(more signatures will be added later)
-------------------------------------------------------------------------------------------
PS: more than 1000 people have signed the open letter. Please refer to Petition website and Sohu Blog in Chinese.
An Open Letter to the PRC Ministry of Justice, Ministry of Public Security, Supreme People’s Procuratorate and Supreme People’s Court
Case: The case of homicide at Shanghai Public Security Bureau Zhabei Branch July 1, 2008
Invoking:
1. Press release of Shanghai Public Security Bureau on July 7, 2008
2. Indictment by the Second Branch of Shanghai Municipal People's Procuratorate ([2008] No. 123)
3. Shanghai Criminal Verdict by the Second Intermediate People's Court of Shanghai ([2008] No. 99)
4. Criminal Ruling by the Shanghai Higher People's Court ([2008] No. 131)
Annex: Analysis of the Yang Jia case
People's Republic of China
Department of Justice,
The Ministry of Public Security,
The Supreme People's Procuratorate and
The Supreme People's Court,
A vicious manslaughter took place in the building of Shanghai Public Security Bureau, Zhabei Branch on July 1, 2008, killing six police officers and injuring four. At 9:40 AM, Mr. Yang Jia, a resident of Beijing, climbed along staircase to the 21st floor where the Inspector’s Office is located to inquire about the result of his complaint. At 9:45 AM, a physical confrontation occurred between Yang and the police, and he was then brought to a special interrogation room on the second floor. Mr. Yang Jia insisted that he would not reply to any questions without the presence of a lawyer. As was revealed to the press by the government legal adviser who was ordered to come by the Zhabei Procuratorate and Xie Youming who later became Mr. Yang Jia’s defense counsel, the interrogation lasted for two hours, but neither side had ever mentioned the case of manslaughter.
Police of Zhabei hurried to clear and clean the scene until midnight and on July 2 the offices resumed open to public.
On July 4, the detection of the case was declared completed and was transferred to the Second Branch of Shanghai Municipal People's Procuratorate. On July 7, the Shanghai Municipal Public Security Bureau held a press conference, saying that the killing of the policemen on July 1 was voluntarily done by Mr. Yang Jia in revenge.
On July 17, the Second Branch of the Shanghai Municipal Procuratorate filed a persecution against Mr. Yang Jia on suspicion of voluntary manslaughter of the police.
On July 23, six police officers were cremated.
On September 1, Shanghai Second Intermediate People's Court sentenced Yang Jia to death on the charge of voluntary manslaughter.
Mr. Yang Jia refused to accept the sentence so he filed an appeal.
On October 20, the Shanghai Municipal Higher People's Court rejected the appeal and upheld the death sentence. The case was then reported to the Supreme People's Court for review.
According to the judicial documents and a large number of media exposure, we maintained that the proceedings of the detection, indictment and trail of the case is a serious breach of the relevant provisions of "the Law of Criminal Procedure of the People's Republic of China".
Contrary to the rule of challenge defined by Item 4 of Article 28 in the "Criminal Procedure Law of the People's Republic of China", the detection was done by the Public Security Bureau Zhabei Branch which is also the target of the killing and the whole process of detection was even under the charge of one of the victims – the deputy Party Sectary of the Discipline Inspection of the Branch Bureau. The collection of testimonies of witnesses is illegal and self-contradictory. There are many faults in the legal examination of the crime scene and forensic evidences. The crime scene was quickly cleared and cleaned. No DNA and fingerprint identifications have ever been made on the suspected criminal or on the witnesses, particularly the colleagues of the dead. Four senior police officers on the first floor were stabbed to death but none of their colleagues have ever given any testimony – an obvious point of suspicion of this case.
