US expresses "great regret" over beating of Chinese citizen

People Daily ^ | July 30, 2004

[Dr. Marten]

US expresses "great regret" over beating of Chinese citizen

      

US State Department on Thursday expressed regret over the beating of Chinese businesswoman Zhao Yan by officers of the US Customs and Border Protection.

"We regret the apparent mistreatment of a Chinese national by a US customs officer in the Niagara Falls. We have communicated to the Chinese Government that the US customs officer was arrested by the Customs and Border Patrol Police and his case referred for criminal prosecution," the State Department said in a statement.

"Secretary (Colin) Powell has been very clear that America is an open society. We welcome visitors from around the world, and our goal is to ensure that they have a safe and enjoyable stay in the United States. The United States will continue to work to ensure that incidents such as this one do not occur again," the statement said.

US Homeland Security Secretary Tom Ridge has expressed "great regret" over the beating of Chinese businesswoman Zhao Yan by officers of the US Customs and Border Protection last week, officials of the Chinese embassy said on Thursday, July 29.

In a telephone call to Lan Lijun, charge d'affaires of the Chinese embassy, Ridge described the beating of the Chinese businesswoman as "a horrible incident" which was "totally unacceptable" and expressed "great regret" to the Chinese government and people.

Ridge said that Robert Rhodes, the first officer of the US Customs and Border Protection to attack Zhao Yan, had been charged with felony assault, Chinese embassy officials said.

Ridge said he had asked the US Customs and Border Protection officers to take measures to prevent such incidents from happening again, Chinese embassy officials said.

Zhao Yan, a businesswoman from China's northern coastal city of Tianjin, was on her first US business trip when she was attacked at the Niagara Falls near the US-Canadian border on July 21 by Rhodes and other officers of the US Customs and Border Protection.

Zhao Yan said on Wednesday that six days after she was brutally attacked, she was still suffering from a bad headache, swollen eyes and mental trauma. She also had a broken tooth and severe back pains which forced her to ride a wheelchair.

Because of the sharp physical pain and mental trauma caused by the beating, she could "barely sleep two to three hours a day."

Chinese Foreign Minister Li Zhaoxing, during a telephone conversation with US Secretary of State Colin Powell on Monday, urged the US government to carry out a thorough investigation intothe attack and bring those responsible for the incident to justice.

In a letter to Li Zhaoxing on Thursday, Powell promised that the US government would thoroughly investigate the beating case.

 

[kenth]

In an affidavit filed in U.S. District Court, Customs officials stated that they saw Rhodes throw Zhao into a wall, grab her by the hair, knee her in the head and strike her head on the ground during the incident.

These were evidently his co-workers' statements in the affidavit. True the wheelchair might be a bit of American lawyer melodrama, but his own fellow employees stated what sounds to be excessive.

[skeeter]

These were evidently his co-workers' statements in the affidavit. True the wheelchair might be a bit of American lawyer melodrama, but his own fellow employees stated what sounds to be excessive.

If the agent was in the wrong, he should be punished.

Its the feigned expressions of outrage & wounded national pride coming from the PRC & its admirers that are irritating, thats all. If they're that offended they can pull their businesses out of the US.

[kenth]

Its the feigned expressions of outrage & wounded national pride coming from the PRC & its admirers that are irritating, thats all.

Yeah, I agree. As if China actually cares about the personal well-being of this woman. They see her as a lever in the ongoing attempt to best the U.S.

[HuntsvilleTxVeteran]

I think our tax dollars would be better spent on
terror than giving a red Chinese a law lottery
win.

[NonValueAdded]

Let's also consider this from the source at reply #14:

"What they didn't say is what they didn't see," Cohen said. "They didn't see her fighting with Officer Rhodes, when she was kicking and scratching him."

The incident started when a pedestrian had cleared Customs, only to have an officer discover several pounds of marijuana on him.

Rhodes, as an experienced Customs officer, knows that people involved with drugs often send a "mule" over the bridge and meet that person later, or accompany the "mule." Cohen said Rhodes saw three women standing nearby and gestured to them to come over. Two of the women ran, but Zhao froze and then started to run, Rhodes told his attorney.

"Officer Rhodes tried to detain her, at which point she began kicking and scratching him," Cohen said. "After getting kicked and scratched a few more times, he did what his protocol requires. He didn't pull out his firearm. He pulled out his pepper spray."

Cohen pointed out that his client also has bruises, on his arms and legs.

Over-reaction? Sounds possible but it wasn't completely unprovoked it appears.

