Xinjiang Uighur Autonomic Region Qakilik Country People’s Court

Criminal Judgement
Xinjiang

Criminal Review

Public Prosecutor: Qakilik Country People’s Procuratorate
(additional name:
), male, born
, Uyghur
nationality, ID
, born in
Xinjiang Region, primary
school level education, household registration at Qirimqi Village, Third Group, No. 25, Qirimqi
Village, Qarakash County, Xinjiang Region. No prior criminal record, CCP member. He was
summoned for detention on August 9, 2017 on suspicion of the crime of assembling a crowd to
disturb the social order. On June 23, 2009, he was arrested by the approval of Qakilik County
People’s Procuratorate on the crime of inciting extreme thoughts. He is now detained in Qakilik
County Prison.
Attorney:
, a lawyer of Xinjiang Ar Jin Lawyers Office.
Qakilik Country People’s Procuratorate Criminal Prosecution Indictment (2018) 132
charged the accused
of the crime of incitement of ethnic hatred and ethnic
discrimination on May 30, 2018 and filed an indictment in this court. On June 10, 2018, according
to law, this court convened and held an open court session to try the case. Qakilik County People’s
Procuratorate Prosecutor Patigul Tomur sustained the indictment.
, the defense
counsel for the accused
, came to court to participate in the hearing. The trial
has now already concluded.
Qakilik County People’s Procuratorate accuses the defendant
of
incitement of ethnic hatred and ethnic discrimination. On December 2016, during the work of
Qakilik Country’s 36th corps, No. 315 National Highway, at the temporary worker quarters of the
Sandstone Factory, he incited extremist religious thoughts in his colleagues
and others such as : Do not say dirty words, do not watch porn
or you will become a kafir (non-believer), if you don’t pray and watch porn, your soul will not be
clean for 40 days and God will not accept your prayers. If you eat without praying, you will become
a kafir. If you do not pray, you will be in hell and God will not forgive you. All people who do not
pray are Han Chinese kafirs. You cannot eat food from women who do not pray. You cannot eat
food from people who smoke and drink alcohol.
The defendant
acknowledged his crime. During the trial, he said that
he committed these crimes because of his low legal awareness and low level of education and
that he was guilty. He asked the judge to deal with him leniently and give him a chance to become
a good man.
The counsel for defendant
said “his deeds constitute a crime and the
People’s Procuratorate’s accusation against him is correct. Both the defendant,
, and I have no argument against this accusation. Due to the defendant’s low legal
awareness and education level, he was easily susceptible to being misguided and committing
crimes. He’s guilty. This is his first criminal record and I ask the court to deal with him leniently”.

 During the trial it became clear that in December 2016, during the work of Qakilik
Country’s 36th corps, No. 315 National Highway, at the temporary worker quarters of the
Sandstone Factory, he incited extremist religious thoughts in his colleagues
and others such as : Do not say dirty words, do not watch porn
or you will become a kafir (non-believer), if you don’t pray and watch porn, your soul will not be
clean for 40 days and God will not accept your prayers. If you eat without praying, you will become
a kafir. If you do not pray, you will be in hell and God will not forgive you. All people who do not
pray are Han Chinese kafirs. You cannot eat food from women who do not pray. You cannot eat
food from people who smoke and drink alcohol. The facts above prove his incitement of ethnic
hatred and ethnic discrimination. The following evidence materials have been examined,
confronted, and authenticated, as evidence in this case:
1. The criminal documents of Qakilik County Police Bureau. On August 8, 2017, the County
Police Bureau suspected the defendant
of the crime of assembling a crowd
to disturb social order and through examination, proved his crime.
2. The testimony of the witnesses
proves: that in December 2016,
th
during the work of Qakilik Country’s 36 corps, No. 315 National Highway, at the temporary
worker quarters of the Sandstone Factory, he incited his colleagues
to prayer.
And he told them that if they eat without praying, they will become kafir and will be sent to hell,
that all people who do not pray are Han Chinese Kafir, and that you cannot eat food from women
who do not pray.
3. The five time confession of the defendant,
, proves his crimes.
4. The household registration of the defendant,
, proves that his
birthday was
. That means when he committed his crimes, he was an adult and is
capable of taking legal responsibility.
The court found through its examination that all facts and evidence was collected and
confirmed in legal ways. This court believes that the defendant,
, spreading
Halal (the Islamic ways of determining what is legal) and Haram (the Islamic ways of determining
what is illegal) to others to incite ethnic hatred and ethnic discrimination constitutes a crime. The
facts are clear and the evidence has been confirmed. According to the facts and nature of the
crime committed by the defendant
the circumstances, and the harm that has
been done to society, this court, according to Chapter 249, Chapter 55 and Chapter 58 of the
Criminal Code of the People's Republic of China, makes the following verdict:
The defendant
for the crime of inciting ethnic hatred and ethnic
discrimination, is sentenced to prison for ten years and the deprivation of political rights for five
years.
The prison sentence is to be calculated from the date this judgment is executed. For the
detention prior to this judgment's execution, one day of the detention to be set off against one
day of the sentence, which is to say from August 9, 2017 through August 8, 2027.
The sentence of deprivation of political rights is to be calculated from the date following
the effectiveness of this judgment.
If [the defendant] does not accept this judgment, [they] may, within 10 days of the second
day after receiving this judgment, appeal to this court or directly to Bayinguoyu Mongolian
Autonomous Prefecture Intermediate People's Court. Any written appeal should include one
original and three copies of the appeal brief.

 Erkin Hocimir, Chief Judge
Patigul Rozi, Assistant judge
Nuruzgul Barat, Assistant judge
June 12, 2018
Rahile Kurban, Court Clerk