【新唐人2013年10月16日訊】中共溫州官員於其一，在「雙規」期間被酷刑折磨致死。近期，審判於其一致死案的結果公布，但原告、被告對判決結果都表示不服。六名涉案的紀檢幹部認為，他們是按照上級指示對受害人實施酷刑，不應該做替罪羊。他們認為﹕被黨拋棄。受害者妻子則要求當局將真正的兇手繩之以法。雖然此案判決引發世界各大媒體關注，但大陸媒體卻集體噤聲，輿論質疑媒體有包庇實情的嫌疑。
據英國《路透社》14號報導，浙江省衢州市法院9月30號裁定，六名相關人員因在於其一「雙規」期間，對他實施「故意傷害行為」導致死亡，分別判處4到14年有期徒刑。對此，其中一名被告人認為量刑過重，不服判決，已經上訴。而民間則認為，當局的量刑明顯過輕。
美國華府人權律師葉寧：「我覺得對他們的量刑不是太重，而是太輕。使用酷刑手段致人死命，這就不是一般的故意傷害罪，而是傷害致死罪，根據《中華人民共和國刑法》，傷害致死罪判刑的極限和故意殺人罪一樣，是死刑。所以如果最高的只是判刑14年的話，這種判決還是因為左手打右手——下不了手，才判的這麼輕。」
報導說，涉案的六名紀檢委幹部表示，他們是按照上級的指示才對於其一實施酷刑。而受害人家屬委託的律師浦志強則表示，六名被告對此案的真正主犯在審理過程中得到了「庇護」，自己卻做了替罪羊，感到不服。
葉寧：「這是一個非常無法、無知的一種說法，因為執行上級命令，根據第二次世界大戰以後的國際公法的準則，特別是紐倫堡憲章的規定，0844你作為一個心智正常的成人，你有辨別這個命令是否合法的辨別能力。單純的以『執行的命令』作為脫罪的根據，在二戰以後這樣的法律準則已經在全世界範圍內被推翻。」
據報導，死者於其一的前妻吳茜，同樣對審判結果表示不滿，她認為真正的元兇沒有受到司法的追究是不公正的，她要求當局對下達指示的更高級別的官員進行問責。
今年3月，浙江溫州原「工業投資集團有限公司」黨委委員、總工程師於其一被溫州市紀委「雙規」並帶走調查。4月8號於其一被送往當地醫院搶救無效死亡，當局解釋為「意外」死亡。但家屬在看到死者身上多處傷痕後，懷疑是遭刑訊逼供致死。浙江警方驗屍鑑定發現，死者「因吸入液體致肺功能障礙死亡」，是人為致死。
於其一的死亡，再度引發了輿論對於中共「雙規」制度的關注。所謂「雙規」，是指中共黨員得在規定的時間、規定的地點，交代問題，是中共為了對付內部官員，獨創的一種「法外」私刑。雖然這種以黨規代替國法，查處官員的做法一直被外界詬病，但中共官員在雙規期間被刑訊逼供致死的案件仍屢見不鮮。
葉寧：「中紀委這種雙規，它本身是一種名不正言不順的，在中華人民共和國現行的這本斯大林主義憲法和中共的刑事訴訟法上，都找不到中共這個中紀委可以關押、可以剝奪公民自由的相關的條款。所以這個由中紀委來行使的雙規，它本身就屬於私刑範疇。」
經六名被告交代，導致於其一死亡的原因是：他被放在冰水浴桶中，頭部被反覆摁入水中致死。而且於其一在雙規期間，還遭遇了被多次浸泡在冰水中、毒打以及被長時間剝奪睡覺等酷刑。有媒體報導，他的屍體上還有被香煙燒燙的痕跡。
葉寧：「對中共的各級涉嫌腐敗的官員，在雙規的過程當中使用酷刑這種做法，本身就是一種違法犯罪的事情，我們知道雙規當中，酷刑使用的相當普遍，目前這個案件暴露出來的只是冰山一角，好像中共官員內部有這麼一種說法，就是說『監獄好過，雙規難熬』」。
雖然中共當局罕見的對紀檢官員進行了司法懲罰，但輿論認為這並不意味著司法狀況有了任何改善，因為真兇依然逍遙法外，而衝在最前方的打手當了替罪羊。因此，獲刑的中共紀檢幹部才會在判決結果出來後高喊：被黨拋棄了。
採訪編輯/張天宇 後製/
6 Chinese Officials Stand Trial for Torture of Yu Qiyi
Wenzhou city Chinese Communist Party official Yu Qiyi
was tortured to death during "Shuanggui" (extra-legal detention
in the CCP's internal disciplinary process).
