Franklin Wolf | Commissioner on the U.S. Commission on International Religious Freedom | China Aid Advisory Board website
(Guiyang, Guizhou Province – May 6, 2024) Elder Zhang Chunlei of Guiyang Renai Reformed Church has been facing a prolonged legal battle after being tried on charges of "inciting subversion of state power" and "fraud" in a closed-door session at the Guiyang Intermediate People’s Court on November 29, 2022. Despite the passage of one and a half years since the trial, Elder Zhang Chunlei still awaits a verdict, with concerns rising over the extended period of his detention.
The defense lawyers representing Elder Zhang Chunlei have encountered obstacles in accessing the case files, with the judges at the Guiyang Intermediate People’s Court indicating that they would only notify the lawyers once a verdict is reached. This lack of transparency and communication has led to frustration among legal representatives seeking to fulfill their duties.
The legal proceedings have been marred by delays, prompting questions about the adherence to established timelines. According to the Criminal Procedure Law, the time limit for the trial of public prosecution cases is generally set at three months, with possible extensions under specific circumstances. However, the ambiguity surrounding the definition of "special circumstances" has raised concerns among legal experts regarding the potential for prolonged detention without clarity on trial timelines.
In a series of interactions between Elder Zhang Chunlei's new lawyer, Mr. Zhu, and Judge Mr. Song, who presides over the case, tensions over access to case files have escalated. Despite legal provisions emphasizing the rights of defense lawyers to access files promptly, the issue of poor communication channels and delayed responses from the judiciary has exacerbated the situation.
Amid the legal complexities surrounding Elder Zhang Chunlei's case, questions persist about the adherence to procedural norms and the necessity for timely and transparent legal proceedings. The need for clarity on trial timelines, access to case files, and communication between legal representatives and the court remains crucial in ensuring a fair and efficient judicial process.
The case of Elder Zhang Chunlei serves as a poignant reminder of the challenges individuals face within the legal system and highlights the importance of upholding the principles of justice and due process in all legal proceedings.
