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China overturns activist sentence | China overturns activist sentence |
(40 minutes later) | |
A Chinese court has thrown out a guilty verdict against Chen Guangcheng, an activist who raised concerns about forced abortions. | |
"It was found that there have been serious violations in the legal procedures," said Chen's lawyer. | "It was found that there have been serious violations in the legal procedures," said Chen's lawyer. |
Chen, 34, was found guilty of public order offences in August, and sentenced to more than four years in jail. | |
His case drew international criticism, with rights advocates saying he did not receive a fair trial. | His case drew international criticism, with rights advocates saying he did not receive a fair trial. |
The Linyi City Intermediate Court has now quashed Chen's conviction, and ordered a retrial. | The Linyi City Intermediate Court has now quashed Chen's conviction, and ordered a retrial. |
The BBC's Beijing correspondent says successful appeals are extremely rare in China's court system, so the ruling on Mr Chen came as a welcome surprise to his lawyers and family. | The BBC's Beijing correspondent says successful appeals are extremely rare in China's court system, so the ruling on Mr Chen came as a welcome surprise to his lawyers and family. |
His case will go back to a lower court in Yinan County, one of Chen's lawyers, Li Jingsong, told the Associated Press. | His case will go back to a lower court in Yinan County, one of Chen's lawyers, Li Jingsong, told the Associated Press. |
"The court said it was because the process of the first trial was unfair and facts and evidence... were not tenable and did not hold water," Mr Li said. | "The court said it was because the process of the first trial was unfair and facts and evidence... were not tenable and did not hold water," Mr Li said. |
"This is definitely good news," he added. | "This is definitely good news," he added. |
The retrial should take place within two months. | The retrial should take place within two months. |
Retribution? | Retribution? |
Chen Guangcheng was sentenced to four years and three months in jail for "damaging property and organising a mob to disturb traffic". | Chen Guangcheng was sentenced to four years and three months in jail for "damaging property and organising a mob to disturb traffic". |
The official Xinhua news agency reported that he had launched an attack on government offices and police cars in Yinan County, because he was upset with workers carrying out poverty-relief programmes. | The official Xinhua news agency reported that he had launched an attack on government offices and police cars in Yinan County, because he was upset with workers carrying out poverty-relief programmes. |
But Chen's supporters said that local officials had fabricated these charges, in order to punish him for exposing violations of China's one-child policy. | But Chen's supporters said that local officials had fabricated these charges, in order to punish him for exposing violations of China's one-child policy. |
Chen had accused local health workers in Linyi city in Shandong of forcing hundreds of people to have late-term abortions or sterilisations. | Chen had accused local health workers in Linyi city in Shandong of forcing hundreds of people to have late-term abortions or sterilisations. |
His allegations were covered in the international media, including an article in Time Magazine which claimed some 7,000 people had been sterilised against their will in the province. | His allegations were covered in the international media, including an article in Time Magazine which claimed some 7,000 people had been sterilised against their will in the province. |
Several workers were later arrested or sacked over the claims, state media reported, acknowledging "successive complaints" about illegal practices in Linyi. | Several workers were later arrested or sacked over the claims, state media reported, acknowledging "successive complaints" about illegal practices in Linyi. |
China brought in its one-child policy 25 years ago, in a drive to curb population growth. But forced sterilisation and abortion are illegal. | China brought in its one-child policy 25 years ago, in a drive to curb population growth. But forced sterilisation and abortion are illegal. |