Recently, the case of Yu's death was tried, but the plaintiff
and the defendants were dissatisfied with the verdict.
The defendants in the case, six officials from the disciplinary
commission, say they were just following orders
from higher-ups to torture Yu.
The officers say they should not be made the scapegoats,
and that they were abandoned by the CCP.
Yu's wife demands that the authorities punish the real killers.
Although the case drew attention from major overseas media,
it had no coverage in China's state-run media.
The public suspects that the media likely harbored the truth.
On Oct. 14, Reuters reported that Quzhou City Court
in Zhejiang Province issued verdicts on Sept. 30.
The six CCP officials were convicted of intentional infliction
of harm leading to Yu's death.
They received sentences of four to 14 years in jail.
One of them has appealed his sentence
which he says is too heavy.
However, many in the public say
the sentences were obviously too light.
Ye Ning, US-based human rights lawyer:
"I think the sentences were not heavy, but too light.
The brutal torture caused a death.
It's not an ordinary crime of intentional injury; it led to a death.
Based on China's law, torturing someone to death counts as
intentional homicide, so they should receive the death penalty.
If the maximum penalty they get is 14 years, it's because
the regime is harboring them, and giving light sentences."
The report says the six officials testified that they followed
orders from higher officials to commit torture.
Pu Zhiqiang, lawyer for Yu's family, says the real criminals
haven't been held accountable during the procedures.
Thus six defendants were made scapegoats;
they are unsatisfied.
Ye Ning: "The defendants' claim is very ignorant.
In regards to carrying out orders from superiors,
after the World War II, the international law, and particularly
the Nuremberg Charter, stated that as a normal adult,
you have the ability to discern whether the order is legitimate.
To simply shirk one's responsibility and say
'I was just following orders', has been rejected
as a reasonable defense since the end of World War II."
The report says that Yu's ex-wife Wu Qian was dissatisfied
with the verdict.
She says the main culprits haven't been brought to justice.
She requested the regime to investigate the higher-up officials.
In March, the victim Yu Qiyi, chief engineer of Wenzhou's
Industry Investment Group was shuanggui and taken away
by city disciplinary division.
On Apr. 8, Yu was hospitalized and later died.
The regime claimed Yu died in an accident.
However, Yu's family saw Yu's body black and blue in bruises.
He was likely tortured to death for a forced confession.
The autopsy by Zhejiang police reported that
Yu died from drowning, and it was man-made death.
Yu's death provoked public's concern over the CCP's
"shuanggui" process.
Shuanggui is a form of extra-legal detention in which
officials under investigation for disciplinary violations
are made to confess to wrongdoings,
and they can be detained for any amount of time.
Although the CCP's shuanggui process' overstepping the law
has long been criticized, party officials tortured to death
via shuanggui remains common practice for the CCP.
Ye Ning: "The disciplinary commission's shuanggui is illegal.
Looking through all China's Stalinist constitution
and the CCP's criminal law,
there is no regulation stating that
the CCP disciplinary commission has right to detain and
deprive any citizen's freedom.
Thus, shuanggui belongs to illegal punishment."
The six defendants confessed that Yu had been dunked
repeatedly in a bucket of ice-cold water, causing his death.
He was deprived of sleep and beaten during his shuanggui.
Media reports say that Yu's body had burn scars
that seemed to be cigarette butt marks.
Ye Ning: "For all level of suspected corrupt CCP officials,
the use of torture during shuanggui procedures is illegal.
We know that the use of brutal torture
is common practice during shuanggui.
Yu's case is just a tip of the iceberg.
There is a saying among the CCP officials:
'Prison is easy, shuanggui is tough'".
