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Original title: Suspects hanged by public security organs after torture to extract a confession and assume responsibility for compensating the State
Beijing News Express (reporter Wang Jun) today (December 29) the Supreme Law issued a typical case to mark the 25th anniversary of the promulgation and implementation of the “National Compensation Law of the People’s Republic of China,” including a case of State compensation for death by torture. The Supreme Law established that in the criminal investigation process, the public security organs will carry out the interrogation of the alleged criminals strictly in accordance with the law, and a confession will not be extracted from them through torture or covert torture, otherwise they will have the responsibility corresponding compensation.
Facts: corporal punishment and beatings during interrogation caused suspect to commit suicide
The case occurred in 1997. On July 30 of that year, Wei Yuexin was summoned by the Youxi Police Station of the Lianping County Public Security Bureau, Heyuan City, Guangdong Province on suspicion of robbery.
From July 30 to August 1, 1997, police officers Huang Mohao and Huang Mowen interrogated Wei Yuexin three times, for more than 30 hours, and used corporal punishment and beatings to obtain confessions. . On August 1, Wei Yuexin hanged himself in the detention room of the police station.
According to the forensic medical identification, the multiple injuries on Wei Yuexin’s body were caused by blunt force, and were non-fatal minor injuries. The conclusion was that Wei Yuexin was constrained and died during his lifetime.
On January 7, 1998, the Intermediate People’s Court of Heyuan City, Guangdong Province found that Huang Mohao and Huang Mowen constituted the crime of extorting a confession through torture, and investigated them for criminal responsibility in accordance with the law. On December 8, 1997, the relatives of Wei Yuexin, Huang Caihua and others, applied for state compensation, alleging that Wei Yuexin’s death was caused by torture.
The Heyuan City Intermediate People’s Court decided after hearing that: the Lianping County Public Security Bureau compensated Wei Yuexin for death compensation and funeral expenses totaling 149,580 yuan; Wei Pengfeng and Wei Pengyong, who had been raised before Wei Yue’s new life, should receive 17,745 yuan; The new parents, Wei Niangjin and Huang Yatian, spent 3,120 yuan in living expenses per year from August 1, 1997 until their death.
The relevant agencies should assume the responsibility of state compensation for the illegal exercise of powers.
The Supreme Law establishes that in the criminal investigation process, public security organs must carry out the interrogation of alleged criminals strictly in accordance with the law. In determining the facts of the case, they must also protect the legitimate rights and interests of the alleged offender in accordance with the law. The corresponding liability.
This case reportedly occurred in 1997. It was the first national torture compensation case that resulted in death by the Compensation Commission of the People’s Court. There is still a gap in judicial practice on how to determine that “the extortion of a confession through torture caused the death of a citizen.”
The Supreme Law stated that the court approved the trial of this case and made it clear that the public security organs were tortured to extract a confession during the criminal investigation process, and were intrinsically linked to the suicide of the victim. According to this, it should be understood as a situation of “citizen death by torture” and the obligation to compensate. The agency will assume the responsibility of the state for compensation for its illegal exercise of power.
“The compensation decision in this case allows the spouse, minor children and parents of the deceased to receive due compensation and protects their rights to the fullest extent possible. Even today, the results of the case still have a meaning of reference.”
Beijing News reporter Wang Jun
