【禁聞】陸媒﹕法律沒臉見唐慧

2013年07月05日人權
【新唐人2013年07月05日訊】引發輿論強烈關注的湖南永州「上訪媽媽」唐慧,狀告永州市勞教委賠償案,二審於7月2號在湖南省高院開庭。但被告--「永州勞教委」負責人在法庭上拒絕承認勞教唐慧的決定不合法,省高院也沒有做出宣判。對此,有大陸媒體為唐慧不平並宣佈:不是唐慧沒臉見人,是法律沒臉見唐慧。請看報導。

湖南省高院庭審唐慧告永州市勞教委的案件,圍繞三個焦點進行:唐慧勞教案是否有事實和法律依據﹖如果需要賠償,應該以甚麼樣的方式、和數額賠償?永州市中級法院一審是否事實清楚?判決是否合法﹖

2號當天審理完畢後,審判長宣佈:雙方存在重大爭議,案件將擇期宣判。

「唐慧案」可以追溯到2006年,她11歲的女兒遭強姦並被逼賣淫,唐慧隨後開始了長達七年的上訪﹕去湖南省會長沙一百多次、去北京23次,被數次刑拘,還被以「鬧訪」的罪名判勞教一年半。少女受害,母親反被勞教,引發了民眾輿論的強烈批評,「唐慧案」被稱為中共勞教制度的又一大醜聞。

在巨大的輿論壓力下,湖南省勞教委撤銷了對唐慧的勞教決定。

今年1月,唐慧起訴永州市勞教委並索賠2463.85元,永州市法院在4月的一審中,判唐慧敗訴。

這次的被告,除參加一審的永州勞教委辦公室主任羅功軍以外,還有永州勞教委法定代表人蔣建湘。蔣建湘作為永州市副市長兼永州市公安局長,曾在庭審中當庭表示願意「放低姿態,給予賠償,甚至給予賠禮道歉」。

唐慧在二審開庭前透露,5月底湖南省高院曾出面試圖調解此案,永州市勞教委答應她訴訟請求中的補償金額並口頭道歉,並再提供10萬元的生活補助,但不能公開此事。但唐慧表示,「我不能在黑暗中接受你們的錢。」


北京維權律師唐吉田認為,當局的管理方式就是「我管你就要服、我壓你就要聽」這樣一種思路,從沒有把民眾作為權力主體。唐吉田指出,當局這樣做只能使社會局面走向更壞。

北京維權律師唐吉田:「勞教沒有任何合法性的,那麼以勞教這種方式來阻礙公民行使權力,這本身就是一種:輕則行政違法、重則有可能是一種刑事犯罪。」

7月2號,當唐慧出現在湖南省高院大門外時,不少人立即將她團團圍住,「唐慧,我們支持你」的喊聲此起彼伏。

7月3號的《河南商報》也聲援這位「上訪媽媽」,並怒斥法律不公,《河南商報》表示:「上訪媽媽唐慧案二審,如果沒有公正的判決,我們將一直給唐慧打馬賽克。對不起,唐慧!不是你沒臉見人,是我們沒臉見你,是法律沒臉見你。」

大陸人士唐先生:「目前中國所謂的法院、所謂的這些,都是一些純粹跟土匪、地痞流氓差不多的,就是蠻橫霸道不講道理。整個黨國體制都是這樣,都是蠻橫霸道,不講道理。」

「唐慧案」代理律師浦志強對《法國國際廣播電臺》表示,唐慧之所以能夠走到今天這一步,在很大程度上是地方政府無所作為,胡作為和亂作為的結果,以至於整個警察隊伍幾乎無官不貪,包娼包賭。從道德完整性來說,唐慧案件比甚麼案件都更能突出體現、至少永州和湖南老百姓的正常生活,悲慘到甚麼樣的一個程度。


採訪/陳漢 編輯/宋風 後製/肖顏

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Mainland Media: The Law is Ashamed of facing Tang Hui

A lady who's come to be known as the “Petition Mother,”
Ms. Tang Hui of Yongzhou city, Hunan province,
has grabbed media and the public's attention.

