By China correspondent Matthew Carney ABC News
Zhu Jingru visits the
gravesite of her son, who was executed almost a decade ago.
China likes to present itself as an alternative model to lead the world
in development and governance, but critics say its justice system still has a
very long way to go.
More people are executed in China each year than in the rest of the
world combined, and it is believed some of them are being wrongly convicted
because of fundamental flaws in the justice system.
The ABC has obtained secret mobile phone video of one execution that
took place in northern China.
In the video, a man is taken into a field. Surrounded by dozens of
security personnel, he is forced to kneel — and is then shot in the back of the
head.
Families only find
out after loved ones executed
Executions in China are classified as state secrets. Names of the people
killed are not released, and families only find out after their loved ones have
been put to death.
Zhen Lin is one of the few people inside China working to advocate
against the death penalty.
She works for a small non-government organisation called China Against
the Death Penalty.
"Our estimate, sourced from court judgement documents and related
media reports, says 2,000 [people] were given the death penalty in the last
year," she said.
"And that is a very conservative estimate."
At a cemetery in Jiangsu province in Eastern China, Zhu Jingru
is inconsolable at her son's gravesite.
Her
pain is very great, as she believes her son was wrongfully convicted and
executed for a murder that he did not commit.
Slumped
over the gravestone and wiping back tears, Zhu Jingru tells her dead son:
"Mum is here to visit you, my poor child."
Ms
Zhu has devoted her life to clearing the name of her son, Yu Haidong, who was
executed almost a decade ago on October 14, 2008.
She
has obtained the original police interview transcripts and says the evidence
speaks for itself.
She
says her son was not present when the murder he was accused of took place after
an argument in a bar.
Ms Zhu says her
son's organs were harvested
Yu had gone to support a friend, but when he turned up at the scene, the
crime had already been committed, Ms Zhu says.
Ms Zhu claims the police found a knife in Yu's car and used that to
frame him for the murder.
According to the police forensic investigation, the real murder weapon
was a much larger knife, more like a machete.
"They didn't find any bloodstain on his knife, there was no
bloodstain on him," Ms Zhu said.
"They found none of the victim's DNA on him. They had no
evidence."
The Chinese courts have refused Ms Zhu's repeated requests for a
retrial.
Ms Zhu says it is a cover-up because the real killer paid a bribe to the
judge, and because her son's organs were harvested.
"We demanded to see the remains of my son, but the court
refused," she said.
"His father was a surgeon, we wanted to see whether my child's body
was intact.
"They only gave us a slip of paper to collect his ashes the next
day. It means they took his organs.
"My son was 28 when he died, he was tall at 1.8 metres and
handsome. They would sell his organs easily. It's is a great catastrophe, we
have lost our only child."
Confessions often coerced
or extracted under torture
China banned the harvesting of organs from executed prisoners in 2015,
but fundamental changes to the justice system still have to take place to stop
the innocent being executed.
Experts say a confession, not evidence, is still the primary way to
secure a conviction, and often that's coerced or extracted under torture. Once
in court, there's little chance of a fair trial, and 99 per cent of cases are
convicted.
Zhen Lin from China Against the Death Penalty said quotas also have to
be reduced.
"At present there's still a focus on the rate of solving cases and
the fulfilling [of] quotas.
"For example, for drug-related crimes they promise how many cases
they'll solve in a year, how many drugs they'll destroy and how many will be
convicted and executed."
Zhen Lin said the system has actually improved when you consider the
number of executions has dropped from 10,000 a year a decade ago, and there
have been some reforms.
Now, all death penalty cases have to be reviewed by a higher court — but
she says much more has to be done.
"Thirteen types of crimes for the death sentence have been
abolished, but China still has 46 types of crimes for capital punishment,"
she said.
"We are pushing for non-violent crimes and drug-related crimes to
be excluded too."
But that's no relief for Ms Zhu, who said she wants justice to be served
on behalf of her son.
"I want the truth to be restored and I want those in the circle of
the police, the prosecutors and the judges who were corrupted and abused the
laws, who were involved in falsification and who fabricated the facts in my
son's case, to be severely punished," she said.
"This is my demand, it's hard to say whether it can be
achieved."
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