Victim's Mother Feared to have been Suicided by Shanghai Police

Bing Suicided: verb (Chinese Internet), a person who is killed, and subsequently is declared to have committed suicide by the Communism government

It has been three months since Yang Jia's mother was kidnapped by Shanghai Police. Although Shanghai Government claimed to have contact with her, including obtaining her agreement to assign a Shanghai government employee to be Yang Jia's defense lawyer, nobody outside Shanghai government has seen her since.

Lawyers close to the case were circulating a rumor today that Yang Jia's mother had been 'suicided' by the Shanghai Police. Victims or related persons are often suicided by police in China. However, so far, in recent years that almost always happened in remote rural counties. In larger cities, people are often jailed or simply beaten instead. For example, lawyer Zheng Enchong of Shanghai was jailed 5 years for representing people who lost home to government sponsored development in a civil case against real estate developers. It is a rare incident that a relative of victim is suicided by the police in a large city like Shanghai.

Yang Jia, a Beijing resident, was unlawfully detained and beaten by Shanghai police on a leisure trip. Shanghai police beat Yang's penis, and made Yang incompete permanently. After being released, Yang complained through official channels but Shanghai police refused to apologize. After a year long procedure going nowhere, Yang stabbed 6 Shanghai Police who had beaten him with a knife. Yang's mother Ms. Wang Jing was kidnapped by Shanghai police under the nose of Beijing Police. Yang was sentenced to death by Shanghai court.

Dozens of attorneys rushed to defend Yang on pro bono, with authorization from Yang's father. However, they were denied access on the basis that the Shanghai government had obtained Yang's mother's request to assign a Shanghai government lawyer to represent Yang. Because no one besides the Shanghai government had access to Yang's mother, the arrangement could not be challenged.

The purpose of the arranged lawyer is largely to have hide what had happened, and the lawyer assigned by the Shanghai government achieved just that by avoid asking any question regarding the original unlawful arrest and beaten at all.

Now that the trail was over, and Yang was sentenced to death, Yang's mother was subsequently conveniently suicided by the Shanghai Police.

Chairman Mao's Big Coming Back

Chairman Mao is coming back. A 37 meters stainless steel statue of Chairman Mao was erected in Chongqing Medical University. The status will be the largest in Chongqing.

In the era of the Great Cultural Revolution, there is a Chairman Mao's statue on every campus in Chinese colleges and universities. The statues were usually built and installed by students of local campus, and there had been silent competitions on which college build the larger statue with better pose. For example, a statue of Mao waving is considered more challenging in build technique then one with his hands on his back. A hat in the struck out hand deserves extra bonus points. Most of these statues had been retired from college campuses across the nation in the era of Reform after 1978. Some statues were removed quietly to make room for other fashionable projects; while some were bombed to piece in symbolic moves.



Yet another Mao's statue was erected in Xiangtan University in Hunan Province last month. The banner on the flatbed truck read 'Warm Welcome Chairman Mao's Statue Coming to Xiangtan University!'.

Proposed Security Rules for Internet Cafe Raised Concerns

A new rule to be enforced by the end of year raised concerns of privacy violations. Evil always comes hidden beneath a glorified name, to protect our children from harm of Internet pornography.

Beijing Municipal ruled that all Internet Cafe must install scanners and video cameras by the end of 2008. When an individual citizen enters an Internet Cafe, his ID card will be scanned, photo taken, and information registered online at a designated government website. Surveillance cameras should also be installed and must be able to capture a clear head shot of all surfers. Communism net police will then be able to remotely monitor and verify identify of each Internet surfer in real time, with precise information on his identify and the IP address of the computer he is using.

Petition for Predential Pardon of Citizen Yang Jia

Now that the final sentencing of Yang Jia is death, we petition to have citizen Yang Jia pardoned by the president of China.

There are no arguments about what Yang did in the headquarter of Shanghai Zhabei Police, however, the trail followed made the entire justice system a circus, every judge, prosecutor and policemen in China clowns.

While President Hu Jiantao is promoting the harmonic society idealism, an image of the entire justice system chasing after a young man who had been wronged by the police with their pants down is absurd. Under this extraordinary situation, we petition to have citizen Yang Jia pardoned by President Hu Jiantao.

The question raised by Yang Jia's case is: when an individual wronged and oppressed by the entire system, when all the mechanism protecting a citizen's civil rights malfunction, who should take the consequence? How should the cost of the systematic wrongdoings be repaid? Thirty years ago, Jiang Aizhen was pardoned under a similar situation.

When Yang Jia dies, dying with him will be the credit of not only the justice system, but the credit of the CCP ruling.

关于特别赦免杨佳先生的公民建议书

今年7月发生的杨佳先生击杀上海警察案令人震惊，引起了国内外广泛和持续的关注。我们对在中国发生这样的事件感到非常难过。我们向遇难的六名警员表示哀悼！向遇难及受伤警员的亲属表示慰问！同时，鉴于对中国法治和文明进步的关注，我们对杨佳先生案发后至今受到的极不公正的司法待遇也深切关注。

1. 鉴于联合国60年来多次通过宣言、决议要求废除死刑，或对罪犯实行特别赦免，鉴于世界上绝大多数国家已经予以执行、废纸死刑的现状；
2. 鉴于中国历史上长期有对死刑实行特别赦免的人道文明传统；
3. 鉴于中华人民共和国过去有对战争罪犯和其它刑事罪犯实行过特别赦免的先例：
4. 鉴于本案所面对的需要改革的存在重多问题的司法制度背景，以及国内外各界普遍存在的对该案的审判程序存在的明显的不公的质疑；
5. 最后，也鉴于我国正在面临解决社会危机，改革"警察国家"的国家形象，动员民心，恢复国家元气，重启文明进程的历史时刻。

我们提请中央政府对本案进行特别审查，依据法定程序对受到普遍同情和关注的杨佳先生实行特别赦免。

提请特别赦免的理由详述如下：

一、废除或者暂缓执行死刑已是国际社会大势所趋

鉴于死刑是一种极端残忍、不人道或有辱人格的惩罚，违反了人类基本尊严。联合国、国际性组织、地区性组织以及人权专家不断提倡废除死刑，废除死刑已成为世界潮流。联合国193个成员国，已经有三分之二以上的国家在法律上或者在实质上废除了死刑。

联合国经济及社会理事会在1984年5月25日第1984/50号决议通过的《关于保护面对死刑的人的权利的保障措施》也规定，任何被判处死刑的人均有权寻求赦免，所有死刑案件均可给予赦免。

联合国大会1989年12月15日第44/128号决议就通过了《旨在废除死刑的公民权利和政治权利国际公约第二项任择议定书》，要求每一缔约国应采取一切措施在其管辖范围内废除死刑。

联合国大会2007年12月通过《全球暂缓死刑》的决议，要求各国尊重国际对死刑的标准并暂缓死刑。

二、1959年至1975年期间，我国过去有对战争罪犯和其它刑事罪犯实行过特别赦免的先例

1959年9月17日，全国人民代表大会常务委员会第九次全议，作出了特别赦免的决定。同日，刘少奇先生签发了《中华人民共和国主席特赦令》。随后分别在1960年11月19日、1961年12月16日、1963年3月30日、1964年12月13日、1966年3月29日、1975年3月17日，共七次发布特赦令，赦免了所有在押战争罪犯。

1979年，在我国新疆发生了蒋爱珍女士连杀3人的重大案件，案发后人民日报和石河子法院在5个月内收到2万多封各界人士来信，要求基于蒋爱珍是义愤杀人应予轻判。后来新疆高级法院作出了不予死刑的决定。此举深得人心，对缓解当时社会矛盾起到了重要的作用。

三、本案存在不公正的司法制度背景及不公正的司法程序

越来越多包括二审过程中披露的事实显示，本案起因于警察严重侵害杨佳先生的身体，杨佳先生的人格亦受到严重侮辱。杨佳先生在长期经正常合法途经寻求权利补偿不果且得不到公正司法救济的情况下，采取极端手段，导致了这场悲剧。这也是为什么杨佳先生的行为以及他遭受的遭遇招致社会各界几乎是一边倒的同情的原因。本案到底属于什么性质，需要最高当局从司法伦理、政治伦理的高度审慎研判。这是对最高当局政治良心、政治智慧的一次考验。

