2016年CRI Better Accountability System Urged after Retrials

 

The wrongful conviction of Huugjilt is one of the most notorious cases of judicial¹ injustice² in China in the recent decades. The teenager was declared guilty of raping³ and then murdering a woman in a public toilet, and subsequently executed.

He was posthumously⁴ acquitted⁵ of the crimes in December 2014, while the real perpetrator was apprehended⁶ in 2005 and was given the death penalty last year.

Concerns were raised earlier this week after the north China region announced penalties for officials responsible for the wrongful conviction and execution.

Of the 27 blacklisted officials, 26 received administrative⁷ penalties including admonitions and records of demerit, while Feng Zhiming, who had led the investigation⁸, is to be subject to further investigation on charges of job-related crimes.

But some, including the victim's parents, complained the penalties are lighter⁹ than expected, and vague.

"Anyone found guilty should pay a price. It was the mistake of a whole team rather than a single person. The penalties should be different according to what role one played in making the conviction."

"It's still unclear what the basis of the penalties is or whether those investigators¹⁰ have been deprived of the merits they gained for handling the case two decades ago."

Some members of the public are also questioning why none of those involved had been held criminally responsible for making the conviction.

He Feng, the former vice¹² director of Hohhot Public Security Bureau, took part in the retrial of Huugjilt's case.

He says there was insufficient¹³ evidence that could lead to the conviction of officials.

"A criminal conviction should contain who the offender¹⁴ is, what's the relation between the offender and the victim. It also should make it clear why, where and when the offense¹⁵ was taken. But in this case, we have no idea who tortured Huugjilt, what damages the torture had caused to him, let alone a forensic¹⁶ identification."

Law professor He Jiahong with Renmin University said the judicial authorities have made improvements, but more needs to be done.

"We need to establish a sound system to prevent wrongful convictions and need to do more to address judicial transparency. The judicial organs had done better in the retrial of Huugjilt's case than before, but the improvement was limited and it's the public pressure that forced them to make improvement."

The professor, in particular, suggested more information should be made public in such retrials to ease people's doubts.

"No one is saying how the positions of those involved will change. In fact, the public is eager to know whether involvement in the case will affect the officials' careers. People are especially wondering about the chief investigator¹¹ Feng Zhiming."

He also said greater efforts should be made to set up standards to ensure justice and transparency during a retrial as well as to decide when any accountability process will start.

It's widely expected a better system will be in place when the accountability process gets underway against another infamous¹⁷ conviction that had left a Sichuan native Chen Man wrongfully behind bars for 23 years.

Chen was sentenced to death, with a two-year reprieve¹⁸ for arson¹⁹ and murder in Hainan in 1994. He was cleared of the charges and released from prison on Monday.

For CRI, this is Luo Bin²⁰.

1 judicial   

adj.司法的，法庭的，审判的，明断的，公正的

参考例句：

• He is a man with a judicial mind.他是个公正的人。
• Tom takes judicial proceedings against his father.汤姆对他的父亲正式提出诉讼。

2 injustice   

n.非正义，不公正，不公平，侵犯（别人的）权利

参考例句：

• They complained of injustice in the way they had been treated.他们抱怨受到不公平的对待。
• All his life he has been struggling against injustice.他一生都在与不公正现象作斗争。

3 raping   

v.以暴力夺取，强夺( rape的现在分词 )；强奸

参考例句：

• In response, Charles VI sent a punitive expedition to Brittany, raping and killing the populace. 作为报复，查理六世派军讨伐布列塔尼，奸淫杀戮平民。 来自《简明英汉词典》
• The conquerors marched on, burning, killing, raping and plundering as they went. 征服者所到之处烧杀奸掠，无所不做。 来自互联网

4 posthumously   

adv.于死后，于身后；于著作者死后出版地

参考例句：

• He was confirmed posthumously as a member of the Chinese Communist Party. 他被追认为中国共产党党员。 来自《简明英汉词典》
• Her last book was published posthumously in 1948. 她最后的一本书在她死后于1948 年出版了。 来自《简明英汉词典》

