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Death penalty appeals to be heard in open court
(Xinhua)
Updated: 2005-12-08 14:28
The Supreme People's Court of China on Wednesday issued a
notice, requiring that local courts sit in open session when hearing appeals in
death penalty cases. The Court's direction is aimed at ensuring justice and
openness in death penalty cases.
The Supreme People's Court requires that from January 1 2006, appeals
in death penalty cases which have provoked major controversy are to be heard in
public, and from July 1, 2006, all appeals in death penalty cases are to be
heard in open court.
This notice marks another important step in the Supreme People's Court's
reforms of the conduct of death penalty cases, following their announcement in
October that they are to once again assume the power to review death sentences,
transferring that responsibility from the provincial higher people¡¯s courts.
"To hold appeals against the death penalty in open court session is conducive
to improving the protection of human rights¡±, a leading official from the
Supreme People's Court said on Wednesday. ¡°It serves as a procedural guarantee
for preventing mis- judgements in death sentence cases,".
According to China's Criminal Procedural Law, a people's court shall hold
open court sessions when hearing appeals in cases raised by a people's
procuratorate. The Law says in regard to other appeals, that a people's court
should, in principle, hear the case in open court. For cases in which the facts
are clear, it is not necessary for the court to sit in public.
In reality, many courts have failed to hear death penalty appeals cases in
public. Commencing from early 2005, the Chinese media exposed several
miscarriages of justice in death penalty cases, criticizing the courts¡¯ lack of
caution in applying the death penalty.
In October, the Supreme People's Court released its Second Five-Year Reform
Plan, which states that people's courts should hold appeals in death penalty
cases in open court.
When reconsidering such cases, a people's court should
carefully hear the reasons for an appeal or protest and review the evidence in
dispute. If necessary, important witnesses for the plaintiff or the accused
should be asked to attend the court session. The courts should make
thorough-going efforts to safeguard the rights of the accused and avoid wrong
judgements in death penalty cases.
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