\80\ Jamil Anderlini, ``Punished Supplicants,'' Financial Times
(Online), 6 March 09; Human Rights Watch (Online), ``An Alleyway in
Hell,'' 12 November 09, 3. According to the Human Rights Watch report,
``The majority of black jail detainees are petitioners--citizens from
rural areas who come to Beijing and provincial capitals seeking redress
for abuses ranging from illegal land grabs and corruption to police
torture.''
\81\ Jamil Anderlini, ``Punished Supplicants,'' Financial Times
(Online), 6 March 09.
\82\ Zhou Yongkang, ``Promote the In-Depth Resolution of Social
Contradictions, Be Innovative in Social Management, and Enforce the Law
Fairly and Honestly, Providing Even More Powerful Rule-of-Law Support
for Both Good and Rapid Economic and Social Development'' [Shenru
tuijin shehui maodun huajie, shehui guanli chuangxin, gongzheng lianjie
zhifa, wei jingji shehui youhao youkuai fazhan tigong gengjia youli de
fazhi baozhang], Seeking Truth (Online), 16 February 10.
\83\ Ibid. ``The center of gravity in the effort to resolve social
contradictions is at the grass-roots level. . . . [The] villages and
towns (neighborhoods) must integrate their forces with regard to . . .
upholding stability, complaints, etc., . . . and striving to see that
`minor matters do not get out of the villages, major matters do not get
out of the towns (or townships), and that contradictions are not passed
up to higher levels.' ''
\84\ ``78% of Grassroots Courts Have Case Petitioning Offices,''
People's Daily (Online), 4 November 09.
\85\ ``New Focus of Efforts To Maintain Stability Strike Hard
Against Unions, Farmers, and Military [Internal Three Forces]'' [Weiwen
xin zhongdian daji gong nong bing (nei sangu shili)], Ming Pao, 13
March 10 (Open Source Center, 13 March 10). The other two threats are
military personnel rights protection groups and underground labor
unions.
\86\ ``Central Document Reveals: Reprimands of Petitioners Will Be
Intensified'' [Zhongyang wenjian baoguang: dui fangmin yao jiada xunjie
lidu], Boxun (Online), 16 August 09. The Boxun article revealed that,
in May 2009, the Central Prominent Xinfang Problems and Mass Incidents
Joint Conference Office issued a circular urging relevant official
offices to strengthen implementation of a 2008 opinion mandating
increasing admonishments ``according to law'' for ``abnormal
petitioning.''
\87\ ``Shenzhen Authorities Issue Circular Outlining Punishments
for `Abnormal Petitioning,' '' CECC China Human Rights and Rule of Law
Update, No. 2, 5 February 10, 2; Huang Guan, ``Handling `Abnormal
Petitioning,' Persuade, Do Not Just Block'' [Duidai ``feizhengchang
shangfang,'' zaishu buzai du], Xinhua (Online), 13 November 09.
\88\ Ibid.
\89\ ``Shenzhen Expands Measures Against `Abnormal Petitioning,' ''
CECC China Human Rights and Rule of Law Update, No. 5, 4 June 10, 3.
For examples of measures issued in other cities and provinces, see,
e.g., ``A Government Document Clearly Shows the Basis for Stern
Approach Toward Petitioners: Inner Mongolia Document'' [Dui fangmin
yanli youyin, zhengfu wenjian mingshi: neimenggu wenjian], Boxun
(Online), 13 November 09; ``Jiangsu Province Four Departments Take
Stage With Secret Document Cracking Down on Petitioners Who Take
Grievances to Beijing'' [Jiangsusheng sibumen chutai mimi wenjian yanda
jinjing shangfang], Boxun (Online), 14 January 09; ``Wuhan `Manage
According to Law Abnormal Petitioning Behavior in Beijing Propaganda
Statement' Revealed'' [Wuhan ``yifa chuzhi jin jing fei zhengchang
shangfang xing wei xuanchuan ci'' puguang], Boxun (Online), 20 July 08.
\90\ ``Shenzhen Expands Measures Against `Abnormal Petitioning,' ''
CECC China Human Rights and Rule of Law Update, No. 5, 4 June 10, 3;
``Shenzhen Residential Permit Office: Habitual Petitioners Added to
Blacklist'' [Shenzhen ban juzaizheng chaoji shangfangzhe bei lieru
heimingdan], Radio Free Asia (Online), 18 April 10.
