China’s Supreme People’s Court ordered the Shandong High People’s Court to review the rape and murder conviction of Nie Shubin who was 21 years old when he was convicted and sentenced to death and executed.
The review was ordered after the original conviction for rape and homicide was based on insufficient evidence over the times involved, tools used and cause of death, the court said on Wednesday.
Nie was executed in 1995 for the rape and murder of a 38-year-old woman in Shijiazhuang City, Hebei Province. Nie is a mechanical worker from the same city.
China Daily reported that in 2005, a man, Wang Shujin, arrested for another rape and murder, admitted while in jail that it was he who killed Nie’s alleged victim. Wang, 38 then, was also convicted of the crimes and sentenced to death.
Wang’s confession made the court review Nie’s case. The review, which took 18 months, found no evidence that Nie was tortured into admitting the crime.
The Hebei Higher People's Court rejected Wang’s claim – even if he is a serial rapist. Nie’s family initiated an appeal when they learnt of Wang’s confession. The five-man panel which reviewed the case discovered that evidence in the original trial failed to identify Nie as the criminal beyond reasonable doubt. It added the trial and investigation were marked by major inconsistencies.
The court also found that Nie’s signature on six legal documents were forged, but the fingerprints were authentic. Nie’s lawyer, Li Shuting, promised to produce a new witness when the Supreme People’s Court re-hears the case, Shanghai Daily reported.