Mongolian Executed For Rape, Murder Found Not Guilty - After 18 Years

[Koovie]

Thats why the death penalty should be reserved to the most brutal and rarest crimes.

 

[dlclong]

The person is dead. He was innocent. $4500 USD compensation is not much. A failed justice system, the only justification for this is murder.

4500 dollars is the court granted, it is not the state compensation. In 2001, a man Zhao Zuohai, wrongfully sentenced to eleven years in jail, finally, give 650000 yuan of funds for state compensation. In this case, should at least million yuan compensation
.
In addition, don't say system, all countries have misjudged， this kind of thing. Some time ago read a American news, an American in prison for decades, was acquitted.

 

[frequency]

4500 dollars is the court granted, it is not the state compensation. In 2001, a man Zhao Zuohai, wrongfully sentenced to eleven years in jail, finally, give 650000 yuan of funds for state compensation. In this case, should at least million yuan compensation
.
In addition, don't say system, all countries have misjudged， this kind of thing. Some time ago read a American news, an American in prison for decades, was acquitted.

Thanks tip. Obviously. And don't tell me what to do.

 

[Okemos]

That's where China is taking the wrong turn. Organ harvesting from executed prisoner should be mandatory and legal. The main problem is the process that it should be transparent and non-profit. Yes, there will be wrong convictions in any system, but to do away with death penalty or organ harvest because of that would be like to stop eating because there is a risk of choking.

You are disgusting to even suggest that executed prisoners should give away organs for free, or to use a rather horrifying term, organ harvesting! You cannot deny that China's judicial system is immature and has lots of loopholes. What mechanism in place that can prevent judges from sentencing people to death in order to get organs? let alone corrupted judges that have financial incentives, even honest judges now will think they are doing the country a service to just sentence people to death so people can get free organs. I believe that's what happened. Before people make any comments, try to put yourself in other's shoes and how you will react if you are wrongly accused and then get sentenced to death so some poor soul can get your organs. Disgusting.

But overall, I think any judicial system has wrong executions. It is always a good step to acknowledge human errors. The next step is to further tighten death sentencing, which China has already done. Death rows have to be approved by the highest court.

Also why is this news? I read this news like months ago or even about a year ago. gee. I have no idea how foreign media gets their news and how credible their news is with regard to China. lol

 

[Beast]

You are disgusting to even suggest that executed prisoners should give away organs for free, or to use a rather horrifying term, organ harvesting! You cannot deny that China's judicial system is immature and has lots of loopholes. What mechanism in place that can prevent judges from sentencing people to death in order to get organs? let alone corrupted judges that have financial incentives, even honest judges now will think they are doing the country a service to just sentence people to death so people can get free organs. I believe that's what happened. Before people make any comments, try to put yourself in other's shoes and how you will react if you are wrongly accused and then get sentenced to death so some poor soul can get your organs. Disgusting.

But overall, I think any judicial system has wrong executions. It is always a good step to acknowledge human errors. The next step is to further tighten death sentencing, which China has already done. Death rows have to be approved by the highest court.

Also why is this news? I read this news like months ago or even about a year ago. gee. I have no idea how foreign media gets their news and how credible their news is with regard to China. lol

I don't think he suggested the organs shall be given cheaply but with an open and transparent manner without profit involved. Imagine executed kidney can save poor kidney patient or people who need lung transplant. How wonderful that will be?

 

[Okemos]

I don't think he suggested the organs shall be given cheaply but with an open and transparent manner without profit involved. Imagine executed kidney can save poor kidney patient or people who need lung transplant. How wonderful that will be?

Even organs being donated in transparent and open manner is still dangerous. As I explained above, judges can have different motivations. Corrupted judges are for selfish interest and profit, while so called honest judges are for their lofty ideals and humanitarian reasons as you suggested. This motivation clouds judge's minds and will motivate them to find even innocent people guilty or not giving as much scrutiny as should be. Humanitarianism is no reason to kill one person for another's benefit. Would you be the person who was wrongly accused and then wrongly sentenced to death so a poor soul can get your kidney?