\91\ Wang Junxiu et al., ``Petitioner Who Went to Higher-Level
Authorities Detained Files Administrative Suit Against Police Station
for Illegal Detention'' [Shangfangzhe beiju zhuanggao gonganju
xingzheng weifa], China Youth Daily, 14 November 09 (Open Source
Center, 14 November 09).
\92\ He Xianwen, Chinese Human Rights Defenders (Online),
``Liuzhou, Guangxi Petitioners Sent to One Year Reeducation Through
Labor for Petitioning'' [Guangxi liuzhou wu fangmin yin shangfang bei
liaojiao yinian], 24 January 10; Lei Mingxian, Chinese Human Rights
Defenders (Online), ``Liuzhou Petitioner Series (9): Zeng Zhaokuang
Sent to Reeducation Through Labor for Petitioning in Beijing'' [Liuzhou
fangmin xilie (9): zeng zhaokuang yin shangfang bei laojiao], 24
February 10; Lei Mingxian, Chinese Human Rights Defenders (Online),
``Liuzhou Petitioner Series (8) Petitioner Jin Li Sent to Reeducation
Through Labor for One Year'' [Liuzhou fangmin xilie (8) fangmin jinli
bei laojiao yinian], 10 February 10; Lei Mingxian, Chinese Human Rights
Defenders (Online), ``Liuzhou Petitioner Series (7) Misdiagnosis and
Missed Diagnosis Results in Patient's Death'' [Liuzhou fangmin xilie
(7) wuzhen louzhen zhizhe siwang], 10 February 10.
\93\ Yueyang County Measures on 2010 Xinfang Work Responsibility
Target Evaluation [2010 nian xinfang gongzuo mubiao guanli kaohe
banfa], 6 April 10. Officials in Yueyang have partial points deducted
if there is more than one petition per 10,000 population per month and
have 10 points deducted any time mass petitions are taken to Beijing.
Human Rights Watch (Online), ``An Alleyway in Hell,'' 12 November 09,
9.
\94\ Carl Minzner, ``Xinfang: An Alternative to Formal Chinese
Legal Institutions,'' 42 Stanford Journal of International Law 103, 154
(2006); Human Rights Watch (Online), ``An Alleyway in Hell,'' 12
November 09, 9.
\95\ ``Families of 200 Students Killed in Sichuan Earthquake Storm
City Government, Blocked by Special Police'' [Chuan zhen liang bai li
nan xuesheng jiashu chuang shi zhengfu bei tejing zuzhi], Radio Free
Asia (Online), 25 June 10.
\96\ Ibid.
\97\ ``Retribution for Representatives Who Organized Teachers To
Kneel and Present Petitions in Hubei'' [Hubei zuzhi min shi xia gui
qingyuan daibiao zao qiu hou suan zhang], Radio Free Asia (Online), 25
June 10.
\98\ Liu Feiyue, Civil Rights and Livelihood, ``Gongan County,
Hubei Organizer Yang Huanqing Sent to Reeducation Through Labor for
Organizing Teachers To Petition'' [Hubei sheng gongan xian yang
huanqing bei yi zuzhi minshi shangfang laojiao], reprinted in Chinese
Human Rights Defenders (Online), 28 November 09.
\99\ Tania Branigan, ``Shanghai 2010 Expo Is Set To Be the World's
Most Expensive Party,'' Guardian (Online), 21 April 10.
\100\ According to Chinese Human Rights Defenders, Shanghai
officials estimate that ``70-80 percent'' of petitioning cases
originating in the city are related to forced evictions or housing
demolitions. See Tania Branigan, ``Shanghai 2010 Expo Is Set To Be the
World's Most Expensive Party,'' Guardian (Online), 21 April 10; Amnesty
International (Online), ``China Silences Women Housing Rights Activists
Ahead of Expo 2010,'' 30 April 10; Chinese Human Rights Defenders
(Online), ``Chinese Government Silences Activists Ahead of Shanghai
World Expo,'' 29 April 10.
\101\ ``China's Forced Evictions Cause Instability,'' Reuters
(Online), 28 March 10; Amnesty International (Online), ``China Silences
Women Housing Rights Activists Ahead of Expo 2010,'' 30 April 10;
Chinese Human Rights Defenders (Online), ``Chinese Government Silences
Activists Ahead of Shanghai World Expo,'' 29 April 10.
\102\ Chinese Human Rights Defenders (Online), ``China Human Rights
Briefing Weekly June 8-14, 2010,'' 15 June 10.
