【禁闻】高龄孕妇上访被劳教 夫求救无门

【新唐人2013年01月23日讯】被关押在辽宁省马三家女子劳教所的49岁访民刘玉玲,去年八月被劳教时已经怀孕,至今已有六个月身孕,但仍然挺着肚子被迫强制劳动。律师表示,根据相关法律法规,服刑人员或被劳教者如果怀孕,应监外服刑。维权人士也促请当局尽快将这名孕妇释放。

辽宁省大连市的访民刘玉玲,因为房屋遭强拆,上访至今已11年。她多次到北京上访,却被暴力截访回乡拘留多次。去年7月底,她被“大连市劳动教养管理委员会”指控扰乱社会秩序,处劳教一年。

刘玉玲的丈夫王振表示,劳动教养决定书上面写着,2012年1月22号,刘玉玲以涉及自己的若干问题未得到解决为由,到北京市东交民巷周边非正常上访地区上访,扰乱了该地区的秩序。

访民刘玉玲丈夫王振:“我爱人上访十多年,她从来没有过什么违法的行为,现在劳教所造假,说我爱人到非上访地东交民巷,她根本自己就不知道东交民巷在哪,现在全部办案的主题都是报假的出来。”

王振夫妇提出控告书,指控大连市政府多次制造冤案,虚构事实编造证据,非法剥夺人身自由,肆意践踏人权。

王振在接受《自由亚洲电台》访问时谈到,几个月前,他多次向劳教所反映妻子已经怀孕,但对方没有回应。去年10月,劳教所曾带刘玉玲去化验,但拒绝将化验单给她。

王振:“(每天)工作基本在9个小时到14个小时之间,(我作出投诉后),连和家人通话和通信的权利全都没有了,都被剥夺了。”

“中国天网人权事务中心”负责人黄琦认为,刘玉玲身为高龄孕妇,即便按照现行劳教条例,也属于不得进行劳动教养的范围。

黄琦:“目前我们天网已经为她联系了律师,联系上了律师,律师可能会在最近几天赶往当地劳教所,带着她一起去做检查,然后我们力争在几天之内,把她释放出来。”

根据劳教所第11条法则,孕妇不能处劳动教养,黄琦要求大连市当局应立即无条件释放刘玉玲,并对事件进行彻查。

大陆维权律师李天天:“劳教本身就是一种违背宪法的侵犯人权的制度,女的怀孕还不让保释或休息的话,是非常违背人性。”

1957年8月1号,中共全国人大常委会批准通过《关于劳动教养问题的决定》,随后在中国各地立即建起一百多处劳教场所。

1979年11月29号,中共国务院颁布《国务院关于劳动教养的补充规定》,明确规定劳动教养制度可限制和剥夺公民人身自由1至3年,必要时可延长一年。

中国的劳教制度恶名昭著,被海内外学者广泛诟病。一名法学教授在“废除劳动教养制度是中国人权进步的必然要求”的文章中提议,除“行政拘留”这种行政法范畴的行政行为外,任何剥夺公民人身自由的决定,必须由法院公开审判裁决﹔同时,裁决须按法律的正当程序进行。不再由公安一家说了算。

今年1月7号,大陆官方媒体报导,中共中央政法委员会书记孟建柱在全国政法工作会议上宣布,中央已研究,报请全国人大常委会批准后,停止使用劳教制度。但有律师表示,停止劳教制度,公安仍可能使用其他方式限制上访者或异见人士的自由。

采访/陈汉 编辑/黄亿美 后制/郭敬

Mature Pregnant Woman Currently in Forced Labor Camp

49-year-old Liu Yuling was reportedly pregnant
last August, when she was sent to Masanjia
Women’s Forced Labor Camp, Liaoning Province.

Currently, she will be 6 months pregnant, but
is forced to work long hours in the labor camp.
According to China’s laws, pregnant labor camp
inmates should serve sentences outside the prison.
Human rights activists also urged the
authorities to release her as soon as possible.

Liu Yuling from Dalian City, Liaoning Province
has been a petitioner for 11 years.
Because her home was demolished,
she repeatedly went to Beijing to appeal.
She was stopped and detained many times.

In July 2012, she was sentenced to one year
of forced labor camp for ‘disturbing social order’.

Liu’s husband, Wang Zhen, said Liu went to
Beijing to petition for many unresolved issues.
Within the written decision were allegations
that Liu was disrupting social order.

Wang Zhen: “My wife has been a petitioner for more
than a decade. She has never done anything illegal.
The allegations in the decision
were fabricated by authorities.

The Wang family raised a complaint, accusing the Dalian
municipal government of repeatedly fabricating evidence,
illegal deprivation of liberties, and abuse of human rights.

Wang Zhen spoke in an interview with Radio Free Asia.

A few months ago, he told the labor camp that his
wife was pregnant, but the labor camp remained silent.
In October 2012, labor camp staff sent Liu for a medical
examination, but they refused to give her the results.

Wang Zhen: “My wife’s belly is getting bigger,
but she still has to sew for 9 to 14 hours daily.
Since I filed a complaint, they have prohibited
my wife from talking to anyone outside the camp.
They have also deprived her of family visits.”

Huang Qi, Director of “China Skynet Human Rights Center",

believes that Liu Yuling is a mature pregnant woman, and
she is no longer under existing labor camp regulations.

Huang Qi: “Currently Skynet has contacted a lawyer on
behalf of Liu, and will probably have a checkup soon.
We are trying to get her released within a few days.”

According to labor camp laws, pregnant women
cannot be detained within the labor camp system.
Huang Qi asked Dalian local authorities to
immediately and unconditionally release Liu Yuling.
Huang also calls for a thorough investigation.

Li Tiantian, Mainland human rights lawyer: “Re-education
through forced labor is a violation of human rights.
Detaining pregnant women in the camps
is a violation of human nature.”

On November 29th, 1979, the State Council issued
the “Supplementary Provisions of the State Council on Re-education through labor".
It defined the reeducation through labor system
as detaining citizens for 1-3 years, and if
necessary, may be extended one more year.

China’s labor camp system is notorious, and
widely criticized by scholars at home and abroad.
A law professor published an article, “The abolition
of re-education through labor system is an inevitable
requirement of China’s progress in human rights".

It proposed that any decision to detain
citizens must be disclosed by the court.
At the same time, the trial verdict shall come from due
process of the law, not from the decision of public security.

On January 7 2013, Mainland China’s official media
reported on Meng Jianzhu, secretary of the Central
Commission of Politics and Law Committee.
It reported that Meng announced during a political law
and work conference that a proposal for the abolition
of re-education through labor system has been sent
to the National People’s Congress for approval.
However, some lawyers suggest that if the
abolition of labor camps takes place, the public
security will probably use other means to limit
the freedom of petitioners and dissidents.

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