Yunfei Ran
By author: this is a proposal initiated by my friends concerning prohibition of the phenomena such like the previous occurrence in which a criminal was killed by a bullies in jail, I express my admiration to their advocacy and endeavor. Only when such efforts of small steps, such propels of drops and such persistent struggling from each of us happen will our society improves. Don’t count the promotion of our rights on the good will of the government which is barely under real supervision and constraint (the facts in the past decades have demonstrated they have no such good will), otherwise it is tantamount to following a entirely wrong direction. Before the establishment of a relatively complete system of democracy and freedom, the right of each should be pursued by every single person via struggling, whereas the “smart” thought of free-rider will have little benefit to us, our family and friends, and our society. Everyone can do whatever within his/her reach to propel the improvement of our society with the consideration of his/her own safety; the good things that benefit both him/her and the society, don’t entail a tremendous courage and wisdom that might cause dangers.
Why is it a gospel to the whole society that we should advance the development of human rights through everyone’s endeavor, perseverance and progress? That’s because the society doesn’t belong to any small portion of us, the country is not owned by any part; it is in contrast owned by all of us, thus we ought to make our own change as well as make an effort for the progress of our society and development of our country, which is in line with our self-interest and also not contrary to the society’s overall interest (the governors are no exception). Based on this, today we are signing up altogether on this suggestion letter concerning completely prohibition of the bullies phenomena in jail, a bit of corresponding effort in order to ameliorate the environment of our living, we wish you could support us. Because of a paralyzed system/institution, hardly could anyone claim that he/she is out of the danger of being jailed, even though he/she is now in a position of power. The goal that we advocate this suggestion letter is to respect our constitution that safeguards the freedom of human rights, in order that the people are prevented from unexpected misfortune such like the criminal that was killed in jail.
The following is the content of the suggestion, your signature is welcome and please forward and reproduce it elsewhere.
March 20, 2009
Public suggestion letter concerning prohibition of the bullies phenomena in jail in China
Unquestionably, in the past three decades, the situation of human rights in China has improved, which is a fact obvious to all; the progress we have made, however, could not be any excuses that prevents us from moving further forward, since we cannot float outside the mainstream of the current world civilization. Therefore, we hope our government could immediately get down to bettering the situation of the people in jail, and let them enjoy the standard of what our current laws guarantee for the ordinary people, and meanwhile gradually get close to the one that United Nations have set up for the imprisoned regarding their treatment.
February 12, 2009, Qiaoming Li was accidentally dead in the jail in Ji Ning, Yun Nan Province. In the first place, the jailers actually claimed to the public that Li was killed in a game called “peekaboo”! Thereafter, along with the persistent enquiry and unveiling by news media and netizens, Yun Nan province censorate and police got involved in the investigation, and finally made it clear that Li was beaten to death by some bully in the same room.
The event of “peekaboo” protrudes the problems of the judicial administration in the issue of the bullies in jail, which has long existed as one of our social blind spots. It becomes rapidly so hot a topic in the public affaire that even vice attorney general at the Supreme People’s Procuratorate says candidly: we have to admit that “the bullies in jail” has been there for a long time. National ministry of justice has revealed that in China there are some 2.3 million criminals under arrest, in reeducation through labor, and in jail as suspect (see: Around 1.56 Million Criminal in Chinese Jail, Hong Kong, accessed at www.takungpao.com, 01.20.2007), thus the threat of violence lurking long there will directly or indirectly inflict the human rights of these 2.3 million Chinese citizens at any time; the phenomenon of this encroachment of rights mirrors a severe shortage of human rights security system in China.
The phenomenon of the bullies in jail is the product under the system of old times in which human rights were disrespected, it has a long history. In the age of autocracy, one that without awareness of human rights, jails were taken as tools that the state use to punish and fight crimes, wherein the bullies in jail, seen as the power of blackness and terror, became part of means that jailers relied heavily on, because of the enormous and extensive psychological fear among the people generated by them.
Along with the popularity and development of human rights, comprehension of the societal functions of the prison has changed; the jail should neither only or mainly be the tool of punishing crimes, it is also supposed to be responsible for portioning between crimes and the healthy society and, more important, necessary to be taken as a special community in which remediation and education of criminals take place. Therefore whoever is in this community should also enjoy the rights of safety and personality that are kept from violation. The behaviors that the bullies in jail do are prohibited by Regulations of the Minimum Standard regarding Treatment of the Jailed, Declaration on Prohibition of Excruciation, International Agreement on Prohibition of Excruciation, and suchlike human rights literature and international laws by United Nations. China also passed and issued the Prison Laws of the Republic of China on 29th December 1994, pronouncing that “personality of the criminals should not be insulted, their personal safety, legal property as well as that the rights of defending, stating, suing, informing and suchlike which are not legally disfranchised or limited should not be infringed.” In order to keep the jailers from encroaching them, the law also specifies some binding and warning regulations on jailers and judicial department. As early as in 1998, the Ministry of Public Security, the Supreme People’s Court and the Supreme People's Procuratorate jointly issued a notice, requiring a complete ban on “the bullies in jail”.