案件发生后，上海地方当局拒绝公布案件全部事实真相。决定本案性质和刑期的关键证人——杨佳母亲被公然绑架，至今不见人，关键证人——七名上海警察拒绝出庭作证。在完全违背法定程序的情况下，秘密强行一审判处杨佳死刑，二审维持原判。如果最高当局不能采取特殊的司法救济，必然给全体国民、国际社会留下整个政权、国家机器在围剿一个受到不公正对待、血气方刚的二十多岁青年的印象。丧失一个从根本上杜绝这类悲剧，重塑法治权威的良好机会。

四、我国历史中长期存在"留养承嗣"以及国家重要时期特赦的人道传统

我国历史上的"留养承嗣"制度，即死刑犯为独子，而祖父母、父母年老无人奉养，经皇帝批准，可以改判重杖、示众，使其免除一死，侍奉祖父母、父母。杨佳为父母独子，两代父祖辈靠杨佳养老送终。我国历史上各王朝，在重要节日或庆典时，均有对死刑犯实行特别赦免之惯例。

在重要节日或庆典时，对罪犯实行特别赦免也是文明国际之通行做法。例如，上个世纪70年代，美国对在越战期间的逃兵和逃避服兵役的罪犯全部实行了赦免。又如，韩国总统金大中在1999年末颁布"千年特赦令"，数千名囚犯获释。

辛亥前夕，革命家汪精卫先生刺杀摄政王载沣。按照大清律令，应凌迟处死、满门抄斩。但朝廷出于此案发生的制度背景，出于和缓人心，出于立宪改革，为清朝前途计，特别赦免了汪精卫先生的死刑。

我国的历史经验以及世界各法治国家之司法实践均告诉我们，特别赦免制度对一个国家的政治稳定、法律进步、民生进步都有不可替代的特殊意义。最高人民法院院长肖扬先生说得好，"我完全赞成对赦免制度的研究。赦免是国家的一项政策性重大措施，也是社会文明进步的重要体现。我国现行宪法第67条和80条对特赦做了规定，但是自从1975年最后一次特赦全部战争罪犯以来的三十多年，我国没有再实行过特赦……当前，全党全国人民正投身于构建社会主义和谐社会的伟大实践，充分发挥特赦制度的作用，对于营造和谐稳定的社会环境，增进人民内部的团结，必会产生良好的巨大的影响。"

今年是《世界人权宣言》通过60周年，也是中国签署《公民权利与政治权利国际公约》十周年。虽然全国人大还未批准该公约，但依照国际惯例，一旦签署就要依照公约要求执行，包括赦免等全部条款。今年年末，中国将面临联合国"禁止酷刑委员会"正式审议中国政府提交的《第四、五轮禁止酷刑报告》；明年年初，也将面临联合国人权理事会首次普遍定期审查中国的人权状况。

今年也是中国融入文明国际的改革开放30周年，明年也是中华人民共和国成立六十周年。为迎接大典，我们呼吁通过对杨佳先生实行特别赦免，开始营造祥和气氛。这也是中国政府奋力构建和谐社会的题中应有之义。这个案件已经毫无疑问将是中国现代史上的一个标志性案件，不管杨佳先生最终的命运如何，是否被执行死刑，该案都将对中国政局产生重要影响。

