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Hebei forms team to probe wrong arrest

Man who made claims against official released after 'no criminal fact' found

By CAO YIN | CHINA DAILY | Updated: 2024-01-20 07:07

Multiple authorities in Hebei province, including disciplinary, public security and judiciary, have set up a work group in Qianxi county to investigate the handling of a recent case, with a thorough review into evidence of wrongdoing reported by a local resident, Hebei Daily reported on Friday.

The case also received comments from Procurator-General of the Supreme People's Procuratorate Ying Yong on Thursday when he attended a seminar related to procuratorial work with a number of participants from various walks of life.

Ying underscored the significance of taking facts as the basis and the law as the criterion, noting prosecutors across the country must learn from the case in Hebei to prevent similar problems from happening again.

The case Ying mentioned occurred late last year in Qianxi, where Ma Shushan, 75, was improperly arrested and prosecuted for exposing local officials' wrongdoings and waste of money on white elephant projects.

Ma, who retired from Qianxi's bureau of agricultural affairs, claimed that Li Guifu, Qianxi's Party secretary, and a number of other local officials, had wasted money and manpower by spending millions of yuan on a "bright project".

By December, however, local anti-corruption departments had yet to begin an investigation, and Ma was criminally detained by local police for alleged criminal charges. Within a few days, the county's procuratorate approved Ma's arrest, and initiated the prosecution against him for suspected defamation and false accusation.

The case quickly made media headlines and aroused widespread attention among the public.

On Monday, Qianxi's prosecutors withdrew the prosecution against Ma due to "no criminal facts", and released him the same day.

During Thursday's seminar, Ying said that the SPP had attached great importance to the incident after it triggered the controversy, dispatching senior prosecutors to Hebei to guide the case handling.

He revealed that it was the SPP that ordered Qianxi's procuratorate to withdraw the prosecution against Ma after an investigation.

"In the case handling, the prosecutors made serious errors in various areas, such as in identification of facts, law application and legal supervision," he said, demanding that they be held accountable in line with the law.

Hebei Daily reported on Friday that the wrongful detention, arrest and prosecution have been corrected, saying that accountability procedures have also been started.

The working group said that they will thoroughly investigate violations of the law and discipline to uphold justice.

Ji Chunwei, a lawyer from Guangdong province, lauded the SPP's response and correction in Ma's case, saying "it's timely, accurate and worthy of a thumbs-up."

He cited the Constitution and relevant laws as stating that prosecutors should perform their procuratorial duties without interference from administrative departments, social organizations or individuals, adding "that's also the meaning of legal supervision."

Xu Hao, a Beijing lawyer, supported the SPP's decision, saying "it's a warning to all prosecutors, urging them to fulfil their supervisory role in accordance with the law."

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