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Punishment needed in false convictions
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SOME judicial officials in Zhejiang Province are being investigated for the wrongful conviction of two innocent men.
Despite the lack of evidence, Zhang Hui and his uncle, Zhang Gaoping, both residents of Anhui Province, were sentenced to death and life in prison, respectively, in 2004 on charges of raping and murdering a 17-year-old girl.
Their sentences were later commuted to death with a two-year reprieve for Zhang Hui and a 15-year term for Zhang Gaoping during a second trial, before the two were acquitted in March last year after a retrial found insufficient evidence to support their convictions.
An official with Zhejiang’s legal authority said recently that an investigation was under way against police officers, prosecutors and judges who played roles in the case.
Action corrects wrongs
I’d give Zhejiang’s decision a thumbs up because it took action to right the wrongs. The Zhangs received a combined 2.1 million yuan (US$337,669) as state compensation. However, I wonder who will cover the 2.1 million yuan — taxpayers or the officials, who arrested the Zhangs, interrogated them, prosecuted them and imposed the sentences?
The Law of the People’s Republic of China on State Compensation Article 14 reads: “The organ liable for compensation shall, after making the compensation, charge its functionaries, entrusted organizations or individuals who have been intentional or grossly negligent in the matter, to bear part or the whole of the compensatory expenses.”
It’s unclear whether the officials liable for the wrongful convictions will bear part or the whole of expenses but taxpayers have no reason to pay even a penny.
I’m also concerned about other wrongful convictions that didn’t attract such extensive attention as the Zhejiang case. Were officials liable for those cases held accountable?
Previous heinous case
A recent report said a man in Henan Province was released on bail in February after spending 10 years in detention in Shangqiu City. Yang Botao was held on suspicion of raping, murdering and dismembering Li Yueying in late 2001. He was linked to the case because the dead woman had once stayed at his apartment.
While in custody Yang was sentenced to death three times, but each time the ruling was overturned. To this day, local police have no idea where and when the woman was killed. Yang said he was fed urine and excrement during interrogation. No officials have yet been reported to take any blame.
Last month, China’s top procurator, Cao Jianming, admitted that legitimate rights of people involved in litigation had not been sufficiently protected.
Cao has pledged to work harder to prevent wrongful and unjust judicial decisions. Let’s wait and see.
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