Want China Times, Xinhua 2015-01-01
The year 2014 has witnessed legal progress in China, particularly pardons and retrials, proving that the truth will out.
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| Huugjilt's mother holds a picture of him while his father holds the verdict on the retrial, Dec. 31. (Photo/CNS) |
The year 2014 has witnessed legal progress in China, particularly pardons and retrials, proving that the truth will out.
One high
profile case this year was that of Huugjilt from Inner Mongolia, who was found
guilty of raping and murdering a woman in a public toilet in Hohhot on April 9,
1996, and executed two months later. At the time of his death, he was 18 years
old.
It was
announced last week that he had been pardoned. Another man confessed to the
murder in 2005 but the case was not reviewed until this year.
BANNING
TORTURE IN INTERROGATION
"Historically,
illegal methods such as torture and forced testimony were present in almost
every miscarriage of justice," said Zhang Liyong, president of the Higher
People's Court of central China's Henan province.
China's
Supreme People's Court (SPC) issued new directives last month, ruling that any
evidence obtained through torture or intimidation would be nullified in
criminal prosecution cases, and death penalty cases under appeal.
"Evidence
must be valued. The traditional belief that a testimony is the most paramount
[piece of evidence] should be changed, and more attention should be paid to
examining and using material evidence," the document said.
Zhang said
the new rules represent major progress in the protection of the legal rights of
defendants.
Lawyer with
the Beijing Yanyuan law firm Liu Hui said although China's judicial environment
was improving, not everyone responsible had been brought to justice. Only a
handful of case corrections had been carried out, and many were the result of
media, public and legal team pressure.
While
Huugjilt's name was cleared, many say the battle is far from won.
On Dec. 15,
the day when the Mongolian teenager's innocence was announced, a taskforce was
formed by the regional Higher People's Court to investigate those responsible
for this miscarriage of justice.
Two days
later, the deputy director of the public security bureau of Hohhot, Feng
Zhiming, was detained. Feng was not only in charge of the case but also awarded
— and later promoted — for the speedy handling of Huugjilt's case.
Director of
the criminal law committee of the All China Lawyers' Association, Tian
Wenchang, lauded the speed at which action was taken following Huugjilt's
pardon.
"It
shows that China is determined to correct its judicial mistakes," he said,
adding that he hoped investigations became transparent, so the public could
play a part in monitoring the country's legal processes.
IRRETRIEVABLE
LOSSES
Huugjilt's
case resonated with a lot of people, at home and abroad, with many extending
sympathy.
"He
was finally found innocent, but we only have one life, and he cannot be brought
back," an internet user nicknamed Laozhangdashu lamented.
Even those
who escaped the death sentence have had their lives ruined by miscarriages of
justice.
Despite
being pardoned, at 62, Zhao Zuohai lives like a vagrant.
Zhao served
11 years behind bars after he was tortured into confessing to murdering a man
who was later found alive. He was acquitted in 2010 and received 650,000 yuan
(about US$104,640) in compensation from the state.
Huugjilt's
case brought Zhao once again under the spotlight.
Zhao has
been mocked even by his own family and relatives for not knowing what to do
with his compensation. He and his wife live a transient life, wandering from
place to place hawking products to eke out a living.
"An
old man of my age cannot compete with young people for jobs. Life is too hard.
I cannot think about the future, I only live one day at a time," he
explained.
After Zhao
was pardoned, three judges involved in Zhao's trial were suspended. Five
policemen convicted of torturing Zhao during his interrogation received prison
terms ranging from 18 months to two years.
"I am
illiterate. I don't read the news. But I always believe the judicial system's
work is to bring the bad guys to justice, not to abuse innocent people like
me," he said.
Zhao said
he cannot find it in his heart to forgive those to blame for his illegal
incarceration: "Nothing could make up for what I lost."
NO MORE
ERRONEOUS JUDGMENT VICTIMS
Ning
Jingjing with the people's procuratorate of a district in Hohhot, capital of
Inner Mongolia, said Huugjilt's case had shaken up the procuratorate.
"We
were told to pay attention to trial procedures at a special meeting convened
following Huugjilt's pardon this month," she said. "For instance,
keeping audio records and putting time limits on interrogations must now be
strictly enforced."
A 2013
regulation stipulates that judges, prosecutors and police had "lifelong
responsibility" for their cases.
"This
is a warning that hangs over us whenever we are handling a case," said
Ning.
However,
many say judicial loopholes remain.
"Even
now, some police officers still believe that testimonies, however achieved,
even through torture, are mostly true," said Tian Wenchang.
Peng
Shengli from the public security department of Inner Mongolia told Xinhua that
those handling a case had to "follow superiors' instructions, even if they
personally did not agree with the decisions."
"It
will take time for China to shake off the 'rule of man' mentality," he
said.
Tian
remains optimistic. The Fourth Plenary Session of the 18th Communist Party of
China Central Committee this October made rule of law its central theme for the
first time in the Party's history.
In Hohhot,
Huugjilt's brother told reporters that he hoped his brother's case would
"make judges, prosecutors and police officers more cautious. No more
erroneous judgments in the future."
After
hearing about her son's pardon, Huugjilt's mother Shang Aiyun made a phone call
to Zhang Huanzhi, whose son Nie Shubin was executed in 1995 at the age of 21
for rape and murder. Another man has since admitted to the crime.
"Hold
on," Shang said. "You will see the day when the wrongs are
corrected."
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