我们再次郑重呼吁与建议，对杨佳先生实行特别赦免，并以此为发端，开始在中国废除死刑的历史进程，永久确立特别赦免之文明制度，建立文明法治之现代国家。

中华人民共和国公民：（按签名顺序排，第一批签名人员名单）

艾未未（北京艺术家）、茅于轼（北京经济学家）、杜光（北京离休人员）、于浩成（北京法学家）、戴晴（北京学者）、张祖桦（北京学者）、王俊秀（北京学者）、古川（北京编辑）、陈永苗（北京律师）、李苏滨（北京律师）、江天勇（北京律师）、黎雄兵（北京律师）、唐吉田（北京律师）、杨凤春（北京学者）、王治晶（北京自由撰稿人）、夏业良（北京学者）、冉云飞（四川编辑）、廖亦武（四川作家）、张博树（北京法学家）、萧默（北京学者）、刘序盾（北京学者）、李智英（北京学者）、李槟（南京教师）、孙岩力（北京教师）、王卫星（北京记者）、谭洪安（北京编辑）、于赤阳（黑龙江公民）、张辉（山西民主人士）、贾瑞明（河北农民）、谢军（深圳设计）、王靖禹（旅英学者）、华乔（上海摄影师）、释妙觉慈智（广东法师）、林树坤（瑞士出版人）、范冲（北京学生）、张志强（北京打工之友）、李勉之（深圳工程师）、曹王澜（广东民工）、张赞宁（江苏教师)、龚光云(广东学者)、郭玉闪（北京学者）、周曙光（楚国人）、淮生（北京自由职业者）、马萧（北京记者）

2008年10月20日

后续签名人员请发邮件到：tesheyangjia@gmail.com

请按下列格式签名：签名格式为：XXX（人名）北京学者；XX （人名）广东记者；

They Could Not Keep This House From Burning Down

The only Chinese immigration organization, the Legal Immigrants Association (LIA), has been burning after the board and the president posted statements controdicts each other. The board suspended the operation of the LIA, citing power stemed from the bylaws. The president declared the board nonexistant, with endorsement of an immigration lawyer friend.

LIA had a serious chance of leading oversea Chinese in the fight on social status and recognitions.

Another Day, Another Penis

Attorney at law Mr. Liu Xiaoyuan, a diligent blogger took a call at 10:50 Oct 18, 2008. A security guard described how he was wrongly detailed by police, and how police tortured him inside the police station, including tasering his penis.

Months agao, citizen Yang Jia fataly stabbed seven Shanghai police at Zhabei Police Headquarter. Shanghai police kidnapped (possibily killed) Yang's mother in revenge. While Yang's death executation is awaiting for green light from the supreme court, another day, another pennis.

What are Chinese police force made of? Outsiders should know to watch out their backs when travelling in Singapor, and so should they do this same favor to their private part if travel in China.

4:30pm, Mr. Liu took another call, which caller-id showed '*". Without revealing his identy, the called threatened Mr. Liu not accept any interview from oversea media, otherwise be prepread to assume 'consequences' after tomorrow's sentencing of the Yang Jia case.

Mr. Liu Xiaoyuan is a laywer of the Beijing Yitong Law Firm. The official website of the firm is filtered by the Great Firewall of China. A click fromn oversea will return a DNS error, for example.

Killing Yang Jia

According to the communism government, Chinese in China enjoy civil rights five times better than Americans in the US. When the Chinese version John Brown was captured, he would not be hanged immediately, but rather to receive not one fair trail, but two trails.

Beijing resident Yang Jia was accused of killing six Shanghai policemen with a knife is a heavily guarded police headquarter in Shanghai. The ordeal started when Yang was wrongly imprisoned and tortured by Shanghai police after a routine traffic (bicycle) stop, because the Shanghai policeman suspected Yang was riding a stolen bike. After being released, Yang started an endeavor of complaining about his treatment while detained by the Shanghai police. Yang raised enough noise, that Shanghai police sent two officers to Beijing to negotiate a settlement. It is alleged that Yang's penis was badly beaten, and Yang suffered from erection problems. Shanghai offered to pay RMB 1000 ($170), but no apology. Yang asked RMB $3000 ($500) plus an apology, and Yang was not willing to bargain.

By and large, people from Beijing look down on people from Shanghai. Shanghainese were seen with a stereotype of being greedy, dishonest but with no courage. Being badly beaten by Shanghainese, regardless of how many of them are there or whether they are policemen, is a shame too heavy to bear for a Beijing resident. After months of complaining going nowhere, Yang decided to take things into his own hands.

Yang appeared in the gateway of police headquarter, with a gas mask covering his face. He throw a Molotov cocktail to the garden, which attracted the attention of securities, then entered the building. Yang stabbed 3 policemen on the first floor, then went up fire stairs to the 21st floor to killed 3 more police. The first floor was occupied by the unit who wrongly detained Yang, and the 21st floor was occupied by the unit who tortured Yang afterward. One innocent police was killed on the 18th floor when he accidentally used the fire stairs assuming the building was on fire. In the whole process, Yang made sure he did not hurt anyone not wearing a uniform, and he did not hurt any female officers.

