Appeal for the release of Yao Fuxin and Xiao Yunliang from ICFTU

Mr. Hu Jintao,
President of the People’s Republic of China
c/o Ministry of Justice,
1 Huajiadijia, Chaoyangqu, Beijingshi
People’s Republic of China

AS/TUR 24 November 2003

Mr. President,

Appeal for the release of Yao Fuxin and Xiao Yunliang on compelling medical grounds

On behalf of the International Confederation of Free Trade Unions, which represents 158 million unionised workers through its 231 national affiliated union centres in 150 countries and territories, including China’s Hong Kong SAR, I express our movement’s deepest concern at the transfer to Lingyuan Prison of Yao Fuxin and Xiao Yunliang, workers’ representatives in the four-year campaign against corruption and bankruptcy at the Liaoyang Ferro-Alloy Factory. I am particularly concerned that the health of Xiao and Yao has deteriorated since the transfer and that they do not receive proper medical attention. I am equally concerned that the transfer has made it more difficult for their families to visit them.

According to our information Yao Fuxin is in a very poor state of health. His family visited him on 24 September 2003 in the hospital ward in Jinzhou Prison. He had been suffering intermittent heart failure for several months, had collapsed while in the shower the month before and was only revived after prolonged emergency resuscitation by prison staff.

Since he and Xiao Yunliang were moved to Jinzhou Prison around the 16 August 2003, Yao has had extremely high blood pressure (190 / 130), and prior to his transfer to Lingyuan Prison on 8 October 2003 he had his blood pressure checked twice daily by the medical staff in Jinzhou Prison. Yao also has great difficulty walking, due to an injury he sustained in 2000. As a result of all his enforced inactivity in prison over the past 18 months, the sole of his foot has atrophied and he can only walk by balancing on his heel and toe. Finally, Yao's right eardrum has collapsed and he can only hear with great difficulty. The Jinzhou prison medical staff had reportedly expressed deep concern about his state of health.

There is also grave concern for the health of Xiao Yunliang. Reports from January 2003 and onwards indicated that Xiao had been coughing violently. Doctors had diagnosed this condition as full-blown pleurisy (an infection of the membrane lining of the lungs.) Xiao has had great difficulty in speaking and he still suffers from frequent stabbing chest pains.

Moreover, Xiao Yunliang’s eyes are also in extremely bad condition. On 17 April 2003, he was diagnosed by police doctors as being virtually blind in both eyes. He now has severe conjunctivitis in one eye, and the vitreous matter in the other eye has become completely clouded.
The health of both prisoners has deteriorated since their transfer to Lingyuan Prison due to the lack of proper medical facilities available in the prison and there is great concern that the transfer was intended to be a further punishment. Lingyuan is almost twice as far from Liaoyang – a 12-hour journey by road – as the prisoners’ previous place of confinement, making it much harder for the families to visit the two men. In September 2003, a family visit to Xiao Yungliang was cancelled, ostensibly due to a violation of prison regulations.

Earlier, on 12 May 2003, the ICFTU wrote to you to protest against the harsh prison sentences handed down to Yao Fuxin and Xiao Yunliang and requested their release. The prison sentences were blatantly unsubstantiated and unwarranted. In fact, by publicly denying that Yao and Xiao had ever resorted to acts of violence during the Spring 2002 protests in Liaoyang, local authorities and ACFTU officials had implicitly confirmed that the Ferro-Alloy workers were merely exercising their rights of freedom of association and collective bargaining, as guaranteed by the International Labour Organisation’s Conventions No. 87 and 98. As a member of the ILO, China must live up to these international obligations and guarantee its workers these established rights. In fact, the March 2003 meeting of the ILO Governing Body had called upon your government to release all Liaoyang workers and to drop any outstanding charges against them.

Mr President, I now urge you to intervene in this case by ordering the immediate release of Yao Fuxin and Xiao Yunliang on compelling medical grounds. In the meantime, the ICFTU demands that the prisoners at least be provided with full access to appropriate medical assistance and treatment, and that family visits are facilitated. Failing that, the reputation of the Chinese authorities will be further tarnished by this action of your government, which will be highlighted by the international trade union movement in its campaign to impress on your government the need to show greater respect for the fundamental rights of workers.

Yours sincerely,
General Secretary

Cc: Mr Wang Zhaoguo, Chairman, All-China Federation of Trade Unions (ACFTU)
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