Our reporter Ye Tieqiao Sun Haihua Yu Lei
In Zhang Guoqing's view,165438+1October 2nd is the day of his "formal rehabilitation".
Video: Shaanxi high school students died suddenly when they were interrogated by the Public Security Bureau. Source: Oriental TV "Oriental News"
In March this year, there was an incident in Danfeng County, Shangluo City, Shaanxi Province in which a Shanghai lawyer extorted a confession by torture and caused death. There are many comments on the Internet, and Zhang Guoqing also commented on the post. In his comments, he not only alleged that the public security team in Shangluo had quality problems, but also pointed out that "He Tiehu, secretary of the Party Committee of Shangluo Public Security Bureau, promoted many sick cadres against the wind during the incident".
But he never dreamed that because of these posts, he was directly arrested in Shangzhou by Shangzhou Branch of Shangluo Public Security Bureau from Xi 'an, sentenced to administrative detention 10 days and fined 500 yuan.
"I am as wronged as Wang Shuai." At the end of July this year, 46-year-old Zhang Guoqing said in an interview with China Youth Daily that the practice of Shangzhou Branch was "definitely wrong", so she insisted on petitioning to reflect the problem and submitted a complaint to the Yanta District People's Court in Xi City, Shaanxi Province.
Things are changing slowly from the beginning of the year to the end of the year. After the prosecution, Yanta District People's Court "suggested mediation between the two parties", and later Shangzhou Public Security Bureau also sent people to "coordinate" with him.
165438+10.2, Zhang Guoqing finally waited for the "Decision on Revoking the Decision on Public Security Administration Punishment in Zhang Guoqing" issued by Shangzhou Branch of Shangluo Public Security Bureau. Also received 5300 yuan from Shangzhou Public Security Bureau. In his view, this is "compensation".
A few days later, Zhang Guoqing's brother Zhang Baiqing, who was criminally detained, also received a "decision not to file a case" from Shangzhou police. However, Zhang Baiqing, who had been expecting to "clear his grievances" for several months, did not sign the decision to withdraw the lawsuit. He said, I doubt that such a result can really bring this "speech lawsuit" to a successful conclusion?
Sure enough, on June 165438+ 10 19, four parties involved in the online post took Zhang Baiqing to court for libel.
Posting on the Internet will lead to detention.
On March 26th, when four uninvited guests appeared at Zhang Guoqing's residence in Houcun, Yanta District, Xi City, the man who was engaged in decoration business thought that "the family planning staff came to see you". They asked Zhang Guoqing, "How many children are there? Where are the children and what do they do? "
However, the other party immediately indicated that he was from Shangluo Public Security Bureau, and one of them was Fan Yongsheng, political commissar of Shangzhou Branch of Shangluo Public Security Bureau. "They didn't produce any legal documents and related documents according to law, and they didn't wear police uniforms."
Zhang Guoqing realized that the latest posting might be in trouble.
At the beginning of March 2009, Zhang Guoqing saw a piece of news in the newspaper. According to the news, on February 10, Peng Lina, a senior two student of Shangzhen Middle School in Danfeng County, was killed in Jiang Bin South Road, the county seat. The Danfeng County Public Security Bureau thought that (10) Xu, a senior three student in a middle school and aged 19, was suspected of committing a major crime, and announced his criminal detention on March 1 day. On March 8, Xu died suddenly during the trial. The procuratorate found out that during the one-week trial, investigators conducted a long and uninterrupted fatigue trial on Xu Jin, and a few policemen physically beat Xu Jin, causing him to be extremely tired and die of cardiac arrest.
"This is appalling!" Those who usually like to browse the news online are angry at the abnormal death of this 19 senior three student, and finished a post that they regret so far-"Seeing Shangluo Public Security Team from Xu Cases" in Baidu Bar.
Later, a policeman found Zhang Guoqing and asked him to write a letter of guarantee about the post, and told him that many people who commented on the matter had written letters of guarantee.
In order to avoid disaster, Zhang Guoqing wrote a letter of guarantee: "From today, I will no longer comment on anything involving Shangluo city online."
On March 27th, Shangzhou Public Security Bureau came again, asking Zhang Guoqing, who was out, to come back to Xi 'an Xiying Road Police Station.
At 8 o'clock in the evening, Zhang Guoqing rushed to Xiying Road Police Station, and the staff of Shangzhou Public Security Bureau asked him to go to Shangluo to "assist in the investigation".
