Hou xinyi, a member of the Chinese People's Political Consultative Conference and a professor at Nankai University Law School, said that from the "hide-and-seek" incident, we can see that in order to prevent similar incidents, we must realize the rational allocation of judicial powers and the separation of investigation and detention. "Now we are implementing a unified form of investigation and detention, which not only weakens the restriction on the power of the Public Security Bureau, but also protects the criminal suspects."
Hou Xinyi believes that the detention center is managed by the public security department, and there will always be problems such as extended detention, extorting confessions by torture, difficulties for lawyers to meet defendants, and many restrictions, and the problems are often difficult to understand.
Zhou Ze, an associate professor of China Youth University for Politics and a lawyer of Beijing Wentian Law Firm, was embarrassed to meet the defendant many times in the process of representing the case. In April, 2006, he was entrusted by the family of Ren Shiwei, a criminal suspect who was criminally detained by a provincial public security organ on suspicion of participating in underworld activities, to provide legal aid to Ren Shiwei. As a result, he went to the detention center nine times before and after, and finally met the suspect Ren Shiwei.
"From June 30, 2006, when I applied for an interview, until June 5438+ 10, 2007, the public security system did not arrange for me to meet the criminal suspect. It was not until March 23, 2007 that they finally accepted my application. " Zhou Ze said that to his surprise, before the meeting, the staff of the task force specially told him that the meeting would last for 30 minutes, and they would send people to the scene and were not allowed to talk about the case, otherwise the meeting would be suspended.
"I immediately said that the case has been transferred from the public security organ to the procuratorate for review and prosecution, and it is illegal for the task force to send people to see lawyers." Zhou Ze said, but the staff said that they had orders, and if they didn't accept these conditions, they couldn't meet. In desperation, Zhou Ze had to be accompanied by several policemen to meet another lawyer in the same trade. Even so, during the 30-minute interview, the "escort" personnel twice stopped the dialogue between the lawyer and the suspect on the grounds of mentioning the case.
"If the detention center can be separated, I believe that at least the realization of lawyers' right to meet will not be so difficult." Zhou Ze said that in addition, in Ren Shiwei's related case, two suspects died in the detention center. "This undoubtedly makes it difficult for public security organs to get rid of the suspicion of extorting a confession by torture to death. If it is separated, the public security organs will not doubt it. "
Qin Xiyan, deputy to the National People's Congress and vice president of Hunan Lawyers Association, also believes that the neutrality of detention centers should be the direction of China's judicial reform. However, he also believes that at present, we should also pay attention to strengthening the management of detention centers. Because in these incidents, the guards have to bear the management responsibility, and each detention center has personnel stationed by the procuratorate to bear the supervision responsibility. Therefore, if something goes wrong, the responsibility of the procuratorate is unshirkable.
Hou Xinyi said that at present, some detention centers have too many staff, monitoring systems and equipment are not in place, and supervision authority is not in place. If law enforcement departments can enforce the law impartially, they should detain suspects as little as possible, and the use of detention means should not be as frequent as it is now. If they cooperate from the system and mechanism, the effect may be better. It is understood that in most countries ruled by law, the separation of detention centers from police organs is a natural institutional choice. He believes that the neutrality of the detention center is of great benefit to solving the problem of funding sources, the reform of the jurisdiction system and the efficiency of management, and it is also in line with the unity of the law. "No matter from which aspect, there is an urgent need for the neutrality of the detention center."
It is reported that at the end of 2008, the Opinions of the Central Political and Legal Committee on Deepening the Reform of the Judicial System and Working Mechanism was passed in the Political Bureau of the Central Committee, China, which means the start of a new round of judicial reform. Among them, many scholars who drafted the judicial reform plan mentioned that the management system of the detention center will be greatly adjusted and the management of the detention center will be handed over to the Ministry of Justice (bureau) system.
After the conclusion of the investigation on the "hide-and-seek" incident was announced, the public security organs of Yunnan Province indicated that the relevant responsible persons had been dealt with, and three people were dismissed, and 1 policeman was dismissed.
Yang Jianping, a spokesperson for the public security organs, said that at present, the Yunnan Provincial Public Security Department has mastered the basic evidence that Zhang Houhua, Pu Huayong, detainees in the same cell, repeatedly injured Li during his detention and eventually caused his death.
Yang Jianping said that this case exposed the outstanding problems in the team building and law enforcement management of public security organs in Jinning County, especially detention centers. According to the relevant regulations, Qi Ming, the director of Jinning County Public Security Bureau, was given administrative demerit; Yan Guodong, deputy director of the Jinning County Public Security Bureau in charge of the detention center, was given administrative punishment and removed from the post of deputy director of the Jinning County Public Security Bureau; Yu Chengjiang, director of Jinning County Detention Center with direct leadership responsibility, was given administrative dismissal; Jiang Ying, deputy director of Jinning County Detention Center in charge of discipline work, was given administrative dismissal; The police of Jinning County Detention Center was dismissed as the person directly responsible (responsible for managing Li Jian's room).
The punishment and organization of the above-mentioned personnel have been carried out according to the cadre management authority. At the same time, according to the situation of public security organs notified by procuratorial organs, the clues of dereliction of duty found in the progress of the case are checked to the end; Those suspected of dereliction of duty shall be investigated by the procuratorial organs according to law. Measures will be taken to seriously rectify the problems exposed by public security organs in the management of detention centers.
Yang Jianping said that during the investigation with the procuratorate, it was found that the monitoring facilities of the detention center were damaged for half a year and were not repaired, so the responsibilities of the relevant leaders of the detention center were clarified in the accountability investigation. It can be clear that the public security organs are responsible for poor supervision in the case, and the public security organs will bear corresponding responsibilities and actively negotiate with their families to deal with the aftermath.
Yang Jianping also said that in the next step, the public security organs will carry out a one-year special rectification campaign in the supervision places. Prison tyrants have always been the focus of severe crackdown on supervision and public security. The cases show that there are indeed phenomena of cliques, hegemony and bullying in supervision places. The police insisted on cracking down on this outcrop and never let it win a total victory.
On February 12, a man in Jinning County, Kunming City died after being injured in the detention center. According to local media reports, the public security organ in Jinning County gave the answer that Li was injured because he was kicked by his cellmate and accidentally hit the wall while playing hide-and-seek with his cellmate in the detention center yard. This answer aroused strong doubts from netizens, and "hide-and-seek" immediately became a popular word.
On the afternoon of the 27th, the procuratorial organs and public security organs of Yunnan Province announced the investigation conclusion of the "hide-and-seek" incident: Li was injured and died after being beaten and punched in the head by inmates in the same cell.
The results of this survey are quite different from the preliminary findings previously announced to the media. In this regard, the prosecution said that this was because the people involved colluded with each other and were eager to announce it to the media, which had an impact on the previous investigation.
According to reports, after the incident, Zhang Houhua and others in Li's cell entered into an offensive and defensive alliance against the investigation by public security organs and procuratorial organs. After the investigation of the whole case is completed, it will be transferred to the procuratorate to investigate the criminal responsibility of the relevant personnel according to law.