Two men were detained on the grounds of "wearing mourning clothes to protect their rights"! Police Response to Changsha Railway Transport Court | Judgment | Rights Protection
Two men were detained on the grounds of wearing mourning clothes to protect their rights, and the court ruled that the police violated the law. This incident has sparked heated discussions in society.
On June 6th, the reporter contacted one of the parties involved, Mr. Hu, to learn that the incident occurred in May 2021. He and another homeowner, Mr. Zhou, were reported to the local housing and construction bureau for quality issues when they were reported by the bureau's staff on the grounds of "wearing filial piety to protect their rights". They were subsequently detained for 7 days by the local police on the grounds of provocation and trouble making.
Mr. Zhou is shown on the right side of the video screenshot of the rights protection scene
After appealing for rights protection, the Ningxiang police revoked the administrative penalty decision in July 2022, and the two decided to continue appealing for false accusations and accusations. In April 2023, the Changsha Railway Transport Court ruled to revoke the "Termination of Case Investigation Decision" issued by the Ningxiang Public Security Bureau and ordered it to reprocess the "False accusation and framing accusation" submitted by Mr. Zhou in accordance with the law.
On June 7th, the Ningxiang Public Security Bureau responded to the cover news by stating that a comprehensive investigation has been carried out and will be dealt with in accordance with the law and regulations.
The "Prison Disaster" Caused by Housing Rights Protection
Mr. Hu and Mr. Zhou were originally owners of a residential area in Ningxiang City. They have repeatedly reported housing quality issues to the Ningxiang Housing and Urban Rural Development Bureau. On May 31, 2021, they came to Ningxiang Housing and Construction Bureau again. Mr. Hu told reporters that Mr. Zhou was a painter because he usually worked as a painter. At that time, he was wearing a gray top and dark pants with the company name printed on it, while Mr. Hu was wearing a blue top and dark pants. "I never expected to be accused by the other party of wearing mourning and protecting rights," Mr. Hu told reporters.
Clothing considered as "filial piety attire"
According to the judgment of the Changsha Railway Transport Court, Chen, the head of the Construction Engineering Quality and Safety Supervision Station of the Ningxiang Housing and Urban Rural Development Bureau, and Tan, the office director, claimed that Mr. Zhou "wore a white shirt and a white hat, dressed as a filial son when he died in rural areas." According to the inquiry records, on-site videos, and photos, it is known that Mr. Zhou did indeed wear a "white" shirt and a folded newspaper hat when he petitioned at the office of the Ningxiang Housing and Urban Rural Development Bureau on May 31, 2021.
Mr. Hu explained to the reporter that because Mr. Zhou is a painter, he usually wears a paper hat during work. When he went to protect his rights, he saw a newspaper in the corridor and folded it, ready to take it back to work. According to a video provided by Mr. Hu at the time of the incident, it can be seen that the two people were dressed according to Mr. Hu's description.
A case that cannot be concluded despite wanting to
After the detention period ended, Mr. Hu and Mr. Zhou began to appeal for their rights. In October 2021, they sued the Ningxiang Public Security Bureau in court.
Similarly, a 2021 administrative judgment by the Changsha Railway Transport Court determined that the evidence submitted by the Ningxiang Public Security Bureau could prove the facts of the case. According to Article 26, Item 4 of the Law of the People's Republic of China on Public Security Administration Punishments, the administrative detention of Mr. Zhou and Mr. Hu for seven days is the correct application of the law. The Ningxiang Public Security Bureau filed and accepted the case on May 23, 2021, and made a penalty decision on July 6 of the same year. It is deemed that the administrative action procedure is slightly illegal due to the inability to determine the cause and exceeding the deadline for handling the case. This illegal action has not had an actual impact on the rights of the plaintiff, and it is confirmed that the administrative action made by the Ningxiang Public Security Bureau is illegal.
Revocation of Administrative Penalty Decision
On July 1, 2022, the Ningxiang Public Security Bureau issued a "Decision on Revocation of Administrative Penalty by the Ningxiang Public Security Bureau", stating that "after investigation, witnesses such as Chen and Tan stated that there is no evidence to prove that Hu and Zhou wore filial piety clothes to cause trouble at the Ningxiang Zhi'an Station. Hu and Zhou's behavior does not belong to the illegal act of provoking trouble under Article 26, Paragraph 4 of the Public Security Administration Punishment Law of the People's Republic of China. According to Article 40 of the Administrative Penalty Law of the People's Republic of China, administrative penalties should not be imposed."
On September 27, 2022, the Ningxiang Public Security Bureau issued a decision to terminate the investigation, stating that there were no illegal facts in the case of Hu and Zhou being falsely accused and framed. Therefore, it has been decided to terminate the investigation.
Although the police have revoked the administrative penalty, Mr. Hu told reporters that he does not want to stop there and that those who falsely accuse will be punished by law. "It's obvious that they deliberately created unjust and false cases. I just hope this kind of thing doesn't happen again, after all, switching to someone else doesn't have the time and money to consume," Mr. Hu said.
So, in 2022, Hu and Tuesday once again sued the Ningxiang Public Security Bureau to the Changsha Railway Transport Court. After more than a year of waiting, in April 2023, the Changsha Railway Transport Court ruled to revoke the "Termination of Case Investigation Decision" issued by the Ningxiang Public Security Bureau and ordered it to lawfully reprocess the "False accusation and framing accusation" submitted by Mr. Zhou.
"Now we are waiting for the second trial of the court, hoping that this matter can have a fair and just conclusion," Mr. Hu told reporters.
Cover News Reporter Chen Yanfei
