China Labour Bulletin has learned that both Yao Fuxin and Xiao Yunliang, now in their second year of imprisonment, are in extremely poor health and that Xiao Yunliang in particular is in a critical condition.
In May, the family of Xiao Yunliang discovered that Xiaos health had further deteriorated. In addition to his blindness, his family found that his stomach and his face were swollen, to the extent that his stomach was rigid to the touch symptomatic of kidney or liver disease. His face was swollen with his eyes and lips abnormally reddish. His stomach has now swelled to such an extent that he has difficulty in sleeping, breathing and eating.
On 2 June 2004, after many months of requests and pleas for improved medical care, Xiao Yunliang, accompanied by his family, was sent to the Shenyang China Medical University No. 2 Hospital. While at the hospital Xiao underwent various examinations. It was found that in addition to blindness, he also had arteriosclerosis of the aorta (hardening of the arteries to and from the heart), liver & gallbladder stones and chronic superficial gastritis - a possible symptom of other more threatening diseases.
Despite this welcome medical examination, no medicine was given and examinations of his kidney and lungs were refused. Instead the family bought some liver medicine separately and gave this to Xiao Yunliang despite national regulations outlining the duty of prison authorities to undertake financial and moral responsibility for medical treatment of prisoners in their care.
Yao Fuxin remains in a life-threatening situation despite some stabilization in his condition. He suffers from intermittent heart failure and given his previous heart problems and high blood pressure, another heart attack is highly likely. He continues to lose consciousness regularly because of the high blood pressure and has lost much of the use of his right leg which has now begun to turn black. He has also lost hearing in his right ear due to an injury sustained on his detention in 2002.
Denial of Treatment and Denial of Freedom
It is believed that political pressure is being brought to bear upon the prison authorities to continue refusing proper medical care, examinations and follow up treatment. Both families are now desperately seeking help for the mens release. No formal response has been given to the familys repeated applications for medical parole.
The families of both men formally applied for medical parole on 29 Oct 2003. Workers at the Ferro-Alloy Factory also wrote appeals for medical parole to various government departments. So far neither family has received any formal response. Xiaos family was instead given a document by the head of Lingyuan Prison which detailed criteria for medical parole. Contrary to Chinese law, the family was informed that as Xiao Yunliang did not have an incurable disease he could not be given medical parole.
Again contrary to Chinese law, which makes no explicit reference to criminals charged with subversion, the family of Yao Fuxin was informed by a senior Liaoyang PSB officer that medical parole was out of the question because criminals charged with subversion did not qualify and that Yao Fuxin had failed to admit his crimes and his "attitude" was not good enough.
The wife of Xiao Yunliang visited the Law and Politics Committee in Oct and Nov 2003 and was told verbally that the application was not approved. She visited them again in May and June 2004 to urge them to provide him medical treatment. Once again her appeals appeared futile.
In May when Xiaos family once again asked for urgent medical care the prison allegedly replied that they had no ability to give him medical treatment without the authority of the Liaoyang Politics and law Committee. Indeed, the family of Xiao Yunliang is now reportedly being asked to apply in advance to the Liaoyang Politics and Law Committee each time they go for a visit.
According to the Measures on Implementing Medical Parole for Prisoners - included among those eligible for parole are any prisoners who have contracted a serious illness with a risk of death and any prisoner with a chronic illness which has not been successfully treated and who has served at least one-third of a fixed-term sentence is eligible for medical parole.
According to this regulation exceptions are only made for those who have been sentenced to death with a two-year reprieve; those prisoners whose whose crimes are serious and towards whom the people have great hatred and those who injure or incapacitate themselves in prison in order to escape punishment.
According to Chinese Criminal Procedure Law (Article 214);
"A criminal sentenced to fixed-term imprisonment or criminal detention, under either of the following conditions, may be permitted to temporarily serve his sentence outside prison:
Dismissal of appeals in Beijing: forcible return
(1) if the criminal is seriously ill and needs to be released on parole for medical treatment; or
(2) if the criminal is pregnant or is breast-feeding her own baby.
If a criminal is truly ill seriously and must be released on parole for medical treatment, a supporting document prepared by the hospital designated by a people's government at the provincial level shall be needed, and the matter shall be subject to examination and approval according to the procedure prescribed by law.
The wives of both men have recently been forcibly returned from Beijing after futile attempts to raise the case of their husbands with the central authorities and ask for a retrial. According to reliable sources, the women went to the Peoples Supreme Peoples Court, the Ministry of Public Security and the central Letters and Complaints Bureau while in Beijing. However, while at the Letters and Complaints Bureau they were picked up by officials form Liaoyang and taken to Huludao City where Liaoyang PSB officials forcibly took them back to Liaoyang.
