The South China Morning Post reports on the case of businessman Li Qinghong and his lawyers who say his 14-year jail
term is proof that the courts serve only to protect the party
Here’s the story in full
A controversial final court verdict against dozens of defendants in southern China this month dealt a vicious blow to a civil campaign mounted by scores of defence lawyers trying to overturn what they and many others say is a gross miscarriage of justice.
As a result, one-time business tycoon and racing-car driver Li Qinghong, 38, must serve a 14-year jail sentence and pay a 100,000 yuan (HK$122,300) fine after the Guiyang City People’s Intermediate Court in Guizhou province upheld a previous ruling last month that he was involved in organised crime.
The chaotic legal battle spanned four years. More than 30 lawyers and over 100 legal experts, entrepreneurs and others were involved in the fight, claiming that the defendants were tortured into confessing to crimes they had not commited.
Last month’s verdict is considered final, leaving little hope that the case will be overturned. Lawyers and Li’s family have sought a review by a higher court, but it is unlikely to affect the outcome. They are also planning to petition on Li’s behalf in Beijing.
Zhou Ze, a Beijing-based lawyer and Li’s main counsel, called it the “biggest civil campaign led by lawyers”.
“This case tells us that the system no longer holds any regard for the existing rule of law, nor for human rights,” Zhou said.
He also alleged that, after the downfall of Chongqing party secretary Bo Xilai earlier this year, it was revealed that the anti-triad campaign that Bo championed was merely a political weapon used to target the rich and obtain their assets.
Yang Zhizhu, who is a second counsel for Li and a legal academic with a history of battling authorities after he violated the nation’s one-child policy by having a second child two years ago, said that all the drama surrounding the Li case would be documented in a book to be published in Hong Kong.
“This is a classic case of a miscarriage of justice that does tremendous damage to the country’s judicial system,” Yang said, adding that “innocent men were wrongly accused and thrown into jail”.
Li is also a former member of the Guizhou provincial Chinese People’s Political Consultative Conference (CPPCC). Believing him to be the victim of a political battle that began in 2008, Zhou rallied lawyers from across the country to voluntarily aid Li’s defence. Hundreds of attorneys answered the call, flocking to Guizhou to contribute their expertise and financial resources, as well as to raise public awareness in hopes of overturning the case.
“He was an honest entrepreneur whose assets were stripped from him and who was suddenly thrown into jail for crimes he did not commit,” Zhou said. “No one wants to live in a society like that, because this could happen to any one of us.”
Zhou added that all of the lawyers in the civil campaign knew the possible ramifications of their actions – that there could be a greater crackdown on defence lawyers, including the stripping of their licences and barring them from practising law.
“None of us is afraid. There is no point in keeping our licence under such a system. Everyone is prepared to pay the price as long as changes can be enacted to fight injustice.”
The legal saga began in October 2008, when Li was detained in Guiyang on suspicion of illegal gambling.
Fifteen months later, in January 2010, the local government announced that several high-profile property developers were being investigated, allegedly for paying bribes to Huang Yao, who had been Guizhou’s top political adviser until he was been placed under official party investigation in October 2009 for serious breaches of party discipline – a euphemism for corruption.
Li was among four delegates of the Guizhou CPPCC who were implicated.
He and 16 alleged accomplices, including the three other CPPCC members, first went on trial in Guiyang city court in March 2010, charged in connection with organised crime.
Li was sentenced to 19 years in jail, and the others received various sentences. His wife immediately started looking for new legal representation in Beijing. She met Zhou the following month, and he agreed to help.
Three months later, the Guizhou Provincial Court threw out the verdicts against Li and the others, citing “factual ambiguity” and “insufficient evidence”.
The case was finally reopened, but it took nearly two years. Some of the defendants, including Li, remained in custody, but others were granted bail.
Guiyang’s city court appointed a lower court – the Xiaohe District Court – to handle the retrial in January this year. However, the number of defendants allegedly involved in mafia-related activities had risen from 17 to 57, including Li’s father and a police officer who was accused of protecting criminals.
In May, Zhou started revealing details about the case, drawing nationwide attention.
During the retrial in Xiaohe district, at least 27 defendants told the court that they had been subjected to extreme torture by authorities, who forced them to confess to crimes and to dismiss their lawyers so others could be appointed by the local government.
Also during the retrial, four of Li’s lawyers were thrown out of court after lodging protests over procedural injustices.
In July, the new verdict came. Li received 15 years in jail and a 100,000-yuan fine for leading a mafia-type gang since 1999 that was involved in organised crime, including operating illegal mines, running underground casinos and committing assault.
Of the 57 defendants, five were acquitted, including Li’s father. Charges were waived against two others, and the police officer was tried separately.
The remaining 49 received sentences ranging from six months to 15 years.
“All of the lawyers, including the ones appointed by the local government, pleaded not guilty for all of the defendants,” Zhou said. “We are talking about dozens of highly professional practising lawyers here.
“This does not show a difference in legal opinion held by the lawyers and the court – this shows a deliberate manipulation of justice. The verdict was simply wrong. We hoped to overturn it by producing new evidence at the second hearing, but the court would not even make it a public hearing and handed down a final verdict that basically maintained the original sentencing.”
Lawyers for 25 defendants filed appeals, and the case was redirected back to where it started – the Guiyang City People’s Intermediate Court.
Zhou and the other lawyers again sought a public hearing, but their request was denied.
The outcome on September 19 was as they feared. Li received 14 years in jail – one year less than the sentence by the district court. Only six of the 25 defendants who appealed received a different sentence.
“I’m extremely heartbroken,” Zhou said. “I have lost all hope for the country’s justice system, and I fear this might lead to more rampant use of torture to extract confessions and evidence.
“This is extremely unsettling.”
Professor Ong Yew-kim, an expert on mainland law at the Chinese University of Hong Kong, said the case had shown the justice system was moving in the wrong direction.
“Rights lawyers in China can no longer use the law as a tool to defend justice,” Ong said. “In China’s courts, the party’s interests always take priority over the interests of the people and the constitution. This leads to a lack of respect for evidence and the rule of law.
“Verdicts are instructed by the Central Politics and Law Commission, whose members are known for their lack of legal training. That’s why this case went back and forth with the same disappointing outcome.
“The committee focuses only on the party’s interests and on maintaining social stability,” Ong said.
