News / Asia

China Top Court Rules Out Forced Confessions

FILE - A paramilitary policeman stands guard at the entrance of China's Supreme Court in Beijing.
FILE - A paramilitary policeman stands guard at the entrance of China's Supreme Court in Beijing.
TEXT SIZE - +
VOA News
— China's top court has ruled out forced confessions and vowed to reduce miscarriage of justice, in a move that highlights increasing policy emphasis on legal reform.
 
The directive, issued by China's Supreme People's Court on Thursday, is intended to strengthen the rule of law in a system that many analysts agree still lacks basic elements of judicial independence. 
 
The court says that all levels of the judiciary are required to perform their duties strictly according to the law, base their judgments on facts, and protect human rights. It lists 27 provisions, including the protection of defendants' right of attorney, the need for trials to be open and based on legally obtained evidence, and the elimination of confessions obtained through torture.
 
Encouraging sign

Nicholas Bequelin of Human Rights Watch says the ruling is an encouraging sign that the government is responding to pressure from society demanding better rights protection during criminal trials. 
 
“It gives a foothold to lawyers and legal reformers in China, it helps them put pressure on the police, on the courts, on the judicial system whenever they don't act accordingly,” he says.   
 
In recent years, China has introduced procedural mechanisms to guarantee defendants fair trials, including an amendment last year requiring police to allow lawyers to meet with their client within 48 hours after a request is filed.  Thursday's court ruling is a step in that same direction - analysts say - in a system plagued by endemic problems of obtaining confessions through torture, wrongful convictions and persecution of lawyers.
 
Police remain powerful
 
But rights advocates say that despite court reforms, the powerful police in China still make the justice system unfair.  In a recent case, a Chinese official under investigation for corruption was tortured to death and drowned in a bathtub as police investigators were trying to break him into confession.
 
Bequelin of Human Rights Watch says that given that courts in China are often subservient to police departments, there are limits to what the courts - such as with Thursday's provisions - can achieve.  “It is all well for the courts to say 'oh, we are going to make sure we reduce wrongful convictions and torture,' but the fact is they have very little leverage to do that because it is basically the police that are driving the criminal system in China,” he says. 
 
Call for review of past cases
 
Li Zhuang, a criminal lawyer based in Beijing, says that to prove they are serious in implementing the documents, courts should start reviewing past cases where lawyers have presented proof of coerced testimony.  
 
Li Zhuang was one of the lawyers targeted in a campaign against mafia in Chongqing, then the stronghold of now ousted politician Bo Xilai.  Li was charged with perjury after attempting to defend a local entrepreneur whose confession had been obtained through torture.
 
Li confessed wrongdoing and was sentenced to 18 months in jail.  “Contesting evidence has been provided that sufficiently overthrows that judgment, but it has been more than two years and there has been no review,” Li says. “We have to wait and see whether these provisions will be implemented on the ground. That is the next step.”  Li says there is little incentive for court officials to review cases because in many instances they have based career promotions on wrongful convictions.
 
In Chongqing, some of the city's wealthiest entrepreneurs were put to jail based on confessions obtained through illegal means, and their assets were seized by the city government.  “Many assets seized during the campaign have been spent," Li says. They used them to plant trees and organize red songs revivals. How can you give back money that has already been spent?”
 
Evolution of judicial reforms
 
The Supreme Court's ruling comes days after China wrapped up an important party meeting and announced key reforms in a number of fields, including its legal system.  After much public pressure, party leaders pledged to scrap the system of re-education through labor - a notorious practice of administrative detention that gives the police rights to bypass courts and detain suspects without trial for up to three years.
 
Such amendments have been welcomed by legal scholars and professionals in China, but some believe that individual measures will be meaningless if they do not ensure independence of the legal system - which in China is still to a great extent under the yoke of the party and the public security apparatus.

