[The Epoch Times, 01 dicembre 2022](Epoch Times reporter Luo Ya and special correspondent Shang Yan interviewed and reported) On November 30, they were the first seven victims of the fire in Urumqi, Xinjiang.white paper revolution“, but the person responsible for the fire has not yet been held responsible.
On the evening of November 24, a high-rise building in “Jixiangyuan Community” in Urumqi, Xinjiang caught fire, but people were unable to escape due to the blockade; due to the need to remove the community’s sheet metal, fire trucks were unable to enter for a long time, and the water jets could not reach the burning floor. The fire ultimately claimed dozens of lives and sparked a “crisis” that engulfed China.white paper revolution”。
Coincidentally, a fire broke out in a community apartment in Yibin City, Sichuan Province on November 28. Even fire trucks were stuck outside the epidemic prevention fence, unable to put out the fire.
Disasters like this keep popping up. Who is responsible for the deaths and injuries of residents caused by the lockdown measures in the fire? Who is the victimfee? Are the containment measures themselves illegal? Many legal issues need to be clarified.
lawyer: Anyone who violates the law will be bannedfee
“Those who personally weld the iron gates, repair the fences, lock the gates and lock the burglar-proof doors, i.e. the commanders, are primarily responsible,” Human Rights in ChinalawyerLu Tinge said, “They are seriously suspected of limiting personal freedom. So, in the process, after a situation such as the Xinjiang fire happened, they were involved in (crime), at least the crime of death by negligence” .
Chinese human rights lawyer Cheng Hai said the purpose of the lockdown was to stop the spread of the virus, not to isolate residents from the world. These rights should be guaranteed if residents fall ill or flee a disaster.
“From a legal point of view, anyone who illegally shuts down residents and causes losses to residents will be compensated.” Attorney Cheng Hai said, “For example, if it is caused by the district committee, then the district committee will compensate the loss. Of course, the district committee is generally the executor and cannot decide by itself. The level the lowest should be the sub-district government office, or the level of city government or district government, and should be responsible for compensation.”
Municipal governments and neighborhood committees in many places are shirking their responsibilities
At present, municipal governments and neighborhood committees in many places are shirking responsibility for each other’s closure.
According to reports, Shanghai has been under lockdown for three months this year, but when the lockdown was lifted, the city government said “Shanghai had never announced a lockdown before,” saying neighborhood committees had imposed the lockdown. alone. When The Epoch Times interviewed a community committee in Puxi, the staff member said, “We need to listen to our superiors. Where is our superior? On the street. Where is the street superior? Within the district. Where is the district superior? The city government.”
After the fire in Urumqi, the Urumqi authorities also denied the closure and blamed the residents for their weak self-rescue ability, firefighting delay, and escape delay.
Attorney Lu Tinge pointed out that this phenomenon of not being able to find out who is the subject of responsibility and who is the subject of command, in itself shows that prosecutors “have no confidence.”
“In a way, he also admitted that this is illegal, or even illegal, but he did it this way.” Attorney Lu Tinge said, “In fact, this does not mean that these lockdown measures have not increased, or that the prevention and control measures have not increased. , including the nucleic acid test, which has been fully analyzed by people in the legal profession before, showing that they have no legal basis.”
“This kind of public power action and government action without legal basis is illegal. That is to say, almost all of these lockdown measures are suspected of being illegal,” he said.
Lawyer: The seal and prosecution should be determined by the provincial authorities
Attorney Cheng Hai said that the seal and prosecution should be determined by the top-level local and provincial authorities. If it’s not a government action, it should be a crime of abuse of power or nuisance of public order.
“Nowadays, many residents’ committees are responsible for sealing and controlling. This is ridiculous. The residents’ committee is also a mass organization, which is elected by the residents of the district. The elected people alone come to punish the their residents”. This became It’s a Crime. Without power, isn’t that a crime? Abuse of power?” said lawyer Cheng Hai.
The lawyers also pointed out that it is also illegal for the CCP’s frontline headquarters for epidemic prevention and control at all levels to order the shutdown.
Attorney Lu Tinge said: “It can be clearly stated that the so-called headquarters is essentially a so-called temporary agency. It does not have the status of an administrative entity in the legal sense. Therefore, the notices and decisions it issues are in the strict sense. In other words, it has no legal force.”
Attorney Lu said that the administrative departments of governments above the county level have the power to enforce the law, and that the municipality or sub-district offices have certain management powers in some cases, but must be authorized by the governments above the county level. This authorization also has clear restrictions: the seal restricts personal freedom and property rights and cannot be authorized.
Lawyers introduce legal methods of self-insurance
In the face of illegal and extreme blockades, how can residents protect themselves in accordance with the law? Attorney Cheng Hai introduced two methods.
Attorney Cheng Hai said, “The first to report the case to the police, this place is illegally sealed, we don’t know who did it now, please check. He can see who is doing it by checking the surrounding video. Then you can find this department by following the clues.Second, approach the relevant (organizations) such as the street, neighborhood committee, district government and city government for government information disclosure and ask them to explain who is responsible for the blockade. Now it’s time to investigate and collect evidence.”
Attorney Lu Tinge said that, as a legal person, he feels obliged to advise and help the public from a legal perspective: “It is not about sensitivity or insensitivity in this matter, only legal and illegal matters. If this is clarified, you are the country. Policies and guidelines should also be implemented within the framework and scope of the law.”
“Because the Chinese government (CCP) has always emphasized the global rule of law. If one day the government abolishes all laws, then lawyers will no longer insist on using laws to consider the affairs of the whole society,” he said .
He called on more conscientious lawyers to stand up and provide free legal advice and assistance to these citizens and students who are fighting for the release.
Responsible editor: Li Qiong#
