大学生同居判强奸 母亲邵允黎为儿伸冤（中、英文 |
Honorable President Hu Jintao, Premier Wen Jiabao, members of standing committee and ministers,
Holder: Shao Yunli. I write this for unredressed injustice of my son. ID Card No.: 320520195703140027. Please allow me to tell the tragic experience incurred in my house, with cuts and bruises and a broken heart.
I will never forget June 19, 2004, when my family fell into the abyss with unredressed injustice. God! What should I do? I was born in Changshu, Jiangsu province. I have a son named Chen Xiaofeng, who was enrolled in Nanjing Medical University in 2002. He had a girlfriend named Zhu Lilan in university and they had been together for 2 years. They once came home together to ask for our advice. Everybody in university knew how deeply they were attached with each other. They had done artificial abortion twice in university. Our family had given RMB40, 000 Yuan as betrothal gift to Zhu Lilan’s family only to find she found another new and wanted to break up with my son. And the most excessive was she lodged a false accusation against my son for rape because she feared to be said to love the new and loath the old with an ungrateful heart. Nanjing Public Security sent my son to the dock and Nanjing Court sentenced him to 3 years for rape without analysis. I screamed in pain but it did not help. I cannot accept it; can we call it “rape”? Just think about the girls make love for the first time, who often yield with a show of reluctance. If this is called rape, all men in the world are rapists.
Please consider this shocking case in which pretence becomes reality, which also
involves social relationships.
I Nanjing Court in Jiangsu made mistakes in characterizing this case in the first and second instance. Supreme People’s Court, Supreme People’s Procuratorate and Ministry of Public Security had explained questions for detailed applied laws during dealing with rape cases. In Article 3 of F.Y.Zi No. 7, it says a) differentiate rape from voluntary misconduct sexual relations in affection; b) differentiate rape from adultery. I have love letters and artificial abortion certificate as evidence.
II The procedures of case were illegal.
1. The defendant had not received filling notice from public security.
2. Extended detention. My son was detented from June 19, 2004 when he was caught in a hotel by Nanjing Public Security to April 15, 2005 when he was sentenced to 3 years and a half in the first instance by Nanjing Gulou District Court.
3. My son was sentenced for rape without plaintiffs and witnesses appearing in the court.
III No evidence for measurement of penalty
Plaintiff charged against my son for raping her for 4 times, but there was no Forensic Identification of Injury. They need evidence according to law.
IV The evidence was not sufficient
Public security organ had not submitted related evidence of innocence for my son, such as lie test result of criminal investigation organ, mediation agreement between relatives of defendant and victims, gynecological examination results of Zhu Lilan in Provincial Maternal and Child Health Hospital. The court sentenced my son for rape without knowing truth, sufficient evidence, legal procedures and correct applied laws.
There are so many bitters in 8 years of appealing to the higher authorities for help. Mr. President, Premier, members of standing committee and ministers, tell me where is the way out? There is covering up in the court, which rejected my request for 8 times and maintained the original sentence. I beg for retrial. My private case is an epitome of current livelihood in our country. I appealed and waited repeatedly in Peking for 8 years. My son is just over 20, and he has long life to live. I cannot stand that he lives as a “rapist” which is a burden he should not carry. I hate judicial corruption which leads to that my son has no certificate, job and marriage. To fight for fair, I have been detained, imprisoned, kidnapped, sent under escort and managed closely for education for many times. I have been persecuted mentally and physically. My husband and I are old with white hair, many illnesses and especially our disease. On December 4, 2009, Beijing Office imprisoned me illegally, which caused my heart attack. I dialed 110, 120, 999 for over 20 times for help, but they stopped me and fortunately, I survived with the last grain of medicine. On March 13, 2011, I visited in Tian An Men Square, but they detained me in Changshu for 13 days with excuse of illegal appealing. I was treated as a suspect with handcuffs and leg irons. They treated me and ignored my dignity and human rights, how can we realize the goal of running state according to law? They should threaten that they would reeducate me for 2 years! They were so lawless, pressed fair with evil; I want to ask when will the dignity stand up? Yang Naiwu was rehabilitated in Tang Dynasty, I believe my son will surely find justice in a country ruled according to law. I was forced to stay in Peking, but it is ok. If I really killed for this, I am happy to be a pavestone for fighting against judicial corruption.
To top officials of Chinese Central Government
Writer: Shao Yunli, Jiangsu, China
July 28, 2011