Hubei Provincial Re-Education through Labor Administration Committee Decision Paper Regarding the Release of the four Church Leaders

China Aid Association
Hubei Provincial Re-Education through Labor Administration
Committee
Administrative
Reconsideration Decision Statement
January 8, 2008
E Lao Jiao Xing Fu Zi [2008]
No. 001
Applicant: Yang Situan.
Nickname: Yang Tuan. Male. Born on April 8, 1968. Han nationality. Household residence is registered at:
Huangbei Team, Huinan Village, Huinan
Township, Wuhe County, Anhui
Province. Yang Situan is currently
placed in a program of education through labor at Enshi Prefecture Education
through Labor Center.
Applicant: Wang Caizhang. Nickname: Wang Matai. Male. Born on April 13, 1973. Han nationality. Household residence is registered at: Team 1, Zhangtai
Village, Taiping
Township, Mingguang City, Anhui
Province. Wang Caizhang is currently placed
in a program of education through labor at Enshi Prefecture Education through Labor Center.
Applicant: Ma Chao. Male. Born
on August 12, 1972. Han
nationality. Household residence is
registered at: Miaoxi
Village, Xiaodian
Township, Nanzhao County, Henan. Ma Chao is currently placed in a program of
education through labor at Enshi Prefecture Education through Labor Center.
Applicant: Du Dongliang. Male. Born
on October 14, 1975. Han
nationality. Household residence is
registered at: Suburb of Changzhi City,
Shanxi. Du Dongliang is currently placed
in a program of education through labor at Enshi Prefecture Education through Labor Center.
Respondent: Education through Labor Administration
Committee of Enshi Tujia Nationality and Miao Nationality Autonomous Region.
Legal representative: Director Liu Wangchun
The
applicants Yang Situan, Wang Caizhang, Ma Chao, Du Dongliang do not accept the
education through labor (one year and six months of education through labor)
decision of En Zhou Lao Jue Zi [2007] No. 00038 issued on August 7, 2007 by Education
through Labor Administration Committee of Enshi Autonomous Region and applied
for an administrative reconsideration at this committee on October 9,
2007. This committee accepted its
application for administrative reconsideration according to law. During the reconsideration of this case, it
was found the circumstances surrounding this case are complicated. As a result, pursuant to Clause 1, Article
31 of Law of the People’s Republic of China on Administrative Reconsideration,
this committee decided on December 8, 2007 to postpone the period of the
reconsideration by 30 days.
The
applicants claimed that they did not violate the law with their conduct. The seven applicants of Yang Situan, Wang
Caizhang, Du Dongliang, Ma Chao, Ren Xianxue, Hu Rong and Li Mei, on invitation
by Qin Daomin, went to Guandian
Township, Jianshi County
of Enshi Prefecture for tourism on July 10, 2007. From July 11-13, the applicants Yang Situan,
Wang Caizhang, Ren Xianxue, Hu Rong, Li Mei, Du Dongliang, Ma Chao, led by Qin
Daofang, went to visit the Monuments to the Martyrs, TV relay station, and
other places where they took photos.
They also went to several houses of peasants where they learned the
custom and life of the ethnic people there.
On July 14, with the approval of director of Guandian Township
Welfare Center,
this group of applicants visited the seniors at the welfare center with gifts
worth several hundred yuan and a cash of 200 yuan. On the afternoon of July 15, this group of
applicants gathered at the residence of Qin Daomin. They were found by the policemen from
Guandian Township Police and taken to the police station. They therefore request that the respondent’s
decision on education through labor of En Zhou Lao Jue Zi [2007] No. 00038 be
repealed.
