Thursday, August 30, 2012

温州动车事故美国华人遇难者家属艰难索赔

Sim Chi Yin for The New York Times
美籍华人兄弟曹立宇(左)和曹立衡在去年温州高铁事故发生地。事故中,他们的父母遇难,曹立衡身受重伤。
上海——对去年夏天中国东部城市温州发生的那场高铁追尾事故,乘客曹立衡(Henry Cao)只有一些模糊的记忆:舒服的催人欲睡的摇晃突然变成了天崩地裂般的剧烈震动,车厢内一片黑暗,感觉自己随着车厢一起,从30米高的铁路桥上坠落。
他说,“我们像布娃娃一样飞了起来。”
事故共造成40名乘客死亡,191人受伤,动摇了中国对雄心勃勃的高速铁路系统的信心。科罗拉多州33岁的美籍华裔进口商曹立衡勉强得以生存,他失去了一个肾和脾,头部的伤情使他陷入持续性的眩晕,每隔一两个小时就会昏睡过去一次。曹立衡的父母早年移民美国,获得了美国国籍,他们带着儿子荣归故里,两人却在事故中遇难。
过去的一年,在曹立衡艰难的康复过程中,另一场斗争也令他精疲力尽:努力从铁道部拿到赔偿金,这是一个庞大而固执的政府部门,还不习惯和不屈不挠的外国人打交道。
事故发生后,曹立衡在本月首次回到中国。他和弟弟曹立宇(Leo Cao)此次回国处理父母的遗体,以及加紧与铁道部的谈判。“他们知道怎样拖垮你,”30岁的曹立宇说,“首先,他们会让你喊叫咆哮,然后他们就会拖延时间,最后他们会说一些含糊其辞的话。现在他们说,‘你们能得到一点赔偿,已经很幸运了。’”
他们痛苦的、充满政治含义的经历凸显了这个无所不能的国家部委的工作方式,铁道部的工作人员超过200万,其规模和影响力堪比中国军队。对曹氏兄弟来说,这样的经历让他们感到迷惑。20年前,他们在少年时代离开了中国。“这个地方已经不是我记忆中的样子了,”曹立衡微弱的说道,他的目光闪烁不定,有点茫然。“每个人都忙着赚钱。在这里,生命很廉价。”
铁道部拥有自己的司法系统,很大程度上不受监督。长期以来,铁道部一直受到腐败的指控。在事故发生前五个月,前铁道部长刘志军被免职。他被指控受贿几百万美元和其他未指明的“违纪”行为,有可能会在下个月接受审判。
一位乘客曾因掌掴列车员被判服刑三年,该乘客的律师张凯称,铁道部是一个“计划经济时代遗留下来的怪兽”,他们抗拒改革,抵制对其权威的挑战。张凯说,“大家都知道,铁道部负责创造最大利润,而且只有它自己监督自己。”
12月份公布的一份报告显示,政府调查人员将温州火车追尾事故的原因归咎于信号故障。调查人员表示,铁道部急于建设世界上最大的高速铁路网而忽略了安全管理。
这对兄弟的父母——曹尔新和妻子陈增容都是56岁。对他们来说,那次回乡之旅算是给他们在纽约血汗工厂和餐馆厨房的辛苦打工生活画上一个句号。夫妻二人都只接受过中学教育,他们带着孩子离开福建省,自学英语,并挣钱在皇后区买了一套房子。去世时,他们是拉瓜迪亚机场(La Guardia Airport)的管理员。
曹立宇说,“他们终于觉得经济状况比较稳定,可以休假了,这是他们第一次休假。”
他的父亲当场死亡,母亲也在几小时后身亡,留下了一些尚未解答、挥之不去的问题:她得到充分的医疗护理了吗?是谁无情的从她绑在腰间的包里偷走了1万美元?
在共产党矫饰的说辞中,7月23日已经成为一个“敏感的纪念日”——报纸编辑和评论员应该忽略的一天。事发后几天,相关报道铺天盖地,内容涉及拙劣的救援行动和试图掩埋火车车厢的举动。之后,新闻审查部门屏蔽了微博上相关话题的讨论。上个月,遇难者的家人被警告不得进行公开悼念活动。
但曹氏兄弟对此类警告毫不在乎,他们一直在寻求经济补偿,进而成了政府的眼中钉、肉中刺。
他们说,经过一系列会谈,铁道部官员答应为他们父母的死亡支付28万美元的赔偿金,为曹立衡的人身损害赔付8.5万美元。而曹氏兄弟提出的赔偿金额共计500万美元,他们说,这是按照他们父母以及曹立衡在美国工作20多年所能获得的薪资计算的。
他们的律师表示,铁道部无视一项国家法律,即要按照事故受害人在其居住地的收入能力来确定赔付金额。而铁道部则以自己的内部规定为依据,按照事故发生省份的一般工资水平来确定赔付金额。
“他们的代表告诉我们,没有商量的余地,”曹氏兄弟的律师田杰说,“就连他们也承认,不清楚是谁说了算。”
铁道部官员没有回复采访的传真,上周打给铁道部的政治部宣传部的多个电话也无人应答。
曹立宇说,哥哥的伤势过于严重,不能继续工作。他有四个年幼的孩子需要抚养,而且还要支付医疗费用,赔偿所得的8.5万美元根本支持不了多久。曹立宇说,“表面上看来,我哥哥比较正常,但他现在只能抵他原来的一半。”
铁道部的陪护人员和兄弟俩住在同一家宾馆,为他们支付食宿费,还帮他们拿行李,但经常会打电话了解曹氏兄弟的行踪。交涉人员曾发出警告,接受记者采访可能会带来“麻烦”。
本月,当两兄弟在温州一个停尸房里对着父母的灵柩恸哭时,铁道部的人员尴尬地聚在一起。“如果把我们跟丢了,他们就会受到批评,” 曹立宇之后在采访中疲惫而无奈地说道。
事故发生几小时之后,铁道部的交涉人员就赶到了各个停尸房和医院,速度之快,医生还没来得及给伤者缝合伤口。他们四五人一组,将遇难者的亲属安排到不同的宾馆,冷酷无情地提出赔偿方案,这些方案到最后都大同小异:每个遇难者获赔14万美元左右。
去年,曹氏兄弟因为拒绝把父母的遗体从停尸房中带走,惹怒了政府官员。事故发生的时候,曹立宇正在攻读信息科学的博士学位,他说,照顾哥哥康复占去了他很多精力。
然而,他仍希望延迟移走父母的遗体,能够说服铁道部妥协,允许他们在福建老家举办一个丧葬仪式。官员拒绝了他们的请求,也许是因为担心会引来其他不满的幸存者。
但曹氏兄弟还是在停尸房草草举行了一个丧葬仪式,并在事故发生的地点稍作停留。上周三,他们安排将遗体送往纽约。本周六在皇后区举办的葬礼,将会吸引几百名福建籍移民前来参加。
谈判缓慢而艰难,曹立衡也越来越沉默。他说,自己对钱已经不感兴趣了,只想早点回家。他在中国最后的时光,大部分都在旅店的房间里阅读关于苦难和救赎的《圣经》故事。他盯着地板说,“我希望生活继续。”
但是目前,弟弟曹立宇还坚决表示要继续斗争,他说,自己已经做好准备,要向中国的法庭提起诉讼,虽然好几个律师都告诫他,这样做很可能是徒劳。“这不仅是钱的问题,” 曹立宇说,“我要的是正义。”
这是他们的父亲第一次也是最后一次来中国度假,从父亲的iPhone里找到的几百张照片中,有一张格外引人注目。画面上是列车车厢里的液晶显示器,炫耀着列车每小时303公里的行驶速度。照片因为摇晃而有些发虚。
“我父亲为中国的进步感到非常自豪,”曹立宇说。“不幸的是,正是这种进步夺走了我父母的生命。”
杰安迪(Andrew Jacobs)是《纽约时报》驻京记者。Mia Li自北京对本文有研究贡献。

黄东辉:论市委书记卷款逃美

 

最新消息说,中共辽宁凤城原市委书记王国强今年4月卷款逃到美国,但有关他出走的消息则是在8月份才刚刚公布出来。

王国强去年曾经以赴美国参加女儿毕业典礼为理由办理了出国护照,但没有成行。他于今年4月被免去市委书记职务。4月24日他擅自与担任丹东海关主任科员的妻子从沈阳机场出境去美国,自此从人间蒸发。据报载,他卷走的贪污受贿款达到了两亿人民币的天文数字。

王国强只不过是一个县级市的市委书记,但是他作为县的最高官员,能够通过多种途径为自己敛财,包含商人们送给他们,截留政府的款项,还包含其他官员向他们买官交的贿赂等。

在中国,权利就是金钱,权越大,钱越多。据报道,前重庆市委书记薄熙来敛财达到了60亿美元的天文数字,并通过各种手段将非法获取的财富转移到了国外。 前铁道部长刘志军,敛财也有几百亿人民币。中国政府的官员们像一群蛀虫和吸血鬼,贪婪地吸允老百姓的血汗,在他们将国有资产和人民的血汗钱放入自己的口袋的同时,老百姓却上不起学,看不起病,买不起房子。中国30多年的改革开放成果绝大部分都进入了这些贪官污吏的腰包,老百姓只是获得温饱而已。

中国的官员们之所以能够如此容易地敛财,是因为中国政府官员的权力不受制约,媒体都是受政府控制,老百姓没有办法监督他们。中国也没有独立的司法体系,公检法都是受政府的控制,而不是互相制约。如果老百姓想举报官员贪污受贿,等待他们的是工作被开除,拘留和判刑等惩罚。

作为中国人权组织的一名成员,我强烈呼吁中国政府开发言论自由,尤其是网络自由,停止封锁互联网,创造条件让人民群众有效地监督政府官员的行为,杜绝贪污腐败,让改革开放的成果由全社会的所有成员来共享,而不是进入政府官员的腰包。
  

Refugee Repatriation Confirmed

2012-08-28
Chinese authorities send at least 1,000 back over the border into Burma.
Photo courtesy of Human Rights Watch
A June 2012 dated photo of a Kachin refugee who gave birth in China’s Yunnan Province, after being forced back to Burma.
A senior official in northern Burma's ethnic Kachin government confirmed on Tuesday reports that Chinese authorities have sent refugees fleeing armed ethnic conflict back over the border from the southwestern province of Yunnan.

A deputy health minister in the Kachin government told RFA's Mandarin service that officials in Yunnan's Dehong prefecture had already requested that officials on the Burmese border assist them in transporting the refugees back home.

"Yes, that's correct," the official said, when asked to confirm the reports. "There were more than 1,000 of them [who were sent home]."

"They wanted us to hurry up and move the refugees [back home]," said the official, who gave only his surname, Pai. "They discussed this issue with our government."

"We explained things clearly to the refugees, but there were some who still didn't want to leave."

He said Chinese officials from the Ruili municipal government in Dehong had said they saw no reason for the refugees to remain.

"The Chinese came to our government and said that they should all go back now, because there was no longer any sound of gunfire, and that the fighting had stopped," Pai said. "They were adamant that [our people] should leave."

Calls to the Ruili municipal government went unanswered during office hours on Tuesday.

Difficult conditions

Pai said the majority of the refugees in the border area have now returned to the Burmese side, without giving specific figures. Rights groups estimate that 7,000-10,000 people fled to Yunnan, but aid groups say they lack definitive data in the absence of official involvement in the camps.

