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Supreme court rejects Nian Bin's plea for more compensation

By Cao Yin | chinadaily.com.cn | Updated: 2017-02-06 21:18

An appeal to increase state compensation to a man who was wrongfully jailed for eight years has been rejected, as there isn't enough evidence to support the medical and treatment fees he applied for, according to his lawyer and sister.

Cao Lelong, the lawyer for the plaintiff, Nian Bin, confirmed today that the Supreme People's Court dismissed Nian's appeal for 5.4 million yuan ($787,100) in compensation before the Spring Festival. "But considering the family's sufferings and feelings, I did not tell them until after the holiday", Cao said.

Nian, a native of Fujian province, was sentenced to death in the poisoning deaths of two children in 2006, and was freed on Aug 22, 2014 after the provincial high court decided he was innocent, citing a lack of evidence. In February 2015 he was awarded 1.19 million yuan in compensation for damages brought about by wrongful detention of more than 2,800 days and mental harm.

But Nian did not accept it and appealed to the top court.

The highest judicial chamber filed the case last year, but after the one-year review, it said Nian's compensation appeal to cover his medical and treatment costs has no legal basis in line with the State Compensation Law.

Fuzhou Intermediate People's Court, the lower organ that presided over the wrongful conviction, harmed Nian's freedom instead of his health, so it should not cover the present cost of treatment to Nian's injured legs and hands.

Nian Jianlan, Nian Bin's elder sister, said the injuries were made by police during her brother's detention, "but they are short of evidence", the top court added.

Cao and the sister showed disappointment at the result, but they said they respected it. Cao added: "The rejection means all the legal procedures that a litigant can apply for state compensation in the country has been exhausted, and the 1.19 million yuan the family was offered two years ago is the final compensation."

But Nian Jianlan, who gave up jobs to prove her brother's innocence, said that she will continue to ask for social aid to help treat Nian Bin's injuries and also to find a new job to support the family's basic cost of living.

"My brother is 40 and with little education. His health condition now does not allow him to do hard work and the compensation is far from what's needed to afford his treatment fees," she said. "He wants to seek something to do, but few will hire him due to his past life."

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