China Daily (Hong Kong)

Wrongfully convicted men declared innocent, freed

Jiangxi High Court found that the facts of the case were unclear and evidence was insufficie­nt

- By ZHANG YI zhang_yi@chinadaily.com.cn

After staying behind bars for more than a decade for homicide, four men in Jiangxi province were declared innocent on Thursday, the latest case of a wrongful conviction being corrected in the country.

The Jiangxi High People’s Court withdrew all previous verdicts on Huang Zhiqiang, Fang Chunping, Cheng Fagen and Cheng Lihe as the court found the facts of the case were unclear and evidence was insufficie­nt.

The court also said in a statement that the four might have been forced or tricked into making confession­s, which resulted in the previous verdicts.

The four were sentenced to death at a local court in Jingdezhen, Jiangxi province, in July 2003 in connection with the murder of a man, as well as the rape, murder and dismemberm­ent of a woman.

They appealed, and the Jiangxi High People’s Court in May 2006 changed the punishment to death with a twoyear reprieve, a sentence usually commuted to life in jail. The latest retrial was conducted on Nov 30 after repeated appeals from their families.

After the final verdict, Xia Keqin, deputy head of the court, made a face-to-face apology to the four men and informed them of their right to claim State compensati­on.

Zhang Weiyu, the lawyer representi­ng Fang, said the four were released on Thursday and united with their families.

A court statement released

Briefly

after the verdict said: “As a judicial organ, courts should learn a lesson from the case.”

The concept of protecting human rights should be enhanced, the principle of evidence should be upheld, checks and balances should be strengthen­ed among judiciary department­s, and a quick response and correction of wrong rulings should be carried out, it said.

Liu Weidong, deputy head of the Jiangxi Lawyers Associatio­n, said the overturnin­g of the case will facilitate judicial progress across the nation and reinforce the credibilit­y and authority of judicial department­s.

“The protection of human rights should be prioritize­d in the process of clamping down on crimes,” he said.

The authentici­ty, correlatio­n and legitimacy of evidence are the key to a court ruling, Liu said, adding that no doubtful evidence should be used in a ruling, nor should a verdict be made without solid evidence.

Chinese media reported that the original ruling cited a police probe that said the four had confessed to the crime, but the men later said they were tortured into confessing.

In the latest retrial, the court ruled that based on new evidence, including forensic examinatio­ns, the confession­s lacked legitimate grounds.

On Dec 2, the Supreme People’s Court, the top court, exonerated Nie Shubin, a young man from North China’s Hebei province, who was wrongfully executed 21 years ago for rape and murder.

A man and a woman in Zhongdian village, Leping city of Jiangxi province, were robbed and killed. The man’s body was discovered the next day. The woman was raped and her body was dismembere­d. May 25, 2002

Cheng Lihe, a Zhongdian villager, was arrested and said to have confessed to the killing of the man and woman. Police arrested three others soon after. July 7, 2003

The Jingdezhen Intermedia­te People’s Court sentenced the four people to death on several charges including murder and rape. Jan 17, 2004

The Jiangxi High People’s

 ?? WANG JIANING / FOR CHINA DAILY ?? Huang Zhiqiang (second from left), one of the four people who were sentenced to death for homicide, robbery and rape 13 years ago, speaks to the media as his father is overcome with emotion after the four were declared innocent in Nanchang, Jiangxi province, on Thursday.
WANG JIANING / FOR CHINA DAILY Huang Zhiqiang (second from left), one of the four people who were sentenced to death for homicide, robbery and rape 13 years ago, speaks to the media as his father is overcome with emotion after the four were declared innocent in Nanchang, Jiangxi province, on Thursday.

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