"Most of them, after they arrived back in Burma, went to areas that are under our control," he said. "The conditions there are very difficult, as everything is very scarce."

"It's not easy for them to find somewhere to live or food to eat," he added.

On Friday, the New York-based Human Rights Watch (HRW) reported that China had forcibly returned at least 1,000 ethnic Kachin refugees to northern Burma after they fled from armed conflict, abuses, and lack of basic humanitarian supplies.

Beijing denied the allegations via its official media.

The Kachin refugees were expelled from around 12 makeshift camps in Yunnan, where they had been living since June 2011.

Thousands more were at risk of immediate forced repatriation across the border from Yunnan, where they are currently being looked after by nongovernment and religious aid groups, HRW said in a statement.

The group called on the Chinese government to "urgently change course" and to honor its obligations to refugees under international law.

'Leave immediately'

The U.S.-based Christian group ChinaAid quoted Kachin refugees in a makeshift camp at Nongdao as saying that they had been sent back across the border on Aug. 21.

"They started the repatriation operation on Aug. 21, and told us to leave immediately," one woman told ChinaAid. "Everyone was begging the people who were making us leave China, but they threatened us."

"They said that if we didn't leave, they would send us back into Burmese government-held territory."

The refugees were transported across the border in more than 20 buses provided by the local government, and their temporary homes were demolished, ChinaAid said.

Aid worker Ma Er, who is coordinating relief work at some of the camps on behalf of Christian groups, said Chinese officials had been stepping up efforts to get the Kachin to leave in recent weeks at camps he had visited.

"They really couldn't leave, because their homes are now under the control of Burmese government troops," Ma said. "When those troops...enter a village they take everything of value to the people there, like chickens, pigs; they take it all away."

"This means that the local people have no means to exist there," he said. "I also heard that there was a woman who was raped."

Drug accusations

Ma said the majority of Kachin refugees in China were unwilling to leave, but that the local authorities had recently begun accusing them of smuggling drugs and ordered them to return over the border.

"The police came several times [to one of the camps] and said that there was drug smuggling and dealing going on, but when they searched the place they found nothing," he said.

Ma said there had been tens of thousands of Kachin refugees in and around Ruili at the height of the fighting. It was unclear how many remained on the Chinese side, however.

An official who answered the phone at Dehong's Yanjiang county government declined to comment.

"You probably have a different understanding of this matter than we do, so I can't really answer your questions," the official said.

HRW said that an estimated 75,000 people have been displaced by the fighting, while both sides have been implicated in the use of land mines and child soldiers, in violation of international law.

And while the Chinese government had provided sanctuary to an estimated 7,000 to 10,000 Kachin who fled across the border to Yunnan, the authorities failed to provide them with any aid.

"The Chinese government has denied United Nations and international humanitarian agencies much-needed access to these refugees," the group said.

Renewed conflict

A 17-year cease-fire agreement ended in June 2011, when Burmese forces moved in to close a Kachin Independence Army (KIA) militia camp, rekindling the conflict.

The conflict has intensified in recent months, with stepped-up attacks from both sides.

The KIA killed four government officials in April and blasted multiple rail lines, and government forces reportedly shelled several KIA bases in a recent helicopter attack.

China's foreign ministry has refused to define the Kachin people in Yunnan as refugees.

The official media has admitted, however, that 4,000 people from Kachin are currently in Yunnan, because they "fled conflict."

Reported by Qiao Long for RFA's Mandarin service. Translated and written in English by Luisetta Mudie.

AIDS Patients Protest in Henan

2012-08-29
People infected with AIDS through an official blood-selling scheme storm a government building in central China.
AFP CHINA XTRA
A man gets a free AIDS test during an event to mark World's AIDS Day in Chongqing, Dec. 1, 2011.
AIDS patients in the central Chinese province of Henan, many of whom were infected through tainted blood transfusions, have renewed calls for compensation and healthcare payouts after angry protests outside a local government building sparked clashes with police.

Hundreds of AIDS patients tore down the gates of the Henan provincial government buildings on Monday, in a bid to get officials to take heed of their demands.

"[On Tuesday], around noon, 200 people went back to gather outside the government buildings, to seek an explanation," said protester and AIDS patient Li Xiuping. "They were really brutal and they pushed us to the ground."

"Four of them got me by the arms and dragged me away," she said, adding that the authorities had apparently called for reinforcements later in the day.

"By the afternoon, a lot of officials had arrived from other districts, and were forcibly shoving people onto buses," she said. "We were all taken back [to our home districts]."

"Everyone is very angry," said activist Li Xige following Monday's violence, which was sparked when hundreds of AIDS patients and their relatives gathered outside the Henan government building in the provincial capital Zhengzhou to protest at a lack of affordable medication and social welfare payments.

Li said the AIDS patients wanted to sue the local authorities for failing to deliver promised treatment packages and adequate compensation after they were infected via tainted blood supplies in local hospitals and clinics.

"We have tried to file a lawsuit, but the Henan government won't let us," she said. "If it went to court, we could get more compensation, and then there's the issue of the children's medicines."

She said many of the protesters' children had also become infected with the HIV virus through mother-to-infant transmission, but that the authorities had recently begun to hand out inferior medications.

"We used to take imported medicines, but they have changed it to medicines produced in China, and there are very severe side-effects," Li said.

AIDS clash

About 300 Chinese AIDS patients and their relatives stormed and tore down the main gate of the Henan provincial government, prompting a baton attack by local police, protesters said.

Activists estimate that at least 100,000 people in Henan alone are believed to have been infected with HIV during the blood-selling schemes run by local governments, which bought blood donations from impoverished rural residents, but also took a cut of the proceeds.

Collectors paid villagers to give their blood, pooled it without testing for HIV or any other infections, extracted the valuable plasma and then re-injected the blood back into those who sold it. Around 40,000 of them have now died of AIDS, leaving around 60,000 still living with HIV.

An official who answered the phone at the Henan provincial government offices confirmed the protests had taken place.

"We have finished dealing with it now," he said. "We have done some work [with the protesters] and they have all left now."

"They have made their demands; the main thing is that they want higher standards of care," he said. "The provincial government hasn't yet made a decision on these rules."

Henan AIDS patients launched a campaign to file a class action lawsuit against the authorities in July, calling on others affected by the tainted blood scandals to join them.

The initiative came after several years of petitioning central government authorities in Beijing, to no avail.

Activist Sun Ya said seven lawyers had already offered to represent the group on a pro bono basis, and that some of the group was using China's popular microblogging services to recruit more people to join the lawsuit.

It wasn't clear whether Sun's group was involved in this week's protest.

Clinics 'still operating'

Retired gynecologist and former medical professor Gao Yaojie, currently living in the United States, says the majority of new HIV infections come from a network of thousands of blood-selling and transfusion clinics which are still operating in poorer regions of the country.

Gao, 85, fled China in 2009 in order to publish work relating to the scandal of HIV-infected blood transfusions and the practice of blood-selling in poverty-stricken rural areas.

Chinese health authorities said the number of people living with HIV/AIDS stood at around 780,000 at the end of 2011, a figure Gao said was closer to 10 million.

Gao warned last year that there are currently more than 10,000 blood-selling stations across China, in all regions of the country, and that only around 10 percent of HIV infections are transmitted through sex.

Reported by Fang Yuan for RFA's Mandarin service. Translated and written in English by Luisetta Mudie.

Liu's Parole Rumors Rejected

2012-08-29
The former lawyer of jailed Nobel laureate Liu Xiaobo denies reports that the dissident will be released for medical treatment.
AFP
Hong Kong protesters call for the release of Liu Xiaobo, June 25, 2009.
The family of imprisoned Chinese Nobel Peace Prize winner Liu Xiaobo has dismissed rumors that he will receive an early release on medical grounds, his former lawyer said Wednesday.
China’s microblogs were awash with tweets this week claiming that Liu, a democratic reform advocate who was sentenced to 11 years in jail in 2009 for subversion, had been granted early release for medical treatment and that his wife, Liu Xia, was preparing to go pick him up from Jinzhou prison in eastern China’s Liaoning province.
But Liu’s former lawyer, Shang Baojun, denied the reports, saying the dissident’s family members had not been informed of any medical parole.
"From what I know, it is not true. I contacted Liu Xia’s family to ask them about it and they said no such thing has happened. I don't know where such news came from,” he told RFA’s Cantonese service.
Shang, who defended Liu during his subversion trial in 2009, said Liu Xia remains under house arrest in Beijing.
“Nothing has changed. She is still under residential surveillance.”
Liu Xia has been under strict house arrest since the announcement in October 2010 that her imprisoned husband was awarded the Nobel Peace Prize for his “long and nonviolent struggle for human rights in China.”
Nobel dissident
Liu Xiaobo, a literary critic and former professor, was detained in December 2008 after he helped draft Charter 08, a manifesto calling for sweeping changes in China's government that was signed by thousands of netizens.
A year later, he was sentenced to 11 years in jail for “inciting subversion of state power” in the charter and in six other articles published online.
China censored news of the Nobel and the award ceremony in Oslo, when Liu’s medal and diploma were presented to an empty chair, an image that became a symbol for the dissident among his supporters online.
Since September last year, authorities have not allowed any of the dissident’s family members aside from his wife to visit, Liu Xiaobo’s younger brother Liu Xiaoguang told the Hong Kong-based Information Center for Human Rights and Democracy.
Liu Xiaoguang, who lives in Dalian, also told the organization that he had not been notified of any medical parole.
RFA’s calls to their other brother Liu Xiaoxuan in Guangzhou went unanswered.
Rumors that the dissident was to be freed also circulated the Twittersphere last April, but were later proved unfounded.
China has previously allowed high-profile prisoners to be released on medical parole, with some dissidents quietly slipping out of the country and going into exile after their release.

gaozhisheng-305.jpg
Lawyer Gao Zhisheng in his Beijing office, Nov. 2, 2005. AFP

Gao Zhisheng
As the rumors of an early release for Liu Xiaobo were rejected, lawyers for another prominent Chinese dissident were denied permission this week to visit him in prison in remote Xinjiang province.
The two lawyers hired by Gao Zhisheng’s relatives traveled to the prison in Shayar county on Monday but were refused a visit, according to the U.S.-based Christian group ChinaAid.
The lawyers, Li Subin and Li Xiongbing, confirmed in interviews with RFA that they could not meet with Gao, a lawyer himself who defended activists and religious minorities before his imprisonment.
Gao has only received one visit by his family since a formal announcement of his imprisonment in December last year. His whereabouts were unknown until authorities told his family in January 2012 that he was being held in Xinjiang, after a court revoked his parole on a suspended sentence for "inciting subversion" and ordered him to serve out three years in jail.
ChinaAid President Bob Fu said he learned from the two lawyers that they arrived at the prison on Monday morning and submitted a request to meet with Gao.
But prison officials told them they could not see the prisoner because Gao does not want to meet with family or lawyers and a visit was against the rules, Fu said.
They were also told that Gao himself is a qualified lawyer who does not need to be represented by others and that they had no legal authority to represent or visit him.
They protested the decision to Xinjiang’s Bureau of Prisons the next day, but officials there maintained that they could not visit Gao, Fu said.
The two lawyers were entrusted with Gao’s case last month by his brother, Gao Zhiyi, who confirmed they were involved with the case but refused to comment on their visit to the prison.
“I do not know whether they went or not.  I entrusted them a month ago,” he told RFA.
Once lauded by China's ruling Communist Party, Gao fell afoul of the government after he defended some of China's most vulnerable people, including Christians, coal miners, and followers of the banned Falun Gong spiritual movement.
In 2006, authorities arrested Gao and handed him the sentence for “inciting subversion” that was later suspended, but over the next five years, Gao repeatedly suffered forced disappearances and torture, his wife, who is now in the U.S., has said.
Reported by Grace Kei Lai-see for RFA’s Cantonese service and by Gao Shan for RFA’s Mandarin service. Written in English by Rachel Vandenbrink.