\103\ Article 9 of the Universal Declaration of Human Rights
prohibits ``arbitrary arrest (and) detention'' and guarantees ``full
equality to a fair and public hearing by an independent impartial
tribunal.'' Universal Declaration of Human Rights, adopted and
proclaimed by UN General Assembly resolution 217A (III) of 10 December
48, art. 9. Article 37 of the PRC Constitution stipulates that arrests
must be conducted ``with the approval or by decision of a people's
procuratorate or by decision of a people's court, and arrests must be
made by a public security organ. Unlawful deprivation or restriction of
citizens' freedom of person by detention or other means is prohibited;
and unlawful search of the person of citizens is prohibited.'' PRC
Constitution, adopted 4 December 82, amended 12 April 88, 29 March 93,
15 March 99, 14 March 04, art. 4.
\104\ ``Veteran Starved in Black Jail,'' Radio Free Asia, reprinted
in Agence France-Presse (Online), 11 June 10.
\105\ Qi Wuji, Chinese Human Rights Defenders (Online), ``Beijing
Activist Li Jinping Detained in Black Jail'' [Beijing weiquan renshi li
jinping beiguan heijianyu], 10 May 10; Chinese Human Rights Defenders
(Online), ``China Human Rights Briefing May 4-10, 2010,'' 11 May 10.
\106\ Hu Guohong reported being detained in mental hospitals on
multiple occasions during politically sensitive dates in China.
``British Journalist Detained in Wuhan, Interviewee Doesn't Dare Return
Home'' [Yingmei jizhe wuhan caifang bei kou bei fangzhe bugan huijia],
Radio Free Asia (Online), 2 December 09. Peng Baoquan was committed to
a mental hospital for several days after he was detained for taking
pictures of a petitioner protest. ``The Truth Behind Petitioning,
Taking Pictures and Being Labeled as `Mentally Ill' '' [Shangfang,
paizhao, ``bei jingshenbin'' de zhenxiang], Huangqiu Net (Online), 28
April 10; ``Shiyan `Psychiatric Patient' Discusses Before and After the
Hospital, Hopes To Take Off the [Mental Illness] Hat'' [Shiyan
``jingshenbingren'' jianshu ruyuan qianhou xiwang zhaidiao ``maozi''],
Nanfang Daily Net (Online), 17 April 10. Yang Jia's mother, Wang
Jingmei, reportedly was detained in a mental institution in Beijing for
months while authorities investigated and interrogated her son.
``Sending Petitioners to Psychiatric Hospitals Is One Way To Pressure
Them'' [Song jingshenbingyuan shi daya fangmin de yizhong fangshi],
Radio Free Asia (Online), 15 February 10. For a case of a petitioner
being committed for a longer period of time, see Wang Yibo, ``Suit
Against the Township Government; Luohe Peasant Locked in Psychiatric
Hospital for Six-and-a-Half Years'' [Zhuang gao xiang zhengfu luohe yi
nongmin bei guan jingshen bing yuan liunian ban], China Youth Daily
(Online), 23 April 10; ``Nation Rapt by Detained Petitioner's Story,''
South China Morning Post (Online), 22 May 10.
\107\ Wang Yibo, ``Suit Against the Township Government; Luohe
Peasant Locked in Psychiatric Hospital for Six-and-a-Half Years''
[Zhuang gao xiang zhengfu luohe yi nongmin bei guan jingshen bing yuan
liunian ban], China Youth Daily (Online), 23 April 10; Wang Yibo,
``Henan Luohe Villager Sued Township Government for Being Locked in
Psychiatric Hospital Six-and-a-Half Years'' [Henan Luohe nongmin
zhuanggao xiang zhengfu beiguan jingshenbingyuan 6 nianban], Xinhua
(Online), 23 April 10.
\108\ ``Hundreds of Lawyers Sign Proposal for Prosecution To Stop
False `Mentally Ill' Judgements'' [Baiyu lushi qianming jianyi jiancha
jiguan daji ``jingshenbing'' zaojia], Xinhua (Online), 27 April 10.
\109\ ``Sending Petitioners to Psychiatric Hospitals Is One Way To
Pressure Them'' [Song jingshenbingyuan shi daya fangmin de yizhong
fangshi], Radio Free Asia (Online), 15 February 10; Chinese Human
Rights Defenders (Online), ``Silencing Complaints: Human Rights Abuses
Against Petitioners in China,'' 14 March 09. This report presents
findings from a previous survey of more than 3,300 petitioners in
October 2007 that asserts approximately 3.1 percent of them had been
sent to psychiatric institutions at some point because of their
petitioning activities.
