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Changji Hui Autonomous Prefecture Intermediate People's Court Criminal Verdict

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Changji Hui Autonomous Prefecture Intermediate People's Court Criminal Verdict Changji Hui Autonomous Prefecture Intermediate People's Court Criminal Verdict Xin. 23 Crim. Init. No. 49 (2017) Prosecutor: Changji Hui Autonomous Prefecture People's Procuratorate. Defendant: Jin Dehuai (alias: “Dawud”), male. Born on November 27, 1974. ID number: 652323197411270052. Ethnicity: Hui. Level of education: elementary school. Household registration: Hotan City, Xinjiang. Residence before arrest: Villa No. 2-103, Lüzhou Huating, Lüzhou Road, Changji City, Xinjiang. The defendant was sentenced to one year and six months of imprisonment by the Changji City People's Court on November 5, 2009 for the crime of gathering a crowd to disturb public order, and was released upon completion of his sentence on August 25, 2010. On May 19, 2015, the defendant was sentenced to seven years of imprisonment by the Qitai County People's Court for the crime of gathering a crowd to disturb public order, to be served at Wujiaqu Prison. On December 15, 2016, the defendant was criminally detained by the Changji Public Security Bureau on suspicion of the crime of splitting the state. On January 14, 2017, the defendant was arrested in accordance with the law and is now in custody at the Changji Detention Center. Defense attorney: Han Lichun, Xinjiang Tingzhou Law Firm. On August 17, 2017, the Changji Prefecture People's Procuratorate filed the Changji Prefecture Procuratorate Public Accusation Challenge No. 1 (2017) against the Qitai Criminal Initial No. 46 (2015) criminal verdict handed down by the Qitai County People's Court, claiming that there was new evidence demonstrating that the verdict had been erroneous in conviction and sentencing, owing to mistakes made while establishing the facts. On December 8, 2017, the Changji Prefecture Intermediate People's Court revoked the aforesaid criminal verdict via the Xinjiang 23 Criminal Challenge No. 2 (2017) criminal ruling. On December 18, 2017, the Changji Hui Autonomous Prefecture People's Procuratorate filed the Changji Prefecture Procuratorate Public Criminal Indictment No. 47 (2017) criminal indictment with this court, charging the defendant Jin Dehuai with the crime of separatism. After this court accepted the 1 case, a panel was formed in accordance with the law and heard the case in a public session on February 5, 2018. The Changji Hui Autonomous Prefecture People's Procuratorate assigned inspectors Chen Xiaochun and Shan Qin to appear in court to support the prosecution. The defendant Jin Dehuai and his defense attorney Han Lichun attended the proceedings. The case has now been concluded. The People's Procuratorate of Changji Prefecture alleged that, between 2006 and 2014, the defendant Jin Dehuai, in the name of proselytizing Islam: repeatedly and illegally organized many people for scripture studies and sermons abroad; repeatedly and illegally organized for foreign nationals to study religious scripture and give sermons; repeatedly brought his wife abroad for scripture studies and sermons; used locations at Baoheng Mansion, Urumqi, and the one at Lüzhou Huating, Changji, among others, to repeatedly and illegally organize for individuals from different regions in Xinjiang to travel around to study and discuss scripture; organized and planned conferences attended by individuals from many regions in Xinjiang in an effort to carry out separatist acts. I. Facts showing that Jin Dehuai illegally organized many people to study and interpret scripture abroad, illegally organized foreign nationals to study and discuss scripture in China, and brought his wife abroad to illegally study and interpret scripture. 1. From the winter of 2006 to the spring of 2007, defendant Jin Dehuai organized for five Urumqi residents, including Liu Jianguo and Yang Xiaojun, to visit Bangladesh for eighty days for scripture studies and sermons. 2. In January 2013, the defendant Jin Dehuai helped Erbol Kulaihan, Ergali Omirbek, and Abi Qizat, residents of Qaba County in Altay Prefecture, to apply for visas to Bangladesh and arranged for the three to go to Changji City and Urumqi’s Nanmen for a jamaat gathering. On January 27, 2013, Jin Dehuai arranged for Ergali Omirbek to be in charge of the three, who were going to Bangladesh to study scripture for four months. In the meantime, Jin Dehuai went to Bangladesh for jamaat gatherings for 40 days. He also visited Erbol Kulaihan, Ergali Omirbek, and Abi Qizat during this time. 3. In January 2014, the defendant Jin Dehuai helped six individuals from the Urumqi area – Ma Guoyi (at large), Rizam Shalyq, Ma Xiaowen, Ma Junming, Ma 2 Xiaohu, and Ma Qingyong, to apply for visas to Bangladesh. On January 5, he arranged for Ma Guoyi to be in charge of the six while they were in Bangladesh for four months to study scripture. 