On their return to Liaoyang, despite continued harassment, the two wives went again to the Provincial Supreme People's Court to demand a retrial. However their request was dismissed.
CLB is calling on the international trade union movement to support the two detainees and their families and urge the authorities to comply with Chinese law and release them on medical parole.
Please sign and send an email to the authorities by clicking on the link below.
Release the Liaoyang Two
Alternatively you can send your own appeals to the Minister of Justice at the address below:
Minister of Justice
Zhang Fusen
10 Chaoyangmen Nandajie
Chaoyangqu
Xiaguangli
Beijingshi 100020
People's Republic of China
Email:minister@legalinfo.gov.cn
Please note that email addresses in China sometimes only work intermittently and may be shut down to avoid receiving mass email. Please be patient or send letters by post
Postcards available to appeal for the release of Yao Fuxin and Xiao Yunliang
CLB has produced four postcards, one of which is an appeal addressed to the Governor of Liaoning province appealing for the release of Yao Fuxin and Xiao Yunliang. The postcards (in sets of four) are available for a nominal sum HK$60 for 30 postcards (US$7). Please send in donations for this amount or more to our Solidarity Fund (click here for details) and contact us with your order.
Previous reports on the Liaoyang protests and the trial and sentencing of Yao Fuxin and Xiao Yunliang
(includes links to provincial information and the workers open Letter calling for the release of Xiao and Yao
Liaoyang Protests: First Anniversary of the Trial of Yao Fuxin and Xiao Yunliang
The Liaoyang Protest Movement of 2002-03, and the Arrest, Trial and Sentencing of the Liaoyang Two
Background
On 11 March 2002, several thousand workers from the Liaoyang Ferro-Alloy Factory in Liaoning Province marched to the headquarters of the city government, demanding government action to investigate the malpractice and misappropriation of funds that had led to the bankruptcy of their factory. Several thousand more workers from other factories who held similar grievances soon joined the Ferro-Alloy workers demonstration. The workers, many of whom were in their fifties and older, were protesting against retrenchment or long-standing arrears of wages, pensions and other basic living subsidies.
Six days into the daily street demonstrations, by then involving over 10,000 workers, the Liaoyang police detained several of the workers' representatives, including Yao Fuxin and Xiao Yunliang. These arrests triggered more demonstrations by even greater numbers of workers, who now demanded the release of their representatives as well. On 18 March, 30,000 workers were reported to have marched in the streets of Liaoyang.
On the morning of 15 January 2003, ten months after the initial demonstrations, Yao Fuxin and Xiao Yunliang went on trial on charges of subversion at the Liaoyang Intermediate People's Court. The principle charges against them were, first, their alleged membership of the outlawed China Democracy Party (CDP) and, second, their alleged contacts and communication with foreign journalists and hostile elements. In addition, they were charged with instigating unlawful assemblies and demonstrations among the Liaoyang Ferro-Alloy workers in February and March 2002 and thereby disturbing public order. The court adjourned after four hours without delivering its verdict.
On 9 May 2003, just weeks after the International Labour Organizations (ILO) appeal to the Chinese government for the release of Yao Fuxin and Xiao Yunliang, the Liaoyang Intermediate Court announced that guilty verdicts had been reached on both men: Yao was sentenced to seven years imprisonment and Xiao to four years imprisonment. The four-month delay in announcing the verdict and sentences contravened Chinas own laws and regulations.
Yao Fuxin and Xiao Yunliang both lodged appeals against their sentences. On 27 June 2003, it was announced that the appeals of both men had been rejected in a secret hearing lasting only 30 minutes at the Liaoyang City Detention Centre where both men were being held. Both families were denied access to the hearing and neither of the two mens lawyers was present.
The two men were moved to Yingkou prison at the end of July 2003, in order for them to receive collective training for a period of four six weeks before being transferred to another prison where they will complete their prison sentences. On 8 October 2003, both men were then moved to Lingyuan prison, a huge penal colony located close to the provinces border with Inner Mongolia. Many political dissidents arrested after the 4 June 1989 nationwide crackdown on the Tiananmen pro-democracy movement were held at Lingyuan Prison, and numerous confirmed reports emerging from the prison at that time indicated that the prison was one of the most brutal in the whole of China.
On 16 March, without prior notification to the family, Xiao Yunliang was transferred to the Shenyang Municipal Dabei Prison. It is likely that the two men have been separated intentionally to create divisions between the two families.
28 June 2004