Public Prosecution Agency: Supreme People’s Procuratorate of Jimunai County
Defendant: Nurlan Pioner, born June 28, 1968. Kazakh, ID Number: ■■■■■■■■■■■■■■■■■■, junior high school degree. He is from Jimunai County, a villager from Qikuoerjia Village, Wulasitai Township, Jimunai County. In 2003, he was selected to become a religious figure. He obtained a religious qualification certificate in 2012. The ID Number of the certificate is ■■■■■■■■■. He was also appointed to the position of village representative at the People’s Congress in Wulasitai Township, Jimunai County. This position was revoked by the Standing Committee of the People’s Congress of Wulasitai Township, Jimunai County on July 3, 2017. He was criminally detained by the Jimunai County Public Security Bureau on June 10, 2017, because he was suspected of disturbing social order. On July 17, 2017, he was arrested in accordance with the law with the approval of the Jimunai County People’s Procuratorate. On August 4, 2018, he was approved to live under house arrest because he had developed a serious illness. He is currently under arrest at home.
Legal defense: Bekbolat Qazin, Lawyer, Xinjiang Bayan Law Firm
Defendant: Tokhti Silam, male, born on October 16, 1970. Uyghur, ID Number: ■■■■■■■■■, high school degree. He is from Kashgar and a resident of Tuoputiereke Township, Jimunai County. He resides in apartment 703, in the High-Rise Family Housing Area of the Jimunai County Taxation Bureau. He was suspected of disturbing social order and detained by the Jimunai County Public Security Bureau on June 10, 2017. On July 17, 2017, he was arrested in accordance with the law with the approval of the Jimunai County People’s Procuratorate. He is currently living in detention in the Habahe County Detention Center.
Legal defense: Azez Qurban, Lawyer, Xinjiang Awam Law Firm
Legal defense: Nazigul Nuqinabi, Lawyer, Xinjiang Awam Law Firm
On June 29, 2018, in indictment No. 47 (2018), the Jimunai County People’s Procuratorate charged defendant Nurlan Pioner and defendant Tokhti Silam with the crimes of disturbing social order and obstructing law enforcement through the use of extremist forces, illegally possessing texts that promote extremism, and promoting extremism. After accepting the case on the same day, this court formed a jury panel in accordance with the law and opened a public hearing on July 23, 2018 in the First Hearing Hall of the Burqin County People’s Court. The People’s Procuratorate of Jimunai County appointed the deputy prosecutor Erbolat Qoshqar to appear in court to support the prosecution. Defendant Nurlan Pioner and his defender Bekbolat Qazin and defendant Tokhti Silam and his defenders Azez Qurban and Nazigul Nuqinabi attended the court proceedings. The trial has now concluded.
In the Jimunai County People’s Procuratorate Criminal Suit No. 47 (2018) indictment, the prosecution made the following allegations in court:
(1) Defendant Nurlan has illegally taught religion in his home and in other rented places over the period between 2003 and November 2014. On 17 different occasions he has taught 34 people from a range of different groups, including students, the general public, and officials. He has given illegal religious statements and lectures many times. He also took part in two illegal gatherings and preaching events arranged by the imam of the mosque in Madi Village, Saertamu Township, Habahe County, Ouken Maqmut, and by Medet Qabulghazi, a resident of Kaerzhao Township, Jimunai County.
(2) From 2011 to 2016, without regard for his religious role, the defendant Nurlan Pioner illegally conducted nikahs [Islamic marriage ceremonies] for 39 couples, a total of 78 people. Among the above-mentioned defendants, Nurlan conducted a nikah for Gulnisa Qurmash and Qurmanbek Qazez. When their relationship ended, he also declared their nikah invalid through illegal religious methods.
(3) The defendant Nurlan Pioner deliberately hid the books he bought and borrowed from others to teach the above-mentioned people religious laws and enrich his own religious knowledge. When the law enforcement agency started investigating, he hid the books in the house of his neighbor Talipahun to avoid investigation. Later, when he transferred them to his own house, they were discovered by the Jimunai County Public Security Bureau. On May 16, 2017, law enforcement officers seized a total of 112 books from the defendant Nurlan’s home, 93 of which were illegal publications. Among the seized books was a Kazakh-language memoir. The memoir was translated from the Uyghur language by the defendant Tokhti Silam. The Jimunai County Religious Affairs Special Review Committee determined that the contents of the diary contained extremist ideas. A book called The Existence of Allah and the Mystery of All Things was also determined by Xinjiang People’s Publishing House to be a book that promoted national separatism. Another Uyghur text called Garden of the Righteous was identified as an illegal publication promoting jihad in the review opinions of the Fuhai County Public Security Bureau.
(4) In 2003, the defendant Nurlan Pioner asked the defendant Tokhti Silam to help translate a book on Islamic education. The defendant Tokhti Silam translated the entire text of the illegal Uyghur book Muslim Brotherhood, which he bought in Ürümqi, into Kazakh and gave it to the defendant Nurlan. Between April and May 2011, the defendant Tokhti Silam translated two other Uyghur books into Kazakh and also gave them to the defendant Nurlan. One is the extremist religious propaganda text Islamic Education and the other is the illegal publication Quotations from Indian Imams. The Jimunai County Religious Affairs Special Review Committee also determined that the content of the translated memoir contained extremist ideas. In addition, the defendant Nurlan Pioner borrowed an illegal religious propaganda text called Garden of the Righteous from the defendant Tokhti Silam and gave it back to the defendant Tokhti Silam after reading it.
