Chinese-American Faces Trial in China Over Business Dispute

The following is an excerpt from an article in:


The New York Times
Sunday, December 23, 2012

Chinese-American Faces Trial in China Over Business Dispute

By ANDREW JACOBS

BEIJING — As his family tells it, Vincent Wu is an industrious Chinese-American immigrant who sold his family’s suburban Los Angeles home to finance the construction of a shopping center in China he thought would allow him to retire early. To the police in Huizhou, a city in the southern province of Guangdong, Mr. Wu, 54, is a Mafia kingpin and illegal casino operator who dispatched his enemies through kidnapping, extortion and violence.

Whether an accurate depiction of Mr. Wu will emerge during a trial that begins Monday in Huizhou is anyone’s guess, although the 98 percent conviction rate enjoyed by Chinese prosecutors suggests that the defendant stands a slim chance of acquittal.

“It’s going to be a tough battle,” one of his lawyers, Wang Shihua, said Friday as he scrambled to sort through the 8,000 pages of evidence that the police had only recently delivered to Mr. Wu’s defense team. “At the very least, it’s going to be a very confrontational trial.”

That confrontation is likely to center on allegations that Mr. Wu was tortured into signing a confession, which is the crux of the case against him. In a deposition released by his lawyers, Mr. Wu says he was beaten while being hung upside down, deprived of food and water for several days and then given stimulants so he could not sleep. In the end, Mr. Wu says, he signed the declaration of guilt that was placed before him. “They pre-wrote everything,” he told his lawyers, according to the deposition. “If I didn’t sign it, they beat me.”

Mr. Wu’s case, human rights groups say, highlights the problems that even American citizens face in China’s flawed and deeply politicized criminal justice system. Although confessions extracted through torture are technically inadmissible in court, legal experts say the police frequently rely on heavy-handed tactics to win the confessions that often form the basis of convictions. “We’d be pleasantly surprised if the judge even allows the allegations of torture to be discussed in the courtroom,” said Roseann Rife, East Asia director for Amnesty International, which has been publicizing his case.

According to his family, powerful former business associates are behind Mr. Wu’s prosecution. They say one of them, Lin Qiang, a former provincial public security official, is seeking to claim his assets following a Chinese court ruling that favored Mr. Wu.

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