News from China: Workers Death.
In Worker's Death, View of China's Harsh Justice
By JIM YARDLEY
Published: December 31, 2005
YUJIAGOU, China - From the prison cell where he contemplated an executioner's bullet, a migrant worker named Wang Binyu gave an anguished account of his wasted life. Unexpectedly, it rippled across China like a primal scream.
For three weeks, the brutal murders Mr. Wang committed after failing to collect unpaid wages were weighed on the Internet and in Chinese newspapers against the brutal treatment he had endured as a migrant worker. Public opinion shouted for mercy; lawyers debated the fairness of his death sentence. Others saw the case as a bloody symptom of the harsh inequities of Chinese life.
But then, in late September, the furor disappeared as suddenly as it had begun. Online discussion was censored and news media coverage was almost completely banned. Mr. Wang's final appeal was rushed to court. His father, never notified, learned about the hearing only by accident. His chosen defense lawyer was forbidden from participating.
"All of you are on the same side," Mr. Wang, 28, shouted during the hearing, his father said in an interview here in the family's home village in northern Gansu Province. "If you want to kill me, just kill me."
On Oct. 19, they did. Mr. Wang was executed so quickly, and quietly, that it took weeks for the word to fully trickle out that he was dead.
China executes more people every year than the rest of the world combined. By some estimates, the number of executions is more than 10,000 a year. The government's relentless death penalty machine has long been its harshest tool for maintaining political control and curbing crime and corruption.
But it has now become a glaring uncertainty about China's commitment to the rule of law. There is widespread suspicion, even within the government, that too many innocent people are sentenced to death. This year, a raft of cases came to light in which wrongful convictions had led to death sentences, or, in one well-publicized case, the execution of an innocent man.
Reforming capital punishment has become a priority within the Communist Party-controlled legal system, partly because of international pressure to reduce abuses. Within the party-run legislative system, there is a broader debate about how to improve criminal law.
But achieving those reforms is hardly certain. Hard-liners are loath to restrict the power of the police and the courts to take a tough line. Death penalty reforms announced by the People's Supreme Court - and broadly trumpeted in the state news media - are mostly just a return to the status quo of 1980.
The case of Wang Binyu lacked the moral clarity of an innocent man wrongly convicted. He killed four people in a rampage after a final dispute over wages. But his saga of abuse and disdain from his bosses resonated deeply with a public disgusted with corruption and inequality and resentful of a legal system perceived as favoring the wealthy and well connected.
"Wang was forced to fight against those who exploit and tread on the poor," one person wrote at a Chinese Web site. "Why is the law always tough on the poor?"
Mr. Wang's case also illustrates how a system built for convictions has few safeguards or protections for a defendant facing death. Officials in the High Court of Ningxia Autonomous Region, the area in western China where the case was heard, refused several requests for interviews. But Wu Shaozhi, the Beijing lawyer who tried to represent Mr. Wang, said the Ningxia courts obviously wanted fast results.
Before the appeal, the Wang family signed power of attorney to Mr. Wu. But Mr. Wu said court officials had initially lied, telling him the appeal was over. Then they refused to let him enter the case. Instead, Mr. Wang was represented by a lawyer approved by the court.
Meanwhile, Mr. Wu noted, the same judges who heard the appeal also concurrently handled a mandatory final review of the case. It meant that judges were reviewing their own ruling - a practice that legal experts said is not uncommon and provided little real check and balance on the use of the death penalty.
"An unjust procedure will undoubtedly lead to unjust results," Mr. Wu said.
By JIM YARDLEY
Published: December 31, 2005
YUJIAGOU, China - From the prison cell where he contemplated an executioner's bullet, a migrant worker named Wang Binyu gave an anguished account of his wasted life. Unexpectedly, it rippled across China like a primal scream.
For three weeks, the brutal murders Mr. Wang committed after failing to collect unpaid wages were weighed on the Internet and in Chinese newspapers against the brutal treatment he had endured as a migrant worker. Public opinion shouted for mercy; lawyers debated the fairness of his death sentence. Others saw the case as a bloody symptom of the harsh inequities of Chinese life.
But then, in late September, the furor disappeared as suddenly as it had begun. Online discussion was censored and news media coverage was almost completely banned. Mr. Wang's final appeal was rushed to court. His father, never notified, learned about the hearing only by accident. His chosen defense lawyer was forbidden from participating.
"All of you are on the same side," Mr. Wang, 28, shouted during the hearing, his father said in an interview here in the family's home village in northern Gansu Province. "If you want to kill me, just kill me."
On Oct. 19, they did. Mr. Wang was executed so quickly, and quietly, that it took weeks for the word to fully trickle out that he was dead.
China executes more people every year than the rest of the world combined. By some estimates, the number of executions is more than 10,000 a year. The government's relentless death penalty machine has long been its harshest tool for maintaining political control and curbing crime and corruption.
But it has now become a glaring uncertainty about China's commitment to the rule of law. There is widespread suspicion, even within the government, that too many innocent people are sentenced to death. This year, a raft of cases came to light in which wrongful convictions had led to death sentences, or, in one well-publicized case, the execution of an innocent man.
Reforming capital punishment has become a priority within the Communist Party-controlled legal system, partly because of international pressure to reduce abuses. Within the party-run legislative system, there is a broader debate about how to improve criminal law.
But achieving those reforms is hardly certain. Hard-liners are loath to restrict the power of the police and the courts to take a tough line. Death penalty reforms announced by the People's Supreme Court - and broadly trumpeted in the state news media - are mostly just a return to the status quo of 1980.
The case of Wang Binyu lacked the moral clarity of an innocent man wrongly convicted. He killed four people in a rampage after a final dispute over wages. But his saga of abuse and disdain from his bosses resonated deeply with a public disgusted with corruption and inequality and resentful of a legal system perceived as favoring the wealthy and well connected.
"Wang was forced to fight against those who exploit and tread on the poor," one person wrote at a Chinese Web site. "Why is the law always tough on the poor?"
Mr. Wang's case also illustrates how a system built for convictions has few safeguards or protections for a defendant facing death. Officials in the High Court of Ningxia Autonomous Region, the area in western China where the case was heard, refused several requests for interviews. But Wu Shaozhi, the Beijing lawyer who tried to represent Mr. Wang, said the Ningxia courts obviously wanted fast results.
Before the appeal, the Wang family signed power of attorney to Mr. Wu. But Mr. Wu said court officials had initially lied, telling him the appeal was over. Then they refused to let him enter the case. Instead, Mr. Wang was represented by a lawyer approved by the court.
Meanwhile, Mr. Wu noted, the same judges who heard the appeal also concurrently handled a mandatory final review of the case. It meant that judges were reviewing their own ruling - a practice that legal experts said is not uncommon and provided little real check and balance on the use of the death penalty.
"An unjust procedure will undoubtedly lead to unjust results," Mr. Wu said.
posted by Helen Myst at Sunday, January 01, 2006
0 Comments:
Post a Comment
<< Home