(5) In 1994, the defendant Tokhti Silam began studying religion in Haerluke Village, Togezhake County, Kashgar Prefecture. After returning to Altay in 1995, without any relevant qualifications, he started teaching defendants Nurlan Pioner and Erlan Pioner to read Arabic without permission and in an illegal location. Between 2011 and 2015, he preached to others four times in illegal locations, each time gathering more than 10 people. During this period, he also participated in proselytizing activities organized by others.
(6) The defendant Tokhti Silam deliberately concealed the books he bought and borrowed from others to enrich his religious knowledge. He also hid these books in a neighbor’s house to avoid investigation by law enforcement agencies. Later, when he transferred them to his own house, they were discovered by the Public Security Bureau. On May 19, 2017, law enforcement officers seized a total of 71 books from his home, 29 of which were illegal religious publications. Among these illegal publications was the book Islamic Education, which was identified by the Xinjiang Press and Publication Censorship Department as an extremist religious propaganda text. The Uyghur book Garden of the Righteous was identified as an extremist religious propaganda text through the case process and the evidence review opinions issued by the Fuhai County Public Security Bureau. The prosecution believes that, based on the above evidence, the above actions of defendant Nurlan Pioner and defendant Tokhti Silam have constituted the crime of disturbing social order, obstructing law enforcement by means of extremism, illegally possessing materials that promote extremism, and promoting extremism. The facts of the two defendants’ crimes are clear, according to Article 290, paragraph 1, Article 120-3, Article 120-4, Article 120-6, Article 25, and Article 26 of the Criminal Law of the People’s Republic of China. The request is to be sentenced in accordance with the law.
Defendant Nurlan Pioner’s plea and defense are as follows:
I am willing to plead guilty. There is no objection to the alleged crime. I did preach to others, but I did not promote extremism. I only explained how to do prayers and ablutions. I also conducted nikah ceremonies. However, it was not I who took the initiative to come to conduct nikahs. It was the parents of the newlyweds who invited me to conduct them, and they also asked for me to lead them in prayer. I had no other intentions. I took the wrong action only because of a lack of knowledge of the law. I request the court to deal with my crimes leniently in accordance with the law.
Defendant Nurlan Pioner’s legal defender Bekbolat Qazin’s defense opinions were as follows: We do not object to the alleged crime.
1. Defendant Nurlan Pioner’s lack of awareness of the rule of law was the cause of his crime. In 2000, the defendant Nurlan studied Islam at a mosque in Jimunai County, and in 2003 he obtained a qualification certificate and was selected to be a religious figure. He has been praised many times at both the county and district levels of government. Although the defendant Nurlan did not honor the support of the Party and the government that was given to him at all levels and relaxed his vigilance ideologically, he did little harm to society or national unity. Therefore, we hope that when sentenced by the court, the punishment can be mitigated by focusing on reeducation rather than incarceration.
2. Defendant Nurlan Pioner has a clear family background. His parents are herders who have lived in Jimunai for generations. They are proud of their hard work, abiding by the laws and regulations and loyal to the Party and government, have nothing more to ask for, and are harmonious. When sentencing, I hope this will be taken into consideration.
3. The defendant had a good attitude toward confession and was willing to plead guilty. The defendant had a confession that derived from his circumstance, and the confession and leniency provisions of Article 67, paragraph 3 of the Criminal Law allows that such circumstances be used for leniency. We ask the court to consider this.
4. This is the first time that the defendant has committed a crime, and he has no criminal record. And he has pleaded guilty with a good attitude. In the future when he is returned to society, I believe he will be a good citizen who abides by the law. Therefore, I hope that the court will adopt our suggestion and give him a lenient sentence.
The defense made by the defendant Tokhti Silam was as follows:
For the past 30 years, since I came to Jimunai County at the age of 16, I have been peaceful and gotten along with others. I am very grateful for the care of the Party and the government and am proud to be Chinese. Because of a superficial knowledge of the rule of law, I didn’t think I was breaking the law. If the court will give me a shorter sentence, I will change my thinking and behavior.
Defendant Tokhti Silam’s legal defenders, Azez Qurban and Nazigul Nuqinabi, put forward their defense opinions:
1. The defendant truthfully confessed his crime and is willing to plead guilty and repent. This is in line with the provisions of confession and leniency in Article 67, paragraph 3 of the Criminal Law.
2. It is the first time that the defendant committed a crime and he has no criminal record. He is not malicious. He just lacks a sense of the rule of law. He never thought that what he did would bring serious consequences to society, to himself, or to his family. He is willing to plead guilty and has confessed to criminal acts that the judicial department had not yet grasped. Through reading law books, he has an understanding of the harm caused by his actions.
3. It is important to determine the effect and influence on broader society as a result of the defendant’s actual criminal behavior. In recent decades, under the correct leadership of the Party and the government, industry, trade, education, medical, and other industries in Jimunai County have been developing steadily. During this period, no major incidents such as attacks and riots have occurred. From this point of view, it can be determined that the degree of harm caused by the defendant’s criminal behavior is not significant.