Activist’s Detention Extended

2012-08-29
Vietnamese authorities extend the detention of a democracy campaigner and reject an appeal by a labor activist.
AFP PHOTO/Vietnam News Agency
Nguyen Quoc Quan being detained in Ho Chi Minh City, in an undated picture taken by the Vietnam News Agency.
Vietnamese authorities have extended the detention of a Vietnamese-American by another four months after apparently finding no evidence to press “terrorism” charges against him, a political opposition group said Wednesday.

Nguyen Quoc Quan, 58, also known as Richard Nguyen, was arrested on April 17 as he deplaned in Tan Son Nhat airport and charged with terrorism under Article 84 of the Vietnamese Penal Code for allegedly trying to disrupt the anniversary of the fall of Saigon at the end of the Vietnam conflict.

At the end of a four-month detention period this month, the Vietnamese authorities “quietly” changed the democracy activist’s charges from terrorism to subversion for merely being a member of opposition group Viet Tan, which is outlawed in the one-party communist state, family sources said.

He is now accused of “attempting to overthrow the people’s government,” according to the family sources cited by Viet Tan.

“After labeling Dr. Quan as a terrorist in state media, the fact that Hanoi is dropping the Article 84 charge means that authorities could not demonstrate a single reason why the Viet Tan member and democracy activist committed terrorism,” Viet Tan said in a statement.

“By arbitrarily accusing Dr. Quan of terrorism and detaining him illegally since April 17, 2012, Hanoi has added another black mark to its deplorable human rights record.”

Intolerance for rights

Viet Tan said Article 79, the law under which Quan is accused of subversion, had been used in the past as a pretext to “repress and silence peaceful democratic voices.”

“Viet Tan will continue to work for the immediate and unconditional release of Dr. Quan and all other political prisoners held in Vietnam,” said Party Chairman Do Hoang Diem.

Quan, who received his doctorate in mathematics from North Carolina State University, is a former high school teacher in Vietnam.

He was previously detained by Vietnamese authorities in November 2007 and held for six months for distributing materials promoting nonviolent tactics for civil resistance.

Appeal trial

The new charges against him come as a top court in Vietnam turned down an appeal by a prominent labor activist who was sentenced to five years in prison in June for distributing propaganda against the state.

The People’s Supreme Court in southeastern Vietnam’s Ninh Thuan province on Wednesday upheld the prison sentence of 53-year-old Phan Ngoc Tuan, an advocate for workers’ rights and an activist who has raised concerns about actions committed by local government.

Tuan, who is also a Catholic missionary, was arrested on Aug. 10 last year for distributing leaflets that denounced “wrongdoings” by local authorities.

On June 6, during a trial in which he did not have legal representation, he was sentenced to five years in prison for “conducting propaganda against the state” under Article 88 of the penal code, and an additional three years of probation.

Tuan’s wife, Nguyen Thị Nụ, told RFA’s Vietnamese service that she had only recently learned of the appeal date.

“I was not informed of the court date and only knew it to be Aug. 29 after visiting my husband,” she said.

“During the indictment, my husband said that he did not expect any leniency … as he was fighting corruption … ,” she said.

Nu said that her husband had told her previously that he would appeal to Vietnam’s Head of State, no matter what the outcome of the Supreme Court appeal.

Threat of retribution

Nu said that she had received no word from court authorities on legal action she and her husband had taken to protect the interest of the workers they distributed leaflets to.

“So far, the court has only held the trial concerning the events since 2011, saying that [Tuan] distributed flyers to instigate action [against the State],” she said.

“There were 500 workers in total, but only [my husband] stood up to fight.”

Nu said that it was important to publicize her side of the story, despite the threat of retribution from the government.

“There are still our kids to think of besides ourselves,” she said. “I’m very scared.”

Phil Robertson, deputy director of the New York-based Human Rights Watch’s Asia division, said Tuan’s trial demonstrated the Vietnamese government’s intolerance for any kind of opposing viewpoints in society.

"The national government should recognize the importance of activists like Phan Ngoc Tuan, who demand respect for worker rights and expose discriminatory practices by local authorities,” Robertson said in a statement.

“Locking away activists like Phan Ngoc Tuan will only mean that local government authorities will be able to enjoy a free hand to abuse their power to enrich themselves and violate human rights,” he said.

“This case is yet another instance of Vietnam shooting the messenger rather than addressing the grievances that make local activists stand up and demand justice and accountability."

Reported by RFA’s Vietnamese service and Joshua Lipes. Translated by Viet Long. Written in English by Joshua Lipes.

Wednesday, August 29, 2012

俄前高官披露普京奢侈生活

莫斯科——据传,弗拉基米尔·V·普京(Vladimir V. Putin)总统是世上最富有的人之一,他靠石油得来的财富价值数百亿美元。普京对此大力否认,但即将在周二发布的一份报告显示这一争论或许无关紧要。
这份报告被充满讽刺意味地命名为“苦役的生活”(The Life of a Galley Slave),因为普京就曾这样形容自己的职位。俄罗斯反对党领袖表示,自12年前普京首次担任总统以来,总统特权获得了巨大扩充——多座宫殿、一个航空编队的喷气式飞机和大量豪车。
可供这位俄罗斯总统使用的20处住宅包括康斯坦丁宫(Constantine Palace),这是沙俄时期的建筑,位于芬兰湾,其修复就花费了数千万美元;还有位于高加索山脉的滑雪度假屋和位于莫斯科地区哥特复兴式宫殿。普京还坐拥15架直升飞机、四艘宽敞的游艇和43架飞机,其中包括一架空客(Airbus)、一架达索猎鹰(Dassault Falcon) 及一架作为主要总统专机的伊留申(Ilyushin),其内部的黄金镶嵌装饰皆出自谢尔吉耶夫市的匠人之手。报告称,仅这些飞机就价值大约10亿美元。
报告的作者写道,“与此同时,在这个国家还有很多人的生活入不敷出”。
报告的形式像是一篇时尚调查报道,近期的同类型作品揭示了朝鲜领导金正恩(Kim Jong-un)的夫人身着奢侈品牌服装。报告的作者为数度入狱的前副总理鲍里斯·涅姆佐夫(Boris Nemtsov)与团结工会运动(Solidarity movement)成员列昂尼德·马丁纽克(Leonid Martynyuk)。他们公布了这位俄罗斯领导人在会议和公共场合中露出手腕的放大照片,上面显示了各式各样的名贵手表。这些手表总共有11只,零售总价高达68.7万美元——这是普京年收入的六倍之多。
“他的生活方式,”报告作者总结道,“和波斯湾的王室,或炫耀招摇的寡头不相上下。”
这篇报告没有深究普京的个人财富问题,但指出其财富规模可能没有很多人提出的那样巨大。报告说,普京“疯狂执迷于权力”的原因是“他已经习惯于富有和奢华的氛围,绝对不愿放弃。”
在回应一封书面质询时,克里姆林宫的新闻办公室表示,普京的发言人德米特里·S·佩斯科夫(Dmitri S. Peskov)正在度假,因而不能就报道的内容作出回答。但据《生意人报》(Kommersant)报道,佩斯科夫回应说那些住宅、飞机和豪车都是政府资产,由总统合法使用。
公平的说,普京对手表的喜爱也不是完全自私的:有视频显示,普京曾两次解下腕表送给旁人。受惠者分别是一名男孩和一名工人,涅姆佐夫估计,他们收到的宝铂表(Blancpain)每只价值逾9000美元。
直到最后,普京也从没有为享用职务之便向人民道歉。“对那些为我投了两次票的公民,我问心无愧,”俄罗斯新闻社(Russian Information Agency)报道普京在2008年如是说。“八年以来我像苦役一样辛劳工作,从早到晚。”

国航北京飞至纽约航班收到威胁信息已返航

(博讯北京时间2012年8月29日 转载)
   
    来源: 大洋网
    
    快讯:中国国际航空公司刚刚发布公告,今日下午13时30分由北京飞至纽约的国航CA981航班受到威胁信息,目前该航班已返航北京首都国际机场。
   
    本文来源:大洋网

------------------

人民网8月29日讯(记者:刘茸) 中国国际航空公司一趟由北京飞往纽约的航班因受到威胁,在起飞后7小时返航降落,补发的航班将于今天半夜再次起飞。

国航的官方微博“@中国国际航空”于今晚北京时间8时20分左右发布了一条特别公告微博:由于收到了CA981航班受到威胁的信息,为了确保旅客的安全,该航班已返航北京首都国际机场。

人民网记者致电国航客服电话,客服人员查询航班信息后向记者证实,该航班确实已返航,但看不到有关返航原因等信息,并表示,尚未从机场方面得到任何具体的情况说明。

21时记者在国航官方网站上查询CA981航班状态信息时看到,预订于今日下午13时起飞的该航班实际从北京起飞的时间为13时30分,并于20时25分回到北京,情况说明为“返航”。补发航班时间也已确定,为同一班次,将于今晚23时55分起飞,预计8月30日零时48分(纽约时间)到达纽约。

记者致电首都机场国航办公室,电话一直处于占线状态。

晚9时15分左右,首都机场官方微博更新消息:大家关注的CA981航班,已经平安降落首都机场。

Monday, August 27, 2012

Police Raid Christian School

2012-08-22
One member of a Chinese Christian summer school is beaten and others have to undergo a 'political' probe.
Imaginechina
Choir members sing Christmas carols at a church in Shanghai, Dec. 24, 2011.
Updated at 4:30 p.m. EST on 2012-08-22
Authorities in the eastern Chinese province of Anhui have shut down a Christian summer school run by an unofficial "house church," beating at least one of its members and placing others under "political investigation," a church member said on Wednesday.

The educational camp, which was being run by a Protestant church not formally registered with the ruling Chinese Communist Party in Anhui's Linquan county, had 82 students enrolled from local primary and secondary schools, organizer Lu Gensheng said.

Lu said he was beaten by a government official after the teachers and student volunteers from the camp were taken to the local government office building in nearby Jiangzhai township. "They were swearing at us, and one guy came out and starting beating me; he said he was beating us Christians to see how we liked it," he said.

"It was in the courtyard of the township government, and there were 50 or more officials present...so I ran out of the main gate...where they beat me another time," Lu added.

He said police then bundled him in a car and took him to the township hospital.

The action came as Chinese authorities intensified their harassment of Christians, cracking down on unofficial worship across several Chinese provinces.

Lu said officers from the Linquan county police department, police from Jiangzhai township, and officials from the township government raided the camp at the weekend.

