Archive for ‘Rule of law’

01/05/2013

* China’s new mental health law to make it harder for authorities to silence petitioners

SCMP: “The director of Xinjiang‘s largest mental health institution has welcomed a new law, which went into effect on Wednesday, banning involuntary inpatient treatment for many people deemed mentally ill.

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“Seventy to 80 per cent of the patients have been forcibly admitted to the hospital,” said Xu Xiangdong, director of the Fourth People’s Hospital in the regional capital Urumqi, the Yaxin online news portal reported on Monday.

“Because of this increased consideration for patients’ rights, [the figures] will change fundamentally,” he said, adding that it would put an end to frequent episodes of people being wrongfully declared mentally ill.

The new law, which has been debated for a quarter of a century, is meant to crack down on local authorities aiming to silence petitioners and troublemakers by arbitrarily declaring them mentally ill and locking them up in mental health wards.

Under the law, patients must first give their consent to being hospitalised, except in cases in which they could harm themselves or others.

If patients are still forcibly confined, they or their guardians have the right to seek a second opinion. Forced hospitalisations for reasons other than severe mental illness are banned.

Last week about 200 health practitioners from the region were sent to Xu’s hospital to be trained in the new provisions on patients’ rights stipulated by the new law, the Xinjiang Daily reported.

Two million people in Xinjiang live with mental disabilities, Xu estimated, amounting to more than 9 per cent of the population in the economic backwater of China’s remote northwest.

That compares with almost 8 per cent of China’s population diagnosed with some form of mental illness, according to the Ministry of Health in 2011. A largescale 2009 study estimated a much higher national average at 17.5 per cent.

In Xinjiang, authorities have not been able to provide adquate resources to deal with the increasing number of people living with mental disorders. Xu told the Yaxin portal in 2011 that the number of mentally ill patients had increased by 20 to 30 per cent annually over the last years.

In Monday’s report, he said less than 5 per cent of the two million mentally ill could receive treatment because of a lack of resources and trained staff.

Two years earlier, the regional government had reported plans to build 15 new mental hospitals and to expand current ones. Until now, only one additional hospital in Kashgar has been completed, the Yaxin report said.

In March, a gruesome murder of a seven-year-old Uygur boy by a Chinese man has caused tensions among ethnic communities in the Turpan prefecture east of Urumqi. The man had been declared mentally ill to prevent ethnic revenge attacks, locals told Radio Free Asia.”

via China’s new mental health law to make it harder for authorities to silence petitioners | South China Morning Post.

29/04/2013

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

Good idea!

16/04/2013

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

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

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

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

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

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

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

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

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

12/04/2013

* China labour camp victim sues local authorities

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

Tang Hui points out Zhuzhou Baimalong Labour Camp

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

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

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

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

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

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

13/02/2013

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

09/02/2013

* China to compensate woman for detention in old morgue

China seems determined to allow its citizens to petition central government and to stop local authorities from preventing this from happening.

Reuters: “China will compensate a woman who was held in a disused morgue as punishment for going to Beijing to petition against her husband’s jailing, state media said on Friday, in an unusual case of the government overturning an extra-judicial detention.

Chen Qingxia was held for three years in an abandoned bungalow once used to store bodies in northeast China’s Heilongjiang province after being abducted from Beijing by security officials, the official Xinhua news agency reported.

She had gone to the capital to seek redress for her husband, Song Lisheng, whom she said had been mistreated while serving an 18-month sentence at a re-education through labor camp, Xinhua added.

While China routinely dismisses Western criticism of its human rights record, the government does respond to some abuses, especially the more egregious ones reported by domestic media, in an effort to show that authorities are not above criticism

Chen’s plight came to public attention in December after media reported that people found posters she had put on a window of the building pleading for help, it said.

Four officials, including three police officers, had been fired in connection with the case, Xinhua added.

The government will pay medical bills and living expenses for her and her husband and step up efforts to find their young son, who became separated from Chen when she was abducted in Beijing, it said.

The amount of compensation has yet to be decided.

Chen’s case is the second reported in a week of the authorities taking action over illegally detained petitioners. A court in Beijing sentenced 10 people to up to two years in jail for illegally detaining petitioners from another city, state media said on Tuesday.

