Kin apply for pay over wrongful execution

Parents also demand authority's apology to recover son's reputation

Parents of Nie Shubin, who was executed for rape and murder 21 years ago and pardoned earlier this month, applied to a court in Hebei province for State compensation of more than 13.9 million yuan ($2 million) on Wednesday, lawyers of the family announced.

At about 1:30 pm, Zhang Huanzhi, Nie's mother, accompanied by her lawyers, handed over the application at the Hebei Provincial High People's Court.

The total amount of compensation applied for is 13.91 million yuan, of which 12 million yuan is for mental damages Nie and his parents suffered over the past two decades, according to the lawyers.

"Nie's freedom was seriously infringed upon as he was wrongly detained for 216 days, and he was then executed, which brought great suffering to him and his parents. According to the State Compensation Law, the family should be given mental compensation," said Wang Dianxue, a lawyer from Beijing Jingshi Law Firm.

The family also asked for compensation for funeral expenses and fees brought by their long-term litigation, Wang added.

In addition, judicial bodies found to be guilty of flaws in handling Nie's case are required to send a letter of apology to the parents, and to publish any compensation agreement via media, which is aimed at recovering Nie's reputation and removing negative effects on Nie's family and society, Wang said.

"The application has been filed by the court," he added.

By law, governmental agencies or officers involved in State compensation should make a decision on compensation within two months of receiving an application.

During this period, the involved departments are asked to listen to applicants and may negotiate the terms and value of compensation, the law states.

Zhang Xinnian, another Beijing-based attorney, said the high people's court in Hebei should not only deal with the compensation case in line with the law, but also suggest social welfare organizations provide legal aid for the family.

"After all, money is one element for the parents, but mental support and comfort are also important," Zhang said.

In addition, it is important to assess the accountability of judicial officers who were allegedly at fault in dealing with the case, he added.

On Dec 2, Nie, 21, a native of Hebei, was found innocent at the Second Circuit Court of the Supreme People's Court in Shenyang, capital of Liaoning province, on the basis of unclear facts and insufficient evidence, although he had already been executed for the rape and murder of a woman in 1995.

Since then, Nie's parents have appealed to governments and courts to clear their son's name.

Nie's case came into the public eye again in 2005, when a man named Wang Shujin, also from Hebei, was detained for a separate rape and murder case. During Wang's detention, he confessed to the crimes that cost Nie his life.

Judicial bodies in Hebei then began an investigation, with each development in the case making national headlines.

In December 2014, the country's top court asked Shandong Provincial High People's Court to conduct an investigation. In June this year, the highest judicial chamber ordered the circuit court to retry the case.

Contact the writer at caoyin@chinadaily.com.cn