Country Advice

China – CHN38313 – Land expropriation, – Sujiatun Detention Centre – Water Resources Bureau 25 March 2011

1. Is there any information on land expropriation in Lantun Village, Masanjia Town, Yuhong ?

No information was found on land expropriation in Lantun Village, Masanjia Town. There is information concerning a case of land compensation in the of Shenyang1 in the early to mid 2000s. The case demonstrated the difficulties faced by people seeking legal recourse in such cases. Another case, albeit in the of Shenyang in 2006, resulted in the detention of two activists, a husband and wife who were campaigning against local corruption and unlawful land seizures, in the Sujiatun Detention Centre (see also question 3 below).2 Also, in the late 1990s-early 2000s, large tracts of land in Shenyang were taken for high technology agriculture; the Shenyang mayor during this period was arrested and convicted of fraud.3

The Yuhong land compensation case mentioned above, began in late 2001 when the State Council approved Shenyang City‟s request to requisition the land for municipal construction. The land owners, dissatisfied with the resettlement and compensation terms, sought legal recourse. Over the next three years the owners were caught in a bureaucratic and legal maze involving the village committee, the district government, the district Land and Resources Bureau, the provincial government, petitioning and courts in Beijing.4 For information on available legal avenues of complaint for people wanting to challenge land expropriations and inadequate compensation see questions 2 and 3 in Country Advice CHN38096, dated 24 February 2011.5

1 In a January 2011 news article Yuhong was described as a “suburban” district of Shenyang („China economy: Shenyang lifts sights to industrial innovation‟ 2011, Economist Intelligence Unit – ViewsWire, 31 January – Attachment 1). 2 Human Rights in China (HRIC) 2006, „Rural land activists detained after petitioning over corruption‟, 27 March http://www.hrichina.org/public/contents/press?revision%5fid=27457&item%5fid=27456 – Accessed 22 March 2011 – Attachment 2. 3 Su, Minzi 2005, „The Role of Foreign Investment in China‟s Land Use Policy‟, Asian Perspective, Vol. 29, No. 2, pp.120-121 – Attachment 3. 4 Phan, Pamela N. 2005, „Enriching the Land or the Political Elite? Lessons from China on Democratization of the Urban Renewal Process‟, Pacific Rim Law & Policy Journal, Vol.14. No. 3, June, pp.632-635 – Attachment 4; „Ministry sued by frustrated farmers‟ 2004, China View website, 29 October http://news.xinhuanet.com/english/2004-10/29/content_2155516.htm – Accessed 21 March 2011 – Attachment 5. 5 RRT Country Advice 2011, Country Advice CHN38096, 24 February – Attachment 6.

Page 1 of 4 2. Is there any information on land being expropriated to plant trees (greenbelt project) in Lantun Village, Masanjia Town or Shenyang City?

Although no information was found on land being expropriated to plant trees or for greenbelt project in Lantun Village, Masanjia Town, sources dated 2000 and 2005 indicate that there were tree planting and greenbelt projects being undertaken in Shenyang.6

3. Is there any information on the “Sujiatun District Detention House” in Shenyang City?

There is a detention centre identified as the “Sujiatun Detention Centre” in Shenyang7 and which reportedly has held an activist against land seizures.8 One source noted that one detention centre detainee worked 10 hours a day producing artificial flowers for South Korea as well as having restricted meals and toilet breaks. In addition, the Laogai Handbook mentions a prison, Kangjiashan Prison, located at Baiqing Village, Sujiatun District9 – no other information was found on this prison.

In 2006 Human Rights in China (HRIC) reported the case of two rural land activists, Liu Hua and her husband Yue Yongjin, who were detained for campaigning against local corruption and unlawful land seizures in the Sujiatun District of Shenyang. Liu Hua was said to have been detained in Shenyang‟s Masanjia Re-education Centre and Yue Yongjin in the city‟s Sujiatun District Detention Centre. HRIC reported that family members were not shown a warrant or given any reason for their detention.10

Another 2006 report stated that a visitor to the Sujiatun Detention Centre found Yue Yongjin (see above) and described his condition in the detention centre in the following terms:

Sun…went on to Shenyang, Province on April 1 [2006] to visit Liu Hua, former village head of Zhangliangbao Village, who had just been released from more than a month in detention after petitioning the central government over corruption in her village. Liu‟s husband, former village chairman Yue Yongjin, remained in custody, and on April 4 [2006], Sun Xiaodi went to visit him at the Sujiatun District Detention Center. Sun reportedly found Yue Yongjin in an emaciated condition, being forced to work more than 10 hours a day producing artificial flowers for export to South Korea on a daily food allowance of only three steamed flour buns and allowed only two toilet breaks daily.11

