【中文标题】中国秘密隐瞒处决 【原文标题】China executions shrouded in secrecy 【原文链接】http://news.bbc.co.uk/2/hi/asia-pacific/8432514.stm 【登载媒体】BBC 【翻译方式】人工 【声明】本翻译仅供Anti-CNN使用,未经译者或AC许可,禁止转载 【译者】連長 【原文库链接】http://bbs.m4.cn/thread-214095-1-2.html 【译文】
Executions are usually carried out soon after sentencing 判刑后通常会很快执行 Opponents of the death penalty condemn China's record on a number of fronts. 死刑反对者正面谴责中国的若干记录档案 Firstly, there is the secrecy surrounding the judicial process that makes it impossible to find out whether the accused has had a fair trial or not. 首先,在保密的审判环境下,不可能查明被告是否获得了公正的审问。 That means of course that it is uncertain how many criminals are executed here.
也就是说不能断定这儿到底有多少罪犯被处决。
Human rights groups based abroad estimate that China executes more people each year than the rest of the world put together - although there is quite a disparity between their figures.
据海外的人权团体保守估计,中国每年处死的人比其他国家加起来还要多,尽管他们的数据间有相当大的悬殊。 It will be around 5,000 in 2009, down from 6,000 in 2007, according to the US-based Dui Hua Foundation. 据美国对话基金会称:2009年可能为5000人,比2007年的6000人有所下降。 Amnesty International's figure is lower. It estimates the number of executions in 2008 was about 1,700, still a considerable number. The disparity shows just how little is known about the process here. 大赦国际提供的数据是较低的。据估计,2008年大约有1700人呗处死,这仍是一个很大的数字。 Reports in the Chinese media suggest about one in 10 executions is for non-violent, economic crimes.
中国的媒体报道,大约有10种处决是非暴力的,比如经济犯罪。
The US government, in its most recent annual report on human rights in China, said there were at least 68 capital offences in China's criminal code.
美国政府在最新的中国年度人权报告中指出:在中国刑法中,至少有68种罪行可以判处死刑。 Death penalty 'acceptable'
死刑是“可接受的”
Then there are objections to the way the sentence is carried out. In Xinjiang, prisoners are killed with a gunshot to the head.
在新疆,处决囚犯是用枪射击头部。
This is still the preferred method in much of the country, although this year the courts in the province of Liaoning announced they were replacing this gruesome practice with lethal injection - joining seven other provinces and municipalities who have introduced this method in the last seven years.
这仍然是该国大部分地区的首选办法,尽管今年辽宁省法院宣布他们将改变这种恐怖的做法---实行注射死亡----加入在过去7年中采用这种方法的其他7个省市。
Within China, according to a commentary this month in the Southern Weekend written by legal scholar Chen Guangzhong, "most of the public and members of the legal community basically accept and support China's current policy toward the death penalty".
在中国境内,根据法律学者Chen Guangzhong本月初在南方周末上发表的评论“大多数公众和法律界人士基本上接受和支持中国对死刑的现行政策”。
But Mr Chen questioned whether the insistence on secrecy was causing more harm than good because it eroded people's confidence in the way the sentence was handed down and carried out. 但Chen先生坚决主张保密是弊大于利的,(这句不太明白)
CHINA DEATH PENALTY
·No official figures on executions
·Dui Hua Foundation - 5,000 in 2009
·Amnesty International - 1,718 in 2008
·Last year 72% of the world's total executions took place in China - Amnesty International
·It applies to 68 offences, including non-violent crimes such as tax fraud and embezzlement
·Those sentenced to death are usually shot, but some provinces have introduced lethal injections
中国死刑·没有被处死刑的官方记录 ·对话基金会—2009年有5000人 ·大赦国际---2008年有1718人 ·去年,全球72%的处决发生在中国---大赦国际 ·大约有68种罪行能判死刑,包括非暴力犯罪,比如骗税和贪污 ·那些死刑通常用是枪决,但一些省份也采用注射死亡 The way that death penalty policies are implemented ought to be an important subject for public oversight," he said.
“死刑政策的执行情况应该是公众监督一个重要话题”,他说
The courts here describe themselves as independent, but the reality is the Communist Party controls them.
法院把自己描述为独立的,但实际上却是受共产党控制的。
In fact, the Dui Hua Foundation points out that the secrecy is preventing China from getting credit for what it describes as "considerable progress… in its reduction of the use of capital punishment".
对话基金会指出:事实上,保密是预防中国获得这样的信任----“相当大的进展……减少死刑方面”(这句拿不准)
Two years ago China changed the rules to give the Supreme People's Court final say over whether a death sentence is carried out or not. Before that it was lower courts that had the final say.
两年前,中国改变了规则,最高人民法院最终决定是否判处死刑或不执行的发言权。在这之前,基层法院拥有最后的发言权。
Dui Hua believes the number of people executed fell by at least a quarter in the year after the reforms were introduced.
对话基金会认为,在改革之后,意念力被处决的人数至少下降了四分之一。
A court spokesman, quoted in the US government human rights report, suggested that since then the court had rejected 15% of the cases it had reviewed, due, the report said, to "unclear facts, insufficient evidence, inappropriateness of the death sentence in some cases and inadequate trial procedures".
自从一位法庭发言人引述美国政府的人权报告建议后,法院否决了它15%的已审案例。理由是“事实不清、证据不足”,对于某些情况下造成的不恰当的死刑判决,则以“审判程序不足”予以否决。
Clemency appeal
呼吁从轻处理
What has made the case of Akmal Shaikh so unusual is that he was the first European national to be convicted of a capital crime in half a century.
是什么原因造成Akmal Shaikh的案子如此不寻常?那就是他作为半个世纪以来第一个被宣判处死刑的欧洲公民。
His supporters have complained that the court did not take into account Mr Shaikh's mental illness - his family says he suffers from bipolar disorder and was delusional when he arrived in China.
他的支持者抱怨说:法庭没有考虑到Shaikh先生患有精神病,他的家人说;他来中国的时候患有双相情感障碍症和妄想症。
China's criminal code does acknowledge that those suffering from mental disorders should not be held responsible for their actions.
中国的刑法也承认,那些患有精神病的人不应该对他们的行为负责。
But the concern in this case is that a judicial system that carries out its deliberation behind closed doors cannot guarantee that Mr Shaikh's condition has been accurately considered.
但是,在这种关门审理的情况下,并不能保证Shaikh先生的病情被考虑进去了。 A spokesman for the Chinese embassy in London has pointed out that under Chinese law anyone found with 50g of heroin can be executed. Mr Shaikh was found with 4kg. This was an extremely serious offence. 中国驻伦敦大使馆的发言人指出:根据中国法律,任何人只要被发现携带50g海洛因就可以被处死。Shaikh先生被发现携带了4Kg,这是一个极其严重的罪行。 British Prime Minister Gordon Brown has nonetheless appealed for clemency on behalf of Mr Shaikh.
尽管英国首相Gordon Brown替Shaikh先生恳求仁慈的宽大处理。
Chinese diplomats have listened, but it seems unlikely his request will be granted.
中国外交官听到了,但这似乎是不太可能得到批准的要求。
To do so might look like an acknowledgement that the proper procedures in this case had not been followed - and China does not welcome or encourage foreign scrutiny of its judicial process which it regards as very much an internal affair.
在这件案子中,这样做看起来似乎是证明---中国没有遵守恰当的程序---不欢迎或者说是不鼓励外国的司法程序,因为中国认为这是内政。
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