Zhao Lian-Hai (parent of one of the Melamine Babies)’s testimony and not-guilty plea

3 April 2010

English translation, first installment

http://plastichk.blogspot.com/2010/03/blog-post_31.html /
google translation

The full text of the testimony and not-guilty plea of Zhao Lian-Hai

In response to the charge of causing troubles (尋釁滋事罪) in indictment #[2010]0043 (“京大檢 刑訴[2010]0043號 起訴書”) by Beijing Municipal Da-Xing People’s Procuratorate (北大市大興區人民檢察院), I hereby provide some necessary explanations and defence.

First of all, I disagree with the charge of “using the hotspot events (熱點問題) in the society, inciting and illegal gathering others to shout slogans and to cause troubles” in the indictment. In the following I shall provide a brief account concerning the charge.

There are two principal “social hotspot events” (社會熱點問題) in the indictment. The first one is the Melamine Milk Products Scandal (commonly called “Melamine Poisoned Milk Powder Incident”) exposed on 11th Septemper, 2008, which has deep relevance to me, for my child is one of the victims of Melamine milk products, and I am one of the leaders of the rights movement (維權) in this incident. The second “event” happened on 4th August, 2009, when Li Rui-Rui(李蕊蕊), the young woman from An-Hui who came to Beijing to petition(上訪), was intercepted, illegally detained, and raped by out-of-province government personels (外地政府駐京辦截訪人員). On that day I accompanied Li Rui-Rui and witnesses to report the case to Beijing Municipal Public Security Bureau.

First, concerning the Melamine Poisoned Milk Powder Incident rights movement: The indictment charge me for “from September 2008 to September 2009, utilising the hotspot problems in the society(社會熱點問題), incited and gathered many people in turns in Shi-Jia-Zhuang, He-Bei and in Da-Xing and Feng-Tai districts in Beijing Municipal, to caused riots and troubles by shouting slogans and illegal gathering, seriously disturbing the social order in the aforesaid districts.” Concerning these charges I would like to present opposite opinions. First let’s briefly note that the “social hotspot problem” in the indictment is exactly the world-shocking Melamine-Poisoned Milk Product Scandal which caused many many victims and their families extreme pain. My little child is one of these “Kidney Stony Baby” poisoned by melamine. My child was breast-fed from small, but switched to various milk products since age 1, and has consumed vast quantites of milk products, across the spectrum, contaminated with melamine for two years until he was diagnosed with kidney stones. Afte the diagnosis, we as parents have been in extreme pain and worry, considering the quantity and length of time the child had consumed the milk products. I believe anyone with any heart would understand.

Since the tragedy happened to our still-young children, we the parents of victims would naturally wish to seek to protect their Rights and advocate for their life-long health-care. Thus many families of the victims have come together spontaneously to form a rights movement. Surprisinglly, though our children have been cruelly harmed, our rights movements have been met with hardships, pressures and hindrances, which caused many fresh injuries and pains in us. Yet our rights movement have maintained our reasonable course. Since the tragedy happened to our still-young children, we the parents of victims would naturally wish to seek to protect their Rights and advocate for their life-long health-care. Thus many families of the victims have come together spontaneously to form a rights movement. Surprisingly, though our children have been cruelly harmed, our rights movements have been met with hardships, pressures and hindrances, which caused many fresh injuries and pains in us. Yet our rights movement have maintained our reasonable course. I myself, as leader of the Kidney Stony Baby Rights Movement, have actively and repeatedly sought communication and feedback from the relevant bureaus. Yet our many positive and reasonable suggestions sunk like a rock into the ocean and were met with no response. Even so, our many parents are still keeping their pains and grievances to themselves, and are urging the relevant authorities to communicate with us, hoping they can directly face the voice of our community of victims. The many families of ours have comforted and supported each other, and also tried hard to advise those family who suffered more than others from anger and other irrational thoughts which might create even more tragedies. Our rational and positive attitude have given comfort to families facing deaths, surgeries or other serious conditions and prevented many dangerous incidences. Due to all of the above, the positive influence of our Rights Movements are should be acknowledged.


