Domestic violence victim in China wins death sentence reprieve

A Chinese court has suspended the death sentence of a woman who killed her husband after suffering months of violence at his hands, in an unusually high-profile recognition of domestic abuse that activists hope could pave the way for more change.

China has little history of tackling domestic violence through the justice system or practical assistance for victims, but Li Yan’s case garnered huge public sympathy.

Her husband started attacking her soon after they married in 2009, stubbing out cigarettes on her face and even cutting off part of a finger. In November 2010, she battered him to death with an air rifle after he threatened to turn it on her.

She was sentenced to death for his murder in 2011 but after a high-profile campaign, the supreme court ordered a retrial last year. The court on Friday ordered a two-year reprieve on her death sentence, which is almost certain to be converted to life in prison without parole.

“It really was a political decision because of the public outcry on this case, and the very skilful advocacy by women’s rights activists,” said Nicholas Bequelin, director for East Asia at Amnesty International.

“It is not a precedent in the common law sense, but nonetheless it is a landmark case. It will serve as a foothold to future cases and also gives a measure of legitimacy to people who are pressing for more activism on the issue of domestic violence.”

The decision came shortly after the supreme court unveiled new sentencing guidelines for cases involving victims of abuse, and as the Chinese government considers a draft bill on domestic violence, efforts to tackle a widespread and often ignored problem.

Li’s lawyers said they were grateful for the “attention, support and help from across society” that helped prevent the execution, but were still disappointed with the sentence.

“The retrial has given the second worst verdict for a criminal case,” Beijing Qianqian Law Firm, which represents Li Yan, wrote on its Weibo page. “Though the suspended death sentence keeps Li Yan alive, it’s never a light sentence.”

Li’s supporters say she had tried desperately to get help before she killed her husband. She had begged police and local women’s affairs officials for assistance, but even after one outburst of violence put her in hospital, they left her to fend for herself.

She told her brother in a letter from jail that if China had had a law on domestic violence her case might have ended differently.

Many abuse victims in China feel trapped because of official indifference and a lack of assistance escaping from their attackers. Refuges are very rare, with just over 400 to serve a population of more than 1.3 billion, and many of them are abandoned or disused, state media has reported.

“I think the court has given in to the pressure from the society which has yet to fully grasp the concept of domestic violence,” said Feng Yuan, feminist and longtime campaigner against domestic violence.

“I am very disappointed. Not that I had very high expectations before the retrial, but according to the latest guidelines on cases involving domestic violence issued by the supreme court, Li Yan’s case should not be counted as murder.”

Additional research by Luna Lin