"They burst into our classroom [on Aug. 19] and took all of our teachers and students from a Beijing university to the township government offices," Lu said.

"Everyone was interviewed separately and had to sign [a guarantee statement]," he said. "They also made everyone leave Linquan county immediately, although we told them we hadn't broken any laws."

He said police had warned the church members during their interviews that they were attending an "illegal gathering."

Restrictions

Chinese authorities have recently moved to increase restrictions on the activities of China’s house churches, whose members are estimated to number about 40 million according to government figures.

An officer who answered the phone at the Jiangzhai township police station denied that police had neglected to help Lu during the attack.

"How did we ignore him? We listened, and we dealt with the case," the officer said. "We investigated it."

But he declined to comment further. "This matter has been reported back to the county police department," he said.

Meanwhile, one of the student volunteers who was sent back to Beijing after the raid said that police had stormed into the classroom while he was giving a piano lesson to a student at the camp, which offered revision classes in key academic subjects, as well as cultural activities.

"They burst into the classroom suddenly during a piano lesson," said the student, who asked to remain anonymous. "They didn't knock, and they asked us what we were doing."

"They started filming and taking photographs of all the teaching materials we were using, and then they asked to see our ID," he said. "They told us to go home the very next day."

He said the volunteers had been enrolled by the state-backed Protestant group, the Three-Self Patriotic Movement, in Beijing's Weigongcun district, and that their universities had been informed of the raid by Anhui police.

"My school told me that we had been accused of carrying out missionary work elsewhere...and they said we would have to undergo a new political investigation," the student said.

"I don't know what sort of impact this whole affair is going to have on me," he said. "Four of my classmates have already been investigated."

'Three-Self' state church group

Earlier this month, members of an unofficial Christian group in the eastern province of Jiangxi said they had come under strong pressure from local authorities to join the Three-Self church group backed by the Communist Party, and to hand over confidential lists of members.

House churches, which operate without official registration documents and without the involvement of the local religious affairs bureaus, come in for surveillance and repeated raids, especially in the more rural areas of the country, according to overseas rights groups.

The State Department’s 2011 Religious Freedom Report that reviewed the situation across the globe last year slammed China, saying there was a “marked deterioration” in Beijing’s respect for and protection of religious rights in the world’s most populous nation.

It cited increased restrictions on Tibetan Buddhist monks and nuns and clampdowns on religious practices as well as “severe” repression of Muslim Uyghurs in the volatile Xinjiang region.

Officially an atheist country, China nonetheless has an army of officials whose job is to watch over faith-based activities, which have spread rapidly.

Party officials are put in charge of Catholics, Buddhists, Taoists, Muslims, and Protestants. Judaism isn't recognized and worship in nonrecognized temples, churches, or mosques is against the law.

Reported by Qiao Long for RFA's Mandarin service. Translated and written in English by Luisetta Mudie.
CORRECTION: An earlier version of this story misstated the names of Linquan county and Jiangzhai township.

Editor Suicide Linked to Pressure

2012-08-23
Chinese journalists say they 'can think but can't write, can write but can't publish.'
ImagineChina
Newspapers for sale at a stand in Shanghai, Sept. 30, 2011.
The suicide this week of a top features editor at the Communist Party official newspaper People's Daily has sent shock waves through the tightly controlled world of China's state-run media, commentators said on Thursday.

Xu Huaiqian, 45, was the editor of the "Dadi" cultural supplement of the paper when he took his own life on Wednesday after suffering severe mental health problems, a friend and associate said via China's microblogging services.

"I received a text from a friend to say that ... Xu Huaiqian jumped off a building and died on Wednesday afternoon at 2:00 p.m., because he was suffering from clinical depression," wrote Xu Xunlei, editor of the Hangzhou-based Metropolis Express newspaper.

However, an employee who answered the phone at the newspaper offices declined to comment. "We don't know about this matter," the employee said, before hanging up the phone.

Some microbloggers made an immediate link between Xu's reported depression and the huge mental pressure on journalists under China's draconian controls on its media.

"Xu Huaiqian said when he was alive that his pain lay in the fact that he dared to think things but didn't dare to say them; that he dared to say them, but didn't dare to write them; that he dared to write them, but that there was nowhere to publish them," wrote microblog user @huayanbatu.

'Internal struggle'

User @haiyangzhilushang agreed, saying that Xu was sure to have many things bottled up inside him that couldn't be spoken about.

"This internal struggle and conflict forced him to take the road from which there is no return," the user wrote.

No suicide note was reported, but Xu's own writings may give some clue as to the meaning of his suicide in his own mind.

"Death is a heavy word," he wrote in a 2008 article about social injustice.

"In China, there are many situations in which society won't pay much attention to you unless you die; in which only death is sufficient to change things for the better," he said.

Indeed, Xu's death appears to have had a very public impact.

The editor of Qingdao Literature magazine, Han Jiachuan, posted a statement online in response to Xu's death, expressing his grief that he wouldn't get together with his friend again, while China Youth Daily columnist Cao Lin said he was "in shock, and in tears" at the news.

Current affairs commentator Yang Jinlin said via her microblogging account that Xu's passing was a "terrible pity" for a man only in his forties.

Common situation

Meanwhile, Beijing-based veteran journalist Gao Yu said she had frequently written articles that her editors didn't dare to use, a situation which most Chinese journalists have found themselves in.

"When I wrote for the China News Service, I would pass myself off as a foreign writer based overseas, but very frequently they couldn't publish my articles," Gao said.

"It made me feel as if I couldn't express my ideas," she said. "I was also in the position of daring to write but being unable to publish."

"Of course it's hugely depressing to be in that situation."

Li Datong, ousted former editor of the cutting-edge China Youth Daily supplement "Freezing Point," said people who worked at the People's Daily would have long ago come to terms with media restrictions, however.

"I think this is an individual case, and it doesn't really represent anything else," he said.

Xu graduated from the Chinese department of the prestigious Peking University in 1989, going on to gain a master's degree in literature at the equally prestigious Chinese Academy of Social Sciences, before starting work at the People's Daily.

He also wrote a number of articles in his spare time, which were published on the China Writer website, including "Testifying Through Death" and an essay collection, "Walking and Thinking."

Unknown factors?


According to the ousted former editor of Baixing magazine, Huang Liangtian, Xu may have had unknown factors in his private life contributing to his mental state.

"I have tried to ask some of my friends at the People's Daily, but they can't really get to the bottom of it," Huang said. "We're no longer limited to a few official media outlets for our expression."

"We can express ourselves in private gatherings, and online, on the microblogs," he said.

Last month, in what many said was an renewed censorship drive ahead of a crucial leadership transition later this year, Chinese authorities removed from their posts top editorial staff at a Shanghai newspaper and the editor-in-chief of a cutting-edge Guangzhou newspaper.

Li Fumin, former editor-in-chief of the New Express newspaper in Guangzhou, which is published by Nanfang newspaper group, and Lu Yan, who headed the Shanghai-based Eastern Daily News, were both removed from their posts.

The 2010 survey of global press freedom carried out by the Paris-based media watchdog Reporters Without Borders put China 171st out of 178 countries and territories for journalistic autonomy.

Chinese authorities retain blocks on foreign social media platforms like Twitter and have tightened controls on investigative reporting and entertainment programming in advance of a sensitive leadership change scheduled for 2012, according to a recent survey by the U.S.-based Freedom House.

Detailed party directives—which can arrive daily at editors’ desks—also restrict coverage related to public health, environmental accidents, deaths in police custody, and foreign policy, among other issues, the report said.

Chinese journalists and millions of Internet users continue to test the limits of permissible expression by drawing attention to incipient scandals or launching campaigns via domestic microblogging platforms, it added.

Reported for RFA's Cantonese service by Grace Kei Lai-see and by Xin Yu for the Mandarin service. Translated and written in English by Luisetta Mudie.

Guards Return to Chen's Village

2012-08-24
Chinese authorities step up surveillance in the village where blind dissident Chen Guangcheng was held under house arrest.
AFP
Plainclothes security monitor the entrance to Dongshigu village in Shandong where Chen Guangcheng was held under house arrest, April 28, 2012.
Authorities have reimposed strict security measures in the home village of blind Chinese dissident Chen Guangcheng after removing them in the wake of the activist's daring escape from house arrest and subsequent move to the U.S., Chen's brother said on Friday.
"They have just announced the list of names for the security squad," Chen Guangfu said by telephone from his home in Dongshigu village in the eastern province of Shandong, where the activist lived under 19 months of house arrest until his escape in April.
"There are six or seven people assigned to our village, all of them local residents," Chen Guangfu said.
"They are likely to be doing the same as the guards did before, like spying on strangers and not allowing local people to talk to them."
He said the authorities had also stepped up pressure on the brothers' elderly parents in recent days and had detained relatives of his sister-in-law.
"They wanted to stop my parents from doing my job, and prevent them from getting in touch with the outside world," he said. "They put pressure on them, and they put pressure on me."
Chen Guangcheng, now living in New York with his family, has said that he and his family experienced illegal detention and brutal beatings while under house arrest in Dongshigu and that Beijing had promised him it would sack officials responsible for the mistreatment.

chen-guangcheng-washington-400
Chen Guangcheng speaks to reporters in Washington, Aug. 1, 2012. Credit: RFA.

Dissident's nephew
Chen Guangfu's son, Chen Kegui, faces "intentional homicide" charges for his role in defending his family from an allegedly brutal attack in the aftermath of his uncle's escape, although a trial date has yet to be fixed in a case which has been shrouded in secrecy.
Shandong-based rights lawyer Liu Weiguo said Chen Kegui's case had not yet been sent to the state prosecutor's office, in a sign that police were still trying to gather evidence for the charges.
"The investigation period should normally be no longer than three months, so it has already passed," Liu said. "This is definitely against the law."
"After three months are up, they should implement control measures such as bail, or house arrest, or they should bring formal charges," he said. "If the police act illegally during the investigation period, then the ... [prosecution service] has a duty of oversight, and should deal with it."
Chen Kegui has been denied access to a lawyer appointed by his wife, Liu Fang, who is now in hiding.
Chen Guangfu said Liu Fang's mother and brother had also recently been detained.
"They were asking them Liu Fang's whereabouts, and they took down the phone numbers and addresses of all of her relatives," he said.
Diplomatic row
Chen Guangcheng's daring escape from his closely guarded home and subsequent flight to the U.S. Embassy in Beijing, where he sought refuge for nearly a week, came just ahead of annual strategic dialogues between U.S. and Chinese officials, prompting a diplomatic crisis and frantic behind-the-scenes negotiations.
The diplomatic crisis was defused in May after Chen was allowed to fly to New York, where he is now a special student in law at the U.S.-Asia Law Institute of New York University.
He accused Beijing last month of failing to honor its pledge to investigate abuses that he and his family were subjected to in China, as he met with top U.S. lawmakers in Washington.
Reported by Grace Kei Lai-see for RFA's Cantonese service. Translated and written in English by Luisetta Mudie.

