Ai Weiwei’s wife Lu Qing writes to National People’s Congress

Lu Qing’s letter to China’s National People’s Congress from Sept. 28 (working translation)

Expressing an opinion on Amendments to The People’s Republic of China’s Criminal Procedure Code (draft legislation)

To the Working Committee For The Rule of Law of the Standing Committee of the National People’s Congress:

As an ordinary citizen, I have seen that the Standing Committee of the National People’s Congress has publicly requested opinions on draft legislation for amendments to The People’s Republic of China’s Criminal Procedure Code. Paragraph 30 of the amendment stipulates that public security organs can, under special exceptions, set up a place for a suspect to live under surveillance without notifying the family. Paragraphs 36 and 39 stipulate the special exceptions in which arrest or detention by public security organs can take place without family notification. This means that a Chinese citizen cannot have protection of his or her most basic rights. Residential Surveillance [originally conceived as house arrest] thus becomes secret detention, this is a blatant violation of the constitution. I ask the National People’s Congress, when you debate paragraphs 30, 36 and 39 of the amendment, not to pass the special exemptions. In this way you can clearly state that when public security organs take up forceful measures of detention, arrest or surveillance against any citizen, they should notify the family without exemption and within the period stipulated by law.

My name is Lu Qing, citizen of China, I am a painter. My husband Ai Weiwei, artist, architect and participant in civil society, designer for FAKE Cultural Development Ltd., was taken away at customs at Beijing International Airport. He disappeared for 81 days. We did not receive any notification from the authorities. We did not know why he was kidnapped, where he was held, or about his health condition.

Family and friends were all very worried and angry about his disappearance. Ai Weiwe’s mother, who is over 80 years old, worried day and night. She could hardly sleep or eat and had to take medication. It was a huge mental and physical strain on her. Family members have tried to get information from any direction, reported the case at police stations both where he disappeared, where he had lived and where he was registered. We wrote Missing Person ads and sent letters to the Beijing City Police Bureau, the Procurator’s Office, the Politics and Law Commission, the Discipline Inspection Commission and the Ministry of Public Security, without receiving any answer. Ai Weiwei’s disappearance for 81 days was very harmful for the physical and mental state of his family.

On June 22, Ai Weiwei was “released on bail to await trial” and returned home. [Again], we have not received any notice from the public security organs. After he was taken away by public security organs, they demanded he sign a notice about “residential surveillance” before they brought him to a secret place in the outskirts of Beijing.

When a citizen is taken away by public security, the family should be notified, to honor one the most basic human rights of a citizen. Family members are not co-defendants. They should have a right to know. If a society loses the protection of a citizen’s most basic rights, this is harmful for the whole society.

A cultured nation should respect the most basic rights of a person. If the above measures are passed, it will be a regression for China’s legal system, the deterioration of human rights, and will be a hindrance to the progress of our civilization. I hope that the current modification of amendments to the Criminal Procedure Code could restrain the arbitrariness the public security organs display in upholding law and order. I hope that citizens receive legal protection before the arm of the law, so that the basic human rights as they appear in the constitution are truly recognized.

Signed: Lu Qing, 2011-09-28

See the Reuters article
Photos by Ai Weiwei, from Google+

艾未未夫人路青今日(9月28日)致函全国人大法制工作委员会,建议删除刑诉法修订案中公安机关采取拘留、

逮捕、监视居住等强制措施可以不通知家属的排除性条款:

对《中华人民共和国刑事诉讼法修正案(草案)》的意见

全国人大常委会法制工作委员会:

我作为一名中国公民,看到全国人大常委会正在公开征求《中华人民共和国刑事诉讼法》修订草案的意见,其中,《修正案》“第30条”规定了公安机关可给嫌疑人指定监视居住地点,不通知家属的特殊排除条款;《修正案》“第36条”、“第39条”规定了公安机关采取拘留、逮捕措施可以不通知家属的特殊排除条款;使中国公民人身权利无法得到最基本的保障,使监视居住变成了秘密关押,公然违反宪法。我要求全国人大审议时,对修正案第30条、36条、39条中特殊排除条款不予通过,明确公安机关对任何公民采取拘留、逮捕或监视居住等强制措施时,都应当在法定时间内不加区别地通知到家属。

我叫路青,中国公民,画家,我的先生艾未未,一位艺术家,建筑师,公民社会的参与者,发课文化发展有限公司设计师,今年4月3日在出北京首都机场海关时被带走,失踪长达81天,我们没有收到官方的任何手续,不知道他为什么被抓,被关在哪里,身体状况如何。

亲人朋友都为他的下落不明焦虑、担忧和愤怒。艾未未的母亲,八十多岁,为此日夜担心,寝食难安,只能用药物来控制身体健康,精神上遭到巨大的折磨,家人四处打听,到他的失踪地点备案,到居住地及户籍所在地派出所报案,写寻人启事,向北京市公安局、检察院、政法委、纪委和公安部写信,都没有任何答复。艾未未81天失踪给家人带来了巨大的身心伤害。

6月22日艾未未先生以“取保候审”名义回到家中,我们是没有得到任何公安机关的手续,他被公安机关带走后,曾被要求签署了一份所谓的“监视居住”的通知书,被关押在北京郊区一个秘密的地点。

一个公民被公安机关带走,给家属一个通知是对公民最基本人权的尊重。家属不是同案犯,应当有知情权。当社会失去了对一个公民的基本权利的保护,整个社会也受到伤害。

一个文明的国家,应当尊重人的最基本的权利。如果上述条款得以通过,是中国法制的倒退,是人权的恶化,阻碍了我们文明进程。我希望本次刑事诉讼法修正案能限制公安机关执法的任意性,使公民在公权力面前得到法律的保护,真正实现宪法中所体现的基本人权。

意见人:路青

二○一一年九月二十八日

Advertisements

一条回应 to “Ai Weiwei’s wife Lu Qing writes to National People’s Congress”

  1. Ai Weiwei’s wife Lu Qing writes to National People’s Congress « 中国大好き Says:

    […] Expressing an opinion on Amendments to The People’s Republic of China’s Criminal Procedu… […]

发表评论

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / 更改 )

Twitter picture

You are commenting using your Twitter account. Log Out / 更改 )

Facebook photo

You are commenting using your Facebook account. Log Out / 更改 )

Google+ photo

You are commenting using your Google+ account. Log Out / 更改 )

Connecting to %s


%d 博主赞过: