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Saturday, April 13, 2013

Mother of Hunan child rape victim loses labor camp suit

Want China Times, Xinhua and Staff Reporter 2013-04-13

Tang Hui arriving at court. (Photo/Xinhua)

A court in central China's Hunan province on Friday rejected a demand for compensation by the mother of a young rape victim who is suing a local authority for putting her into a labor camp for petitioning.

After a one-day trial, the Intermediate People's Court in Yongzhou denied Tang Hui's request for 1,464 yuan (US$235) in compensation from the city's Re-education Through Labor Commission for infringing upon her personal freedoms.

The court also rejected Tang's request for a written apology from the commission and 1,000 yuan (US$160) in compensation for mental suffering.

The court said the sentence given to Tang was based on the circumstances surround her breaking the law, and the sentence was both clear and legal. Tang said she would file an appeal.

On October 2006, Tang's then 11-year-old daughter was kidnapped, raped and forced into prostitution. She was rescued on Dec. 30 of that year. Tang was arrested while demanding harsher punishments for the men guilty of the crime and was sent to a labor camp in Yongzhou for what officials called seriously disturbing social order and exerting a negative impact on society by petitioning in front of local government buildings on Aug. 2, 2012. She was sentenced to 18 months in the camp, but was released eight days later amid a public outcry urging her release.

On June 5 last year, the Hunan Provincial Higher People's Court sentenced two of the girl's kidnappers to death. Four others were given life sentences and another one received a 15-year term.

On January 22, Tang filed a lawsuit at the Intermediate People's Court in Yongzhou city, and the court accepted the case on January 28.

At the court hearing on Friday, Tang's lawyer said the commission had illegally infringed upon her personal freedom, otherwise it would not have withdrawn the sentence later. The defendant's lawyer said the decision to rescind the sentence was made because Tang had a daughter who was still a minor in need of her mother's care.

Tang's case is one of a number which have sparked public calls for the abolition of the labor camp system, which allows police to detain people for up to four years without an open trial. Ma Huaide, vice president of the China University of Political Science and Law, said it is widely expected that the case will become a landmark for such reform.

Re-education through labor was approved by the top legislature and established in the 1950s, a time when the Communist Party was consolidating the newly founded republic and enforcing its views of social order.

Ma said the system has played an important part in maintaining social stability over the years, but more drawbacks have been found in recent times. Some government officials have abused their power to take advantage of the system to penalize and even physically torture people in labor camps. It is also considered a convenient way for authorities to deal with problematic dissidents and petitioners.

This year, the government will push reform of the controversial program, according to the national political and legal work conference that concluded in January. "Although Tang lost the case, the public awareness it has triggered will not stop," said Ma, believing the case will help progress in the nation's legal system.


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