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"Legal Digest" reporter Zhangguan Bin
Not long ago, the State Council Information Office of the People's Republic of China published in 2012, "China's judicial reform," the White Paper newspapers. "White Paper" Part III Section outset:. "Perfect investigation and interrogation system is the inevitable requirement of the rule of law civilization, but also to strengthen the effective supervision of investigation and interrogation, he shall be an important way to protect the legitimate rights and interests of criminal suspects China continue to improve laws to prevent and individual judicial officers to curb torture and other illegal phenomena in the handling of evidence during the "passage to  glimmer of hope -." white paper "right righteous, her son was not on the petition of the end of the day the?
Long way to go
Hunan Qidong people  home, keep a written information like a stack of letters and departments at all levels issued by the Office letter of transfer, the number of about two hundred eighty seven parts, it is estimated will grow. Red seal above impressively in the head. This is the Son He Wenwei since February 2008 was caught running around now Qiumin Hui petition "Harvest." In a few years, these materials may be able to become a research historical evidence. But now, Qiumin Hui most gripping or son's injuries would fall lifelong root cause.
He Wenwei previously been proud parents. He joined the army in 1989, during the military service because of excellent quality has been rewarded troops, joined the Communist Party of China, also became a squad leader. Since  good performance during the troops, retired in 1994 after he was Heyuan City, Guangdong Province, the development of urban credit cooperatives employ, served by the police captain. 2002 National rectify the economic order, credit unions ceased operations, He Wenwei has been left to do in Heyuan agent of Prince milk business.
Before the 2008 Spring Festival,  Qidong back to visit his parents, did not think something was wrong. February 21, He Wenwei was Hengyang City Public Security Bureau of Interpol Shek Kwu its rounded up on suspicion of car theft. 22,chaussures nike tn, Shek Kwu Public Security Bureau announced on He Wenwei criminal detention.
Cause lead Qiumin Hui petition is February 23, 2008 the day,http://www.biology.kyushu-u.ac.jp/~chromosome/gwbbs/gwbbs.cgi, accompanied by several of her relatives at the Hengyang City Public Security Criminal Investigation Brigade Shek Kwu office to  send daily necessities, where she saw the  forehead and facial There are obvious trauma. The next day, Qiumin Hui shigu Procuratorate to reflect this problem.
Is to start from day one that makes  heartbreak, she running in Qidong - Hengyang - Changsha - up and down between Beijing petition reception center at all levels, many times to repeat the experience liberating staff . She had to petition the station at two o'clock waiting Front door Arranging, petitioners had also enjoy being repatriated "treatment." The initial petition month, poor maternal weight this year nearly six-year-old lost 30 kilos.
being caught when his girlfriend Danyun Ying together, so   in for questioning and interrogation room next door. Day Danyun Ying was put out. Qiumin Hui said Danyun Ying told her, from 21 pm to 22 early in the morning, she heard the cries piercing screams He Wenwei, so she gripped the scalp tingle. The next morning she took the opportunity to glance at the toilet next door to the interrogation room, seeing He Wenwei head wearing a dark helmet, forehead bleeding, injured skin has turned blue black, red and swollen legs ......
At 17:00 on the 24th,tn requin,  was sent to Hengyang City First Detention Center, when the surface checklist into the show He Wenwei "double wrist swollen rotten, two parts below the knee swollen head bloodstains, swelling walking Status: Activities by limit. "
February 25, commissioned by  southern Hunan Tanfang Yao Fang Law Firm lawyer issued a "recommendation letter lawyer" to Hengyang Municipal People's Procuratorate,http://www.radiologycases.com/casereports/jrcr-mcq.cgi, the proposed Procuratorate "He Wenwei see their injuries promptly asked to determine whether police investigation of crimes behavior, "but there is no feedback.
In order to protect his son, the mother suffers embarked on a long road petition, now almost five years.
Courtyard deep
He Wenwei being held at Shek Kwu Criminal Brigade in the few days what happened,parajumpers jakke salg?
