Qiu Xinghua is escorted away for execution after the appeal
court upheld the death sentence in Shaanxi Province December 28, 2006.
At 9:57 AM yesterday, Qiu Xinghua was executed with a single
gunshot near a river in Ankang, Shaanxi Province.
The 47-year-old farmer, who told the court "I must pay for what
I did," paid for it with his life for 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"
seemed to think and behave normally.
During the hearing of the appeal in the second trial, Qiu stated
that he was normal and did not 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
which was found to be not true.
Using an axe and knives, he hacked them to death while they were
asleep at night.
As he was trying to flee, 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, made 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 diseases. Neighbors confirmed that Qiu's mother
is mentally abnormal.
A defence lawyer's request for a psychiatric evaluation was made
during the second trial on December 8, but it 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 misgivings,
it would harm his rights.
"What we care about is not the specific case, but the integrity
of the country's judicial system," the experts said.
The Criminal Law stipulates that if a mental patient's actions
when he is unable to control himself lead to dangerous
consequences, he shall not 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 has been some speculation that the provincial high court
would not deliver the final verdict before the year-end, as the
Supreme People's Court re-assumes the power of death penalty review
from local high courts starting January 1 a change aimed to
exercise strict control over the penalty.
(China Daily December 29, 2006)