We have tried to communicate with China Dairy Industry Association and other departments but they have merilessly refused. Our hearts are filled with pain and helplessness. We expected the relevant governement departments would, respecting our being the families of the victims, be fairer, more reasonable and more just, and be able to negotiate solutions to the problems emerged with the families, placing the victims’ health in the highest priority. What happened then was, for a general idea, there were a lot of children who needed hospitalisation or even surgery who were refused free medical care, seriouely delaying their treatments and threatening their lives and their health. There were also cases in which the children were omitted from the list of the Nationally Recognised List of Kidney Stone Babies, placing all the financial burdens on the victims’ families. Many such families are already heavily in debt, and yet they are still facing the mounting cost of continued care for their children. Many early- or late-stage cases were not covered. And the most puzzling thing is that, those deaths of Kidney Stone Babies, after the Melamine Scandal has been exposed, were not recognised to be Melamine-related, and all requests for autopsy by the victims’ parents who had doubts about the actual causes of deaths were refused. For example, little girl Ma Xue-Fei (馬雪菲) of Ma-Cheng, Hu-Bei Province (湖北麻城), who died on 4th December, 2008, (she was 1 year old when she died, and her information is in my computer impounded by the police) had already been recognised as a Melamine-poisoned Kidney Stone Baby before her death, but the bureau in charge denied any melamine relevance after her death. Before her death, Ma Xue-Fei had already had [urinary catheter(?) and stone removal(?) operations (置管、排尿排石手術)] due to her failure of urination, and there had been domestic press coverage on her during her hospitalisation. After Ma Xue-Fei’s death, many of our families and professionals suspected that there were melamine granules inside the catheter (腎小管), causing serious damage to her kidneys or other vital organs. We considered autopsy the only means to acertain the true cause of death, but the authority in charge denied our request after they denied any relation to melamine. Hou Hai-Qi(候海淇), who died later on 6th January, 2009, received the same treatment. His/her parents kept the child’s body frozen in the mortuary for days, asking for autopsy from many relevant departments, but all their requests had been rejected.

The significance of careful autopsies/medical examinations of Ma Xue-Fei and other new deaths is not just for a more exact determination of the causes deaths which are relevant to the compensations to the victims’ family, but, more importantly, through rigorous medical examination, pathological studies, biopsies of the kidneys, livers, cardiovascular and other vital organs, etc., and other professional pathological studies, we can gain an in-depth understanding of how Melamine damage the kidneys and other vital organs of the children, and what are the long-term harms, and so on. Such studies are important and necessary, and will be invaluable to the long term continued care of the 300,000 Kidney-Stone Babies in the Official List. However, such precious chances of experimental studies have been delayed and rejected even after the active demands of the families. That is incomprehensible to us and it hurts our hearts. Having seen the autopsy pictures of the rocoons (貉子) which died from eating melamine-poisoned feeds in 2008 in the North East Provinces, in which the seriously damaged kidneys were shown (There are such pictures in my computer which has been impounded), we want to understand more how Melamine milk products have harmed the kindeys and other vital organs to our children.

