China court clears man 21 years after his execution

Headline Legal News

China's supreme court ruled Friday that a young man executed 21 years ago for rape and murder had been innocent, in a case that has drawn attention to problems in the legal system as well as the frequent application of the death penalty.

Nie Shubin was 20 at the time of his 1995 execution for crimes he was accused of committing in the northern city of Shijiazhuang in August of 1994. Another man, Wang Shujin, confessed to the crimes in 2005 while in police custody, although a legal review of the case did not get underway until 2014.

In its ruling, the court cited numerous examples of negligence and procedural errors by police and prosecutors, including the fact that Nie was singled out as a suspect "without a shred of evidence." It also said it couldn't rule out that Nie's testimony was coerced by torture or other means, a frequent accusation against the legal system that relies heavily on confessions to gain convictions.

China ordered speeded-up trials and executions during anti-crime campaigns in the 1990s, leading to frequent cutting of corners by legal authorities. Two years ago, another court ruled that 18-year-old Huugjilt, an ethnic Mongolian who was executed in 1996 for rape and murder, also was innocent after another man confessed to the crime. The court awarded Huugjilt's parents compensation.

However, under reforms in recent years, all death penalties are now automatically reviewed by the supreme court and the justices say executions are carried out only for the most heinous crimes. The exact number of people put to death is a state secret, but rights groups say China remains the world's top executioner.

Chinese legal scholar Xu Xin, a prominent advocate of legal reforms to reduce wrongful convictions, said Nie's case has emerged as highly representative of the country's problems with miscarriages of justice.

"In China's legal and social spheres, this case has garnered the greatest concern and has the most influence. Everyone's views on this case have basically been the same — that there was grave injustice," Xu said.

But the fact that it took this long for him to be exonerated shows the challenges ordinary people face in gaining legal redress in China, he said. "A vindication like this implies that compensation would have to be made, and someone could potentially be held responsible for the mistake, so that makes authorities unwilling to make an active push to correct the injustice," he said.

He credited the Chinese media, concerned defense lawyers and others who drew attention to the case for the court's overturning of the verdict, but said that the problem at the heart of the issue remained China's lack of an independent judiciary.

Related listings

  • Ohio sheriff accused of drug theft changing not guilty plea

    Ohio sheriff accused of drug theft changing not guilty plea

    Headline Legal News 11/21/2016

    A suspended sheriff in Ohio who has denied stealing prescription drugs and misusing office funds is due in court to change his not guilty plea. Sandusky County Sheriff Kyle Overmyer is scheduled to attend a change of plea hearing Monday in Fremont. O...

  • French court restores far-right candidate's ties to father

    French court restores far-right candidate's ties to father

    Headline Legal News 11/18/2016

    French presidential candidate Marine Le Pen thought she had cut the political cord with her controversial father by expelling him from the far-right party he founded, but a court ruled Thursday Jean-Marie Le Pen still is the National Front's honorary...

  • Court gives fertilizer dealers a reprieve from policy change

    Court gives fertilizer dealers a reprieve from policy change

    Headline Legal News 09/24/2016

    A court ruling has given farm fertilizer dealers a reprieve from a federal policy change that some say would unfairly burden the industry. The Occupational Safety and Health Administration policy change announced last year would regulate retail deale...

USCIS Adjusting Premium Processing Fee

U.S. Citizenship and Immigration Services (USCIS) announced today it is adjusting the premium processing fee for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers beginning on Oct. 1, 2018 to more effectively adjudicate petitions and maintain effective service to petitioners.

The premium processing fee will increase to $1,410, a 14.92 percent increase (after rounding) from the current fee of $1,225. This increase, which is done in accordance with the Immigration and Nationality Act, represents the percentage change in inflation since the fee was last increased in 2010 based on the Consumer Price Index for all Urban Consumers.

“Because premium processing fees have not been adjusted since 2010, our ability to improve the adjudications and service processes for all petitioners has been hindered as we’ve experienced significantly higher demand for immigration benefits. Ultimately, adjusting the premium processing fee will allow us to continue making necessary investments in staff and technology to administer various immigration benefit requests more effectively and efficiently,” said Chief Financial Officer Joseph Moore. “USCIS will continue adjudicating all petitions on a case-by-case basis to determine if they meet all standards required under applicable law, policies, and regulations.”

Premium processing is an optional service that is currently authorized for certain petitioners filing Forms I-129 or I-140. The system allows petitioners to request 15-day processing of certain employment-based immigration benefit requests if they pay an extra fee. The premium processing fee is paid in addition to the base filing fee and any other applicable fees, which cannot be waived.