On the morning of September 2, Zhang Yuhuan, who was acquitted after being injustice for nearly 27 years, was accompanied by his state compensation lawyers Cheng Guangxin, Luo Jinshou, and his family members to the Jiangxi Provincial Higher People’s Court (hereinafter referred to as "Jiangxi Higher Court"). National compensation application.
The main content of the compensation application includes five items: compensation for infringement of personal freedom of 1,017,1564.5 yuan; compensation for infringement of the right to health and follow-up treatment costs of 1 million yuan; compensation for mental damages of 10,17,1564.5 yuan; compensation for grievance expenses of 1 million yuan, each total RMB 22,343,129.
In addition, Zhang Yuhuan also demanded that the Jiangxi High Court, which is the body responsible for compensation, publicly apologize to the compensation claimant on CCTV, People’s Daily, China Youth Daily, Jiangxi Daily, Xinhuanet, Sina.com and other media, and restore Reputation, eliminate the negative impact of wrong judgments.
Apply for three times the daily average salary to calculate personal freedom compensation
The Paper (www.thepaper.cn) previously reported that on October 24, 1993, Zhang Zhenrong and Zhang Zhenwei, boys in Zhangjia Village, Huangling Township, Jinxian County, Nanchang City, Jiangxi Province were killed, and their neighbor Zhang Yuhuan was determined by the police as suspects. .
On January 26, 1995, the first-instance judgment of Nanchang Intermediate People's Court found that Zhang Yuhuan killed two neighboring boys and threw them into the reservoir by hand, string, and stick. He was guilty of intentional homicide and sentenced to death with a two-year reprieve.
Because of dissatisfaction with the verdict, Zhang Yuhuan appealed.
On March 30, 1995, the Jiangxi Higher People's Court ruled to revoke the original judgment and remand it for retrial on the grounds of unclear facts and insufficient evidence.
On November 7, 2001, the Nanchang Intermediate People's Court reconfirmed that the case had "clear basic facts and sufficient basic evidence" and rendered a judgment with the same result as the original first-instance judgment.
Zhang Yuhuan still refused to accept and appealed again.
On November 28, 2001, the Jiangxi Higher People's Court made a final ruling: the appeal was rejected and the original judgment was upheld.
After being imprisoned, Zhang Yuhuan insisted on calling for injustice.
Until August 4 this year, Jiangxi Higher People's Court pronounced on the case in a retrial and finally declared Zhang Yuhuan innocent.
Lawyer Cheng Guangxin told The Paper that since he was taken into custody on October 27, 1993 and was acquitted on August 4, 2020, Zhang Yuhuan lost 9,778 days of freedom. During his detention, his personal freedom was restricted at all times. , Three times the statutory working hours of 8 hours per day for ordinary members of the society. It is obviously unreasonable to calculate the personal freedom compensation at twice the average daily wage.
Cheng Guangxin believes that state compensation should match the value attribute of freedom, and the standard of compensation should follow the principle of "higher".
Zhang Yuhuan wrote in the application for state compensation: “No one wants to use 27 years of freedom in exchange for five million or ten million in compensation. Too low compensation cannot bring out the value of justice, and cannot soothe the trauma caused by the unjust prison. It is not conducive to preventing the recurrence of unjust cases, so it is requested to pay compensation in accordance with three times the national daily compensation standard."
The Paper noted that on May 18 this year, the Supreme Law issued a notice requiring people's courts at all levels to implement the latest daily compensation standard of 346.75 yuan when handling state compensation cases for which they act as the organ of compensation obligations.
According to this standard and the triple compensation requested by Zhang Yuhuan, the compensation for violation of personal freedom claimed by Zhang Yuhuan is 10171564.5 yuan.
Require 100% of the rate of mental damage relief
In addition to the loss of personal freedom, the nearly 27 years of prison life also swallowed Zhang Yuhuan's health.
Before being taken away, he was in his prime, in good health and free of any diseases.
After being not guilty, Zhang Yuhuan said that he was subjected to harsh torture in the criminal police team to extract confessions. To this day, there are still scars on his hands and thighs from being hanged and bitten by a wolf dog. The scene of the interrogation often appears in front of him like a nightmare.
Due to prolonged detention and wearing a restraint, his right foot has been severely deformed, and he still needs corrective treatment.
Therefore, he applied to Jiangxi Higher People's Court for compensation for the infringement of the right to health and 1 million yuan for follow-up treatment.
In addition, another 1 million yuan of redress expenses in the compensation application covers transportation, communication and lost work expenses incurred by Zhang Yuhuan’s close relatives who have traveled to Beijing, Nanchang and other places for him several times to report the situation, appeal and accuse him.
In the compensation application, another high-value compensation item is mental damage comfort money.
Cheng Guangxin believes that Zhang Yuhuan, as the known party to the unjust case with the longest loss of free time, has caused huge trauma and irreparable mental damage to him and his family: he could not serve his mother for nearly 27 years, and his wife was seriously ill and remarried. Reluctant to miss the growth of the children can not make up for the responsibility of the father.
Before being acquitted, Zhang Yuhuan went through four trials and endured tremendous mental pressure. “The best 27 years of his life were spent in a high wall due to an injustice. This kind of life disaster is well known.”
Zhang Yuhuan also wrote in the application for state compensation that after receiving a verdict of not guilty, he still lives in boundless fear and regret, and nightmares alternate every day.
So far, the case-handling personnel have not been held accountable, and the mental damage has not been compensated in any form.
Therefore, the Jiangxi Higher People's Court is required to pay the mental damage comfort money that is twice the compensation for the violation of personal freedom, which is 10171564.5 yuan.
The Paper noted that in many similar national compensation cases in recent years, the proportion of mental damage compensation has exceeded the 35% upper limit previously stipulated by the Supreme Law. For example, Liu Zhonglin, who was detained for 9217 days for suspected intentional homicide, was sentenced in April 2018. After being innocent, he received state compensation of 4.6 million yuan, of which 75% of the compensation for mental damage and personal freedom.
Coincidentally, Jin Zhehong, who was acquitted after being detained for 8452 days on suspicion of intentional homicide, received state compensation of 4.68 million yuan in 2019, and the proportion of mental damage relief and personal freedom compensation was 75%.
Cheng Guangxin said that the 27-year innocence verdict was only the starting point for Zhang Yuhuan to return to his normal life.
Having been behind bars for many years, once free, what urgently needs to be repaired is not only abandoned old houses, missing family affection and knowledge of the new world, but also a long time, a lot of energy and sufficient material foundation to restore the shrinking social labor Ability to heal inner trauma, "I hope that after 27 years of innocent innocence and rebirth, Zhang Yuhuan's life will no longer be rough."
Reporter Wei Jiaming