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Biden Fails a Death Penalty Abolitionist’s Most Important Test

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The mystery of Joe Biden’s views about capital punishment has finally been solved. His decision to grant clemency to 37 of the 40 people on federal death row shows the depth of his opposition to the death penalty. And his decision to leave three of America’s most notorious killers to be executed by a future administration shows the limits of his abolitionist commitment. The three men excluded from Biden’s mass clemency—Dylann Roof, Dzhokhar Tsarnaev, and Robert Bowers—would no doubt pose a severe test of anyone’s resolve to end the death penalty. Biden failed that test.

China: Man who spent 11 years on death row compensated 1.27 million yuan

Zeng Aiyun, who spent 11 years on death row before being cleared, visits his mother in July 2015
Zeng Aiyun, who spent 11 years on death row before being cleared,
visits his mother in July 2015. (Shanghai Daily)
A Chinese man condemned to death three times for murder and who spent 11 years on death row before being cleared was awarded 1.27 million yuan ($200,000) compensation, reports said Tuesday.

Zeng Aiyun, once a graduate student at Xiangtan University in the central province of Hunan, was convicted in 2004 of murdering a fellow student and sentenced to die.

The verdict was set aside three times on appeal and new trials ordered, but on the first two retrials in 2005 and 2010 Zeng was again condemned to death.

Finally the Xiangtan Intermediate People's Court exonerated him for lack of evidence at his fourth trial in July.

It awarded him 1.27 million yuan in compensation on Monday, the Xinhua news agency reported.

The court found another student to be the sole killer, it added. 

Chen Huazhang -- previously sentenced to life as Zeng's accomplice -- poisoned the victim out of jealousy, Xinhua said, and laid a false trail to implicate Zeng.

Zeng said he was not satisfied with the compensation and would go back to court once more to seek more, the Beijing Times reported Tuesday.

The case is the latest to highlight the risks of miscarriages of justice in China, where forced confessions are widespread and virtually all criminal defendants are found guilty.

Wrongful executions are not unknown in the country.

In a high-profile case that sparked nationwide public anger, a court in the northern region of Inner Mongolia last year cleared a man named Hugjiltu, who was convicted, sentenced and executed for rape and murder in 1996 at the age of 18.

The declaration of his innocence came nine years after another man confessed to the crime.

China's courts are politically controlled and the Communist Party has pledged to ensure the "rule of law with Chinese characteristics" and said it will lessen the influence of local officials over courts.

But the country's conviction rate remains close to 100 percent, with only 778 acquittals last year and nearly 1.2 million convictions, according to official data.

Source: Agence France-Presse, December 29, 2015

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