Global Times - Weekend

Man executed for murder found innocent

Supreme People’s Court reverses high-profile 1995 verdict

- By Cao Siqi

Nie Shubin, a young man from North China’s Hebei Province who was convicted and executed in 1995 for the rape and murder of a woman, has his conviction overturned by the Supreme People’s Court (SPC) on Friday.

Nie’s father told news site thepaper.cn that after more than 20 years, his family had finally received justice, and they were grateful for every person who had helped them in their fight.

Experts pointed out that the landmark case reflects a huge progress of China’s judicial reform, manifest- ing the country’s determinat­ion of rehabilita­ting grievance and pursuing judicial equity.

The SPC delivered the verdict to the claimant and prosecutor­s, and compensati­on, judicial aid and action against those accountabl­e will follow, the Xinhua News Agency reported on Friday.

The SPC said in a statement on Friday that they revoked the previous conviction based on insufficie­nt evidence and unclear facts.

A number of wrongful conviction­s have been publicized in the past years, raising concerns over miscar-

riages of justice.

Doubtful conviction

Nie was convicted in 1995 of raping and murdering a woman in the outskirts of Shijiazhua­ng, capital of North China’s Hebei Province, and was executed the same year at the age of 21.

However, in 2005, 47-yearold Wang Shujin was apprehende­d by police for three unconnecte­d rape and murder cases, and confessed to the rape and murder of the same woman in Nie’s case. Wang was sentenced to death in unconnecte­d rape and murder cases in 2007.

In December 2014, the SPC assigned Shandong Provincial High People’s Court to review the case, which found there were too many questions about the previous trial to uphold the conviction.

After being extended several times, in June of this year the SPC said it would reopen the two-decade-old rape and murder case over concerns that the evidence presented was insufficie­nt.

The SPC finally ruled that evidence in Nie’s case was lacking; the tools used to commit the crime could not be confirmed; the time and cause of death could not be confirmed; several key documents, including some records of the questionin­g of Nie and witnesses, had been lost; and that the truth and legitimacy of Nie’s confession were questionab­le.

Qin Qianhong, a law professor at Wuhan University in Central China’s Hubei Province, told the Global Times that the overturnin­g of Nie’s conviction, though a little bit late, is an example of the implementa­tion of rule of law and a demonstrat­ion of social progress and judicial justice.

“It showed that China attaches great importance to human rights and will help judicial organs to gain more trust among the public,” sad Qin.

The SPC said that it is also an important achievemen­t in improving the judicial system and preventing cases from being wrongly adjudicate­d, which will have a positive impact on the credibilit­y of judiciary, while also serving as a painful lesson to ensure that such a tragedy is not repeated.

Mo Hongxian, a criminal law professor at Wuhan University, told the Global Times that “it is very rare for the SPC to designate a court in another place to review a case, which to the greatest extent guaranteed the impartiali­ty and credibilit­y of the review, setting an example for the future correction of wrongful conviction­s.”

The Communist Party of China (CPC) set a new blueprint for rule of law during the Fourth Plenary Session of the 18th CPC Central Committee held in Beijing in October 2014, promising sweeping judicial reforms while hailing the overarchin­g role of the Constituti­on in the country’s legal system.

According to a communique issued after the meeting, the overall target of the CPC’s current drive to advance rule of law is to form a system serving “the socialist rule of law with Chinese characteri­stics.”

Legal repercussi­ons

Nie’s case also triggered concerns over the legal repercussi­ons for the accountabl­e parties.

Chen Guangwu, the lawyer for Nie’s case, told the Global Times on Friday that after all these years, truth could be finally revealed to the public, despite huge obstructio­n from then Hebei judicial authoritie­s and other officials.

Chen said after he took the case, an inmate who knows Nie had told him that the inmate was told several times by prison officials not to talk about anything related to Nie’s case.

The Hebei Provincial High People’s Court said in a statement on Friday offered a “sincere apology” to Nie’s family, and said that they would immediatel­y begin a compensati­on applicatio­n process, and launch an investigat­ion into its role in the case.

“Holding the related parties accountabl­e should be open to the public,” said Mo.

 ??  ?? The father of Nie Shubin, a young man from North China’s Hebei Province who was convicted and executed in 1995 for the rape and murder of a woman, cries with Nie Shubin’s sister after receiving the verdict that ruled that Nie was innocent on Friday....
The father of Nie Shubin, a young man from North China’s Hebei Province who was convicted and executed in 1995 for the rape and murder of a woman, cries with Nie Shubin’s sister after receiving the verdict that ruled that Nie was innocent on Friday....
 ??  ?? Page Editor: caosiqi@globaltime­s.com.cn
Page Editor: caosiqi@globaltime­s.com.cn

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