【禁闻】纪检六人自称替罪羊 被党抛弃

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【新唐人2013年10月16日讯】中共温州官员于其一,在“双规”期间被酷刑折磨致死。近期,审判于其一致死案的结果公布,但原告、被告对判决结果都表示不服。六名涉案的纪检干部认为,他们是按照上级指示对受害人实施酷刑,不应该做替罪羊。他们认为﹕被党抛弃。受害者妻子则要求当局将真正的凶手绳之以法。虽然此案判决引发世界各大媒体关注,但大陆媒体却集体噤声,舆论质疑媒体有包庇实情的嫌疑。

据英国《路透社》14号报导,浙江省衢州市法院9月30号裁定,六名相关人员因在于其一“双规”期间,对他实施“故意伤害行为”导致死亡,分别判处4到14年有期徒刑。对此,其中一名被告人认为量刑过重,不服判决,已经上诉。而民间则认为,当局的量刑明显过轻。

美国华府人权律师叶宁:“我觉得对他们的量刑不是太重,而是太轻。使用酷刑手段致人死命,这就不是一般的故意伤害罪,而是伤害致死罪,根据《中华人民共和国刑法》,伤害致死罪判刑的极限和故意杀人罪一样,是死刑。所以如果最高的只是判刑14年的话,这种判决还是因为左手打右手——下不了手,才判的这么轻。”

报导说,涉案的六名纪检委干部表示,他们是按照上级的指示才对于其一实施酷刑。而受害人家属委托的律师浦志强则表示,六名被告对此案的真正主犯在审理过程中得到了“庇护”,自己却做了替罪羊,感到不服。

叶宁:“这是一个非常无法、无知的一种说法,因为执行上级命令,根据第二次世界大战以后的国际公法的准则,特别是纽伦堡宪章的规定,0844你作为一个心智正常的成人,你有辨别这个命令是否合法的辨别能力。单纯的以‘执行的命令’作为脱罪的根据,在二战以后这样的法律准则已经在全世界范围内被推翻。”

据报导,死者于其一的前妻吴茜,同样对审判结果表示不满,她认为真正的元凶没有受到司法的追究是不公正的,她要求当局对下达指示的更高级别的官员进行问责。

今年3月,浙江温州原“工业投资集团有限公司”党委委员、总工程师于其一被温州市纪委“双规”并带走调查。4月8号于其一被送往当地医院抢救无效死亡,当局解释为“意外”死亡。但家属在看到死者身上多处伤痕后,怀疑是遭刑讯逼供致死。浙江警方验尸鉴定发现,死者“因吸入液体致肺功能障碍死亡”,是人为致死。

于其一的死亡,再度引发了舆论对于中共“双规”制度的关注。所谓“双规”,是指中共党员得在规定的时间、规定的地点,交代问题,是中共为了对付内部官员,独创的一种“法外”私刑。虽然这种以党规代替国法,查处官员的做法一直被外界诟病,但中共官员在双规期间被刑讯逼供致死的案件仍屡见不鲜。

叶宁:“中纪委这种双规,它本身是一种名不正言不顺的,在中华人民共和国现行的这本斯大林主义宪法和中共的刑事诉讼法上,都找不到中共这个中纪委可以关押、可以剥夺公民自由的相关的条款。所以这个由中纪委来行使的双规,它本身就属于私刑范畴。”

经六名被告交代,导致于其一死亡的原因是:他被放在冰水浴桶中,头部被反复摁入水中致死。而且于其一在双规期间,还遭遇了被多次浸泡在冰水中、毒打以及被长时间剥夺睡觉等酷刑。有媒体报导,他的尸体上还有被香烟烧烫的痕迹。

叶宁:“对中共的各级涉嫌腐败的官员,在双规的过程当中使用酷刑这种做法,本身就是一种违法犯罪的事情,我们知道双规当中,酷刑使用的相当普遍,目前这个案件暴露出来的只是冰山一角,好像中共官员内部有这么一种说法,就是说‘监狱好过,双规难熬’”。

虽然中共当局罕见的对纪检官员进行了司法惩罚,但舆论认为这并不意味着司法状况有了任何改善,因为真凶依然逍遥法外,而冲在最前方的打手当了替罪羊。因此,获刑的中共纪检干部才会在判决结果出来后高喊:被党抛弃了。

采访编辑/张天宇 后制/

6 Chinese Officials Stand Trial for Torture of Yu Qiyi

Wenzhou city Chinese Communist Party official Yu Qiyi
was tortured to death during “Shuanggui" (extra-legal detention
in the CCP’s internal disciplinary process).