甘肃陈平福因针砭时弊被控“煽颠”案将开庭

 
   
    来源:维权网 信息员:上官清明
   
    据消息人士称:甘肃兰州网友陈平福近日接到兰州市中级人民法院一名自称姓丙的法官电话通知(09318563257):陈平福被指控煽动颠覆国家政权罪一案,将在9月5日开庭审理。
   
    陈平福是因在自己博客上撰文谈政治,被兰州当局指控煽动颠覆国家政权罪的。详见本网相关报道(陈平福被控“煽动颠覆国家政权”,因病被监视居住(图)http://wqw2010.blogspot.com/2012/04/blog-post_7614.html)
   
    据陈平福本人介绍:
   
    起诉书主要内容是:
   
    本案由皋兰县人民检察院报送兰州市人民检察院审查起诉,经依法审查查明:
   
    2007年7月至2012年3月,被告人陈平福先后在网易、百度、搜狐、时光网、新浪、天涯等网站发表、转载了30多篇文章(文章题目略去)说:马列主义、毛泽东思想、邓小平理论、三个代表和科学发展观对社会和人民没有任何好处;共产党执政只知道欺压百姓,不让穷苦人谋生;现行制度不够民主,应该实行民主宪政等煽动性观点。
   
    本院认为,被告人陈平福无视国法,在互联网上针对不特定的网民散布攻击党和政府的言论,诋毁、诬蔑国家政权与社会主义制度,其行为触犯了《中华人民共和国刑法》第一百零五条第二款之规定,犯罪事实清楚,证据确实、充分,应当以煽动颠覆国家政权罪追究其刑事责任。依照《中华人民共和国刑事诉讼法》第一百四十一条之规定,特提起公诉,请依法判处。
   
    此致
   
    甘肃省兰州市中级人民法院
   
    代理检察员:王海龙
   
    目前,陈平福因为经济困难,无钱为自己聘请律师,希望愿意为陈平福提供法律帮助的公益律师,与本网联系。
   
    甘肃陈平福因针砭时弊被控“煽颠”案将开庭

    甘肃陈平福因针砭时弊被控“煽颠”案将开庭

陈光诚兄长拟状告公安及镇政府私闯民宅

 
   
    自由亚洲电台2012-08-27报导
     (博讯 boxun.com)

    旅居美国的盲人维权人士陈光诚在家乡山东临沂的哥哥陈光福星期一告诉本台,他日前到检察院讯问儿子陈克贵的消息,得到的答复是没有收到相关案件,他已聘请律师准备就官方人员私闯民宅,起诉沂南县公安局经侦大队和双堠镇政府。
   
    维权人士陈光诚的大哥陈光福星期一告诉本台,他最近曾到当地检察院讯问儿子陈克贵的案情进展,得到的答复却是“没有接到案件”:“我去检察院问过案子按程序走,已到哪一个部门,他们明确地告诉我,没有收到这个案子,我反复的问,都四个多月了,你们怎么会没有收到?他们说,确实没有收到。那就在公安手中,我也找人问过,既然检察院没有收到,那就还在公安侦查阶段。”
   
    记者:后来您去找公安了吗?
   
    回答:还没有,但是有人告诉我,最长可以一年零八个月。
   
    陈克贵和家人今年四月被当地政府人员强行入屋殴打,双方发生冲突,陈克贵砍伤带头打人的双堠镇镇长张建,其后被当局以“故意杀人罪”逮捕。回忆事发情景,陈光福说,计划起诉沂南县公安局和双堠镇镇政府:“公安局和镇政府等光诚走了(逃出东师古村)以后,他们非法侵入我的住宅,我当时在家有三口人,我的儿媳妇,还有我的儿子克贵,还有我孙子当时发着高烧四十度,除了我孙子以外,我们四个人都被他们打了,我儿媳妇被打成创伤性肩周炎,花了四千多元才治好,我儿子被他们打成了‘故意杀人犯’,如果他们不是往死里打,他也不会摸起菜刀。但是对他们的侵权行为,我是要追究他们责任的,沂南县公安局经济侦查大队是非法侵入住宅,我已经请了律师,准备对他们提起起诉。”
   
    陈光诚于4月19日离开东师古村,数天后,当局获悉陈光诚已抵达北京,于是半夜闯入陈光福家。他说,公民住宅受到法律保护:“他们没有出示任何手续,都没有穿制服,这也完全违法的,他们还翻墙进入我的院子,我的两道屋门都是被他们砸开的,我听到汽车刹车的声音,我就抓紧穿衣服,衣服还没有穿完,他们就砸开屋门,把我架走了。第一批进入我院子的是公安局,再把我绑架走后,(第二批)有镇政府镇长张建带领的二三十个人又到我家,按照当局的说法是,把我抓走后,向我太太解释一下,但是他们进屋就打人,搜东西,他们没做任何解释。”
   
    陈光福对记者细数上述两批官方人员,进入他家违法打人及抓人经过后,强调儿子克贵是被逼还手自卫:“他们把克贵打得忍无可忍,生命受到威胁的情况下,他只好摸起菜刀,假如他当时不摸起菜刀,会把他打死的,因为他们当时在喊‘打死他,打死他’。”
   
    长期关注陈光诚一家维权、现旅居美国的山东维权人士王雪臻周一对记者说,就陈克贵案被超期拘押,当天与陈光诚交换看法:“今天(美国时间星期天)跟陈光诚通电话,说他们(沂南县)那边超期拘押,(规定的)侦查期已经过了四十五天了,从执法的角度上说,你本身就违法,第一你没有穿制服表明身份;第二你没有出示合法手续;第三你是翻墙入院,如果你去抓捕,应该有搜查令,你拿的不是警用器械,而是木棍,本身也违法。”
   
    而东师古村最近向村民公布由多人组成的村治安巡逻队,其目的重点监控与陈光诚家有接触的村民和外来人士,尤其是媒体记者。陈光福说:“治安巡逻队实际上他们早就安排了这个项目,只是现在把它公开了,以前他们在‘地下’,有陌生人进村,他们就盯着,监视着,不让村民和他们讲话,就是找了本村的几个村民,看到有陌生人进村就报告。”
   
    记者:他们有多少人?
    回答:六七个人。
    记者:村民对治安队员有什么看法?
    回答:村民当然是害怕,因为他们要汇报,有和陌生人讲话的会单独找他们。
   

Sunday, August 26, 2012

传原国家安监总局局长骆林上周被双规


 
     博讯记者从北京获悉,祖籍大连、与薄熙来关系密切的又一辽宁籍高官、原国家安监总局局长骆林已于上周被中纪委双规。据悉,骆林此次被中纪委双规,除涉及到与西南王薄熙来的牵扯外,还涉及他为辽宁等地隐瞒多起矿难、海难事故,以及他在辽宁期间的多起贪腐事件。
   
     早前大陆媒体的消息称,在中央作出处理骆林并对他采取双规措施前,已经按照中共党内程序将时任安监总局局长的骆林排除在18大代表之外。中国官方媒体新华社2012年5月29日的报道中称,中共中央组织部宣布,“根据工作需要和干部交流的精神”,骆琳不再担任国家安全生产监督管理总局局长、党组书记职务,该职由原天津市常务副市长杨栋梁接任。但是,值得注意的是,报道中没有对他的去处有所交代,也未提及对其“另有任用”。 (博讯 boxun.com)

   
     骆琳被免后,消息人士在微博上爆料说,骆琳可能调任全国供销总社副主任闲职,实则是进一步接受组织调查,据传与薄熙来牵连的主要原因是由于2009年6月5日重庆武隆铁矿乡鸡尾山山泥倾泻事件中,造成六4人失踪,10人遇难,8人受伤。香港一家媒体报导,据知情者称,出事山体虽属采矿禁区,但山内却有100多个非法矿井,将山体几乎掏空,最终致山泥倾泻。但由骆琳主持的官方调查结论却指事故为自然灾害,因此免除了重庆地方官的责任。
   
     据国家安监总局调查司一位官员向记者透露,骆林在主政国家安监总局期间,不仅为重庆,而且为辽宁隐瞒了多起重大煤炭安全责任事故,和至少三起发生在大连、丹东海域的重特大海难责任事故,每起死亡都在10人以上。至今辽宁省内凡发生煤矿安全事故致矿工死亡,没有媒体披露或未造成社会影响的,都不报当地安监部门,而是由煤矿和死者家属协商处理,把被砸死的矿工死亡原因改成心肌梗死、脑出血等,再给家属部分封口费。这位官员对记者说:骆局重义气、办实事,家乡观念强,凡是他在辽宁期间的下属找他办事,几乎是有求必应。
   
     记者辗转联系上一位熟谙辽宁官场并与骆林曾经有过密切往来的知名律师,求证骆林被双规的消息。他告诉记者,骆林被双规的消息基本属实,他是目前牵扯到薄熙来案子中辽宁籍职务最高的官员,以后是否还有更多他这个级别的辽宁籍高官落马,还是未知,因为这要看中央高层内部博弈的结果。骆林从2000年开始就当辽宁省委组织部的部长,2006年底任辽宁省委副书记兼省委党校校长,2008年就任国家安监总局局长前还兼任辽宁省政协主席,在辽宁有广泛的人脉,在北京副部级以上的官员中也有很多都是骆林的老部下或党校学生。这次骆林被中纪委调查,不仅涉及他为重庆、辽宁隐瞒安全责任事故,还涉及到他原来的几个部下违法犯罪。比如辽宁省人大副主任宋勇,去年因为贪污受贿被北京二中院判处死缓,他是骆林的老部下,两人在辽宁团省委期间就是上下级关系,一个是书记一个是副书记,关系非同寻常。宋勇在朝阳市当市委书记期间的贪腐行为被当地老干部举报多年,都被骆林在中纪委找人摆平,据说骆林也花了宋勇很多钱。
   
     这位律师还说:原铁岭市公安局长谷凤杰也是骆林的铁杆弟兄,两人在抚顺做官时就以哥们儿相称,谷凤杰去年开庭时被法庭认定的只单笔受贿金额就达900多万元,其他的就不说了。谷被判有期徒刑十二年半,也是骆林出面找了很多人,尤其是特意从北京回辽宁,找到省委书记王珉,要求对谷凤杰从轻发落,结果好几笔超过百万的受贿都没有被落实,卖官所得几千万更是没有被追究。要知道,谷凤杰买官卖官都是王珉亲口对记者说出来的,可不是民间谣传。今年两会,省委书记王珉回应谷凤杰落马事件,承认谷“主要问题是买官卖官、贪污受贿”还特意说明“纯属孤立事件,绝对与王立军无关”。省高院的一位副院长是我学生,他亲口对我说,如果没有省委领导指示,谷凤杰很可能被处死刑。律师还向记者透露:其实谷凤杰虽然被判处有期徒刑十二年半,在骆林以及辽宁省个别领导的授意下,谷凤杰在被侦查期间,不但以有病的名义一天没有走进看守所,而且从被判刑到现在,也一直以保外就医的名义脱离监管,现在铁岭一处别墅庄园里颐养天年,整天养花养鸟、逗猫遛狗、游山玩水,非常潇洒自在;能把曾经沸沸扬扬引发国际舆论的贪腐官司打到这个水平的,中国仅有,连陈希同、陈良宇都没有这个待遇。由此可见骆林的活动能力非一般人可比,辽宁官员的胆大妄为也令人瞠目。
   
     如今,活动能量极大的骆林已经被中纪委双规,不知道还有没有其他高人在背后为他继续活动。十八大前后,左祸横行、臭名昭著的辽宁官场还会风波再起吗?
   
