Who Stripped the Law of Its Dignity

by Team FNVA
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Hu Shuli
Caixin Online
September 21, 2012

The last and ultimate chapter in the Wang Lijun incident raises the possibility of addressing the underlying flaws of the judicial system.

Among the most gruesome findings in the recent release of details on the Wang Lijun trial was just how far-reaching illegal practices permeated the Chongqing municipal government.

A common refrain in official statements and court documents is: “China is a socialist country run by the rule of law. The dignity and power of law shall not be trampled.” But how Bogu Kailai and her accomplices were able to disregard Chinese law deserves deep reflection.

According to the Xinhua story, after Bogu conducted the homicide, high-level police officials in Chongqing didn’t require any convincing to participate in the cover-up, instead they competed to bend the law in the Bo family’s favor.

Wang, then-head of Chongqing’s police, directed the cover-up operations, according to the Xinhua report. “After we moved to Chongqing, I often visited Bogu’s home, and I felt that Bogu treated me nicely.” He put Heywood under surveillance as soon as the Brit arrived in Chongqing, and later appointed Guo Weiguo, a deputy close to Wang, to oversee the murder case.

Wang then promised Bogu that the situation would “be fine in a week or two.” Moreover, he personally delivered hotel surveillance video of Heywood’s room to Bogu and assured her that all evidence would be destroyed. After the cremation of Heywood’s body, he called on Bogu to tell her, in lighthearted tone, that Heywood had “turned to smoke and flew on a crane to the Western paradise,” alluding to the cremation of the body. It’s clear that Wang was willing to pull every lever within his reach to please Bogu.

It’s not clear yet why Guo, who was promoted to be Wang’s deputy only 10 months prior to the murder, established a close relationship with the Bo family. But he took the imitative, without asking Wang’s permission, to assign three police officers close to him to take care of the murder investigation, and concocted a story attributing Heywood’s death by excessive alcohol consumption. Guo then persuaded Heywood’s family members to agree to a cremation without an autopsy.

Guo asked Li Yang and Wang Pengfei, officers he appointed to handle the case, to get rid of key evidence. In certain respects, Guo’s loyalty to the Bo family far outshone Wang. In addition, when conflicts started to brew between Bo and Wang, Guo served as the messenger. He was also present when Bo and Wang had their final spat. Guo was clearly an important actor in the case.

Li Yang, Wang Pengfei and Wang Zhi, who served as head of the municipality’s police investigation team, had no evident ties to the Bo family before the case. As soon as they were assigned by Guo, three high-level law enforcement officers chose to cooperate and moved swiftly to accommodate the powerful family. Their easy surrender was a shame.

Bogu’s ability to manipulate law enforcement agencies and command the personal loyalty of police officers demonstrated a power unmatched by any crime organization.But when Wang showed signs of disenchantment with Bogu’s tactics, the loyal servant immediately became an enemy. Four of Wang’s assistants were soon illegally detained.

The process and result of these illegal detentions are still unknown to the public. But the development obviously upset Wang, who reported directly to the party chief of Chongqing on January 28 of Bogu’s suspected involvement in the murder.

But the party chief’s reaction on the second day, after a night of deliberation, was to scold and slap Wang on the face, witnessed by his subordinates including Guo. Wang was then demoted and three more of his assistants were illegally detained.

Wang was wise to conduct further investigations over Heywood’s death and keep key evidence. He had no other choice but to enter the U.S. consulate and seek asylum. When mafia members break up with their bosses, they can attempt to seek police protection. But in Chongqing and for the former police boss, there was nowhere to turn. And this perhaps encapsulates one of the greatest embarrassments of the country’s current legal system.

Wang was lauded as a hero for uprooting Chongqing’s organized crime groups before he entered the U.S. consulate and brought the issue to public view. If not for the showdown, he might have remained a hero in the minds of local people, and the truth of Heywood’s murder would have remained buried. It’s difficult to say what would have happened to Wang under this scenario.

Among the lingering ironies from Wang’s trial was his willingness to work at the beck and call of Bogu, despite this public image as a valorous crime fighter. And when the once-powerful police chief was suddenly knocked off his post, his assistants were illegally prosecuted and he could do nothing but flee.

The magnitude of power Wang had at his disposal during the famous Chongqing “anti-mafia” campaign and the cover-up of Heywood’s death was a public outrage. But even more egregious was just how quickly local political and police forces moved to smother Wang when he fell out of favor with the Bo family.

The rule of law is written in China’s constitution, and states that consensus between the ruling party and the public is a goal. The trials of Bogu and Wang, and the shards of truth that have since emerged, were an important exercise in the rule of law.

According to the prosecutor, Wang “revealed important information of others’ legal activities” and “played an important role in the investigation of relevant cases.” Perhaps this represents only a prelude to another trial, which can serve as the final installment to the saga and open the door to legal reforms. While nothing has been a foregone conclusion with regard to the handling of the cases, it is clear that the establishment of a judicial system that can make horizontal and vertical checks on power must be implemented with greater urgency than ever.

The author is the editor-in-chief of Caixin.

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