Skip to main content

In China, a quiet push against executions

Nie Shubin (family picture)
Killed in 1994, Nie Shubin has become the face of a growing movement to ban the death penalty

BEIJING – Everyone knew Nie Shubin as a quiet young man, just 20 – gentle, shy, even introverted – the only son of Zhang Huanzhi and husband Nie Xuesheng.

He had a slight stutter when he spoke.

He was a welder at a factory near Shijiazhuang, an industrial town about a three-hour drive south of Beijing. And he owned a blue bicycle – which proved to be his undoing.

After a 38-year-old woman was raped and murdered in a local cornfield, children spoke of seeing a blue bike near the scene.

Police came for Nie, arrested him and beat him until he confessed.

He was convicted after a two-hour trial and executed in customary Chinese fashion: kneeling on the ground, with a single bullet to the back of the head fired at close range.

Nie Shubin's is an old case – the incident took place in 1994.

But what keeps the case current in Chinese legal circles is this: in 2005, another man confessed to the murder in painstaking and convincing detail. Police admitted they believed him.

But Nie's name has never been cleared.

His family grieves still.

Ask lawyers in China why there should be an end to the death penalty – here in a country that executed more people last year than all other countries in the world combined – and the first case they'll mention is Nie Shubin's.

In a society where government control over public information is supreme, the leaked details of Nie's case offer a rare glimpse into the miscarriage of justice in China.

Lawyers and legal scholars fear there may be many more like it. But verifiable information is hard to come by.

That's because the shroud of secrecy that prevails over the use of the death penalty in China is so thick that even the number of people who are executed each year is a state secret.

Amnesty International says a minimum of 1,718 people were executed in China last year.

But the San Francisco-based Dui Hua Foundation, run by business executive-turned-human-rights advocate John Kamm – who still maintains good relations with government officials – estimates the actual figure is even higher.

"We estimate that the number of executions in 2008 exceeded 5,000 and may have been as high as 7,000," he says.

Most, it is believed, still die as Nie did – by gunshot.

In previous decades, it was customary for the state to charge the family of the executed a "bullet fee," that is, the actual cost of the bullet, a practice now said to have ceased.

State officials announced in 1997 that lethal injection was being introduced as a "more humane" means of execution.

And in 2004, a criminal known as Zhang "Nine-Fingered Devil" Shiqiang, was among the first to die by lethal injection in one of China's newly minted mobile death vans.

Officials explained the vans were introduced to promote the greater use of injections as the vehicles could move efficiently through a province from one detention facility to the next, as needed.

But it's not efficiency that rights advocates, senior lawyers and legal scholars hope for. It's the abolition of the death penalty. Achieving it in China won't be easy.

The reasons to end to capital punishment are well known, says veteran Beijing lawyer Mo Shaoping.

"It's a barbaric practice. Once it's done, it can't be undone. And scientific research shows it has very little deterrent effect on the commission of lethal crimes."

But the obstacles to overturning it are huge.

"The idea of paying for a life with a life is just deeply rooted in the culture," says Mo. "Public opinion polls have shown that Chinese people don't support the idea of abolishing the death penalty."

Liu Renwen, a law professor at the Chinese Academy of Social Sciences, knows all about that.

In 2003, he gave an interview to a state-run magazine in which he raised the idea of abolishing the death penalty.

The online reaction from netizens was "fierce," "offensive" and "even abusive," he says. "More than 90 per cent opposed the idea."

He gave an interview to a different state-run publication last year.

"This time, the majority was still against it. But there were no personal attacks – and the tone wasn't as strong.

"What's more, deeper questions were raised, like whether the abolition of the death penalty might solve the problem of miscarriages of justice."

Other hopeful signs have emerged.

For nearly 25 years, beginning in 1982 when the Supreme People's Court granted lower courts the right to issue death penalties without review, China may have experienced executions on an almost industrial scale.

