给杨建利的支持者们的紧急呼吁

傅湘


┌────────────────────────────┐
│　杨建利博士为了关怀中国的民主进程被中共逮捕过期拘禁。　│
│　他正在狱中展开绝食抗争。请关心中国人民福祉的人一起来　│
│　关怀杨建利，参与这个给人大请愿书的联署活动，给中共施　│
│　压。如果你愿意，“请把你的姓名和工作单位今天就发送到　│
│　info@yangjianli.com以表示你的支持。”请明示“中华人 　│
│　民共和国国民”或“其他支持者”。　　　　　　　　　　　│
│　　　　　　　　　　　　　　　　　　　　──洪哲胜编按　│
└────────────────────────────┘

亲爱的朋友们，

我的先生和我再一次需要你们的帮助。为了支持建利的绝食决定，我
们家人和许多朋友感觉必须尽快给中国政府递交一个请愿书（详见我
的法律顾问起草的请愿书）。我们希望能尽可能广泛地收集签名并在
24至48小时内送出，因为人大会议目前（到3月15日正在北京召开，
而且建利的律师日内将再次会见他。我们希望交给他一张带有签名的
请愿书，使他得到安慰、力量、鼓舞和希望。

请把你的姓名和工作单位今天就发送到info@yangjianli.com以表示
你的支持。

深深地感谢你们的宝贵支持！

衷心地感谢，

傅湘
2004年3月9日

又及：此件同时送给数名美国国会议员。

〔原载《杨建利网站》〕

【说明】如果是中华人民共和国国民，请署在“PRC Citizens”；
　　　　否则，请署在“Other supporters”。

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Petition Regarding the Illegally Prolonged Detention of
Dr. Yang Jianli


To the Standing Committee of
the National People's Congress:


In June 2003, the Judicial and Internal Affairs Committee
of the Standing Committee of the NPC, resolved to put an
end to the "chronic disease" of illegally prolonged
detention. Accordingly, the Supreme People's Procuratorate,
the Supreme People's Court, and the Ministry of Public
Security undertook last year to resolve all outstanding
cases of illegally prolonged detention and adopted measures
designed to prevent new cases from occurring. We applaud
these efforts as being significant steps on the path to
rule of law and the respect and protection of human
rights. However, there is one case of illegally prolonged
detention that has not yet been resolved, which we now
respectfully draw to your attention.

Dr. Yang Jianli, a Chinese citizen and U.S permanent
resident, was tried in a three-hour closed trial in the
Beijing No. 2 Intermediate People's Court on August 4, 2003
for illegal entry into China and espionage for Taiwan. He
has remained in detention since he was first taken into
custody on April 26, 2002, and a verdict has yet to be
announced in his case. As you are undoubtedly aware, in
June 2003, the United Nations Working Group on Arbitrary
Detention concluded that Dr. Yang was being arbitrarily
detained. Yet, Dr. Yang remains in detention without a
decision as to his guilt or innocence.

According to Article 168, section 1, of the Criminal
Procedure Law, a court has, at maximum, two and one half
months from the date it accepts a case to announce a
judgment in the case. The exceptions to the two-and-one-
half-months requirement set forth in sections 2 and 3 of
Article 168 have no bearing on Dr. Yang's current detention
status. Since there is no legal basis for Dr. Yang's
current detention, he is being held in illegally prolonged
detention.

In accordance with Article 41 of the Constitution, which
provides that citizens of the P.R.C. have the right to make
suggestions and expose violations of the law, we
respectfully request that the Standing Committee exercise
its powers under Article 71 of the Constitution and appoint
a special investigative committee to conduct an independent
and impartial investigation regarding the reasons behind
Dr. Yang's ongoing illegally prolonged detention.

Furthermore, if our interpretation is erroneous, and
Article 168, section 1, of the Criminal Procedure Law
somehow authorizes courts to pronounce a judgment and
detain a defendant for a time period exceeding two and a
half months, we respectfully request the Standing Committee
to exercise its authority under Article 67 (4) of the
Constitution and Article 42 of the Law on Legislation and
provide a legislative interpretation of Article 168,
section 1, of the Criminal Procedure Law, which provides:

"A People's Court shall pronounce judgment on a case of
public prosecution within one month or, one and a half
months at the latest, after accepting it. Under one of the
situations provided in Article 126 of this Law, the period
may be extended by one more month upon approval or decision
by the Higher People's Court of a province, autonomous
region or municipality directly under the Central
Government."

Respectfully submitted,

PRC Citizens:

Other supporters: