Trial Date of Liaoyang Labour Activists Has Yet to be Decided?

(Broadcast on January 13, 2003)

On January 8, Liaoyang Intermediate People’s Court confirmed with us that Yao Fuxin and Xiao Yunliang, the two representatives in the workers’ struggle of Liaoyang Ferroalloy Factory, had been charge with subversion against the state and the trial will be held on January 15. On January 13, two days before the trial , a spokesman of Liaoyang Intermediate People’s Court told me that as they have not yet decided whether it would be an open trial, how the sentence would be measured, whether the trial would proceed as planned, and whether it would still be open to the public. This spokesman said that the court is waiting for the notice of the higher leadership:

Court:

The final schedule hasn’t been decided yet. Don’t worry.

Han Dongfang (Han):

Haven’t they decided that the trial will take place the day after tomorrow?

Court:

Well… Who told you that it’s day after tomorrow?

Han:

I called the court last week, and they said that the trial has been set on 15January.

Court:

You haven’t called this number. Listen to me - It hasn’t been decided yet. I’ll let you know when it’s confirmed.

Han:

So it hasn’t been decided that the trial will take place on January 15?

Court:

Let me see… it is still under review. It hasn’t been decided yet.

Han:

Why?

Court:

I can’t answer you. This is the business of the leadership.

Han:

Oh!

Court:

Don’t worry!

Han:

Will the trial be open to the public?

Court:

That hasn’t been discussed. No decision yet. I will give you a firm answer when it’s decided.

Han:

That means there hasn’t any decision on the trial date and on whether the trial will be an open one.

Court:

Last time you heard that the trial would start on 15 January, right?

Han:

Right.

Court:

Oh, no decision on the time and date yet. When that… is decided… I will tell you. We are still waiting for instructions, do you understand? You are not the only one who called; many people called us too.

Han:

Is there a chance that they will withdraw the charge in this case?

Han:

I’m not able to answer your question. (laugh)

Han:

Any possibility?

Court:

It can only be decided in court. It is difficult to say at this stage whether they will withdraw the case or not.

Han:

Do you think there is such a chance?

Court:

I really can’ t tell you that. It can only be decided in court.

Han:

Well, the trial will definitely proceed, right?

Court:

I think so.

Han:

And when it comes to the sentence, it is a different issue, isn’t it?

Court:

Yes, yes. Your answer is correct this time! (laugh)

Han:

Will they be given a…lighter sentence?

Court:

Yes, yes. Some are in favor of such an opinion.

Han:

In favor of this opinion?

Court:

Mm… Right.

Mo Xiaoping, the lawyer who represents Yao Fuxin, went to Liaoyang to meet with Yao Fuxin last Friday. He said that he is prepared for the trial on January 15. Mo said that he’s still working on his defense strategy.

Han:

You’ve met with Yao Fuxin, haven’t you?

Lawyer:

Yes, I have.

Han:

When did you see him?

Lawyer:

Last Friday.

Han:

How does the case go?

Lawyer:

[It will be tried] on Wednesday, in the main chamber of the Liaoyang City Intermediate People’s Court. There are probably more than 200 seats in that chamber – as told by the Judge – around two to three hundred seats. He has been charged with “subversion against the state”

Han:

Have you seen the files?

Lawyer:

I’ve seen them.

Han:

After reading the files and discussing them with Yao Fuxin, what do you think about the chance of not-quilty defence. ?

Lawyer:

It is difficult for me to say now! We are still studying the case. As he is brought to trial openly, we can only come to a preliminary conclusion after all the evidences have been put forward in the court publicly.

Han:

Did he confess that he has participated in any subversive acts?

Lawyer:

No, he didn’t. Yet it still depends on his attitude when he faces his trial in the court.

Han:

How is the health of Yao Fuxin?

Lawyer:

He is in good condition. The Public Security Bureau sent him to the hospital to have a medical check when he was sick. He had stayed in the hospital for 3 months, so he should be in excellent condition.

Han:

How about his mental state?

Lawyer:

It’s good too. He has a clear mind towards all these things… all these issues.

A laid-off worker from the Liaoyang Water Meter Factory told me on the phone that not only will he go to see the trial, but he will also tell his friends and ask them to go together.

Worker:

Tomorrow [Should be on 15 January – Ed] we will go there!

Han:

Is it far away from your place?

Worker:

Quite far away. But no matter how far away it is, we are all people in Liaoyang, so we should go there to see what’s going on! Others may also go too.

Han:

You mean you will tell the people you know?

Worker:

Right. I will talk to them, and ask them to go if they have time.

A worker from the Liaoyang Chemical Factory told me that it was inappropriate to charge Yao Fuxin and Xiao Yunliang with subversion. He continued to point out that if any one of them is found guilty, the Ferroalloy Factory workers will react against it.

Worker:

It’s all like this. There’re tens of millions of laid-off workers; everywhere in our country is the same, not just in the city of Liaoyang. It is so common. In the current situation, the main conflict within the country is the problem of employment, isn’t it? How to say this, the problem… people are starving, and they are now being….if they are really convicted of this ‘subversion] charge, , people will certainly take some extreme measures!

Han:

Do you think that the worker’s action on the street would lead to the subversion of the state?

Worker:

No.

Han:

Well?

Worker:

It shouldn’t be like this. They have to feed themselves! Nothing else. It’s not that serious. They only want to feed themselves!

Han:

If they are found guilty of subversion, what would you think?

Worker:

I think it would be inappropriate.

Han:

Will it cause some reactions among the workers if they are found guilty?

Worker:

Definitely, we will be upset. Well, like what the slogan says, just for the sake of feeding themselves, nothing else. As long as they have food to eat, that’s okay.

Han:

Are you interested in going to the court on January 15?

Worker:

Anyway, at least we have this sense of crisis. This at least has given a blow to many people in Liaoyang City. Those representatives are caught not for the sake of their own interests. I think many workers from the Ferroalloy Factory will go there; they are more concerned about the case, because it involves their personal interests. The factory is close to us. It has been closed, and the people have gone home.