Kin ap­ply for pay over wrong­ful ex­e­cu­tion

Par­ents also de­mand author­ity’s apol­ogy to re­cover son’s rep­u­ta­tion

China Daily (Hong Kong) - - CHINA - By CAO YIN caoyin@chi­

Par­ents of Nie Shu­bin, who was ex­e­cuted for rape and mur­der 21 years ago and par­doned ear­lier this month, ap­plied to a court in He­bei prov­ince for State com­pen­sa­tion of more than 13.9 mil­lion yuan ($2 mil­lion) on Wed­nes­day, lawyers of the family an­nounced.

At about 1:30 pm, Zhang Huanzhi, Nie’s mother, ac­com­pa­nied by her lawyers, handed over the ap­pli­ca­tion at the He­bei Provin­cial High Peo­ple’s Court.

The to­tal amount of com- pen­sa­tion ap­plied for is 13.91 mil­lion yuan, of which 12 mil­lion yuan is for men­tal dam­ages Nie and his par­ents suf­fered over the past two decades, ac­cord­ing to the lawyers.

“Nie’s free­dom was se­ri­ously in­fringed upon as he was wrongly de­tained for 216 days, and he was then ex­e­cuted, which brought great suf­fer­ing to him and his par­ents. Ac­cord­ing to the State Com­pen­sa­tion Law, the family should be given men­tal com­pen­sa­tion,” said Wang Dianxue, a lawyer from Beijing Jing­shi Law Firm.

The family also asked for com­pen­sa­tion for fu­neral ex­penses and fees brought by their long-term lit­i­ga­tion, Wang added.

In ad­di­tion, ju­di­cial bod­ies found to be guilty of flaws in han­dling Nie’s case are re­quired to send a let­ter of apol­ogy to the par­ents, and to pub­lish any com­pen­sa­tion agree­ment via me­dia, which is aimed at re­cov­er­ing Nie’s rep­u­ta­tion and re­mov­ing neg­a­tive ef­fects on Nie’s family and so­ci­ety, Wang said.

“The ap­pli­ca­tion has been filed by the court,” he added.

By law, govern­men­tal agen­cies or of­fi­cers in­volved in State com­pen­sa­tion should make a de­ci­sion on com­pen­sa­tion within two months of re­ceiv­ing an ap­pli­ca­tion.

Dur­ing this pe­riod, the in­volved de­part­ments are asked to lis­ten to ap­pli­cants and may ne­go­ti­ate the terms and value of com­pen­sa­tion, the law states.

Zhang Xin­nian, an­other Beijing-based at­tor­ney, said the high peo­ple’s court in He­bei should not only deal with the com­pen­sa­tion case in line with the law, but also sug­gest so­cial wel­fare or­ga­ni­za­tions pro­vide legal aid for the family.

“Af­ter all, money is one ele­ment for the par­ents, but men­tal sup­port and com­fort are also im­por­tant,” Zhang said.

In ad­di­tion, it is im­por­tant to as­sess the ac­count­abil­ity of ju­di­cial of­fi­cers who were al­legedly at fault in deal­ing with the case, he added.

On Dec 2, Nie, 21, a na­tive of He­bei, was found in­no­cent at the Sec­ond Cir­cuit Court of the Supreme Peo­ple’s Court in Shenyang, cap­i­tal of Liaon­ing prov­ince, on the ba­sis of un­clear facts and in­suf­fi­cient ev­i­dence, al­though he had al­ready been ex­e­cuted for the rape and mur­der of a woman in 1995.

Since then, Nie’s par­ents have ap­pealed to gov­ern­ments and courts to clear their son’s name.

Nie’s case came into the pub­lic eye again in 2005, when a man named Wang Shu­jin, also from He­bei, was de­tained for a sep­a­rate rape and mur­der case. Dur­ing Wang’s de­ten­tion, he con­fessed to the crimes that cost Nie his life.

Ju­di­cial bod­ies in He­bei then be­gan an in­ves­ti­ga­tion, with each de­vel­op­ment in the case mak­ing na­tional head­lines.

In De­cem­ber 2014, the coun­try’s top court asked Shan­dong Provin­cial High Peo­ple’s Court to con­duct an in­ves­ti­ga­tion. In June this year, the high­est ju­di­cial cham­ber or­dered the cir­cuit court to retry the case.

Money is one ele­ment for the par­ents, but men­tal sup­port and com­fort are also im­por­tant.” Zhang Xin­nian, a Beijing-based at­tor­ney Amount of com­pen­sa­tion that Nie Shu­bin’s par­ents ap­plied for

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