(Guiyang, Guizhou Province – May 6, 2024) Elder Zhang Chunlei of Guiyang Renai Reformed Church, charged on suspicion of “inciting subversion of state power” and “fraud,” was tried in a closed-door session at the Guiyang Intermediate People’s Court on November 29, 2022. One and a half years later, there is still no verdict, and he has been detained for an excessively long period. The defense lawyers have repeatedly requested access to the case files, but the judges at the Guiyang Intermediate People’s Court said they would notify the lawyers when the verdict is reached.
It has been nearly a year and a half since the first trial of Zhang Chunlei’s case heard by the Guiyang Intermediate People’s Court in November 2022. Elder Zhang Chunlei has been detained for three years and one month. From the age of 57 when he was arrested to 60 now, the court still has not issued a verdict, a serious delay.
On March 22, 2024, Zhang Chunlei’s family members lawfully changed to a new lawyer. The newly hired lawyer Mr. Zhu submitted the representation documents to the Guiyang Intermediate Court and requested access to the case files. Judge Mr. Song, who is in charge of Elder Zhang Chunlei’s case, said that the landline signal was poor, asked the lawyer to contact the clerk, and then hung up the phone.
On April 8, 2024, lawyer Mr. Zhu called Judge Mr. Song again and once more requested access to the files. Mr. Song gave the same response as in the first call, saying that the landline signal was poor and that he was about to attend a meeting lasting more than ten days. The lawyer stated that accessing the files would not take long and would not cause any trouble, and the clerk could arrange it. Mr. Song replied that accessing files was indeed not troublesome and that he would notify the lawyer to do so when the verdict was close. The lawyer asked in response, how could there be a defense without accessing the files? How could there be a judgment without a defense? Upon checking the official website of the Guiyang Intermediate People’s Court, it was found that there was no notice of a meeting lasting more than ten days in the near future. The latest report was news about the Guiyang High Court making a report at the National People’s Congress and the Chinese People’s Political Consultative Conference, with an approval rate reaching 99.82%.
On April 22, 2024, Mr. Zhu called Mr. Song again, demanding access to the files. Mr. Zhu cited the second paragraph of Article 14 of the “Provisions on legally safeguarding the lawyers’ rights to practice law” issued by the Supreme People’s Court, the Supreme People’s Procuratorate, and the Ministry of Justice: “When a defense lawyer requests to access case files, the people’s Procuratorate and the People’s court shall arrange for the defense lawyer to access the files at that time. If it is impossible to arrange at that time, they shall explain to the defense lawyer and arrange for access within three business days, and shall not limit the number of times and duration for the defense lawyer to access files.” Mr. Song still stated that the landline signal was poor and asked the lawyer to wait for notification. If a verdict was reached, the lawyer would be notified to access the files. Mr. Zhu asked Mr. Song why the case had been delayed for so long. Had it been reported to the Guizhou High Court or even the Supreme Court? Mr. Song said, “I didn’t say that,” and then hung up the phone.
According to the Criminal Procedure Law, the time limit for trial of public prosecution cases shall generally not exceed three months at the latest. For cases that may be sentenced to death or have ancillary civil lawsuits, the time limit may be extended by three months with the approval of a higher court. If a further extension is needed due to special circumstances, it shall be reported to the Supreme Court for approval.
Lawyers believe that the problem lies in this vague legal provision. What are special circumstances? How long can an extension approved by the Supreme Court last? How many times can it be extended? Should the lawyers, family members, and the defendant be notified? Therefore, in theory, it is impossible to clarify how long the trial time limit for the first instance can be, and a person can be detained until old age or death. How was such obviously unreasonable laws enacted?
It is unknown whether this case has been reported to the Supreme Court. The staff at the detention center also expressed their helplessness, saying that the center is currently overcrowded and excessive detention is a serious issue there. The investigation and procuratorial organs handle cases in a timely manner, but the courts often greatly exceed the time limit. The lawyer believes that the most urgent task is for the leaders of the Guiyang Intermediate People’s Court to pay attention to this matter, first ensure the lawyer’s right to access files, and send someone to repair Mr. Song’s landline to avoid any issues.
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