 

[Beast]

Even organs being donated in transparent and open manner is still dangerous. As I explained above, judges can have different motivations. Corrupted judges are for selfish interest and profit, while so called honest judges are for their lofty ideals and humanitarian reasons as you suggested. This motivation clouds judge's minds and will motivate them to find even innocent people guilty or not giving as much scrutiny as should be. Humanitarianism is no reason to kill one person for another's benefit. Would you be the person who was wrongly accused and then wrongly sentenced to death so a poor soul can get your kidney?

That is why is open and transparent. They are plenty of area that can be implemented to ensure a far system. First, how do the judge knows which organ goes to which patient?

 

[Screambowl]

this news shook me seriously.

 

[Okemos]

That is why is open and transparent. They are plenty of area that can be implemented to ensure a far system. First, how do the judge knows which organ goes to which patient?

You still don't get it. Read my post carefully. Being impartial is keystone of being a judge, even if killing a person might be warranted for greater good, but that's not the judge's job. Open and transparent system is only good to curb corruption, but humanitarianism or lofty ideals also cloud people's impartiality. i.e. religious wars, communist revolutions etc,

 

[Zsari]

You are disgusting to even suggest that executed prisoners should give away organs for free, or to use a rather horrifying term, organ harvesting! You cannot deny that China's judicial system is immature and has lots of loopholes. What mechanism in place that can prevent judges from sentencing people to death in order to get organs? let alone corrupted judges that have financial incentives, even honest judges now will think they are doing the country a service to just sentence people to death so people can get free organs. I believe that's what happened. Before people make any comments, try to put yourself in other's shoes and how you will react if you are wrongly accused and then get sentenced to death so some poor soul can get your organs. Disgusting.

Remove the financial incentive, and there is no reason for a judge to sentence anyone to death just for the purpose of organ harvesting, not to mention any such process would require multiple judges.

 

[hans]

It is the first money from the court.
Their family can apply for national compensation, which is calculated to be around 1M RMB or 167K USD.
Also there is investigation for the judge and policeman will start..
Around 20 years ago, China society is not very stable, with lots of crime.
A lot of people are executed for crimes that will not be executed today..
That is a special time...

It's a good thing that China (very recently) ruled organ harvesting from prisoners as illegal.

China to end harvesting organs from executed prisoners - CNN.com

Too little, too late for that poor Mongolian guy. But the government should definitely compensate his family more than a measly 4500 bucks! Cheap bastards.

 

[Ruisheng]

You are disgusting to even suggest that executed prisoners should give away organs for free, or to use a rather horrifying term, organ harvesting! You cannot deny that China's judicial system is immature and has lots of loopholes. What mechanism in place that can prevent judges from sentencing people to death in order to get organs? let alone corrupted judges that have financial incentives, even honest judges now will think they are doing the country a service to just sentence people to death so people can get free organs. I believe that's what happened. Before people make any comments, try to put yourself in other's shoes and how you will react if you are wrongly accused and then get sentenced to death so some poor soul can get your organs. Disgusting.

But overall, I think any judicial system has wrong executions. It is always a good step to acknowledge human errors. The next step is to further tighten death sentencing, which China has already done. Death rows have to be approved by the highest court.

Also why is this news? I read this news like months ago or even about a year ago. gee. I have no idea how foreign media gets their news and how credible their news is with regard to China. lol

"What mechanism in place that can prevent judges from sentencing people to death in order to get organs?", in order to get organs? What forced you to think that way? What forced you to link this re judgement to organ harvesting? Interestingly, I know one kind of people who always try to mislead the topic to the organ harvesting story, and that is the cult Falun Gong, which is a anti-CCP organization supported by US.

 

[Ruisheng]

You are disgusting to even suggest that executed prisoners should give away organs for free, or to use a rather horrifying term, organ harvesting! You cannot deny that China's judicial system is immature and has lots of loopholes. What mechanism in place that can prevent judges from sentencing people to death in order to get organs? let alone corrupted judges that have financial incentives, even honest judges now will think they are doing the country a service to just sentence people to death so people can get free organs. I believe that's what happened. Before people make any comments, try to put yourself in other's shoes and how you will react if you are wrongly accused and then get sentenced to death so some poor soul can get your organs. Disgusting.