You May Like

Algerians Vote in Presidential Election

There were few media reports of protests and clashes around the country, but so far no significant violence More

Sharks More Evolved than Previously Thought

The discovery could “profoundly affect our understanding of evolutionary history” More

Pakistan Military Asked to Protect Polio Workers

Request comes as authorities say a Taliban ban on vaccinations in 2012 and deadly attacks on anti-polio teams have prevented thousands of children from getting inoculated More

This forum has been closed.
Comments
     
There are no comments in this forum. Be first and add one

Featured Videos

Your JavaScript is turned off or you have an old version of Adobe's Flash Player. Get the latest Flash player.
Google Buys Drone Companyi
|| 0:00:00
...
 
🔇
X
George Putic
April 15, 2014
In its latest purchase of high-tech companies, Google has acquired a manufacturer of solar-powered drones that can stay in the air almost indefinitely, relaying broadband Internet connection to remote areas. It is seen as yet another step in the U.S. based Web giant’s bid to bring Internet to the whole world. VOA’s George Putic reports.
Video

Video Google Buys Drone Company

In its latest purchase of high-tech companies, Google has acquired a manufacturer of solar-powered drones that can stay in the air almost indefinitely, relaying broadband Internet connection to remote areas. It is seen as yet another step in the U.S. based Web giant’s bid to bring Internet to the whole world. VOA’s George Putic reports.
Video

Video Ray Bonneville Sings the Blues and More on New CD

Singer/songwriter Ray Bonneville has released a new CD called “Easy Gone” with music that reflects his musical and personal journey from French-speaking Canada to his current home in Austin,Texas. The eclectic artist’s fan base extends from Texas to various parts of North America and Europe. VOA’s Greg Flakus reports from Austin.
Video

Video Millions Labor in Pakistan's Informal Economy

The World Bank says that in Pakistan, roughly 70 percent work in the so-called informal sector, a part of the economy that is unregulated and untaxed. VOA's Sharon Behn reports from Islamabad on how the informal sector impact's the Pakistani economy.
Video

Video Passover Celebrates Liberation from Bondage

Jewish people around the world are celebrating Passover, a commemoration of their liberation from slavery in Egypt more than 3,300 years ago. According to scripture, God helped the Jews, led by Moses, escape bondage in Egypt and cross the Red Sea into the desert. Zlatica Hoke reports that the story of the Jewish Exodus resonates with other people trying to escape slave-like conditions.
Video

Video Police Pursue Hate Crime Charges Against Kansas Shooting Suspect

Prosecutors are sifting through the evidence in the wake of Sunday’s shootings in a suburb of Kansas City, Missouri that left three people dead. A suspect in the shootings taken into custody is a white supremacist. As VOA’s Kane Farabaugh reports, he was well-known to law enforcement agencies and human rights groups alike.
Video

Video In Eastern Ukraine, Pro-unity Activists Emerge from Shadows

Amid the pro-Russian uprisings in eastern Ukraine, there is a large body of activists who support Ukrainian unity and reject Russian intervention. Their activities have remained largely underground, but they are preparing to take on their pro-Moscow opponents, as Henry Ridgwell reports from the eastern city of Donetsk.
Video

Video Basket Maker’s Skills Have World Reach

A prestigious craft show in the U.S. capital offers one-of-a-kind creations by more than 120 artists working in a variety of media. As VOA’s Julie Taboh reports from Washington, one artist lucky enough to be selected says sharing her skills with women overseas is just as significant.
Video

Video UN Report Urges Speedier Action to Avoid Climate Disaster

A new United Nations report says the world must switch from fossil fuels to cleaner energy sources to control the effects of climate change. The Intergovernmental Panel on Climate Change released the report (Sunday) following a meeting of scientists and government representatives in Berlin. The comprehensive review follows two recent IPCC reports that detail the certainty of climate change, its impacts and in this most recent report what to do about it. VOA’s Rosanne Skirble has the details.
AppleAndroid