5 acquitted   

宣判…无罪( acquit的过去式和过去分词 )； 使（自己）作出某种表现

参考例句：

• The jury acquitted him of murder. 陪审团裁决他谋杀罪不成立。
• Five months ago she was acquitted on a shoplifting charge. 五个月前她被宣判未犯入店行窃罪。

6 apprehended   

逮捕，拘押( apprehend的过去式和过去分词 )； 理解

参考例句：

• She apprehended the complicated law very quickly. 她很快理解了复杂的法律。
• The police apprehended the criminal. 警察逮捕了罪犯。

7 administrative   

adj.行政的，管理的

参考例句：

• The administrative burden must be lifted from local government.必须解除地方政府的行政负担。
• He regarded all these administrative details as beneath his notice.他认为行政管理上的这些琐事都不值一顾。

8 investigation   

n.调查，调查研究

参考例句：

• In an investigation,a new fact became known, which told against him.在调查中新发现了一件对他不利的事实。
• He drew the conclusion by building on his own investigation.他根据自己的调查研究作出结论。

9 lighter   

n.打火机，点火器；驳船；v.用驳船运送；light的比较级

参考例句：

• The portrait was touched up so as to make it lighter.这张画经过润色，色调明朗了一些。
• The lighter works off the car battery.引燃器利用汽车蓄电池打火。

10 investigators   

n.调查者，审查者( investigator的名词复数 )

参考例句：

• This memo could be the smoking gun that investigators have been looking for. 这份备忘录可能是调查人员一直在寻找的证据。
• The team consisted of six investigators and two secretaries. 这个团队由六个调查人员和两个秘书组成。 来自《简明英汉词典》

11 investigator   

n.研究者，调查者，审查者

参考例句：

• He was a special investigator for the FBI.他是联邦调查局的特别调查员。
• The investigator was able to deduce the crime and find the criminal.调查者能够推出犯罪过程并锁定罪犯。

12 vice   

n.坏事；恶习；[pl.]台钳，老虎钳；adj.副的

参考例句：

• He guarded himself against vice.他避免染上坏习惯。
• They are sunk in the depth of vice.他们堕入了罪恶的深渊。

13 insufficient   

adj.(for，of)不足的，不够的

参考例句：

• There was insufficient evidence to convict him.没有足够证据给他定罪。
• In their day scientific knowledge was insufficient to settle the matter.在他们的时代，科学知识还不能足以解决这些问题。

14 offender   

n.冒犯者，违反者，犯罪者

参考例句：

• They all sued out a pardon for an offender.他们请求法院赦免一名罪犯。
• The authorities often know that sex offenders will attack again when they are released.当局一般都知道性犯罪者在获释后往往会再次犯案。

15 offense   

n.犯规，违法行为；冒犯，得罪

参考例句：

• I hope you will not take any offense at my words. 对我讲的话请别见怪。
• His words gave great offense to everybody present.他的发言冲犯了在场的所有人。

16 forensic   

adj.法庭的，雄辩的

参考例句：

• The report included his interpretation of the forensic evidence.该报告包括他对法庭证据的诠释。
• The judge concluded the proceeding on 10:30 Am after one hour of forensic debate.经过近一个小时的法庭辩论后，法官于10时30分宣布休庭。

17 infamous   

adj.声名狼藉的，臭名昭著的，邪恶的

参考例句：

• He was infamous for his anti-feminist attitudes.他因反对女性主义而声名狼藉。
• I was shocked by her infamous behaviour.她的无耻行径令我震惊。

18 reprieve   

n.暂缓执行（死刑）；v.缓期执行；给…带来缓解

参考例句：

• He was saved from the gallows by a lastminute reprieve.最后一刻的缓刑令把他从绞架上解救了下来。
• The railway line, due for closure, has been granted a six-month reprieve.本应停运的铁路线获准多运行6 个月。

19 arson   

n.纵火，放火

参考例句：

• He was serving a ten spot for arson.他因纵火罪在服十年徒刑。
• He was arraigned on a charge of arson.他因被指控犯纵火罪而被传讯。

20 bin   

n.箱柜；vt.放入箱内；[计算机] DOS文件名:二进制目标文件

参考例句：

• He emptied several bags of rice into a bin.他把几袋米倒进大箱里。
• He threw the empty bottles in the bin.他把空瓶子扔进垃圾箱。