Petitioners often try to take local disputes ranging from land grabs to corruption to higher levels in Beijing, though only small numbers are ever able to get a resolution.

In many instances, they are rounded up by men hired by provincial authorities to prevent the central government from learning of problems in outlying regions, forced home or held in “black jails“, unlawful secret detention facilities.”

via China to compensate woman for detention in old morgue | Reuters.

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.

09/01/2013

* Security tsar Meng Jianzhu criticises interference in court proceedings

Time will tell if central criticism like this makes any differences away from Beijing.  But at least the centre is trying to improve the judicial process.

SCMP: “Security tsar Meng Jianzhu has criticised excessive interference by officials in court proceedings – a practice so rampant that judges frequently receive notes at the bench telling them how to rule.

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Meng, the newly appointed secretary of the Central Politics and Legal Affairs Committee, attacked the “passing of paper slips” at a video conference with top law-and-order officials on Monday, sources said.

Such notes are usually passed by members of lower-level politics and legal affairs committees based in the courts.

“Meng criticised the old system in which the party’s committee always gives concrete instructions to the courts to tell them how to rule on individual cases,” said one participant who declined to be named.

The source had often witnessed committee members passing notes to judges.

The remarks, in which Meng also announced an eventual end to the “re-education through forced labour” system, were not reported by state media.

The committees have been condemned by legal experts as a source of obstruction of justice, especially in regard to political lawsuits. The committees, which have overriding authority in courts, exist in all jurisdictions.

“The existence of the committees is a violation of the constitution by damaging judicial independence,” said Hu Jinguang, a constitutional law professor at Renmin University.

“Laws are only as good as the party authorities who allow them to be enforced.””

via Security tsar Meng Jianzhu criticises interference in court proceedings | South China Morning Post.

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.

22/12/2012

* Land grabs are main cause of mainland protests, experts say

If the new Chinese leadership is serious about improving the lives of its citizens and removing reasons to distrust the Party, this is one area it should concentrate on rather than reducing banquets and other ostentatious spending by officials and senior soldiers. The former affects people directly, the latter only peripherally.  Though eventually both must change.

SCMP: “Land seizures, pollution and labour disputes have been the three main causes of tens of thousands of mass protests in recent years, according to a top think-tank.

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In its 2013 Social Development Blue Book, released on Tuesday, the Chinese Academy of Social Sciences said the mainland was experiencing frequent social conflict because “social contradictions were diverse and complex”.

It said there had been more than 100,000 “mass incidents” – the central government’s term for large protests involving more than 100 people – every year in recent years.

Professor Chen Guangjing, editor of this year’s book, said that disputes over land grabs accounted for about half of “mass incidents”, while pollution and labour disputes were responsible for 30 per cent. Other kinds of disputes accounted for the remaining 20 per cent.

“Of the tens of thousands of incidents of rural unrest that occur each year in China, the vast majority of them result from land confiscations and home demolitions for development,” Chen told a news conference in Beijing yesterday.

Late last year, about 1,000 villagers from Wukan, Guangdong, rioted and overthrew corrupt local leaders who had profited from illegal sales of village land.

Chen said environmental concerns were also becoming a main cause of social unrest, as evidenced by a series of grass-roots demonstrations over polluting projects.

More than 20,000 people rallied in Xiamen, Fujian province, in June 2007 to protest against plans to build a chemical plant in the city.

The project was subsequently relocated and the Xiamen backdown sparked similar protests in several mainland cities.

The major cause of labour disputes was salary arrears. There over 120 protests that involved more than 100 workers each in the first eight months of this year.

Chen said courts and labour arbitration tribunals had dealt with 479,000 back-pay cases in the first nine months of this year.

The book says 120 million mainlanders are living under the poverty line – with per capita annual disposable income of less than 2,300 yuan (HK$2,830). The government last year raised the poverty line from the previous level of 1,200 yuan, set in 2008.

Professor Li Peilin, the blue book’s editor-in-chief, said household income growth had lagged far behind gross domestic product growth over the past decade.”

via Land grabs are main cause of mainland protests, experts say | South China Morning Post.

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