4. Judging from the year and a month of the criminal charges, all the crimes committed by the defendant occurred between 1994 and 1995 and between 2011 and 2015. At that time, the relevant laws and regulations had not yet been promulgated, and legal publicity work had not yet been implemented. Therefore, during this period there was a widespread lack of awareness of legal responsibilities in society. Every legal provision related to this case was announced and implemented after 2015. The Criminal Law of the People’s Republic of China Amendment (9) was released and implemented on August 29, 2015. The implementation date of the Counter-Terrorism Law of the People’s Republic of China was January 1, 2016. The Regulations of the Xinjiang Uyghur Autonomous Region on De-radicalization came into effect on April 1, 2015. It was only the Opinions on Several Issues Concerning the Application of Laws in the Handling of Terrorist Activities and Extremist Crimes from the Supreme People’s Procuratorate, Ministry of Public Security, and Ministry of Justice that was issued in 2014. Although the process of committing the crime in this case continued over time, and even if the determination of criminal responsibility is irrelevant, consideration should be given to the broader society and the related prevailing phenomena at the time. In short, the crime committed by the defendant Tokhti Silam was not serious and caused little harm. Even if the defendant’s behavior violated the law and requires sentencing, the defendant Tokhti Silam’s willingness to confess, the truthfulness of his confession of the crime, and his desire for repentance should also be considered.
At the trial, defendant Tokhti Silam’s household registration certificate and a copy of his resident ID card were presented to prove that the defendant’s place of origin was Tuoputiereke Township, Jimunai County.
Prior to the trial, these findings had been discovered:
(1) From 2003 to November 2014, the defendant Nurlan Pioner taught people to pray and learn to read Arabic in his home and other locations in Qikuoerjia Village, Tuoputiereke Township. Activities in these other locations were conducted at the request of defendant Nurlan Pioner and his students, Sara Topan, Ushqin Tashqayrat, Nurlibay Qongirbay, Kulshibra Maktipqan, Qarqinbek Qabilqan, and others. They rented a room from Jimunai County resident Erbol Mahumuer in the Jimunai County Water Conservancy Bureau. They also rented a room from Maqpul Ayqin and Janar Awelqan that belongs to the Hashash Saduwahasi that is in Apartment 402 on the second floor of the family residential building of the Industrial and Commercial Bureau of Jimunai County. The defendant Nurlan illegally preached 17 times to a total of 34 people from different groups, including students, the general public, and cadres, and he gave lectures many times. In January 2013, the defendant Nurlan Pioner became acquainted with Jedelihan, who came to the mosque in Jimunai County to attend prayer service. Jedelihan contacted him in February 2013 and organized the defendants Tokhti Silam, Erlan Pioner, Tolkun Nurhukamet, Arman Mawletbek, Kastergul Baqt, Gulnisa Qurmash, Altingul Kenjebulat, and others to take two cars to the mosque in Madicunting Village, Saertamu Township, Habahe County to hear the imam Ouken Maqmut deliver a religious lecture. From 2012 to 2013, the defendant Nurlan Pioner lived in his old house in Qikuoerjia Village, Wulasitai Township, Jimunai County. He listened to religious lectures twice from Medet Qabulghazi, who was a resident of Kaerzhao Township, Jimunai County, along with defendant Tokhti Silam, Hanashi Kanahat, Qilem Qoshqar, Arman Mawletbek, Kunbolat Habusat, Tolkun Nurhukamet, Gulnisa Qurmash, and others.
(2) From 2012 to 2016, the defendant Nurlan Pioner conducted nikah ceremonies for 39 couples, a total of 78 people, in a religious manner. Among them, 13 couples, a total of 26 people, conducted their nikah before receiving their marriage certificate, while 11 couples, a total of 22 people, conducted their nikah after obtaining their marriage certificate.
(3) The defendant Nurlan Pioner deliberately concealed books he bought and borrowed from others to teach the above-mentioned people religious laws and enrich his religious knowledge. When the law enforcement agency started investigating, he hid the books in the home of Talapuhan, a neighbor in Nuhelei Village, Tuoputiereke Township, to avoid them being discovered. Later, when he transferred them to his house, they were discovered by the Jimunai County Public Security Bureau. On May 16, 2017, law enforcement officers seized a total of 112 books from the defendant Nurlan’s home, 551 of which were illegal publications. Among the seized books was a blue Kazakh memoir numbered 27. The diary was translated from Uyghur by the defendant Tokhti Silam. The Jimunai County Religious Affairs Special Review Committee determined that the contents of the diary contained extremist ideas. The Existence of Allah and the Mystery of All Things was determined by the Xinjiang Press and Publications Review Department (2004) No. 19 Review Opinion to be a book that promoted national separatism. Another Uyghur text called Garden of the Righteous was identified as an illegal religious propaganda text advocating extremism in the review opinions of the Fuhai County Strike Hard Working Group Office.
(4) In 2003, the defendant Nurlan Pioner asked the defendant Tokhti Silam to help translate a book on Islamic education. So the defendant Tokhti Silam translated the entire text of the illegal Uyghur text Muslim Brotherhood that he had bought in Ürümqi into Kazakh language and gave it to defendant Nurlan Pioner. He also transcribed half of a translation of the Uyghur book The Influence of Islam in a blue notebook and gave it to the defendant Nurlan, who kept the original. From April to May 2011, the defendant Tokhti Silam translated the remaining half of the Uyghur book The Influence of Islam and the Uyghur version of Quotations from Indian Imams into Kazakh, and copied them into a notebook that he purchased himself and gave to defendant Nurlan Pioner. The book The Influence of Islam was recognized by the Xinjiang Press and Publications Review Department (2005) No. 8 Review Opinion as a propaganda publication that promoted extremism. The Kazakh translation of Quotations from Indian Imams delivered by defendant Tokhti Silam to defendant Nurlan Pioner was determined by the Jimunai County Religious Affairs Special Review Committee to contain extremist ideas. In addition, the defendant Nurlan borrowed the book Garden of the Righteous from the defendant Tokhti Silam, and after reading it, he returned it to defendant Tokhti Silam. This book was identified as an illegal religious propaganda publication that promoted extremism.
