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No Trial for Beijing Officers Over Death of Environmentalist No Trial for Beijing Officers Over Death of Environmentalist
(35 minutes later)
BEIJING — Five law enforcement officers in Beijing will not stand trial over the death of a Chinese environmentalist, even though prosecutors found that they broke the law by misusing force, delaying medical care and lying about the circumstances of his death, officials said on Friday.BEIJING — Five law enforcement officers in Beijing will not stand trial over the death of a Chinese environmentalist, even though prosecutors found that they broke the law by misusing force, delaying medical care and lying about the circumstances of his death, officials said on Friday.
The news was the latest turn in the controversial case of Lei Yang, a 29-year-old with a newborn daughter whose death in May ignited widespread anger over police brutality. The official announcement — describing a chain of mistakes and misdeeds by the officers, but declining to put them on trial — appeared likely to reignite contention over the case. The news was the latest turn in the controversial case of Lei Yang, a 29-year-old with a newborn daughter whose death in May set off widespread anger over police brutality. The official announcement — describing a chain of mistakes and misdeeds by the officers, but declining to put them on trial — appeared likely to renew contention over the case.
“The circumstances of the criminality were slight and they were able to acknowledge and repent their crimes,” the procuratorate, or prosecutors’ office, of Fengtai district in south Beijing, said of the suspects. The announcement did not give their full names. Two were police officers who were arrested in June. Another was an auxiliary officer and two were security guards employed by the police. “The circumstances of the criminality were slight and they were able to acknowledge and repent their crimes,” the procuratorate, or prosecutors’ office, of Fengtai district in south Beijing, said of the officers. The announcement did not give their full names. Two were police officers who were arrested in June. One other was an auxiliary officer, and two more were security guards employed by the police.
The team of officers caught Mr. Lei near a foot massage parlor on the northern outskirts of Beijing. His family and supporters insisted that the police had entrapped him, invented accusations that Mr. Lei had paid for sex at the parlor and lied about how he died. The team of officers caught Mr. Lei near a foot massage parlor on the northern outskirts of Beijing. His family and supporters insisted that the police had entrapped him, invented accusations that Mr. Lei had paid for sex at the parlor, and lied about how he died.
To his supporters, Mr. Lei symbolized how even middle-class Chinese citizens are vulnerable to abuses of power by unaccountable authority figures. He held a master’s degree from Renmin University in Beijing, worked for an environmental group affiliated with the government and so stood out from the blue-collar and rural residents who most often allege brutality by the police. To his supporters, Mr. Lei symbolized how even middle-class Chinese citizens are vulnerable to abuses of power by unaccountable authority figures. He held a master’s degree from Renmin University in Beijing and worked for an environmental group affiliated with the government, thus standing out from the blue-collar and rural residents who most often accuse the police of brutality.
But the district prosecutors’ office, which was assigned to decide whether to take the case further after an investigation that began in early June, said the officers’ misdeeds were not grave enough to merit a trial.But the district prosecutors’ office, which was assigned to decide whether to take the case further after an investigation that began in early June, said the officers’ misdeeds were not grave enough to merit a trial.
“The investigation has found that the policing personnel involved were carrying out public duties according to the law,” the office said in a question-and-answer explanation that accompanied its decision. “The rumors that spread on the internet about a ‘payback attack’ and ‘entrapment in law enforcement’ had no basis in fact.”“The investigation has found that the policing personnel involved were carrying out public duties according to the law,” the office said in a question-and-answer explanation that accompanied its decision. “The rumors that spread on the internet about a ‘payback attack’ and ‘entrapment in law enforcement’ had no basis in fact.”
Mr. Lei’s family could not be reached Friday, and a lawyer helping the family in the case, Chen Youxi, did not answer phone calls or messages. But they and Mr. Lei’s other supporters, many of them alumni of Renmin University, seem unlikely to be satisfied with the prosecutors’ decision.Mr. Lei’s family could not be reached Friday, and a lawyer helping the family in the case, Chen Youxi, did not answer phone calls or messages. But they and Mr. Lei’s other supporters, many of them alumni of Renmin University, seem unlikely to be satisfied with the prosecutors’ decision.