There is a court dossier defense lawyer  met  transcripts in Shek Kwu Criminal Investigation Police,http://www.cbyd.com.cn/news/html/?6107.html,louboutin pas cher, accompanied by production time is April 30, 2008 morning. The transcripts in more detail recorded He Wenwei nightmarish memories:
...... I was interrogated at Shek Kwu District Criminal Investigation Brigade third interrogation room. ...... I was facing away from the window was handcuffed with his hands, and was a strong open arms. Because handcuffs on my left one on the wall about 2 m long steel pipe, right handcuffs on a movable (about 200 pounds) concrete barrier, they used forced labor to move the concrete barrier will cause me double my hands open wrist injury. Currently hands still numb, eating right is not easy, shoulders often pain, cervical nor comfortable. They hit with batons and a round wooden leg in front of me,http://112.124.18.97:8080/read.php?tid=857474&ds=1, my two-leg now or swollen ...... I almost did not sleep at Shek Kwu Criminal Investigation Brigade of sleep over three days, they took turns questioning me would not let me sleep ......
Counsel also was photographed, visible scars He Wenwei wrist on the image.
Shek Kwu Public Security Bureau of Interpol Battalion of  interrogation transcripts show that from at 16:36 on February 21, 2008 beginning at 22 to 22 days 30 hours 36 minutes and ended in a total of six police officers turn on  arraigned 9 times interval majority of only 20 minutes or so. Interrogation transcripts in recorded  confession: he admitted from November 2006 to the end of the 2007 year, and has been serving in the same army Hsieh Yu ice together many cars stolen in one of the first interrogation, confessed himself He Wenwei car theft more than 20 vehicles.
Interrogation transcripts as evidence to be submitted to the Hengyang City Intermediate People's Court. Although courts  retracted in court, defense lawyer also pointed out that the police illegal means to extract confessions, but the judge will not be identified. After the trial, the court found Hsieh Yu Bing, He Wenwei two co-theft car 7. January 10,basket requin pas cher, 2009, Hengyang City Intermediate People's Hsieh Yu Bing, He Wenwei guilty of theft and sentenced to life imprisonment and imprisonment for two years.
He Wenwei first instance verdict appeal. April 17, 2009, the Hunan Provincial High Court ruling upheld the conviction. He Wenwei into a prison sentence.
He Wenwei jail after continuous complaints, get prison terms of attention. August 3, 2011, the legal department of Hunan Yongzhou prison medical records will He Wenwei material sent Yongzhou Xiaoxiang forensic identification. April 12, 2012, issued by Yongzhou Xiaoxiang forensic expert opinion confirming He Wenwei injury "constitutes a minor injury," May 10, confirmed He Wenwei reach nine disabled.
A lot of doubt
From "Legal Digest" reporter grasp the merits of the material to see, He Wenwei hidden behind a lot of suspicious circumstances surrounding the case.
Doubt one, Hengyang and the North Sea two police investigators on how to find clues to explain why He Wenwei crime difficult to justify?
Hengyang City Public Security Bureau of Criminal Investigation Brigade in Shek Kwu September 11, 2008 issued a "note" in the claims, accomplice Hsieh Yu ice on January 16, 2008 for their involvement in the theft of vehicle crime in Beihai arrested by local public security organs, after Hengyang City, Hunan Province was transferred to. "Hengyang public security organs according to the road surveillance video, the vehicle is locked crime Maple car, locked the  clues from the car."
Shek Kwu Branch "note" Some evasive, because Hsieh Yu was transferred Hengyang ice time is late April 2008, while grasping  is February 21. In other words, the transfer Hsieh Yu-ice and "locked"  not associated in time; and Shek Kwu kept the police admit to "lock He Wenwei" road surveillance video, but still do not show, the first instance trial defense lawyers have requested the transfer of the evidence, but the court has not been adopted.
