Executed man found not guilty

Evidence insufficient, unclear in 1990s Nie case, top court says

Justice finally came, even though it was 21 years too late.

Nie Shubin, a young man executed in 1995 after being found guilty in a rape and murder case, was declared not guilty by China's top court on Dec 2.

The Supreme People's Court said in its verdict that the facts and evidence in Nie's case, which has drawn huge public attention, were unclear and insufficient, so "he should be pronounced innocent".

It added that the judgment was made in accordance with a basic principle in the Criminal Law: No punishment shall be given in doubtful cases.

"I'm satisfied with the result. I've been expecting today for a long time," said Zhang Huanzhi, Nie's mother, with trembling voice and in tears.

She spent more than two decades trying to clear her son's name.

She heard the announcement at the Second Circuit Court, one of the arms of the Supreme People's Court, in Shenyang, Liaoning province.

Zhang was also informed in court that she can apply for state compensation within two years. "I'll discuss (the compensation) with my husband," she said.

Xia Daohu, one of the judges, confirmed that the compensation application process had begun. But he did not say how much a litigant can receive in such a case.

"The compensation will be provided in accordance with the State Compensation Law, and the final amount will consider how many days Nie had been wrongfully detained, as well as the mental damage," Xia says.

Xia also says an accountability investigation of police and judicial officers who were involved has started, but he did not elaborate.

Li Shuting, the family's lawyer, said: "Rights of lawyers, including reading legal materials and sharing opinions with the court, were well protected. I'm also happy to end my work with such a result."

Nie, a worker in Shijiazhuang, Hebei province, was sentenced to death and executed in 1995 for the rape and murder of a woman the year before. He was 21 when he was executed.

The case first came to the public's attention in 2005, when Wang Shujin was detained for rape and murder in other cases. He confessed that he was the actual culprit in Nie's case.

Since then, Nie's case had been reinvestigated. His name is well-known across the country, and any development in the new investigation made headlines.

His case has been handled by the Hebei Provincial High People's Court and Shandong Provincial High People's Court. Both courts failed to deliver a final verdict.

On June 15, the top court designated the Second Circuit Court to retry the case.

Ding Hui, president of the law school at Liaoning Normal University, said: "I'm a mother as well. I fully understood Zhang when I saw her crying in the courtroom.

"Meanwhile, I applaud the fact that justice was upheld by the top court. It is so important to fulfill the rule of law in our country."

Mo Hongxian, a law professor at Wuhan University, says the case is a milestone in Chinese criminal law research, adding that the top court highlighted the principle of no punishment for doubtful cases in Nie's case.

"The case could serve as a guide when judges tackle other similar cases," she says.

Both professors say that Nie's case also points to an urgent need to establish a mechanism to avoid wrongful convictions.

"How to ensure evidence is collected legally and verdicts are made without interference is also highly important," Ding says.

caoyin@chinadaily.com.cn

Timeline

August 1994: Nie Shubin is arrested by police in Shijiazhuang, Hebei province, for allegedly raping and killing a woman.

March 1995: Nie is sentenced to death by Shijiazhuang Intermediate People's Court for homicide and rape. Nie later appeals to a higher court.

April 27, 1995: Nie is executed after his appeal is rejected by the Provincial High People's Court of Hebei.

January 2005: Wang Shujin, a native of Hebei, is detained and charged with murder and rape in many other cases. Wang confesses that he is the culprit in Nie's case. Judicial departments in Hebei open a new investigation in Nie's case.

March 2007: Wang is sentenced to death. The death penalty awaits final approval by the Supreme People's Court, the top court.

September 2013: Provincial High People's Court of Hebei announces that there is no evidence suggesting Wang was the culprit in Nie's case.

December, 2014: The top court designates Shandong Provincial High People's Court to investigate Nie's case.

June 15, 2016: The top court asks one of its branch courts, the Second Circuit Court in Shenyang, Liaoning province, to retry Nie's case.

(China Daily Africa Weekly 12/09/2016 page14)