Chinese courts concluded 50 percent fewer endangering state security (ESS) trials in 2015, according to Dui Hua’s analysis of data released in the annual work report of China’s Supreme People’s Court (SPC). Dui Hua believes the decline represents an increase in the use of non-ESS charges to prosecute political and religious activism.
Dui Hua estimates that Chinese courts concluded more than 500 ESS trials of the first instance in 2015, compared with more than 1,000 ESS trials in 2014. Delivered to the National People’s Congress by SPC President Zhou Qiang on March 13, 2016, the annual work report includes ESS and endangering national defense (END) crimes in a category of “Other” trials. The category comprised 0.06 percent of first-instance criminal trials in 2015, compared with 0.13 percent in 2014. Based on an accounting of all of the crime categories in China’s Criminal Law and historical data on END trials, Dui Hua believes that the “Other” category is primarily populated by ESS cases—according to China Law Yearbook, only 243 END trials were concluded in 2014.
ESS crimes, which include subversion, inciting subversion, splittism, espionage, and state secrets violations, carry a mandatory supplemental sentence of deprivation of political rights (DPR). This sentence precludes individuals from writing articles, giving interviews, voting, standing for office, and working in a state-owned company.
The Xinjiang Uyghur Autonomous Region typically accounts for the largest percentage of ESS trials of any Chinese region. According to the annual work report of the Xinjiang High People's Court, courts in the autonomous region heard approximately 100 ESS trials in 2015, down from about 300 trials per year in 2014 and 2013. The same work report reveals that trials for the category of crimes that cover "terrorism" surged about 25 percent respectively in 2015. Dui Hua believes that many of the trials for cult and terrorism crimes had previously been handled as ESS trials.
As previously reported by Dui Hua, ESS indictments by procuratorates in 2014 rose to a record level since the criminal category was introduced in 1997: 1,411 people were indicted in 663 cases. In light of the sharp drop in ESS trials in 2015, Dui Hua expects that ESS indictments also fell by a significant margin last year. The numbers are expected to be released later this year when the 2016 China Law Yearbook is published.
ESS “and Other” Trials
Pu Zhiqiang’s recent conviction is a prominent example of the uncertainty with which the justice system categorizes political activities as endangering state security. Police initially charged Pu with the ESS crime of “inciting splittism” for criticizing the Chinese Communist Party (CCP) on his microblog. However, his conviction at trial was ultimately for the non-ESS crimes of “inciting ethnic hatred” and “picking quarrels and provoking trouble.” Although Pu was given a suspended sentence, he is not a free man—he continues to serve a sentence through compulsory measures and will be subject to various regulations, the violation of which could result in his future detention.
Dui Hua’s Political Prisoner Database (PPDB) records the names of 19 people tried for ESS crimes in 2015. Mettursun Eziz was sentenced in May to four years in prison and three years deprivation of political rights (DPR) for inciting splittism. The Henan Nanyang Intermediate People’s Court found that he used voice-messaging apps like WeChat to download a large number of “extreme religious materials” produced by the East Turkestan Islamic Party (ETIP). Mettursun Eziz is scheduled for release on April 2, 2018.
In perhaps the most widely reported ESS trial of 2015, prominent journalist Gao Yu (高瑜) was sentenced to seven years in prison for leaking state secrets in April. Observers have attributed the charges to the leaking of “Document Number 9,” an internal CCP manifesto that rails against democracy, civil society, and universal values like human rights. In November, the Beijing High People’s Court reduced Gao’s sentence to a five-year term and allowed the 71-year-old to serve the remainder of her term outside prison.
In December, the Nanyang Intermediate People’s Court sentenced prominent religious figure Li Baocheng (李保成) to four years in prison for inciting subversion and fraud. Henan’s Dahe Daily accused the 77-year-old of extortion for charging “baptism fees.” Li was also found guilty of discussing plans to establish a new political party to challenge the CCP.
| Name | Sex | Crime | 1st instance Trial Date | 1st Instance Verdict |
| Du X 杜某 | M | Inciting subversion | 12/15/2015 | 10 Months, 1 Yr DPR |
| Gao Yu 高瑜 | F | Illegally procuring/trafficking in state secrets/intelligence for foreign entities | 04/17/2015 | 7 Yrs, 1 Yr DPR |
| Han X 韩某 | M | Illegally procuring/trafficking in state secrets/intelligence for foreign entities | 01/29/2015 | 8 Yrs, 4 Yrs DPR |
| Li Baocheng 李保成 | M | Inciting subversion | 12/15/2015 | 4 Yrs, 2 Yrs DPR |
| Li X 李某 | M | Inciting subversion | 12/15/2015 | 1 Yr, 1 Yr DPR |
| Liang Qinhui 梁勤辉 | M | Inciting subversion | 11/13/2015 | Unknown |
| Liu Chao 刘超 | M | Inciting subversion | 01/27/2015 | 1 Yr (DPR Unknown) |
| Liu Jiacai 刘家财 | M | Inciting subversion | 05/08/2015 | 5 Yrs, 3 Yrs DPR |
| Mettursun Eziz 麦提图尔荪·艾则孜 | M | Inciting splittism | 03/17/2015 | 4 Yrs, 3 Yrs DPR |
| Paziniye 排孜妮耶 | F | Inciting splittism | 12/21/2015 | 5 Yrs, 2 Yrs DPR |
| Qamber Amber 卡姆巴尔·阿穆巴尔 | M | Inciting splittism | 03/21/2015 | 9 Yrs (DPR unknown) |
| Wang Mo 王默 | M | Inciting subversion | 11/19/2015 | Unkown |
| Xie Fengxia 谢丰夏 | M | Inciting subversion | 11/19/2015 | Unknown |
| Yang Mingyu 杨明玉 | M | Inciting subversion | 09/23/2015 | 3 Yrs, 4 Yrs DPR |
| Yang X 杨某 | M | Inciting subversion | 12/15/2015 | 1.5 Yrs, 1 Yr DPR |
| Yang X 杨某 | M | Inciting subversion | 12/15/2015 | 10 Months, 1 Yr DPR |
| Zhang Rongping 张荣平 | M | Inciting subversion | 11/13/2015 | Unknown |
| Zhang X 张某 | M | Illegally procuring/trafficking in state secrets/intelligence for foreign entities | 02/12/2015 | 6 Yrs, 1 Yr DPR |
| Zhao X 赵某 | M | Illegally procuring/trafficking in state secrets/intelligence for foreign entities | 01/2015 | 7 Yrs, 2 Yrs DPR |