Two of Rebiya Kadeer’s sons arraigned, trial imminent

For immediate release
July 12, 2006, 15:30 EDT
Contact: Uyghur Human Rights Project +1 (202) 349 1496

The Uyghur Human Rights Project (UHRP) has learned that two sons of Uyghur human rights activist and former prisoner of conscience Rebiya Kadeer, have been formally arraigned by the Chinese state prosecution. Kahar Abdureyim, 42, and Alim Abdureyim, 31, were arraigned on Monday, July 10. Their trial will not be within 10 days of notice of their arraignment being served, according to Chinese legal procedures; but following that 10-day period the men may only get three days advance notice of the trial.

Both men were charged on June 13 with tax evasion as a result of an investigation into the family business. Alim was also charged with “attempting to split the state , an extremely serious political charge under Chinese law. UHRP reported on July 6 that Alim confessed to these crimes under torture; however, UHRP does not know the specific allegations surrounding the “splittism charge.

UHRP further understands that Ms Kadeer\’s other son, Ablikim Abdureyim, is still being interrogated in detention, indicating his case is not yet ready to be submitted by police to state prosecution offices. Ablikim faces charges of “subversion .

According to UHRP\’s sources, family members were told by state prosecution officials that Alim and Kahar Abdureyim could hire defense lawyers if they wished, but seeing as the lawyers would not be guaranteed access to the brothers in detention, there would be little point in hiring a legal defense.

“These are sham charges which will be heard at a sham trial with sham evidence acquired through torture, said Alim Seytoff, Director of UHRP. “As we can see, Chinese justice has actually gone backwards since Rebiya Kadeer herself was imprisoned in 2000, and is now working to a political agenda of revenge and spite against her and her sons.

Although the Chinese Criminal Procedure Law allows for legal representation to be refused to suspects and defendants in cases involving “state secrets – a claim the Chinese authorities may yet apply to Alim and Ablikim Abdureyim\’s cases because of the “splittism and “subversion charges against them – there appears to be no justification to restrict or deny legal representation to Kahar, who faces charges of tax evasion only.
However, Chinese state prosecution offices are known to arbitrarily restrict lawyers meetings with defendants, for example to one pre-trial meeting which, under Chinese law, police have the right to attend.

Even if Alim and Kahar Abdureyim were granted unrestricted access to lawyers in order to prepare a defense, UHRP is extremely concerned that they would not have access to the documentary evidence needed to prove their innocence on the charges of tax evasion: in May 2005, all of the family business financial documents were confiscated by police during a raid on the company\’s offices. UHRP is extremely concerned about the current integrity of this evidence, and understands it is these documents which forms the basis of the tax evasion charges against Alim and Ablikim Abdureyim. (Kahar Abdureyim had his own business separate from the family business, located in Aksu City almost 800 miles southeast of the regional capital Urumchi. UHRP is not aware of any details surrounding police investigations into his business dealings.)

However, even if the state prosecution were to follow procedural regulations to the letter, Alim and Kahar\’s lawyers would only have a limited time to examine the prosecution\’s evidence. And indeed, far from following procedural regulations to the letter, state prosecution offices in China are known to deliberately withhold documentary evidence which may give the defense an ‘advantage\’ at trial. Methods of blocking access to evidence range from flat refusal through to charging prohibitive amounts of money to copy documents.

UHRP would argue it is a moot point whether the political charges against Alim and Ablikim Abdureyim – “splittism and “subversion respectively – could ever result in a fair trial, no matter what peaceful activities they are suspected of engaging in. Authorities in the People\’s Republic of China (PRC) regularly use these and other politicized charges – such as the charge of “leaking state secrets against Ms Rebiya Kadeer – to silence peaceful political opposition to the Chinese Communist Party.

Putting anyone on trial for charges such as these inevitably undermines any pretence of an independent judiciary in China, therefore precluding the possibility of a fair trial in accordance with international fair trial standards.

Such charges can bring lengthy prison terms in the PRC; however, other than in extremely rare exceptions Uyghurs are the only people in the PRC to be regularly executed on these charges.