But overall, I think any judicial system has wrong executions. It is always a good step to acknowledge human errors. The next step is to further tighten death sentencing, which China has already done. Death rows have to be approved by the highest court.

Also why is this news? I read this news like months ago or even about a year ago. gee. I have no idea how foreign media gets their news and how credible their news is with regard to China. lol

And I further confirmed my conclusion after reading your former comments. Emm, anti Tibet policy, anti Olympic Games, stupid CCP, ban China's state owned enterprises, no single positive word towards China. Ridiculous right? Even American people sometimes have to admit China is good at some aspect...

 

[biendong]

his mother.

 

[dlclong]

http://
news.sina.com.cn/c/2014-12-16/044031289038.shtml [video]
昨日，呼格吉勒图的父母揣着无罪判决书的复印件来到儿子坟前祭奠。　/新华社
　　


　　没来由遭刑宪受此磨难，看起来老天爷不辨愚贤。

　　良善家为什么遭此天谴？作恶的为什么反增永年？

　　坟场上一个个泪流满面，都道说他呼格死得可怜。

　　眼睁睁老娘亲难得相见，怎叫人不拍案怒问当年！！

　　(选自京剧名段 《六月雪·法场》唱词，编者略有改动)

　　据新华社呼和浩特 12月15日电

　　内蒙古自治区高级人民法院15日上午就呼格吉勒图案再审结果召开新闻发布会，向社会通报案件审理结果以及相关工作的后续安排。

　　通报说，本案因呼格吉勒图的父母申诉，内蒙古高院于11月19日决定启动再审程序，并另行组成合议庭，依法进行审理。审理中，申诉人要求尽快公平公正对本案作出判决。辩护人辩称，原判事实不清，证据不足，应宣告呼格吉勒图无罪。检察机关认为，原判决认定呼格吉勒图构成故意杀人罪、流氓罪的事实不清，证据不足，应通过再审程序，作出无罪判决。

　　“呼格吉勒图案对我们的教训是痛心的、深刻的，对不起。”8时30分，内蒙古高级人民法院常务副院长赵建平带队，将案件再审判决书送到呼格吉勒图父母手中。他深鞠一躬，真诚道歉，对呼格吉勒图的错判并被执行死刑深感痛心。

　　呼格吉勒图的父亲李三仁和母亲尚爱云颤抖着接过法律文书，逐字默读，空气霎时凝固。稍许沉默后，62岁的尚爱云再也抑制不住内心强烈的情感，一把热泪淌了满脸：“终于等到这一天了！儿子，你清白了！”

　　“这些年太难了！不过，好心人关心和帮助，鼓励我们坚持下来。”尚爱云说，她曾受到记者、律师、警察、检察官、法官的援助，还得到邻居们的安慰。人群散去后，两位老人穿上棉袄，把无罪判决书的复印件揣在胸口，赶赴儿子坟前，用中国最传统的烧纸祭奠方式，告慰含冤18年的儿子。

　　当年部分参与办案人员名单

　　●冯志明 时任呼和浩特新城区公安分局副局长

　　●刘旭 时任刑警队长

　　●任俊林、赵月星 时任刑警队副队长

　　●彭飞 当年负责此案的检察官

　　●苏明 一审的审判长

　　●宫静、呼尔查 一审的代理审判员

　　●杨小树 终审的审判长

　　●王智 时任呼和浩特市公安局局长

　　当年所有“有功之人”有责必究，有错必罚

　　内蒙古自治区高院新闻发言人李生晨在昨日的新闻发布会上表示，自治区党委已责成有关部门组成调查组就错案责任问题调查，总的原则是，实事求是，有责必究，有错必罚。据《法制晚报》报道，内蒙古公安厅已在本月初组成由副厅长张有恩担任领导的调查组，开始依法调查“呼格吉勒图案”当年所有参与办案的警员。

