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 营救刘荻，请各位网友向澳洲绿党发依妹 |
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营救刘荻，请各位网友向澳洲绿党发依妹 -- Anonymous - (1136 Byte) 2003-10-21 周二, 下午3:48 (252 reads) |
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作者：Anonymous 在 罕见奇谈 发贴, 来自 http://www.hjclub.org
To:
Mr. Jiang Zemin, President of the People’s Republic of China
Mr. Hu Jintao, Vice President of the People’s Republic of China
Mr. Li Peng, Chairman of the National People’s Congress, PRC
Mr. Zhu Rongji, Premier of the State Council, PRC
From:
A group of Chinese Internet users
Re: We All Are “Stainless Steel” —An Open Letter to the Chinese Leaders Regarding the Arrest of Liu Di, “Stainless Steel Mouse”
January 20, 2003
Dear Sirs:
We are a group of Chinese Internet users from all over the world, who care about the development of China. Although we live in different locations, we acquire information from China everyday via various media including the Internet. We are writing to you to express our concern for the arrest of an Internet user by the penname of “Stainless Steel Mouse”.
It was reported that “Stainless Steel Mouse”, whose real name is Liu Di, a student in the senior year of her undergraduate education in the Department of psychology at Beijing Normal University, was detained on November 7 and arrested on December 15, 2002, charged with “Endangerment of National Security” and “Involvement with Illegal Organization”. The location of detention remained unknown.
To our knowledge, Beijing Public Security Bureau has not complied with the Criminal Procedure Law since the very beginning. The police did not show any detention warrant when they arrested Liu Di. Subsequently, nobody has notified either Liu Di and her family or the university with the cause, procedure and location of the detention. Neither was any attorney assistance offered. This has severely aggrieved Liu Di’s human rights that are protected by the Constitution and the Law. The government and law-enforcement personnel’s transgression of the Law revealed in this case is still continuing.
The “Stainless Steel Mouse” case, as an index of human rights status in China, has shocked vast numbers of Internet users all over the world, and provoked extensive attention. Many of them have prefixed their user names with “Stainless Steel”, while some web sites and forums are considering about adding this prefix to their homepages too. In addition, creation of the web site dedicated to “Stainless Steel Mouse”, attention from international human rights groups, tracking reports [1] by the media in countries, hot topics on Chinese web forums, related critiques, poems and essays, especially the detention-day counters for “Stainless Steel Mouse” on web sites and so on, have expressed deep concern and strong protest against the unlawfulness and inhumanity of this case.
It is the transgression of law by the government that has caused such strong and extensive reactions on the “Stainless Steel Mouse” case. The illegal detention, lack of transparency and the depriving the legal rights of the detainee have not only jeopardized the legal rights of a citizen, but also damaged the authorities of the government and the Party, who had promised “rule by law” to the people and the world.
The case of Liu Di has also risen a series of sensitive political questions, discussed extensively on Chinese web forums:
What are the crime compositions of “Endangerment of National Security” and what is the statutory criterion for “Illegal Organization”?
What is the relationship of the above two concepts, and how are they different from the already abolished “Counterrevolutionary crime”? The latter brought about a great number of unjust verdicts and framed-up cases, and, as a consequence, it seriously agonized the people, the nation, and the CCP itself.
How to protect individual citizen’s inalienable rights prescribed by Article 2 of the Constitution? How to ensure a criminal suspect’s procedural rights prescribed by the Criminal Procedure Law?
Today, at the Internet age, imagine what kind of disastrous consequences would encroached on our nation, if the government continues to silence the people by abusing the power and disrespecting the law?
As a consequence of her arrest, Liu Di’s articles have widely been spread on the Internet. The readers are wondering if it is a new instance of the literary inquisition that has damaged China for thousands of years, is it the resurgence of the calamity that overwhelmed the country with “speech crimes” that just came to an end not long ago? Our ancient sages knew that “to control the people’s speech is more difficult than to control flood” [2]. This is a good teaching the government and the party shall bear in mind.
Liu Di’s case might have some inside story unknown to the public, and the Chinese government’s efforts for stability might have been misunderstood. However, the unknown facts and misunderstandings are usually caused by mysterious law enforcement and abuse of “national secret.” If Beijing police had strictly complied with the Criminal Procedure Law during all the stages of case registration, espionage, residential surveillance, detention and arrest, and had protected the statutory rights of the detainees and their families, then such a broad misunderstanding would never have taken place. In fact, in most countries ruled by law, a single link to the violation of legal procedure, could lead to query on the validity of the case itself.
Thus, whether or not Liu Di offended the Law, the government’s lawful handling of the case would be beneficial to eliminate the misunderstandings, to improve the government’s authority, and to the protection of citizens’ legal rights. It will also be in favor of prevention of unjust verdicts, framed-up cases, and the punishment of crime.
Today, we are writing this open letter for Liu Di and hoping that you would urge the law enforcement department to handle the case lawfully, to remedy the violation of Article 64, Article 71, and Article 96 of the Criminal Procedure Law, and to ensure the following:
1. The families of Liu Di and other detainees (Li Yibin, if to name one) involved in this case shall be informed with the detention location and be allowed to visit the detainees.
2. The litigious rights of the detainees’ to obtain attorney assistance shall be guaranteed without any obstruction.
3. The period limitation for case conclusion on each link of the litigious procedure shall be strictly abided. The detainees shall be released immediately, if evidence is inadequate within the period limitation.
4. Article 125 of the Constitution, Article 11 and Article 152 of the Criminal Procedure Law regarding open court trials shall be executed strictly. If this case should be relevant to lawfully prescribed national secret and could not be tried openly, sufficient reasons shall be announced. Meanwhile, litigious rights of the accused shall be guaranteed.
5. Liu Di and other detainees’ deserving dignity and humanity shall be lawfully respected.
6. Due to Liu Di’s physical condition, her bail or relief on bail for medical treatment shall be considered in accordance with law.
In short, the above 6 requests are indeed simply 8 words: lawful handling and just trial of the case.
We have noticed that Mr. Hu Jintao, representing the CCP, had recently emphasized again on the authority of the Constitution and declared “rule by law” as the national policy. It is “rule by law”, the very hope for our motherland, for which we have written this letter.
Best wishes for a happy New Year.
Signatures Attached.
作者：Anonymous 在 罕见奇谈 发贴, 来自 http://www.hjclub.org |
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