China Youth Daily Exposes Town Sweep of Vagrants, Mentally Ill That Left Five Missing and Presumed Dead

July 1, 2005

A January sweep of vagrants and mentally ill persons in Ganzhou city, Jianxi province, left five people missing and presumed dead, reports the China Youth Daily. According to the report, as part of an official effort to clean up the city, Ganzhou city civil affairs and public security officials rounded up seven vagrants and local mental patients, gave them some food, then drove them to a remote part of a neighboring county at night. The officials left the seven by the roadside in harsh winter weather. Two of the vagrants found their way back to Ganzhou, but five others in the group, including two mentally ill people who lived in the town, were still missing nearly six months later.

A January sweep of vagrants and mentally ill persons in Ganzhou city, Jianxi province, left five people missing and presumed dead, reports the China Youth Daily. According to the report, as part of an official effort to clean up the city, Ganzhou city civil affairs and public security officials rounded up seven vagrants and local mental patients, gave them some food, then drove them to a remote part of a neighboring county at night. The officials left the seven by the roadside in harsh winter weather. Two of the vagrants found their way back to Ganzhou, but five others in the group, including two mentally ill people who lived in the town, were still missing nearly six months later. After an exhaustive search, their families presume they are dead. Local civil affairs officials have admitted that the roundup, which they referred to as custody and repatriation, was an "administrative mistake," but claim that they have disciplined the personnel involved and that the matter is closed. The families of several victims signed agreements with the local government providing them 10,000 yuan in compensation on the condition they bring no more claims and do not "stir up trouble," but at least one family has hired a lawyer and is seeking further monetary damages.

The story confirms that some local governments in China continue to practice "custody and repatriation" (C&R) in violation of national regulations. Until 2003, C&R was a legal form of administrative custody that police used to detain and repatriate vagrants, beggars, and other "undesirables" to their place of registered residence. The State Council banned the practice after the beating death of a detainee sparked a public outcry. In its place, the State Council established a system of voluntary aid centers for indigents. Evidence from China suggests that some local governments in China have made progress in implementing the new system. According to a Ganzhou civil affairs official, however, the city had not established an aid center as required because it lacked funds. Instead, city officials continued to detain and repatriate vagrants. The official claimed the practice was common in many counties, and the reporter determined that many counties in the region have not established aid centers.

In a June 9 editorial, the China Youth Daily criticized Ganzhou authorities over the incident, suggesting that their actions amounted to murder and asking how any official could condone such acts in the name of "city beautification." The editorial notes that the incident not only reflects an issue of whether or not the government has enough credibility to implement the aid system but a "deeper concern about how officials treat the rights and lives of citizens." It concludes that "government officials doing evil is frightening, but officials doing evil in the name of serving the people and other so-called noble reasons is even more frightening. Therefore we must use the law to rectify the behavior of government officials."

For more information on the C&R system and its abolition, see the criminal justice sections of the 2003 and 2004 CECC Annual Reports.
 


"It seems that the incident that took place in Chongyi [the county in which Ganzhou sits] is not completely an issue of whether or not the government has enough credibility to put the aid system into effect. On a deeper level, it reflects how officials treat the citizens' rights and people's lives. If an official even undervalues a citizen's life this way, how can we believe that they serve the people?

Government officials doing evil is frightening, but officials doing evil in the name of serving the people and other so-called noble reasons is even more frightening. Therefore we must use the law to rectify the behavior of government officials. Hong Kong legal scholar Chen Hongyi stated: 'Rule by law not only points to using the law to rule, but also the rule of law. From another perspective, this is to say, anything done by a citizen, political leader, or governemnt official must have a legal basis.' Honest words!

Consequently, the current issue is not only the families of the missing persons suing the relevant departments in court and demanding compensation. Even more, the relevant organs should be considering whetehr or not they should send the responsible people to criminal court."