Objectivity and Independence of Forensic Experts Questioned

谁来监督法医专家？

Southern Weekend, 2009-07-15

An article highlighting the dramatic failures of forensic experts, in particular coroners, to objectively and independently evaluate evidence in two cases explores the root causes behind their inaccuracies. In one case, Lian Lili was raped and strangled to death by a police officer in 2000; two different police coroner reports at the time found her cause of death to be acute pancreatitis and made no mention of rape. In another case, Li Shengli was severely beaten by police and died after being thrown out of a window. Police claimed he committed suicide and three coroner reports all failed to note the many non-fall-related injuries his body displayed. While coroners and other forensic experts who “make such mistakes or protect the mistakes of others very rarely receive punishment, those forensic experts who do bravely follow and speak the truth often become unwelcome people.” This is due to “illegal interference in forensic work by related departments and individuals.” The solution, the article suggests, is to guarantee the independence and neutrality of forensics with increased supervision and transparency.

Op-Ed Argues for Greater Commitment to Witness Testimony at Trials

刑事证人出庭须司法机关联合推动

Beijing News, 2009-07-17

While applauding the Beijing Xicheng District Procuratorate's new effort to encourage more witness testimony at criminal trials with “economic compensation,” an op-ed in the Beijing News notes that such measures are vastly insufficient. If China's criminal trial procedures are to make the transition to an adversarial system that reforms twelve years ago called for, then much greater investments must be made in creating a complete witness protection system. Future revisions to the criminal procedure law should include clear and effective evidentiary rules that stipulate when witnesses must testify during trials, the consequences of their not doing so, and the validity of pre-trial recorded testimony. In response to critics who call such proposals too costly, the op-ed cites the United States Supreme Court's recent decision allowing defendants to question forensic analysts during trial, despite the dissenting justices' worries about increased costs.

Xinjiang “Troublemakers” Could Face Up to 20 Criminal Charges

7·5肇事者涉20余项罪名

Beijing News, 2009-07-18

Authorities in the Xinjiang Uighur Autonomous Region have vowed to “'severely and quickly' punish troublemakers in strict accordance to the law, in order to maintain social stability and respect for the law.” Those involved in last week's “7-5” (5 July) riots could face up to 20 different criminal charges, ranging from endangering national security and inciting separatism and ethnic hatred to infringing citizen's personal and democratic rights and gathering to disturb public order. No mention is made of the ethnicity of the “troublemakers” (also translated at “peacebreakers”) facing such charges, but reference to those who “received foreign orders” and “organized, planned, and directed” the violence appears to refer to Uighurs only, not Han Chinese who later sought retribution.

Open Constitution Legal Center Shut Down by Beijing Authorities

今日北京市民政局宣布取缔“公盟法律研究中心”

2009-07-17

The Beijing Municipal Civil Affairs Bureau shut down the Open Constitution Initiative's Legal Research Center for allegedly failing to properly register as an NGO; a charge the Center denies, citing its status as an internal public interest department of the Open Constitution Initiative Consulting Company. Earlier in the week, the Beijing Tax Bureau fined Open Constitution 1.42 million RMB in back taxes and penalties, which the company is protesting through a request for an administrative hearing. Legal Research Center lawyers have attracted national and international attention for representing clients seeking compensation in the melamine-tainted infant formula scandal and criminal defendants in cases involving highly suspect police work.

Editorial Laments Failures of Courts and Procuratorates for Allowing “Muddled Cases”

“糊涂案”何以连闯三关

Bejing News, 2009-07-16

In response to news of a confused court verdict in rural Anhui Province involving convictions on crimes different than what prosecutors charged and sentences well below statutory minimums, an editorial in the Beijing News reflects on the failings of the basic-level criminal justice system. It blames those failings primarily on the difficulties—due to a longstanding inquisitorial tradition—in fully implementing the leadership and supervisory functions of the procuratorate over police as outlined in the amended 1996 Criminal Procedure Law. The many safeguards that law envisions are often ignored “in some places” as cooperation amongst police, prosecutors and courts in fighting crime is emphasized at the detriment of mutual checks and balances. “In recent years, although the independence of procuratorates and courts has been somewhat strengthened, circumstances in which power is unrestricted still exist, due to certain deep-rooted rules outside the law and hidden rules.”

