【禁闻】中共劳教制度 去留成谜

【新唐人2013年01月16日讯】中共政法委书记孟建柱年初宣布的“停止使用劳教制度”,直到目前,中国各地的劳教局指称,仍没有收到任何劳教制度变化的消息。专家分析,对于是否停止劳教制度,中共高层还存在很大的分歧。

截至目前,多地劳教主管部门都指称,没有收到来自系统内部有关劳教制度变化的任何消息。而在1月9号和10号举行的中共司法部会议中,虽然有提出相关的讨论,但还是没有确定性的消息传出。

1月7号,孟建柱在中共政法工作会议上宣布,中央已研究并报请全国人大常委会批准,今年将停止使用劳教制度。随后,《新华网》发出相关报导,不过,报导很快被删除。

大陆律师唐荆陵指出,当局说今年内停止劳教,实际上,到今年的12月31号,也还在这个范围内。

大陆律师 唐荆陵:“上次那个新闻,它并不是正式通过了法案,要在一个确切的时间停止劳教,它只是说,不会再有新的人羁押,这个中间可能还要召开人大会议,他们会通过法律的修改或者是做决议。我理解,他们只是表达一种主观印象,并不是政策上已经正式改变了。”

法学和中国问题专家赵远明分析,中共高层在是否停止劳教制度上,还存在很大的分歧。

法学和中国问题专家 赵远明:“而且看来斗争还是很激烈的,就是说,有的人不同意取消,因为有很多人,像江派人物,他们这帮人,通过劳教,他们不光是打击异见分子,打击信仰的人,而且还从劳教系统运作中发了很多横财,发了很多黑财,所以他们对这个劳教制度的废改是反对的。”

赵远明指出,如果废除劳教制度,中共对法轮功学员镇压的黑幕将全面曝光。

赵远明:“因为现在大约有十几万人,法轮功学员被关押在各地不同的劳教场所里面,所以这是一个牵扯很广的问题,不是说宣布…底下就全照办,而且办起来也不是一两天的问题,还要经过走一个法律的程序,所以说这是有一个过程的。”

赵远明指出,中共的劳教制度虽然已经实施57年,但是它存在的本身却是和宪法相违背的。

劳动教养制度引进于前苏联对未成年人的一种刑罚,但是,中共把它演变成了一种非刑罚惩罚措施,劳教制度还授权警察可以未经审判,把人关押3年至4年。

北大法学硕士 曹顺利:“这个劳教制度可能现在他们不想废,只是作一些枝枝节节的改革吧,做样子给大家看。如果枝枝节节的改变,我觉得,改变不了这个制度的非法性,和对大家的那种伤害,因为这个劳教制度从根本上说,是违法的。”

去年联合国人权理事会的一份报告说,共有大约19万名中国人被关押在320个劳教所内。大陆媒体报导说,每个被劳教人员平均每月创造的价值约为5千元。但他们几乎没有工资。

赵远明:“最近十几年,它利用劳教制度镇压异见份子,镇压上访人员,镇压不同信仰的人,确实是干了很多坏事,而且在劳教过程当中,对被劳教人员精神上,肉体上造成了很大的伤害,尤其还有酷刑,还有很多在劳教制度里面致伤、致残、致死。”

因帮助访民维权多次被劳教的北大法学硕士曹顺利表示,她没有因为中共当局宣布有关劳教制度的废除或改革,而感到人身有安全感。

曹顺利:“他们想找茬整我们,他们可以不用劳教制度,用刑罚也可以,我就觉得,大的社会环境不改变,这个社会不是法治社会,法治没有威严,没有威信,他们不依法行事,任何人还可以用其他的方式冤枉他,并不一定非用劳教。”

曹顺利指出,就是劳教制度真的被废除,也只是让冤案减少,并不能根除冤案。

采访编辑/李韵 后制/王明宇

Will China’s Re-education through Labor Camp Be Abolished?

Meng Jianzhu, Politics and Law Committee Secretary
of the Chinese Communist Party (CCP), made an announcement at the beginning of 2013.
Re-education through forced labor system will end.

Laogai, or labor camps, all over China alleged
that they still have not received any notice.
Experts say that there are different opinions at the
top levels of the CCP, as to whether to discontinue the re-education through forced labor system.

To date, many officials say that they have not
received internal notification regarding any changes
to the re-education through forced labor system.

On January 9 and 10, the CCP’s
Ministry of Justice held a meeting.
Although this subject was discussed, there
has not been any definitive news officially.

On January 7, Meng Jianzhu announced at a conference

that the central government sent its report to the Standing
Committee of the National People’s Congress (NPC).
This was to get approval that re-education
through forced labor will discontinue this year.
Subsequently, Xinhua also reported this
news. However, the report was soon deleted.

Mainland lawyer Tang Jingling points out that authorities
said they would discontinue the labor system this year.
That means a date of December 31
2013 still falls within this range.

Tang Jingling: “This news was not the formal adoption
of the bill, but that it would discontinue at a certain time.
This only means no more people
will be sent to the labor camps.
When the NPC convenes, they will reach a
resolution through the modification of the law.
My understanding is that they are just bringing up an
idea, but the policy has not been officially changed.”

Zhao Yuanming, an expert of Law in China,
thinks that there are still large differences
among high level officials on this issue.

Zhao Yuanming: “The infighting is still very intense.
In other words, some people do not agree with ending this system,
because they, use the system to attack dissidents and
people of different faiths, in addition to making profits.
For example, the Jiang Zemin faction is this way, therefore,
they are against abolition of the labor re-education system.”

Zhao Yuanming points out that if the re-education through
labor system discontinues, the CCP hidden crackdown on Falun Gong practitioners will be fully exposed.

Zhao Yuanming: “Now hundreds of thousands
of Falun Gong practitioners are detained in labor camps across the country.
It is not a question of implementing an
end to this system in one or two days.
It involves many issues. Besides, it has
to go through a formal legal procedure.”

Zhao says, that the system has been implemented
for 57 years, and has always been a direct violation of China’s own Constitution.”

Re-education through forced labor was introduced
in the former Soviet Union as a penalty for minors.
The CPC changed it into a penalty
for non-criminal behavior.
The labor camp system can also authorize police
to imprison people without trial, for up to 3-4 years.

Cao Shunli, law expert: “They don’t want to discontinue
the re-education through forced labor system.
They only want to change some parts of it,
which are just superficial changes for the public.
Modification of certain parts cannot change the
illegal nature of the system, or its effect on people.
Basically, this system is illegal.”

The United Nations Human Rights Council
reported last year that about 190,000 Chinese
people were detained in 320 labor camps.

Mainland media reported that the monthly average
value created by each inmate was 5,000 dollars.
But the prisoners earned practically nothing.

Zhao Yuanming: “In the last ten years, they have
used the labor camp system to suppress dissidents, petitioners, and people of different faiths.
They have indeed done a lot of bad things.

Through the labor camp process, many people have
suffered tremendously, both physically and mentally.
Many were tortured to the point of disability or even death.”

Cao Shunli was sentenced to a forced labor
camp for taking part in human rights activities.
She said she did not feel a sense of personal
reassurance when the CCP announced the abolishment of the labor camp system.

Cao Shunli: “If they want to find fault with
us, they don’t need the labor camp system.
This society is not based on the rule of law. The
rule of law has no dignity and no prestige here.
They do not act according to the law, and anyone
can be punished with other mean instead.”

Cao Shunli points out that if they abolish the re-education
through labor system, it only means injustice will reduce. Injustice itself will not end.

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