Notes to Section IV--Xinjiang
\1\ For detailed information, including information on China's
domestic obligations toward ethnic minorities, see Section II--Ethnic
Minority Rights, as well as the section on ``Ethnic Minority Rights''
in CECC, 2007 Annual Report, 10 October 07, 105-106, and ``Special
Focus for 2005: China's Minorities and Government Implementation of the
Regional Ethnic Autonomy Law,'' CECC, 2005 Annual Report, 11 October
05, 13-23.
\2\ See the subsections that follow, as well as Section II--Freedom
of Religion--Islam--Islam in the Xinjiang Uyghur Autonomous Region--for
examples of violations of such rights as those to free expression,
assembly, religion, and fair criminal trials and the linguistic,
religious, and cultural rights of ethnic minorities. For protections in
international law, see, e.g., Universal Declaration of Human Rights,
adopted and proclaimed by UN General Assembly resolution 217A (III) of
10 December 48, arts. 11, 18, 19, 20; International Covenant on Civil
and Political Rights, adopted by UN General Assembly resolution 2200A
(XXI) of 16 December 66, entry into force 23 March 76, arts. 9, 18, 19,
21, 27. For detailed information, see also Section II--Ethnic Minority
Rights, as well as the section on ``Ethnic Minority Rights'' in CECC,
2007 Annual Report, 10 October 07, 105-108, and ``Special Focus for
2005: China's Minorities and Government Implementation of the Regional
Ethnic Autonomy Law,'' CECC, 2005 Annual Report, 11 October 05, 13-23.
\3\ See, e.g., ``Hu Jintao's Important Speech Delivered at the
Xinjiang Uyghur Autonomous Region Cadre Meeting'' [Hu jintao zai
xinjiang weiwu'er zizhiqu ganbu dahui shang fabiao zhongyao jianghua],
Xinhua (Online), 25 August 09; Cheng Lixin, Wang Xinhong, and Li Hua,
``Eighth (Enlarged) Plenary Session of Seventh Regional CPC Committee
Calls for Unifying Thinking, Enhancing Understanding, Firming Up
Confidence, and Clearing Away Difficulties To Forge Ahead,'' Xinjiang
Daily, 25 October 09 (Open Source Center, 20 November 09);
``Painstakingly Prepare for Central Work Forum on Xinjiang'' [Jingxin
choubei zhongyang xinjiang gongzuo zuotanhui], Xinhua, reprinted in
Tianshan Net (Online), 28 January 10; ``Government Work Report Made by
Nur Bekri (Summary)'' [Nu'er baikeli suo zuo zhengfu gongzuo baogao
(zhaiyao)], Xinjiang Daily, reprinted in China Xinjiang (Online), 13
January 10.
\4\ ``Main Restructuring of Duties for Leading Comrades in Xinjiang
Uyghur Autonomous Region Party Committee'' [Xinjiang weiwu'er zizhiqu
dangwei zhuyao lingdao tongzhi zhiwu tiaozheng], Xinhua (Online), 24
April 10.
\5\ Cheng Lixin, ``Zhang Chunxian Stresses: Stability Is the
Expectation of People of All Ethnicities'' [Zhang chunxian qiangdiao:
wending shi ge zu renmin de qipan], Xinjiang Metropolitan News,
reprinted in China Xinjiang (Online), 7 May 10. On past statements,
see, e.g., CECC, 2009 Annual Report, 10 October 09, 245.
\6\ See box titled Free Expression Punished in Xinjiang for
information on cases of people detained on security-related charges for
criticizing the government or otherwise exercising their right to free
expression. For information on efforts to politicize security concerns
and single out Western human rights organizations and advocates in the
aftermath of events in July 2009, see, e.g., CECC, 2009 Annual Report,
10 October 09, 245-248.
\7\ Cui Jia, ``Xinjiang Security Funding Increased by 90 Percent,''
China Daily (Online), 13 January 10; Su Junya, ``40.6 Billion in
Financing Budgeted for Projects To Protect People's Livelihoods''
[Xinjiang 406 yi caizheng yusuan bao minsheng gongcheng], Tianshan Net
(Online), 14 January 10; Han Xiaoyi, Huang Yan, and Zhang Xinjun, ``3rd
Session of 11th Xinjiang Autonomous Region People's Congress
Concludes'' [Xinjiang zizhiqu shiyi jie renda sanci huiyi bimu],
Tianshan Net, reprinted in China Xinjiang (Online), 17 January 10.