Procuratorates to Increase Supervision over Prison System

今年下半年我国监所检察将重点做好4项工作

Xinhua News, 2009-07-16

The vice-president of the Supreme People's Procuratorate, Sun Xian, spoke at a forum for leaders of the country's local procuratorates on the need for procurators to increase their supervisory role over prisons and detention centers, the later still operated by local public security bureaus, not the Ministry of Justice. Sun emphasized the need to prevent and rectify instances of suspects being detained beyond legally prescribed time limits. Specific measures to do so include “persistently implementing the practice of calling [police] attention to expiring time limits, pressing [police] about expired limits, and correcting cases where time limits are exceeded and pursuing the responsibility of [relevant officials].” Procuratorates are also to increase communication, planning and coordination with public security organs by establishing and manning permanent offices within police stations and detention centers.

Shanghai to Combat Juvenile Crime by Nonnatives

上海采取措施遏制来沪未成年人违法犯罪上升

Xinhua News, 2009-07-15

At a recent press conference, the Shanghai Neighborhood Youth Affairs Office released statistics showing a 56% growth in juvenile crime from 2004 to 2008. The proportion of those crimes committed by nonnative Shanghaiese—“youths coming to Shanghai to work, study and live”—increased from 51% to 76% over the same period. To combat this increase, the local government will focus on “advance prevention, critical prevention and recidivist prevention,” including sending social workers into schools for migrant workers' children to offer “education on mental health, legal knowledge and domestic relationships,” with special attention to be paid to “troubled students.”

Tianjin Employment Announcement Solicits Applicants for Court Vice-President

天津公选法院副院长、院长和副检察长、检察长

Xinhua News, 2009-07-13

The Tianjin Municipal Party Committee has publicly issued employment announcements for vice-president of the city's high court, presidents of three city district (intermediate) courts, vice-president of the city's procuratorate, and presidents of two district-level procuratorates. Qualified applicants must currently hold department-level director or vice-director positions in the court or procuratorate systems. They must also hold a university bachelor's degree and be under the age of 50. The selection process will involve a written test evaluating applicants' knowledge of public management and the “specialized field”—presumably law—as well as interviews.

Yunnan Court Apologizes After Handcuffing Lawyer to Basketball Pole

云南澄江县一法官非法拘禁律师 法院向律师道歉

Xinhua News, 2009-07-13

After refusing to sign off on trial notes in protest against the non-inclusion of his arguments in a land use rights dispute, a Kunming (Yunnan Province) lawyer, identified only as “He,” was ordered handcuffed to a basketball pole by a Chengjiang County Court judge. He remained shackled there for forty minutes until the court's vice-president released him. The next day (11 July), the Yunnan Provincial High Court ordered an investigation of the incident that has resulted in a formal apology to the lawyer and “research into [how to] handle the relevant responsible parties at the court.”

New Trial Begins for Wuhan Man After Supreme Court Remands Death Penalty Case

最高法院复核发回重审武汉“高管涉嫌杀情妇”案

Xinhua News, 2009-07-08

The Wuhan (Hubei Province)Intermediate Court began retrying the capital murder case against Chen Yilong, accused of strangling his mistress to death and attempting to burn her body in February 2006. In July 2006, the same court found Chen guilty of identical charges and sentenced him to death. Over a year later, the Hubei High Court dismissed Chen's appeal and sent the case to the Supreme People's Court for final death penalty approval. The Supreme Court, however, remanded the case for a new trial, citing the facts of the case as unclear and the evidence insufficient. Chen has maintained his innocence throughout the trial and appeal stages and claims his earlier confession to police was forced. His defense lawyer, Wang Wanxiong, famous for his defense of the “Panda Burning Incense” computer virus creators, points to inconsistencies in Chen's confession with the physical evidence and the inadmissibility of other evidence, such as the time of death report's lack of proper certification signatures and seals. Prosecutors did not present any new evidence at the retrial, making it unclear how the Supreme Court might ultimately decide a case it earlier declared as lacking sufficient evidence.