Although it is rare for CCP disciplinary commission officials
to be punished, many in the public say that it doesn't mean
the judicial system has changed better.
The real criminals haven't been punished.
The six officials became scapegoats.
That's why after the announcement of the verdict,
they shouted: "Abandoned by the CCP".
據英國《路透社》14號報導，浙江省衢州市法院9月30號裁定，六名相關人員因在於其一「雙規」期間，對他實施「故意傷害行為」導致死亡，分別判處4到14年有期徒刑。對此，其中一名被告人認為量刑過重，不服判決，已經上訴。而民間則認為，當局的量刑明顯過輕。
美國華府人權律師葉寧：「我覺得對他們的量刑不是太重，而是太輕。使用酷刑手段致人死命，這就不是一般的故意傷害罪，而是傷害致死罪，根據《中華人民共和國刑法》，傷害致死罪判刑的極限和故意殺人罪一樣，是死刑。所以如果最高的只是判刑14年的話，這種判決還是因為左手打右手——下不了手，才判的這麼輕。」
報導說，涉案的六名紀檢委幹部表示，他們是按照上級的指示才對於其一實施酷刑。而受害人家屬委託的律師浦志強則表示，六名被告對此案的真正主犯在審理過程中得到了「庇護」，自己卻做了替罪羊，感到不服。
葉寧：「這是一個非常無法、無知的一種說法，因為執行上級命令，根據第二次世界大戰以後的國際公法的準則，特別是紐倫堡憲章的規定，0844你作為一個心智正常的成人，你有辨別這個命令是否合法的辨別能力。單純的以『執行的命令』作為脫罪的根據，在二戰以後這樣的法律準則已經在全世界範圍內被推翻。」
據報導，死者於其一的前妻吳茜，同樣對審判結果表示不滿，她認為真正的元兇沒有受到司法的追究是不公正的，她要求當局對下達指示的更高級別的官員進行問責。
今年3月，浙江溫州原「工業投資集團有限公司」黨委委員、總工程師於其一被溫州市紀委「雙規」並帶走調查。4月8號於其一被送往當地醫院搶救無效死亡，當局解釋為「意外」死亡。但家屬在看到死者身上多處傷痕後，懷疑是遭刑訊逼供致死。浙江警方驗屍鑑定發現，死者「因吸入液體致肺功能障礙死亡」，是人為致死。
於其一的死亡，再度引發了輿論對於中共「雙規」制度的關注。所謂「雙規」，是指中共黨員得在規定的時間、規定的地點，交代問題，是中共為了對付內部官員，獨創的一種「法外」私刑。雖然這種以黨規代替國法，查處官員的做法一直被外界詬病，但中共官員在雙規期間被刑訊逼供致死的案件仍屢見不鮮。
葉寧：「中紀委這種雙規，它本身是一種名不正言不順的，在中華人民共和國現行的這本斯大林主義憲法和中共的刑事訴訟法上，都找不到中共這個中紀委可以關押、可以剝奪公民自由的相關的條款。所以這個由中紀委來行使的雙規，它本身就屬於私刑範疇。」
經六名被告交代，導致於其一死亡的原因是：他被放在冰水浴桶中，頭部被反覆摁入水中致死。而且於其一在雙規期間，還遭遇了被多次浸泡在冰水中、毒打以及被長時間剝奪睡覺等酷刑。有媒體報導，他的屍體上還有被香煙燒燙的痕跡。
葉寧：「對中共的各級涉嫌腐敗的官員，在雙規的過程當中使用酷刑這種做法，本身就是一種違法犯罪的事情，我們知道雙規當中，酷刑使用的相當普遍，目前這個案件暴露出來的只是冰山一角，好像中共官員內部有這麼一種說法，就是說『監獄好過，雙規難熬』」。
雖然中共當局罕見的對紀檢官員進行了司法懲罰，但輿論認為這並不意味著司法狀況有了任何改善，因為真兇依然逍遙法外，而衝在最前方的打手當了替罪羊。因此，獲刑的中共紀檢幹部才會在判決結果出來後高喊：被黨拋棄了。
採訪編輯/張天宇 後製/
6 Chinese Officials Stand Trial for Torture of Yu Qiyi
Wenzhou city Chinese Communist Party official Yu Qiyi
was tortured to death during "Shuanggui" (extra-legal detention
in the CCP's internal disciplinary process).
