Submission to UN on Wang Mingliang – August 12, 2009Comments Off on Submission to UN on Wang Mingliang – August 12, 2009
Communiqué to UN Human Rights Special Procedures from Chinese Human Rights Defenders, Alleging Torture and Cruel, Degrading, and Inhumane Treatment of Wang Mingliang, citizen of People’s Republic of China
To: Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
I. Identity of the person(s) subjected to torture
A. Family Name: Wang (王)
B. First and other names: Mingliang (明良)
C. Sex: Male
D. Birth date or age: May 13, 1961
E. Nationality: People’s Republic of China
F. Occupation: Livestock farmer
G. Identity card number (if applicable): Not known
F. Activities (trade union, political, religious, humanitarian/ solidarity, press, etc.): Wang is a livestock farmer
II. Circumstances surrounding torture
A. Date and place of arrest and subsequent torture
The victim began petitioning after an incident in April 2003 in which individuals burned down his home and farm following a dispute over the sale of his land. The victim felt police from Division Number 93, Heilongjiang Provincial Military Farm Bureau Public Security Bureau (PSB) in Heilongjiang Province did not properly prosecute those responsible.
On the morning of October 17, 2005, Wang Haiyang (汪海洋), Zhu Jun (朱军), Jiang Wanfu (姜万福), Li Dejun (李德军) and other officials from Division Number 93, Heilongjiang Provincial Military Farm Bureau PSB handcuffed the victim while he was petitioning at the Ministry of Public Security in Beijing and took him by car to the Jialijia guesthouse, run by the family of Zhang Qingchen (张清臣), in Beijing’s Chaoyang District. Upon arriving at the guesthouse, Wang, Zhu, Jian, and Li began carrying the shackled victim up a flight of stairs (facing upwards), at which point Wang suggested they drop him down the stairs, which they did. The victim suffered fractured vertebrae in his upper and lower back in the fall. The four then carried the victim to a room, at which point Wang continued to beat him. A few days later, the victim was forcibly returned to Harbin, where he was released. He was not given any medical treatment. Following his release, Wang Mingliang went to a doctor himself and got some basic treatment. He continued to petition as soon as he felt better.
On December 6, 2005, Wang Haiyang, Zhu Jun and other officials seized the victim while he was petitioning at Beijing’s Youanmen PSB station and forcibly returned him to Harbin. En route to Harbin, the victim and the officials stopped for the night at the Yiteng Guesthouse in Shenyang. At the guesthouse, Wang Haiyang beat and kicked the victim, bound him with adhesive tape, gagged him, and sat on a chair which was pressing down on the victim’s head. Wang kicked the victim’s injured back with the heels of his shoes, aggravating the victim’s existing injuries and leaving him with trouble walking.
Wang was then sent to three years of Re-education through Labor (RTL), a form of arbitrary detention system where individuals can be held for a maximum of four years without legal procedures. Wang’s injuries got worse in the harsh conditions of the labor camp, and became paralyzed from waist down.
B. Identity of force(s) carrying out the initial detention and/or torture (police, intelligence services, armed forces, paramilitary, prison officials, other)
Wang Haiyang (汪海洋): police officer from Division Number 93, Heilongjiang Provincial Military Farm Bureau PSB
Zhu Jun (朱军): police officer from Division Number 93, Heilongjiang Provincial Military Farm Bureau PSB
Jiang Wanfu (姜万福): police officer from Division Number 93, Heilongjiang Provincial Military Farm Bureau PSB
Li Dejun (李德军): police officer from Division Number 93, Heilongjiang Provincial Military Farm Bureau PSB
C. Were any person, such as a lawyer, relatives or friends, permitted to see the victim during detention? If so, how long after the arrest?
D. Describe the methods of torture used
The victim was pushed down a flight of stairs while restrained, struck with fists and feet, bound and gagged with adhesive tape, and had a police officer sit on a chair which was putting pressure on his head.
E. What injuries were sustained as a result of the torture?
The victim sustained permanent injuries to his vertebrae that left him paralyzed from waist down.
F. What was believed to be the purpose of the torture?
Police wanted to stop Wang from petitioning higher authorities to expose their illegal activities and misconduct. The violence directed against Wang is part of a general pattern of abuse directed against petitioners by interceptors. Interceptors are staff from diverse government units who seize petitioners to prevent them from lodging complaints with higher authorities against local governments. (For further information please see CHRD’s report, Silencing Complaints: Human Rights Abuses Against Petitioners in China, March 11, 2008, http://crd–net.org/Article/Class9/Class11/200803/20080314221750_8056.html)
G. Was the victim examined by a doctor at any point during or after his/her ordeal? If so, when? Was the examination performed by a prison or government doctor?
On May 27, 2006, Wang was sent to a government hospital, No.1 People’s Hospital in Qiqihar City, Heilongjiang Province while he was detained in the RTL camp. The doctors said Wang has lumbar disc herniation with lumbar hyperosteogeny, which are the result of external injuries.
H. Was appropriate treatment received for injuries sustained as a result of the torture?
During Wang’s stay at No.1 People’s Hospital in Qiqihar, some basic treatment was given to him but it did not improve his situation. In fact, Wang’s back injuries continued to deteriorate and by the time he was released from the RTL camp he was unable to walk.
I. Was the medical examination performed in a manner which would enable the doctor to detect evidence of injuries sustained as a result of the torture? Were any medical reports or certificates issued? If so, what did the reports reveal?
The doctors at no.1 People’s Hosptial in Qiqihr performed some diagnostic tests and determined that Wang suffers from lumbar disc herniation with lumbar hyperosteogeny, and they were the result of external injuries.
J. If the victim died in custody, was an autopsy or forensic examination performed and which were the results?
III. Remedial action
Were any domestic remedies pursued by the victim or his/her family or representatives (complaints with the forces responsible, the judiciary, political organs, etc.)? If so, what was the result?
Wang has repeatedly petitioned higher authorities demanding that the torturers be held legally accountable and that he be compensated. However, the local authorities have performed no investigation into the allegation, taken no action against the perpetrators and have not compensated Wang.