4. In late spring and early summer of 2011, the defendant Jin Dehuai hosted seven missionaries, including Imam Yunus from Kyrgyzstan, at his residence at Lüzhou Huating in Changji City, and organized many people to conduct illegal religious activities. During this period, Imam Yunus, a Kyrgyz national, gave sermons to the participants on matters related to proselytizing and incited them to actively engage in the study and preaching of scripture. 5. In February 2012, the defendant Jin Dehuai led four missionaries from Kyrgyzstan to the mosque at Ili Dairy Farm’s No. 2 Company in order to study and preach scripture and to conduct illegal missionary activities. 6. In December 2012, the defendant Jin Dehuai hosted Imam Yunus, a Kyrgyz national, at his residence on the 22nd floor of the Baoheng Mansion in Urumqi, organizing an illegal religious gathering where Imam Yunus preached to more than fifty people who came there for study and interpretation of scripture. 7. In the spring of 2013, the defendant Jin Dehuai led five missionaries, all Kyrgyz nationals, including Imam Yunus, to Yang Debao's home in Turpan City, where dozens of Muslims were convened in an illegal religious gathering. On that occasion, Imam Yunus illegally preached scripture and encouraged the participants to go out on missionary trips. 8. In 2011, the defendant Jin Dehuai and his wife Bai Lu secured passports by registering their household at Xiaoling Township, Yongjing County, Gansu using the fake identities “Ma Jinming” and “Ma Ase”, and claiming to be local residents. From 2011 to 2014, Jin Dehuai, along with his wife, used the passports with the fake names of “Ma Jinming” and “Ma Ase” to travel to Kyrgyzstan and Bangladesh, making four trips to study scripture and proselytize. II. Facts showing that Jin Dehuai illegally organized individuals from various parts of Xinjiang to study and preach scripture within China, using locations at Urumqi’s Baoheng Mansion and Changji’s Lüzhou Huating as his base. 3 9. In July 2007, Jin Dehuai organized four residents of Changji City, including Zhao Lianfu and Zhai Deren, to go on a trip to Qinghai for forty days to study and preach scripture. 10. Around the time of the Spring Festival of 2012, the defendant Jin Dehuai organized Su Jinliang, Ma Shengcheng, Zhang Hongjun, and others from Yushugou Village in Changji City to go to Ningxia to study and preach scripture. 11. One day in December 2011, the defendant Jin Dehuai gathered four jamaat participants – Yan Shihai, Wang Husai, Ma Jianlin, and Ma Danning, all residents of Üch-On Township, Ghulja County – at his home at Lüzhou Huating, Changji City to study and preach scripture. 12. One day in early 2012, the defendant Jin Dehuai gathered three jamaat participants, including Ma Chongqing and Ma Deying, all residents of Üch-On Township, Ghulja County, at his home at Lüzhou Huating, Changji City to study and preach scripture. 13. One day in January 2012, the defendant Jin Dehuai gathered jamaat participants Ma Junfu, Ma Xinming, and others from Üch-On Township, Ghulja County at his home in Lüzhou Huating, Changji City to study and preach scripture. 14. One day in the summer of 2012, the defendant Jin Dehuai led three jamaat participants on a visit to the home of Ma Chunlin in Jebki Township, Qitai County, where they gathered many local people to study and preach scripture. 15. One day in the summer of 2012, the defendant Jin Dehuai led three jamaat participants on a visit to the home of Ma Fuquan in Dabanhe Village, Jebki Township, Qitai County, where they gathered many local people to study and preach scripture. 16. One day in the summer of 2012, the defendant Jin Dehuai gathered many jamaat participants from Urumqi and Changji to study and discuss scripture, and encouraged them to go out on missionary trips. 17. One day at the end of 2012, the defendant Jin Dehuai hosted Ma Chunlin, Ma Zhixue, Ma Cunyi, Musa, and other jamaat participants from Qitai to study and preach scripture. 4 18. One day in January 2014, the defendant Jin Dehuai organized twelve jamaat participants from Qitai, including Ma Hongbing, Batuburen, and Ma Zhixue, to study and preach scripture in Room 2202 on the 22nd floor of Urumqi’s Baoheng Mansion. 19. In December 2012, the defendant Jin Dehuai organized four people, including Sha Fucheng, Zhao Lianfu, and Ma Shengfu, from Changji City’s Yushugou Village to spend forty days in Ningxia studying and preaching scripture. 20. In early 2009, the defendant Jin Dehuai illegally gave sermons to more than a dozen Muslim people in the courtyard of Li Guojun's home in Sidaohezi Township, Shawan County, and encouraged them to go out for missionary work. 21. One day in 2011, the defendant Jin Dehuai organized for a non-local imam to illegally give a sermon to the Muslim people attending the service at the mosque of Shangyedi Village, Shawan County, encouraging them to go out more often for missionary work. 22. In the winter of 2012, the defendant Jin Dehuai sent a vehicle to take residents of Sidaohezi Township – Li Shijun, Li Guojun, Li Guobing, and others – to Urumqi, and arranged for them to spend forty days in Ningxia and Gansu studying and preaching scripture.
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