(Yinchuan, Ningxia Province – November 25, 2024) Recently, Yinchuan Christian preacher Ma Yan and two other administratively detained Christians hired lawyers to file an administrative lawsuit against the Jinfeng District Branch of Yinchuan Public Security Bureau, hoping the Yinchuan Railway Transportation Court would accept the case according to law and protect citizens’ litigation rights.
On the afternoon of November 4, 2024, Ma Yan’s wife Shu Hang and another involved party accompanied the lawyer to file the case at the Yinchuan Railway Transportation Court. Court staff accepted the complaint and evidence materials on the spot, but when the lawyer requested written proof of receipt, staff refused and just told them to go home and wait for notification.
However, half a month has passed, and the Yinchuan Railway Transportation Court still hasn’t filed the case. When the parties involved and their lawyers called to inquire with court staff, they were told that the court was consulting with higher-level courts and to continue waiting for results.
Background of the police raid at the Yinchuan church gathering
On the afternoon of August 9, 2024, when Ma Yan and fewer than 10 Christians were gathering at a guesthouse in Jinfeng District, Yinchuan, they were raided by police officers from the Jinfeng District Public Security Bureau. Two brothers were administratively detained for 7 days for disturbing social order, while Ma Yan and another brother were detained for 10 days on the same charge.
On August 10, 2024, the Jinfeng District Public Security issued a 10-day administrative detention punishment decision against Ma Yan for disturbing public order, along with several others who received similar punishments.
Ma Yan was detained at the Yinchuan Detention Center from August 10 to August 20, 2024. Immediately after completing his administrative detention, Ma Yan was criminally detained by the Jinfeng District Public Security on suspicion of “organizing illegal gatherings,” and was arrested on September 26 on the same charge.
Who is Ma Yan and what is he fighting for?
The 32-year-old preacher Ma Yan is from Zhenxiong, Yunnan Province. He accepted the Christian faith while in university and was later called to serve as a house church preacher in Yinchuan, Ningxia Province.
Both Ma Yan’s wife Shu Hang and the lawyer are puzzled by the court’s evasiveness. According to Article 51 of the Administrative Procedure Law of the People’s Republic of China,
“When receiving a complaint that meets the conditions for filing a lawsuit as stipulated in this Law, the people’s court shall register and file the case. If it cannot be immediately determined whether the conditions meet this Law’s requirements, the court shall accept the complaint, issue written proof noting the date of receipt, and decide whether to file the case within seven days. If the conditions for filing are not met, a ruling not to file the case shall be made. The ruling must state the reasons for not filing. If the plaintiff disagrees with the ruling, they may appeal.”
Although Ma Yan has been arrested and detained in the detention center, he is still only a criminal suspect and retains his litigation rights. Moreover, the outcome of this administrative lawsuit could determine whether Ma Yan’s actions constitute a crime.
Other parties involved also need to protect their legal rights through administrative litigation. Regrettably, fifteen days have passed since Ma Yan and others submitted their administrative complaint to the court, yet the court has neither filed the case nor issued a ruling rejecting it.
Doesn’t this violate China’s Administrative Procedure Law and infringe upon Ma Yan and others’ litigation rights? We request the Yinchuan Railway Transportation Court to handle the case according to law and protect citizens’ litigation rights.
The defense lawyer, Mr. Yuan, stated that Christian Ma Yan, who moved from Zhenxiong, Yunnan to live in Yinchuan, Ningxia, was first administratively detained in August this year, then transferred to criminal detention, and subsequently arrested.
Now, when Ma Yan and others Christians who were administratively detained try to file an administrative lawsuit, the court is delaying the case filing. Mr. Yuan also questioned whether the court can bypass Article 51 of the Administrative Procedure Law during the investigation phase of a suspect’s case. Even if Ma Yan’s situation is special, what about the other parties involved who have no connection to the criminal case?
(By Ningmeng, Special Correspondent for ChinaAid)
