Wrongly jailed man wants 69.8m yuan compensation

A businessman wrongly imprisoned in North China on tax-evasion charges is suing the court that tried him, seeking 69.8 million yuan ($11.2 million) in damages.

Jiao Zhanjun was exonerated on appeal in 2011 after staying in jail for two years (from 2001 to 2003) and a legal battle that lasted eight years (from 2003 to 2011).

He said his demand for record compensation from Anguo court in Hebei province is to draw attention to incompetent grassroots-level judges.

"I know the odds of my getting it all are slim," the 58-year-old said, "but I need to tell the public about my losses from the poor performance of some judges, and about the serious harm it can do to individuals and society."

He said over the eight-year legal battle, he suffered physically and mentally, while his traditional Chinese medicine business, Daren Pharmaceuticals Corp, as well as a hotel he owned, were both forced to close.

Jiao was originally detained in 2001 on allegations his company had failed to pay 1.58 million yuan in taxes.

At the subsequent trial in Anguo in 2003, he was found guilty and sentenced to three years behind bars with a four-year reprieve. He served two before being released on bail pending another appeal.

"I knew the ruling was wrong. I didn't violate the tax law," said Jiao, who was finally cleared of any wrongdoing by a county court in Baoding.

He said he initially asked for just 120,000 yuan in compensation but was rejected by Anguo court. 

"I was furious," he said. "So, I calculated my losses over the years and applied for 69.8 million yuan (in August), which includes more than 12 million yuan for the effect on my health, and 1 million yuan for mental anguish."

According to the State Compensation Law, the daily rate for someone wrongly imprisoned is equal to the national average daily wage for the previous year.

Zhan Zhongle, a professor of administrative law at Peking University, said the revised law does cover mental anguish, but "lacks detailed standards".

"Although I was declared innocent, my bank account is still frozen," Jiao said. "I have not received an apology for a judgment that has ruined my life. I want everyone to know what a catastrophe this has been for my family."

An official at the Anguo court who did not give his name declined to comment on Thursday because the case is ongoing. "We will definitely correct any mistake we may have made," he said.

Zhang Yiping, a spokesman for Baoding intermediate court, also declined to comment until the case is concluded.

"I never lost faith, even when all my family and friends tried to persuade me to give up. I believed the law would give me justice," he added.