Archive for ‘Rule of law’

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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 »

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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 »

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26/07/2013

Shoulder lights to make police more visible

China Daily:

Shoulder lights to make police more visible

Policemen wear their new shoulder lights at a ceremony to launch the use of the night lights in Southwest China‘s Chongqing on July 25, 2013. The shoulder lights are being used by the city’s police for the first time and will make policemen on patrol visible for 100 meters. Other public security guards will also be equipped with the lights, which can run for five days on two batteries. [Photo/CFP]

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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.

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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’.

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

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11/07/2013

China plans world’s longest sea tunnel at $42 billion

Reuters: “China will invest 260 billion yuan, or about $42 billion, to revive a long-stalled plan to build the world’s longest undersea tunnel across the Bohai Strait linking the country’s eastern and northeastern regions, state media said on Thursday.

The 123-km (76.4-mile) tunnel will run from the port city of Dalian in northeastern Liaoning province to Yantai city in eastern Shandong, the China Economic Net website said.

The report did not say when the project will be completed.

China announced plans in 1994 to build the tunnel, at a cost of $10 billion, and set to be completed before 2010. But more than 20 years on, the project remains stuck in the planning stage, the website said, without elaborating.

At the time, state media said the tunnel would shorten the travelling distance between the two regions by 620 miles.

The costs could be recouped in 12 years, said Wang Mengshu, a member of the Chinese Academy of Engineering, who estimated annual revenues from the tunnel at around 20 billion yuan, the website said. “Freight is very profitable,” Wang said.”

via China plans world’s longest sea tunnel at $42 billion -report | Reuters.

See also: https://chindia-alert.org/economic-factors/chinas-infrastructure/

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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.

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

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08/05/2013

* Detention of petitioners denounced

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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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.

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