\8\ Compare the most recent version of the Xinjiang Uyghur
Autonomous Region Regulation on the Comprehensive Management of Social
Order [Xinjiang weiwu'er zizhiqu shehui zhi'an zonghe zhili tiaoli],
issued 21 January 94, amended 11 December 97 and 29 December 09,
effective 1 February 10, arts. 5, 11, 16, 25, 31, 42, to the 1997
version of the Xinjiang Uyghur Autonomous Region Regulation on the
Comprehensive Management of Social Order [Xinjiang weiwu'er zizhiqu
shehui zhi'an zonghe zhili tiaoli], issued 21 January 94, amended 11
December 97, effective 11 December 97. For a detailed comparison
between the two versions, see ``Revised Regulation From Xinjiang Places
New Emphasis on State Security,'' CECC China Human Rights and Rule of
Law Update, No. 3, 16 March 10, 3.
\9\ For examples of such cases, see, e.g., ``Number of Trials for
State Security Crimes in Xinjiang Increases in 2009,'' CECC China Human
Rights and Rule of Law Update, No. 2, 5 February 10, 3.
\10\ For a detailed comparison between the XUAR regulation and
other provincial-level regulations, see ``Revised Regulation From
Xinjiang Places New Emphasis on State Security,'' CECC China Human
Rights and Rule of Law Update, No. 3, 16 March 10, 3.
\11\ ``Xinjiang Beefs Up Special Police Unit for Safety,'' Xinhua
(Online), 3 February 10.
\12\ ``At End of This Year Video Cameras in Urumqi Proper To Reach
60,000'' [Jinnianmo wulumuqi chengqu shipin shexiang tou jiang dadao 6
wan zhi], China News Service (Online), 15 January 09.
\13\ ``Urumqi To Establish 10,000 Person Full-Time Patrol Team''
[Wulumuqi shi jiang jian wan ren zhuanzhi xunluodui], Xinjiang Daily,
reprinted in China Xinjiang (Online), 24 September 09.
\14\ ``Urumqi Public Security Organs Deploy Special Social Order
Prevention and Control Operation'' [Wu shi gong'an jiguan bushu zhi'an
fangkong zhuanxiang xingdong], Xinjiang Daily (Online), 18 June 10.
\15\ Li Xing, ``Wang Lequan Speaks at Meeting To Summarize, Commend
Stability Maintenance Work in the Autonomous Region, Stresses Need To
Consolidate and Expand Further What Has Been Achieved,'' Xinjiang
Daily, 9 February 10 (Open Source Center, 25 February 10).
\16\ Based on Commission search of legal databases in China.
\17\ See, e.g., Xinjiang Uyghur Autonomous Region Regulation on
Ethnic Unity Education [Xinjiang weiwu'er zizhiqu minzu tuanjie jiaoyu
tiaoli], issued 29 December 09, effective 1 February 10, arts. 12, 18,
22. For detailed analysis of the regulation, see `` `Ethnic Unity'
Regulation Imposes Party Policy, Restricts Free Expression,'' CECC
China Human Rights and Rule of Law Update, No. 3, 16 March 10, 2.
\18\ Ibid., art. 37.
\19\ ``Those Who Fabricate and Spread Harmful Information Will Be
Severely Punished in Accordance With Law'' [Bianzao chuanbo youhai
xinxizhe jiang yifa yancheng], Urumqi Online, reprinted in Xinhua
(Online), 26 January 10; ``Public Security Organs at All Levels in
Xinjiang Strike Hard Against Cases of Fabricating and Intentionally
Spreading Harmful Information'' [Xinjiang geji gongan jiguan yanli daji
bianzao guyi chuanbo youhai xinxi anjian], Tianshan Net (Online), 7
February 10.
\20\ See, e.g., ``Xinjiang To Strengthen Education on National
Unity Among Youth,'' Xinhua (Online), 12 October 09; ``Xinjiang Normal
University Uses Various Means To Launch Ethnic Unity Education, Over
10,000 Students and Staff Participate in the Studies'' [Xinjiang shida
duozhong jucuo kaizhan minzu tuanjie jiaoyu wan yu xuesheng zhigong
canjia xuexi], Legal Daily, reprinted in State Ethnic Affairs
Commission (Online), 15 October 09; Wang Fei, ``Content on Ethnic Unity
Education Brought Into Next Year's High School Entrance Exams'' [Minzu
tuanjie jiaoyu neirong mingnian naru wulumuqi zhongkao], Xinhua
(Online), 21 October 09.