     陆媒报道:2012年6月26日,国际反贪局联合会第四届研讨会在中国大连开幕,中共中央政治局常委、中央政法委书记周永康出席会议并讲话。他代表中国政府向会议的召开表示热烈祝贺,向参加会议的各国代表表示热烈欢迎,希望加强国际司法合作,有效惩治腐败犯罪,更好地促进经济社会发展、维护社会公平正义。
   
     消息灵通人士说,在此期间,周永康特地给在场的包括省委书记王珉、省长陈政高在内的辽宁官员开个小范围会议,周永康表情严峻一字一顿地强调:“……辽宁的事情已经够多了,我要求你们不要再给中央添乱,从现在开始,管好你们的夫人和孩子!”据说,听完这几句话,某位高级别辽宁官员,当时脸都白了。
   
     周永康是有感而发。他知道:薄熙来的滑铁卢,就是从自己的老婆孩子开始的。

传辽宁丹东凤城市委书记携巨款出境潜逃

 
   
    来源:法广中文网 上海特约记者:曹国星
     (博讯 boxun.com)

    ●今天(8月26日)下午,中国微博客上流传消息称,对辽宁省丹东地区凤城市委书记王国强卷款2亿擅自离境,辽宁省省委宣传部的通知要求对此事“不采访,不报道,不评论”。凤城是辽宁一县级市,隶属丹东地区,人口近59万人。当地消息称,此事事发在今年4月底5月初,传言称,王某携带巨款潜逃美、加,并说其家人早已在他失踪之前移民北美。
   
    当地传言称,王国强出逃起因是涉嫌“供暖涉嫌腐败被调查”,也有传言称,王的出逃与地方的地产利益被查有关。
   
    目前,网上仍可以找到关于当地供暖问题的投诉和抗议。据称,几年前当地的凤城热电厂由政府卖给了当地的凤城海德热电有限公司后,这家公司以维修为由,收费却不供暖,当地城区两年未供暖。凤城地处在天寒地冻的辽宁,民众寒冬难熬,纷纷上访抗议,当地公安则发出告示加以弹压。
   
    当地民众的微薄传言称,“因海德供热事件,导致老百姓冻死在家,百姓集体上访。海德供热老板即王国强同学,存在受贿嫌疑。王女儿在美国,取暖问题长期没人管,年久失修,也不就是他一个人的责任,四月二十四日,王国强出逃美国。”
   
    目前,凤城市官方网站上“市委领导”一栏中已经找不到市委书记王国强的图片和介绍,仅有市长、市委副书记马延春、专职副书记张远辉以及其他常委的资料,显示当地官方仍未委派新人接任其职务。
   
    此事发生已有时日,但并未有媒体公开报道。迄今王某尚未落网,又由近日宣传部发布的禁令,而引起公众关注,颇为吊诡。有媒体人评论说,“宣传部总是以禁令形式传播少有人知的新闻。”
    
    本文来源:法广中文网

Wednesday, August 22, 2012

许逸舒:为什么我要参加人权组织

 
  2012年的1月,我踏上了美国这片被世人赞颂有人权的国家。刚来这里,觉得所有的事情都这么新鲜,人也都很随和。在学校,老师对我也都很照顾,特别是在我寝室室友不小心烧了寝室厨房后,学校马上安排我们换新寝室,老师也为我书本被水泡了找学校Women’s Center给我提供补助。所以,来了这边这么久,真正感受到美国对人的尊重,不论你是不是这个国家的公民。既然来到了这么一个自由的国家,我当然要做一些在国内做不了的事,比如注册个Facebook,上个Youtube,用Google搜索信息。

在中国,所有的这些都被屏蔽了,虽说Google偶尔能用,但是大多数信息也是被屏蔽的。在中国,我只看到在中国政府领导下香港的繁荣,从不知道香港人不想承认自己是中国人的言论;在中国,我不知道中国原来有那么多政治犯,只是因为他们做着对的事而被政府关押着,像刘晓波博士;在中国,我不知道中国也有茉莉花革命,并且被中国政府无情的打压着。在这里,我看到太多太多我的祖国对人民的摧残。在今年的7月份,我在网上看到了公民自由联盟的网站,在网站上,看到了这个组织对中国人民权利的抗议,以及他们所组织的活动,让我印象深刻。在之后的8月份,我联系了该组织,并自愿加入其中,为中国人民获得真正的民主自由人权而努力!虽然我只能尽绵薄之力,但是我希望我的祖国的人民不在受到政府残忍的对待,能够像美国人民一样,就算把总统像拿来搞笑,政府也会一笑置之。

北大院长被指奸淫服务员 相关酒楼已派专人处理

 
   
    来源:人民网
     (博讯 boxun.com)

    昨天,前北京大学经济学教授邹恒甫在网上爆料,称北大院长、教授、系主任在餐馆有苟且行为。
   
    目前,北京大学新闻发言人蒋朗朗回应称北大并无邹恒甫所说的事,北大将保留追究其法律责任的权利。

争议事件

前教授爆料引发网友关注
   
    昨天上午9点,前北大经济学一级教授邹恒甫在其实名认证的微博上爆料:“北大院长在梦桃源北大医疗室吃饭时只要看到漂亮服务员就必然下手把她们奸淫,北大教授系主任也不例外。所以,梦桃源生意火暴。除了邹恒甫,北大淫棍太多。”消息发布后,立刻引来网友的关注和转发。
   
    随后,邹恒甫又爆料说:“北大芍园餐厅和其它北大内酒店的服务生有多少开后门上了北大的学位班?”同时,还直指北大的学术腐败和公款吃喝之风盛行。
   
    不少网友表示邹恒甫的爆料让人震惊,有网友发微博希望北大能站出来,就此事展开调查,以向社会说明情况,而非急于否认。
   
    对此,光华管理学院的副教授陈玉宇发微博称邹恒甫此举为“操弄词汇,故意泼粪”。
   
    因为“他说的是北大院长只要看到漂亮女服务员必然下手奸淫。这是个假设,并非捏造事实诽谤。”他评价邹恒甫此举“为不能进光华,可谓着急加恼恨”。

记者追访

北大发言人反驳指责相关酒楼已派专人处理
   
    北大新闻发言人蒋朗朗在得知此事后,对媒体称,北京大学绝无此事,邹恒甫说话“极端不负责任,让人匪夷所思”。对于完全没有事实依据的事情,邹恒甫能说出这样的话,不知道其居心何在。
   
    随后,蒋朗朗发表声明,北大“并没邹恒甫所讲的事,邹曾经受聘北大光华管理学院,后没有被续聘,无论何种原因,一个受过教育的人,不能罔顾事实更不应该颠倒黑白。对于他不负责任的攻击,请媒体朋友客观冷静、明辨事实,欢迎大家关注北大的发展。”
   
    邹恒甫在看到此段发言后,连发几条微博称,蒋朗朗并没有对全北大进行仔细调查。
   
    今天上午,记者联系上蒋朗朗。他表示,目前的回应就是这段声明,因为他在外地,上网并不方便,对事件的最新进展尚不清楚。
   
    记者今天上午来到邹恒甫在微博中提到的梦桃源湘粤酒楼北大店。
   
    总经理助理黄小姐称,老板已经跟店员通知了这件事,但是目前有专人在处理,其他情况则不方便透露。
   
    根据大众点评网,该店的人均消费是103元。

旧时恩怨
   
    2007年,邹恒甫收到时任光华管理学院院长的张维迎的信,表示因其“很少到校上课”而将他辞退,邹恒甫随即在博客上发文章称被开除是遭张维迎报复,并向当时的教育部部长周济发公开信抨击学院。
   
    但也有老师在接受媒体采访时表示,邹恒甫多数时间不在学校教书,却拿着全额工资,对其他老师不公平。
   
    2007年8月6日,北京大学人事部在其官方网站发布通知,不再聘任邹恒甫博士为北京大学教师。

-简介
   
    邹恒甫1962年5月20日出生于湖南,武汉大学经济系本科毕业获经济学学士,也是新中国成立以来中国第一个哈佛经济学博士,现为世界银行研究部终身高级经济学家。其主要研究方向包括:经济增长理论、货币政策和财政政策、通货膨胀和美元化问题、对转型性经济的研究、收入分配。
   
    因曾经炮轰独董“以爱国之名发财及资本之走狗”,将矛头直指张维迎、陈志武等而饱受争议。
   
    不得不承认,北大院长、教授和系主任奸淫餐厅服务员是一个“猛料”,绝对吸引公众眼球,如果邹恒甫此言不虚,那么,这将是北大的耻辱!
   
    面对邹恒甫的指控,北大方面断然否认,称“让人匪夷所思,不知道其居心何在”,并表示北大将保留追究其诋毁或诽谤的权利。如果北大此言不假,那么,邹恒甫的此番“爆料”,显然对北大院长、教授和系主任构成诽谤,也对北大构成诋毁。当事人有权以侵犯名誉权为由对邹恒甫提起诉讼,北大当然也可以追究邹恒甫“诋毁或诽谤”的责任!
   
    据了解,邹恒甫曾经炮轰独董“以爱国之名发财及资本之走狗”,此后,邹恒甫迅速将矛头直指现任北京大学光华管理学院院长蔡洪滨、北京大学光华管理学院经济学教授张维迎等人。虽然邹恒甫炮轰张维迎等人的火药味很浓,其“炮火”也很猛烈,但这尚属于学术之争,并不构成人身攻击,对被炮轰者的名誉也没有构成伤害,应该是被容许的,也是自由的。
   
    但是,此番“奸淫餐厅服务员”的爆料,却绝对“生猛”,比炮轰独董“以爱国之名发财及资本之走狗”更有威力也更吸引眼球。一方面是此番爆料并不是虚晃一枪,而是以“事实为依据”将矛头直指某些人,另一方面,则是爆料之行为如果属实,当事人显然违背了师德人伦,触犯了法律,应该被追究相关责任!
   
    但是,“文攻”不能变成“诋毁”,作为曾经的大学教授,邹恒甫应该为自己的言论负责。如果其指控并不是“诋毁或诽谤”,北大应该进行调查,或者配合有关部门进行调查。如果查实邹恒甫所言不假,应该追究相关当事人的相关责任,将这些害群之马清理出北大校园。但是,如果经查证,邹恒甫的奸淫指控并不存在,那么,就应该动用法律手段,追究邹恒甫的法律责任,给其一个教训。而邹恒甫若被证实是“诋毁或诽谤”,那么,其个人信用无疑也将丧失殆尽,今后,他的话将变得一文不值!
   