The public prosecutor, the Second Branch of the Shanghai Municipal People's Procuratorate, involved in the detection of the case and designated Mr. Xie Youming, the legal adviser of the Zhabei Government as the defense counsel of the suspect Mr. Yang Jia. The public prosecutor also sent Mr. Xie to the Compulsory Treatment Administration of Beijing Municipal Public Security Bureau where Mrs. Wang Jingmei, mother of Mr. Yang Jia, was under compulsory treatment and forced her to sign on the Power of Attorney. In addition, the public prosecutor refused the defense counsel hired by Mr. Yang Fusheng, father of Mr. Yang Jia, and did not allow Mr. Yang Fusheng to meet with Yang Jia. All these are in violation of item 10 of "The Regulations Regard to the Implementation of the Law of Criminal Procedure by the Supreme People's Court, Supreme People's Procuratorate, the Ministry of Public Security, Ministry of State Security, Ministry of Justice, and Commission of Legislative Affairs of the NPCSC.”
Both trial courts did not review the major evidences, or summon most of the witnesses, in particular the main witnesses, or verify the Inspection Report (No.2008-0091) by the Criminalistics Examination Center of Shanghai Public Security Bureau and the Record of On-Spot Inspection by the Shanghai Municipal Public Security Bureau (No. 2008-0069) and by Shanghai Public Security Bureau Zhabei Branch (No. 2008-1841). Nor did the courts answer the critical question raised by the accused: "How can you prove that the man wearing a mask is me, Yang Jia?"
In view of the insufficiency of evidence in accusing Yang Jia on the charge of voluntary manslaughter, we demand the immediate release of the accused.
In view of the transgressions committed by the Shanghai Municipal Public Security Bureau, Procuratorate Bureau and Justice Bureau in the detection, the indictment and trial of this case, we urge the Central Ministries to investigate and deal with their respective subordinates, remove from office those who failed to perform their duty properly and punish those who violated the law.
In view of the complexity of the case, we hope the Chinese government could deal with it seriously. A special group should be set up to re-detect this case, so that the truth could be brought out to the public.
With best regards,
WANG Rongfen, SHAO Jiang, HU Ping, ZHONG Weiguang, HUAN Xuewen
Cc: National People's Congress and the State Council, the United Nations Human Rights Council, the European Parliament Commission on Human Rights, Amnesty International, and non-governmental organizations around the world
November 20, 2008
Invoking:
1. Press release of Shanghai Public Security Bureau on July 7, 2008
2. Indictment by the Second Branch of Shanghai Municipal People's Procuratorate ([2008] No. 123)
3. Shanghai Criminal Verdict by the Second Intermediate People's Court of Shanghai ([2008] No. 99)
4. Criminal Ruling by the Shanghai Higher People's Court ([2008] No. 131)
Annex: Analysis of the Yang Jia case
People's Republic of China
Department of Justice,
The Ministry of Public Security,
The Supreme People's Procuratorate and
The Supreme People's Court,
A vicious manslaughter took place in the building of Shanghai Public Security Bureau, Zhabei Branch on July 1, 2008, killing six police officers and injuring four. At 9:40 AM, Mr. Yang Jia, a resident of Beijing, climbed along staircase to the 21st floor where the Inspector’s Office is located to inquire about the result of his complaint. At 9:45 AM, a physical confrontation occurred between Yang and the police, and he was then brought to a special interrogation room on the second floor. Mr. Yang Jia insisted that he would not reply to any questions without the presence of a lawyer. As was revealed to the press by the government legal adviser who was ordered to come by the Zhabei Procuratorate and Xie Youming who later became Mr. Yang Jia’s defense counsel, the interrogation lasted for two hours, but neither side had ever mentioned the case of manslaughter.
Police of Zhabei hurried to clear and clean the scene until midnight and on July 2 the offices resumed open to public.
On July 4, the detection of the case was declared completed and was transferred to the Second Branch of Shanghai Municipal People's Procuratorate. On July 7, the Shanghai Municipal Public Security Bureau held a press conference, saying that the killing of the policemen on July 1 was voluntarily done by Mr. Yang Jia in revenge.
On July 17, the Second Branch of the Shanghai Municipal Procuratorate filed a persecution against Mr. Yang Jia on suspicion of voluntary manslaughter of the police.
On July 23, six police officers were cremated.