Some scholars estimate as many as 10,000 people may have been executed in some years.

But on Jan, 1, 2007, the court reasserted its right of review with immediate effect, overturning 15 per cent of all death sentences in that year, many for lack of evidence.

And something else: at the same time executions dropped, so did violent crimes.

"Fewer executions, but a drop in crime. What does this tell us?" Liu Renwen wrote in a scholarly paper. "That the death penalty does not safeguard social order ... that social order could still be maintained with fewer or even zero sentences."

So, if you build a set of persuasive arguments for the abolition of the death penalty, will it come?

Lawyer Mo thinks abolition of the death penalty in China will come, eventually.

But there are practical improvements that can be encouraged in the meantime, he says: that the government should be encouraged to end the secrecy and publish the numbers of those executed and that the array of offences for which a person can be put to death should be reduced from the current 68.

Liu Renwen hopes the day executions end comes during his lifetime.

"Changes are taking place in Chinese people's minds. I think they tend to be more respectful of human life."

In China, 68 crimes can carry the death penalty, including murder, rape and the kidnapping of women and children. "Plotting to jeopardize the sovereignty, territorial integrity and security of the country," can also carry the death penalty. But there are many non-violent crimes on the list, too. These include:
• Breaching dikes
• Looting graves
• Running a house of prostitution
• Sabotaging electrical power
• Smuggling cultural relics
• Taking bribes
• Fraudulent fundraising
• Counterfeiting money
• Credit card fraud
• Smuggling rare plants


Source: The 1997 Criminal Code of the People's Republic of China

Source: The Star, March 29, 2009

Comments

Most viewed (Last 7 days)

Florida executes Michael Tanzi

Florida on Tuesday executed a death row inmate described by one local detective as a "fledgling serial killer" for the murder of a beloved Miami Herald employee. Florida executed Michael Tanzi on Tuesday, 25 years after the murder of beloved Miami Herald employee Janet Acosta, who was attacked in broad daylight on her lunch break in 2000.   Michael Tanzi, 48, was executed by lethal injection at the Florida State Prison in Raiford and pronounced dead at 6:12 p.m. ET. 

South Carolina executes Mikal Mahdi

Mikal Mahdi, 42, was executed for the 2004 murder of 56-year-old James Myers A man facing the death penalty for committing two murders was executed by firing squad on Friday, the second such execution in the US state of South Carolina this year. Mikal Mahdi, 42, was executed for the 2004 murder of 56-year-old James Myers, an off-duty police officer, and the murder of a convenience store employee three days earlier. According to a statement from the prison, "the execution was performed by a three-person firing squad at 6:01 pm (2201 GMT)," with Mahdi pronounced dead four minutes later.

Afghanistan | Four men publicly executed by Taliban with relatives of victims shooting them 'six or seven times' at sport stadium

Four men have been publicly executed by the Taliban, with relatives of their victims shooting them several times in front of spectators at a sport stadium. Two men were shot around six to seven times by a male relative of the victims in front of spectators in Qala-i-Naw, the centre of Afghanistan's Badghis province, witnesses told an AFP journalist in the city.  The men had been 'sentenced to retaliatory punishment' for shooting other men, after their cases were 'examined very precisely and repeatedly', the statement said.  'The families of the victims were offered amnesty and peace but they refused.'

USA | Why the firing squad may be making a comeback

South Carolina plans to execute Mikal Mahdi on Friday for the murder of a police officer, draping a hood over his head and firing three bullets into his heart. The choice to die by firing squad – rather than lethal injection or the electric chair – was Mahdi’s own, his attorney said last month: “Faced with barbaric and inhumane choices, Mikal Mahdi has chosen the lesser of three evils.” If it proceeds, Mahdi’s execution would be the latest in a recent string of events that have put the spotlight on the firing squad as a handful of US death penalty states explore alternatives to lethal injection, by far the nation’s dominant execution method.

