Man gets death, wife given life in prison for minor rape

17 June 2014, China



Man gets death, wife given life in prison for minor rape
Bai Yunjiang (right) is sentenced to death by a court in Jiamusi, Heilongjiang province, on Monday for murdering a 16-year-old girl in July. Bai’s wife, who lured the girl to their home and was pregnant at the time, was sentenced to life in prison. XIAO JINBIAO / FOR CHINA DAILY


A man in Heilongjiang province was sentenced to death and his wife to life in prison on Monday for murder, rape and robbery in the death of a teenager who had been lured into their home.

Bai Yunjiang and his wife Tan Beibei murdered 16-year-old Hu Yixuan after Bai failed in his attempt to rape her on July 24, 2013, according to the province’s Jiamusi Intermediate People’s Court.

On that day, a pregnant Tan pretended she had belly pains and asked Hu, who was walking by, to escort her home, the court said, in order to lure the girl into the couple’s home.

At the couple’s home, Bai gave Hu yogurt that was poisoned with a drug to make her unconscious. But the court said he failed to rape her after she fell asleep. The couple then suffocated the girl, put her body in a suitcase and buried it.

The couple was arrested on July 28 and the body was identified the next day.

Before the murder of Hu, Bai had raped two other girls last year, the court said. In both of these cases, Tan lured them into the couple’s home and gave them sedatives, after which the couple robbed them of their jewelry and Bai raped them, according to the court.

The convicts pled guilty and apologized to Hu’s family during a court hearing last week.

In the judgment, the court said that the couple deserved such extreme punishments, as their motives were despicable, the murder was brutal and the case brought great negative influence.

Because Tan was pregnant during her detention and court hearing, the court did not give her the death penalty under the current Chinese Criminal Law.

The convicts were also asked to pay 374,499 yuan ($60,840) to Hu’s family.

Bai said he will appeal to a higher court, while Tan accepted the punishment.

Sun Hongbo, Hu’s mother, was absent when the judgment was announced. The 43-year-old mother said on Monday that she was afraid to hear the case in court and that she could not accept Tan’s life sentence.

The Jiamusi government is providing Sun with basic living allowances and a job, which can bring up to 1,200 yuan monthly, because her family lost their only child.

“I’m poor and old, so I don’t want to have another kid,” said Sun, who added that she will speak with her lawyer about whether the compensation is reasonable.

Wu Ming’an, a criminal law professor at the China University of Political Science and Law, approved the court’s verdict, saying a woman cannot be sentenced to death if she is pregnant.

“So the judgment is reasonable, although the woman’s behavior was harsh,” he said.

Bao Yunhe, the mother of a 2-year-old girl in Jiamusi, said she has followed the case. She said Tan did not respect life, including her unborn baby, at that time.

“I’ll tell my kid to take her own safety as priority, even though helping strangers should be encouraged,” she added.

The convicted couple married in 2012, but fell out of love in May 2013 when Bai found out Tan had extramarital affairs with other men. The court said Tan felt sorry for her affairs and started luring girls home to Bai, the statement added.

Tan gave birth to a boy on Aug 6, 2013. No one from Tan or Bai’s families will take care of the baby, but police said they have received phone calls from across China with offers to adopt the child because “he is innocent”.

CHINA – Li Yan faces imminent execution – please appeal

ADPAN is concerned that Li Yan could be executed any day between now and early February   Li Yan was sentenced to death for killing her husband after suffering months of domestic violence.  There are unfair trial concerns and  judges reportedly did not fully take into account the evidence sustained by Li Yan’s injuries.

See information put out on Li Yan by CADP:

More than 100 lawyers and scholars across China have signed an open letter calling on the Supreme People’s Court to withdraw the death sentence, see petition below.


See appeal below in English and Chinese.

Document – Chinese woman faces imminent execution: Li Yan

UA: 13/13 Index: ASA 17/007/2013 China Date: 24 January 2013



A Chinese woman who killed her husband after suffering months of domestic violence is at imminent risk of execution, after exhausting all her appeals.

According to sources within China, Li Yan is currently held at Anyue County Detention Centre in Sichuan province, south-west China. Li Yan could be executed any day between now and Chinese New Year in early February. Li Yan’s ex-husband, Tan Yong, abused her emotionally and physically from their marriage in early 2009. He frequently beat her, stubbed cigarettes out on her face and during the freezing Sichuan winters locked her outside on the balcony of their apartment for several hours with little clothing. On one occasion, he cut off one of her fingers.

Li Yan required hospital treatment for her injuries after one attack, and contacted the authorities several times including the police. However, they did not follow-up her complaints, initiate investigations or offer her any protection.

In late 2010, Li Yan beat her husband to death with a gun.

Li Yan was sentenced to death on 24 August 2011 by the Ziyang City Intermediate People’s Court for intentional homicide under article 232 of the Chinese Criminal Code. She appealed against the death sentence but the Sichuan Provincial Higher People’s Court upheld the verdict on 20 August 2012. Despite Li Yan’s testimonies about the abuse she suffered and evidence provided by witnesses, the court upheld the death sentence. Her last appeal to the Supreme People’s Court in Beijing was dismissed.

Please write immediately in Chinese or your own language:

Urging the Chinese authorities not to implement Li Yan’s death sentence;

Calling on them to ensure that Li Yan has access to her family;

Urging the National People’s Congress to introduce a legal procedure for requesting clemency in line with China’s obligations under international human rights law;

Urging the Chinese authorities to take all allegations of domestic violence seriously, conduct effective investigations and, where there is sufficient admissible evidence, prosecute suspects in fair trials.


Supreme People’s Court President

WANG Shengjun Yuanzhang

Zuigao Renmin Fayuan

27 Dongjiaomin Xiang

Beijingshi 100745

People’s Republic of China

Fax: +86 10 65292345

Salutation: Dear President

National People’s Congress Standing Committee Chairman

WU Bangguo Weiyuanzhang

Quanguo Renda Changwu Weiyuanhui Bangongting

23 Xijiaominxiang, Xichengqu

Beijingshi 100805

People’s Republic of China

Email: (please send attachment only)

Salutation: Dear Chairman

And copies to:

HU Jintao Guojia Zhuxi

The State Council General Office

2 Fuyoujie, Xichengqu

Beijingshi 100017

People’s Republic of China

Fax: +86 10 63070900

Salutation: Dear President

Also send copies to diplomatic representatives accredited to your country.

Please check with your section office if sending appeals after the above date.



Additional Information

Violence against women, including domestic violence, is a violation of human rights and is a form of discrimination under the UN Convention on the Elimination of all Forms of Discrimination Against Women, to which China is a party. Under the Convention, China is obliged to exercise due diligence to prevent violence against women and to effectively investigate all allegations of such violence and prosecute the suspects in fair trials, whether they are state actors or private actors like Li Yan’s husband. China is also required to ensure reparations, including compensation to victims of violence like Li Yan (Committee on the Elimination of all Forms of Discrimination Against Women, General Recommendation 19, A/47/38 (1992)).

In January 2007, the practice of having the Supreme People’s Court (SPC) review all death sentences was restored. It had been suspended in 1982. All death sentences must now be reviewed by the SPC, which has the power to approve death sentences or remand cases for retrial.

Amnesty International has serious concerns about the fairness of trials in death penalty cases. There are also significant gaps between the law, practice and international commitments made by China to uphold international fair trial standards. There is also limited access to legal counsel and the police often extract confessions through torture or other ill-treatment.

The SPC’s review process is not transparent and there are no clemency procedures for condemned prisoners after they have exhausted their appeals through the courts. Article 6(4) of the International Covenant on Civil and Political Rights, which China has signed but not ratified, grants the right to anyone sentenced to death to seek pardon or commutation of the sentence.

The death penalty is applicable to at least 55 offences in China. Although the government eliminated 13 crimes punishable by death in 2011, it retains the death penalty for many non-violent crimes, including corruption and drugs related offences. The Chinese authorities have reported a drop in executions since the SPC resumed this review but have declined to release relevant statistics which remain classified as a state secret. Legal academics and court officials in China have occasionally been quoted estimating the decrease at between 10–15 per cent each year since 2007. As information on the application of the death penalty remains shrouded in secrecy in China, it is impossible to make a full and informed analysis of death penalty developments, or to verify if there has been such a reduction in its use. Amnesty International estimates that China executes thousands of people every year and certainly more than the rest of the world combined.

Name: Li Yan

Gender m/f: f

UA: 13/13 Index: ASA 17/007/2013 Issue Date: 24 January 2013









  • 要求中国有关当局取消对李彦死刑判决;
  • 请求他们让家人探访李彦;
  • 要求全国人民代表大会,制定合法要求赦免或减刑的程序,履行中国遵守国际人权法的承诺;
  • 请求中国当局认真处理所有有关家庭暴力的指控,展开有力的调查,及在足够合理的证据下, 对疑犯提出公平的审判。






最高人民法院院长 王胜俊

传真:+86 10 65292345





全国人大常委会委员长 吴邦国


电子邮件 (请只寄附件)







国家主席 胡锦涛


传真:+86 10 63070900







对女性施加暴力,包括家庭暴力,均违反人权以及《联合国消除对妇女一切形式歧视公约》。中国亦为其中缔约国。根据该公约,中国负有当然责任防止女性免受暴力对待,并有效地调查有关暴力事件,以公平的方式起诉及审判疑犯,无论他们是公职人员或是平民百姓如李彦的丈夫。中国必须确保采取补救制度,包括对暴力受害者李彦的赔偿。(《联合国消除对妇女歧视委员会》一般性建议19, A/47/38 (1992))







UA:13/13  索引号:17/007/2013  发出日期:24 January 2013

CHINA – ‘Wu Ying case shows death sentences for non-violent crimes must go.’


20 April 2012

The decision to order a retrial in the case of a Chinese businesswoman facing execution highlights the urgent need for the authorities to halt death sentences for non-violent crimes as a first step towards abolition, Amnesty International said as it welcomed the news.

Wu Ying had been convicted of fraudulent fundraising and the case prompted an unprecedented debate in China as well as international attention.

The retrial was ordered by China’s Supreme People’s Court.

“Wu Ying’s fate has roused heated debate on the death penalty in China – we welcome the decision to retry her case,” said Catherine Baber, Amnesty International’s Asia-Pacific Deputy Director.

“The authorities must ensure that the retrial upholds international fair trial standards, and does not end in a death sentence.

“A legal system allowing the ultimate punishment for non-violent crimes has rightly been questioned by many Chinese – we urge the authorities to end capital punishment for economic crimes, in keeping with international law.

“The authorities must also allow an option for clemency in death penalty cases, as many Chinese legal scholars have called for in Wu Ying’s case.

“China should immediately establish a moratorium on all executions as a first step toward abolition.”

For more information or interview please contact Katya Nasim at / + 44 207 413 5871 / + 44 7904 398 103