\21\ See analysis in ``Xinjiang Authorities Continue Detentions,
Announce Arrests Connected to July 5 Incident,'' CECC China Human
Rights and Rule of Law Update, No. 5, 2009, 2.
\22\ See, e.g., Andrew Jacobs, ``Countering Riots, China Rounds Up
Hundreds,'' New York Times (Online), 19 July 09; David Eimer, ``As
China Reels From 184 Deaths in Urumqi Riots, a Beaten Woman Fears for
Her Husband,'' Telegraph (Online), 11 July 09; ``Tight Security in
Xinjiang,'' Radio Free Asia (Online), 6 July 09; Kathrin Hille,
``Xinjiang Widens Crackdown on Uighurs,'' Financial Times (Online), 19
July 09. See also analysis in ``Xinjiang Authorities Continue
Detentions, Announce Arrests Connected to July 5 Incident,'' CECC China
Human Rights and Rule of Law Update, No. 5, 2009, 2.
\23\ Ibid.
\24\ Human Rights Watch (Online), `` `We Are Afraid To Even Look
for Them': Enforced Disappearances in the Wake of Xinjiang's
Protests,'' October 2009, 5.
\25\ Uyghur Human Rights Project (Online), ``Can Anyone Hear Us?
Voices From the 2009 Unrest in Urumqi,'' 1 July 10, 28-30.
\26\ ``Xinjiang High People's Court Establishes Leading Group for
Trying `7-5' Cases'' [Xinjiang gaoyuan chengli shenli ``7-5'' anjian
lingdao xiaozu], Legal Daily, reprinted in Gansu Daily (Online), 16
July 09.
\27\ ``Xinjiang Completed Trials Last Year in 437 Cases of
Endangering State Security'' [Xinjiang qunian shenjie weihai guojia
anquan fanzui anjian 437 qi], Xinhua (Online), 15 January 09.
\28\ Beijing Judicial Bureau Lawyer Work Management Division
(Online), ``Beijing Judicial Bureau Lawyer Work Management Division's
Urgent Notice Regarding Requiring All Lawyers in the City To Be
Cautious in Offering Legal Services in the Urumqi `July 5' Beating,
Smashing, Looting, and Burning Serious Violent Criminal Incident''
[Beijing shi sifaju lushi gongzuo guanlichu guanyu yaoqiu quanshi lushi
shenzhong wei wulumuqi shi `7.5' da za qiang shao yanzhong baoli fanzui
shijian tigong falu fuwu de jinji tongzhi], 8 July 09; ``Xinjiang
Lawyers Indicate All Legal Arrangements in Relation to July 5 Incident
Will Be Made by Authorities'' [Xinjiang lushi zhi 7.5 shijian xiangguan
susong you guanfang tongyi anpai], Radio Free Asia (Online), 14 July
09; China Human Rights Lawyers Concern Group (Online), ``Concern over
Mainland Lawyers' Freedom To Legal Practice [sic] on Urumqi Protest
Cases,'' 15 July 09. See also ``Defense Attorneys Free for Riot
Suspects,'' Global Times (Online), 24 July 09. Following the first set
of trials in October, Li Fangping, a human rights lawyer in Beijing,
said he was not aware of any Beijing lawyers who were representing
defendants in the Xinjiang trials. ``China's Xinjiang Trials Fail
Global Standards: Rights Group,'' Agence France-Presse, reprinted in
Yahoo! (Online), 16 October 09.
\29\ Amnesty International (Online), ``China: Authorities Widen
Crackdown After Xinjiang Riots,'' 10 July 09.
\30\ Journalists present at one day of the trials, cited in a
December 23 article from the Australian, said that authorities told
them ``not to write detailed reports or conduct their own
investigations into the murders or the accused,'' according to a
paraphrasing of their remarks. The journalists also said they were
notified of the trials less than one day in advance, according to the
article. Michael Sainsbury, ``More Uighurs Sentenced to Death in
China,'' Australian (Online), 23 December 09. On criminal procedure,
see PRC Criminal Procedure Law, enacted 1 July 79, amended 17 March 96,
effective 1 January 97, art. 151(5).
\31\ Michael Sainsbury, ``More Uighurs Sentenced to Death in
China,'' Australian (Online), 23 December 09.