(5) The defendant Tokhti Silam studied religion in Haerluke Village, Togezhake County, Kashgar Prefecture. After returning, without any relevant qualifications, he started teaching the defendants Nurlan Pioner and Erlan Pioner to read Arabic without permission between 1994 and 1995 in illegal locations. From 2011 to 2012, when the defendant Tokhti Silam went to the old house of Nurlan Pioner in Qikuoerjia Village, Wulasitai Township, Jimunai County to attend a family banquet as part of the winter slaughter, he gave lectures three times to defendant Nurlan Pioner, Tolkun Nurhukamet, Arman Mawletbek, Gulnisa Qurmash, Ali Ermuqan, and others. In 2015, Defendant Tokhti Silam was in the new house of defendant Nurlan Pioner in Tuhelaxi Village, Ulasitai Town, and preached illegally to defendants Nurlan Pioner, Kunbolat Habusat, Hanaxi Kanahati, Tolkun Nurhukamet, Heileimu Kuoshenhaer, and others. In January 2013, defendant Tokhti Silam, under the organization of defendant Nurlan, cooperated with Erlan Pioner, Tolkun Nurhukamet, Arman Mawletbek, Kasitgul Baqt, Gulnisa Qurmash, Altingul Kenjebulat, and others and took two cars to Madi Village, Saertamu Township, Habahe County to listen to the lectures of the village mosque’s imam, Ouken Maqmut. Also, from 2012 to 2013, when the defendant Nurlan Pioner was living in his old house in Qikuoerjia Village, Wulasitai Township, Jimunai County, he listened to lectures by Medet Qabulghazi, a resident of Kaerzhao Township, Jimunai County, two times with Qanash Nurmuhamet, Gulnisa Qurmash, and others. The defendant Tokhti Silam heard illegal preaching by others three times.
(6) The defendant Tokhti Silam deliberately concealed the books he bought and borrowed from others to enrich his religious knowledge. He hid the books in the home of his neighbor, Abudureshit Kenjeqali, who lives in Tuoputiereke Township, Jimunai County, to avoid investigation by law enforcement agencies. Later, when he transferred them to his own house, they were discovered by the Public Security Bureau. On May 19, 2017, law enforcement officers seized a total of 71 books from his home, according to law, 29 of which were illegal religious publications. Among these illegal publications, the book Islamic Education was determined by the Xinjiang Press and Publications Review Department (2005) No. 8 Review Opinion to be extremist religious propaganda text. The book titled The Dawn of the Dark Night was also identified as an illegal publication by the Xinjiang Press and Publication Review Department (2004) No. 130 Review Opinion. The Uyghur text Garden of the Righteous was also identified as an extreme religious propaganda text by the review opinion of the Fuhai County Strike Hard Working Group Office. The book Soul and Body (Voice of the Heart) was identified as an illegal publication of religious propaganda by the Xinjiang News Publications Review Department (2004) No. 128 Review Opinion.
The above-mentioned facts were confirmed by the public prosecution agency in court trial and through cross-examination. The following evidence was also confirmed by this court:
1. Documentary evidence:
(1) Jimunai County Public Security Bureau No. 3 case registration form (2017), case filing decision (2017); No. 24 detention certificate (2017); No. 30, 31 detention notice (2017); notice of extension of detention period on the 14th and 20th (2017); No. 7 and 8 arrest decision (2017); No. 7 and 9 arrest notice, interrogation certificate, Jimunai County Public Security Bureau approval of arrest suggestions, Jimunai County Public Security Bureau No. 7 and 8 arrest warrants (2017); Jimunai County Public Security Bureau No. 43 indictments (2017); items to be transferred with the case, list of documents, translation center legal business certificate, and other evidence confirm the Jimunai County Public Security Bureau case-handling procedures are legal.
(2) A household registration certificate issued by the Jimunai County Public Security Bureau on May 19, 2017 confirmed that the defendant Nurlan Pioner was born on June 28, 1968 and was 49 years old. He was at the age of criminal responsibility.
(3) Jimunai County Religious Affairs Bureau issued a certificate confirming that the defendant Nurlan Pioner was approved by the Jimunai County Religious Affairs Committee to study at the county mosque from 2000 to 2003. He obtained a religious qualification certificate in 2012, the certificate number is ■■■■■■■■.
(4) On June 2, 2017, the Standing Committee of the People’s Congress of Wulasitai Township, Jimunai County, issued a certificate to the Public Security Bureau of Jimunai County, confirming that the defendant Nurlan Pioner was the representative of the 1st People’s Congress in Wulasitai Township in 2016.
(5) The notice issued by the Jimunai County Public Security Bureau on June 10, 2017, confirms that the Jimunai County Public Security Bureau issued a notice to the Wulasitai Township People’s Congress Committee on June 10, 2017, informing of the detention of Nurlan Pioner in accordance with the law.
