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.
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

US Investors Eye IPO for China's Alibaba

E-commerce giant handled 80 percent of China's online business last year, logging more Internet transactions than US-based Amazon.com and eBay combined More

Video Uneasy Calm Settles Over Israel, Gaza Strip

As cease-fire begins, Palestinians celebrate in streets; Israelis remain wary More

Video Chinese Doctors Use 3-D Spinal Implant

In treatment of a 12-year-old boy Chinese doctors used a 3-D printer and special software to create an exact replica of vertebra 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.
Chinese Doctors Use 3-D Spinal Implanti
X
August 27, 2014 4:53 PM
A Chinese boy suffering from a debilitating bone disease has become the first patient with a part of his spine created in a three-dimensional printer. Doctors say he will soon regain normal mobility. VOA’s George Putic reports.
Video

Video Chinese Doctors Use 3-D Spinal Implant

A Chinese boy suffering from a debilitating bone disease has become the first patient with a part of his spine created in a three-dimensional printer. Doctors say he will soon regain normal mobility. VOA’s George Putic reports.
Video

Video Uneasy Calm Settles Over Israel, Gaza Strip

Israel and the Gaza Strip have been calm since a cease-fire set in Tuesday evening, ending seven weeks of hostilities. Hamas, which controls Gaza, declared victory. Israelis were more wart. VOA’s Scott Bobb reports from Jerusalem.
Video

Video India’s Leprosy Battle Stymied by Continuing Stigma

Medical advancements in the treatment of leprosy have greatly diminished its impact around the world, largely eliminating the disease from most countries. India made great strides in combating leprosy, but still accounts for a majority of the world’s new cases each year, and the number of newly infected Indians is rising - more than 130,000 recorded last year. Doctors there say the problem has more to do with society than science. VOA News reports from Kolkata.
Video

Video Northern California Quake: No Way to Know When Next One Will Hit

A magnitude 6.0 earthquake rocked northern California’s Napa Valley on Sunday. Roads twisted and water mains burst. It was the wine country’s most severe quake in 15 years, and while hospitals treated many people, no one was killed. Arash Arabasadi has more from Washington on what the future may hold for those residents living on a fault line.
Video

Video Scientists Unlock Mystery of Bird Flocks

How can flocks of birds, schools of fish or herds of antelope suddenly change direction -- all the individuals adjusting their movement in concert, at seemingly the same time? British researchers now have some insights into this behavior, which has puzzled scientists for a long time. VOA's George Putic has more.
Video

Video Ukraine: Captured Troops Proof of Russian Role in Separatist Fight

Ukrainian officials say they have captured Russian soldiers on Ukrainian territory -- the latest accusation of Moscow's involvement in the conflict in eastern Ukraine. VOA's Gabe Joselow reports from the Ukrainian side of the battle, where soldiers are convinced of Russia's role.
Video

Video Rubber May Soon Come From Dandelions

Synthetic rubber has been around for more than a century, but quality tires for cars, trucks and aircraft still need up to 40 percent or more natural rubber content. As the source of natural rubber, the rubber tree, is prone to disease and can be affected by bad weather. So scientists are looking for replacements. And as VOA’s George Putic reports, they may have found one in a ubiquitous weed.
Video

Video Jewish Life in Argentina Reflected in Yiddish Tango

Jewish people from across Europe and Russia have been immigrating to Argentina for hundreds of years. They brought with them dance music that were eventually mixed with Argentine tango. The result is Yiddish tango -- a fusion of melodies and cultural experiences that is still evolving today. Elizabeth Lee reports from the Skirball Cultural Center in Los Angeles, where one band is bringing Yiddish tango to an American audience.

AppleAndroid