\32\ On failure to publicize judgments in the trials, see the
analysis in ``198 People in Xinjiang Reportedly Sentenced in Trials
Marked by Lack of Transparency,'' CECC China Human Rights and Rule of
Law Update, No. 4, 21 April 10, 2. On criminal procedure, see PRC
Criminal Procedure Law, enacted 1 July 79, amended 17 March 96,
effective 1 January 97, art. 163.
\33\ ``Xinjiang Official Stresses Fighting Separatism, Says 198
Sentenced for Deadly Riot,'' Xinhua (Online), 7 March 10; ``198 People
in 97 Cases Already Tried and Sentenced in Urumqi `7-5' Incident''
[Wulumuqi ``7-5'' shijian yi shenli xuanpan 97 an 198 ren], Xinhua
(Online), 7 March 10. See analysis in ``198 People in Xinjiang
Reportedly Sentenced in Trials Marked by Lack of Transparency,'' CECC
China Human Rights and Rule of Law Update, No. 4, 21 April 10, 2.
\34\ Information in this table is based on CECC analysis of Chinese
media reports on the Internet and on PDFs of hard copy articles from
the Xinjiang Daily made available through Open Source Center. See ``198
People in Xinjiang Reportedly Sentenced in Trials Marked by Lack of
Transparency,'' CECC China Human Rights and Rule of Law Update, No. 4,
21 April 10, 2.
\35\ ``Xinjiang Completed Trials Last Year in 437 Cases of
Endangering State Security'' [Xinjiang qunian shenjie weihai guojia
anquan fanzui anjian 437 qi], Xinhua (Online), 15 January 09; Cui Jia,
``Xinjiang Courts Handle Rising Security Cases,'' China Daily (Online),
16 January 09. For additional background and analysis, see ``Number of
Trials for State Security Crimes in Xinjiang Increases in 2009,'' CECC
China Human Rights and Rule of Law Update, No. 2, 5 February 10, 3.
\36\ For information on the 2008 statistics, see ``State Security
Cases From Xinjiang Appear To Surge in 2008,'' CECC China Human Rights
and Rule of Law Update, No. 1, 2009, 3.
\37\ See generally analysis of the July trials, including
information on the charges involved, in ``198 People in Xinjiang
Reportedly Sentenced in Trials Marked by Lack of Transparency,'' CECC
China Human Rights and Rule of Law Update, No. 4, 21 April 10, 2. For
Chinese reporting on the trials, including information on charges
involved, see, e.g., ``Judgment Pronounced in Three Cases in Urumqi
Incident of Serious Violent Crimes of Beating, Smashing. Looting, and
Burning'' [Wulumuqi da za qiang shao yanzhong baoli fanzui shijian san
anjian yishen xuanpan], Xinhua (Online), 12 October 09; Rena Wubuli,
``Urumqi Openly Tries Three Cases of Serious Violent Crimes of Beating,
Smashing, Looting, and Burning'' [Wulumuqi gongkai shenli sanqi da za
qiang shao yanzhong baoli fanzui anjian], Xinjiang Daily, reprinted in
Xinhua (Online), 15 October 09; ``Urumqi Intermediate Court Openly
Tries and Pronounces Judgment in Five Serious Violent Criminal Cases of
Beating, Smashing, Looting, and Burning'' [Wulumuqi zhongyuan gongkai
shenli xuanpan wu qi da za qiang shao yanzhong baoli fanzui anjian],
Xinhua (Online), 3 December 09; ``Urumqi Intermediate Court Again
Openly Tries and Pronounces Judgment in Five Serious Violent Criminal
Cases of Beating, Smashing, Looting, and Burning'' [Wulumuqi zhongyuan
you gongkai shenli xuanpan wu qi da za qiang shao yanzhong baoli fanzui
anjian], Xinhua (Online), 4 December 09; Cao Huijuan, ``Urumqi
Intermediate Court Publicly Pronounces Judgment in Five Serious Violent
Criminal Cases'' [Wulumuqi zhongyuan gongkai xuanpan wu qi yanzhong
baoli fanzui anjian], Xinjiang Daily, reprinted in Xinjiang Bingtuan
Net (Online), 24 December 09.
\38\ As discussed in this section, it appears likely that not all
trials related to July 2009 events were reported in the media, meaning
some trials related to alleged crimes committed in July 2009 could have
involved state security crimes but were not publicized. It is also
possible that the number of trials connected in some way to events in
July 2009 exceeds the number officially categorized as related to the
July events and publicized as such.
