Society
Arrest warrants for 3 cops over torture case
By Wang Jingqiong and Shi Baoyin (China Daily)
Updated: 2010-05-13 06:51
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ZHENGZHOU - Authorities in Henan province have issued arrest warrants for three police officers suspected of torturing Zhao Zuohai, a man who was wrongfully convicted of murder and jailed about 10 years.
Two of the officers, Guo Shouhai and Zhou Minghan, have been detained while the third cop, Li Deling, is still at large. They are suspected of torturing Zhao, 57, into confessing to a murder 10 years ago.
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Authorities have also started a probe into the wrongful imprisonment on Wednesday, said Song Guoqiang, an official with the people's procuratorate in Shangqiu city.
Song said the procuratorate has questioned everyone else involved in Zhao's conviction at the local public security bureau, procuratorate and court.
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Authorities apologized to Zhao Zuohai on Tuesday and gave him 10,000 yuan ($1,464) in compensation.
He is expected to receive further compensation in accordance with the State compensation law. The amount will work out to be about 450,000 yuan ($65,904).
In October 1997, Zhao Zuohai and his neighbor Zhao Zhenshang had a fight in their home county of Zhecheng, after which Zhao Zhenshang went missing, a court statement showed.
A year later, in May 1999, a headless and highly decomposed body was found in the village. Zhao Zuohai was arrested and convicted in 2002 of murdering Zhao Zhenshang.
He was sentenced to death with a two-year reprieve. The sentence was later commuted to a 29-year imprisonment.
Zhao Zhenshang returned to the village on April 30 this year. The Higher People's Court in Henan confirmed Zhao Zhenshang's identity on May 7 and acquitted Zhao Zuohai.
Zhao Zuohai said on Tuesday he was tortured to confess the murder, saying that police beat him with a long stick, set off fireworks over his head, handcuffed him on a stool and would not let him sleep for about a month.
"They taught me how to plead guilty. They told me to repeat what they said, and I had to, or I would be beaten", Zhao said. "They wrote down what I repeated and said it was my confession."
Zhao said he did not appeal because he was afraid of getting beaten.
"In jail, others treated me better because I'm an old man. At least nobody beat me there."
Zhao's case has triggered heated discussion among legal analysts on preventing torture in interrogation and the necessity of improving supervision in the legal system.
"Although the case occurred 10 years ago, it is a reminder of the legal environment and its mechanism", said Zhao Binzhi, director of the law school of Beijing Normal University. "Torture in interrogation still exists today. It is not rare."
Fan Chongyi, a law professor from the China University of Political Science and Law, said videos and recordings should be made and suspects' lawyers should be present during interrogation. Courts should also refuse evidence gained through violent and illegal means.
"We hope some amendment will be made to the Criminal Procedural Law to establish a functional system to prevent the use of torture in interrogation."
Xinhua contributed to this story
