Janny’s Own Words

The following is from an interview with Janny about the false confession that was given to the court. It is presented both in the original Chinese and English translation.

The name of the interviewer has been removed.

S:他是怎么叫你写口供的?How did they ask you to write the confession?

J:她说,现在不用你说什么,我问你答。我说,好。其实那些公安知道,她们也跟我说,我知道你是被人利用。She said you don’t need to say anything now, I will ask and you just answer. I said OK. Actually, all those policemen knew, and they all told me that they know I am being used.

S:那个公安跟你说?The policemen said that?

J:那个调查。同一个人,她之前和我感情比较好。The investigator, she has a better relationship with me before the court.

S:她怎么跟你感情好呢?How did she build a better relationship with you?

J:就是那个公安,她讨好我,说,你讲吧。She is a policewoman; she pleased me and keeps asking me to tell her.

S:她怎么讨好你?How did she please or brown-nose you?

J:她说,现在没用了,你的命不好。你觉得你还可以回去吗?不可以。你只可以和我合作,写这个什么才可以,可以放你回去。她说,我知道你是被别人害的,我知道你是被别人利用的,我知道你好,不是坏人。她说,现在只可以这么说,我觉得你如果没罪,这是不可能的,不可能没罪,你是百分百有罪。她这样和我说。然后又和我说,但是你,你的罪只是一点点,很轻微。多的话,两三年这样。She said, you are in bad luck. Do you think you can go back home? No way. The only thing you can do is collaborate with me, write down and you can go back. She said I know you are being set up. I know you are being used. I know you are a good girl, not a bad person, but I have to tell you, you have broken the law, so you are not innocent in this part, you are guilty. But she told me it’s a misdemeanor, two or three year sentence at most, then I can go back home.

S:她有多说这样的话?Did she really tell you that?

J:有,她有。我说,为什么?我什么都不知道。她说,你已经违法了,只要那个袋子在你手上。可是我不知道啊,我是被冤枉的,我是受害者。我觉得自己没有罪,我不知道,我也没看到,我是被人骗过来的。然后她说,越南的法律就是这样,你怎么都逃不了了,只要包在你手上,包里有毒品,你就是违反了越南的条例,就是非法。我的情绪很不好,一直哭。我不明白为什么会这样。她说,你不用担心,你只是犯法一点点,一点点,你只要和我合作,她说,只要和我合作,说出过程,你真实反映。我说,我什么都没有瞒你。你可以看我的表情,check我的心理,我没有说过一句半句假话。

然后,她说,她说,越南的法律就是这样,我不知道你中国的法律是怎么样的,但越南的就是这样,只要你手上的袋子里有毒品你就有罪。

Yes, she did. And I asked why? I know nothing, I was being set up, I didn’t know there were drugs in the suitcase. I am innocent. And she said this is the law in Vietnam, you cannot escape. As long as you are caught with carrying drugs then you broke the law. You have the suitcase in your hand and there are drugs in the suitcase, so you broke the law. I kept crying and she said, no worry, you broke the law but very slight, just a misdemeanor, as long as you are working with me, tell me the whole process and how you feel. I said I told you all, nothing hidden, you can see my face, you can do the psychological check, I did not tell any lie. And then she said, I don’t know the law in China, but in Vietnam, you did break the law.

S:所以她跟你说两三年,你就信了?So you trusted her when she said two or three years in prison then you can go home?

J:是啊。她说你一定有做,你逃不开了的。那时候,还没写那份,律师也过来和我说,你怎么会没有罪呢?行李箱在你那里,你怎么没罪。他的意思就是我有罪。我不知道怎么说了。我说,我可以怎样做?我要求见我的家人。我没有和律师说很多。他问我还有什么要说,我说想说的都说了。我又不会看越文,又不会听,不会说。那个调查员会说中国话,那个女的。后来,她逼我,说我有罪,整天冤枉我。我都不想见她了。

Yes, she said you are guilty, you cannot escape. But I don’t want to write. Then the lawyer came and also told me I broke the law. He said how can you be innocent? You are the one carrying the suitcase and there are drugs in the suitcase. I didn’t know what to say to see my family. I did not want to talk to the lawyer, I don’t read, speak Vietnamese. The investigator can speak Chinese, and she forced me to say I am guilty; I didn’t want to talk and see her at that time.