That night 10: 50, Zhang Guoqing was taken to the 1st Squadron of Criminal Police of Shangzhou Public Security Bureau.
Next, two policemen began to interrogate Zhang Guoqing until two o'clock in the morning. "Someone keeps kicking me."
At 3 o'clock in the afternoon of March 28th, two policemen drove Zhang Guoqing to the detention center next to Shangzhou Public Security Bureau, went through the administrative detention procedures and asked him to sign.
The Decision on Public Security Administrative Punishment states: "It is now found out that at 23: 00 on March 2, 2009, Zhang Guoqing was instructed by his brother Zhang Baiqing to use his home computer to publish false information and fabricate facts to slander others."
In this way, I went in on March 28 and came out at 9 o'clock in the morning on April 7. Zhang Guoqing stayed in it for 10 days.
On July 26th, the reporter interviewed Zhang Guoqing in Xi 'an. The reporter asked: "You mentioned the secretary of the Shangluo Political and Legal Committee in your post. Do you know Shangluo? "
Zhang Guoqing said, "I heard it from others."
"The decision on administrative punishment for public security says that you were instructed by your brother Zhang Baiqing, right?"
Zhang Guoqing hesitated, revealing a more surprising news-his brother Zhang Baiqing was also criminally detained by Shangzhou Branch of Shangluo Public Security Bureau for posting, and is still on bail pending trial.
A quiet life was changed by a phone call.
Zhang Baiqing, 50, now works in the Retirement Management Office of Shaanxi Provincial Civil Defense Office and enjoys the treatment at the county level. There is such a note in the resume: 1996, from the director of the Supervision Department of Shaanxi Provincial Economic and Trade Commission to the deputy mayor of Shangluo City, and Shangzhou City was renamed Shangzhou District in 5438+0+02 in 2006. Zhang Baiqing also served as the director of Shangluo Civil Air Defense Office.
Zhang Baiqing said that he never thought that he would be detained by the district public security bureau, where he held a leading position.
His quiet life was changed by a phone call from his brother Zhang Guoqing.
In mid-March, Zhang Baiqing was in his office when his younger brother called and asked, "Do you know the Xu incident in Danfeng County?"
Zhang Baiqing later found this news on the Internet and began to pay attention to it. He learned about the situation from his former colleagues and friends in Shangluo Public Security System, and downloaded and collected online content related to this incident in his mailbox.
Zhang Baiqing doesn't know whether he posted a post. "Because copying and pasting are not skilled, sometimes there may be repeated content."
He described to reporters the first meeting with Shangluo police:
On a Thursday in late March, at 5 pm, Zhang Baiqing was in his office when the doorman turned into the phone. The caller claimed to be Liu, a policeman from Shangzhou Branch of Shangluo Public Security Bureau. Zhang Baiqing also met him when he was deputy mayor of Shangzhou City (now Shangzhou District).
"Leadership let's check, we also found that you are a thread, you are not the first thread. We have to make a job with the leader, so don't be surprised. " "I found that your computer followed such a post. This is a procedure. You can make a simple one-page transcript and explain it clearly to the leader. "
The other party also claimed: "This is a fart matter. There are thousands of people online in Xi 'an. We will ask you because you worked in Shangluo. "
Zhang Baiqing said that he had truthfully explained the situation, and the other party said that he would not look for him again.
But what Zhang Baiqing didn't expect was that at 9 o'clock in the evening on April 12, he returned home from Henan and just walked out of the exit of Xi Railway Station. Two policemen came face to face. "One is holding my bag and the other is holding my hand."
He later learned that when he left Xi two weeks ago, he was wanted online. "It can be found inside the Provincial Public Security Department."
Since that night, there have been police interrogations. He spent three days in the interrogation room of the first squadron of criminal police of Shangzhou Public Security Bureau. He has no place to sleep at night, so he lies on the sofa, and the police take turns on duty.
Until 4 pm on the third day, the leader decided to "lock it up first."
Zhang Baiqing was detained for this reason, but unlike his younger brother Zhang Guoqing, who was administratively detained, he was criminally detained by Shangzhou District Police on suspicion of libel.
On the morning of the seventh day, Zhang Baiqing was told that he could be released on bail pending trial. The reporter saw in this decision on bail pending trial that "our bureau is investigating Zhang Baiqing's libel case" and "the criminal suspect's bail pending trial is not enough to cause social danger", and decided to release him on bail pending trial, but he needs to pay a deposit of 5,000 yuan.
