able to defend himself in accordance with the law.”

Parliament and its members are there to provide oversight and make laws, not to “act as a rubber stamp” for attacks on people for personal reasons by political factions, it added.”

via China leftists urge parliament not to expel Bo Xilai | Reuters.

Posted in China alert, Governance, Justice, Politics, Rule of law | Leave a Comment »

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09/10/2012

* China issues white paper on judicial reform

Reform in China continues apace.

China Daily: “The Chinese government issued Tuesday a white paper on judicial reform, highlighting the progress that has been made in safeguarding justice and protecting human rights.

The white paper was issued by the Information Office of the State Council.

Apart from reviewing China’s judicial system and reform process, the white paper focuses maintaining social fairness, justice and human rights protections.

“China’s judicial reforms are aimed at strengthening judicial organs’ capability to maintain social justice by optimizing the structure of the judicial organs and the allocation of their functions and power, standardizing judicial acts, improving judicial proceedings and enhancing judicial democracy and legal supervision,” it says.

Improving the protection of human rights is an important goal, the white paper says, adding that China’s Criminal Procedure Law amended in 2012 included “respecting and protecting human rights.”

In terms of protecting human rights, effective measures are being taken to deter and prohibit the obtainment of confessions through torture, better protect the rights of criminal suspects and defendants and protect attorneys’ rights to exercise their duties. Measures are also being taken to strictly control and prudently apply the death penalty.

Jiang Wei, a senior official in charge of the judicial system reform, said Tuesday at a press conference that China’s judicial system would be based on its reality, instead of simply copy from other countries.

A populous developing country, China still has problems in its judicial system, Jiang said.

The country’s economic and social development does not match the people’s increasing expectations for social justice. Capabilities of the judicial system do not meet the demand for judicial service, he said.

Imbalanced development in different regions also contributed to the existing problems, he added.

“The problems can only be solved by the Chinese way and the wisdom. Copying foreign experience or systems might lead to a bad end,” he said, in response to a question whether China’s judicial system should follow Western models.

However, he said, China is keen to learn from experience of other countries and will try to incorporate judicial concepts and practices utilized elsewhere.

Judicial reform, an important part of China’s overall political reform, remains a long and arduous task. The white paper urges continuous efforts to strengthen reforms with a goal of establishing a “just, effective and authoritative socialist judicial system with Chinese characteristics.”

via China issues white paper on judicial reform |Politics |chinadaily.com.cn.

See also: https://chindia-alert.org/prognosis/chinese-challenges/

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15/09/2012

* Coalgate: Supreme Court issues notice to Centre over coal block allocations

The Times of India: “The Supreme Court has issued notice to the Centre on coal block allocations and has asked the govt what action it proposes to take against illegal allotments and those allottees who breached the contract.

The apex court has asked the coal secretary to file affidavit answering 6 questions on a PIL seeking cancellation of all 194 coal mine blocks under controversy.

The apex court’s posers to the government includes —

Why competitive bidding process was not followed for allocation of coal blocks?

What were the guidelines for allocation of coal blocks and whether there was any deviation during actual allocation?

Why so many politicians and their relatives figure among the alleged irregular allottees?

Whether the guidelines for allocation overlooked the safety mechanism to render the allotments as largesse in favour of private parties?

Whether govt’s objective in coal block allocation has been achieved through the present mode of allocation, which was faulted by the CAG?

The apex court has asked the coal secretary to file a response in 8 weeks.

Turning down the Centre’s plea that the court should not go into the issue as it is being looked into by a Parliamentary committee, the apex court said “these are different exercises.”

A bench of justices R M Lodha and A R Dave said the petition raised serious questions and “it requires explanation from the government”.”

via Coalgate: Supreme Court issues notice to Centre over coal block allocations – The Times of India.

See also: https://chindia-alert.org/2012/09/07/india-parliament-ends-in-deadlock/

Posted in corruption, Economics, Illegal practices, India alert, Inequalities, Justice, Nepotism, Politics, Rule of law | Leave a Comment »

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29/08/2012

* In China, Sons Fight Railways Ministry Over Crash

NY Times: “Henry Cao has stark memories of the moment the high-speed train he was riding rear-ended another last summer in the eastern city of Wenzhou: the pleasantly hypnotic rocking that gave way to a jolt he likened to an earthquake, followed by blackness and the sensation of falling as the car plummeted 100 feet off a viaduct.

Henry Cao, left, and his brother, Leo, at the site of a train crash that killed their parents and injured Henry in Wenzhou last year.

“We were flying like rag dolls,” he said.

The crash killed 40 passengers, injured 191 and shook the nation’s confidence in its ambitious high-speed rail system. Mr. Cao, 33, a Chinese-American importer from Colorado, barely survived; he lost a kidney and his spleen, and head injuries have left him mired in a perpetual daze, unable to stay awake for more than an hour or two. His parents, naturalized American citizens taking him on a triumphant tour of their native land, were killed.

As Mr. Cao has struggled to recover over the past year, he has found himself drained by a different sort of battle: trying to wrest compensation from the Ministry of Railways, an unbending government behemoth unaccustomed to dealing with determined foreign citizens.

This month Mr. Cao returned to China for the first time since the accident. He and his brother, Leo, came to collect their parents’ remains and to press negotiations with the ministry. “They know how to wear you down,” said Leo Cao, 30. “First they let you scream and yell, then they stall you, and finally they tell you vague and empty words. Now they say, ‘You’re lucky you’re getting anything.’ ”

Their painful and politically fraught odyssey has highlighted the workings of an omnipotent ministry that employs more than two million people and rivals the Chinese military in size and influence. The experience has been disorienting for the Cao brothers, who left China as adolescents two decades ago. “This place is not how I remember it,” said Henry Cao, speaking faintly as his eyes flickered and lost focus. “Everyone is rushing around to make money. Life here is cheap.”

The ministry, which runs its own court system and is largely impervious to oversight, has long been dogged by accusations of corruption. A former rails minister, Liu Zhijun, who was fired five months before the accident, is expected to go on trial next month for charges of taking millions of dollars in bribes and other unnamed “disciplinary violations.”

Zhang Kai, a lawyer who represented a passenger sentenced to three years in prison for slapping a train conductor, described the ministry as a “monster left over from the planned economy era” that resists reform or challenges to its authority. “It is common knowledge that the ministry is responsible for generating maximum profits while supervising itself,” Mr. Zhang said.

In a report released in December, government investigators placed the blame for the Wenzhou accident on flaws in signaling equipment. Investigators say the ministry bypassed safety regulations in its haste to create the world’s largest high-speed railroad network.”

via In China, Sons Fight Railways Ministry Over Crash – NYTimes.com.

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