6 Bin, Jiang 2000, „Subway, green belt due in Shenyang – City acts to woo outside investors‟, China Daily, 3 April – Attachment 7; „Shenyang hailed for economic vibrance‟ 2005, Business Daily Update, 13 January – Attachment 8; „Shenyang granted State-level Environment Protection Model City‟ 2005, Business Daily Update, 13 January – Attachment 9. 7 Human Rights in China (HRIC) 2006, „Rural land activists detained after petitioning over corruption‟, 27 March http://www.hrichina.org/public/contents/press?revision%5fid=27457&item%5fid=27456 – Accessed 22 March 2011 – Attachment 2; „Updates on the Trial -- Labour Activists‟ Families Harassed‟ 2003, China Labour Bulletin, 27 January http://www.china-labour.org.hk/en/node/4960 – Accessed 22 March 2011 – Attachment 10. 8 Human Rights in China (HRIC) 2006, „Rural land activists detained after petitioning over corruption‟, 27 March http://www.hrichina.org/public/contents/press?revision%5fid=27457&item%5fid=27456 – Accessed 22 March 2011 – Attachment 2. 9 Laogai Research Foundation 2006, Laogai Handbook: 2005-2006, p.417 http://www.laogai.org/news2/book/handbook05-06.pdf – Accessed 29 August 2008 – Attachment 11. 10 Human Rights in China (HRIC) 2006, „Rural land activists detained after petitioning over corruption‟, 27 March http://www.hrichina.org/public/contents/press?revision%5fid=27457&item%5fid=27456 – Accessed 22 March 2011 – Attachment 2. 11 Human Rights in China (HRIC) 2006, „Environmental Activist Sun Xiaodi Detained Again‟, 7 April http://www.hrichina.org/public/contents/press?revision%5fid=27547&item%5fid=27545 – Accessed 29 August 2008 – Attachment 12.

Page 2 of 4 In 2003, the China Labour Bulletin reported the condition of another Sujiatun Detention Center detainee as follows:

Xiao Yu said that her father was not in good health when they last visited him on October 9 [2003]at Sujiatun Detention Centre in Shenyang. His hair and beard were long, and his clothes were very dirty. She said that he was only allowed to go to the toilet three times a day. Worrying about his health condition, they called the detention centre and the Liaoyang City PSB nearly every day, but the reply has been that “he is quite good”, and “there‟re no such things”. But they later learned from the court that “Xiao Yunliang can hardly see anything; yet he can still walk”.12

4. Is there any information on the Water Resources Bureau in Yuhong District/Shenyang City?

Although no information was found on a Water Resources Bureau in Yuhong District, there is a Water Resources Bureau of Shenyang. Three locations were found in Shenyang for the Water Resources Bureau.

A Shenyang Guide website lists the location of the “Water Resources Bureau of Shenyang” as “No. 5, Huigong Nanyi Road, , Shenyang” with a link to its Chinese language website http://www.sysl.gov.cn/.13 Information on Google Maps shows a “Shenyang Water Resources Bureau” on Wencui Road, Shenyang14 as well as a “Shenyang Dongling Resources Bureau” on “Fang Lan Road, Shen He”15 [Google Translation]16; these two offices are located approximately two kilometres apart17. “Shenyang Dongling Resources Bureau” is shown to have the same website, http://www.sysl.gov.cn/,18 as the Water Resources Bureau of Shenyang previously mentioned. No other information was found on these water resources bureaux.

Attachments

1. „China economy: Shenyang lifts sights to industrial innovation‟ 2011, Economist Intelligence Unit – ViewsWire, 31 January. (FACTIVA)

