Justice is Blind

Why does China's exercise of justice this week seem far from blind? The courts sentenced two men who in their different ways had challenged the system. Both were convicted of crimes that appear to be somewhat petty. The jail terms handed down by the courts appeared to be rather long when considering the offences of which they were convicted, raising howls of anger from their lawyers.

Did the case of rural legal activist Chen Guangcheng and the case of journalist Zhao Yan in fact put the Chinese justice system itself on trial?

 

Mr Chen, who has been blind since childhood, has been sentenced to four years and three months for disrupting traffic and damaging public property as I reported yesterday. I wonder whether the court had the opportunity to consider all the facts in the case after Mr Chen's lawyers were detained by local police and prevented from entering the court room while court-appointed lawyers did not speak his defence? Was the court aware that Mr Chen had been confined to his home for months by local thugs, apparently angered by his actions in bringing to light cases of forced abortion and sterilisation by family planning officials? Was the court informed that authorities in Beijing had announced punishments for those officials?

It may not be relevant to the case, but was the court aware that the 35-year-old son of farmerss was selected by Time magazine this year in their category of "Heroes and Pioneers" as one of the 100 most influential people in the world?

What about Mr Zhao? The researcher for the New York Times bureau in Beijing has been in detention and under investigation for two years -- primarily on suspicion of stealing state secrets. A Beijing court cleared him of that capital offence, but found him guilty of fraud involving a sum of about 1,200 pounds and sentenced him for three years.

Is it coincidence that another 32 journalists, at least, are now serving jail terms in China for criminal offences?

WOW, or We Observe the World, an online news magazine produced by Chinese students of journalism had engaged in a fascinating discussion of the case. It offers different perspectives from those of the foreign media that are well worth reading. This was not a case that received coverage in the domestic, state-owned media. Ditto coverage of the case of Mr Chen.

Another journalist, veteran Hong Kong reporter Ching Cheong, is also currently on trial and awaiting sentencing on similar state secrets charges after 17 months in detention. His trial last week took two hours. Will Justice be blind in his case?

Comments

Justice still has senses of smell and touch, even if it is blind.

[Raj]

"Did the case of rural legal activist Chen Guangcheng and the case of journalist Zhao Yan in fact put the Chinese justice system itself on trial?"

This isn't anything new. The Chinese justice system has been screwing Chinese over versus the State since the word go. Courts don't even like to throw out Police evidence when it's faked/completely unreliable/etc because "that's not the way they do things there".

Of course, if you're rich it's no problem. A few years ago, some chap was sent down for a long time for killing someone. After two years of his family giving various "presents" to the local Police department he was back on the streets.

Justice in China is available only to the rich and powerful/well connected. Sad, but true.

[xiaoh]

It is true that China's rule of law does not enjoy independence, but it's extreme to conclude that justice in China is available only to the rich and powerful/well connected. We can't ignore the progress made possible by "quite independent" newspapers, very independent scholars and lawyers. Yes, it is more discouraging than dangerous to "commit" justice and journalism in China. But there are some who are trying to make it a little more encouraging, day by day :) Support them!

P.S. Freshly graduated, I'm proud that the link of our journalism department appears in a Jane Macartney, haha. If one of the boys and girls read this, I want to wish you courage!

[james]

It is good that some are trying to improve things, very sad indeed that this has happened to these people.

I used to think that in China, you are stupid to put your head above the parapet but as I get older, Ii more believe that as Burke said, "All that is necessary for the triumph of evil is for good men [and women] to do nothing.:

Well it seems to me that in China, good men and women are doing exactly that -- nothing.

I have lived in China for a long time and just can't take it anymore - I am not just having a bad day and a rant, I honestly believe that it is a corrupt and depraved society. A dog-eat-dog society where selfishness reigns supreme.

What I find sad in China is that if you fall over, nobody will help, if you are attacked, nobody will help you. I once saw an 80+ year old lady fall over in the street and lie in the road, at least 10 people closer than me walked past ignoring her until I rushed over. At which point people saw they lost face as a foreigner was helping and they rushed over to push me away saying this was none of my business and then finally helped her.

What happens in the justice system is just an extension of this kind of selfishness. If 1.5 billion people turned round and said 'oi, no!' then it would have to stop. It is left to an tiny minority because most people just can't be bothered.

Before I get a tirade from angry Chinese people, please refrain from using the usual excuses. China has been this way for 2000+ years, just read Confucius so it is not because it is a 'new country, not because China has had only 20 years of economic development and China is not changing.'