中欧社会论坛 - China Europa Forum

Date: 2007

December 14 – Last July media consumers in China were chilled by news of the brutal murder of 10 people in a Taoist temple in northwest China’s Shaanxi province. In the days that followed, the manhunt centered on Qiu Xinghua [Baidu Image], a 47 year-old Shaanxi resident who eventually confessed. On October 19, in a trial watched closely across China, Shaanxi’s Ankang Intermediate People’s Court sentenced Qiu Xinghua to death.

The case was far from over. Qiu’s defense attorney, Zhang Yong (张桦), filed an appeal in October, and the trial resumed on December 8 in Shaanxi’s Ankang Railway Transport Court. Zhang Yong submitted evidence from Qiu Xinghua’s local village committee testifying that he had a history of mental illness, but the court rejected the lawyer’s motion to submit his defendant for psychological evaluation.

Since December 10 haggling over legal procedure in the Qiu Xinghua case has gone public with a controversial open letter [Chinese here] from five prominent legal scholars, including Peking University’s He Weifang (贺卫方). The letter calls on the appeals court in Shaanxi to conduct a psychological evaluation of Qiu Xinhua based on Article 18 of China’s Criminal Law, which says « a mentally ill person who causes dangerous consequences at a time when he is unable to recognize or unable to control his own conduct is not to bear criminal responsibility after being established through accreditation of legal procedures. »

The drafters of the letter have said their concern lies not so much with the « Temple Killer » case itself as with the question of legal procedure in China.

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