The
respondent, Education through Labor Administration Committee of Enshi
Autonomous Region, submitted to this committee its answers and the related
evidence. The respondent claimed : In early July 2007, Qin Daomin (female, born
on May 16, 1974. Of Tujia nationality. Education: Junior high school. Household residence is registered at Group 3,
Guandian Township Neighborhood Committee of Jianshi County, Hubei Province. She is currently placed in the program of
education through labor outside the center), Yang Situan, Ma Chao, Du Dongliang
and others contacted each other through the phone and came to Guandian Township,
Jianshi County. On July 9, Yang Situan and Ren Xianxue
(Female. Born on October 10, 1972. Han nationality. Wife of Yang Situan. Household residence is registered at Huangbei
Team, Huinan Village,
Huinan Township,
Wuhe County, Anhui Province. She is currently placed in the program of
education through labor in Women’s Education through Labor Administration Center
of Hubei Province.) Li Mei (Female. Born on July 15, 1965. Han nationality. Household residence is registered at Dongcai
Group, Shentang Township,
Xinji Township,
Wuhe County, Anhui Province. She is now placed in the program of education
through labor outside the center.) Hu
Rong (Female. Born on August 10,
1965. Han nationality. Household residence is registered at 10, Hexiang Garden,
Chengguan Township,
Wuhe County, Anhui Province. She is currently placed in the program of
education through labor at Women’s Education through Labor Administration
Center of Hebei Province.) Wang
Caizhang, Ma Chao, Du Dongliang, Miao Yong (on the run), a total of eight
people met at Jiajizui Bus Station of Wuhan.
On the afternoon of the same day, they took a long-distance bus and went
to Hongyan Temple,
Jianshi County. On their way there, the above-mentioned eight
people founded “Short Preaching Travel Group for Spiritual Life” in which Yang
Situan served as team leader, Ren Xianxue served as deputy team leader; Wang
Caizhang was in charge of financial management; Ma Chao was in charge of
photography and Gospel procedure; Miao
Yong was in charge of praying; Du Dongliang was in charge of scheduling. Other people were just members. On July 10, the group of Yang Situan arrived
at the residence of Qin Daomin in Guandian.
On July 11, Qin Daomin, Qin Daofang (Female. Born on September 22, 1967. Tujia nationality. Education: elementary school. Elder sister of Qin Daomin. She resides at Group 3, Guandian Township
Neighborhood Committee, Jianshi County,
Hubei Province. She is currently placed in the program of
education through labor at Women’s Education through Labor Administration
Center of Hubei Province) led a group of people to Guandian Monuments to the
Martyrs and the TV relay station. At the
above two places, they sang hymns, nailed a cross, prayed, and conducted other
activities. On July 12 and July 13, a
total of 10 people, including Yang Situan, divided it into two groups led by
Qin Daomin and Qin Daofang and went to many peasants’ houses to preach the
religion and to convert the people there. On July 14, a group of 10 people, including
Yang Situan and Qin Daomin, went to Guandian’s Welfare Center. They got together over 60 people to watch
them sing hymns, and presented a drama about men and God. They also played the disc of “Life of Jesus”
and led the people in a group prayer.
They prayed for the handicapped seniors and asked God to treat them and
they want the old people in the welfare center to believe in their religion. On July 15, Yang Situan, Qin Daomin and others
invited the new converts to meet at the residence of Qin Daomin where they sang
hymns, presented a drama about man and God, talked about the Bible, prayed and
conducted other activities. The evidence
that confirms the above fact which is illegal activities is: confessions and arguments of Li Mei, Du
Dongliang, Hu Rong, Qin Daofang, Qin Daomin, Ren Xianxue, Wang Caizhang, Yang
Situan and Ma Chao, testimonies from the witnesses, confiscated objects,
audio-video materials, etc. The decision
of education through labor of En Zhou Lao Jue Zi [2007] No. 00038 issued by the
respondent on August 7, 2007 pursuant to Item 4, Clause 1 of Article 10 and
Article 13 of “Pilot Program of Education through Labor” is based on clear
facts and is supported by solid evidence.
Its procedure is legal and its applicable basis is right and term is
appropriate. They request that the
reconsideration agency sustain the decision of education through labor.
After
reviewing the applicants’ application for reconsideration and the answers and
evidence submitted by the respondent, this committee believes that the decision
of education through labor of En Zhou Lao Jue Zi [2007] No. 00038 made by Re-Education
through Labor Administration Committee of Enshi Autonomous Region is not based
on clear facts and is not supported by sufficient evidence.
Pursuant
to Item 3, Clause 1, Article 28 of Law of the People’s Republic of China on
Administrative Reconsideration, this committee has made the following decision:
The
decision of education through labor of En Zhou Lao Jue Zi [2007] No. 00038 made
by Re-Education through Labor Administration Committee of Enshi Autonomous
Region shall be repealed.
If
the person does not accept this decision, they may file an administrative
litigation within 15 days from the date of receiving this decision on
administrative reconsideration.
Hubei Provincial Re-Education
through Labor Administration Committee