S:就是那个调查员?The female policemen?

J:是啊,我说为什么,我要接受这样的事?她有看准我的情绪,说,“阿珍啊,我知道你不是坏人,但犯法只是一瞬间,只是一瞬间的事,就像我们开车,一不小心就被人抄牌了,只是超时一点点,我们也不知道,但是已经拆牌发票了。”她跟我说这样的例子,说明犯法只是一念之差,但是百分百有罪。

Yes, I asked why, I am innocent why do I have to suffer something like this. She knew how to comfort me, she said, I understand, you feel it’s unfair, it’s just like when I am driving I don’t want to cross the red light, but I did sometimes before I realized. What I can do? Pay the fine and remember. She keeps telling me I did break the law.

S:给你一种感觉是你一定有罪的?一定要写这一份东西?So she kept telling you and made you feel you are guilty? You have to write something?

J:是的。是的,她说只能这样。我现在要帮你写结论书,该怎么写。Yes, she said this is the only way out. She said she needs to write her investigative report. She said what should she write.

Yes, she said. I’m going to help you write your conclusion book.

S:她有没有跟你说出这样的话“我说,你来写,然后就可以减轻罪行”?Did she tell you something like “you write down what I said and it could be urged in extenuation of your crime?”

J:是,就是这样的。Yes, she had, that’ what she said.

S:原话是怎么的?Tell me what exactly she said, her original words.

J:她说,现在怎么说呢,我也在帮着你。你知不知道,我从来没有对一个犯人像对你那么好。我现在也是在救你,很同情你,我也知道你很冤枉,很冤枉,但是这件事只能怪自己命不好。你一定是有罪。

我说为什么有罪,听到她说有罪,我就不想和她合作。我情绪又不好。她呢,想很多,又安抚我的情绪。我很生气,她也把我的气压下去。她说,你要听我说,这样,一直在哄我。她说她可以帮到我,她说她相信我只是犯了一点点的法,很快会回去,现在我是帮你,向法官求情。她叫我写,我说我不会写啊。写什么?她说,现在是写求情书,求情书,和法官说是怎么样的。我说我不会写。她说不用啊,我念你写就行了。她就念了。她说:我是一个老实的,我觉得这句可以写。然后说,我不知道我也不想犯法,我也不知道这样触碰了法律,她说这些可以让法庭从轻。我不知道这份是认罪书。调查一个星期后他们就结束了,给我一份结论书,结论书出来的时候,他们写我,我已经认罪了。

She said “I am helping you now, do you know, this is the first time I am being so nice to a criminal, I pity you, I am saving you, I know you are a wronged person, I know you feel this is unfair. But who can you blame? Blame your bad fate.

I am very sad and angry when she said that again, and I kept crying, and she comforted me again. She kept saying that I will help you, I believe you, you just need to intercede and ask the mercy from the judge. Then I can go back home soon. She said I need to write this intercede letter to ask the favor and mercy from the judge. I said I don’t know how to write this intercede letter. She said is intercede letter, you tell the judge what happened and how it happened. I said I don’t know how to write then she said, “I read you write, you write down what I say”. So she read like, “I am an honest person, I don’t know and I don’t want to commit the crime, I don’t know what I did broke the law…” she said this letter will help me to get a slight punishment. I don’t know this letter is a confession letter.  A week later, they said the investigation is over, and gave me an investigative report. I saw the report, it said I am already confessed and admit the criminal behavior.

