International Solidarity (ICFTU, Union Statements)

ICFTU Appeal for the releae of YAO FUXIN and XIAO YUNLIANG on urgent medical grounds

Dear Friends,

China - Immediate Release of Yao Fuxin and Xiao Yunliang on Medical Grounds

You may remember the appeal launched in May 2003 against the very harsh conditions in which labour activists Yao Fuxin and Xiao Yunliang are being kept in prison. Since that time the ICFTU has protested twice again for the same reason. The Chinese authorities thus far have not even bothered to react to this and both labour activists remain incarcerated under the same inhuman conditions.

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 discolouration. 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, his 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. 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.

The ICFTU is therefore launching a new appeal to the Chinese authorities, exhorting them to immediately release Yao Fuxin and Xiao Yunliang on urgent medical grounds. We would appreciate if your organisation would write similar letters to the Chinese Minister of Justice (contact details below), and send a copy to the ICFTU, Department of Trade Union Rights (turights@icftu.org, fax nr. 32-2-224.02.97), the IHLO (ihlo@hkctu.org.hk, fax nr. 852-2-770.73.88) and your own national government, as well as parliamentary human rights commissions or the Chinese embassy (if available), and national and trade union media in your country.

Chinese minister of Justice: Zhang Fusen
Minister of Justice
10 Nandajie, Chaoyangmen, Chaoyang District
Beijing 100020
People's Republic of China
E-mail: minister@legalinfo.gov.cn
Thank you for your support. With fraternal regards,

Yours sincerely,
Guy Ryder.

Full text of the (model) letter is as follows:

　
Zhang Fusen,
Minister of Justice
10 Nandajie,
Chaoyangmen, Chaoyang District,
Beijing 100020,
People’s Republic of China
Email: minister@legalinfo.gov.cn

TUR-IHLO/JK-DM 21 January 2005
Dear Minister,

Re: Immediate Release of Yao Fuxin and Xiao Yunliang on Medical Grounds

On behalf of the (... name of your organisation), which represents (... membership figure of your organisation) unionized workers, we are writing to express our deep concern at the continued imprisonment of two seriously ill labour activists from Liaoyang, Yao Fuxin and Xiao Yunliang, and are calling for their immediate release on medical grounds.

As you will recall, the Brussels-based International Confederation of Free Trade Unions (ICFTU) previously wrote to yourself on 2 July 2004 and to President Hu Jintao on 24 November 2003, appealing for their release on compelling medical grounds. According to Chinese 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 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 men are able to receive the 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 discolouration. 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.

You will also recall that the ICFTU wrote to President Hu Jintao as far back as 12 May 2003 in protest at the sentencing of Yao Fuxin and Xiao Yunliang and in follow-up to the ILO Governing Body’s call for their immediate release in March 2003. The prison sentences were blatantly unsubstantiated and unwarranted. Despite initial accusations of violence committed by Yao and Xiao during the 2002 March protests, such allegations were publicly denied by local authorities and ACFTU officials who thereby confirmed the ILO’s assertion that the two workers were merely exercising their rights of freedom of association and collective bargaining, as guaranteed by the International Labour Organisation’s Conventions No. 87 and 98 and by Article 35 of the PRC Constitution.

In March 2004, the ILO Governing Body again adopted the recommendations of the Committee on Freedom of Association which included the call for your government to "take the necessary measures for the immediate release of Yao Fuxin and Xiao Yunliang".

Despite this recommendation and widespread union condemnation of the continued imprisonment of these two men, no action has been taken by your government in respect of either the 2003 or 2004 recommendations of the ILO Governing Body. Indeed the continued deterioration of the health of both men has served to highlight the continued refusal to act upon the recommendations. The international trade union movement therefore intends to keep the spotlight focused on this case and will continue to campaign for greater respect for workers’ fundamental rights within the PRC.

In conclusion, I urge you, Minister, 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 Chinese Criminal Procedure Law and the relevant regulation so that they may receive necessary medical attention and treatment as a matter of urgency.

Thank you for your urgent attention to this matter.

Yours sincerely,
General Secretary