\39\ See, e.g., CECC, 2008 Annual Report, 31 October 08, 168-171;
CECC, 2009 Annual Report, 10 October 2009, 243-248.
\40\ ``Official: Internet Cut in Xinjiang To Prevent Riot From
Spreading,'' Xinhua (Online), 7 July 09.
\41\ Xinjiang Uyghur Autonomous Region People's Government News
Office, ``Announcement Concerning Progressive Opening of Related
Communications Service [Guanyu zhubu kaifang xiangguan tongxin yewu de
gonggao], 28 December 09, reprinted in Xinhua Bingtuan Net (Online), 29
December 09.
\42\ See, e.g., ``Urumqi Tense, Quiet After Violence,'' Radio Free
Asia (Online), 5 July 09; Cui Jia, ``More Web Sites Back Online in
Xinjiang,'' China Daily (Online), 8 February 10. For additional
analysis, see ``Xinjiang Authorities Forcefully Suppress Demonstration,
Restrict Free Flow of Information,'' CECC China Human Rights and Rule
of Law Update, No. 4, 2009, 2.
\43\ International Covenant on Civil and Political Rights (ICCPR),
adopted by UN General Assembly resolution 2200A (XXI) of 16 December
66, entry into force 23 March 76, art. 19.
\44\ Xinjiang Uyghur Autonomous Region People's Government News
Office, ``Announcement Concerning Progressive Opening of Related
Communications Service [Guanyu zhubu kaifang xiangguan tongxin yewu de
gonggao], 28 December 09, reprinted in Xinhua Bingtuan Net (Online), 29
December 09; Cui Jia, ``SMS Returns to Xinjiang,'' China Daily
(Online), 18 January 10; ``China Lifts Ban on International Calls in
Xinjiang,'' Agence France-Presse, 20 January 10 (Open Source Center, 20
January 10); ``Across China: Xinjiang,'' China Daily (Online), 10
February 10; ``Nur Bekri: All Commercial Web Sites in Xinjiang Already
Fully Open'' [Nu'er baikeli: xinjiang suoyou shangye wangzhan yi quanbu
kaifang], Xinhua (Online), 7 March 10.
\45\ Xinjiang News Office, ``Xinjiang Internet Services Completely
Resumed on the 14th'' [Xinjiang hulianwang yewu 14 ri quanmian huifu],
reprinted in Xinhua (Online), 14 May 10.
\46\ See, e.g., ``Xinjiang Online, Controls Remain,'' Radio Free
Asia (Online), 19 May 10; Reporters Without Borders (Online), ``Open
Letter to the [sic] Xinjiang's Party Secretary,'' 20 May 10.
\47\ ``Xinjiang Strictly Limits Outside Information, Prohibits
Online Discussion of July 5'' [Xinjiang yankong jingwai xinxi jinzhi
wangluo tanlun qi wu], Radio Free Asia (Online), 22 June 10; ``Close to
Riot Anniversary, Heavy Forces in Urumqi `Strike Hard' '' [Linjian
saoluan zhounian wulumuqi zhongbing ``yanda''], Ming Pao, reprinted in
Yahoo! (Online), 19 June 10; ``Xinjiang Authorities Prohibit Public
From Accepting Interviews With Foreign Media Without Authorization''
[Xinjiang dangju jinzhi minzhong shanzi jieshou wai mei caifang], Radio
Free Asia (Online), 15 June 10; China's Far West: Conditions in
Xinjiang One Year After Demonstrations and Riots, Staff Roundtable of
the Congressional-Executive Commission on China, 19 July 10, Written
Statement Submitted by Kathleen E. McLaughlin, China Correspondent for
BNA, Inc., and Freelance Journalist.
\48\ Xinjiang Uyghur Autonomous Region Informatization Promotion
Regulation [Xinjiang weiwu'er zizhiqu xinxihua cujin tiaoli], issued 25
September 09, effective 1 December 09, art. 40. See additional analysis
in ``Xinjiang Government Issues Internet Regulation, Keeps Strict
Controls on Information,'' CECC China Human Rights and Rule of Law
Update, No. 6, 9 December 09, 3-4.
\49\ For a comparison of the XUAR regulation to regulations
elsewhere in China, see ``Xinjiang Government Issues Internet
Regulation, Keeps Strict Controls on Information,'' CECC China Human
Rights and Rule of Law Update, No. 6, 9 December 09, 3-4.
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