[Front-line interview]Who should be held accountable for the first seven people involved in the deadly fire in Xinjiang | Xinjiang, Urumqi fire, closed and prosecuted | Responsible | Compensation

[The Epoch Times, December 01, 2022](Epoch Times reporter Luo Ya and special correspondent Shang Yan interviewed and reported) November 30 was the first seven victims of the fire in Urumqi, Xinjiang. Paper Revolution,” but those responsible for the fire have yet to be held accountable.

On the evening of November 24, a high-rise building in the “Jixiangyuan Community” in Urumqi, Xinjiang, caught fire, but people were unable to escape due to the blockade; due to the need to remove the isolation iron sheet of the community, fire trucks were unable to enter for a long time, and the water jets could not reach the burning floor. The fire eventually caused dozens of casualties and triggered the “blank paper revolution” that swept across China.

Coincidentally, on November 28, a fire broke out in an apartment in a community in Yibin City, Sichuan Province. Fire trucks were also blocked outside the epidemic prevention fence, unable to fight 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 will compensate the victims? Are the containment measures themselves illegal? Many legal issues need to be clarified.

Lawyer: Whoever violates the law and prosecutes will pay compensation

“These people or commanders who personally weld the iron gate, fix the fence, lock the gate, and lock the anti-theft gate are the main body of responsibility,” said Chinese human rights lawyer Lu Tinge. “They are seriously suspected of restricting personal freedom. Then during this process, After such a situation like the Xinjiang fire occurred, they have been involved in (crime), the minimum is the crime of negligent death.”

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 get sick or escape from a disaster.

“From a legal point of view, whoever illegally seals off the residents and causes losses to the residents will be compensated.” Lawyer Cheng Hai said, “For example, if it is caused by the neighborhood committee, then the neighborhood committee will compensate the loss. Of course, the neighborhood committee is generally the executor and cannot decide by itself. The lowest level should be the sub-district office of the government, or the level of the city government or district government, and they should be responsible for compensation.”

Municipal governments and neighborhood committees in many places shirk their responsibilities

At present, the municipal governments and neighborhood committees in many places are shirking responsibility for the closure of each other.

According to reports, Shanghai was locked down for three months this year, but when the lockdown was lifted, the city government claimed that “Shanghai had never announced a lockdown,” saying that the neighborhood committees had imposed the lockdown on their own. When The Epoch Times interviewed a community committee in Puxi, the staff member said: “We must listen to our superiors. Where is our superior? Street. Where is the superior of the street? Inside the district. Where is the superior of the district? 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, delay in firefighting, and delay in escaping.

Lawyer 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 the prosecutors “have no confidence.”

“In a sense, he also admitted that this is illegal, or even illegal, but he did it like this.” Lawyer Lu Tinge said, “In fact, it does not mean that these blockade measures are increased, or that prevention and control measures are not increased. , including nucleic acid testing, which has been fully analyzed by people in the legal profession before, proving 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 such blockade measures are suspected of being illegal.” He said.

Lawyer: Sealing and prosecution should be determined by provincial authorities

Lawyer Cheng Hai said that the sealing and prosecution should be determined by very high-level local and provincial authorities. If it is not a government action, it should be a crime of abusing power or disrupting public order.

“Nowadays, many residents’ committees are responsible for sealing and controlling. This is a ridiculous thing. The residents’ committee itself is also a mass organization, which is elected by the residents of the district. People elected by themselves come to punish their residents. This has become It’s a crime. Without power, isn’t this a crime? Abuse of power?” Lawyer Cheng Hai said.

The lawyers also pointed out that it is also illegal for the CCP’s epidemic prevention and control frontline headquarters at all levels to order the closure.

Lawyer Lu Tinge said: “It can be clearly said that the so-called headquarters is essentially a temporary so-called agency. It does not have the qualifications of an administrative subject in the legal sense. Therefore, the notices and decisions it issues are in a strict sense. In other words, it has no legal force.”

Lawyer Lu said that the administrative departments of the governments above the county level have the power to enforce the law, and the township or sub-district offices have certain management powers in some cases, but they need to be authorized by the governments above the county level. This authorization also has clear restrictions. Sealing restricts personal freedom and property rights, and it 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? Lawyer Cheng Hai introduced two methods.

Lawyer Cheng Hai said: “The first one to report the case to the police, this place is illegally sealed off, we don’t know who did it now, please check it out. He can see who is doing it by checking the surrounding video. Then you can find this department by following the clues. Second, apply to 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 is Let’s investigate and collect evidence.”

Lawyer Lu Tinge said that as a legal person, he feels obliged to provide advice and help to the public from a legal perspective, “There is no question of sensitivity or insensitivity in this matter, only legal and illegal issues. If this is cleared, you are the country The policies and guidelines should also be implemented within the framework and scope of the law.”

“Because the Chinese (CCP) government has always emphasized the comprehensive 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 lawyers with conscience to stand up and provide free legal advice and assistance to citizens and students who are fighting for the unblocking.

Responsible editor: Li Qiong#