![]() Twelve men accused of ESS are publicly sentenced in Yili (Ili) Kazakh Autonomous Prefecture, Xinjiang, September 18, 2008. Photo credit: iyaxin.com |
In 2008 the Xinjiang Rule of Law Leading Small Group published a policy document examining a number of challenges faced by prison authorities in managing the region’s prisoners serving sentences for endangering state security (ESS). The first two sections of the document are translated below. They discuss the climate surrounding Xinjiang prison work and the psychological profiles of ESS prisoners. The last two sections of the document, focusing on how to better reform ESS prisoners, will be translated in an upcoming post.
The document focuses on external factors, like increasing US attention to the “Xinjiang question” and the “three forces” of ethnic separatism, Islamic extremism, and terrorism. Also mentioned are internal factors, such as an insufficient number of prison police, a shortage of funds, and outdated facilities.
Over the years, Dui Hua has drawn on evidence from a variety of open-source documents to conclude that Xinjiang accounts for a considerable proportion of the nation’s ESS arrests, indictments, and trials. In 2008, Xinjiang accounted for more than 75 percent of ESS arrests and 82 percent of ESS indictments nationwide. In the first 11 months of that year, Xinjiang’s procuratorate reported that 1,295 individuals were arrested and 1,154 were indicted for ESS crimes in the region. Between 2008 and 2010, Xinjiang, which accounts for less than two percent of China’s population, accounted for 50 percent of the nation’s first-instance ESS trials. In 2013 and 2014, Xinjiang conducted about 300 ESS trials of first instance each year.
The large number of ESS cases in Xinjiang is connected to the region’s complex history; diverse population; and geo-strategic importance, bordering Russia and Central Asia on China’s northwest. The emergence of independent Central Asian states after the collapse of the Soviet Union and the spread of Islamic ideologies have heightened Chinese authorities’ concerns about stability in the region. Authorities in Xinjiang see themselves as engaging in an ongoing battle against the “three forces.” In their view, what hangs in the balance is the stability of Xinjiang and the allegiance of the region’s 10 million Uyghurs—an ethnically Turkic, culturally distinct, and predominantly Muslim people who have been the main inhabitants of the region for more than 1,000 years.
The document describes the “American Factor” as a “constant threat” to Xinjiang’s social and political stability. It mentions US support for nonviolent resistance movements, or color revolutions, in Central Asia and notes that religious extremism has flourished in countries where color revolutions occurred. US interest in human rights in Xinjiang, particularly its criticism of controversial ESS cases like that of Ilham Tohti, remains a point of contention in US-China relations. China continues to see such attention as interference in its domestic affairs, and accuses the United States of a “double standard” in combatting terrorism for its penchant to draw attention to Chinese policies that marginalize and criminalize Uyghur culture in its response to ethnic clashes in Xinjiang.
Tensions between Han Chinese and Uyghurs flare up periodically as protest. Some of the protests turn violent, as in the deadly riots that erupted in Ürümqi in July 2009. In recent years official media have reported an increasing number of violent incidents in the region. Xinjiang police counted over 190 “terrorist” attacks in 2012. Authorities have also implicated Uyghurs in incidents outside the remote western region, including Beijing’s Tiananmen car crash in October 2013 and knife attacks at Kunming and Guangzhou train stations in 2014 and 2015, respectively. Law enforcement has responded by tightening controls on religious and cultural activities and cracking down on “infiltration” by trans-national radical groups.
One of the radical groups named in the paper is Hizb ut-Tahrir, or Party of Liberation. Many countries have banned the group. Chinese government records show that a substantial proportion of ESS cases are attributed to Hizb ut-Tahrir. For example, in 2010, police in Kashgar identified 522 people for their involvement with Hizb ut-Tahrir, compared with just 47 people involved with the East Turkestan Islamic Party. That said, independent media reports documenting Hizb ut-Tahrir activity in Xinjiang are scarce.
Moving to psychological profiles, the document distinguishes different segments of Xinjiang’s ESS prisoner population by factors such as age, level of education, and exposure to religious ideas. The profiles suggest the need for differentiated strategies of “education and reform.” Prison authorities put considerable emphasis on the need to “convert” ESS offenders and replace their “bigoted” and “reactionary” ideas about ethnicity, religion, and history with proper Marxist understandings that reduce antagonism towards the party-state.
On the Current Situation and Countermeasures for Reform of
ESS Prisoners under the New Circumstances [Excerpt]
August 4, 2008
[The second two sections of this document are translated here.]
Summary: At present, reforming endangering state security (ESS) prisoners is an arduous and extremely difficult task. ESS prisoners in Xinjiang prisons display new characteristics in their opposition to reform. Their tactics have shifted from open opposition to a pretense of active obedience to management. [This makes] their actions more hidden, their nature more evil, and their threat more serious. For these reasons, we absolutely must not let down our guard and need to draw up a series of targeted, effective strategies and measures that will enable our work to be transformed from passive to active thereby fundamentally safeguarding the safety and stability of our prisons.