[monday]

She was attacked by the customs agent and was trying to defend herself. Everyone is entitled to defend themselves. Just because the customs agent was law enforcement does not give him the right to beat up anyone he wants. Bottom line, he screwed up. Hope he gets prison.

Incidentally if it were your mother or sister or daughter I would hope you would be a little more sympathetic toward this lady, who was obviously scared, and probably thought she was fighting for her life. Consider your reaction if you were attacked by an police official while visiting China.

[monday]

"I haven't heard a thing about this incident, and find it hard to believe a customs agent would jump a chinese woman for no reason."

He thought she had drugs. He was wrong. Personally I think we should just handcuff the guy, give the lady some pepper spray and let her go at him. She could give him the same treatment he gave her.

[skeeter]

She could give him the same treatment he gave her.

Will we can dream, can't we.

[inquest]

He thought she had drugs. He was wrong.

To put it more precisely, he had probable cause to believe that she had drugs, assuming the facts reported are correct. And he didn't just "attack" her for that reason. He ordered her into the inspection station, and she refused to comply. So he went and got her. So far, these are all legitimate parts of the procedure. If you have a problem with that, then you have a problem with whoever drew up the procedures, not the agent himself.

As for what happened beyond that, it gets fuzzy, but what seems clear is that she started fighting him when he tried to detain her. Maybe he overreacted at that point, but realistically, what was he supposed to do? Just let her go? That would have been a dereliction of duty.

[monday]

" If you have a problem with that, then you have a problem with whoever drew up the procedures, not the agent himself."

You are right. Who ever drew up the procedures should be joining him in prison.

[inquest]

So what exactly are you getting at? That border agents shouldn't be allowed to enforce the laws? What should he have done when she refused to come into the station?

[tlrugit]

For several years now it has been apparent that the PRC is using and/or incidents to use as anti-American propaganda and foster continuing anti-American sentiment among it's people.

[aShepard]

So,I understand that a customs officer who has attempted to detain a suspect, who he thought was an drug-running accomplice; who then fights back, but was later found innocent.

The officer has to hire a lawyer, and lose his job of 17 years for confronting a suspect.

We have now taught all his ex-co-workers to not confront a suspect, as you may cause an international incident. Our borders are once again wide open to all comers.

Better yet, be seven feet tall and wear a burqua to ensure you won't get stopped!

[SirAllen]

She is suing for 5 million dollars and I hope she gets every penny.

You're kidding right? They could beat me all they want for 5 million dollars, that's crazy.

[skeeter]

For several years now it has been apparent that the PRC is using and/or incidents to use as anti-American propaganda and foster continuing anti-American sentiment among it's people.

A thoughtful person would consider this an ominous sign.

[datakcy]

We live in a post-9/11 world. If a customs agent orders someone to stop and they don't - and in fact begin running the other way...

Doesn't that send alarm bells off in anyone's head? Wake up people!!! When he tried to stop her she went berserk, fighting, scratching, and kicking.

How in the world was he to know AT THAT MOMENT that gee, she is a Chinese national (and even if they knew - should it make a difference - I don't think so)? If the situation were reversed and I was at the Chinese border and ordered to stop - I think I would have been shot and the only "lawsuit" would have been the Chinese complaining that their "law" was violated while they packed me away in a body-bag "suit" (if I was lucky) back to the USA.

Not that I necessarily believe this was the case but doesn't anyone THINK that our borders are being tested constantly by NOT only TERRORISTS, but DRUG couriers, ILLEGAL immigrants, COMMUNISTS (since when did China reject the world communist order?), and the like.

Apologies? When they apologize for the atrocities their filthy fake regime has committed over the last 50+ years INTENTIONALLY, then we'll send them a nice letter explaining what the word "STOP!" means in Chinese.

[monday]

"What should he have done when she refused to come into the station?"

He was a customs agent. Customs agents are there to make sure nothing illegal gets into the US.

So when she refused to come into the station he should have refused her entry to the US. He most certainly shouldn't have beat her up.

[nmh]

Not all the story is there.

Our customs people don't normally BEAT someone. Something happened to provoke this.

[inquest]

I'm sorry, there's just way too much logic in your post. This may have to trigger an investigation ;-)

[inquest]

So they shouldn't be allowed to arrest someone who attempts to smuggle in illegal items, just (attempt to) prevent them from entering? Are we to assume that no one could possibly get past customs anyway, so there's no need for deterrence? Apparently the man they found with marijuana didn't think it was impossible, and I'm sure he's had experience at this.