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Surprise Release: Beijing to drop all charges again Zhao Yan
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News and Politics :: Sino-American :: Human rights and personal freedoms :: News and Perspectives ::
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posted Friday, 17 March 2006
In a surprising turn of events, it has been announced that Beijing is to release jailed dissident, and former New York Times employee, Zhao Yan, who has been in custody since 2004 under charges that he revealed Chinese state secrets to his US based employer.
According to his legal representatives, the Chinese government has agreed to drop all charges against Zhao, and is set to release him from custody later this month once the formalities and paperwork have been dealt with.
| "[We] applied to withdraw the charges and the Beijing court agreed." Mo Shaoping, attorney to Zhao Yan |
A Closed System
The current lack of transparency within the Chinese legal system makes the exact reason for Zhao's release unclear, though it has been widely speculated that it may be connected to fears that the US might 'make a fuss' over China's human rights record, during President Hu Jintao's forthcoming visit to Washington, scheduled for April.
| "One reason for his release was that the accusations were simply unsustainable. But more important was pressure from the United States government, especially with Hu Jintao going there," Yu Meisun, Legal expert and Jailed Dissident |
Back-Story
Zhao, an employee of the New York, was originally detained in the city of Shanghai on 17 September 2004. It took Beijing four day to notify his family that he was in custody.
| "We are seeking clarification of his status, and expressing our concern for his welfare, and underscoring our view that the role of a free press is critical in providing information to build a strong civil society" Adam Ereli, Deputy Spokesman (September 2004) |
Even after notification of his detention was given, state officials refused to provide specific information as to the reason for his detention. Saying only that he was suspected of transferring secret information to a foreign country.
| "[Zhao is] in criminal detention under suspicion of illegally providing state secrets to foreigners'' Official (September 2004) |
It is widely believed that his detention is related to an article that appeared in the New York Times, on 7 September, which revealed that Jiang Zemin was planning to announce his resignation as the chairman of the Central Military Commission.
It has also been suggested that news articles penned by Zhao, which criticized the state for failing to protect farmers and the rural poor, might have been a contributing factor in his detention.
Get Out of Jail Free Card?
While this latest announcement means that Zhao will soon be released from custody, and is no longer living under the threat of a 10 year prison sentence for 'revealing State Secrets', it does not mean that he has been granted a 'get out of jail free' card.
Zhao may yet face face official censure in the form of 'the removal of political rights', or other restrictions. Meaning that he may loose his freedom to travel within China, be banned from speaking to press/working for the media, and that he may be prohibited from meeting with other dissidents and suspected dissidents.
Additionally, the charges against Zhao are being dropped, but he has not been cleared of the crime of which he was accused. Leaving room for Beijing to recharge him at a latter date. Though his legal representatives believe that this is unlikely at present.
| "In effect, this means that only if new evidence or facts come up, can prosecutors revive these charges and I'm confident that's not going to happen" Mo Shaoping |
What is a State Secrets?
Revealing State Secrets is an offence under clause 3 of Article 4 of the State Security Law of the People's Republic of China, which forbids “stealing, secretly gathering, buying, or unlawfully providing State secrets”.
In principle, the nature of a 'State Secret' is defined under Article 8, Clauses 1-7, of the “Law of the People's Republic of China on Guarding State Secrets”
In reality, any individual or organization can be detained for 'Revealing State Secrets' for revealing any information that has previously been censored, removed from circulation, or prohibited from circulation, by the state.
Additionally, it can also be applied to any individual who reveals and information from within the workings of the state that has not been specifically cleared for publication, or to any individual who moves to correct any publicly available information that has been distorted by the state.
| Article 8) In accordance with the provisions of Article 2 of this Law, state secrets shall include the following: (1) secrets concerning major policy decisions on state affairs; (2) secrets in the building of national defence and in the activities of the armed forces; (3) secrets in diplomatic activities and in activities related to foreign countries as well as secrets to be maintained as commitments to foreign countries; (4) secrets in national economic and social development; (5) secrets concerning science and technology; (6) secrets concerning activities for safeguarding state security and the investigation of criminal offences; and (7) other matters that are classified as state secrets by the state secret-guarding department. Law of the People's Republic of China on Guarding State Secrets |
Unusually, in China, state secrets can also include publicly available information taken from books or newspapers that has not been previously been censored..
As such, in 1999, Rebiya Kadeer, an ethnic Uighur, was detained under Article 4, Clause 3, for attempting to mail several local newspaper articles, on Uighur issues, to her husband in the US.
Further Reading
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