(6) The Jimunai County Religious Affairs Commission issued the defendant Nurlan Pioner’s basic information certificate on June 21, 2017, confirming that the defendant Nurlan Piwuner was elected as a religious figure in 2002. He obtained a religious qualification certificate in 2012, the certificate number is ■■■■■■■■. He participated in the Third Training of Patriotic Religious Persons in Altay Region in November 2009, and in January 2012, he participated in the Training of Patriotic Religious Persons in the Autonomous Region. The Commission confirmed that the Jimunai County Religious Affairs Bureau trained the defendant Nurlan Pioner to become a patriotic religious person, and explained that the defendant knows how to handle religious affairs in accordance with national laws and regulations as a religious person.
(7) The Management Resolution issued by the Wulasitai Township People’s Congress Committee on July 3, 2017 confirms that the Wulasitai Township People’s Congress Committee met on July 2, 2017 and decided to dismiss the defendant Nurlan Pioner from his representative position in the People’s Congress. This proves that the defendant Nurlan Pioner’s position as a representative to the People’s Congress was revoked according to law.
(8) A certificate issued by Jimunai County Middle School confirms that among the seven people who were taught by the defendant Nurlan Pioner were Dynar Ekpin, Maqpal Ayqin, and Janar Awelqan, who were students at Jimunai County Middle School between September 2012 and June 1, 2015.
(9) The Mosque in Tuoputiereke Township, Jimunai County took a calendar photo showing the dates from 2013 to 2016, confirming that the Night of Qadr in 2013 was August 3, 2013; the Night of Qadr in 2016 was July 1, 2016.
(10) The National Security Team of the Jimunai County Public Security Bureau released the criminal record of the defendant Nurlan Pioner on November 8, 2017, which confirmed that the defendant Nurlan Pioner had no prior criminal record.
2. Witness testimony:
(1) Testimonies from the witnesses Nurlibay Qongirbay, Ulan Qabulqan, Omerbek Aitken, Qilem Qoshqar, Kenchibek Sultanbek, Serik Qilen, Jaris, Tolkun Nurhukamet, Qalybek Tabighat, Erlan Ziynelghazi, Ayben Qabiken, Saltanat Murat, Kastergul Baqt, Arman Mawletbek, Gulnisa Qurmash, Altingul Kenjebulat, Dynar Ekpin, Maqpal Ayqin, Aray Irimqan, Janar Awelqan, and others prove that the above-mentioned persons learned to pray from defendant Nurlan Pioner.
(2) Testimonies from the witnesses Tolkun Nurhukamet, Arman Mawletbek, Erlan Pioner, Kastergul Baqt, Gulnisa Qurmash, Altingul Kenjebulat, and others prove that the above-mentioned persons followed the defendant Nurlan Pioner to the imam Ouken Maqmut of Tingcun Mosque in Madi Village, Saertamu Township, Habahe County.
(3) The testimony transcripts of the witnesses Altingul Kenjebulat and Saltanat Murati prove that Altingul and Saltanat were students when they observed the Night of Qadr, broke the fast, and prayed with defendant Nurlan Pioner’s family in 2014.
(4) The transcript of the testimony of the witness Qaisa Tangghai proves that the defendant Nurlan Pioner conducted religious activities in places other than the mosque.
(5) Witness Qanash Sadwaqas has a rental contract and testimony transcript proving that Hanaxi Saduwahasi’s property, which was located in Room 402, Building 2, Jimunai County Industrial and Commercial Bureau from June 1 to August 12, 2014, was rented by witnesses Janar Awelqan and Maqpal Ayqin. Defendant Nurlan Pioner continued to teach the students to pray after May 2014. The place where the Night of Qadr observance was held was the house that the two witnesses rented.
(6) The testimony transcripts of the witnesses Jedelqan Qudayyergen and Ouken Maqmut prove that seven or eight people, led by the defendant Nurlan Pioner, went to a town called Kokotumsk in Habahe County to listen to Imam Ouken’s lectures in the house of Jedelqan Qudayyergen.
(7) The No. 8 and No. 11 pamphlets confiscated from the defendant Nurlan Pioner, the testimony transcript, and copies of the marriage certificates from the witnesses Nurjan, Halimjan Telimjan, Nurjan Silamqari, Erkenbek Siderbay, Merjan Halimjan, Asimqan Tusipqan, Chengis Sultan, Halibek Tabihat, Nurgul Amerqan, Halan Ayitan, Gulmila Merken, and Humar Muqan prove that the above-mentioned people asked the defendant Nurlan Pioner to conduct nikah ceremonies for them in a religious manner before receiving their marriage certificates.
(8) The registration cancellation certificate and copy of the marriage certificates from the witnesses Aygul Memet, Abuikeyum Tuluk, Goha Ershan, Kasit Azhatqan, and Sarjan Beybatola prove that the above-mentioned people asked the defendant Nurlan Pioner to conduct nikahs for them in a religious manner before receiving their marriage certificates.
(9) The testimony transcript and copies of marriage certificates from the witnesses Hundek Abulghazi, Gulbahet Haliyula, Erbol Jinerbek, Zangeer Omerjan, Manar Guljark, Hatila Omerbek, and Alai Eremuqan proved that the defendant Nurlan Pioner did not verify whether they had received marriage certificates before conducting nikahs for the above-mentioned persons.