Recently, the case of Yu's death was tried, but the plaintiff
and the defendants were dissatisfied with the verdict.
The defendants in the case, six officials from the disciplinary
commission, say they were just following orders
from higher-ups to torture Yu.
The officers say they should not be made the scapegoats,
and that they were abandoned by the CCP.
Yu's wife demands that the authorities punish the real killers.
Although the case drew attention from major overseas media,
it had no coverage in China's state-run media.
The public suspects that the media likely harbored the truth.
On Oct. 14, Reuters reported that Quzhou City Court
in Zhejiang Province issued verdicts on Sept. 30.
The six CCP officials were convicted of intentional infliction
of harm leading to Yu's death.
They received sentences of four to 14 years in jail.
One of them has appealed his sentence
which he says is too heavy.
However, many in the public say
the sentences were obviously too light.
Ye Ning, US-based human rights lawyer:
"I think the sentences were not heavy, but too light.
The brutal torture caused a death.
It's not an ordinary crime of intentional injury; it led to a death.
Based on China's law, torturing someone to death counts as
intentional homicide, so they should receive the death penalty.
If the maximum penalty they get is 14 years, it's because
the regime is harboring them, and giving light sentences."
The report says the six officials testified that they followed
orders from higher officials to commit torture.
Pu Zhiqiang, lawyer for Yu's family, says the real criminals
haven't been held accountable during the procedures.
Thus six defendants were made scapegoats;
they are unsatisfied.
Ye Ning: "The defendants' claim is very ignorant.
In regards to carrying out orders from superiors,
after the World War II, the international law, and particularly
the Nuremberg Charter, stated that as a normal adult,
you have the ability to discern whether the order is legitimate.
To simply shirk one's responsibility and say
'I was just following orders', has been rejected
as a reasonable defense since the end of World War II."
The report says that Yu's ex-wife Wu Qian was dissatisfied
with the verdict.
She says the main culprits haven't been brought to justice.
She requested the regime to investigate the higher-up officials.
In March, the victim Yu Qiyi, chief engineer of Wenzhou's
Industry Investment Group was shuanggui and taken away
by city disciplinary division.
On Apr. 8, Yu was hospitalized and later died.
The regime claimed Yu died in an accident.
However, Yu's family saw Yu's body black and blue in bruises.
He was likely tortured to death for a forced confession.
The autopsy by Zhejiang police reported that
Yu died from drowning, and it was man-made death.
Yu's death provoked public's concern over the CCP's
"shuanggui" process.
Shuanggui is a form of extra-legal detention in which
officials under investigation for disciplinary violations
are made to confess to wrongdoings,
and they can be detained for any amount of time.
Although the CCP's shuanggui process' overstepping the law
has long been criticized, party officials tortured to death
via shuanggui remains common practice for the CCP.
Ye Ning: "The disciplinary commission's shuanggui is illegal.
Looking through all China's Stalinist constitution
and the CCP's criminal law,
there is no regulation stating that
the CCP disciplinary commission has right to detain and
deprive any citizen's freedom.
Thus, shuanggui belongs to illegal punishment."
The six defendants confessed that Yu had been dunked
repeatedly in a bucket of ice-cold water, causing his death.
He was deprived of sleep and beaten during his shuanggui.
Media reports say that Yu's body had burn scars
that seemed to be cigarette butt marks.
Ye Ning: "For all level of suspected corrupt CCP officials,
the use of torture during shuanggui procedures is illegal.
We know that the use of brutal torture
is common practice during shuanggui.
Yu's case is just a tip of the iceberg.
There is a saying among the CCP officials:
'Prison is easy, shuanggui is tough'".
Although it is rare for CCP disciplinary commission officials
to be punished, many in the public say that it doesn't mean
the judicial system has changed better.
The real criminals haven't been punished.
The six officials became scapegoats.
That's why after the announcement of the verdict,
they shouted: "Abandoned by the CCP".
