She Xianglin, a former police station roundsman who was released from prison on April 1 after having been wrongfully jailed for 11 years, yesterday demanded that the State pay him 4.37 million yuan (US$528,000) as compensation.
"The claim for compensation is based on She's mental injuries suffered, restrictions to his freedom and infringements on his rights of life and health," She's lawyer Zhou Feng told China Daily yesterday.
She, a 39-year-old man from central China's Hubei Province, was locked up over a decade ago after being convicted of killing his wife, Zhang Zaiyu, who disappeared in 1994 in Jingshan County in the same province.
After a female body was found near where Zhang was reported to have gone missing, local police arrested She. Jingshan County People's Court sentenced him to 15 years imprisonment in 1998.
But Zhang was not dead, and reappeared this March, proving her long-suffering husband's innocence.
She claimed that police tortured him in order to make him give a false confession.
In the court action launched yesterday, She called for the authorities who wronged him 11 years ago to be held legally accountable.
Besides the local police that have been accused by She of extracting his confession through torture in the four years after his arrest, the county court that sent him to prison in 1998 and the public prosecutor are also believed to have had a hand in his unlawful imprisonment.
Furthermore, the finger was firmly pointed at the local Party committee's political and legislative affairs commission for interfering in the trial seven years ago and deciding on a 15-year sentence even before the court case had concluded. She yesterday formally requested a public apology from the relevant judicial departments.
The compensation action was received by Jingmen Municipal Intermediate People's Court yesterday, She's lawyer Zhou told China Daily.
The court will file the case in a week in accordance with Chinese law.
According to the State Compensation Law, the indemnity to citizens whose freedom has been violated is calculated according to average salary. This puts the amount owed to She at 256,000 yuan (US$31,000) for the 11 years he spent in jail.
However, legal experts such as Ma Huaide from the Beijing-based China University of Politics and Law have appealed for legislation governing compensation to citizens for mental injuries.
She's lawyer Zhou also expressed the hope that his client's appeal would help promote a revision of the current law.
Also yesterday, She's elder brother, She Suolin, demanded compensation of 200,000 yuan (US$24,200) from the Jingshan County Bureau of Public Security for mental injuries and loss of work. He spent considerable time appealing the original 1994 decision that imprisoned his brother.
She Suolin was arrested in 1995 by the local police of Jingshan County and was jailed for 41 days.
Nie Maiqing and Ni Xinhai, both jailed for providing evidence that She's wife was alive, are also demanding compensation from the Jingshan County Bureau of Public Security.
(China Daily May 12, 2005)
