(Aksu, Xinjiang Province – October 3, 2024) Two Christians from rural area of the Aksu region of Xinjiang were arrested in August 2023 for sharing faith testimonies on WeChat Moments. They were later criminally detained by local police on charges of “utilizing superstitious sects, secret societies, or cult to undermine law enforcement” and prosecuted by the local procuratorate. The Aksu City People’s Court originally planned to hear the case on August 29, 2024. However, due to objections raised by the lawyers regarding some actions of court personnel, the public hearing was changed to a pre-trial conference on the day of the scheduled trial.
Before the pre-trial conference, the defense lawyers legally requested to copy electronic data from the judge but were refused. The judge instructed the lawyers to view and listen to the electronic data at the court. However, with the lawyers based in Chengdu and the court in Aksu, a one-way distance of thousands of kilometers, it would be extremely inconvenient for the lawyers to familiarize themselves with and remember large amounts of electronic data even after multiple trips. Lawyer Yuan believes that electronic data is crucial evidence for determining guilt and sentencing.
Lawyers must be familiar with and thoroughly understand it in advance to better conduct their defense work. Article 53 of the Criminal Procedure Law of the People’s Republic of China stipulates that defense lawyers may consult, excerpt, and copy case file materials. Article 14 of the “Provisions on Legally Safeguarding Lawyers’ Practice Rights” also stipulates that “defense lawyers may consult, excerpt, and copy case file materials of the case from the day the people’s procuratorate reviews and prosecutes the case” and “defense lawyers may copy case file materials by means of photocopying, photographing, scanning, electronic data copying, etc.” Electronic data copying is specifically mentioned here.
At the same time, according to Article 18 of the “Pre-trial Conference Regulations,” a case does not meet the conditions for a pre-trial conference if lawyers have not copied case materials. However, the judge still arranged a pre-trial conference. The lawyers objected to this, but the judge insisted on their decision. To advance the case, the two defense lawyers agreed to the time of the pre-trial conference, hoping to request copying of electronic data evidence again during the meeting. However, this reasonable request from the lawyers was still denied.
Issues with the Case
It is reported that some problems with the case were exposed during the pre-trial conference, such as:
- The court did not notify the defendants of the trial three days in advance as required by law.
- The defendants were brought from the detention center too slowly, which the judge also expressed helplessness about.
- The defendants were brought to court wearing leg shackles from the detention center, and the court police did not have keys to remove the shackles.
- The prosecutor admitted in court that signatures on supplementary investigation evidence were added and backdated later, which lawyers believe suggests possible evidence fabrication.
- Although the collegiate panel generally did not interrupt the lawyers’ speeches during the meeting, they refused the lawyers’ request to legally copy electronic data evidence on the spot.
In response to some of the court’s violations, Lawyer Yuan filed a complaint and disclosed the matter on Weibo. He said:
If lawyers’ right to access case files cannot be guaranteed, how can the case be tried fairly? Xinjiang is truly beautiful! Not only is the scenery beautiful, but the people are also warm and hospitable. At the beginning of the year, I reported problems to the People’s Procuratorate of Xinjiang Autonomous Region and received very warm, thoughtful, and professional reception. It’s unforgettable to this day. I believe what we encountered in Aksu is just an isolated case! Please, Aksu City Court, protect lawyers’ practice rights according to law. This is also to protect the beauty of Xinjiang.
The official trial date for this case is still undetermined. The Aksu court notified the lawyers that they want to hold the trial on October 17. However, Lawyer Yuan believes that the conditions for a trial have not been met because lawyers have not yet been allowed to copy key electronic data from the case.