China
02.07.03
Urgent Interventions
China: dismissal of two Ferro-Alloy Factory workers' appeal
Case CHN 020703. ESCR
Economic, Social and Cultural Rights Concern
Labour rights/Arbitrary Detention/Fair Trial
The International Secretariat of OMCT requests your URGENT intervention in the following situation in China.
Brief description of the situation
The International Secretariat of OMCT has been informed, by a reliable source, that on June 27, 2003 the appeals of the workers Yao Fuxin and Xiao Yunliang against their May 9, 2003 sentences were dismissed in a closed hearing at the Liaoyang City Detention Centre, Liaoning province, China.
It is reported that Yao Fuxin’s lawyer, Mo Shaoping, was not notified of the appeal hearing and became aware of it only the night before (June 26, 2003) after a friend of Yao Fuxin’s saw a notice of the hearing posted outside the municipal court and reported it to Yao Fuxin’s family. Xiao Yunliang’s lawyer, Zhang Fusheng, was reportedly notified of the judgment after the hearing took place.
Moreover, according to the information received, family members and supporters who tried to attend hearing were refused entry by prison officials. Indeed, family members reportedly came to the detention centre at 8:00 a.m. on June 27, 2003 and were told that they could not enter and that the hearing would be postponed from 9:00 a.m. until 10:30. It is reported that at approximately 9:15 a.m. several official cars allegedly carrying provincial and municipal officials who attended the hearing left the centre. According to the information received, an official at the detention centre confirmed that the appeal hearing did begin at 9:00 a.m. and was completed within 30 minutes.
Approximately 200 retired and retrenched workers from the Ferro-Alloy Factory were also reportedly present at the detention centre to show support. However, approximately 100 armed police allegedly blocked the entrance to the prison.
Background Information
According to the information received, on May 9, 2003 Yao Fuxin was sentenced to 7 years and Xiao Yunliang was sentenced to 4 years on charges of subversion for their leadership in the movement protesting corruption at the Liaoyang City Ferro-Alloy Factory, for seeking payment for wages in arrears when the factory went bankrupt in October 2001 and for seeking relocation subsidies and unemployment compensation from the government. Currently the two men are being detained at the Liaoyang City Detention Centre in the Liaoning province.
I Yao Fuxin had reportedly long been involved in the struggle against corruption in the Liaoyang factories, a phenomenon the workers believe has led to a string of plant closures and put thousands out of work. In this respect, Yao Fuxin was reportedly secretly detained on March 17, 2002 after leading a demonstration of several thousand workers on March 12, 2002. It is reported that his family was not notified until four days after his arrest and that it was not until March 29, 2002 that he was formally charged with “gathering a crowd to disrupt social order,” a crime punishable by imprisonment under Article 290(1) of the Chinese Criminal Code.
Xiao Yunliang was reportedly arrested on the 20th of March, after organizing a demonstration on March 18, 2002 to protest Yao Fuxin’s detention that was attended by over 40,000 workers from more than 20 factories.
According to the information received, family members of Yao Fuxin and Xiao Yunliang have been, since their arrest, subject to harassment and intimidation. On March 3, 2003, the Public Security Bureau (PSB) reportedly detained Yao Dan and Xiao Yu, the daughters of Yao Yunliang and Xiao Yunliang, while they were in Beijing attempting to meet with Yao’s lawyer, Mo Shaoping. According to the information received, the PSB burst into their hotel room in the early hours of March 3 2003 and put them on a train home to Liaoyang. When they arrived in Liaoyang at 9:00 a.m., PSB officers reportedly met them, took them to the police station and interrogated them for 12 hours before releasing them. Moreover, on April 21 2003, the police reportedly stormed the homes of Yao Fuxin and Xiao Yunliang without presenting any warrants or legal documentation and remained there, monitoring their family members until at least 9:00 p.m. that same night.
It is further reported that other workers in the Ferro-Alloy struggle have been subjected to harassment. According to the information received, Wang Zhaoming and Pang Qingxiang, were arrested in March 2002 for their role in organizing a demonstration to protest Yao Fuxin’s detention, but were released shortly before Yao Fuxin’s January 15, 2003 trial.
According to the information received, over the weekend ending April 21, 2003, Wang Zhaoming, Pang Qingxiang, and a third worker, Wang Dawei, as well as other workers, were detained by police and warned not to have any contact with foreign reporters and American diplomats during an upcoming visit the province to meet with labour leaders. Wang Zhaoming, Pang Qingxiang and Wang Dawei, had reportedly entered negotiations with municipal authorities in Liaoyang in February 2003 seeking the release of Yao Fuxin and Xiao Yunliang and an agreement on payment of wages in arrears and other benefits.
The health of both Yao Fuxin and Xiao Yunliang is reported to be deteriorating in prison, raising concerns about their treatment and access to medical care. Yao Fuxin has reportedly suffered a heart attack and shows signs of a possible stroke. It was reported in March 2003 that Xiao Yunliang was spitting up blood and has since become blind in one eye. Recently, officials reportedly notified Xiao’s wife, Su Anhua, that his health has further deteriorated.
In December 2002, the United Nations Working Group on Arbitrary Detentions declared, in its opinion No. 15/2002, that the detention of Yao Fuxin was arbitrary.
In March 2003, the Governing Body of the International Labour Organization (ILO), of which China is a member, adopted the report of the Committee on Freedom of Association, which in Case No. 2189 cited serious abuses committed by the Chinese government concerning its detention and prosecution of the Ferro-Alloy workers. In adopting the report, the Governing Body formally endorsed the Committee’s recommendations calling upon the Chinese authorities to release all Ferro-Alloy workers still in detention, drop any charges against them and institute an impartial and independent investigation into the detentions.
Action requested
Please write to the authorities in People's Republic China of urging them to:
i. take all necessary measures to guarantee the physical and psychological integrity of Yao Fuxin and Xiao Yunliang;
ii. order their immediate release in the absence of valid legal charges, or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
iii. intervene with the proper authorities to ensure that adequate medical assistance is provided as a matter of urgency to the afore-mentioned detainees;
iv. guarantee that they are provided with access to family visits and legal representation;
v. guarantee the respect of human rights and the fundamental freedoms, including economic, social and cultural rights, as well as labour rights throughout the country in accordance with national laws and international human rights standards.
Addresses
President Hu Jintao, People's Republic of China; C/o Embassy of the People's Republic of China; 2300 Connecticut Ave., NW, Washington, D.C., 20008: Fax: + 01 202 588-0032
President Hu Jintao, People's Republic of China; c/o Permanent Mission of the People's Republic of China, Chemin de Surville 11, Case postale 85, 1213 Petit-Lancy 2, Geneva, Switzerland, fax: +4122 7937014, e-mail: mission.china@ties.itu.int
President Hu Jintao, Chinese Communist Party, Yongdingmen CK Street, Beijing 100032, PRC
Please also write to the embassies of People's Republic China of in your respective country.
Geneva, July 2, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Economic, Social and Cultural Rights Concern
Labour rights/Arbitrary Detention/Fair Trial
The International Secretariat of OMCT requests your URGENT intervention in the following situation in China.
Brief description of the situation
The International Secretariat of OMCT has been informed, by a reliable source, that on June 27, 2003 the appeals of the workers Yao Fuxin and Xiao Yunliang against their May 9, 2003 sentences were dismissed in a closed hearing at the Liaoyang City Detention Centre, Liaoning province, China.
It is reported that Yao Fuxin’s lawyer, Mo Shaoping, was not notified of the appeal hearing and became aware of it only the night before (June 26, 2003) after a friend of Yao Fuxin’s saw a notice of the hearing posted outside the municipal court and reported it to Yao Fuxin’s family. Xiao Yunliang’s lawyer, Zhang Fusheng, was reportedly notified of the judgment after the hearing took place.
Moreover, according to the information received, family members and supporters who tried to attend hearing were refused entry by prison officials. Indeed, family members reportedly came to the detention centre at 8:00 a.m. on June 27, 2003 and were told that they could not enter and that the hearing would be postponed from 9:00 a.m. until 10:30. It is reported that at approximately 9:15 a.m. several official cars allegedly carrying provincial and municipal officials who attended the hearing left the centre. According to the information received, an official at the detention centre confirmed that the appeal hearing did begin at 9:00 a.m. and was completed within 30 minutes.
Approximately 200 retired and retrenched workers from the Ferro-Alloy Factory were also reportedly present at the detention centre to show support. However, approximately 100 armed police allegedly blocked the entrance to the prison.
Background Information
According to the information received, on May 9, 2003 Yao Fuxin was sentenced to 7 years and Xiao Yunliang was sentenced to 4 years on charges of subversion for their leadership in the movement protesting corruption at the Liaoyang City Ferro-Alloy Factory, for seeking payment for wages in arrears when the factory went bankrupt in October 2001 and for seeking relocation subsidies and unemployment compensation from the government. Currently the two men are being detained at the Liaoyang City Detention Centre in the Liaoning province.
I Yao Fuxin had reportedly long been involved in the struggle against corruption in the Liaoyang factories, a phenomenon the workers believe has led to a string of plant closures and put thousands out of work. In this respect, Yao Fuxin was reportedly secretly detained on March 17, 2002 after leading a demonstration of several thousand workers on March 12, 2002. It is reported that his family was not notified until four days after his arrest and that it was not until March 29, 2002 that he was formally charged with “gathering a crowd to disrupt social order,” a crime punishable by imprisonment under Article 290(1) of the Chinese Criminal Code.
Xiao Yunliang was reportedly arrested on the 20th of March, after organizing a demonstration on March 18, 2002 to protest Yao Fuxin’s detention that was attended by over 40,000 workers from more than 20 factories.
According to the information received, family members of Yao Fuxin and Xiao Yunliang have been, since their arrest, subject to harassment and intimidation. On March 3, 2003, the Public Security Bureau (PSB) reportedly detained Yao Dan and Xiao Yu, the daughters of Yao Yunliang and Xiao Yunliang, while they were in Beijing attempting to meet with Yao’s lawyer, Mo Shaoping. According to the information received, the PSB burst into their hotel room in the early hours of March 3 2003 and put them on a train home to Liaoyang. When they arrived in Liaoyang at 9:00 a.m., PSB officers reportedly met them, took them to the police station and interrogated them for 12 hours before releasing them. Moreover, on April 21 2003, the police reportedly stormed the homes of Yao Fuxin and Xiao Yunliang without presenting any warrants or legal documentation and remained there, monitoring their family members until at least 9:00 p.m. that same night.
It is further reported that other workers in the Ferro-Alloy struggle have been subjected to harassment. According to the information received, Wang Zhaoming and Pang Qingxiang, were arrested in March 2002 for their role in organizing a demonstration to protest Yao Fuxin’s detention, but were released shortly before Yao Fuxin’s January 15, 2003 trial.
According to the information received, over the weekend ending April 21, 2003, Wang Zhaoming, Pang Qingxiang, and a third worker, Wang Dawei, as well as other workers, were detained by police and warned not to have any contact with foreign reporters and American diplomats during an upcoming visit the province to meet with labour leaders. Wang Zhaoming, Pang Qingxiang and Wang Dawei, had reportedly entered negotiations with municipal authorities in Liaoyang in February 2003 seeking the release of Yao Fuxin and Xiao Yunliang and an agreement on payment of wages in arrears and other benefits.
The health of both Yao Fuxin and Xiao Yunliang is reported to be deteriorating in prison, raising concerns about their treatment and access to medical care. Yao Fuxin has reportedly suffered a heart attack and shows signs of a possible stroke. It was reported in March 2003 that Xiao Yunliang was spitting up blood and has since become blind in one eye. Recently, officials reportedly notified Xiao’s wife, Su Anhua, that his health has further deteriorated.
In December 2002, the United Nations Working Group on Arbitrary Detentions declared, in its opinion No. 15/2002, that the detention of Yao Fuxin was arbitrary.
In March 2003, the Governing Body of the International Labour Organization (ILO), of which China is a member, adopted the report of the Committee on Freedom of Association, which in Case No. 2189 cited serious abuses committed by the Chinese government concerning its detention and prosecution of the Ferro-Alloy workers. In adopting the report, the Governing Body formally endorsed the Committee’s recommendations calling upon the Chinese authorities to release all Ferro-Alloy workers still in detention, drop any charges against them and institute an impartial and independent investigation into the detentions.
Action requested
Please write to the authorities in People's Republic China of urging them to:
i. take all necessary measures to guarantee the physical and psychological integrity of Yao Fuxin and Xiao Yunliang;
ii. order their immediate release in the absence of valid legal charges, or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
iii. intervene with the proper authorities to ensure that adequate medical assistance is provided as a matter of urgency to the afore-mentioned detainees;
iv. guarantee that they are provided with access to family visits and legal representation;
v. guarantee the respect of human rights and the fundamental freedoms, including economic, social and cultural rights, as well as labour rights throughout the country in accordance with national laws and international human rights standards.
Addresses
President Hu Jintao, People's Republic of China; C/o Embassy of the People's Republic of China; 2300 Connecticut Ave., NW, Washington, D.C., 20008: Fax: + 01 202 588-0032
President Hu Jintao, People's Republic of China; c/o Permanent Mission of the People's Republic of China, Chemin de Surville 11, Case postale 85, 1213 Petit-Lancy 2, Geneva, Switzerland, fax: +4122 7937014, e-mail: mission.china@ties.itu.int
President Hu Jintao, Chinese Communist Party, Yongdingmen CK Street, Beijing 100032, PRC
Please also write to the embassies of People's Republic China of in your respective country.
Geneva, July 2, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.