Yang surrendered after having done his business. There's no chance of leaving alive anyway, surrounded by thousands of Shanghai policemen on 21st floor. Yang knew he would be sentenced to death according to Chinese laws, but he had a bigger plan, that was to disclose his suffering under detainment of Shanghai police to the world in the trail. It turned out to be the mission impossible.


Yang didn't know that one of the police officer who beat him was a relative of Mr. Wu Zhiming, the top police in Shanghai, and a senior official of CCP. Wu Zhiming is the niece of Mr. Jiang Zeming, the former Party boss of China.

The country was told seven cops were killed, but it was not told that was because of crime involved another policeman, who happened to be a family member of senior CCP Party leader. In order to hide the truth, the entire justice system was kidnapped.

Shanghai police kidnapped Yang Jia's mother from her Beijing residence under day light. It was such an bazaar scene. Yang's relatives protested to the local Beijing police station. Beijing police was so annoyed at first that they asked Shanghai police to return the lady through a statement issued to a press. Shanghai police then announced that Yang's mother appointed a lawyer for Yang, who is also Shanghai police's in house counsel. Yang's mother was not to be seen, until today. Many prominent lawyers in Beijing sued the Shanghai police for kidnapping Yang's mother, and sued Beijing police for not protecting a Beijing resident from being kidnapped under bright daylight. Many influential writers published open letter condemning the kidnapping, to no vein. It is just bazaar.

The trail was supposed to be open, but conducted secretly by a Shanghai court. Several dozens of Beijing lawyers rushed to Shanghai was denied by the Shanghai court. The trail was supposed to be announced at least three days in advance according to Chines law, but was not. Even Yang's father was not allowed to attend the trail, citing space limitation.

Yang was sentenced to death in the first trail by Shanghai Second Middle Court on Sept 1st, 2008, which Yang appealed. The second trail, which would be the ultimate trail in Chinese law, drew even more controversy. Again, the defense lawyer was named by the court, who acted as one of the prosecution in the trail. Again even more lawyers invited by the Yang family was denied by the court. Still, Yang's mother is detained by unknown agency at undisclosed location. What's more, supporters who peacefully rallies outside the court from all over the country was arrested and jailed. Those who are Shanghai residents had their home searched, and property confiscated.

It would be easier to comprehend the bazaar behavior of Shanghai justice system, if the case was about national interest, or in the least about any metropolitan interest. However, it's all about a policeman, who is alleged a family member of a CCP official. Does it worth it?

Yang is sentenced to death, as expected. But why does it necessary to murder a prisoner in such a bazaar manner that the entire justice system was thrown in? What kind of a signal is sending out by murdering Yang, with the full strength of the Party?

On any given day, dozens if not hundreds of innocent people died from police brutality in every corner of China. Some day some one will say enough is enough.

"[...] Politically speaking, the murder of John Brown would be an uncorrectable sin. It would create in the Union a latent fissure that would in the long run dislocate it. Brown's agony might perhaps consolidate slavery in Virginia, but it would certainly shake the whole American democracy. You save your shame, but you kill your glory. Morally speaking, it seems a part of the human light would put itself out, that the very notion of justice and injustice would hide itself in darkness, on that day where one would see the assassination of Emancipation by Liberty itself. [...]

Let America know and ponder on this: there is something more frightening than Cain killing Abel, and that is Washington killing Spartacus."

said Victor Yugo.

A disgusting Picture

What a disgusting pose!

The next core thinks he is the Mao Zedong alive. Dream on. By the way, in Chinese tradition, it is extremely unwise to behave presumptuously before one assumes the highest leadership.

Start of Melamine Milk Powder

Around June 2004, newspaper reported cases of babies died of drinking milk powder with zero nutritious ingredients in Anhui Province. Before their death, these babies had distinctive appearance of swollen heads due to water intoxication. They were referred to as the Big Head Babies. Sanlu Dairy was named as one of the suppliers who produced the killer milk. In a PR stun and with help from higher up (the acting minister of the Health Department, Mr. Gao Qiang), Sanlu was removed from the list.

Amid public outcry after the breakout of the extend of the Big Head Babies scandal, the Chinese government started testing the protein level contained in milk powder products, which, in turn, trigger the melamine scandal.

