• Campaigns

China: Chinese man faces execution: Wang Yang

, Index number: ASA 17/009/2010

A Chinese man, Wang Yang, could be executed within a week if China's Supreme People's Court (SPC) approves his death sentence. His case has been heard a total of nine times by different courts since he was first sentenced in 2003. China provides no clemency procedures for condemned prisoners after they have exhausted their appeals through the courts.

UA: 34/10 Index: ASA 17/009/2010 China Date: 12 February 2010
URGENT ACTION
CHINESE MAN FACES EXECUTION
A Chinese man, Wang Yang, could be executed within a week if China's Supreme People's Court
(SPC) approves his death sentence. His case has been heard a total of nine times by different
courts since he was first sentenced in 2003. China provides no clemency procedures for
condemned prisoners after they have exhausted their appeals through the courts.
The Xinxiang City Intermediate People’s Court in eastern China sentenced Wang Yang to death in 2003 for
fraudulently raising funds,” “loan fraud” and “escape from detention after what his lawyer’s argue was an unfair
trial. According to the verdict, he had raised approximately 253 million Yuan (US$37 million) by promising high
interest rates on funds invested in the “co-operatives” which were owned by his firms and a branch of a government-
affiliated bank. He then allegedly diverted the funds to his firms’ bank accounts to cover his personal expenses.
The appeal court returned the case to the first court for retrial because it felt there were too many questions
unanswered. The first court again handed down a death sentence, which the appeal court then upheld. However, the
death sentence was then reviewed by the SPC who returned it for retrial on the basis of insufficient evidence. The
court of first instance handed down a third death sentence, and the appeal court returned the case for retrial again.
The first court handed down a death sentence for a fourth time, which was then upheld by appeal court. The SPC is
now reviewing the case again. Wang Yang’s family has pointed out that despite all the retrials and hearings, there
has never been further investigation into the alleged crime instead the same evidence has been submitted each
time, raising questions about why the courts have reached different verdicts when considering the same case.
Chinese media and critics have raised concerns that the death penalty is applied inconsistently for economic crimes.
Du Yimin, a businesswoman who was executed on 5 August 2009, was also found guilty of "fraudulently raising
fundsof 700 million Yuan (US$102 million). The day before she was sentenced to death, an official who used
15.8 billion Yuan of public funds to cover his personal spending was sentenced to a fixed term of imprisonment.
PLEASE WRITE IMMEDIATELY in Chinese or your own language:
calling on authorities not to execute Wang Yang;
urging the Supreme People’s Court to remand the case for a retrial that meets international fair trial standards;
urging the National People's Congress to introduce a legal procedure for clemency;
urging the National People’s Congress to eliminate the death penalty for all non-violent crimes;
calling for an immediate moratorium on executions with a view to abolishing the death penalty.
PLEASE SEND APPEALS BEFORE 26 MARCH 2010 TO:
Supreme People's Court President
WANG Shengjun Yuanzhang
Zuigao Renmin Fayuan
27 Dongjiaomin Xiang
Beijingshi 100745
People's Republic of China
Fax: +86 10 65292345
Salutation: Dear President
National People's Congress Standing
Committee Chairman
WU Bangguo Weiyuanzhang
Quanguo Renda Changwu Weiyuanhui
Bangongting
23 Xijiaominxiang
Xichengqu, Beijingshi 100805
People's Republic of China
Fax: +86 10 63097934
Email: icc@npc.gov.cn
Salutation: Dear Chairman
And copies to:
President
HU Jintao Guojia Zhuxi
The State Council General Office
2 Fuyoujie
Xichengqu
Beijingshi 100017
People's Republic of China
Fax: +86 10 63070900
Also send copies to diplomatic representatives of China accredited to your country. Please check with your section office if sending appeals after
the above date.
Date: 12 February 2010
URGENT ACTION
CHINESE MAN FACES EXECUTION
ADDITIONAL INFORMATION
The death penalty is applicable to approximately 68 offences in China, including non-violent ones. China executes more people
every year than any other country in the world. Amnesty International estimated that China carried out at least 1,718 executions
and sentenced 7,003 people to death in 2008. These figures represent a minimum the real figures are undoubtedly much
higher. A US-based NGO, the Dui Hua Foundation, estimates that between 5,000 and 6,000 people were executed in 2008,
based on figures obtained from local Chinese officials. Statistics on death sentences and executions in China are classified as
state secrets.
In January 2007, the practice of having the Supreme People’s Court (SPC) review all death sentences was restored; it had been
suspended in 1982. All death sentences must now be reviewed by the SPC, which has the power to approve or remand cases for
retrial. The Chinese authorities have reported a drop in executions since the SPC resumed this review. Nevertheless, the
application of the death penalty remains shrouded in secrecy in China. Without access to such information it is impossible to
make a full and informed analysis of death penalty developments in China, or to say if there has been a reduction in its use.
No one who is sentenced to death in China receives a fair trial in accordance with international human rights standards. Many
have had confessions accepted despite saying in court that these were extracted under torture; have had to prove themselves
innocent, rather than be proven guilty; and have had limited access to legal counsel.
UA: 34/10 Index: ASA 17/009/2010 Issue Date: 12 February 2010

Choose a language to view report