Chinese Investigators Send Zhao Yan Case to Prosecutors, Reset Pre-Trial Detention Clock

Chinese authorities claim to have uncovered evidence of a new crime of fraud in the case of detained New York Times researcher Zhao Yan, just as the maximum pre-trial detention period in his case was set to expire. Law enforcement officials, who are investigating Zhao on charges that he revealed "state secrets," had already extended Zhao's pre-trial detention to the maximum seven months by invoking several legal exceptions. Under Chinese law, the new charge permits police to reset the pre-trial detention clock in Zhao's case back to zero and to hold Zhao for up to another seven months. While police have reportedly transferred the state secrets charges to prosecutors for an indictment decision, Zhao's defense lawyer says he has been unable to visit his client and has not been informed of the evidence that investigators have.

The Chinese government has been engaged in a heavily publicized, two-year campaign to eliminate "illegal extended detention" in the criminal process and claims to have cleared all cases of extended detention. However, law enforcement authorities continue to have a host of legal rules and loopholes at their disposal that can be manipulated to hold criminal suspects for long periods of time without formal charge and trial. Finding evidence of "new crimes" shortly before pretrial detention limits expire is one way that authorities extend detention periods. In practice, with no limit on the number of new crimes that police can find, suspects can be held in pre-trial detention for years. Chinese criminal law experts say the exception is often abused.

For stories about recent developments in Zhao's case, click on the following: CPJ, Reuters, Washington Post. For prior CECC summaries of the Zhao Yan case, click here and here.