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The author:(作者)delvpublished in(发表于) 2014/1/20 9:12:59 After the sudden death of a prisoner in Henan province were forcibly cremated， the family called for an investigation into rejections
Almost 7 months after the funeral home mortuary yesterday afternoon, Li Junliang Yudong prison personnel in Henan province's remains were cremated by force. Earlier, Lee's family suspects that his death asked procuratorial organs file, and viewing surveillance tapes, was rejected.
Zhengzhou attorney Chang Boyang, said the Prisons Act were no clear rules on how to deal with prisoners ' remains, but it cannot be crossed the civil law spirit, all be right to dispose of the remains of the prisoners ' families. Li Junliang family sector complaints to their superiors, or access to the courts.
Funeral home workers: the family does not have a separate visitation
Born in 1970, Li Junliang, Yucheng County in Henan province, and in July 1998 for the crime of robbery, abduction of women, rape and theft combined punishment, Shangqiu city intermediate people's Court sentenced several times for clemency after approved, if not in sudden death in Henan province prison serving sentences in June 22, 2013, he will be released after more than 20 days.
Has now released a Lei Cao and Li Junliang of the same wards. According to Lei Cao said, around 9 o'clock that evening, Li Junliang collapsed, "I'll see him pretty much on the spot." Lee was rushed to a prison inside the hospital.
After about half an hour, Li Junliang's family got a call from prison, were told their fell ill seriously, 120 are rescues. "For more than an hour later, prison and came calling, said patients whom my brother. "Li Junliang sister Li wenjuan says, and told family members don't have to overnight visits.
Yudong prison proof issued by the funeral homes in Shangqiu city, night, Li Junliang's body has been pulled into the funeral home. Funeral home staff told the South reporter, Yudong prison, the Museum is generally responsible for cremation of the remains of the deceased without the prison allows, family members of the deceased does not have a separate access remains more right away.
Prosecution: does not meet the condition for filing a case
But the staff did not explain the legal basis for this practice. Li wenjuan says, the family had ever seen by the prison authorities monitoring a Li Junliang's remains, "the prison does not allow us to take pictures video, warning that our families if you don't obey, they sent armed police to deal with our".
Description from Li wenjuan, Li Junliang blue, the coffin is no exception, there was a scrape on his forehead, when prison authorities explained were hurt. "Heart attack rescuing usually by electrocution, but no trace of shock, my brother in the chest. "Li wenjuan says.
Li Junliang's death, family members of prison authorities intervene, ask to see Li Junliang before and after 5 hours of surveillance footage at the scene of the incident, a week before his death and live footage, as well as Li Junliang, within the prison's medical reports and hospital records.
After these requirements are rejected, Li Junliang families and public prosecution service charged to the Procuratorate in Shangqiu city institutions requiring Office on this matter, and hold authorities accountable. On December 30, 2013, the Shangqiu Procuratorate supervision by the prosecution service replies stated that the investigation, Li Junliang died of disease while serving his sentence, Yudong prison-related regulators in this matter, "no serious violations, does not meet the condition for filing a case."
So far, only been verbal Li Junliang "sudden cardiac death" did not receive any instruments related to the cause of death.
Roommates: the deceased lived in the prison hospital
"Prosecutors don't care, we'll find out for myself. "Li wenjuan says, the family contacted Li Junliang around before and after jail sentence and was informed that Li Junliang had a heart attack in hospital and Yudong prison officers working more than 10 hours a day and overtime issues.
At least 4 persons released from serving their sentences to prove to the South reporter Li wenjuan says. Wards with Li Junliang Lei Cao said that last year, Spring Festival, Li Junliang once lived in a prison hospital because of heart problems respectively, hospitalized for the second time, he was also involved in care.
Li Junliang hospital involved in the care of Zhu Liufu said for the first time in January last year, Li Junliang sustained hospitalization due to sinus rhythm, rhythm and when he only more than 30 times in a minute, spent four or five days to ease hospital and later discharged. "This patient should go into old people according to regulations, but prison did not let him rest. ”
And Li Junliang same Jian said Wang Lixin, who assist the guards to take care of the inmates of the prison area, "General prisoners sick, not emergency, will not leave, generally does not. "Li Junliang first hospital, escorted by Wang Lixin.
In negotiations with Yudong prison, prison authorities said Li Junliang had in the first place due to high blood pressure, heart disease, hospitalization, both guards testified Li Yabin, but later denied that Li Junliang were hospitalized.
"If my brother lived in homes, prisons and made heavy work, there must be professional misconduct if my brother's annual physical examination is normal, then why is he death? "Li wenjuan questioned said.
Shangqiu Procuratorate Jian Xia Wenxiang, Director of public prosecutions told the South reporter, according to his investigation, Li Junliang once lived, but not heart disease; summer's subordinates, stationed in the Shangqiu Procuratorate of Henan province prison Bao Changwei, Deputy Director of public prosecutions has denied the claims, said Li Junliang home while serving his sentence has never known. Yudong prison warden and Chief declined to be interviewed.
