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Wrongfully detained man apply for 22M yuan in State compensation
Published on: 2020-09-03
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Zhang Yuhuan cries with his son Zhang Baogang at home in Jinxian Jiangxi provinceZhang Yuhuan cries with his son Zhang Baogang at home in Jinxian, Jiangxi province

Zhang Yuhuan, a man from Jiangxi province who had his name cleared in August after 27 years of wrongful detention, applied for State compensation of more than 22.34 million yuan on Wednesday.

The compensation application, which has been submitted to the Jiangxi High People's Court, consists of 10.17 million yuan for Zhang's wrongful detention, 1 million yuan for his following medical treatment, 10.17 million yuan for mental anguish and 1 million yuan for his expenses on appeal, according to Zhang's lawyer Cheng Guangxin.

"My client's freedom had been harmed every minute since he was wrongly detained, so the compensation for the wrongful detention, I think, should be tripled compared with people losing the freedom after working eight hours per day," Cheng said.

In the application, Zhang noted: "No one is willing to exchange 27 years of freedom for compensation of 5 million or 10 million yuan. If the compensation is too low, it will not show justice, ease mental damage caused by the wrongful detention nor prevent wrongful conviction."

Given the long-term wrongful detention brought injuries to Zhang's feet, legs and hands as well as caused his family members to spend a lot in helping him appeal, Zhang also asked for 1 million yuan for supporting his medical fees and another 1 million yuan for paying the costs of appeal, Cheng explained.

zhangyuhuan 2Zhang also demanded the high court publicly apologize, to restore his reputation and eliminate the ill effects caused by the wrongful conviction, Cheng added.

On Aug 4, the high court overturned the original ruling in which Zhang was given a suspended death sentence for intentional homicide, and found the 52-year-old not guilty because the chain of evidence in his case was incomplete and not strong enough to prove his conviction.

Zhang was freed on that day and returned home.

Zhang, a villager from Jinxian county in Nanchang, capital of Jiangxi, was reportedly the longest-serving wrongfully convicted inmate in the country.

His case dates back to 1993, when two boys' bodies were found in a reservoir in a village in Jinxian, and Zhang was identified as the suspect and detained a few days later.

zhangyuhuanIn January 1995, the Nanchang Intermediate People's Court sentenced Zhang, who was the neighbor of the two victims, to death with a two-year reprieve for the crime of intentional homicide, meaning his sentence would be commuted to life imprisonment if he did not make new offenses during the two-year probation.

Zhang disagreed with the ruling and appealed to a higher court, saying he was tortured by police during interrogation.

Two months later, the high court returned the case to the lower court, ordering it to retry the case due to insufficient evidence.

But the retrial was not opened until November 2001, and the intermediate court upheld the original verdict.

Zhang appealed to the high court again, but this time his appeal was rejected.

After Zhang and his family members frequently appealed, the high court decided to rehear the case, and reopened the hearing on July 9.

蒙冤27年,向国家申请两千万赔偿

6月2日上午蒙冤27年后无罪释放的张玉环向国家提交了赔偿申请。

赔偿申请主要有五项:侵犯人身自由,赔偿金额一千万余元。赔偿侵犯健康权赔偿金和后续治疗费一百万元。赔偿精神损失费一千万余元。申冤费用一百万元。共计人民币两千万元。

同时,张玉环还要求江西高院在各大平台公开赔礼道歉,恢复自己的名誉。

1993年,江西南昌进贤县黄岭乡张家村发生了命案,邻居张玉环被警方认定为嫌疑人。1995年1月,南昌中院一审判处张玉环故人杀人罪,判处死刑,缓刑两年。同年,张玉环提出上诉,江西高院以事实不清,证据不足为由发回重判。2001年11月南昌高院重审判决,维持一审判决,张玉环不服,坚持喊冤。直至今年8月4日,江西高院再审此案,最终宣告张玉环无罪。

蒙冤27年的张玉欢终于又回到了家里,自己从青年变成中年,多年来,家人背负“杀人犯家属”的骂名,受尽屈辱。27年他从未尽过一天孝道,父亲离世,母亲苍老,被抓之前,孩子才三四岁,妻子也病重改嫁。

9月2日张玉环在家人及律师的陪同下向江西高院提交赔偿申请。

喊冤27年,张玉环终于等来了自己的清白。

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