    其实,查证邹恒甫是否是“诋毁或诽谤”并不难,既然是他举报,他就应该向有关部门提供可信的证据或线索,如果不能自圆其说,那么即可认定其为“诋毁或诽谤”。因此,无论是从维护北大院长、教授和系主任的名誉,还是从维护北大的声誉来看,北大都应该对邹恒甫的这番言论提起法律诉讼,让法律还众人一个公道,也还北大一个公道。
   
    本文来源:人民网

Tuesday, August 21, 2012

Shots Fired in Land Protest

2012-08-17
Police in southern China clash with residents over a government attempt to take over a forested area in their village.
AFP
Chinese villagers protest government land seizures in Guilin, Guangxi province, Oct. 9, 2010.
Land protesters in the southern Chinese region of Guangxi said a number of people were detained and at least one person injured after shots were fired into the crowd during clashes with police in the city of Heshan earlier this week, sparking further protests on Friday.
"Criminal gangs alongside officials from the Heli village government in Heshan city opened fire on local people," a user identified as @zhutaijing wrote on the popular Tencent microblogging service, detailing clashes which local residents said took place on Tuesday.
"They have also been detaining people left and right," the user wrote. "Who can help us?"
A second user identified as @woshiluomanshuanglingcun added: "There are clashes between the villagers and the police! Both sides are fighting!"
"The police have beaten up some villagers, and fired their guns at them," the user wrote. "A lot of people have been injured or detained already."
"The local farmers have stones, while the police have guns. Five people have been shot, and seven have been detained," the post said.
Nearby residents said the Heli villagers were resisting an attempt by the Heshan city government to take over 10 mu (about 2 acres) of forested hills in the village.
Shots confirmed
Repeated calls to the Heli village government offices and to the Heshan municipal government offices went unanswered during office hours on Friday. An employee who answered the phone at the village agricultural machinery depot confirmed some of the reports.
"Yes, [there are clashes] but I don't know what it's all about," the employee said. "I only heard they were fighting with the police, but I don't know anything about the actual details."
Asked if anyone had been shot, he answered: "Yes, people in the village."
But he declined to say more. "I don't know the details," he said.
An officer who answered the phone at the Heli village police station declined to comment.
"I don't know the actual situation," the officer said, when asked if shots were fired. "I didn't go there."
'Many injured'
A local resident surnamed Li from an adjacent village confirmed the microblog reports, however.
"This is the village next door to ours," he said. "It is pretty serious; a lot of people were injured."
Asked if the police had opened fire on protesters, he said: "Yes, they did, with those [hand]guns that they always carry; I don't know what kind those are."
Li said around 200 police officers had been at the scene when the clashes erupted. "There were more than 200...the police from the next county came too," he said.
He said the villagers had been protesting over an attempt by the local government to take over their land in the forested hills nearby, saying that they would have no way to make a living any more.
"A lot of people came to complain at the gates of the [Heshan] municipal government offices, today and yesterday," Li said. "[The villagers] had responsibility for the land, to plant trees on it," he said.
Shared land
In China, all land is ultimately owned by the state, but is allocated to urban property owners via a long-term leasing system and to rural communities via collective contract and the household responsibility system.
Land acquisition for development, often resulting in lucrative property deals for local officials, sparks thousands of protests by local communities across China every month, many of which escalate into clashes with police.
Li said the villagers were demanding the return of their land. "They want justice to be done," he said. "[The Chinese media] didn't report it, so we'll have to wait for you people to report it."
Keyword searches of the Chinese Internet showed no search results for the clashes among the country's tightly controlled media.
Police presence
A resident of nearby Shuangling village, also surnamed Li, said tensions were still running high, with police stationed around Heli village, checking identities and preventing people from entering or leaving their villages.

"The authorities sent a lot of criminal gang members into the village, carrying big sticks and knives and other weapons," she said. "They won't let the villagers leave, and the villagers are all frightened and don't dare to leave their homes."

"They don't dare to talk about it, either," Ms. Li added.

She said the authorities had sent hundreds of reinforcements into Heli on Tuesday. "The streets were full of police that day," she said. "The main intersection was blocked up with several dozens of their vehicles."

"They beat up or detained anyone who continued to protest."

Ms. Li said the dispute had flared after the Heshan municipal government tried to take over more than 10 mu (about 2 acres) of rural land, affecting the livelihoods of nearly 600 people.

She said the authorities had likely decided to crack down on the villagers' resistance efforts after they tried to file a complaint with the central government in Beijing.

Reported by Qiao Long for RFA's Mandarin service and by Fung Yat-yiu for the Cantonese service. Translated and written in English by Luisetta Mudie.

Gu May Be Spared Death

2012-08-20
China may not want to execute a member of its own political elite, analysts say.
Imaginechina
This TV screen shot in Shanghai shows Gu Kailai (C in black) in court, Aug. 20, 2012.
Gu Kailai, the wife of a former political rising star, was slapped on Monday with a suspended death sentence for the murder of a British businessman but the punishment, some analysts say, is likely to be commuted to a lengthy jail term with a possibility of medical parole.

Gu, the wife of former ruling Chinese Communist Party Politburo member and Chongqing Party chief Bo Xilai, was found guilty alongside her former employee Zhang Xiaojun of "intentional homicide" in the death of Neil Heywood last November, official media reported.

A court in the eastern Chinese province of Anhui sentenced her to death with a two-year reprieve during a 20-minute hearing in which she and Zhang said they wouldn't lodge appeals, the state-run Xinhua news agency reported, citing court documents.

Zhang Xiaojun, her former bodyguard, was sentenced to a nine-year jail term as an accessory in the case, the verdict said.

"Heywood had threatened Bo in e-mails, which made [Gu] Kailai fear for her son's personal safety and decide to murder Heywood," the agency quoted the court documents as saying.

Political scandal

The case forms part of the biggest political scandal to rock the ruling Chinese Communist Party leadership since the ouster of former premier Zhao Ziyang in the wake of the military crackdown on the 1989 pro-democracy movement.

Bo was one of China’s most powerful and charismatic politicians until he was sacked in March.

He is currently under investigation for unspecified "disciplinary violations" alongside his former police chief Wang Lijun, whose Feb. 6 visit to the U.S. consulate in Chengdu brought the allegations against Gu to light.

Court official Tang Yigan told reporters after the hearing that the court had suspended Gu's death sentence because she suffered from psychological problems.

"The circumstances of Gu's crime were odious and the consequences were serious," Tang said. "She was the key mover in a joint crime."

"This crime should carry the death penalty, but the court took account of the fact that Neil Heywood had threatened Gu Kailai's son," he said, but gave no indication of how long she would serve.

Decided in advance?

Suspended death sentences are typically commuted to life in prison in China, although the amount of time served varies.

Official television pictures showed a sober-looking Gu speaking briefly after sentencing, during which an assembled courtroom of judicial officials, guards, and spectators stood to attention.

Lawyers and analysts said the verdict was likely decided well in advance of what was a carefully stage-managed show-trial ahead of a crucial Party leadership transition later this year.

Wang Youjin, visiting professor at the Beijing University of Politics and Law, said that the sentence could mean that Gu will end up serving only a few years in jail.

"If at the end of the two-year reprieve, she hasn't committed another crime, then her sentence could be commuted to 20 years or life imprisonment," Wang said, adding that Gu is unlikely to be jailed for so long.

"The particular circumstances of this case indicate a sentence of eight or 10 years," he said.

'Brutal means'


According to an official account of the trial, Gu and Zhang invited Heywood to Chongqing, and joined him at Room 1605 at Building No. 16 of the Nanshan Lijing Holiday Hotel where he was staying, drinking tea and alcoholic drinks with him.

"After Heywood became intoxicated, vomited, and asked for a drink of water, she poured a poison into his mouth that had been prepared beforehand and that she had given to Zhang Xiaojun to bring along, causing Heywood's death," the statement issued after Gu's one-day trial said.

"The Hefei People's Procuratorate believes that the accused [Gu] Kailai and Zhang Xiaojun used brutal means to commit murder, and the facts of the crime are clear and backed by ample evidence."

The statement named Gu as the principal offender, and Zhang as the accessory to the murder, which it said took place on Nov. 13, 2011.

It said the court had heard and viewed the evidence for the prosecution, as well as statements from the prosecution and the defense lawyer. A legal representative of Heywood's family also spoke during the trial.

Mitigating factors?

Meanwhile, Beijing-based lawyer Li Zhuang said the sentence was in line with claims that Gu had cooperated with police enquiries.

"[It depends on] whether there was a confession, whether there was wrongdoing on the part of the victim, and Gu Kailai's psychological state," Li said.

"These are the main three factors that would influence the sentencing decision," he said.

But rights lawyer Liu Xiaoyuan said Gu might be quietly released on psychological grounds at any time after the two-year reprieve period is over.

"She could get medical parole for mental health problems, and this wouldn't be subject to any time restraints," he said. "It would be very easy for them to use this as a way of releasing her."

Beijing-based rights lawyer Mo Shaoping said the default sentence for intentional homicide under Chinese law is the death penalty.

"According to the law, the first penalty they consider should be the death penalty," Mo said.

One of the elite

Gu's sentence was predicted by a number of lawyers and political analysts, who judged that China would never execute a highly privileged member of its own political elite.

Gu, as the daughter of a revolutionary general and the wife of a Politburo member, is one of China's "red nobility," and a "princeling" of an influential political family.

Mo said lawyers had raised a number of questions about the evidence and due legal process in Gu's trial.

"Just to show an e-mail from Neil Heywood saying 'I will destroy you' isn't enough to show that he was threatening the safety of [Gu's son] Bo Guagua," Mo said.

"I'm sure there were other factors involved here, like a dispute over money," he said. "Very few reports have written about this aspect."

Reported by Wen Yuqing for RFA's Cantonese service and by Xin Yu for the Mandarin service. Translated and written in English by Luisetta Mudie.

Dissident Lawyer Attacked

2012-08-20
A Vietnamese human rights lawyer is beaten near his home in Hanoi.
RFA
Vietnamese lawyer Le Quoc Quan in an undated photo.
An outspoken and formerly imprisoned Vietnamese rights lawyer said Monday that he has been beaten by men he believes were plainclothes police.
Le Quoc Quan told RFA’s Vietnamese service that he was attacked by a group of men around 8:00 p.m. on Sunday in Hanoi while he was returning home from parking his car in a nearby lot.
Two of the attackers beat him with steel rods. He was injured on the head, the belly, and the knee before passers-by heard his calls for help and the attackers ran away, he said from his home.
He said he has been harassed by authorities before and believes the men, who were not in uniform, were connected to the police, adding that one of the attackers had a familiar face.
Quan, who has participated in anti-China demonstrations that authorities have watched closely since last year, said he did not know what prompted this attack against him, but that he believed it was to chastise him for his activism.
"I am considered a dissident by the Communist Party. I work to change this regime with nonviolent measures and I have suffered a lot of hardship [for this] in the past five years,” Quan said.
Other participants in the string of demonstrations held to oppose Beijing’s territorial claims in the South China Sea have also reported being harassed by the authorities.
Detention
Quan was jailed for three months in 2007 after he returned from spending half a year in the U.S. under a fellowship from the National Endowment for the Democracy, a Washington-based nonprofit organization funded by the U.S. government that supports pro-democracy activities worldwide.
Though authorities initially announced no formal charges against him, he was later charged with taking part in "activities to overthrow the people's government” and was eventually released following protests from the United States.
Quan has written on topics including civil rights, political pluralism, and religious freedom and has attended activist demonstrations and trials of fellow dissidents.
Last year, he was detained while waiting outside the trial of legal activist Cu Huy Ha Vu and held for a week.
U.S.-based Human Rights Watch says he is one of a group of nearly a dozen lawyers and legal defenders who have been arbitrarily arrested, detained, disbarred, and pressured not to represent political or religious activists.
Reported by Gwen Ha for RFA’s Vietnamese service. Translated by An Nguyen. Written in English by Rachel Vandenbrink.

林榕:一个县级市委书记为什么能够敛财两亿?

