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Outcry in China over mother sent to labour camp after daughter's rape Outcry in China over mother sent to labour camp after daughter's rape
(about 1 month later)
When a mother was sent to a labour camp for protesting that the men who raped and prostituted her young daughter had been treated too leniently, it sparked fury in China.When a mother was sent to a labour camp for protesting that the men who raped and prostituted her young daughter had been treated too leniently, it sparked fury in China.
The public outcry led to Tang Hui's release, but did not end with her return home last week.The public outcry led to Tang Hui's release, but did not end with her return home last week.
The case has fuelled calls for the immediate reform of a system that means low-level offenders can be detained in forced-labour camps for up to four years without a trial or legal representation.The case has fuelled calls for the immediate reform of a system that means low-level offenders can be detained in forced-labour camps for up to four years without a trial or legal representation.
The 39-year-old mother was sentenced to 18 months re-education through labour for "seriously disturbing the social order and exerting a negative impact on society" after she repeatedly petitioned officials in Yongzhou, Hunan, because she believed the sentences given to the men who kidnapped, raped and forced her 11-year-old daughter into prostitution should have been more severe.The 39-year-old mother was sentenced to 18 months re-education through labour for "seriously disturbing the social order and exerting a negative impact on society" after she repeatedly petitioned officials in Yongzhou, Hunan, because she believed the sentences given to the men who kidnapped, raped and forced her 11-year-old daughter into prostitution should have been more severe.
Tens of thousands of people commented or forwarded posts about her ordeal. Since her release, attention has shifted to the general shortcomings of the system.Tens of thousands of people commented or forwarded posts about her ordeal. Since her release, attention has shifted to the general shortcomings of the system.
In a poll of almost 20,000 internet users, posted by a well-known author on the Sina Weibo microblog service, 98% called for abolition of the system.In a poll of almost 20,000 internet users, posted by a well-known author on the Sina Weibo microblog service, 98% called for abolition of the system.
The poll was later deleted, prompting some respondents to joke that it too had been sent to a labour camp.The poll was later deleted, prompting some respondents to joke that it too had been sent to a labour camp.
Ten well-known lawyers have now issued an open letter calling for change to "re-education through labour", which dates to the 1950s.Ten well-known lawyers have now issued an open letter calling for change to "re-education through labour", which dates to the 1950s.
China had 350 labour camps with 160,000 prisoners at the end of 2008, the last year for which figures are available. The inmates endure long working hours, often in heavy agricultural or factory roles, and receive political education.China had 350 labour camps with 160,000 prisoners at the end of 2008, the last year for which figures are available. The inmates endure long working hours, often in heavy agricultural or factory roles, and receive political education.
The justice ministry does not publish details on why people were detained, although in 2005 it suggested drug offences accounted for more than half the cases. The system is often used to deal with minor criminals, such as thieves and sex workers.The justice ministry does not publish details on why people were detained, although in 2005 it suggested drug offences accounted for more than half the cases. The system is often used to deal with minor criminals, such as thieves and sex workers.
The lawyers who wrote the letter say detaining critics has become an easy way to preserve stability. They want to see it abolished but say that in the short term it must at least be reformed to prevent the most egregious abuses.The lawyers who wrote the letter say detaining critics has become an easy way to preserve stability. They want to see it abolished but say that in the short term it must at least be reformed to prevent the most egregious abuses.
"Now this system is being used more frequently in a more casual way," said Li Fangping, one of the authors, adding that petitioners, activists, dissidents and whistleblowers had been victims of it."Now this system is being used more frequently in a more casual way," said Li Fangping, one of the authors, adding that petitioners, activists, dissidents and whistleblowers had been victims of it.
Pang Kun, a signatory from a Guangdong law firm, said that suspects got as little as three days to prepare for their hearing, were often in detention for that period, and had no right to legal representation.Pang Kun, a signatory from a Guangdong law firm, said that suspects got as little as three days to prepare for their hearing, were often in detention for that period, and had no right to legal representation.
He said they should be given more notice, should remain free before their case is heard and should be able to hire lawyers.He said they should be given more notice, should remain free before their case is heard and should be able to hire lawyers.
The lawyers also say committees should release written statements explaining their decisions, and that those detained should have the right to appeal.The lawyers also say committees should release written statements explaining their decisions, and that those detained should have the right to appeal.
"I am pessimistic about whether the laojiao system can be abolished now as all different levels of governments still regard it as the useful tool to maintain the social stability," Pang added."I am pessimistic about whether the laojiao system can be abolished now as all different levels of governments still regard it as the useful tool to maintain the social stability," Pang added.
Joshua Rosenzweig, a Hong Kong-based independent human rights scholar, said: "You can deal with people who you consider to be problematic or threats to that social order without really having to justify it to anyone but yourselves.Joshua Rosenzweig, a Hong Kong-based independent human rights scholar, said: "You can deal with people who you consider to be problematic or threats to that social order without really having to justify it to anyone but yourselves.
"Decisions are essentially made by police … Even though they have a fancy name for [the hearing committees], when it's time to send someone to re-education through labour they just put the sign on the door.""Decisions are essentially made by police … Even though they have a fancy name for [the hearing committees], when it's time to send someone to re-education through labour they just put the sign on the door."
The ministries of justice and public security have yet to respond to the letter.The ministries of justice and public security have yet to respond to the letter.
There have been repeated calls for reform in recent years, often via the National People's Congress, the largely rubber-stamp legislature.There have been repeated calls for reform in recent years, often via the National People's Congress, the largely rubber-stamp legislature.
Ying Yong, president of the Shanghai High People's Court, called for changes at the NPC session this spring.Ying Yong, president of the Shanghai High People's Court, called for changes at the NPC session this spring.
He pointed out that although the system was supposed to deal with cases not serious enough to constitute a crime, the penalties could be much stiffer than the six-month minimum term for criminal offences.He pointed out that although the system was supposed to deal with cases not serious enough to constitute a crime, the penalties could be much stiffer than the six-month minimum term for criminal offences.
Suspects can be sentenced to between one and three years in confinement. And the sentence can be extended by a year if authorities decide the detainee has not been sufficiently re-educated.Suspects can be sentenced to between one and three years in confinement. And the sentence can be extended by a year if authorities decide the detainee has not been sufficiently re-educated.
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