After Record 9,778 days in Jail, Innocent Man Released

Zhang (in red sash) reunited with his extended family

One wonders if the Chinese justice system will make changes in how it convicts defendants after an innocent man was finally released after spending almost 27 years in jail for a crime he did not commit. It is believed to be the longest wrongful imprisonment in China's history.

A court in the eastern province in Jiangxi found there was insufficient evidence to convict then 26-year-old Zhang Yuhuan of murdering two boys in 1995. He was handed a suspended death sentence in 1995 that was commuted life in prison after two years.

The court apologizes to Zhang

Zhang applied for a retrial in 2017 and it was granted last March and then finally ruled on last month.

"After the verdict, a representative of the Jiangxi High People's Court apologized to Zhang Yuhan on behalf of the court, and informed him he has the right to apply for state compensation," said the official summary of the case that was published on the court's website.

Before Zhang, the longest wrongful sentence was held by Liu Zhonglin, who was imprisoned at the age of 22 and released 25 years later. Liu was awarded 4.6 million yuan (US$670,000), about 500 yuan for each of the 9,217 days he was in prison.

Zhang, now 53, spent 9,778 days behind bars and is applying for 7 million yuan in compensation, according to his lawyer.

"I was taken as a young man and returned as a geezer, but I still have to thank the government for giving back my innocence," Zhang told local media on Wednesday.

But the emotional toll the almost 27-year sentence had on his family cannot be compensated with money; time is not something they can reverse.

Zhang with his ex-wife who helped his appeal

At the time of his imprisonment Zhang had a wife and two sons. She divorced him after being deprived of an income for six years and remarried, though she continued to help him with his appeal. Zhang came out of jail to meet his grandchildren, the oldest one is 12 years old.

"I've seen a lot of brothers and sisters, a lot of relatives, but I don't recognize many," Zhang said, adding his mother now 84, was the hardest to recognize.

Zhang says he was tortured by public security officers to produce a confession that contributed to his original conviction. However, the Jiangxi High People's Court rejected the application by Zhang and his lawyer to have such evidence disqualified, citing a lack of evidence behind the claims.

But now Zhang wants the relevant legal authorities to take action against those who allegedly pressured him to give a false confession.

What are the chances the authorities will actually track down those people from 27 years ago? Zhang may never get the justice he wants to see.

Zhang with his 84-year-old mother

China has one of the highest conviction rates in the world at 99.9 percent in 2016, while the conviction rate in the US federal court system is 93 percent.

In 2014 the Supreme People's Court abolished the use of conviction rates as a performance benchmark in the hopes that it would lead to fewer miscarriages of justice, and reduce the instances of torture and forced confessions.

But no one listened to Zhang, or his older brother Zhang Minqiang, who said he wrote over 1,000 letters of appeal throughout his brother's imprisonment.

How will Zhang ease back into normal life again? It will be a massive challenge for him, not only from a practical sense, but also psychologically having been through so much.

Hopefully his compensation request will be approved, but how do you even begin to compensate for 27 years of lost time?

An Unjust End

Qiang Qiang's painting of him and his dad

Many in China are feeling sorrow and anger for Zhang Jing, the 39-year-old widow of Xia Junfeng, who was executed this week for killing two chengguan or urban administrative and law enforcement bureau.

The chengguan are meant to ensure municipal bylaws are followed, mostly cracking down on street vendors. However the chengguan do not seem properly trained, nor do they have much education. In short, they are basically thugs working for the city.

Then there is Xia, who lost his job in a government-run factory and resorted to grilling kebabs and sausages on the street in Shenyang, Liaoning province in northeastern China, and by the way is pianist Lang Lang's hometown.

Xia was just trying to make a living for him and his young family -- though unlicensed -- when two chengguan approached him 2009 and beat him up. They then took him to an interrogation room where he stabbed them with a small knife, killing both.

In court Xia claimed he was provoked by the chengguan and killed them in self defense. However he was convicted in 2009 and it was not until earlier this week the death sentence was upheld, shocking everyone despite a very public campaign to at least give him a lesser sentence.

Xia Junfeng testifying in court for killing two chengguan

He and his wife had hoped for a last minute reprieve, but in the end Zhang only had half an hour to see her husband for the last time, and they weren't even allowed to take a picture.

Xia was executed by lethal injection and then soon after Zhang was given a bag containing her husband's ashes.

Their son is now 13 and is artistic, creating a number of paintings that visually describe his state of mind, which has resulted in even more sympathy for the family. Many have come to buy the works, and even a hardcover collection of his art has been sold out.

Many sympathizers have bought Qiang Qiang's paintings

Influential Taiwanese singer, actress and writer Annie Yi has adopted the boy Qiang Qiang as her godson and has pledged to financially support his education. She is an avid microblogger who has some 14 million followers in Sina Weibo.

Many are comparing Xia's case with that of Gu Kailai, Bo Xilai's wife, who was convicted of killing Briton Neil Heywood. She pleaded guilty to pre-meditated murder and got a suspended death sentence, so why should Xia be put to death?

The family in happier times

Legal experts have commented on the case saying the prosecution's arguments had many holes, including contradictory statements and lack of witnesses.

Wang Jianxun, a professor at the Chinese University of Political Science and Law, said the verdict amounted to "legal regression".

"The legal system clearly has taken the side of the urban management," Wang said. "This is an unjust verdict."

Some think Xia's case may spark China's Arab Spring, but unfortunately there isn't enough momentum to channel the frustration to the next level. Sadly this is yet another unjust case that has been dealt with and left by the wayside.

We hope Zhang and her son will find the strength to move on and rebuild their lives in the memory of Xia.