1月2日 的這個事情本可以進行的非常順利,但我在1月1日晚即被警方在豐台區強制控制,與我同時被控制的還有其他4個家長代表(他們都是孩子受傷害很嚴重且都動過手術患兒的家長)。我們在1月1日晚被警方強制關押在大興區團河農場會議中心內,在我們提出意見後,警方告訴我們第二天上午將有領導與我們談話溝通,並承諾我們第 二天上午11點前無論談話是什麼結果都肯定會釋放我們。
綜上簡述,我完全不認同起訴書對我 的指控內容,我不認同指控我煽動糾集多人在北京豐台區、大興區的犯罪指控,我也不認同我們是非法聚會,更不存在呼喊口號、起哄鬧事的情況。上面是2009年1月2日在北京豐台區及大興區的大致情況。
其他一年期間內的多次致衛生部信訪辦,國 家質檢總局信訪辦,國家信訪局中國消費者協會,中國乳製品工業協會,最高人民法院等部門上訪反映問題的地點都不屬於起訴書所說的豐台區、大興區、也不存在 任何起訴書指控的內容,故不必敍述。
先說第一次1月16日去石家莊,1月16日前2天, 在網路上有傳言說16日上午在石家莊中級人民法院將開庭審理宣判田文華,我們一些家長在得知這個消息後商議我們作為受害孩子家長應該到現場去關注庭審結果並接觸到現場的媒體反映我們的問題,期望引起重視。但16日早上我與另外兩個家長到達石家莊中法後才得知那是一個假消息,當天去了,三五家媒體與我們簡短談了一會兒就各自回家了,這是1月16日的情況,不存在任何起訴書內指控的情況。
當天,我們在那裏是非常理智的,沒有起訴 書指控的任何行為發生,並且也一切聽從了現場警方的指揮與協調,讓我們在哪待著,我們就在哪待著,更沒有所謂呼喊口號,起哄鬧事等行為發生。並且在審判田 文華結束後也各自儘快的離開了石家莊。
當天現場情況也有眾多媒體記者可以作證。 如法庭不認同我的辯解,我請求法庭允許當天在現場的眾多記者到庭為我作證。
以上是四次去石家莊的大致情況,綜上所 述,我不認為我這4次在石家 莊的行為構成犯罪,並且我還要重點強調,我的每次出行都有警方人員在現場或隨從,也沒有任何警方人員提示說我們的行為構成犯罪,故此,我更認為我上述事情 都沒有構成犯罪。
自2008年9月11日三聚氰胺事件發生以來,我作為維權帶頭人被警方多次談話,但從未提及我曾 經的事情構成犯罪,另在2009年7月後因準備進行結石寶寶周年紀念,與警方再多次頻繁解除溝通,在7月至9月11日結石寶寶周年長達兩個月與警方多次接觸的時間裏,也多次談及曾經的這些事情也從未指出我這些事情構成犯罪,並一再好意的勸告我千萬別有什麼衝動的事情發生構成犯罪。這些情況也證實我曾經的這些事情並沒有被警方認為是犯罪,我也沒有因這些事情收到過警告或提示說我構成犯罪,讓我不能理解並痛心的是事後竟指控我那些在警方嚴密監控下的事情構成犯罪。
我們身為孩子的家長最關心孩子們生命健康 及一生有效地保障,我們的維權也一直是合理合法且理性文明的,我們也從沒有指控的所謂“非法聚集,呼喊口號,起哄鬧事”等這些無中生有的事情。
對於本指控我完全不認同,我們在當天不僅沒有任何過激的行為發生,並且在警方強行抓人導致嚇跑一些訪民的情況下,將一切害怕且跑開的當事人及證人勸說留了下來,我不僅不認為我當天的行為構成犯罪,反倒更認為當天在我的堅持及推動下能得以最終報案、立案成功,得以最終有效地打擊了罪犯,在我及多名訪民證人被東交民巷派出所強行扣留關押一天后,8 月5日中午警方多名領導找我談話說馬上釋放我們,但要求我 們走後不要再對記者多提這個事情了,然後就讓我們就離開了。
我在8月4日當天的所作所為,可由多位當天現場的當事人作證,如法庭不認同我的辯解,我 將請求相關證人出庭為我作證。
以上是我就起訴書指控的內容做的必要說 明。
我因為維權及協助別人報案被冠以莫須有的 罪名而失去自由,在此我期忘這樣的傷害與委屈儘快結束,並期望是非被顛倒的事情不要再發生。
在此,我要說:如果維權有罪,那勢必會助 長利慾薰心的奸商繼續喪盡天良、肆無忌憚的將自己的利益建立在殘害他人的基礎上,我們本已日漸淪喪的社會將會變成何等扭曲的樣子。
今天的我,由於錯誤的指控被強行關押失去了自由,我所能期待的也只有祈盼法律應有的公平公正來為我主 持正義還我于清白。在此也真誠期望我們的政府相關部門能正視已犯下的錯誤,不要一錯再錯。
我堅信,正義與真理的光芒必將照耀我們這 個國度的每個角落,而我所能做的也只能是倔強的堅持,不為別的,僅僅為了我自己良心與靈魂的安穩,以及為了我們的後代們能生活在一個具有優良品質的社會 裏,更為了我們這個民族,我們這個國度能以健康的體魄繼續存在於世界。
最後,我要再重申,我沒有進行起訴 書內指控的犯罪行為,我堅信我所做的一切都是身為一名公民應擔當的一份責任,我堅信自己所做的事情都是文明且沒有錯誤的,我也祈盼自己的努力能讓社會有所 進步。

In order to keep righteousness and conscience in our lives and our souls, we can only maintain the faith and standard of the just, or else the righteous mind shall be shaken and our future generations wrongly influenced and making us sinners.

All in all, I believe I am innocent!
Defendent: Zhao Lian-Hai (辯護陳述人:趙連海)
March, 2010.


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: