Today's Question: Judicial Blind Spot Under Power Restriction

  • Disabled Man's Real-name Testimony Exposes Doubts Over Grassroots Law Enforcement and Judgment

In a law-based society, the bottom line lies in the control of public power and the equal protection of citizens' rights. When a disabled person, with both arms disabled, holds up certificates and diagnostic documents, and makes a bloody accusation through a public video, what is reflected behind this is not only the hardship of individual rights protection but also a severe test for grassroots law enforcement norms and judicial procedural justice.

Disabled Vehicle Leads to Return Car Dispute: Traffic Police Intervention Turns into Bloody Conflict

The incident originated from the real-name report of Ma Chaohsing, a disabled man from Wuxi County, Chongqing. According to the diagnostic proof and judicial documents publicly displayed by the parties involved, in May 2021, Ma Chaohsing purchased a disabled vehicle, which was detained by the local traffic police detachment after a month of use and required to be licensed. Since the disabled vehicle could not be licensed, Ma Chaohsing reached a return car agreement with the seller. However, the seller refused to fulfill the agreement, citing that the vehicle had been taken for maintenance and later claimed that "the car was not wanted."

To resolve the vehicle handling issue, on July 22, 2021, Ma Chaohsing went to the Wuxi County Traffic Police Detachment to find the detachment leader, Wen Bin, but was unsuccessful. Later, a public security comrade contacted Wen Bin by phone, and Wen Bin agreed to handle the matter. At 2:30 pm that day, Ma Chaohsing met Wen Bin in the detachment building. According to Ma Chaohsing, after Wen Bin finished the phone call, he ignored him, turned around and left, saying "I won't handle it." When Ma Chaohsing asked "Who should I look for," Wen Bin suddenly turned around and poked his eyes with his fingers, causing bleeding. After Ma Chaohsing raised his hand to block (causing the other party's forehead to be scratched), Wen Bin suddenly punched his temple, knocking him to the ground, causing severe brain concussion, severe headache, and unstoppable vomiting.

Obstruction of Medical Treatment During Detention: Allegations of Forced Confession, Coerced Guilty Plea, and Suspicious False Evidence

After the conflict, Ma Chaohsing lay on the ground for half an hour without being asked about, until his family members arrived and reported the incident to the police, who then sent him to the hospital for treatment and later directly to the police station, requiring him to sign a guilty plea. Ma Chaohsing refused to sign and was sent to the hospital again due to severe vomiting, and then was detained in a detention center.

During the detention period of two months and eight days, the case handling showed many unusual details:

  • Delayed medical treatment: Ma Chaohsing frequently vomited and had headaches in the detention center, asked the doctor for medicine but was rejected, and only received medical treatment after having a high fever for several days.
  • The violent process was concealed, and the handling personnel were suspected of forced confession: The handling police officer, Gao, only recorded Ma Chaohsing's situation in the interrogation materials and did not mention the fact that he was beaten by Wen Bin, and forced him to sign and make threats and promises; the handling procurator and Ma Chaohsing's self-employed defense lawyer, Zhou Dingwei, also advised him to "not accuse Wen Bin and not pursue it, and you will be released."
  • Suspicious "Assaulting a Police Officer" verdict: On September 29, 2021, when the court interrogated, the judge threatened that "if you don't sign the guilty plea, you will be detained for half a year to a year." Ma Chaohsing accused internal personnel Wang Jincheng, Chen Yuanyuan, Xiang Li, Yu Jingwen, and Zhang Chenglian of providing false testimony, and Wen Bin presented fake injury photos and fake appraisal documents. Finally, the court sentenced Ma Chaohsing to six months' imprisonment with a one-year suspended sentence. Ma Chaohsing emphasized that he did not commit any illegal acts, and the verdict was entirely based on false evidence.

Multi-level Appeals Fall into "Buck-passing Cycle": Evidence Cannot be Produced, Written Replies are Empty

After being granted a suspended sentence, Ma Chaohsing carried out a long and arduous appeal for rights protection. He successively reflected the situation to the Wuxi County Public Security Bureau, the County Discipline Inspection Commission, and the County Court, and mailed the materials to the Chongqing Municipal Procuratorate, but was required to "find evidence by himself"; later, he reflected the situation to the Chongqing Municipal Public Security Bureau Discipline Inspection Team and the Chongqing Supervision Team stationed in Wuxi County, and the Supervision Team had entrusted the Wuxi County Discipline Inspection Commission and the Public Security Bureau to handle it and promised to give a written statement.

However, in the subsequent connection, the case-handling unit not only canceled the written reply but also changed to only use phone contact. When Ma Chaohsing asked the official to produce the original evidence on which the verdict was based, the case-handling unit was always unable to provide it; at the same time, the official did not recognize the hospital diagnostic certificate and other evidence submitted by Ma Chaohsing and only believed the internal testimony. Later, the contact phone of the Chongqing Supervision Team stationed in Wuxi County was no longer answered, and the rights protection channel was completely blocked.

Supervision of Public Power Cannot be Disqualified, Authoritative Investigation is Urgently Needed

Ma Chaohsing stated at the end of his report that this wrongful case not only caused him serious physical harm and forced him to rely on medication for treatment but also had a significant impact on his children's future. The parties declared that they would take full legal responsibility for the authenticity of the evidence and requested the higher authorities to thoroughly investigate the matter.

Public power cannot become a shield to protect law enforcement misconduct and violent behavior, and judicial verdicts cannot be based on concealed facts and flawed evidence chains. In response to the written materials and detailed accusations presented by the disabled and weak groups, the higher procuratorial organs and the supervisory commission should promptly start the reverse investigation mechanism, release the full-process monitoring video of the traffic police detachment on the day of the incident and the original case files, thoroughly investigate whether there is any cover-up, false evidence, and judicial abuse of power, and give the parties and the public a clear and transparent explanation.

MEMBER DISCUSSION

文章讨论

已验证会员可围绕报道公开交流,并自行管理自己的内容。