(10) The testimony transcript of the witness Gulnisa Qurmash proves that Gulnisa asked the defendant Nurlan Pioner to conduct a nikah for her and her fiance, Qurmanbek, in June 2015 in Habahe County, and then she broke up with him without regard for an annulment by Nurlan Pioner.
(11) Witness Serik Baqit’s interview transcripts prove that in the winter of 2013, defendant Nurlan Pioner’s younger brother, Qylan Pioner, requested to bring people to Habahe County. The defendants Nurlan Pioner, Qylan Pioner, Tolqin Chane, and five other people used the witness Serik’s car when they went to Habahe County to listen to Ouken’s lectures.
(12) The transcript of the interviews of the witness Gulnisa Qurmash proves that in the autumn of 2012, Gulnisa and Layla Erbulat became acquainted with the defendant Nurlan Pioner and studied how to pray with him for more than 20 days. It proved that in 2013, he observed the Night of Qadr with seven female students in defendant Nurlan Pioner’s home. They also listened to Nurlan Pioner’s lectures. “In February 2013, I followed Nurlan to Habahe County to listen to Imam Ouken’s lectures. After listening, the men and women prayed separately.” While there, Gulnisa was given a book called The Status of Women and prayed at an illegal location. This proves that the defendant Nurlan Pioner illegally taught others to worship and that this has had a huge social impact on women engaging in illegal religious activities.
(13) Three transcripts of the conversation and three interrogation transcripts of the witness Ushqin Tasqairat, two transcripts of the conversation, and two interrogation transcripts of the witness Nurilbay Kongerbay prove that in January 2014 Nurlan Pioner said that after he was no longer able to teach others to pray in his home. The witnesses Sara and Kulshyradar, who were learning to pray at that time, rented Erbol Maghumir’s apartment in the Jimunai County Water Resources Bureau in order to observe the Night of Qadr in July 2014 with other people. This proves that the defendant Nurlan Pioner illegally taught others to worship, which has a huge social impact on others engaging in illegal religious activities.
(14) Two transcripts of interviews and three interrogation transcripts of the witness Kunbolat Habusat prove that Kunbolat learned how to pray with the former imam Erzhat of the Mosque in Tuoputiereke Township, Jimunai County around 2000, started to attend the Friday prayers in 2011, and recited two chapters [surahs in the Quran] with the defendant Nurlan Pioner in 2013. When they were at Nurlan’s house, they saw Nurlan and other girls who were praying.
(15) Two transcripts of the witness Asygul Awbakir prove that Asygul sold books such as Arabic, Rules of Prayer, The Road of Prayer, A Brief Science of Scripture, and Theology Only in a store next to the rural credit cooperatives in Jimunai County from 2009 to 2010. They prove that the Arabic textbooks used by the defendant Nurlan Pioner to teach others to pray were purchased in this shop.
3. The defendant’s confession and defense: 13 transcripts of the defendant Nurlan Pioner’s confession prove that the defendant became a religious figure in 2003 and obtained the qualification certificate of legal religious person in 2012.
Proof: The defendant illegally taught 33 people to pray in Arabic on seven occasions between November 2003 and March 2014.
Proof: After January 2014, after being informed by law enforcement agencies that it is illegal to teach at home, another location was rented to five people and he continued teaching for up to two months. He acknowledges that he secretly taught seven students in 2013.
Proof: The defendant organized three trips to Habahe County to listen to the lectures of Imam Ouken in 2013.
Proof: From 2013 to 2016, the defendant conducted nikah ceremonies for 33 couples and a total of 66 people. Among them, Gulnisa and Qurmanbek did not have a legal marriage certificate and later broke up, according to the testimony of the defendant.
Proof: The defendant read the books translated by defendant Tokhti Silam from the end of 2004 to the beginning of 2011, and these books had a great influence on his thinking.
Proof: The defendant obtained a multimedia card containing Uyghur religious sayings from Tokhti in 2004, and a book that the defendant gave to him was never seen by others.
Proof: The defendant learned to read Arabic from defendant Tokhti from 2000 to 2001.
Proof: In July 2004, the defendant taught girls such as Dynar Ekpin, Maqpal Ayqin, Janar Awelqan, and others to pray in a rented room, the family residence area of the Jimunai County Bureau of Industry and Commerce. They observed the Night of Qadr together, and when they moved to a new house, they conducted a dua [a prayer of supplication].
4. On-site inspection of transcripts, identification of transcripts, audiovisual texts: (1) The Jimunai County Public Security Bureau searched the residence of the defendant Nurlan Pioner on May 17, 2017. On-site inspection of transcripts, identification transcripts, audio-visual texts, and defendant’s residence inspection transcripts, when evaluated according to the two seizure decisions, two seizure lists, and 90 types of listed seizures, resulted in four USB flash drives, one blackboard, one pen reciter, one laptop computer mainboard, one laptop, four mobile phones, and one video player. The remainder were books, printed manuscripts, and some notebooks.
Proof: The residence of the defendant Nurlan Pioner was searched, and the seized items were photographed for evidence.
(2) 13 photos taken by the Public Security Bureau, four recognizable transcripts.
Proof: Defendant Nurlan Pioner identified the diary and other books involved in the case that were translated by defendant Tokhti Silam, as well as the source of these articles and the transcripts that were made.