 

 
最新消息说,中共辽宁凤城原市委书记王国强今年4月卷款逃到美国,但有关他出走的消息则是在8月份才刚刚公布出来。

王国强去年曾经以赴美国参加女儿毕业典礼为理由办理了出国护照,但没有成行。他于今年4月被免去市委书记职务。4月24日他擅自与担任丹东海关主任科员的妻子从沈阳机场出境去美国,自此从人间蒸发。据报载,他卷走的贪污受贿款达到了两亿人民币的天文数字。

王国强只不过是一个县级市的市委书记,但是他作为县的最高官员,能够通过多种途径为自己敛财,包含商人们送给他们,截留政府的款项,还包含其他官员向他们买官交的贿赂等。

在中国,权利就是金钱,权越大,钱越多。据报道,前重庆市委书记薄熙来敛财达到了60亿美元的天文数字,并通过各种手段将非法获取的财富转移到了国外。 前铁道部长刘志军,敛财也有几百亿人民币。中国政府的官员们像一群蛀虫和吸血鬼,贪婪地吸允老百姓的血汗,在他们将国有资产和人民的血汗钱放入自己的口袋的同时,老百姓却上不起学,看不起病,买不起房子。中国30多年的改革开放成果绝大部分都进入了这些贪官污吏的腰包,老百姓只是获得温饱而已。

中国的官员们之所以能够如此容易地敛财,是因为中国政府官员的权力不受制约,媒体都是受政府控制,老百姓没有办法监督他们。中国也没有独立的司法体系,公检法都是受政府的控制,而不是互相制约。如果老百姓想举报官员贪污受贿,等待他们的是工作被开除,拘留和判刑等惩罚。

作为中国人权组织的一名成员,我强烈呼吁中国政府开发言论自由,尤其是网络自由,停止封锁互联网,创造条件让人民群众有效地监督政府官员的行为,杜绝贪污腐败,让改革开放的成果由全社会的所有成员来共享,而不是进入政府官员的腰包。
 
   

Monday, August 20, 2012

《学习时报》刊文称灰色权力正在吞噬人民福利

 
   
    来源:学习时报 作者:汪玉凯
    
    《学习时报》截图
    《学习时报》刊文称灰色权力正在吞噬人民福利
   
    博讯编辑按:转载本文只起到传递信息作用,本文观点并不代表博讯观点。

原题:灰色权力的扩散及其治理
   
    从1992年党的十四大提出建立社会主义市场经济的目标后,我国的市场化改革取得了重大成就,与此相联系,市场经济体制也逐步建立起来。这一点必须首先肯定。但是,我们也应清醒地看到,在市场化改革和市场经济体制建立过程中,也出现了一系列令人担忧的问题。其中以灰色权力为中心的灰色权力地带的出现和形成,已经为经济社会发展带来严重后果。

值得反思的“三灰现象”
   
    我国市场经济中不仅仅存在灰色权力,还存在灰色资本和灰色暴利。为了说明问题,有必要先对笔者提出的这些概念进行一些理论上的界定。
   
    所谓灰色权力,是指借助公权力的影响力,通过子女、配偶、亲戚或朋友等,在市场中或者暗地里,通过权力的运作对稀缺资源的获取、倒卖,进行资本运作,或者不公平交易等,以获得巨额利益的权力行为。这里的核心是借助权力的影响力。所谓灰色权力地带,是指在市场过程中围绕垄断、监管等诸多领域所形成的非正当攫取经济社会利益的权力网络。
   
    所谓灰色资本,是指借助权力影响力,获得的稀缺资源的使用权或资本的运营权。灰色资本的本质,是一种由公权力转化而来的资本支配形态。
   
    所谓灰色暴利,是指通过灰色权力的行使,灰色资本的运作而产生的巨额暴利。这种灰色暴利,可以在最短时间内,几乎不费吹灰之力就可以实现暴富的获利行为。
   
    灰色权力的主要特征。在中国特有的制度环境中形成的灰色权力具有四个基本特征:一是依附公权力。掌握公权力者的地位越高、权力影响力越大,所形成的灰色权力的能量也越大。二是灰色权力的运用可以是掌权者本人或下级、同伙,但更多的是通过配偶、子女或亲戚朋友间接行使。三是灰色权力的涉猎领域十分广泛,既可以在国有企业,也可以在外资、民资等非公企业。四是灰色权力的后果只有一个,就是损害国家和人民的利益,为掌权者及同伙带来巨额的灰色利益。由此不难看出,灰色权力和灰色资本形成一个灰色权力地带,灰色权力是本,灰色资本和灰色暴利是末;通过灰色权力,实现灰色资本的运作,通过灰色资本的运作,带来巨额的灰色利益。
   
    灰色权力地带形成的原因。中国在市场化改革中之所以会出现灰色权力现象有其复杂的经济社会原因。总括起来看,大体有五:一是过多的市场监管和诸多重大政策在不同领域缺乏统一性。如国有经济和非国有经济之间、国有企业和民营企业之间、农村和城市之间很多政策往往缺乏统一性和规范性,再加上政府对经济社会的过多监管和市场过高的门槛,都为灰色权力地带的形成提供了土壤。二是国有企业改制过程中形成的大量权力寻租现象,以及这种现象导致的国有资本流失。三是对官员及其配偶子女的经商缺乏严格的约束。尽管我们也出台了一些有关限制官员以及官员配偶、子女从事商业活动的规定,但这些规定大多形同虚设,不能被有效执行。四是享有重要权力的官员的家庭财产,只有申报环节,没有公开制度,躲避开了社会公众的监督,通过配偶、子女将大量财富转移到境外,给国家造成巨大损失。2012年6月5日,《中国经济周刊》刊发一篇文章称,从2000年到2011年,中国12年间共抓获外逃职务犯罪的逃犯高达18487人,缴获的赃款等共计541.9亿元人民币。这一数字从另一个角度说明问题的严峻性。

灰色权力的危害
   
    灰色权力以及灰色权力地带,是依附在中国市场经济肌体上的一个毒瘤。其能量、危害不可低估。
   
    第一,灰色权力以及灰色权力地带,直接影响市场在资源配置中的基础作用的发挥。我们知道,灰色权力、灰色资本、灰色暴利现象的存在,在一定意义上扭曲着市场配置资源的规则、过程和整体格局,影响市场配置资源作用的正常发挥。这种以权力配置资源为特征的现象的发展蔓延,有可能导致市场的变形,为权力经济、权贵经济的产生提供可能。
   
    第二,灰色权力的扩张,直接威胁着市场的公平和公正。市场经济本来应该是一种公平竞争的经济形态,所有参与市场竞争的主体,都要遵守市场经济的基本准则,约束自身的行为,通过严格的法律框架,规范所有市场参与者的活动。而灰色权力以及灰色权力地带的出现,从基础上破坏了市场的公平竞争规则,为权力寻租、权钱交易提供巨大的市场空间。目前中国市场经济发展中出现的大量不公平、不公正的问题,多数都与灰色权力的肆虐有关。
   
    第三,灰色权力地带的产生,从根本上阻碍着我国真正市场经济的形成和完善。应当看到,中国市场经济体制虽然已经建立,但还很不完善。而要完善市场经济,如果不能有效遏制灰色权力、灰色资本对市场经济的干扰和破坏,一个健康有序的市场经济形态就很难真正建立起来。从这个意义上说,铲除灰色权力、灰色资本赖以存在的基础,就成为摆在我们面前一项十分重要的任务。
   
    第四,灰色权力扭曲了国家整体的利益格局,加剧了官民冲突、劳资冲突和贫富冲突。目前我国社会矛盾突出地表现为官民冲突、劳资冲突和贫富冲突。其根本原因在于收入分配不合理,导致整体的利益格局不合理。在这个过程中,灰色权力扮演了极不光彩的角色。因此,遏制灰色权力的泛滥,就成为加大收入分配制度改革、调整国家利益格局的重要内容。
   
    第五,灰色权力正在吞噬人民的福利。这种现象不仅表现在中国的“四大差距”(即城乡、贫富、行业、地区)在市场化改革中被放大,而且由于灰色权力的横行,也加快社会财富向少数人和少数家庭集中。早在2009年,财政部就曾公布了一个关于财产性收入的统计数字。显示10%的富裕家庭占城市居民全部财产的45%,而最低收入10%的家庭其财产总额占全部居民财产的1.4%。这一现象说明,中国社会的财富积聚效应越来越高,灰色权力无疑起到了推波助澜的作用。

破解灰色权力的改革之策
   
    破解中国市场经济肌体上依附的灰色权力毒瘤,是我国在新的历史条件下推进改革的重大使命。
   
    第一,要对国有资本和国有企业进行重新思考和定义。最关键的是不能把国有资本和国有企业混为一谈。正确的理解和定位应该是:国有资本在国家的一些关键领域要发挥重要作用,不等于国有企业必须垄断某些行业,更不能通过垄断保护国有企业,破坏市场经济的公平公正原则。对那些必须由国家独资的国有公共企业的设立,应该交由国家的权力机关批准。这样就可能从源头上对灰色权力的形成进行有效遏制,并起到釜底抽薪的作用。
   
    第二,制定各类参与市场竞争主体公平竞争的法律法规,通过法律的手段确保各类主体的公平和公正。在这方面还有很长的路要走。这其中最为重要的是,要真正使所有参与市场竞争的主体,能够受到法律公平、公正的保护,反对“以公压民”、“以大欺小”等做法,同时要对公权力介入市场资本并购等商业活动,采取十分审慎的态度,并通过法律严格加以约束,最大限度地防止灰色权力以及灰色权力地带的形成。
   
    第三,对党政官员涉猎商业活动的行为进行严格管束。按照国际惯例,建立严格制度框架,规范党政官员的从政行为。目前我国虽然已经建立了这方面的相关制度和规范,包括离退休后从事商业活动的一些规范,但是并没有得到很好执行。
   
    第四,对党政重要官员的配偶、子女参与商业活动的行为进行必要的限制和约束。特别要割断官员子女、配偶等与国有资本、国有企业的商业联系,从根本上消除灰色权力地带赖以存在的基础。从国际社会的通常做法来看,国外对一些重要官员的配偶、子女等从事商业活动都有严格的限制。特别在官员担任要职期间,更是如此。中国和西方的重大差别在于,我们不区分政务官和事务官,类似于西方的那些权力很大的政务官,在中国是终身制的,不像西方国家这类官员都是随着政党的进退而进退。因此,对于一个中国的领导干部来说,别说乡镇一级,就是从县一级的主要领导做起,当最后升迁到省市、部委乃至更高的领导职位时,其多年的从政经历,完全使其可能形成一个很大的权力关系网络,一旦一个领导人的思想防线失守,就可能成为灰色权力的重要载体,危害社会。因此,如何从源头上防止灰色权力的产生、蔓延,成为未来反腐倡廉应该认真研究解决的问题。
   
    第五,改革国有企业内部的管理方式。按照遏制灰色权力地带的要求,形成新的管理制度框架。其中包括:取消所有国有企业实际上的行政级别;建立国有资本运营和国有企业管理者队伍,与党政官员进行整体切割;尽量减少党政机构与国有企业领导人员之间的调动,少数确实需要在国有企业担任监事会等领导职务的党政官员,或者只要能够再回到政府当官的,一律不能拿高薪等,其工资待遇不能超过同等公职人员的3倍等。
   
    本文来源:学习时报