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May 20, 2010

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Provincial justice suspended

A PROVINCIAL court chief justice in central China has been suspended over a case in which a man spent 11 years in jail after being tortured into confessing to a murder he did not commit, a court official said yesterday.

Henan Province Chief Justice Hu Ye is among four judges and three police officers under investigation in the case of Zhao Zuohai, who was released from prison this month several days after the man he was convicted of killing reappeared alive.

Hu had reviewed Zhao's conviction and approved his suspended death sentence, according to a clerk at the Henan Higher People's Court's office of supervision, who identified herself only as Ms Wang. She declined to say what specific infraction Hu is being investigated over.

Zhao, now 57, was arrested in 1999 after a neighbor disappeared following an argument between the two. A headless body believed to be the other man was later found. Zhao says he confessed only after police beat him and deprived him of sleep over several days of interrogation.

After he went to prison, Zhao's wife remarried and two of his children were adopted by her new husband. The other two children left home to work as migrant laborers. Since his release, Zhao has been awarded US$96,000 in government compensation from judicial officials.

Chinese police are under intense pressure to close cases quickly and coercing confessions is seen as a convenient alternative to investigative work for which officers lack the training and equipment.

Two of the officers in the Zhao case have been accused of torturing him and have been detained. Their families reportedly said they were ordered to carry out the abuse by their superior officer at the time. A third officer under investigation remains free.

Confessions receive enormous weight in court, virtually guaranteeing conviction, and it wasn't clear in what way the judges involved in the case could be found liable.

The other three judges under investigation, Zhang Yunsui, Hu Xuanmin and WeiXinsheng, had presided at Zhao's trial in Henan' Shangqiu City and passed the suspended death sentence on him.

In recent years, steps have been taken to address torture, partly by releasing guidelines that identify specific acts of abuse for which police can be prosecuted. Last year, China pledged to clamp down on violence against inmates, with the Public Security Ministry saying nearly 1,800 policemen were suspended over such incidents.




 

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