rape

Huge Jiletu Rape and Murder Case (呼格吉勒图强奸、故意杀人案)

The defendant/exoneree 

  • Huge Jiletu (呼格吉勒图), born in 1978; he was 18 when he was executed.

Facts

  • On the night of April 9, 1996, Huge heard a scream from a women’s restroom near where he worked. Huge and his friend Yan Feng went together to check out what happened. They discovered a female body, naked below the waist, on her back on top of a low wall in the women’s restroom. They reported the crime to the local police. On April 11, 1996, the police suspected that Huge was the perpetrator and detained him for interrogation. Huge was tortured by the police and finally confessed that he raped and killed the victim. Huge was convicted of hooliganism and intentional murder, and sentenced to death on May 23, 1996.

  • Nine years after Huge’s execution, Zhao Zhihong who was arrested for a series of rape and murder charges confessed that he was the real perpetrator in Huge’s case.

  • Other special facts about this case:

    • Huge’s case was highly publicized in 1996 as a triumph of cracking down on crimes. Some police officers, prosecutors and judges were promoted due to their work on Huge’s case.

    • In 1996, China was in its second “strike hard” campaign against violent crimes. The campaign required that certain types of crimes, usually violent crimes, should be punished strictly, severely and quickly. At that time, the authority to review death penalty cases was delegated to provincial high courts by the Supreme People’s Court. In Huge’s case, it was the Inner Mongolia Autonomous Region High Court that reviewed his appeal and affirmed his death penalty.

Procedural history 

  • On May 23, 1996, Huge was convicted of hooliganism and intentional murder of a woman in a public restroom and sentenced to death by the Hohhot City Intermediate Court of Inner Mongolia Autonomous Region.

  • On June 5, 1996, the Inner Mongolia Autonomous Region High Court affirmed the judgment and Huge’s death penalty upon his appeal.

  • On June 10, 1996, 62 days after the crime was discovered, Huge was executed.

  • On October 23, 2005, Zhao Zhihong, a serial rapist and killer was arrested. Among over 20 other cases of rape and murder from 1996 to 2005, Zhao voluntarily confessed that he also committed the crime in Huge’s case.

  • In March 2006, the Political-Legal Committee of the Inner Mongolia Autonomous Region started reviewing Huge’s case and concluded in August 2006 that Huge was wrongfully convicted.

  • On November 28, 2006, the Hohhot City Intermediate Court heard the Zhao Zhihong case.

  • On November 20, 2014, the Inner Mongolia Autonomous Region High Court re-opened the Huge case.

  • On December 15, 2014, after having reviewed all case documents, and retried the case, the Inner Mongolia Autonomous Region High Court announced that Huge was not guilty.   

Date of the conviction

May 23, 1996

Date the wrongful conviction was reversed

December 15, 2014

Days incarcerated

Executed.

Why was the case reopened/reversed 

  • On October 23, 2005, Zhao Zhihong was arrested and confessed his crime in Huge’s case. Zhao’s confessions was voluntary and consistent. Since then, Huge’s family petitioned to re-open Huge case. Meanwhile, both cases were highly publicized by China’s news media and raised a lot of public attention. In March 2006, the Inner Mongolia Political-Legal Committee formed a review group on Huge case and preliminarily concluded that Huge was wrongfully convicted. Some news media in China kept reporting these two cases. Public opinion had a great impact on the re-opening of Huge case. On November 20, 2014, the Inner Mongolia High Court decided to re-open the case.

Factors contributing to the wrongful conviction

False confession

  • The police deceived Huge by telling him that the victim did not die, and that he could go home as soon as he confessed.

  • Huge was physically and mentally tortured during police interrogation. They did not allow Huge to use the restroom unless he confessed first. Huge was told that he had to confess in accordance with what the police had told him. His testimonies during the first police interrogation and during the prosecutors’ interrogation contested that he did not commit the crime. But the procuratorate failed to pay attention to Huge’s contesting testimony.

Flawed police investigation

  • In order to explain Huge’s motive of the crime, the police tried to make eyewitness Yan Feng testify that Huge watched pornography. But Yan Feng contested. Under the pressure from the police, Yan Feng had to fabricate that Huge had made dirty jokes.

Problematic forensic evidence

  • The police collected the sperm sample from inside of the victim’s body. But no forensic test was done.