Zhang Baiqing believes that the procedures for paying the deposit are not standardized. He asked the lawyer, "the law clearly stipulates that the deposit should be collected from the account designated by the provincial finance;" There was only one receipt for on-site payment at that time. "
Although this unexpected incident did not affect Zhang Baiqing's work, it did affect the brotherly relationship. His wife thinks it's all Zhang Guoqing's fault and asks him to make a clean break with his younger brother.
Can the "speech lawsuit" draw a successful conclusion?
After being detained, Zhang Guoqing kept learning legal knowledge and often petitioned. On July 9, he sued Shangzhou Branch of Shangluo Public Security Bureau to Yanta District People's Court of Xi City.
In June+10, 5438, he received a phone call from the court and suggested mediation between the two parties.
Under the intervention of the court, Zhang Guoqing met with Shangzhou Public Security Bureau three times.
The first meeting was in June 10. Zhang Guoqing reiterated to the representative of Shangzhou Public Security Bureau the three propositions in the indictment: 1. Revoking the previous decision on administrative punishment; Two. Apologize publicly in major media all over the country and restore reputation; Three. Compensation for lost time during illegal detention 10 yuan, relatives' vehicles 1000 yuan, and lawyers' advance payment of 5,300 yuan.
10 year1October 30th, the two sides met for the third time. "This time, the director of Shangzhou Branch often came, and he personally apologized to me." Zhang Guoqing said. On the same day, the two sides reached an oral mediation agreement.
165438+10.2, Shangzhou Public Security Bureau issued the Decision on Revoking the Decision on Public Security Administration Punishment in Zhang Guoqing, which read: "After careful review by our bureau, the original punishment decision found that the facts were clear and the evidence was true and sufficient, but the procedure was not carried out as required by the Ministry of Public Security/kloc-0.6." Therefore, according to the second paragraph of Article 54 of the Administrative Punishment Law of the People's Republic of China, the Decision on Administrative Punishment for Public Security (No.(2009)39) made by our bureau on March 28, 2009 was revoked by the decision of the office meeting of the bureau chief. "
After receiving the decision and the compensation refund, Zhang Guoqing issued two receipts to the police: one was the administrative penalty refund to 500 yuan, and the other was a total of 4,800 yuan. As requested, he also signed a form to ensure "no more petitions".
Zhang Guoqing said that in the initial "decision", there were words such as "conclusive evidence and appropriate legal application". He questioned, since you are fine, why do you want to cancel the administrative punishment decision? Shangzhou branch was modified.
He said that he was not satisfied with the final version of the decision, but the Shangzhou Public Security Bureau asked him to "drink" and he left it alone.
165438+1On October 6th, two policemen from Shangzhou Public Security Bureau found Zhang Baiqing in Xi 'an, and they brought two decisions against Zhang Baiqing's libel case-the decision to dismiss the case and the decision to get a bail pending trial. However, unexpectedly, Zhang Baiqing did not sign these two long-awaited decisions.
He told reporters that Shangluo police had contacted him at the end of 10, and the director of Shangzhou Public Security Bureau often proposed to meet in a "private capacity" to "comfort friends". "But, he doesn't know that such a result can really bring this' speech lawsuit' to a successful conclusion?"
The shadow of Xu event
Regarding the statement in the police transcript that he was instructed by his brother, he said that during the trial, the shadow left by Xu incident made him feel scared. "My brother did talk about this when he talked to me on the phone, so I said this."
Zhang Yuqing also said that the Xu incident made him feel scared, and the words in the transcript were not necessarily true expressions. "I am in a foreign land, and I must first ensure my own safety." "I told them that as long as you think you can, you can say whatever you want."
Zhang Baiqing thinks that the practice of Shangzhou Public Security Bureau is wrong. "As citizens, guarantee citizens' freedom of speech within the scope of the Constitution. Citizens have the freedom to make criticisms and suggestions to anyone. "
In Zhang Guoqing's view, his post is not slander. "Out of indignation, I am as concerned about the case of Xu being tortured to death in Danfeng County as the people of the whole country. Commenting on posts is a basic right of citizens guaranteed by the Constitution. "
He believes that lax leadership and management and lax team quality are one of the reasons for the "Xu incident". "These are all facts, and they are part of people's voices, people's grievances and public opinion."