To answer questions from readers, the techniques of adding melamine was introduced in 2004, and peaked in 2007, when Sanlu was awarded a national science progress award, the highest national award in science. The only dairy related technique to be awarded in the 30 years history of the national top science award.

Police State

While the Chinese government pushed the largest commercial banks, the Big Four, to the market, the US government invested $250 Billion in the first phase into private banks and counted on share bonus in a long run. You never know which turn is the world going to make in the next day.

Thanks for efforts of the ACLU, it was revealed that numerous Maryland residents had been mistakenly targeted as terrorists, and had been under State police surveillance since 2005. In wake of the exposure of the case, the Police just announced that they would destroy the files however they would not allow the people to keep a copy of their file, nor would they be able to review their file with a lawyer.

Four residents of the Frederick county was among the targeted group, because their nonviolent opposition to the expansion of the Ft. Detrick Biodefense Facility. Ft Detrick is a Maryland National Guard base, but shared by several agents, including the National Cancer Institute and the United States Army Medical Research and Materiel Command (USAMRMC). The under construction National Interagency Biodefense Campus would include the highest toxic labs of Army, the USAG, FBI, and CDC. Because Ft. Detrick had a range of materiel processing problem in its history, the local community is wary of the expansion, and a grass root movement is mobilized to advocate for more scrutiny in the plan.

One of the four residents was Schmidt Kissin, a Poland immigrant who fled her homeland on a Fulbright scholarship opportunity after being jailed by then Polish communism government for political activity.

The extend of the surveillance is not known at the time of writing. The Maryland State Police agreed to expunge the record from one of their own databases. However, the record is believed to live in other government databases. For example, according to a report by former Attorney General Steven Sachs, some of the records were also listed in a Federal drug trafficking program. European Union laws prohibit cross referencing of public databases, for the exact reason to prevent false information from propagating. There's no such law in the US.

source

Patriotic Chinese and Patriotic American

With the global depression looming around, the world factory's economy was hit hard as demand dwindles. Patriotic American at this time are those who save, but patriotic Chinese at this time are those who spend. Knowing just that, immediately after the Chinese Premier expressed China's willingness to help the US stabilize its finance (new media obtained a price tag of $200 Billion in new US treasury bonds), the DoD announced a $6 Billion arm sale to Taiwan, the separate province of China. This is a big slap on the face to the Chinese Premier.

The next day, the Chinese central bank went ahead with a global coordinated rate cuts.

How is a Great Depression look like? China apparently is already scared. Is the United States scared?

Big Bail Out

If anyone has been wondering how come Banks in the US and European countries, where they must comply with financial rules, are failing, while their counterparts in China are not, an article which led to the suspending of a news publication could give some hint.

Finance and Economy is a national Chinese newspaper. It was ordered by the Department of Propaganda of the Chinese Communism Party to suspend operation for three months. The article was written by a young reporter about the 'pre-bail-out' of a branch of the Chinese Agriculture Bank, one of the Big Four commercial banks in China.

According to the investigative report, The Agricultural Bank of China (ABC) transferred YMB 800 Billion subprime loans ($130 Billion) to a State Run Fund Management Company. In order to convert state run banks to commercial markets, the Chinese central government supplied full fund in their face value to the bank. Similar measure had been applied to other Big Four banks. However, what happened before and afterwards drew the reporter's attention.

In one city level branch (Changde Branch of Hunan Provincial Branch of the Agricultural Bank of China), YMB 4.6 Billion ($0.7 Billion) subprime had been transferred to the State management company on a rate between 1% to 30%. The management company is then supposed to auction these sumprime. Before the public auction, the Changde Branch bought back all the subprime with a 1.5 times markup. So in the end, the management company pocketed hundreds of millions for loan laundrying, and the Changde Branch took 4.6 Billion extra for doing nothing. It was revealed that a senior official of the ABC, Vice President Luo Xi was behind the sequence of transactions, and have personal interest involved.

In an unrelated report, a Bank of Communications, another one of the Big Four, IT technician was fired because the employee discovered irregularities in transferring subprime to State Fund in the amount of billions and reported it to his supervisor.