With the first arrest on March 17, 2002, the Liaoyang Four (Yao Fuxin, Pang Qingxiang, Xiao Yunliang and Wang Zhaoming) have been detained for more than six months, and to date, they have not been formally charged.

On September 29 and 30, more than 600 Ferroalloy workers petitioned the city government again demanding for the release of the Liaoyang Four before National Day. As Radio Free Asia reported, New York-based China Labor Watch said Ferroalloy workers posted handbills on September 26, calling on fellow workers to join the two-day protests.

Once again, they failed to get any definite response from the city government, and the four workers' representatives are still under detention.

Yao is currently held at a detention centre for ill offenders in Shenyang city [he was originally held at Tieling City Detention Centre - Ed.] Yao's family was granted another visit on October 9 [last visit was on May 13 - Ed.]. According to Yao's daughter, Yao Dan, the other three arrested workers were granted family visits as well.

At the detention centre, Yao Dan found her father still in poor health with heart problems and hypertension even though he has been treated and is still on medication. Taking the advice of Yao's lawyer, she will be applying to relevant authorities to release Yao on bail pending trial [according to Article 60 of the Criminal Procedure Law, detainees can be released on bail for medical reasons - Ed.]. "We don't expect anything but we still want to pursue [the case] in accordance with the normal procedure and have exchanges with the government", Yao Dan told China Labour Bulletin.

Despite the health problems, Yao is in good spirit. Yao Dan recalled what he said during the family visit on October 9:

"I didn't say anything against the Party. I didn't say anything against socialism. I was just asking for basic livelihood for the workers. The Party shouldn't have arrested me...I have done nothing wrong."

Obviously, the local authorities think otherwise. To date, Yao's lawyer, Mo Shaoping, is still denied access to Yao, claiming that his case involved "state secrets". Mo has requested the public security bureau to explain in black and white why Yao was denied visits from his lawyer, but he has not received any reply.

According to the Criminal Procedure Law, the maximum length of detention is six and a half months (and seven months including public holidays). This means that at any rate, the Liaoyang city government should make some definite moves by the end of October (Note).

China Labour Bulletin

2002-10-16

Note

The legal limit of detention becomes uncertain if the authorities tag 'state secrets' on Yao's case. If the offender is found having committed other "important" charges in the process of investigation, the period of detention for investigation will be re-counted starting from the date thereof (Article 128 of the Criminal Procedure Law). In this case, the public security authorities are required to notify Yao and his lawyer.

Mo Shaoping also notes that upon application from relevant authorities, detention can be extended with no definite limit "under special circumstances".