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SINO DAILY
Exiled Tibet leader compares China to N.Korea, apartheid S.Africa
By Marianne BARRIAUX
Paris (AFP) March 12, 2015


Even fewer acquittals in China last year: court
Beijing (AFP) March 12, 2015 - The number of criminal defendants acquitted in China fell last year, figures from the country's top court showed Thursday, even as authorities pledged to avoid miscarriages of justice such as a teenager's wrongful execution for murder.

A total of 778 accused were "declared innocent" by Chinese courts in 2014, Zhou Qiang, head of the Supreme People's Court, said in a report to the annual session of the Communist-controlled National People's Congress (NPC) legislature.

In contrast 1.184 million were found guilty, a conviction rate of 99.93 percent.

The corresponding figures for 2013 were 825 acquittals and 1.158 million convictions, according to Zhou's report last year.

The use of force to extract confessions remains widespread in China and the accused often do not receive an effective defence in criminal trials, leading to regular miscarriages of justice, rights groups say.

Courts are politically controlled, with activists who come to trial virtually certain to be found guilty.

Public anger has mounted over miscarriages of justice, and in a high-profile case, a court in Inner Mongolia region in December cleared Hugjiltu, who was convicted, sentenced and executed for rape and murder in 1996 at the age of 18.

The declaration of his innocence came nine years after another man confessed to the crime.

State-run media have sought to portray the case as demonstrating official willingness to confront the issue, and Zhou said: "We feel deep remorse for wrongful convictions."

Courts at all levels were required to "seriously learn the lessons and further improve the mechanisms that can effectively prevent unjust, false and erroneous cases or correct them in a timely manner", he added.

Nian Bin, a former food-stall owner who was convicted of poisoning two children and condemned to death in 2008, was freed in August after multiple appeals.

Zhao Zuohai, a villager from the central province of Henan, was jailed for murder and released a decade later in 2010 when the man he had been convicted of killing was found alive.

Wang Gongyi, a former director of the justice ministry's Judicial Research Institute, blamed wrongful convictions on police action during investigations.

"Many unjust, false and erroneous cases were created by confessions obtained through torture," he told AFP.

The Communist Party has pledged to ensure the "rule of law with Chinese characteristics" and said it will lessen the influence of local officials over courts.

The leader of Tibet's exiled government on Thursday compared China to the regimes of North Korea and apartheid South Africa when it came to Beijing's iron-fisted control over Tibetans.

Speaking on a trip to Paris aimed at putting the spotlight back onto the Tibetan cause, Lobsang Sangay told AFP in an interview that the arrival of Xi Jinping as China's president had done nothing to ease the situation in the Himalayan region.

The Communist regime is accused of widespread repression of Tibetans' religion, culture and language that has sparked an unprecedented wave of self-immolations, but Beijing categorically denies this, saying it has brought prosperity and better living conditions to an impoverished region.

"Inside Tibet, nothing has changed, in fact it has gotten worse," Sangay said, ahead of a meeting with French parliamentarians.

He said surveillance cameras had been installed all over major urban centres in Tibetan areas, and that Tibetans had been issued with "identity cards with second-generation high-tech chips."

"That means if you show it to any hotel or any check point, they will know exactly where you are from because all your biometrics are in that second-generation ID card.

"It's almost like a reminder of North Korea or East Germany or the apartheid regime -- the control over Tibetan people, (their) every movement."

- 'Shooters on roof tops' -

Sangay, who took over as political leader of the Tibetan cause in 2011 when the Dalai Lama pared back his role, is in Paris until Saturday when he will attend a European rally marking a failed 1959 uprising against China.

That uprising forced the Dalai Lama to flee, and the Tibetan spiritual leader has been living in exile in India ever since.

Both the Dalai Lama and Sangay advocate greater autonomy for the Tibetan region within China, but Beijing accuses them of being separatists and wanting flat-out independence.

As such, Beijing is resisting calls to resume talks with Tibetan officials that broke down in 2010 on securing political and cultural freedoms for Tibetans, and Sangay said Thursday there was still no progress on that front.

In the meantime, more than 130 ethnic Tibetans have set themselves on fire since 2009 in protest at Beijing's rule. Most of them have died.

Sangay said that on certain sensitive dates -- such as the March 10 anniversary of the start of the 1959 uprising -- "you will see shooters on roof tops (of the Tibetan capital Lhasa) looking at Tibetans with their binoculars and guns."

"If you go to any of the major monasteries, just outside the gates there is a military camp."

The Tibetan cause, once hugely popular worldwide thanks to the celebrity status of Nobel Peace Prize winner the Dalai Lama, has lost its momentum in recent years as countries grow increasingly reluctant to go against economic powerhouse China.

Sangay acknowledged this, but said Western countries did not need to make a choice between doing business with China and supporting greater Tibetan autonomy.

He pointed out that business between the United States and China appeared to go on as usual despite US President Barack Obama's public encounter last month with the Dalai Lama in Washington, which was slammed by Beijing.

"Money is important, so you must have business engagement with China. At the same time, you should stand up for your moral values," he said.

"Otherwise you come to France... the country of liberty, and you find that the very word French people take pride in is not supported when it's actually needed."

Sangay also reiterated his belief that the non-violent model of resistance in Tibet was preferable.

"It's a bit frightening. Marginalised groups around the world will notice that the headlines, the front page news is all about conflicts, and violence and beheadings and burning of people. That's what gets more attention and the discourse at the international level is about how many arms... and how many tanks to send," he said.

"So people might think that's the option to pursue. But we believe that's the wrong option. Non-violence in the long-run is beneficial for all sides, hence Tibet as a non-violent model is very important."


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