Seems to support Hunan counterparts saying, Beihai City Public Security Bureau of Criminal Investigation Detachment Third Brigade November 5, 2008 issued a "note", said: Beihai police in January 15, 2008 arrested Hsieh Yu Bing, "At the trial, Hsieh Yu Bing also initially confessed, together with others (refer  - Reporters note) in Hengyang, Hunan and other places to steal many cars facts of the crime ...... late February 2008, Shek Kwu Hunan Hengyang City Public Security Bureau of Criminal Investigation Team arrested Hsieh Yu Bing calls asking if I team conducted a feedback about the case, that is sent to the North Branch of Shek Kwu Hsieh Yu ice for a detailed interrogation .2008 April, should Hengyang police request, I would suspect Hsieh Yu brigade ice transfer Hunan Hengyang City Public Security Bureau Bureau of Criminal Investigation Brigade shigu deal. "Beihai Municipal Public Security Bureau of Criminal Investigation Detachment Third Brigade" note "Hsieh Yu-ice with their interrogation transcripts produced contradictory. Hsieh Yu Bing on January 17, 2008 to the 19th in the North Sea received three interrogation, interrogation transcripts in these three years, he did not mention that he had a common car theft in Hengyang and . Moreover, Zheng Hua Beihai City Public Security Bureau submitted to the North Sea's Procuratorate on April 18,air jordan 4 femme, 2008, Hsieh Yu-ice suspicion of theft crimes "prosecution submissions", also mention Hsieh Yu Bing in Hengyang together with others to steal a car.
After the usual, the public security organs concluded its investigation of the case that the criminal facts are clear, the evidence is reliable and sufficient, shall be investigated for criminal suspects before the production of "prosecution submissions,peuterey italia," at the same level People's Procuratorate for examination and prosecution. According to judgment until Submit "prosecution submissions",air max tn requin pas cher, the North Sea, the police had failed to grasp Hsieh Yu Bing in Hengyang and He Wenwei crime "facts of the crime."
Shek Kwu Hengyang Public Security Bureau claimed that "clues from the car locked ", but do not provide evidence of road surveillance video; Beihai City Criminal Investigation Detachment Third Brigade claimed that "at trial, Hsieh Yu Bing also initially confessed, together with others in Hengyang, Hunan and other places theft crime that "many cars, but only in the interrogation record no word. Two police are trying to prove because the ice was caught Hsieh Yu chase out He Wenwei, but can not justify, in which what is hiding something?
In fact, it is easy to figure out the doubt, as long as the police show shigu to "lock the vehicle is Maple car crime" and "road surveillance video" on the line, but I do not know what the reason,basket requin pas cher, the police always refused to Shek Kwu out.
As we all know, there is no reason to love the world, there is no reason to hate. Police Hsieh Yu-ice theft and He Wenwei "bundled" together for what purpose? March 17, 2008,abercrombie femme, "Hengyang Daily" published a story titled "number of major cases have been solved," the news might be able to explain some questions: "...... Shek Kwu Public Security Bureau of Criminal Investigation Brigade after careful investigation more than two months, successfully cracked a large inter-provincial auto theft cases were arrested suspects , tools of crime seized a car. has been verified in the vehicle involved more than 30 vehicles,http://237.newfine.net/home.php?mod=spacecp&ac=blog&blogid=, involving more than 600 million yuan worth ...... "read between the lines, grandiose feelings vividly paper on.
Doubt two, prosecutors alleged torture of the public security investigation Why screeching halt?
Day  was arrested after  to Shek Kwu District People's Procuratorate filed a complaint the next day  lawyer also submitted "Lawyers proposal" to Hengyang Municipal People's Procuratorate. In fact it was not indifferent to the functional departments. Shek Kwu District Procuratorate Anti-ditch Bureau promptly conduct investigations. According  statement about March 2, Shek Kwu Procuratorate prosecutors do their detailed interrogation transcripts, to his wound took more than 20 photos, also produced a CD-ROM allows  signature sealed. March 4, Hengyang Municipal People's Procuratorate to 2008 No. 38 forensic books, confirmed He Wenwei body injury as minor injuries.
At this point, the real situation seemed to get to the bottom, nothing was expected Shek Kwu Procuratorate attitude suddenly changes. May 21, apparently for the first time to deny the conclusions of forensic purposes, Shek Kwu Procuratorate prosecutor to bring He Wenwei Forensic Center in Hengyang Renji do a second forensic, concluded that "no significant damage . " So shigu Procuratorate will "due to lack of evidence, Hengyang Public Security Bureau of Criminal Investigation Brigade shigu alleged torture case of not filing."
