
Police escort Gu Kailai (left) and family aide Zhang Xiaojun into
court. Gu, wife of Bo Xilai, was given a suspended life sentence. Zhang was
jailed for nine years for being an accessory to murder. Photograph:
Reuters
Gu
Kailai, the wife of the disgraced Chinese politician Bo Xilai, has escaped the death penalty for
murdering the British businessman Neil
Heywood in a decision that takes the
country's leaders one step closer to resolving the biggest political upheaval in
decades.
A
spokesman for the court in Hefei said Gu's "despicable" crime deserved the death
sentence but it would be suspended for two years because the Briton had verbally
threatened her son and because Gu suffered mental impairments that had weakened
her self-control.
Suspended
death sentences are almost always commuted to life imprisonment in China.
Experts
say the judgment will have been decided high up in the Communist party – which
controls the courts – as it tries to deal with the scandal surrounding Bo, only
months ahead of a once-a-decade leadership transition.
While
many suspect that Bo's political enemies saw the murder trial of his wife as an
opportunity to bring him down, the case has nonetheless cast an unwelcome light
on the party elite.
Cheng
Li, of the Brookings Institution, an American thinktank, said: "This whole thing
is not just about Gu Kailai or even Bo Xilai: it's about the survival of the
Communist party and how it can get out of this very embarrassing and threatening
situation."
Coverage
was carefully controlled, with Chinese news sites running reports of events from
Xinhua, China's official press agency.
While
there was widespread discussion of the case on blogs, with several users arguing
that Gu's sentence was unfairly lenient compared with those given to less
well-connected criminals, BBC and CNN broadcasts were blocked.
Tang
Yigan, the court's spokesman and vice-president, said Gu, 53, regretted her
crime and had also provided information about other people's crimes.
In
a state television clip, Gu appeared calm as she told the court: "The judgment
is just. It reflects the court's special respect to the law, to reality and to
life."
A
family aide, Zhang Xiaojun, 33, was jailed for nine years. Tang said it was
relatively lenient because he was an accessory rather than the crime's
instigator, had confessed and had expressed regret.
He
Zhengsheng, a lawyer representing relatives of Heywood in Hefei, said: "We
respect the sentence from the court."
Tang
said Gu poisoned Heywood, 41, with cyanide after she and her son, Bo Guagua, had
a financial dispute with him in 2011, which worsened when the Briton threatened
Bo verbally. But the court found no proof that Heywood had taken action, as Gu's
lawyers apparently claimed.
The
businessman's friends say they fear that he was smeared to justify a lighter
sentence for Gu.
His
death last November in south-western Chongqing – where Gu's husband Bo was then
party secretary – was initially blamed on excessive alcohol consumption.
But
two months later Chongqing's former police chief, Wang Lijun, fled to the US
consulate in Chengdu after breaking with Bo, triggering the scandal. Wang is
expected to go on trial soon, though it is unclear what charges he will
face.
That
could be a step on the path towards action being taken against his former boss
and patron. Little has been heard about Bo, who was once tipped to join the
party's highest ranks, since the announcement in the spring that he was being
investigated for disciplinary violations.
Some
analysts think the party will deal with him internally, pointing out that his
name was not mentioned during his wife's trial and that prosecutors focused on
the murder without raising issues such as corruption.
Bo,
a polarising figure, remains popular in Chongqing and his former stronghold of
Dalian, and supporters would almost certainly react angrily to a trial –
especially if he did not co-operate. It would also raise questions about how
someone with such flaws could reach such a senior level.
But
Li suggested Gu's sentence might have paved the way for charges against her
husband – first disciplinary and then probably criminal.
"People
are already asking, why not Bo Xilai? This is what authorities want: step by
step to handle Bo," he said. "But we still don't know whether it will be before
the party congress or after."
In
a separate session, four police officers from Chongqing were jailed for between
five and 11 years for covering up the murder. The court said they "faked, hid
and destroyed" evidence to protect Gu.
Two
British diplomats attended Gu's trial and sentencing in a consular capacity. A
spokesman for the British embassy in Beijing said: "We welcome the fact that the
Chinese authorities have investigated the death of Neil Heywood, and tried those
they identified as responsible.
"We
consistently made clear to the Chinese authorities that we wanted to see the
trials in this case conform to international human rightsstandards and for the death
penalty not to be applied.
"Our
thoughts are with Mr Heywood's family during this distressing time … our focus
remains on offering them all the support we can."
Lenient sentence
Suspended
death sentences have become more common in recent years, with official sources
indicating that they exceeded actual death sentences in 2007. But lawyers said
Gu Kailai's sentence was nonetheless an extremely lenient one for premeditated
murder.
"If
the murderer was an ordinary person who killed someone, not to mention killing a
foreigner, the criminal would be sentenced to immediate execution," said Peking
University law professor He Weifang. Well known rights lawyer Pu Zhiqiang added:
"Although I welcome this verdict, it doesn't actually stand up from a legal
standpoint."
Analysts
suggested before the sentencing that officials faced a political dilemma: too
heavy a penalty might be seen as retaliation against the family of a popular
official by rivals; too lenient might suggest that those with powerful
connections could literally get away with murder. Although suspended death
sentences are almost invariably commuted to life imprisonment, few of those who
receive them die in prison. Joshua Rosenzweig, an independent human rights
scholar in Hong Kong, said one study showed such sentences usually resulted in
the criminals serving between 14 and 24 years. Gu might also be eligible for
medical parole, but would have to wait two years for her sentence to be commuted
and then serve a minimum of at least seven more years.
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