  • The police in Zhao Zhihong’s case also collected Zhao’s sperm sample, but did not conduct any forensic test to identify whether the sample from the victim matched the sample from Zhao.

  • In Huge’s case, the alleged most powerful incriminating evidence was the forensic evidence showing that the type of blood found in Huge’s nail matches that from the victim’s cut on her neck. But the first response police officer who investigated the crime scene informed a reporter at the Xinhua Net in 2014, that the victim did not have any cut. Unfortunately, this police officer did not handle this case after he handed the first report to the police station, and did not testify for the case.

Prosecutorial errors

  • The procuratorate did not check the work of the police before indicting Huge.

Defense lawyer's errors/absence

  • Huge was represented by two lawyers, but the lawyers did not claim Huge was innocent. Instead, their defense hinged on attempting to obtain a lesser punishment and only argued that Huge was a first-time offender and a national minority.

Court's errors

  • Failed to exclude the illegally gathered evidence (i.e. confession extorted from torture, fabricated blood test from the victim’s neck).

  • Failed to admit Huge’s exculpatory testimony. Did not carefully analyze the conflicting evidence.

Other developments

  • It took nine years for the court to re-open the Huge case after Zhao Zhihong admitted that he was the real perpetrator in the Huge case.  By that time, many of the people involved in the handling of Huge’s case had been promoted to high and important positions. A retired prosecutor who has supported the re-opening of Huge case was threatened and severely injured by anonymous people. 

  • In December 2014, a Deputy Chief Judge of the Inner Mongolia Autonomous Region High Court offered an apology to Huge’s parents.

  • On February 3, 2015, the parents of Huge received about RMB 2.05 million of State compensation.

  • The president of the Supreme People’s Court Zhou Qiang mentioned this case in his 2014 annual report to the National People’s Congress, stressing “we are the one that should be deeply blamed for those wrongfully convicted, such as Huge.”

  • Zhao Zhihong was convicted of four counts of crime: murder, rape, robbery and theft, and was sentenced to death in 2015. He was executed on July 30, 2019. However, the court held that there was insufficient evidence to prove that Zhao was the real perpetrator in Huge’s case.

  • In January 2016, 11 police officers, 7 prosecutors and 8 judges were held accountable for Huge’s wrongful conviction and were punished by the Chinese Communist Party’s internal disciplines from severe disciplinary admonition to major demerit recording.

Information sources

Nie Shubin Rape and Murder Case (聂树斌故意杀人、强奸案)

The defendant/exoneree 

  • Nie Shubin (聂树斌), born on November 6, 1974; he was 21 when he was convicted and executed for rape and intentional murder.

Facts

  • On August 5, 1994, a decomposed female body was found in a corn field nearby an industrial compound. Nie, who was working at one of the factories in the compound, was found to be suspicious for “often riding a mountain bike following women,” as some unnamed witnesses stated. Nie was detained and questioned on October 1, 1994. While in custody, he did not confess until the sixth day. On October 9, 1994, Nie was formally arrested.

Procedural history 

  • On March 15, 1995, the Shijiazhuang Intermediate Court convicted Nie of intentional murder and rape and imposed the death sentence on him.

  • On April 25, 1995, the Hebei Province High Court affirmed the conviction and sentence.

  • On April 27, 1995, Nie was executed.

Date of the conviction

March 15, 1995

Date the wrongful conviction was reversed

December 2, 2016

Days incarcerated

Executed

Why was the case reopened/reversed 

  • Nie Shubin’s mother kept petitioning ever since he was detained.

  • The victim’s family had doubted Nie’s capacity to commit the crime since day one. They claimed the victim was a 36-year-old married woman with some martial arts training and Nie was a 21-year-old lightly built man. 

  • In January 2005, Wang Shujin, who was then a suspect of several other rapes and murders, was detained by the police in Henan Province.  He voluntarily confessed many times that he had raped and murdered a woman in a corn field of the west of Shijiazhuang City, Hebei Province. After his case transferred to the Hebei police, Wang first learned that the Shijiazhuang case had been cleared and “the perpetrator” had been executed. Nevertheless, Wang had still insisted that he was the real perpetrator in Nie’s case.

  • A local new paper profiled this unusual case with the title - “one murder two real perpetrators.“

  • After Wang Shujin’s confession, Nie’s case attracted a lot of public attention, which pushed for clarification of the Nie case and delayed Wang’s execution.

