Chinese courts concluded 50 percent fewer endangering state security (ESS) trials in 2015, according to Dui Hua\u2019s analysis <\/p>\n
Wednesday, April 06, 2016<\/p>\n
Chinese courts concluded 50 percent fewer endangering state security (ESS) trials in 2015, according to Dui Hua\u2019s analysis of data released in the annual work report of China\u2019s Supreme People\u2019s Court (SPC). Dui Hua believes the decline represents an increase in the use of non-ESS charges to prosecute political and religious activism. <\/p>\n
Dui Hua estimates that Chinese courts concluded more than 500 ESS trials of the first instance in 2015, compared with more than 1,000 ESS trials in 2014. Delivered to the National People\u2019s Congress by SPC President Zhou Qiang on March 13, 2016, the annual work report includes ESS and endangering national defense (END) crimes in a category of \u201cOther\u201d trials. The category comprised 0.06 percent of first-instance criminal trials in 2015, compared with 0.13 percent in 2014. Based on an accounting of all of the crime categories in China\u2019s Criminal Law and historical data on END trials, Dui Hua believes that the \u201cOther\u201d category is primarily populated by ESS cases\u2014according to China Law Yearbook<\/em>, only 243 END trials were concluded in 2014.<\/p>\n ESS crimes, which include subversion, inciting subversion, splittism, espionage, and state secrets violations, carry a mandatory supplemental sentence of deprivation of political rights (DPR). This sentence precludes individuals from writing articles, giving interviews, voting, standing for office, and working in a state-owned company.<\/p>\n The Xinjiang Uyghur Autonomous Region typically accounts for the largest percentage of ESS trials of any Chinese region. According to the annual work report of the Xinjiang High People’s Court, courts in the autonomous region heard approximately 100 ESS trials in 2015, down from about 300 trials per year<\/a> in 2014 and 2013. The same work report reveals that trials for the categories of crimes that cover “cults” and “terrorism” surged 35.5 percent and 25 percent respectively in 2015. Dui Hua believes that many of the trials for cult and terrorism crimes had previously been handled as ESS trials.<\/p>\n As previously reported by Dui Hua<\/a>, ESS indictments by procuratorates in 2014 rose to a record level since the criminal category was introduced in 1997: 1,411 people were indicted in 663 cases. In light of the sharp drop in ESS trials in 2015, Dui Hua expects that ESS indictments also fell by a significant margin last year. The numbers are expected to be released later this year when the 2016 China Law Yearbook<\/em> is published.<\/p>\n ESS \u201cand Other\u201d Trials<\/strong><\/p>\n Pu Zhiqiang\u2019s recent conviction is a prominent example of the uncertainty with which the justice system categorizes political activities as endangering state security. Police initially charged<\/a> Pu with the ESS crime of \u201cinciting splittism\u201d for criticizing the Chinese Communist Party (CCP) on his microblog. However,his conviction<\/a> at trial was ultimately for the non-ESS crimes of \u201cinciting ethnic hatred\u201d and \u201cpicking quarrels and provoking trouble.\u201d Although Pu was given a suspended sentence, he is not a free man\u2014he continues to serve a sentence through compulsory measures and will be subject to various regulations, the violation of which could result in his future detention.<\/p>\n Dui Hua\u2019s Political Prisoner Database (PPDB) records the names of 19 people tried for ESS crimes in 2015. Mettursun Eziz <\/a>was sentenced in May to four years in prison and three years deprivation of political rights (DPR) for inciting splittism. The Henan Nanyang Intermediate People\u2019s Court found that he used voice-messaging apps like WeChat to download a large number of \u201cextreme religious materials\u201d produced by the East Turkestan Islamic Party (ETIP). Mettursun Eziz is scheduled for release on April 2, 2018. <\/p>\n In perhaps the most widely reported ESS trial of 2015, prominent journalist Gao Yu (\u9ad8\u745c) was sentenced to seven years in prison<\/a> for leaking state secrets in April. Observers have attributed the charges to the leaking of \u201cDocument Number 9,\u201d an internal CCP manifesto that rails against democracy, civil society, and universal values like human rights. In November, the Beijing High People\u2019s Court reduced Gao\u2019s sentence<\/a> to a five-year term and allowed the 71-year-old to serve the remainder of her term outside prison.<\/p>\n