I spent 16 years in solitary in South Carolina. This is what it did to me. | Opinion

South Carolinian Randy Poindexter writes about the effects 16 years of solitary confinement had on him ahead of South Carolina’s planned execution of Mikal Mahdi , who spent months in solitary as a young man. For 16 years, I lived in a concrete cell. Twenty-three hours a day, every day, for more than 3,000 days, South Carolina kept me in solitary confinement. I was a young man before I was sent to solitary — angry, untreated and unwell. I made mistakes. But I wasn’t sentenced to madness. That’s what solitary did to me. My mental health worsened with each passing day. At first, paranoia and depression set in. Then, hallucinations and self-mutilation. I talked to people who weren’t there. I cut myself to feel something besides despair. I could do nothing as four of my friends and fellow prisoners took their own lives rather than endure another day of torturous isolation.

South Carolina | Man who ambushed off-duty cop to face firing squad in second execution of its kind

Mikal Mahdi, 48, who was found guilty of killing an off-duty police officer and a convenience store worker, is the second inmate scheduled to executed by South Carolina's new firing squad A murderer who ambushed and shot an off duty police officer eight times before burning his body in a killing spree is set to become the second person to die by firing squad. South Carolina's highest court has rejected the last major appeal from Mikal Mahdi, 41, who is to be put to death with three bullets to the heart at 6pm on April 11 at the Broad River Correctional Institution in Columbia. Mahdi's lawyers said his original lawyers put on a shallow case trying to spare his life that didn't call on relatives, teachers or people who knew him and ignored the impact of weeks spent in solitary confinement in prison as a teen.

Louisiana | Lawyers of Jessie Hoffman speak about their final moments before execution

As Louisiana prepared its first execution in 15 years, a team of lawyers from Loyola Law were working to save Jessie Hoffman’s life. “I was a young lawyer three years out of law school, and Jessie was almost finished with his appeals at that time, and my boss told me we needed to file something for Jessie because he’s in danger of being executed,” Kappel said. Kappel and her boss came up with a civil lawsuit to file that said since they wouldn’t give him a protocol for his execution, he was being deprived of due process, and the lawsuit was in the legal process for the next 10 years.

Lethal Injection, Electric Chair, or Firing Squad? An Inhumane Decision for Death Row Prisoners

South Carolina resumed executions with the firing squad killing of Brad Sigmon last month. Mikal Madhi’s execution date is days away. The curtain shrieked as it was yanked open to reveal a 67-year-old man tied to a chair. His arms were pulled uncomfortably behind his back. The red bull’s-eye target on his chest rose and fell as he desperately attempted to still his breathing. The man, Brad Sigmon, smiled at his attorney, Bo King, seated in the front row before guards placed a black bag over his head. King said Sigmon appeared to be trying his best to put on a brave face for those who had come to bear witness.

Execution date set for prisoner transferred to Oklahoma to face death penalty

An inmate who was transferred to Oklahoma last month to face the death penalty now has an execution date. George John Hanson, also known as John Fitzgerald Hanson, is scheduled to die on June 12 for the 1999 murder of 77-year-old Mary Bowles.  The Oklahoma Court of Criminal Appeals on Tuesday set the execution date. The state’s Pardon and Parole Board has a tentative date of May 7 for Hanson’s clemency hearing, executive director Tom Bates said.

Arizona | The cruelty of isolation: There’s nothing ‘humane’ about how we treat the condemned

On March 19, I served as a witness to the execution of a man named Aaron Gunches, Arizona’s first since 2022. During his time on death row, he begged for death and was ultimately granted what is likely more appropriately described as an emotionless state-assisted suicide. This experience has profoundly impacted me, leading to deep reflection on the nature of death, humanity, and the role we play in our final moments. When someone is in the end stages of life, we talk about hospice care, comfort, care, easing suffering and humane death. We strive for a “good death” — a peaceful transition. I’ve seen good ones, and I’ve seen bad, unplanned ones.