To our disappointment, the notice has been issued for some 20 years, today the ugly historical vestiges of the bullies in jail has not disappeared, they are, instead, even more flourishing in some of our prisons, and even worse in the houses of detentions or prisons under administration of the public security. In many a prisons, they are working as a sub-regulation that is unscrupulously trampling on the rights of personality and safety of the criminals and suspects. For the past few years, individual cases uncovered by media and netizens have been still occurring in which criminals and suspects suffered beating and beating to death; right in the midst of drafting of this public letter, such abnormal deaths as “peekaboo” have successively happened in Hainan, Hunan and Shanxi provinces. In so short a time that this type of occurrence appears one after the other, it, on the one hand, proves that our government and media are resolved to meet the problem head on, and, on the other, tells as well how popular and normal the phenomenon has been.
In the houses of detention the imprisoned are mainly those have yet to be officially sentenced, they are not criminals, and meanwhile, even though those with officially sentence are supposed to be protected from the illegal punishment and excruciation. Because it is the minimum of human rights protected by our government, and it is also far already acknowledged by the current laws. “The bullies in jail” infringing on the imprisoned for long has not been checked so far, it is, indubitably, an ugly phenomenon with root in our system. It also slabs on the face of both the judicial system and the “public security organs, procuratorial organs and people’s courts”, and confronting the fact, we have to concede: the phenomenon of the bullies in jail has been an institutionalized stain of human rights in China.
On account of relating to special location and special people, the phenomenon of the bullies in jail has been overlooked long by media and society. Facing a succession of the tragedies, we should meet this stubborn and chronic illness head on. As a matter of fact, however, not only is the phenomenon of the bullies in jail a result of the passive nonfeasance of our law enforcement agency and judicial authority, but also a result of the attitude of acquiescence and blindness that the people hold in looking at it, which is also the deep-seated reason for the long existence of this negative legacy in history. Consequently, we, as the people, should also reflect on the existence of the problem, and immediately shouldering the collective responsibility that should have been there.
As citizens of the country, we are facing the chance of being put into jail—including the house of detention—for carefulness and unluckiness. This chance of reality resides objectively in the probability of criminal negligence, and also we might step into the gate of prison for defense of rights, petition, revelation of the crimes committed by state personnel, or for enjoymeng of the right of freedom bestowed by the 35th item in national constitution, and countless suchlike. Therefore, the situation of human rights of the jailed stands together through thick and thin with that of the outsiders.
In 2003, after the event of Zhigang Sun, burning were the inquiring and scolding by net and media, and the tide of prohibition request rose as another fell down; the Law of Collecting and Sending back by Force was eventually abolished by the State Council. That unforgettable public affair became a milestone in the road of forwardness of legal institutions and human rights in China, which was not only the progress of the state, the government, the society and also of all the Chinese people. The furtherance of human rights is not solely steered by government; it ties up tightly with the positive cooperation of every single citizen. For this reason, we initiate this public suggestion letter concerning prohibition of the bullies in jail, as being the owners of the county, we require all undertake the responsibility and obligation to advance the progress of human rights:
1. We appeal to a thorough investigation by relevant department in the rooted crux of long existence of the phenomenon, meanwhile welcome media with free report;
2. We appeal to a system of health, civilized, humane administration of the prison: having the house of detention administrated by judicial organs which don’t undertake the function of investigation;
3. Re-discuss the necessity of establishing a house of detention in every county, in order for an appropriate redistribution of resources;
4. The right of being visited by families could not be hindered in the mist of investigation and detention, free the chance for organizations, NGOs to carry out relevant work of societal care and love, and to visit as well;
5. Allow the presence of layers during interrogation, and the record should be signed by lawyers which otherwise could not be used as valid evidence. Cases with absence of layers should be filmed and sound-recorded, as being basis for court hearing, which otherwise would be seen as flawed, thus invalid to be used as evidence.
6. Investigate into current cases of the jailed, and tackle the criminal and administrative responsibility that state personnel are involved in strictly in accordance with the law. We are convinced, a far ranging participation of the people will draw the attention of the state legislative branch; and the human rights of each of us will be further protected; while the tragedy of Qiaoming Li will not happen again.
Respected citizens:
You could support our movement by the following means:
1. Sign on this file with your real name or your usual pen name,
2. The format of signature: Name (city and occupation).
3. Signature email addresses：antiduomaomao@gmail.com
yubalaotou@gmail.com
laotouyuba@gmail.com
4. Distribute this file by any means
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