Still, the government is unlikely to back down, said Liang Xiaojun, a lawyer in Beijing who often takes on contentious legal rights cases.Still, the government is unlikely to back down, said Liang Xiaojun, a lawyer in Beijing who often takes on contentious legal rights cases.
“This case is already more than a simple one. It’s been escalated to a high level of stability maintenance,” Mr. Liang said by telephone, using government jargon for maintaining social control. “Lei Yang’s family can appeal, but that’s going to be tough, because this was not a decision that could have been made just by the lower procuratorate.”“This case is already more than a simple one. It’s been escalated to a high level of stability maintenance,” Mr. Liang said by telephone, using government jargon for maintaining social control. “Lei Yang’s family can appeal, but that’s going to be tough, because this was not a decision that could have been made just by the lower procuratorate.”
According to the prosecutors’ account, one evening in May, the five officers went out in plain clothes as part of a crackdown on prostitution. Mr. Lei, according to this account, was questioned by the officers after he had left a foot massage parlor. In China, such parlors sometimes double as brothels, and the prosecutors said the evidence and interviews showed that Mr. Lei had sex with a prostitute in the parlor. His family said that was unthinkable for Mr. Lei.According to the prosecutors’ account, one evening in May, the five officers went out in plain clothes as part of a crackdown on prostitution. Mr. Lei, according to this account, was questioned by the officers after he had left a foot massage parlor. In China, such parlors sometimes double as brothels, and the prosecutors said the evidence and interviews showed that Mr. Lei had sex with a prostitute in the parlor. His family said that was unthinkable for Mr. Lei.
According to prosecutors, Mr. Lei tried to run away, but the officers tackled him. He “fiercely resisted,” and officers grabbed his hair, wrapped an arm around his neck and pressed down on his head and limbs. After the officers put him in a police vehicle, the prosecutors said, Mr. Lei tried to escape again, and again the officers piled on.According to prosecutors, Mr. Lei tried to run away, but the officers tackled him. He “fiercely resisted,” and officers grabbed his hair, wrapped an arm around his neck and pressed down on his head and limbs. After the officers put him in a police vehicle, the prosecutors said, Mr. Lei tried to escape again, and again the officers piled on.
“Later, Lei stopped shouting and he no longer put up resistance,” the prosecutors’ account said. “His physical responses showed clear changes and he went limp.”“Later, Lei stopped shouting and he no longer put up resistance,” the prosecutors’ account said. “His physical responses showed clear changes and he went limp.”
The officers did not immediately take Mr. Lei to a hospital or give emergency aid. By the time they took him to a hospital, there were already no signs of life, and doctors pronounced him dead late that night. Earlier accounts said Mr. Lei died of a heart attack, but the latest statement said he asphyxiated on the contents of his own stomach that entered his respiratory tract. The officers did not immediately take Mr. Lei to a hospital or give emergency aid. By the time they took him to a hospital, there were no signs of life, and doctors pronounced him dead late that night. Earlier accounts said Mr. Lei died of a heart attack, but the latest statement said he asphyxiated on the contents of his own stomach that entered his respiratory tract.
“Subsequently, they deliberately concocted facts, concealed the truth and obstructed the investigation,” the prosecutors said of the officers.“Subsequently, they deliberately concocted facts, concealed the truth and obstructed the investigation,” the prosecutors said of the officers.
Despite all that, the law enforcement officers had not “deliberately beaten him to death,” Mr. Lei had resisted the law and the officers had shown contrition, the announcement said. The prosecutors recommended that the men face internal police discipline.Despite all that, the law enforcement officers had not “deliberately beaten him to death,” Mr. Lei had resisted the law and the officers had shown contrition, the announcement said. The prosecutors recommended that the men face internal police discipline.
The Beijing Public Security Bureau said in response to the announcement that it respected the decision.The Beijing Public Security Bureau said in response to the announcement that it respected the decision.
“We express our deep regret for Lei’s death,’’ it said, “and are deeply apologetic for the misfortune and pain brought to his family.”“We express our deep regret for Lei’s death,’’ it said, “and are deeply apologetic for the misfortune and pain brought to his family.”