【禁闻】“立功”造假 企业前总裁减刑外逃

【新唐人2014年01月22日讯】原中国“健力宝集团”董事长张海,2011年提前出狱。日前,广东省司法部门证实,张海在狱中因为“立功”获得减刑而提前出狱,存在造假的问题,已经立案调查。但张海本人已经逃往海外。

1月20号,中共喉舌媒体《央视》在它的官方微博上发表消息说,“广东省检察院证实,健力宝原董事长张海已经逃往境外。”

张海是河南开封人。2002年,成为“健力宝集团”董事长、和总裁。2005年3月,张海因为涉嫌挪用资金,被广东佛山市公安局刑事拘留。2007年2月,佛山市中级法院以职务侵占罪、和挪用资金罪两项罪名,判处张海有期徒刑15年。之后不到一年,张海因为“举报他人犯罪有功”,二审被改判为10年徒刑。2011年张海假释出狱,总共在狱中只有6年的时间。

当年张海提前出狱时,社会上就有质疑,但是当局一直没有回应。直到去年11月,广东省检察院才第一次在一个文件中提到“张海徇私舞弊减刑案”。

今年1月10号,广东省高院在它的官方微博上通报说,张海在监狱服刑期间的立功表现都是造假的,案件已经立案审查。

根了解,张海在狱中有3次“立功减刑”。大陆媒体报导,这些立功减刑现在被披露出来都是造假。其中第一次,张海之所以能检举抢劫案立功,是因为监狱人员出卖案情线索。

在此之前,广东茂名监狱,也曾经被曝光“花钱买减刑”的丑闻。

大陆维权律师李向阳:“监狱造假是非常普遍的现象,像达官显贵他们判刑之后,大多都是很早就出狱了,要么就造一个假的保外就医、假释、要么以很多理由减刑。”

秦永敏:“中国司法完全一片黑暗。曾经有一个专门报导四川监狱系统的黑幕的,从监狱局长往下,各个贪污受贿,用各种方法买放重大罪犯,那重大罪犯他们都有钱呢,那穷人呢?在那里不管你怎么努力,不死在里面都是好的了,很难出来。”

秦永敏曾经被中共当局关押了22年,被称为“坐牢皇帝”。据他透露,他在监狱期间,经常看到一些重大罪犯,只要是打通关系,就能立马被释放。

秦永敏:“中国的司法就是这样,只要你有钱找准门路,什么都能畅通无阻。但是你要是没有钱,无钱、无势,哪怕是冤案也不解决。我在监狱里碰到过很多人,很明显的冤案,但是复查的人对监狱里说,这事我们处理不了,虽然是冤案,但是我们一动对我们以后工作不好做。真正的冤案也没有办法,但是罪再大,有钱就可以,这是中国的现实。”

大陆网友“醉意稻草人”在网上发表评论说,判缓刑的上访户离开居住地,你们派警察和乡干部在火车上抓回,那么大一个保释老板,怎么就能外逃了呢?

李向阳:“在中国只要是有钱或有权,什么事都是能办到的。因为法律的底线、道德的底线是一点顾忌都没有了。可以这么说,他们所有的道德底线与法律底线都崩塌了,他们从无顾忌。”

李向阳表示,司法腐败根源是一党专政的结果。

据了解,张海减刑牵涉到公安、法院系统40多人,目前已经有多人因为此案被查、移司法机关处理。而张海本人,虽然被证实已经逃往海外,但是具体是去了哪个国家、以及他外逃的详情并没有披露。

采访/朱智善 编辑/田净净 后制/钟元

Paroled CEO Escapes Overseas On Fake Prison Merits

Former Chairman of China’s Jianlibao Group Zhang Hai
was released early from prison in 2011.

Recently, Guangdong Provincial Judiciary Department
confirmed that there are issues of fraud regarding
Zhanghai’s merits for early prison release,
and there is a criminal investigation into this matter.
But Zhang Hai himself has fled abroad.

On January 20, Chinese Communist Party (CCP)
mouthpiece CCTV published on its official microblog,
“Guangdong Provincial Procuratorate confirmed
Jianlibao former Chairman Zhang Hai has fled abroad."

Zhang Hai is from Kaifeng City, Henan Province.
In 2002 he became Chairman and CEO of the Jianlibao Group.
In March 2005, Zhang Hai was detained by the
Public Security Bureau of Foshan City, Guangdong Province
on suspicion of misappropriation of funds.
In February 2007 Foshan Intermediate People’s Court
sentenced him to 15 years imprisonment for
embezzlement and misappropriation of funds.

In less than a year later Zhang Hai’s sentence
was reduced to ten years for merits of “reporting others."
In 2011 Zhang Hai was released on parole.
He only spent a total of six years in prison.

China human rights activist Qin Yongmin and founder of
“China Human Rights Watch":
“Zhang Hai must have come out through networking."

Qin Yongmin: “The law allows sentence reduction,
but the reduction cannot be more than half of the term.
He needs to be in prison for at least seven years.
So he must have used ‘backdoor networking’
for his only six years of imprisonment."

There were questions from the society on Zhang’s early release.
The authorities did not respond until last November
when Guangdong Provincial Procuratorate mentioned
in a document for the first time:
“The Case of Zhang Hai’s
Sentence Commutation by Using Favoritism."

On January 10 2014 Guangdong Provincial Supreme Court
stated on its official microblog that Zhang Hai’s prison merits
were fraud and a case has been filed for investigation.

It is said Zhang had “Three Sentence Commutations via Merits".
Chinese media reported these merits are now
disclosed to be fraud.
Zhang got the first sentence Commutation for reporting a robbery,
because prison staff sold him clues.

There had been exposures of “Buying Merits" at
Guangdong Maoming prison prior to this.

China human rights lawyer Li Xiangyang:
“Prison fraud is a very common phenomenon, such as
fake medical parole or various sentence Commutations,
The powerful and the rich are all released early."

Qin Yongmin: “The Chinese judicial system is completely dark.
There was once a special report on the dark secrets
of the Sichuan prison system.
From the Chairman to each level below,
they sell release to major criminals, who have money.
How about the poor? No matter how hard they try,
they would be lucky to survive there, not to say come out."

Qin Yongmin was once locked up by the CCP authorities
for 22 years. He is called “Jail Emperor".

According to him he often saw major criminals
immediately released as long as they open up the relationship.

Qin Yongmin: “China’s judiciary system is just like this.
As long as you have money and identify opportunities,
there will be no obstacles.
But wronged cases are not solved without money or power.
I met many people who suffer obvious injustice.
But investigators told the prison that they could not handle it,
although there is injustice.
Any change will be back to our future work.
So real injustice cannot be corrected,
but money can help major criminals.
This is the reality of China."

A Chinese netizen stated online that petitioners with
suspended sentences are even arrested by
police and township carders on the train if they leave home,
so how can such serious criminal flee?

Li Xiangyang: “Everything can be done in China
as long as there is money or power.
There is no legal or moral bottom line.
So they do not have any concern."

Li Xiangyang said the root cause of judicial corruption
is the result of a one-party dictatorship.
It is said Zhang Hai’s sentence reduction case involved
over 40 people in the public security and the court system.

Many people are being investigated and transferred
to judicial departments because of this case.
Zhang Hai’s whereabouts and
details of his escapee have not been revealed.

Interview/ZhuZhishan Edit/TianJingjing Post-Production/ZhongYuan

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