On September 1, Shanghai Second Intermediate People's Court sentenced Yang Jia to death on the charge of voluntary manslaughter.
Mr. Yang Jia refused to accept the sentence so he filed an appeal.
On October 20, the Shanghai Municipal Higher People's Court rejected the appeal and upheld the death sentence. The case was then reported to the Supreme People's Court for review.
According to the judicial documents and a large number of media exposure, we maintained that the proceedings of the detection, indictment and trail of the case is a serious breach of the relevant provisions of "the Law of Criminal Procedure of the People's Republic of China".
Contrary to the rule of challenge defined by Item 4 of Article 28 in the "Criminal Procedure Law of the People's Republic of China", the detection was done by the Public Security Bureau Zhabei Branch which is also the target of the killing and the whole process of detection was even under the charge of one of the victims – the deputy Party Sectary of the Discipline Inspection of the Branch Bureau. The collection of testimonies of witnesses is illegal and self-contradictory. There are many faults in the legal examination of the crime scene and forensic evidences. The crime scene was quickly cleared and cleaned. No DNA and fingerprint identifications have ever been made on the suspected criminal or on the witnesses, particularly the colleagues of the dead. Four senior police officers on the first floor were stabbed to death but none of their colleagues have ever given any testimony – an obvious point of suspicion of this case.
The public prosecutor, the Second Branch of the Shanghai Municipal People's Procuratorate, involved in the detection of the case and designated Mr. Xie Youming, the legal adviser of the Zhabei Government as the defense counsel of the suspect Mr. Yang Jia. The public prosecutor also sent Mr. Xie to the Compulsory Treatment Administration of Beijing Municipal Public Security Bureau where Mrs. Wang Jingmei, mother of Mr. Yang Jia, was under compulsory treatment and forced her to sign on the Power of Attorney. In addition, the public prosecutor refused the defense counsel hired by Mr. Yang Fusheng, father of Mr. Yang Jia, and did not allow Mr. Yang Fusheng to meet with Yang Jia. All these are in violation of item 10 of "The Regulations Regard to the Implementation of the Law of Criminal Procedure by the Supreme People's Court, Supreme People's Procuratorate, the Ministry of Public Security, Ministry of State Security, Ministry of Justice, and Commission of Legislative Affairs of the NPCSC.”
Both trial courts did not review the major evidences, or summon most of the witnesses, in particular the main witnesses, or verify the Inspection Report (No.2008-0091) by the Criminalistics Examination Center of Shanghai Public Security Bureau and the Record of On-Spot Inspection by the Shanghai Municipal Public Security Bureau (No. 2008-0069) and by Shanghai Public Security Bureau Zhabei Branch (No. 2008-1841). Nor did the courts answer the critical question raised by the accused: "How can you prove that the man wearing a mask is me, Yang Jia?"
In view of the insufficiency of evidence in accusing Yang Jia on the charge of voluntary manslaughter, we demand the immediate release of the accused.
In view of the transgressions committed by the Shanghai Municipal Public Security Bureau, Procuratorate Bureau and Justice Bureau in the detection, the indictment and trial of this case, we urge the Central Ministries to investigate and deal with their respective subordinates, remove from office those who failed to perform their duty properly and punish those who violated the law.
In view of the complexity of the case, we hope the Chinese government could deal with it seriously. A special group should be set up to re-detect this case, so that the truth could be brought out to the public.
With best regards,
WANG Rongfen, SHAO Jiang, HU Ping, ZHONG Weiguang, HUAN Xuewen
Cc: National People's Congress and the State Council, the United Nations Human Rights Council, the European Parliament Commission on Human Rights, Amnesty International, and non-governmental organizations around the world
November 20, 2008
If you wish to support the open letter in English, please send you name, country or city of residency, affiliation or profession, to wangrongfen44@googlemail.com, or t.shaojiang@gmail.com
(more signatures will be added later)
-------------------------------------------------------------------------------------------
PS: more than 1000 people have signed the open letter. Please refer to Petition website and Sohu Blog in Chinese.
Posts
No comments:
Post a Comment