　　根据《呼和浩特晚报》1996年4月的一篇报道线索，当时参与办案的部分警员包括：时任呼和浩特新城区公安分局副局长的冯志明、刑警队长刘旭、刑警队副队长任俊林、赵月星等人。

　　有媒体报道，1996年5月23日，呼格吉勒图案开庭审理，检方以“流氓罪”和“故意杀人罪”两项罪名对呼格吉勒图提起公诉。当年负责此案的检察官名叫彭飞。

　　经过审理，呼和浩特中级人民法院做出一审判决，“被告人呼格吉勒图犯故意杀人罪，判处死刑，剥夺政治权利终身，犯流氓罪判处有期徒刑五年。决定执行死刑，剥夺政治权利终身。”在审判书上，留下了审判长苏明、代理审判员宫静、代理审判员呼尔查的名字。

　　6月5日，内蒙古自治区高级人民法院做出终审判决，“驳回上诉，维持原判”，“并核准以故意杀人罪判处呼格吉勒图死刑，剥夺政治权利终身的裁定。”做出终审判决的审判长，叫杨小树。

　　公开资料显示，当年侦破“4·9女尸案”后，包括冯志明在内的许多警官，因为“迅速破获大案”获得从二等功到通报嘉奖的表扬。

　　在当年的呼和浩特“严打”先进集体和个人表彰大会上，刘旭、任俊林均获得个人三等功。

　　当年主办呼格案的冯志明，目前已升任呼和浩特市公安局党委委员、副局长。对该案作出“特别指示”的时任呼和浩特市公安局局长王智，后升任内蒙古公安厅巡视员，据称其现已退休。而其他涉及该案的法官、检察官等也大多获得了升迁和正常退休。

　　(晨报记者 张昱欣)

　　内蒙古高院：符合申请国家赔偿条件

　　内蒙古自治区高级人民法院15日在呼格吉勒图案新闻发布会上发布消息称，该案符合申请国家赔偿的条件，并将对错案责任问题进行调查，严肃追究责任。

　　新闻发言人说，根据《中华人民共和国国家赔偿法》的规定，受害的公民死亡的，由其继承人或其他有抚养关系的亲属提出申请，启动国家赔偿程序。在合议庭送达再审判决书时，已经向呼格吉勒图的父母告知，在判决发生法律效力后可以依法申请国家赔偿。呼格吉勒图父母提出申请后，法院将立即启动国家赔偿程序，并严格依照法律的规定，尽快依法做出赔偿决定。

　　据悉，呼格吉勒图父母将在与律师商议后，以书面形式提出申请国家赔偿。

　　(据新华社报道)

　　从死刑到无罪只因三个理由

　　据新华社呼和浩特12月15日电

　　内蒙古高院院长胡毅峰对记者表示，由于案件年久、人命关天、案情复杂，社会普遍关注，法院必须严格依法按程序来审理本案，压力很大。

　　内蒙古高院在再审判决中，列举了改判呼格吉勒图无罪的三个理由：

　　其一，犯罪手段供述与尸体检验报告不符。呼格吉勒图多次有罪供述称采取卡脖子、捂嘴等犯罪手段与被害人杨某某“后纵膈大面积出血”等尸体检验报告内容不符。

　　其二，血型鉴定结论不具有排他性。呼格吉勒图本人血型为A型，对呼格吉勒图指甲缝内附着物检出O型人血，与被害人血型相同。但血型鉴定为种类物鉴定，该鉴定结论不具有排他性、唯一性，不能证实呼格吉勒图实施了犯罪行为。

　　其三，呼格吉勒图的有罪供述不稳定，且与其他证据存在诸多不吻合之处。呼格吉勒图在侦查、审查起诉和审理阶段均曾供称采取了卡脖子、捂嘴等暴力方式强行猥亵被害人，但又有翻供的情形，有罪供述并不稳定。而且供述中关于杨某某的衣着、身高、发型、口音等内容与尸体检验报告、证人证言之间有诸多不吻合。

(原标题：18年前错杀一人18年后法将责众)

编辑：SN098