China Daily (Hong Kong)

Wrongfully jailed for 19 years, man seeks payment

Convicted of poisoning two girls, he is freed after retrial, says he was tortured

- By CAO YIN caoyin@chinadaily.com.cn

A resident who had his name cleared after serving 19 years in prison, applied to a court in Jiangxi province for 41.4 million yuan ($6.1 million) in state compensati­on for his wrongful detention and conviction.

Li Jinlian, 68, and his lawyer sought the compensati­on in Jiangxi High People’s Court on Wednesday morning — 47 days after a retrial in which the same court found him not guilty, based on insufficie­nt evidence, of killing two children.

The compensati­on request was in four parts: 10.9 million yuan for Li’s wrongful detention, 20 million yuan for his mental anguish, 10 million yuan for his physical punishment and 500,000 to cover the appeal’s fees, his lawyer, Liu Chang, told China Daily.

Li also asked the high court to apologize in the media for the wrongful conviction and for damaging Li’s reputation, the request said.

Li and the lawyer also went to the province’s supervisor­y commission to submit materials on how Li was torruined tured during detention.

“The harm that my client suffered cannot be compensate­d simply by money,” Liu said. “The more significan­t aspect of such high compensati­on is its effect on the rule of law. We hope judicial miscarriag­es can be avoided and judicial officials will strictly abide by the law.”

Li said he would repair his shabby house if receives the compensati­on. He said he has not found work, and he was unsure what he should do.

“I did nothing after being freed. It’s hard to have a sound sleep, as I often remember the past days that my life,” he said.

In October 1998, two children in the province’s Suichuan county died after eating tainted candy they had picked up around their home. Li was named as the suspect and criminally detained.

A year later, Li was sentenced to death with a twoyear reprieve for intentiona­l homicide by Ji’an Intermedia­te People’s Court. In 2000, the Jiangxi high court rejected Li’s appeal and upheld the original ruling.

During his two-year reprieve, or probation, Li did not commit any new crimes, so his sentence was reduced to life imprisonme­nt. He also received five commutatio­ns for good behavior in prison.

He and his family continuall­y petitioned the Supreme People’s Court for a retrial.

The turnaround came in 2011, when the Supreme People’s Court, after a review, ordered the Jiangxi high court to retry the case. But the original judgment was upheld following that review. Li’s family appealed again.

In July 2017, the top court ordered another rehearing. The high court retried the case on May 18.

On June 1, Li was acquitted, as the chain of evidence in his case was incomplete and failed to prove the crime, the high court said.

It’s hard to have a sound sleep, as I often remember the past days that ruined my life.”

Li Jinlian,

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