2. Human Rights in China (HRIC) 2006, „Rural land activists detained after petitioning over corruption‟, 27 March

12 „Updates on the Liaoyang Trial -- Labour Activists‟ Families Harassed‟ 2003, China Labour Bulletin, 27 January http://www.china-labour.org.hk/en/node/4960 – Accessed 22 March 2011 – Attachment 10. 13 „Governmental Organs‟ in „Shenyang: Strong Government‟ (undated), Shenyang Guide website http://www.cnnshenyang.com/gov/governmentguide.asp – Accessed 22 March 2011 – Attachment 13. 14 „Shenyang Water Resources Bureau‟ (undated), Google Maps http://maps.google.com.au/maps/place?hl=en&rlz=1G1GGLQ_ENAU376&um=1&ie=UTF- 8&q=%22water+resources+bureau%22+*+Shenyang&fb=1&gl=au&hq=%22water+resources+bureau%22+*&hnea r=Shenyang,+Liaoning,+China&cid=3213432928421838463 – Accessed 24 March 2011 – Attachment 14. 15 „Shenyang Dongling Water Resources Bureau‟ (undated), Google Maps http://maps.google.com.au/maps?hl=en&tab=wl – Accessed 24 March 2011 – Attachment 15. 16 Google translations can often be poor and can contain errors – as such they give only a rough indication of the contents of a document. For any further reliance on this information, a professional translation should be obtained. 17 „“A”: Shenyang Dongling Water Resources Bureau & “C”: Shenyang Water Resources Bureau, Shenyang City, Liaoning Province‟ (undated), Google Maps http://maps.google.com.au/maps?hl=en&tab=wl – Accessed 24 March 2011 – Attachment 16. 18 „Shenyang Water Resources Bureau‟ (undated), Google Maps http://maps.google.com.au/maps/place?hl=en&rlz=1G1GGLQ_ENAU376&um=1&ie=UTF- 8&q=%22water+resources+bureau%22+*+Shenyang&fb=1&gl=au&hq=%22water+resources+bureau%22+*&hnea r=Shenyang,+Liaoning,+China&cid=3213432928421838463 – Accessed 24 March 2011 – Attachment 14.

Page 3 of 4 http://www.hrichina.org/public/contents/press?revision%5fid=27457&item%5fid=27456 – Accessed 22 March 2011.

3. Su, Minzi 2005, „The Role of Foreign Investment in China‟s Land Use Policy‟, Asian Perspective, Vol. 29, No. 2, pp.99-131.

4. Phan, Pamela N. 2005, „Enriching the Land or the Political Elite? Lessons from China on Democratization of the Urban Renewal Process‟, Pacific Rim Law & Policy Journal, Vol.14. No. 3, June, pp.607-657.

5. „Ministry sued by frustrated farmers‟ 2004, China View website, 29 October http://news.xinhuanet.com/english/2004-10/29/content_2155516.htm – Accessed 21 March 2011.

6. RRT Country Advice 2011, Country Advice CHN38096, 24 February.

7. Bin, Jiang 2000, „Subway, green belt due in Shenyang – City acts to woo outside investors‟, China Daily, 3 April. (FACTIVA)

8. „Shenyang hailed for economic vibrance‟ 2005, Business Daily Update, 13 January. (FACTIVA)

9. „Shenyang granted State-level Environment Protection Model City‟ 2005, Business Daily Update, 13 January. (FACTIVA)

10. „Updates on the Liaoyang Trial -- Labour Activists‟ Families Harassed‟ 2003, China Labour Bulletin, 27 January http://www.china-labour.org.hk/en/node/4960 – Accessed 22 March 2011.

11. Laogai Research Foundation 2006, Laogai Handbook: 2005-2006, p.417 http://www.laogai.org/news2/book/handbook05-06.pdf – Accessed 29 August 2008.

12. Human Rights in China (HRIC) 2006, „Environmental Activist Sun Xiaodi Detained Again‟, 7 April http://www.hrichina.org/public/contents/press?revision%5fid=27547&item%5fid=27545 – Accessed 29 August 2008.

13. „Shenyang: Strong Government‟ (undated), Shenyang Guide website http://www.cnnshenyang.com/gov/governmentguide.asp – Accessed 22 March 2011.

14. „Shenyang Water Resources Bureau‟ (undated), Google Maps http://maps.google.com.au/maps/place?hl=en&rlz=1G1GGLQ_ENAU376&um=1&ie=UTF- 8&q=%22water+resources+bureau%22+*+Shenyang&fb=1&gl=au&hq=%22water+resource s+bureau%22+*&hnear=Shenyang,+Liaoning,+China&cid=3213432928421838463 – Accessed 24 March 2011.

15. „Shenyang Dongling Water Resources Bureau‟ (undated), Google Maps http://maps.google.com.au/maps?hl=en&tab=wl – Accessed 24 March 2011.

16. „“A”: Shenyang Dongling Water Resources Bureau & “C”: Shenyang Water Resources Bureau, Shenyang City, Liaoning Province‟ (undated), Google Maps http://maps.google.com.au/maps?hl=en&tab=wl – Accessed 24 March 2011.

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