  • On March 16, 2005, the Hebei Provincial Political-Legal Committee promised to investigate the Nie case and release a conclusion in one month. But a conclusion had not been released before Nie was exonerated by the SPC.

  • In December 2014, the SPC appointed the Shandong Provincial High Court to exercise jurisdiction over Nie’s case review. After review, the Shandong Provincial High Court concluded that the original conviction is not supported by sufficient evidence and that the possibility that Nie was not the real perpetrator cannot be excluded. It further suggested the SPC to re-open this case.

  • In March 2015, Nie’s lawyers were allowed the first time to review the entire case files.

  • In June 2016, the SPC decided to re-open this case.

  • On December 2, 2016, the SPC publicly announced that Nie was not guilty.

Factors contributing to the wrongful conviction

False confession

  • Nie was tortured by the police and forced to confess. According to Nie’s lawyer, and a police officer Zheng who worked at the same police station where Nie’s case was handled, Nie confessed because he was beaten by the police. According to police officer Zheng, it was very common in the 1990s, especially during the “strike hard” campaign, that suspects were beaten and forced to confess.

Dubious witness identification/statements

  • No eye witnesses at the crime scene.

  • Some witness statements indicated that a young man that likes to ride a mountain bike was following women and looking at them with “evil eyes.”

Problematic forensic evidence

  • No sperm collected. No DNA test done.

Defense lawyer's errors/absence

  • Nie’s lawyer Zhang Jinghe was appointed by the court for free. He did not claim Nie was innocent, but raised that Nie was a first-time offender and had shown repentance after the crime, with hope that Nie could receive a lenient sentence.

Court's errors

  • Failed to exclude the forensic report and the crime scene investigation report even though those two documentations were not signed by two witnesses as required by the law.

  • Failed to exclude the illegally extracted confession.

Other developments

  • In March 2007, Wang was convicted of a series of murders and rapes and was sentenced to death, but was acquitted of the murder and rape in Nie’s case.

  • During Wang’s trial, Wang and his lawyer tried to prove Wang committed the crime in Nie’s case, while the prosecutor contested that Wang did not commit that offense.

  • In April 2007, Wang appealed his conviction on the ground that his offense in Shijiazhuang was not prosecuted.  

  • In September 2013, Wang’s appeal was overturned and the conviction was affirmed on the ground that Wang’s confession on that crime does not match some physical evidence. For example, Wang confessed that he stepped on the chest of the body after the crime, but the forensic evidence does not show there is any chest fracture on the body; Wang confessed that the victim was wearing a shirt with a pattern of small flowers, but the physical evidence shows that the pattern is different. However, the victim’s father claimed that the police came to their home and took more than one of the victim’s shirts. The victim’s father also claimed that the shirt the police presented at Nie’s trial is different from the one they presented at Wang’s trial.

  • During the death penalty review process, in November 2020, the SPC remanded Wang’s case to the trial court for a new trial, citing discovery of new evidence.

  • The trial court again convicted Wang of murder and rape, and sentenced him to death. Wang appealed.

  • Wang’s conviction and sentence was affirmed by the appellate court in December 2020.

  • Wang was executed on February 2, 2021 after the SPC reviewed and affirmed Wang’s death penalty sentence.

  • There is speculation that Wang was seeking credit by confessing to the offense in Nie’s case because it could lead to a lenient sentence if he confessed to a crime committed by him but not known by the investigator before his confession.

  • In March 2017, Nie’s parents received 2.68 million RMB of State compensation.

Information sources

Wang Benyu Rape and Murder Case (王本余故意杀人、奸淫幼女案)

The defendant/exoneree 

  • Wang Benyu (王本余), born in 1954; he was 42 when he was arrested and was 60 when he was finally released.

Facts

  • In December 15, 1994, when Wang came back to his rental apartment from work, Li Yanming, Wang’s roommate, told Wang that he killed a little girl. Li asked Wang to help him dispose of the body. Li threatened that if Wang turned him in, Li was going to kill Wang and Wang’s six-year-old daughter, who was living with them, just like he killed the girl. Later Li also begged Wang not to report the incident. That night, Wang carried Li and the body in Wang’s tricycle to dump the body at a place about six thousand yards away from their rental apartment. The next day, Li ran away and Wang was detained by the police.