5. Jimunai County Public Security Bureau household registration certificate:
It was issued on June 12, 2017, confirming that the defendant Tokhti Silam was born on October 16, 1970, is 47 years old, and is at the age of criminal responsibility.
6. Criminal record:
The criminal record of the defendant Tokhti Silam was released by the National Security Brigade of the Jimunai County Public Security Bureau on November 8, 2017, confirming that the defendant Tokhti Silam had no criminal record.
7. Transcript of testimony of relevant witnesses:
(1) Transcript of the testimony of the witness Nurlan Pioner.
Proof: Defendant Tokhti Silam taught Erlan Pioner to read Arabic and how to pray in 2001, and he took defendant Nurlan Pioner to Habahe County to listen to the preaching of Imam Ouken.
Proof: This is proof that defendant Tokhti Silam taught others to pray, and also proves that Nurlan Pioner went to Habahe County to listen to other people’s preaching.
8. On-site inspection of transcripts, identification of transcripts, audiovisual texts:
The Jimunai County Public Security Bureau searched the defendant Tokhti Silam’s residence and store and Abudureshit’s warehouse. As part of this process they produced four inspection certificates, three inspection transcripts, four seizure decisions, and four seizure lists. The defendant Tokhti Silam’s house held 11 books, two mobile phones, one prayer rug, and one USB flash drive. One additional mobile phone and three other books were confiscated from the defendant Tokheti Silam’s store. An additional two boxes of books were held in Abudureshit’s home, from which a total of 29 books were confiscated. The Jimunai County Public Security Bureau produced nine transcripts and 18 photos from the inspection process.
Proof: Items were held by the defendant Tokhti Silam. Based on the physical evidence in defendant Tokhti Silam’s home, he was arrested on the spot during the search.
9. Assessment opinions:
(1) The contents of the book translated by the defendant Tokhti Silam for the defendant Nurlan Pioner from pages 116 to 149 were reviewed by the Xinjiang Press and Publication Review Department (2005) No. 8. They identified the book as an extremist religious propaganda text. If the idea of “jihad” spreads in society, it will encourage the growth of extreme religious ideas. It will seriously undermine social stability, national security, and national unity.
Proof: The person who collects and distributes this book should bear the relevant legal responsibilities.
(2) Pages 138-139 of the book The Existence of Allah and the Mystery of All Things collected by the defendant Tokhti Silam contain content which propagates jihad, which proves that this book promotes ethnic division and should be confiscated.
(3) Two copies of the book Education of Love collected by the defendant Tokhti Silam were determined by the Xinjiang Press and Publication Review Department (2004) No. 134 Review Opinion to be illegal publications used in religious propaganda.
(4) The book Dawn of the Dark Night, collected by the defendant Tokhti Silam, was identified as an illegal publication by the Xinjiang Press and Publication Review Department (2004) No. 130 Review Opinion.
(5) The book Soul and Body (Voice of the Heart), collected by the defendant Tokhti Silam, was identified as an illegal religious propaganda publication according to the Xinjiang Press and Publication Review Department (2004) No. 128 Review Opinion.
(6) The Uyghur text Garden of the Righteous, collected by the defendant Tokhti Silam, was identified as an extreme religious propaganda text by the review opinion of the Fuhai County Strike Hard Working Group Office.
(7) From July 15, 2017 to July 28, 2017, the Jimunai County Religious Affairs Special Review Committee examined 71 books from the hands of the defendant Tokhti Silam and three mobile phones with recovered data (No. 21, No. 41, and No. 43) for further investigation. It was found that the mobile phone number of the defendant Tokhti Silam was ■■■■■■■■■■■. The ICCIO model phone had 618 text messages, 39 pictures, and 152 text messages. The QQ account with the registration number ■■■■■■■■■■ and username Toliq Arman, and the WeChat account used by the defendant’s eldest son: “Borish” and “Slamjan17.” There was also a WeChat account of the defendant Tokhti Silam with the number ■■■■■■■■■■■■■. There were 87,476 messages in these two WeChat accounts: Among them, there are 9,962 contacts in the address book records (450 friends, 754 public accounts, 8,758 others), 29,969 moments [posts], 811 favorites, and 38,137 recorded chats (7,903 friend chat records, 7,776 group chat records, 22,458 public accounts), 1,758 pictures, 2,056 audio recordings, 184 videos, and 810 recovered deleted data posts. Defendant Tokhti Silam’s other mobile phones (No. 21, No. 41, and No. 43) could not be turned on and relevant inspections were not conducted.
The following are findings based on the assessment of the above content.
Proof: The above content had extreme religious content that endangered national unity and social stability, and has violated relevant national laws and regulations. Among the 71 books collected by the defendant Tokhti Silam, 48 were legal. The remaining 29 are illegal publications. Of these 29 illegal publications, 28 were written in Arabic and the other one was written in Uyghur. Due to limited knowledge and understanding of these languages, no appraisal opinion was proposed.
Proof: The defendant Tokhti Silam collected a lot of illegal books.
