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Derechos | Equipo Nizkor
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11Jun15
Zhou Yongkang sentenced to life in prison, no limits for anti-corruption
Zhou Yongkang was sentenced to life imprisonment Thursday for accepting bribes, abusing his power and deliberately disclosing state secrets, the latest and most powerful footnote to the Party's commitment to the rule of law.
Zhou, 73, was deprived of his political rights for life and had his personal assets confiscated, according to the verdict of Tianjin Municipal No. 1 Intermediate People's Court.
The court heard his case on May 22. Involving disclosure of state secrets, Zhou's trial was held behind closed doors. Zhou pleaded guilty and will not appeal.
Zhou was formerly a member of the Standing Committee of the Political Bureau of the Communist Party of China (CPC) Central Committee and secretary of the Commission for Political and Legal Affairs of the CPC Central Committee.
So far the most prominent official taken down by the country's anti-corruption drive, Zhou's trial was a symbol of the CPC's commitment to the rule of law.
The People's Daily, the CPC newspaper, applauded Zhou's trial and conviction in its editorial.
"There are no privileged members in front of CPC discipline. There is no privileged citizen in front of the law," the editorial read. "No matter how much power one holds or how high one's position, one will surely be severely punished for violating Party discipline and state laws."
Since taking office in late 2012, the current CPC leadership has taken anticorruption as a "life-or-death matter" for Party and country. The campaign has boosted people's confidence in, and support for, the Party.
Zhou's case not only shows the Party's courage in facing up to weakness and disciplining itself, but is a strong warning to those in power. Only by staying alert to temptation can an official refrain from crossing the line of integrity.
The fundamental purpose of anticorruption is to modernize governance and realize the rule of law. No one will be allowed to go above the law nor to disrupt its implementation.
This is not the end of the battle against corruption. With willingness from both the Party leadership and its ordinary members, with the endorsement of the people and support from the legal system, the country is sure to win the fight.
Accepting Bribes, Abuse of Power, Leaking State Secrets
Zhou was convicted of accepting bribes of about 130 million yuan (21.3 million U.S. dollars), according to the judgement.
The court ruled that Zhou had used his position to seek profits for five people, identified as Wu Bing, Ding Xuefeng, Wen Qingshan, Zhou Hao and Jiang Jiemin, and had personally accepted money and property worth 731,100 yuan from the latter.
Money and property worth 129 million yuan was accepted by his wife Jia Xiaoye and son Zhou Bin. Zhou was informed about these bribes after the fact.
According to the judgement, Zhou instructed Jiang Jiemin and Li Chuncheng to assist in the business activities of others, helping them to illegally obtain about 2.14 billion yuan and causing losses to the state of 1.49 billion yuan.
Zhou leaked five "extremely confidential" documents and one "confidential" document to Cao Yongzheng, an unauthorized person, directly contravening the State Secret Law.
The court statement said Zhou had taken "particularly huge bribes," but had confessed, pleaded guilty and repented his wrongdoing. The majority of the money was accepted by his relatives, without his prior knowledge. Zhou asked his relatives to return their illegal gains. All gifts and cash have now been recovered. These actions constitute "legal and discretionary grounds for lesser punishment."
The court said that Zhou's abuse of power and deliberate disclosure of state secrets were "particularly grave," but his disclosure of state secrets "did not have very serious consequences."
The court reached its verdict "in accordance with the facts, nature, and details" of Zhou's crimes, based on the harm done to society.
Deep Regret
In his final statement, Zhou accepted the charges. "The basic facts are clear. I plead guilty and repent my wrongdoing," he said.
"Those involved, who bribed my family, were actually coming after the power I held, and I should take the main responsibility.
"I broke the law and Party rules incessantly, and the objective facts of my crimes have resulted in grave losses of the Party and the nation.
"The handling of my case in accordance with Party rules and the law reflects the authorities' determination to govern the Party strictly and advance the rule of law," Zhou added.
Full Protection of Zhou's Legal Rights
On April 3, prosecutors from Tianjin Municipal People's Procuratorate filed Zhou's case. The court formed a collegiate bench authorized by the Supreme People's Court and sent a copy of the indictment to Zhou. It also informed the defendant of his litigation rights and obligations. The two lawyers hired by Zhou held a number of meetings with Zhou and reviewed the case files.
The court also held a pretrial meeting of prosecutors, the defendant and his legal team to hear their opinions and present evidence from both sides.
During the trial, prosecutors and defense attorneys examined the evidence, questioned witnesses and fully expressed their opinions of the facts, application of the law and sentencing. The court supported opinions from the defense that were based on the facts and had legal standing.
Zhou's wife and son testified through video link while Wu Bing and Jiang Jiemin appeared in court. Other witness statements were presented along with the evidence.
The legitimate litigation rights of Zhou and his defense attorneys were fully guaranteed.
[Source: Xinhua, Tianjin, 11Jun15]
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