【新唐人2012年9月14日訊】重慶前市委書記薄熙來和前公安局長王立軍，在「重慶打黑」的過程中製造了許多冤假錯案。近來，這些在「打黑」中蒙冤被勞教的人士透過律師進行了申訴，其中，重慶市民彭洪獲得所謂的「平反」。律師認為，薄、王錯誤的政策，牽纍不少無辜百姓，而違背立法精神、隨意抓人的「勞教制度」，他希望能夠廢除。。

重慶市民彭洪三年前因為在網路論壇轉貼漫畫，諷刺重慶打黑，卻因此被抓，「勞教」兩年。出獄後，彭洪受到另一件文字獄冤案成功平反的鼓勵，今年年初，他也到法院申訴，最初遭到法院的拒絕，但是在媒體曝光的壓力下，重慶市勞動教育委員會9月10號發給彭洪「撤銷勞動教養決定」書。重慶市的決定書說，經複查，對彭洪的原勞動教養決定「不當」。

彭洪的律師雷登峰介紹說，大約三年前，彭洪在中國網站論壇上轉貼一張關於重慶打黑的圖片，他在圖片上加一句「這把傘好怪呦」作為題目。公安機關竟以「誹謗罪」，將彭洪抓進勞教所，判了兩年「勞動教養」。

重慶律師雷登峰：「當時彭洪因為恐懼，沒有去公安局說明情況。當時警察也沒有上門找他。大概過了一兩個月之後，當時因為王立軍有一些強迫性的命令，要求必須破多少案子，抓多少所謂壞人，某些警察可能是為了完成任務，就想起這個事情，就過來把他抓進去填充人數。」

彭洪被勞動教養兩年，去年(2011年)9月期滿被釋放。今年年初，因諷刺薄熙來而遭文字獄的方竹筍案件被平反之後，他意識到應該用法律的武器維護自己的權利，因此找到雷登峰律師。

雷登峰：「我幫他上法院去起訴，當時法院因為他沒有勞動教養決定書，就沒有受理。新聞媒體知道後進行報導，報導之後，公安機關內部進行複核，認為這個案件確實是一個錯誤的案件。他們就撤銷了他們當時作出的勞動教養決定。相當於是進行了一個平反。」

彭洪被抓，全家受苦。他的妻子當時懷孕6個月，卻拖著身孕四處幫彭洪尋找律師，女兒出生後，彭洪第一次和女兒見面竟然是在看守所裡。

律師說，接下來他們要申請賠償。根據規定，賠償標準依據去年國有企業年均收入，每天大約是162元，彭洪被勞教兩年，應該獲得賠償大約11萬3千元。

雷登峰介紹，還有兩三名在「打黑」當中蒙冤被勞教的人士找到他，希望幫助他們進行申訴。但是因為已經過了中國法律規定的兩年追溯期，雷登峰表示，可能很難進行申訴。

雷登峰：「 當時王立軍錯誤的政策，肯定牽涉的無辜的人是不少的。關於勞教這一塊，彭洪當時2009年的時候，他已經是3千多號了。推測全年至少是4千來人。」

雷登峰表示，他希望通過彭洪的個案來推動「廢除勞教制度」。他說，從彭洪的個案當中，可以看出勞教的過於隨意和擴大化，勞教存在的本身，卻違背中國的《憲法》和《立法法》，總體來說，勞教不合法。他希望「勞教制度」能夠廢除。

採訪編輯/秦雪 後製/蕭宇

Chongqing Resident Arrested for Criticizing “ Anti-Triad”

Campaign Online Rehabilitated

In initializing the “anti-triad” campaign in Chongqing,

Bo Xilai and Wang Lijun created a large number of cases of miscarriage of justice.

Recently, some of the victims who were unjustly put into labor

camp have lodged appeals through lawyers,

and a Chongqing civilian, Peng Hong, has been rehabilitated.

Peng’s lawyer remarked that, many innocent civilians were

involved in Bo and Wang’s political campaign;

the illegal system of “re-education through labor” which

authorizes the government to arrest anyone should be abolished.

Peng Hong, a Chongqing resident, was arrested three years

ago because he posted a satirical comic which

criticized the “anti-triad” campaign on the Internet.

He was later sentenced to a two-year labor camp term.

After being released, Peng Hong was encouraged by another

similar case which had been rehabilitated earlier

and decided to lodge an appeal at the beginning of 2012.

Although the court refused to deal with his appeal at first,

the governmental agency later changed it’s mind under

pressure from media reports.

On September 10th, Chongqing Labor Re-education

Committee issued a written statement to rescind his sentence.

The written statement said that, after reexamination the

previous sentence of re-education on Peng Hong was found to be inappropriate.

Peng Hong’s lawyer Lei Dengfeng introduced evidence that,

three years ago Peng Hong re-posted an existing comic about

Chongqing’s “anti-triad” campaign named “protection umbrella” on a Chinese forum.

Peng had added the words “what a strange umbrella!” to

the picture by himself.

Just because of this, Peng Hong was arrested and put into

labor camp by the public security bureau for an act of “defamation”.

(Lei Dengfeng): ”At that time Peng Hong was scared and

didn’t go to the public security bureau to explain the situation.

Nobody had visited him, either.

About one or two months later,

Wang Lijun issued an order which mandatory required

a minimum number of cases solved or the criminals arrested in a limited time.

Probably it was Wang Lijun’s command which drove the police

to arrest him just to accomplish the task by the deadline.”

After spending two years in labor camp, Peng Hong was

released in September, 2011.

In early 2012, Peng heard that another Chongqing resident

Fang Zhusun who was arrested for criticizing Bo Xilai on his microblog, had been rehabilitated.

He realized that he should also protect his rights with law

and consequently asked lawyer Lei Dengfeng to lodge his appeal.

(Lei Dengfeng):”When I first visited the court the appeal

was not accepted since there is no official proof of his labor re-education sentence.

This news was later reported by the media.

After that, the public security system made a reexamination

of his case and finally concluded that the sentence had been a mistake.

Therefore they rescinded the sentence on him,

this can be regarded as rehabilitation.”

Peng Hong’s family suffered a lot from this unjust sentence.

When Peng was arrested, his wife had to look for a lawyer

for him despite the fact that she was six-months pregnant at that time.

After Peng’s daughter was born, he had to plan the first

meeting with his baby in prison.

Peng’s lawyer also said that they would appeal for

compensation as soon as possible.

According to the law, the amount of compensation should be

calculated according to the average annual income of

state-owned company employees in the last year,

which was around 162 Yuan per day.

Following this standard, Peng should obtain compensation

of 113,000 Yuan for his two-year sentence in labor camp.

Lei Dengfeng also mentioned that several other victims

of injustice cases during the “anti-triad” campaign had visited him for help.

However, since those cases have been beyond the two-year

accepted period of legal memory,

it will be very difficult to lodge a successful appeal.

(Lei Dengfeng):”Wang Lijun’s evil policy has definitely harmed

a lot of innocent people.

Peng Hong was numbered over 3000 when he was sentenced

in 2009 so we can estimate that

the annual amount of people put into labor camps

easily exceeds 4000.”

Lei Dengfeng said that he hoped to push for abolishment

of the labor re-education system through Peng Hong’s case,

which tells us that the decision to sentence to

re-education through labor can be arbitrarily made.

Lei concludes that the labor re-education system itself

is illegal and violates the Constitution and the statutory law.

Therefore he hopes that the system

will be abolished in the future in China.