At 9:57 AM yesterday, Qiu Xinghua, was executed with a single
gunshot near a river in Ankang, Shaanxi Province, China.
The 47-year-old farmer who told the court "I must pay for what I
did" paid for it with his life after killing 11 people and
seriously injuring two in July.
The final verdict, announced at 9 AM by the provincial High
People's Court, dismissed Qiu's appeal and said it was unnecessary
to subject him to a psychiatric examination citing lack of
convincing evidence.
A high court source said that during the investigation,
interrogation and court hearings Qiu dubbed the "Temple Killer"
appeared to think and behave normally. During the appeal hearing in
the second trial Qiu stated he was normal and didn't want a
psychiatric examination.
The court found that Qiu killed 10 people in a temple near his
home because he thought one of the victims flirted with his wife.
This found to be untrue. Using an axe and knives, he hacked them to
death while they were asleep at night. As he was fleeing, he robbed
and killed another person and injured two.
Qiu was arrested in August and sentenced to death in October.
However, lawyers and scholars have voiced doubts about Qiu's mental
state.
Liu Xiwei, a 73-year-old psychiatrist, submitted a written
request to the authorities asking for a psychiatric examination to
be conducted as Qiu's behavior exhibited what he called typical
symptoms of mental disease. Neighbors confirmed that Qiu's mother
had mental problems.?
A defense lawyer's request for a psychiatric evaluation was made
during the second trial on December 8 but that was turned down.
Three days later five law professors published an open letter in
the media calling for Qiu to be psychologically evaluated. They
argued that if the request were not granted amid rising concerns,
it would harm his rights.
"What we care about is not the specific case but the integrity
of the country's judicial system," the professors said.
In fact Criminal Law stipulates that if a mental patient's
actions can't be controlled and lead to?dangerous
consequences, they won't be held criminally responsible. However,
some experts believe that Qiu was clear-minded while committing the
crimes. Li Meijin, a psychology professor at the Chinese People's
Public Security University, said Qiu filled in a psychological
questionnaire which showed he was in control of his faculties.
There'd been speculation that the provincial high court wouldn't
deliver a final verdict before the year-end because the Supreme
People's Court re-assumes the power of death penalty review from
local high courts on January 1-- a change aimed at exercising tight
control over the penalty.
(China Daily December 29, 2006)