  • Wang did not appeal because he was told by a ward at the detention center that he would get transferred to a prison sooner without any further delay from the appellate proceeding (usually the living conditions in a prison are considered better that that in a detention center). Wang later said that he would rather die than be kept in a detention center.

Procedural history 

  • In March 1995, the police sent the case to the Baotou City Procuratorate for review and prosecution. The procuratorate later sent the case back to the police for supplemental investigation due to lack of forensic evidence to connect Wang to the crime and the suspicion that Li Yanming might be the real perpetrator.

  • In November 1996, Wang Benyu was charged with the crime of rape and intentional murder. He was originally convicted and sentenced to death with two years suspension by the Baotou Intermediate Court of Inner Mongolia Autonomous Region. Wang Benyu did not appeal.

  • In March 1997, the High Court of Inner Mongolia Autonomous Region reviewed and approved Wang’s sentence.

Date of the conviction

March, 1997

Date the wrongful conviction was reversed

July 22, 2013

Days incarcerated

6,793 days

Why was the case reopened/reversed 

  • After Wang was sent to prison to serve his time, he started to write petition letters claiming that he was wrongfully convicted. But he stopped petitioning after the first two years of imprisonment because he realized that his petition made his sentence commutation difficult.

  • On February 13, 2012, Li Yanming was arrested by the police in Beijing for another murder. Li confessed that he committed the rape and murder in Wang’s case.

  • On July 22, 2013, Wang was released.

  • In September 2013, the Baotou Intermediate Court re-tried the case and found that Wang was not guilty of rape and murder, but was guilty of concealing a crime. Wang was sentenced to three years imprisonment. Because Wang had served his time for 18 years before the second conviction, he was released right away.

Factors contributing to the wrongful conviction

False confession

  • Wang did not confess until he was severely physically tortured by the police. He gave 10 statements before trial, with eight statements indicating that Li Yanming was the real perpetrator, and two indicating himself.

Problematic forensic evidence

  • The victim had a bite mark on her face. Wang has two protruding teeth. Without any testing, the police told Wang that they think the mark must have been left by him. No semen was found, though Wang confessed that he ejaculated inside of the victim’s body. No DNA testing had been done in this case.

Dubious witness identification

  • Wang Benyu’s daughter, who was eight at the time, gave written statements identifying her father as the perpetrator who killed the victim.

Ignored exculpatory evidence

  • Wang told the police that Li Yanming was the real culprit and provided the police with Li’s hometown address. But the police did not conduct a thorough investigation on Li’s whereabouts.

Prosecutorial errors

  • Both the procuratorate and the court compromised with the Baotou City Political-Legal Committee, which had set a tone for the case in September 1996. The compromise was that although this is a difficult case, the procuratorate still could charge Wang for rape and murder, and the court should make its decision according to the actual circumstances.

Defense lawyer's errors/absence

  • None. Wang was represented by a lawyer who defended him by arguing that the case lacks evidence to implicate Wang, and that Wang is an accessory offender of the crime charged.

Court's errors

  • Compromised with the local political-legal committee.

Other developments

  • In November 2013, Wang received state compensation of 1.5 million RMB.

Information sources

Zhang Hui, Zhang Gaoping Rape Case (张辉、张高平强奸案)

The defendants/exonerees

  • Zhang Gaoping (张高平), born in 1965

  • Zhang Hui (张辉), born in 1976

Facts

  • In the evening of May 18, 2003, as requested by a friend, Zhang Hui and Zhang Gaoping gave a ride to a 17-year old girl from Anhui Province to Hangzhou, Zhejiang Province while en route to deliver electric cables to one of their clients in Shanghai. The next morning, the girl was found dead and naked in a ditch in a suburb of Hangzhou. The police found the phone numbers of the Zhangs on the victim’s person and therefore detained them on May 23, 2003. On June 28, 2003, the police arrested the Zhangs. The Zhangs were convicted of rape on April 21, 2004.

  • Zhang Hui and Zhang Gaoping are relatives of each other. Zhang Hui is the nephew, and Zhang Gaoping is the uncle.

  • Other special facts about this case:

    • The Zhangs claimed that they dropped off the girl in Hangzhou in the early morning of May 19, 2003. They insisted that they are innocent.

    • Yuan Lianfang, a cellmate and the head of the Zhangs’ cell room during pretrial detention, forced them to copy out a pre-written confession letter.