Qiumin Hui After waiting nearly two years, until May 10, 2010, Shek Kwu Procuratorate was issued a "notice of not filing," and "Shek Kwu Bureau of Criminal Investigation Brigade does not meet filing standards" and decided not to file. Qiumin Hui course, refused to accept the Shek Kwu District Prosecutor's request for reconsideration. Shek Kwu Procuratorate June 18, 2010 to "initiate reconsideration decision not satisfied" that: 1,  injury is an objective reality; 2,  injury is to send in prison after arrest before the formation of this phase ; 3, the Court Union City School Board anti-ditch anti-ditch twice bureau of public security for all investigators for questioning, was asked to deny He Wenwei body injuries per capita was tortured during interrogation and line where self-injury caused by both evidence between conflicting and can not be identified. Therefore, the current evidence does not confirm that He Wenwei body injury is caused by torture.
Regardless of the decision not to file is not intended shigu Procuratorate Anti-ditch Bureau investigators, who practices in any case can not be said to be conscientiously perform their duties. Neither the prosecutor to verify the situation He Wenwei reflect, nor ask another insider, even  injury also turned a blind eye, just relying on "public security for all investigators for questioning,chaussures jordan pas cher, was asked to deny He Wenwei body injuries per capita in Department of torture during interrogations and how self-injury caused ",http://www.doauniversity.com/forum/activity, it made a" Shek Kwu Bureau of Criminal Investigation Brigade does not meet filing standards, "the decision, which is clearly not the level of prosecutors handling the case should not comply with the rules of prosecutors handling the case. Just think, if the object is not shigu Police checked the Interpol but the common people,http://www.ruralnet.or.jp, prosecutors have been investigating possible because people deny it trouble you?
Third doubt, the judge treated the case of the prosecution and defense to provide evidence  Why use a double standard?
When hearing the case, the public prosecutor submitted to the court to prove that He Wenwei alleged theft only direct evidence Hsieh Yu ice and  confessions. Originally, because the locations were identified cases occurred mostly in hotels, restaurants, hospitals, parking These are generally installed surveillance cameras in place, crime scene surveillance video can be used as direct evidence, I do not know for what reasons, the investigating authorities These videos do not transfer information to the prosecutor, so the court the defendant was unable to cross-examine these direct evidence. And because Hsieh Yu Bing and  both said they had been forced admissions, so to prove the effectiveness of the two statements is not strong. It would appear that He Wenwei theft lack of direct evidence to prove it.
Indirect evidence submitted by the prosecutor did not form a closed chain of evidence. For example fence Who? Stolen money used in the where? Stolen vehicle report time, vehicle status and evidence of why the investigating authorities do not match? He was, Xie two defendants thrown reservoir stolen vehicle license plate and tools of crime why not find? On these issues the evidence provided by the police and Shek Kwu statements  not confirm each other,moncler official site, so the judge's decision made pursuant to the use of circumstantial evidence against the verdict rules should be followed.
In sharp contrast, Shek Kwu police accused party raises for the use of illegal means to obtain confessions He Wenwei defense opinions, although the defendant provided the forensic identification of the book, the detention center into the surface checklist, injury photographs, statements by the parties, etc. evidence, the court agreed that the evidence can not prove He Wenwei body injury is formed by torture, were not adopted. That there is a strange phenomenon - a judge on the evidence provided by the prosecutor and the defendant took a double standard: all of the favorable evidence to prove guilt of the accused, the court has adopted all of the evidence to prove guilt of the accused unfavorable, judges excluded, the fairness of this decision can be imagined.
The just-concluded 18th National Party to the 2020 proposed building a moderately prosperous society in the new requirements, including the rule of law is a new goal: "the basic strategy of the full implementation of the rule of law, rule of law, the government basically completed,http://szbbs.sznews.com/home.php?mod=spacecp&ac=blog&blogid=, and continuously improve the credibility of the judiciary, human rights are truly respected and protection. "He Wenwei certainly can not wait that time on his sentence was released from prison. Today, He Wenwei elderly mother Qiumin Hui petition still crept along the road, to make every effort to give her son to seek justice. The very understanding of his son's mother, told reporters temper mettle repeatedly said that her biggest concern is that if his son's lack of timely treatment of injuries and sequelae, there is no guarantee will not bring his son mental trauma. It's hard to imagine her future son's idea of ​​what changes will happen, will give future social stability planted a hidden danger?
Source: Legal News Digest