She's suing the Yongzhou City Detention Commission,
seeking reparations for her unjust treatment.
The hearing of the second trial opened on July 2nd in
Hunan Provincial High Court.
However, the defendant, the head of the Yongzhou City
Detention Commission, refuses to admit that Tang Hui's
detention was illegal.
The court hasn't handed down a sentence either.

Some mainland media feel it's unfair to Tang Hui,
saying “it isn't Tang Hui who is ashamed;
it's the law which is ashamed of meeting Tang Hui.”
Our reporter has more on the story.

Hunan Provincial High Court's trial for the case of Tang Hui,
who's suing the Yongzhou City Detention Commission,
focuses on three points: Was there legal basis for her detention?

If reparation is needed, what form should it take,
and how much should be compensated?
Did the Yongzhou City Intermediate People』s Court have
clear facts and legitimate judgment in Ms. Tang's first trial?

After the trial on July 2nd, the presiding judge said

“there is significant controversy of both sides. Sentencing
for the case will be scheduled for a later date.”

Tang Hui's case goes back to 2006, when her 11-year old
daughter was raped and forced into prostitution.
That's when Ms. Tang started a seven year long petition.

She went to Hunan's capital, Changsha,
over a hundred times, and Beijing 23 times.
She got detained several times, and was then sentenced
to Reeducation Through Labor for one and half years.
A teenager became a victim, and her mother was
put into forced labor for speaking out,
evoking strong criticism from the public.
The “Tang Hui case” is known as another big scandal of the
Communist regime's Reeducation Through Labor System.

Under enormous pressure from public opinion,

the Hunan Provincial Detention Commission
withdrew the detention decision.

In January this year, Ms. Tang sued the Yongzhou
Detention Commission, demanding compensation for over 2,400 yuan ($400).
Ms. Tang lost in the first trial,
held at Yongzhou City Court in April.

Defendants in the second case are Luo Gongjun, Office
Director at the Yongzhou Detention Commission,
and Jiang Jianxiang, Yongzhou Detention
Commission's legal representative.
Jiang Jianxiang, who is also Yongzhou City's vice Mayor
and secretary of the Public Security Bureau,
said in court that they are willing to “lower the profile,
compensate and even apologize.”

Ms. Tang said before the second trial that at the end of
May, Hunan Provincial Court tried to mediate the case, and
Yongzhou Detention Commission promised to compensate,
apologize, and give 100,000 yuan allowance,
but she isn't allowed to publish this matter.
To this, Ms. Tang said “I can't accept your money in the dark.”

Beijing human rights lawyer Tang Jitian says the reasoning
of the authorities' rule is such that “If I control you,
you must follow. If I suppress you, you need to listen”.

The authorities have never put the people
as the main body of power.
Tang Jitian says the authority could only
make the society's situation worse.

Tang Jitian: “Reeducation Through Labor has no legitimacy.
They just use it to block citizens' exercising their rights,
which itself is a kind of administrative offense
or even a criminal offense.”

On July 2nd, when Ms. Tang Hui appeared
outside Hunan provincial court,
many people immediately surrounded her and
shouted “Tang Hui, we support you.”

On July 3rd, Hengnan Daily also showed support for
the “Petition Mother”, and strongly criticized the injustice.
They said that “if there is no fair sentence for
petition mother Tang Hui』s second trial, we will
always put mosaics on her (feel guilty to face her).
Sorry, Tang Hui! It isn't you who is ashamed,
it's us who are ashamed of meeting you,
it's the law which is ashamed of meeting you”.

Mr. Tang from mainland China: “The current
so-called courts and so on in China are simply bandits,
the same as hooligans, and are just unreasonable.

The Party's whole system is like this:
Rude, overbearing and unreasonable.”

Tang Hui's lawyer, Pu Zhiqiang, said to
Radio France Internationale that
the reason Tang Hui has gotten this far is because the
local government is incapable of doing anything.
It's almost to the point that the whole police force is corrupt.

From a standpoint of morals, Tang Hui's case reveals
more than any other case how tragic life is for ordinary
people living in Yongzhou and Hunan.