Yesterday morning, Li Junliang families split up and went to seek explanation of Yudong prison and funeral home. This afternoon, Li wenjuan notified, says brother whose remains have been cremated.
South reporter Sun Xuyang Southern Metropolis daily
(Original title: one prisoner death prison in Henan province were forcibly cremated)
在殡仪馆停尸近7个月之后，昨日下午，河南省豫东监狱服刑人员李俊良的遗体被强行火化。此前，李的家属因怀疑其死因，要求检察机关立案，并调阅监控录像，遭到拒绝。
郑州律师常伯阳表示，《监狱法》对如何处置服刑人员遗体并无明确规定，但其不能逾越民法的相关精神，所以服刑人员的遗体处置权应该归家属所有。李俊良的家属可向上级部门控诉，也可向法院提起诉讼。
殡仪馆人员：家属无权单独探视
李俊良出生于1970年，河南省虞城县人，1998年7月因抢劫罪、拐卖妇女罪、强奸罪和盗窃罪数罪并罚，被商丘市中级法院判处无期徒刑，后数次申请减刑获批，如果不是在2013年6月22日猝死于服刑的豫东监狱，他将于20多天后被释放。
现已刑满释放的曹磊当时与李俊良同一监舍。据曹磊称，当晚9时左右，李俊良突然晕倒，“当场我就看他不行了”。李随即被送往监狱内的小医院接受抢救。
约半个小时后，李俊良的家属接到了狱方电话，被告知其犯病严重，120正在抢救。“又过了一个多小时，监狱又打来电话，说我哥抢救无效。”李俊良妹妹李文娟说，对方并告知家属不必连夜去探望。
豫东监狱给商丘市殡仪馆出具的证明显示，事发当晚，李俊良的遗体就被拉进殡仪馆。殡仪馆工作人员告诉南都记者，豫东监狱的死者遗体一般都由该馆负责火化，未经监狱允许，死者家属无权单独探视遗体，更无权带走。
检方：不符合立案条件
但该工作人员并未解释这种做法的法律依据。李文娟说，家属曾经在狱方的监视下看过一次李俊良的遗体，“监狱不允许我们拍照录像，警告说我们家属要是敢不听话，就派武警处理我们”。
距李文娟描述，李俊良脸色发青，遗体基本无异常，额头上有一处擦痕，狱方解释是发病时摔伤所致。“心脏病人抢救一般都会用电击，但我哥哥胸口没有电击的痕迹。”李文娟说。
李俊良死后，家属向狱方交涉，要求查看李俊良事发前后5个多小时的现场监控录像，死前一周的工作和生活的监控录像，以及李俊良在监狱内的体检报告和住院记录。
上述要求都遭到拒绝后，李俊良家属又向商丘市检察院监所检察处控告，要求对此事立案，追究狱方的责任。2013年12月30日，商丘市检察院监所检察处回复称，经查，李俊良在服刑期间因病死亡，豫东监狱有关监管人员在此事中“无严重违法行为，不符合立案条件”。
至今，家属只被口头传达李俊良为“心源性猝死”，没接到任何有关死因的文书。
舍友：死者曾在监狱医院住过院
“检察院不管，我们就自己查。”李文娟说，家属四处联络在李俊良事发前后出狱的服刑人员，得知李俊良曾因心脏病住院，而且豫东监狱服刑人员每天的工作时间超过10小时，存在超时劳动的问题。
至少4名刑满释放人员向南都记者证明了李文娟所说。与李俊良同监舍的曹磊说，去年春节前后，李俊良因为心脏问题分别在监狱医院住过一次院，第二次住院他还参与照料。
在李俊良第一次住院时参与照料的朱留福说，去年1月，李俊良因窦性心律过缓住院，当时他心律一分钟只有30多次，住了四五天医院得以缓解后出院。“这种病人按规定应该进入老残队，不过监狱没有让他歇。”
曾与李俊良同一分监区的王立新称，他曾协助狱警照看该分监区的服刑人员，“一般犯人有病，不是特别紧急的，都不会请假，一般也不会批。”李俊良第一次住院，就由王立新护送。
在与豫东监狱的交涉中，狱方一开始表示李俊良曾因高血压、心脏病住院治疗，并举狱警李亚彬作证，但后来又否认李俊良曾住院。
“如果我哥哥住过院，监狱还让干重活，肯定存在渎职；如果我哥哥每年体检都正常，那他为啥会猝死？”李文娟质疑说。
商丘市检察院监所检察处处长夏文祥告诉南都记者，根据他的调查，李俊良确曾住过院，但并非心脏病；夏的下属、商丘市检察院驻豫东监狱检察室副主任鲍长伟则否认夏的说法，称李俊良在服刑期间从未住过院。豫东监狱监狱长和办公室主任等则拒绝接受采访。
昨日上午，李俊良的家属分头前往豫东监狱和殡仪馆讨说法。下午，李文娟接到通知，称哥哥遗体已经火化。
南都记者 孙旭阳 南方都市报
(原标题：河南一犯人猝死监狱被强行火化)
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