April 23, 2006

Day 60: Two months have passed

Filed under: Nina's blog — Rebecca MacKinnon @ 12:41 pm

On April 22nd, day 60 of Hao Wu’s detention, his sister Nina Wu wrote on her blog:

It has been a long time since we last received any news of little brother. I spend every day in anxiousness and resignation, all the while pondering: if every institution in our society, every individual among us takes up his or her rightful duty, would the situation be somewhat different? Faced with the reality of brother’s disappearance, I have done my best at assuming the responsibilities of an elder sister. I entrusted the matter to an attorney, and the attorney has also assumed the responsibility of defending to the best of his abilities and within lawful confines the legal rights of the litigant.

In light of the numerous fruitless negotiations with the Public Security Bureau, on April the 20th, I entrusted the lawyer with going to the Beijing Municipal Procuratorate Crime Reporting Centre to submit documents for the suit against the Beijing Municipal Public Security Bureau National Defense Team over the illegal handling of the case. A procurator received the attorney and listened seriously to his objections, but expressed that according to current professional divisions of labour and legal regulations, the Procuratorate is unable to enforce supervision and adjudication over these kind of issues. As for the problems of detainment past deadline and unlawful procedure, the Central Politics and Law Committee has this regulation set forth in an administrative document: each enforcement agency is responsible for its own supervision and redress. Therefore, he stated that if the attorney still insists on submitting the documents, all he can do is pass them on to the Municipal Public Security Bureau for disposal. Seeing this state of affairs, the attorney gave the documents to the Procuratorate and came back empty-handed. The aforementioned set of documents was the same as the one I had submitted to the Procuratorate earlier, and to this day there hasn’t been any response from the National Defense Team.

According to “People’s Procuratorate Code of Criminal Procedure”, the responsibilities of People’s Procuratorate’s in ensuring the legal rights of citizens include: forming a relevant response, on the basis of serious surveillance and verification, to the unlawful arrest, detainment, and search of citizens by public security organizations - against which citizens have the right to bring forth charges and appeals.

Article 380: the People’s Procuratorate must, in accordance with the law, exercise supervision over the lawfulness of investigatory activities carried out by public security organizations.

Article 386: the People’s Procuratorate, after discovering that a public security organization or public security offical has - in the process of investigating, deciding, enforcing, modifying, or rescinding coercive measures and other acitivities - behaved illegally, must put forth recommendations for redress in a timely manner.

But all these legally relevant regulations have been refuted by a single document of the Central Politics and Law Committee? The legal meaning of the People’s Procuratorate, its supervisatory responsibility as an independent third-party have all been negated by this one adminstrative document? And what should be the responsibilities of public organizations in terms of safeguarding the legal rights of citizens? I have too many questions for which I need to seek answers.

2 Comments »

  1. On currency, I think the US leaders need to catch up with the basic education of relativity. If you think the Chinese currency is too low, maybe yourself is too high. Instead of wantonly push others, maybe it is time for the US dollar to depreciate. All US financial activities appear to desperately keep/appreciate the US dollar. It is against the natural trend. It can be the US dollars are kept artificially way too high. It probably is a last ditch attempt to delay the final collapse of the US financial empire. I bet that would be the day when Jesus return ;-)

    On religion, I don’t see the western pro-God policies fair for all. To give you an example, the abortion clinics are constantly abused and harassed throughout the US. Imagine systems where we tax everything, business, income, bars, buses, churches; except for all Wal-Marts are tax free. I bet people will jump out yelling unfair.

    Think about it, that is exactly what the western policies are doing to Christianity. All churches are tax free. The system promotes religion. The system is unfair and irrational for those who do not believe in God. The US pledge of allegiance claims “one nation under God.” Does that appear to respect individual religious freedom? Remember the west claims that their government do not dictate people what to do, what to believe … what self-contradiction.

    The Christian west then pushes their ridiculous systems onto others; frequently by means of bloody wars. I think President Hu did a very good thing. He went to visit business sectors first. It is clearly a mimic of the passionate church visits by some of the US high-level officials. Religion is not a big thing in Chinese culture. I would not expect the westerners with their five-year-old level Chinese to understand China.

    Comment by jessica copeland — April 23, 2006 @ 8:38 pm

  2. Don’t know if anyone passed this news to Nina:
    ———————————-

    I heard about Kamm’s foundation, Dui Hua at NPR.
    http://www.npr.org/templates/story/story.php?storyId=5352524

    Perhaps we should contact them?
    http://www.duihua.org/

    Comment by YW — April 24, 2006 @ 1:53 am

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