Recently, the case of Yu’s death was tried, but the plaintiff
and the defendants were dissatisfied with the verdict.
The defendants in the case, six officials from the disciplinary
commission, say they were just following orders
from higher-ups to torture Yu.

The officers say they should not be made the scapegoats,
and that they were abandoned by the CCP.
Yu’s wife demands that the authorities punish the real killers.

Although the case drew attention from major overseas media,
it had no coverage in China’s state-run media.
The public suspects that the media likely harbored the truth.

On Oct. 14, Reuters reported that Quzhou City Court
in Zhejiang Province issued verdicts on Sept. 30.
The six CCP officials were convicted of intentional infliction
of harm leading to Yu’s death.
They received sentences of four to 14 years in jail.

One of them has appealed his sentence
which he says is too heavy.
However, many in the public say
the sentences were obviously too light.

Ye Ning, US-based human rights lawyer:
“I think the sentences were not heavy, but too light.
The brutal torture caused a death.
It’s not an ordinary crime of intentional injury; it led to a death.
Based on China’s law, torturing someone to death counts as
intentional homicide, so they should receive the death penalty.
If the maximum penalty they get is 14 years, it’s because
the regime is harboring them, and giving light sentences."

The report says the six officials testified that they followed
orders from higher officials to commit torture.
Pu Zhiqiang, lawyer for Yu’s family, says the real criminals
haven’t been held accountable during the procedures.
Thus six defendants were made scapegoats;
they are unsatisfied.

Ye Ning: “The defendants’ claim is very ignorant.
In regards to carrying out orders from superiors,
after the World War II, the international law, and particularly
the Nuremberg Charter, stated that as a normal adult,
you have the ability to discern whether the order is legitimate.
To simply shirk one’s responsibility and say
‘I was just following orders’, has been rejected
as a reasonable defense since the end of World War II."

The report says that Yu’s ex-wife Wu Qian was dissatisfied
with the verdict.
She says the main culprits haven’t been brought to justice.
She requested the regime to investigate the higher-up officials.

In March, the victim Yu Qiyi, chief engineer of Wenzhou’s
Industry Investment Group was shuanggui and taken away
by city disciplinary division.

On Apr. 8, Yu was hospitalized and later died.
The regime claimed Yu died in an accident.
However, Yu’s family saw Yu’s body black and blue in bruises.
He was likely tortured to death for a forced confession.
The autopsy by Zhejiang police reported that
Yu died from drowning, and it was man-made death.

Yu’s death provoked public’s concern over the CCP’s
“shuanggui" process.
Shuanggui is a form of extra-legal detention in which
officials under investigation for disciplinary violations
are made to confess to wrongdoings,
and they can be detained for any amount of time.
Although the CCP’s shuanggui process’ overstepping the law
has long been criticized, party officials tortured to death
via shuanggui remains common practice for the CCP.

Ye Ning: “The disciplinary commission’s shuanggui is illegal.
Looking through all China’s Stalinist constitution
and the CCP’s criminal law,
there is no regulation stating that
the CCP disciplinary commission has right to detain and
deprive any citizen’s freedom.
Thus, shuanggui belongs to illegal punishment."

The six defendants confessed that Yu had been dunked
repeatedly in a bucket of ice-cold water, causing his death.
He was deprived of sleep and beaten during his shuanggui.
Media reports say that Yu’s body had burn scars
that seemed to be cigarette butt marks.

Ye Ning: “For all level of suspected corrupt CCP officials,
the use of torture during shuanggui procedures is illegal.
We know that the use of brutal torture
is common practice during shuanggui.
Yu’s case is just a tip of the iceberg.
There is a saying among the CCP officials:
‘Prison is easy, shuanggui is tough'".

Although it is rare for CCP disciplinary commission officials
to be punished, many in the public say that it doesn’t mean
the judicial system has changed better.

The real criminals haven’t been punished.
The six officials became scapegoats.
That’s why after the announcement of the verdict,
they shouted: “Abandoned by the CCP".

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