Zhang Fusen,
Minister of Justice
10 Nandajie,
Chaoyangmen, Chaoyang District,
Beijing 100020,
People’s Republic of China
Email: minister@legalinfo.gov.cn
Cc: Wang Zhaoguo,
Chairman of All-China Federation of Trade Unions
10 Fuxingmenwai Street,
Beijing 100865,
People’s Republic of China
Emails: bgt@acftu.org.cn, gjllb@acftu.org.cn
Dear Minister Zhang Fusen,
I am writing to express my deep concern at the continued imprisonment of two seriously ill labour activists from Liaoyang, Yao Fuxin and Xiao Yunliang, and I respectfully urge you to order their immediate release on compassionate medical grounds.
According to PRC Criminal Procedure Law (Article 214), a prisoner “may be permitted to temporarily serve his sentence outside prison if the criminal is seriously ill and needs to be released on parole for medical treatment.” Despite repeated requests by their families for medical care and parole and despite the clear legal basis for their release, medical parole has thus far been denied to Yao and Xiao. As a result, both men are now reportedly very ill, suffering from chronic illnesses which have not been successfully treated. Neither of the two men has been given full and proper medical treatment needed for their illnesses while in prison, and their condition is rapidly deteriorating.
Yao Fuxin, 53, suffers from seriously high blood pressure, and since October 2003 has collapsed several times in prison due to brief and intermittent heart seizures. He has lost much of the use of his right leg after an earlier injury remained untreated, resulting in numbness and dark discolouration of the limb. He has also lost hearing in his right ear due to an injury sustained when police first detained him in March 2002. Despite severe sub-zero temperatures, Yao’s cell is not provided with heating, he has not been given enough warm winter clothing and is being denied the right to exercise outdoors, read newspapers, take showers, or talk with any of the other prisoners.
Xiao Yunliang, 58, suffers from a wide range of potentially serious medical conditions, the combined effects of which have left him in a very poor state of health. The diagnosed ailments include: cystic disease of the kidney, arteriosclerosis of the aorta, intrahepatic duct stones, chronic gastritis and conjunctivitis in his left eye. In May 2004, his family found that his stomach had swelled to the extent that it was rigid to the touch - symptomatic of kidney or liver disease - and he has difficulty in sleeping, breathing and eating. Despite a cataract operation in August 2004, prison authorities are currently providing him with no medication or other medical care.
On pressing humanitarian grounds, I respectfully urge you to take all necessary action to order the immediate and unconditional release of Yao Fuxin and Xiao Yunliang or, failing that, that they be immediately released on medical parole, in accordance with PRC Criminal Procedure Law and relevant associated regulations, so that they may receive all necessary medical attention and treatment as a matter of urgency.
Thank you for your attention to this important matter.
Yours sincerely,