S:所以,你以为是求情书,事实上是认罪书,她没跟你说过这个认罪书?So what you mean is you thought is an intercede letter, but in fact it turned out to be a confession? And she did not tell you that is a confession letter?

J:没有,没有说过是认罪书。结论出来之后,我就骂啊,我说为什么?我一直想见那个侦查员,但是她一直不见我。一直都不来见了。直到法庭上,我说我没有认罪啊,为什么这份东西写我已经认罪了?为什么?我就问啊,我说我要见调查员。但我不会说越南话。他们说你可以写啊。那我就写了了我不会认罪,我还写了两份,一份给大使馆,一份给法官,我问为什么要侮辱我?

No, she didn’t. She did not say it’s a confession letter at all. When I saw her report, I scolded her. I wanted to see her, but she never showed up again after the letter. I did not see her until the court. I cry out in the court, and said I did not plead guilty, why this letter become confession? I shout at the investigator in court.

 

S:她审了你多久才叫你写这份东西?How long did it take her to ask you to write this letter?

J:两个月,还是多少?Two months, more or less.

S:天天审吗?Did she come to interrogate you every day?

J:一个星期来一两次,写完这份东西就没再来过了。Once or twice a week, after the letter she never showed up again.

S:她写之前每次和你谈,大概每次谈多久?How long did the interrogation last every time?

J:有时候一个早上,八点开始,到十点十一点她就回去。Sometimes all morning, from 8 to 11am.

S:有打过你骂过你吗?Did she beat you during interrogation?

J:没有。No.

S:只有循循诱导你?She just induced you step by step?

J:是的。两三个月,我不记得具体多久了。Yes, it last two or three months, I don’t remember how many times.

S:你确定,她明确跟你说,这是求情书?Are you sure, she told you clearly that this is a letter to intercede the judge for mercy?

J:是的。她跟我说,你也要同情我,你那么小,你很聪明,你为什么还做毒品?我说我没有做毒品啊。做毒品的话我读那么多书干什么?而且我哪有钱做啊?他们也没给我钱啊?回去也就给我补贴,大概一千块人民币,其他什么都没有啊。

Yes, she said she pities me, she said you are so young, you are smart. You should not touch the drugs. I said if I want to do drugs what’s point to study so hard? Nothing else.

S:所以你不认罪,但她一直诱导你?So you don’t plead guilty but she induces you to the confession.

J:是的。Yes, she did.

S:开庭的时候有没有说你并不知道这是认罪书?Did you tell the judge that you don’t know is a confession on court?

李惠珍:我们家人根本不懂越南话,不知道他们说些什么,只是通过翻译,他说我已经认了,我说我没认啊,但我不知道那个翻译到底怎么翻译的,根本不知道。

J: My family and I don’t understand Vietnamese; we do not know what they are talking about at the beginning. Through the translations, they said I plead guilty, I said I did not. But I don’t if the translator had translated my words.

S:所以现场判了终身?Now you are serving a life sentence?

J:是啊,判了后那个调查员就跑,要走,我就指着她骂,我骂她为什么骗我。我根本没想过自己会判终身,我都奔溃了。怎么可能无期徒刑呢?她明明跟我说两三年啊,怎么会这样?我都晕了,我问那调查,她跑着走了。

Yes, and when I am scolding her, the investigator just run away from the court. I cried out why she tricked me? She said two or three years, but now life imprisonment. I want to ask why she lied and set me up, but she ran away.

S:那时候才知道自己被骗了?So that is the moment you know you are duped?

J:是啊,我好心痛,怎么这样被哄骗了,为什么要这样利用啊?她一直对我很好啊。为什么跟我说两年多,为什么求情书变成了认罪书?我根本就不知道。我想不清楚。

Yes, I feel so hurt, why was I tricked again, why use me again? She is nice to me, why did the intercede letter turn out to be a confession letter? Why did she tell me at most two to three years? I don’t know, I don’t understand.

 

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