165438+1October 19, Zhang Baiqing called the reporter again, saying that two staff members of Shangzhou district people's court came to Xi' an that morning and brought him a summons and four complaints. The four parties involved in the net post brought Zhang Baiqing to court. Accordingly, the district court summoned Zhang Baiqing to the criminal trial court of the hospital on1at 9: 00 on October 23rd 165438 for "libel".
The four private prosecutors are Li Jianfeng, political commissar of the criminal police detachment of Shangluo Public Security Bureau, Zhang Dan, detachment leader of patrol special police detachment of Shangluo Public Security Bureau, Rao, deputy director of Shanyang County Public Security Bureau, and Wang Hongwei, political commissar of Danfeng County Public Security Bureau.
Li Jianfeng said in his "criminal incidental civil complaint" that after the online post about him appeared, "there were all kinds of comments in the post. Because the Xu incident attracted great attention from the national media, my relatives, parents, classmates and comrades-in-arms called all over the country day and night to care and ask. They learned about Xu's incident through news media reports, and even saw what I called "Director Xu's case" on the Internet. Some people accused me on the phone, while others did. Some people are asking about the truth of the incident. For a time, life was disrupted, and I was at a loss and couldn't cope. No matter how I explain it, my classmates, relatives and comrades can't believe it. Can't work in peace during the day, can't sleep normally at night ... "
Li Jianfeng thinks, "The publication of this kind of unsigned information on the Internet has caused great insult and slander to me, and disasters have come from the sky like a bolt from the blue, which has caused misunderstanding and criticism to all people who are familiar with me, caused great blow and damage to my spirit and reputation, caused great insult to my personality, and caused great negative impact on my personality image among friends and family and society, especially on my parents' spirit. No psychological trauma in this life.
Li Jianfeng said in the complaint that after the incident, he reported the case to Shangzhou District Public Security Bureau. "On June 6, 2009, 165438+ I learned from the investigation of Shangzhou Public Security Bureau that the person who illegally violated me was Zhang Baiqing." Li Jianfeng made a request to the court: investigate Zhang Baiqing's criminal responsibility for insulting and slandering according to law; Compensation for spiritual comfort of myself and my father is 6,543,800 yuan each.
Three other private prosecutors also asked the court to ask Zhang Baiqing to apologize publicly or compensate for mental damages.
1 1 On June 23rd, Zhang Baiqing appeared in court and was told that the court was very cautious about filing a case, but according to the file of the Public Security Bureau, it was possible to file a case. The court also told him that private prosecution cases can be withdrawn through mediation.
Our newspaper Xi 'an165438+1October 24th.
Shaanxi high school students died suddenly during the interrogation of the Public Security Bureau. Source: Oriental TV "Oriental News" broadcasts video
There are _COUNT_ comments I want to comment on.
& gt Progress in hearing cases of sudden death of senior high school students in Shaanxi;
2009- 1 1-25 The former police chief of a high school student in Shaanxi was sentenced to two years' imprisonment.
2009- 1 1-24 In the case of sudden death of high school students in Shaanxi, the defendant admitted to extorting confessions by torture.
2009- 1 1-23 Shaanxi High School Students Sudden Death Public Security Bureau continued: 7 people including the deputy county magistrate will be heard tomorrow.
On March 30th, 2009, the autopsy of high school students who died suddenly in court showed that the forensic doctor explained the cause of death.
2009-03-29 Shaanxi high school students died suddenly in the public security bureau. Continued: The family refused to accept the autopsy results.
2009-03-29 High school students died suddenly in court. Continued: The autopsy said that Xu died of cardiomyopathy.
2009-03-28 The investigation results of the sudden death of middle school students in Shaanxi Province were announced, and six policemen were detained.
March 2009-19 The whole story of the sudden death of senior high school students in Feng Dan, Shaanxi Province.
2009-03-/KLOC-0-7 The Procuratorate of Feng Dan, Shaanxi Province intervened to investigate the death of high school students.
2009-03- 16- 19-year-old high school students died suddenly after being tried. The autopsy of the Public Security Bureau found that they were covered with scars.
& gt Analysis on the Case of Sudden Death of Senior High School Students in Shaanxi;
Experts say the sudden death of high school students in Shaanxi exposed the defects of the interrogation system.
Ye Tieqiao: Why do public rights frequently intervene in defamation cases?
Liang Ping: Did Xu Rong Geng die of torture or cardiomyopathy?
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