(8) The manuscript version Memoir No. 27 was translated by the defendant Tokhti Silam to the defendant Nurlan Pioner. The memoir reads: “Women should not wear modern clothes that expose their bodies. They should wear modest dresses and headscarves. Children should start learning to read the Quran at the age of 7. Children can receive corporal punishment if they are still not obedient up to the age of 10. They should not listen to music. Men should grow beards. They should strive to liberate Israel from the Jewish people. It is a sin for Muslims not to force them away. Every ethnic group should wear their own traditional attire, and the attire of other ethnic groups should not be worn. It is necessary to deepen children’s antipathy toward Jewish people,” and other content, which proves that the above content violates Article 5, Article 38, and Article 40, paragraphs 2, 3, and 4 of the Regulations on Religious Affairs of the Xinjiang Uygur Autonomous Region; it also violates Article 2, Article 4, Article 5, and Article 754 of Section 2 of the Regulations on De-radicalization of the Xinjiang Uygur Autonomous Region.
Proof: The text translated for the defendant Nurlan Pioner is an extremist religious text. This is proof that the defendant Tokhti Silam’s translation, copying, and dissemination of the book had a very bad influence.
In summary, our court believes the following:
From 2003 to November 2014, the defendant Nurlan Pioner illegally taught 34 people at illegal locations on 17 occasions and organized others to listen to illegal preaching on three occasions. His actions constituted the crime of gathering a crowd to disturb social order.
From 2011 to 2016, he conducted nikah ceremonies for a total of 39 pairs of 78 people. These actions constituted the crime of using extremism to undermine law enforcement.
Defendant Nurlan Pioner asked Defendant Tokhti Silam to translate Memoir No. 27, which has been designated as a text that propagates extremism. His actions constituted the crime of propagating extremism.
Defendant Nurlan Pioner had the illegal Uyghur books Muslim Brotherhood, The Influence of Islam, Quotations from Indian Imams, and other texts that were translated into Kazakh language. They were determined to be texts that promote extremism. His behavior has constituted the crime of illegal possession of items propagating extremism and terrorism.
Defendant Tokhti Silam taught illegal Arabic scripts to Nurlan Pioner and Erlan Pioner, the residents of Wulasitai Township, Jimunai County, from 1994 to 1995. From 2011 to 2015, he illegally taught nine people on four occasions, and listened to illegal lectures at illegal places three times with others. His behavior has constituted the crime of gathering a crowd to disturb social order.
Defendant Tokhti Silam translated the illegal Uyghur books Muslim Brotherhood, Influence of Islam, Quotations from Indian Imams, and others, as well as Memoir No. 27. The content of those books has designated them as texts that propagate extremism, and his behavior has constituted the crime of propagating extremism.
Love Education, Islamic Education, Dawn of the Dark Night, Soul and Body (Voice of the Heart), Garden of the Righteous, and other illegal Uyghur texts collected by defendant Tokhti Silam were classified as illegal publications with extremist content. His behavior has constituted the crime of illegal possession of items propagating extremism and terrorism.
Defendant Nurlan Pioner and defendant Tokhti Silam committed the crimes of disturbing social order, propagating extremism, and illegally possessing articles that propagate extremism. The crimes committed in this case are joint crimes. The two defendants committed the same crime and should be punished severely. The facts and accusations charged by the People’s Procuratorate of Jimunai County were established, and the use of legal terms was appropriate, and confirmed by this court. The facts of the case are clear and the evidence is indeed sufficient.
The defense opinion of the defendant Tokhti Silam, such that the defendant has voluntarily confessed, has no legal and factual basis, and should not be adopted and should be rejected. According to Article 290, paragraph 1, Article 120-4, Article 120-3, Article 120-6, Article 25, Article 69, paragraph 1 and 3 of the Criminal Law of the People’s Republic of China, the verdict is as follows:
1. The defendant Nurlan Pioner committed the crime of disturbing social order and has been sentenced to seven years in prison.
He also committed the crime of using extremism to undermine law enforcement and has been sentenced to five years in prison and a fine of 5,000 renminbi.
Due to his crime of propagating extremism, he has been sentenced to five years in prison and a fine of 5,000 renminbi.
The execution of the sentence is imprisonment for 17 years, and a total fine of 15,000 renminbi (the fine must be paid within three months from the date the sentence is confirmed; the term of sentence shall be calculated from the day when the sentence is confirmed).
2. Defendant Tokhti Silam has been sentenced to five years in prison for the crime of disturbing social order.
Due to his crime of propagating extremism, he has been sentenced to five years in prison and a fine of 5,000 renminbi.
He was convicted of illegal possession of articles promoting extremism. He has been sentenced to three years in prison and fined 5,000 renminbi.
The execution of the sentence is 11 years imprisonment and a total fine of 10,000 renminbi (the fine must be paid within three months from the date when the sentence is confirmed; the sentence period shall be calculated from the date the sentence is confirmed).
Before the execution of the sentence, one day of the detention date of the detainee can be converted into one day of the sentence. So the sentence period is from June 10, 2017 to June 9, 2028.
If you disagree with this judgment, you can appeal through this court or directly to the Altay Prefecture Intermediate People’s Court within 10 days from the second day of receipt of the judgment. In case of a written appeal, one original and two copies of the appeal petition shall be submitted.
Presiding Judge: Jalin Yimantai
Judge Jayna Quman
Judge Janar Qabdulla
August 31, 2018
Court clerk: Mamerqan Amibay
- When these illegal publications are mentioned earlier in the document they are numbered at 93.↩
Correction: A previous version of this translation misstated the number of Article 290 of the Criminal Law of the People’s Republic of China. The text has been edited to state the correct article number and corresponding paragraphs.