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Saturday, June 24, 2017

The Death Penalty in China

     In China, the Chengguan are municipal law enforcement officers considered a notch below regular cops. As enforcers of city ordinances, these low-level officers have a national reputation for over-enforcement and brutality. This is particularly true in the way these enforcers handle unlicensed street vendors.

     Over the years members of the Chengguan have been accused of physically abusing hundreds of street vendors. Since 2001, sixteen of these licensing offenders have been beaten to death. In July 2013, in Hunan Province, the government paid $150,000 to the family of a watermelon vendor killed by a Chengguan officer. In China, these ordinance enforcers are extremely unpopular, feared, and even hated by millions of chinese citizens.

     In May 2009, in the city of Shenyang in northeast China, Chengguan officers arrested a 33-year-old street vendor named Xia Junfeng. Xia, a laid-off factory worker who sold sausages and kabobs from an unlicensed street cart, dreamed of sending his son to art school in Beijing. His wife held two jobs as a cleaning lady and baker at a school.

     While being given the third-degree in a police interrogation room, Xia, with a knife he used to slice meat, stabbed two Chengguan cops to death. A local prosecutor charged Xia with two counts of first-degree murder.

     One of the Chengguan officers Xia stabbed had a long history of police brutality. In 2008, the officer broke the arm of a woman he had arrested for selling umbrellas without a license.

     At his murder trial in November 2009, Xia pleaded not guilty on grounds of self-defense. The prosecution asserted that Xia's repeated stabbing of the officers went beyond what was necessary to defend himself. According to the defendant, had he not used deadly force, the officers would have beaten him to death. Xia's attorney put six witnesses on the stand who testified to Xia's beating at the hands of these officers.

     Testifying on his own behalf, Xia said, "He [one of the arresting officers] began to beat me as soon as I entered the [interrogation] room. His fists pounded my head and ears. As I tried to run outside, I came face-to-face with another officer. Right away he grabbed my collar to stop me. He also struck me with his fist...and kicked at my thighs." When Xia put his hand down to protect his groin area, he felt the knife he kept in his pocket. This was the instrument he used to stab both of the officers to death. (Why wasn't Xia searched pursuant to his arrest? Do these officers receive any training?)

     The trial judge found Xia Junfeng guilty of two counts of first-degree murder and sentenced him to death. Xia's wife, Zhang Jing, took up her husband's crusade by publishing a blog. As a result, both she and the condemned man became famous as his case worked its way through the appellate process. Because there had been prosecutorial improprieties at the trial, Xia's supporters were confident his conviction would be overturned.

     In 2011, while millions of Chinese citizens were expressing online sympathy for the street vendor convicted of killing two Chengguan officers, justices on the nation's supreme court upheld his conviction and sentence. "The crime he committed was heinous," wrote one of the justices. "The method he used was extremely cruel and the results serious. He should be punished to the full extent of the law."

     On September 25, 3013, millions of Chinese citizens were outraged by Xia Jonfeng's execution by lethal injection. On the popular website Sina.com, 28 million people had posted messages of support for the man who had killed two members of the hated Chengguan police. Following Xia's execution, Chinese censors were busy scrubbing commentary on dozens of blogs protesting the death of the man who had come to represent resistance against oppressive Chinese law enforcement.

     In China, public support for capital punishment has diminished over the years. Ten years ago the authorities were executing 12,000 prisoners a year. In 2012, 3000 Chinese prisoners died by firing squad or lethal injection.

     

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