Procedural history 

  • On April 21, 2004, Zhang Gaoping and Zhang Hui were convicted of rape by the Hangzhou Intermediate Court. Zhang Hui was sentenced to death and Zhang Gaoping was sentenced to life imprisonment.

  • On October 19, 2004, the Zhejiang Province High Court commuted both of their sentences upon appeal. Zhang Hui was sentenced to death with two-year suspension and Zhang Gaoping was sentenced to 15 years in prison.

Date of the convictions

April 21, 2004

Date the wrongful convictions were reversed

March 26, 2013

Days incarcerated

7,192 (total for two defendants)

Why was the case reopened/reversed 

  • Zhang Gaoping, Zhang Hui and his father Zhang Gaofa, had continuously petitioned even after the convictions.

  • On March 18, 2005, Zhang Gaoping learned while watching TV in the prison that a man named Gou Haifeng, a former taxi driver and criminal offender was executed for murdering a young girl in a suburb of Hangzhou. Zhang Gaoping thought that Gou might be the real perpetrator in his case because of the similar victim profiles, the similar locations where the bodies were found, and the similar method of killing.

  • In 2008, Zhang Gaoping read an article about another case where the defendant, Ma Tingxin, was also compelled to confess by Yuan Lianfang. The Zhangs believed that Yuan is the same cellmate who beat and forced them into confession. Zhang Hui mailed this article to his father Zhang Gaofa; and Zhang Gaoping provided this article to a prosecutor named Zhang Biao (not related), who was in charge of supervising the prison where Zhang Gaoping was serving his time.

  • At the same time, Zhang Gaoping’s stubborn and consistent refusal to comply with prison rules attracted the attention of the local procuratorate.

  • Through investigation, prosecutor Zhang Biao found that Yuan Lianfang was a prisoner used by the police in multiple cases to help extort confessions from other inmates. Zhang Biao reported his finding to his supervisors and other government agencies and kept bringing this case to his supervisors’ attention till it was reopened.

  • Zhang Gaofa and prosecutor Zhang Biao finally found Ma Tingxin’s lawyer who agreed to provide free legal aid to Zhang Hui. The lawyer, Zhu Mingyong, later found that court documents showed that Yuan Lianfang had received sentence commutation twice when he was sent to other detention centers to assist the police in closing cases.

  • In 2010, lawyer Zhu started filing petitions with the court to re-open the Zhangs’ case.

  • On November 21, 2011, the Dongfang Daily newspaper reported on the suspicious facts in the Zhangs’ case and the identity of Yuan Lianfang. The next day, the Hangzhou police checked the DNA sample in Zhangs’ case against that of Gou Haifeng’s, who had been executed for his previous crimes, and found a match.

  • The media reports on this case accelerated the re-opening of this case. The police finally checked the DNA evidence they should have checked six years earlier.

  • On February 27, 2012, the Zhejiang Provincial High Court re-opened the case and organized a new collegial bench to rehear the case.

  • On March 20, 2013, the Zhejiang High Court retried the Zhangs’ case and publicly announced that the defendants are not guilty six days later.

Factors contributing to the wrongful convictions

False confessions

  • The Zhangs were severely tortured, both physically and mentally, by the police. They were deprived of food and sleep. The police used their cellmate Yuan Lianfang to extort false confessions from the Zhangs.

  • The Zhangs also underwent police interrogation for seven consecutive days and nights.

Problematic forensic evidence

  • The DNA sample, which was found in the victim’s finger nails, did not match the Zhangs. But the judgment explained that victim might have caught the DNA sample from somewhere else. Therefore, it did not prove that the defendants had not committed the crime.

Defense lawyer's errors/absence

  • None. Both defendants were represented by lawyers who maintained their innocence.

Court's errors

  • Did not exclude illegally obtained evidence. Failed to uphold the presumption of innocence. In the final retrial, the Zhejiang High Court finally excluded the illegally obtained evidence it had originally admitted.

Other developments

  • Nie Haifen, a police officer who was in charge of investigation in this case, was rewarded by the Hangzhou Police in 2006 for her extraordinary service for more than 20 years. In her promotion materials, it stated that she had “led the investigation of over 350 serious and major cases in the past five years. Her cases were 100% accurately resolved. … no wrongful convictions …”

  • On May 17, 2013, the Zhejiang High Court decided that the Zhangs were entitled to State compensation totaling 2.21 million RMB (last updated June 20, 2022).

Information sources