CHINA TOPIX

11/02/2024 01:19:11 pm

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Chinese Man Gets Compensation For Wrongful Conviction In Food Poisoning Case

A Chinese court has ordered the state to pay a former death row convict, over CNY1 million in compensation after spending eights years in jail for poisoning two children, state media reported Tuesday.

Former food stall owner Nian Bin was accused of  poisoning his neighbors that led to the death of two children. The victims were said to have eaten rice porridge containing rat poison.

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Nian claimed, he was tortured into admitting the crime during police interrogation. The 39-year-old was acquitted by a court in Fujian province, citing insufficient evidence against him. 

Nian will be compensated CNY589,000 for loss of personal freedom and another CNY550,000 for mental suffering, bringing the total mpensation to CNY1.14 million yuan or about US$182,000.

Amnesty International had earlier issued a statement saying Nian's rare acquittal is another reason why death penalty should be abolished in China. 

The human rights group added that Nian and his family lived a pitiful six years of their lives with fear of execution hanging over their heads despite a weak case against him. 

Nian was first tried in 2008 for murder charges and was sentenced to death.  He appealed his death sentence and the court ruled in his favor citing insufficient evidence.

His case was remanded to the Fuzhou Intermediary Court for retrial, where he was sentenced to death yet again. He filed another appeal, but a provincial court affirmed the sentence.

In 2010, the Supreme People's Court, which reviews cases with death sentences, overturned the death penalty ordered by the Fuzhou court. Despite the Supreme Court's ruling, the Fuzhou Court affirmed its earlier decision to sentence Nian to death in 2011.

The Fujian Provincial High People's Court handled Nian's last appeal and heard the last retrial until his acquittal. During his 7-year legal battle, Nian received 4 convictions - all punishable by death, until he was finally set free.

China had been stepping up measures to put an end to miscarriages of justice, including reducing the imposition of death penalty. Admission of crime through torture often result to wrongful executions, which have repeatedly sparked public outrage.

Currently, 55 offences in China are punishable by death, including fraud and illegal money-lending.

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