The prosecution of naturalised American citizen Xue Feng, which concluded last month, is a vivid reminder that China's abuses of criminal justice can reach even those who steer clear of politics and human rights. Xue, a petroleum expert and businessman, was detained by China's secret police in November 2007 after assisting his employer, a prominent American oil consulting firm, in purchasing a commercial database of Chinese oil wells.
Although the US-China consular agreement required China to notify the US of his detention within four days, notification only occurred after three weeks of US diplomatic pressure. That treaty violation led to another - the failure to permit an American official prompt access to Xue. That meant over a month of incommunicado detention before a consul could advise him. Moreover, their meeting was monitored, and they were not allowed to discuss the case!
Subsequent consular visits revealed that Xue had been tortured when he refused to confess to the crimes of 'gathering intelligence' and 'unlawfully sending abroad state secrets'. Xue displayed cigarette burns on his arms and later recounted an incident when an angry interrogator hit him in the head with a glass ashtray, plain violations of both domestic law and China's commitments under the UN Convention Against Torture. Under physical and psychological pressure, Xue finally signed some false statements.
Officials violated Xue's rights in other ways as well. The secret police illegally extended the length of Xue's detention by not obtaining the prosecution's timely approval of his formal arrest. Post-arrest investigation dragged on endlessly.
When the police finally recommended indictment, prosecutors - dissatisfied with the evidence - twice sent the case back to the police for further investigation, as legally permitted, but then exceeded their own time limit before deciding to indict Xue. The first instance court also delayed its judgment in the case so long that it stopped offering legal justifications.
Because the police claimed that the case involved 'state secrets', the Criminal Procedure Law authorised them to deny Xue access to a lawyer until they completed their investigation. Thus, Xue waited over a year after being detained before consulting counsel.
Defence lawyers are monitored and restricted when meeting clients. Also, they are not given sufficient advance knowledge of the prosecution's case to prepare a proper defence. And many find it difficult and even dangerous to conduct their own investigation, since lawyers who prove too vigorous in finding witnesses may face prosecution for promoting perjury.
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