山东高院，你们是清官还是昏官？ Judges at the Shandong High Court, are you guardians of justice or asleep at the wheel?

3/18/20245 min read

山东省高级人民法院：

Shandong Provincial High People's Court:

本人是北京市汉鼎联合律师事务所张庆方律师，受兰陵县冯作力委托，担任李步尧、冯作力、张晓东、曹永富、王强等五人被构陷拐卖儿童罪冤案中冯作力的再审申诉代理人。

I am Zhang Qingfang, a lawyer from Handing United Law Firm in Beijing, representing Feng Zuoli of Lanling County. I have been entrusted to act as the attorney for the retrial appeal for Li Buyao, Feng Zuoli, Zhang Xiaodong, Cao Yongfu, Wang Qiang, and others who were wrongfully accused of trafficking children.

本人认为，2001年3月7日发生在当时的苍山县，现在的兰陵县的5月大婴儿失踪案，苍山县公检法在没有查明失踪儿童下落的情况下，完全依靠残酷的刑讯逼供，炮制出李步尧、冯作力、张晓东、曹永富、王强等五人拐卖儿童一案，依据当时的法律和证据标准，本案也是一起非常明显的冤案。

I believe the case of the 5-month-old baby who disappeared on March 7, 2001, in what was then Cangshan County and is now Lanling County, is a clear case of miscarriage of justice. Without determining the whereabouts of the missing child, the local police, prosecutors, and courts relied solely on brutal forced confessions to concoct a case of child trafficking against Li Buyao, Feng Zuoli, Zhang Xiaodong, Cao Yongfu, Wang Qiang, and others. By the standards of the law and evidence at the time, this case is an obvious wrongful conviction.

很简单的道理，稍微懂点侦查心理学的人，谁能接受五个同案都承认拐卖儿童的事实，却无人能说清被拐儿童的下落，而且五人的口供之间，他们不同时间的供述之间矛盾重重？

It's simple logic: how could anyone with a basic understanding of investigative psychology accept that all five co-defendants confessed to trafficking children, yet none could specify the whereabouts of the trafficked child? Moreover, the confessions of the five men were riddled with inconsistencies across different times.

更让本人作为一个法律人，一个刑辩律师无法接受的是，在当年的被告人李步尧口中“捂死、焚烧后丢河里了”的婴儿，18年后的2019年亡者归来，已经回到生父母身边的情况下，山东高院对五个蒙冤入狱六到十年的当事人提起的申诉，仍然无耻的以“申诉人所提被拐卖儿童已经找到的新证据，证明原审判决确有错误的申诉理由，本院认为，涉案男婴找到的事实，并不能否定当年李步尧、曹永富、张向前等被告人抢走的事实，也无法证明李步尧、张向前未参与拐卖儿童的事实，故该申诉理由不能成立。申诉人所提‘被告人供述系被刑讯逼供所得，依法应予排除’的申诉理由，经审查并未有确实的证据予以证实，该申诉理由亦不能成立“驳回”。

What I, as a legal professional and a criminal defense lawyer, find utterly unacceptable is that the Shandong High Court still shamelessly rejected the appeals of five individuals who were wrongfully imprisoned for six to ten years, despite the fact that the baby, who was allegedly "suffocated and burned before being thrown into a river" according to defendant Li Buyao, returned alive to his biological parents 18 years later in 2019. The court dismissed the new evidence brought by the appellants, which indicated that the original judgment was erroneous, stating, "The fact that the involved male infant was found does not negate the fact that Li Buyao, Cao Yongfu, Zhang Xiangqian, and others took the child, nor does it prove that Li Buyao and Zhang Xiangqian did not participate in the child trafficking. Therefore, the appeal based on 'the defendant's confession was obtained through torture and should be excluded according to law' lacks solid evidence and cannot be established."

对贵院的驳回理由，本律师忍不住要骂娘：几个未署名的审查申诉法官，究竟是如何混进法官队伍的？基本的证据学常识，他们完全不懂？

To your court's reasons for rejection, I can't help but curse: how did these anonymous judges who review appeals manage to infiltrate the judiciary? Do they not understand the basic principles of evidence?

如果没有被逼供，李步尧会供述“孩子被我们捂死后焚烧，扔河里了”，会打碎茶杯吞瓷片寻短见？会咬掉自己的半截舌头？其他四个当事人会至今仍有累累伤痕？

If not for being tortured, would Li Buyao confess to "we suffocated the child, burned him, and threw him into the river"? Would he break a teacup to swallow porcelain shards in an attempt to kill himself? Would he bite off half of his own tongue? Would the other four defendants still bear numerous scars to this day?

不需要实地调查，仅查阅原审案卷即足以认定本案中存在严重刑讯逼供的一个冤案，在亡者归来的情况下，你们就只知道坐在办公室里，拍脑袋断案？

Without needing an on-site investigation, merely reviewing the original case files is sufficient to determine this case involves a serious instance of torture to extract confessions. With the return of the deceased, do you only know to make judgments from your offices?

山东高院就这个办案水平，怎么能让山东百姓满意？

With such standards of handling cases, how can the Shandong High Court satisfy the people of Shandong?

几个尸位素餐的申诉审查法官，山东人民养着你们，除了制造冤案外，还能有什么正面作用？

What positive role can a few judges, who merely occupy their positions without contributing anything, play for the people of Shandong, other than creating wrongful convictions?

尤其被打脸的是，就在山东高院2021年驳回五个当事人的申诉申请后，兰陵政法委书记宋自强2023年4月12日亲自召集兰陵县公安局局长张新玉、检察院检察长卢文平、法院院长侯雷，并由案件当年公诉人李岚、现磨山镇党委书记和派出所所长给五人作陪，对五人通报：小孩找到后，在省专案组的督导下，真凶线索已查到兰陵县神山镇一案犯，但因其他案件被枪决，拐卖儿童案无法继续查下去；小孩养父母之所以未被追究法律责任，因过追诉时效。宋书记及公检法一把手，均劝五人沉住气，再耐心等等。宋志强书记承诺，会尽快亲自跑省政法委汇报本案，请示解决方案。

What's truly astonishing is the sequence of events after the Shandong High Court dismissed the appeals of the five men in 2021. Song Ziqiang, Secretary of the Lanling Political and Legal Committee, called a meeting on April 12, 2023. Attendees included Zhang Xinyu, Director of the Lanling County Public Security Bureau; Lu Wenping, Chief Prosecutor; Hou Lei, Court President; and Li Lan, the case's original prosecutor. Also present were the Communist Party Secretary of Moshan Town and the local police station chief. They gathered to update the five men on a shocking development: the real culprit had been identified in Shen Mountain Town, Lanling County, thanks to the provincial task force's efforts. Unfortunately, further action was impossible since the suspect had already been executed for other crimes; and due to statute limitations, the child's adoptive parents faced no legal consequences. Secretary Song, along with top officials from the police, prosecution, and judiciary, advised the five to remain patient and calm. Song pledged to escalate the matter to the provincial Political and Legal Committee personally, aiming to find a resolution.

但是，时到今日，又是将近一年过去了，山东省的司法系统仍然不肯启动再审程序，为五个受尽折磨，一身是伤的当事人平反。

However, nearly a year has passed since then, and the judicial system of Shandong Province still refuses to initiate a retrial process to exonerate the five individuals who have been tortured and bear physical scars.

你们究竟是要五人为你们下跪，求你们这些青天在老爷，还是盼着他们给你们送钱？

What do you want from these five people? Do you want them to kneel before you, begging you, these lofty officials, or are you hoping they will bribe you?

如果是后者，你们开个价，本人替他们出钱。

If it's the latter, name your price, and I will pay on their behalf.

如果你们要几个苦主对你们下跪，你们的脸皮得有多厚？

If you expect these victims to kneel before you, how thick-skinned must you be?

人民领袖指出：许多案件，不需要多少法律专业知识，凭良知就能明断是非，但一些案件的处理就偏偏弄得是非界限很不清楚。

The people's leader has pointed out: many cases do not require much legal expertise; a conscience is enough to clearly discern right from wrong. However, the handling of some cases blurs the lines of justice.

各行各业都要有自己的职业良知，心中一点职业良知都没有，甚至连做人的良知都没有，那怎么可能做好工作呢？

Every profession should have its own professional conscience. Without even a bit of professional conscience, let alone human conscience, how can one possibly do their job well?

政法机关的职业良知，最重要的就是执法为民。

The most important professional conscience for the judicial and legal authorities is to enforce the law for the people.

作为一个山东人，作为一个法律人，在此，我郑重建议：山东高院应该立即主动启动临沂焚童案的再审，并追究制造本起冤案，以及阻挠本案平反的所有责任人，不要继续正事不干，扯皮推诿，丢山东人的脸，对人民领袖阳奉阴违了！

As a Shandong native and a legal professional, I strongly urge: The Shandong High Court needs to kickstart a retrial for the Linyi child burning case right away. It's high time those who contributed to this miscarriage of justice and have been blocking its correction are held responsible. Enough with dodging accountability and embarrassing Shandong's people. And enough with paying lip service to the people's leader!

本人作为冯作力的律师，绝对不会继续惯你们的毛病，不会容忍你们继续漠视五个兰陵百姓的合理诉求，拿着山东人民给的工资，不干正事，不干人事。

As Feng Zuoli's lawyer, I will no longer tolerate your negligence. I will not allow you to continue ignoring the legitimate demands of five Lanling citizens, taking the salary provided by the people of Shandong without doing your job.

到2024年4月底，你们不对该案启动再审，本人将以你们不能控制的方式，将本案申诉推向新阶段。

By the end of April 2024, if you do not initiate a retrial for this case, I will push this appeal to a new stage in a way you cannot control.

我有没有这个能力，你们拭目以待！

Wait and see if I have the capability to do so!

北京市汉鼎联合律师事务所律师

Lawyer at Handing United Law Firm in Beijing

2024年3月18日

March 18, 2024

附：1、山东高院驳回申诉通知书

Attachments: 1. Notification of Rejection of Appeal by Shandong High Court

2、五位当事人对当年遭遇刑讯逼供的陈述；

2. Statements of the five individuals regarding being tortured during their original ordeal;