Important leaks to New York Times on China's policy in Xinjiang

Jerome A. Cohen

 Today’s New York Times reports over 400 pages of internal Chinese documents about the policy and practice regarding Xinjiang’s internment camps. Bravo for Austin, Chris and the NY Times for a superb job.

I previously raised the issue several times whether Xi Jinping —not merely his principal henchman, Chen Quanguo — should, at least in principle, be recognized as the leading Chinese candidate for the application of Magnitsky Act sanctions by the USG. Here is persuasive supporting evidence. We have always known where the buck stops, but this is ample confirmation.

The documents also confirm how irrelevant the formal criminal justice system is in the People’s Republic of China for most cases involving people — one should say “enemies” rather than “people” — suspected of impure political conduct or even thoughts. The documents, to the extent a quick perusal permits, apparently tell little about the extent to which the formal criminal process is actually used in Xinjiang. We know that it has often been used there to handle the most serious cases, but the majority of detained persons seem to be victimized by the elaborate system of “non-criminal” administrative detentions that the PRC has perfected to an art form in various ways since the 1950s and that is mentioned here. Can one say that “re-education through labor” (RETL) was really abolished in 2013? As Maggie Lewis and I anticipated at the time, it has continued to rear its ugly head in many ways and names throughout the country.

Also note the reference to the continuing need for restrictive “transformation” education even after the hapless detainees are formally released, further evidence of what I call the non-release “release” (NRR) that has increasingly marked both criminal and administrative punishments throughout the PRC under Xi Jinping.

Xinjiang & the Global Magnitsky Act

By Jerome A. Cohen

Here is a terrific, comprehensive explanation from SupChina of helpful reports and articles about Xinjiang’s “re-education camps” . While China tries hard to conceal information, the materials currently available should prompt the United Nations and its human rights regime—including human rights treaty bodies, the Human Rights Council and its Special Procedures—to investigate and to condemn with confidence these atrocities in Xinjiang.

The outside of a newly built internment camp in Turpan, Xinjiang. Picture by Wall Street Journal reporter Josh Chin.

It also makes one ask: what evidence is necessary under the Global Magnitsky Act in the United States to apply sanctions not only against those who are actually carrying out these abuses, starting with Chen Quanguo, the Party chief in Xinjiang, but also against those in Beijing who are instructing Chen to do so? We all know who runs China today!

This reminds me of the time in 1964 that I had an opportunity to have coffee in Hong Kong with Zhang Guotao (Chang Kuo-tao), one of the founders of the Chinese Communist Party who later split with Mao and remained in exile. I wanted to understand why Communist leaders had such mistrust of law and a genuine legal system. Zhang said that, while he did not know much about law and neither did Mao, perhaps he could give me an example that might help answer my question. In effect he then said: “If A kills B, no system would have trouble punishing A. But what if A merely tells B to kill C and B does it, how could a legal system punish A?” That, Zhang said, was probably the kind of thinking that underlay Mao’s mistrust!

The U.S. legal system usually is not troubled by such a simplistic challenge!