Keywords: ESS prisoners, individualized education, “four prevents,” improvement, stability
For many years, the work by Xinjiang prisons to reform ESS prisoners has been carried out according to the instructions and requirements of the central and regional [governments], closely adhering to the aims of prison work, putting the focus on raising the quality of prisoners’ education and reform, maintaining an emphasis on ensuring prison security and stability, and continually studying the education and reform methods and measures for ESS prisoners under the new circumstances. [In this way,] we have successfully converted a large number of ESS prisoner leaders and core members, protected the ordinary reform order inside the prisons, ensured the security and stability of the prisons, and achieved the targets of “admission” and “management.” But the current environment means that the situation facing Xinjiang prison work remains extremely serious and gives no cause for optimism. In particular, the task of reforming ESS prisoners is extremely difficult and reveals a number of new circumstances that must be given full attention and new problems that must urgently be resolved.
I. The Situation Facing Xinjiang Prison Work
For many years, Xinjiang prison correctional officers have undergone continuous study and training, and there has been a clear improvement in law-enforcement capabilities and standards among correctional officers of all ethnicities. With respect to prison management and [prisoner] reform, they have employed strong measures and methods, repeatedly uncovered many cases involving plans by ESS and [ordinary] criminal prisoners to attempt escape, violence, or prison break. [Prisoner] reform order is good inside the prisons. However, there remain elements that affect the security and stability of Xinjiang prisons, and mutually intertwined, complex, and variable characteristics have appeared, bringing great pressure and challenges to efforts to maintain prison stability.
- Complex and changing international environment, rising terrorist threat, and new expressions of hegemonism and power politics. “American Factor” is a constant threat to Xinjiang’s social and political stability.In recent years, the United States has paid increasingly direct and increasingly specific attention to the so-called “Xinjiang Question.” [The issue has been raised] at higher and higher levels, the scope has been increasingly broad, and knowledge has continuously increased, with the main focus involving Xinjiang’s human rights, ethnic, and religious problems. [The United States] is scheming to integrate ethnic separatist forces, increase the intensity of infiltration and sabotage in Xinjiang, and quicken the pace of “internationalizing the Xinjiang Question.” It is attempting to carry out a “peril from the east.”[1] Since 2005, the nations bordering Xinjiang have experienced a series of “color revolutions” carried out with planning and support from the United States. In these countries, social control has become weaker, religious extremist ideology has prevailed, and violent terrorist activity has been rampant, making the situation more and more complex in the area surrounding Xinjiang.
- “Three forces” remain fully active inside and outside ChinaAt present, the activities of the “three forces” [i.e., ethnic separatism, religious extremism, and terrorism] inside and outside China are most evident in three areas: first, further acceleration of the pace of uniting together, nationalizing, and politicizing; second, active plots of violent terrorist sabotage activity; and third, intensified incitement of public opinion and ideological infiltration. Each provides evidence that the “three forces” inside and outside China are currently plotting more sinister criminal activities and are capable of carrying out violent terrorist acts at any time, with prisons serving as one of their main targets of attack and sabotage.
- Renewed Activity of “Hizb ut-Tahrir”“Hizb ut-Tahrir” [Party of Liberation] is a transnational extremist political organization pursuing Islamic fundamentalism. While our government has struck back at its organized infiltration efforts numerous times, [Hizb ut-Tahrir] has been unwilling to accept defeat and has unceasingly engaged in sabotage activities in Xinjiang. Compared to the past, its organization has undergone a number of major changes, with increasingly apparent [efforts at] “localization,” “party building,” and “violence.”
- Serious lack of correctional officers, serious imbalance of officer-prisoner ratioThe seriously insufficient [number] of correctional officers has already become a major factor influencing the security and stability of prisons and hindering the improved quality of prisoner reform. The contradiction of an insufficient officer force is particularly evident considering the unique nature of reforming ESS prisoners. We are a long way from meeting the Ministry of Justice requirement that “the ranks of prison correctional officers shall not fall below 18 percent of the prisoner population.” In our region, the ratio of assigned correctional officers to the prisoner population is only 15.1 percent.
- Shortage of funds and outdated facilitiesIn recent years, with the hearty support of superior departments, the work of outfitting and making adjustments at Xinjiang prisons has proceeded smoothly, bringing some improvement to the outdated nature of basic prison facilities. But with pressure on prison management and reform work continually on the rise, the problems created by insufficient prison technological equipment and outdated techniques are increasingly obvious. We can wait no longer to establish a relatively complete technological prevention system for prison security.
II. Psychological Profile of ESS Prisoners
- General Profile
- Reactionary Political Thinking
- After entering prison, some ESS prisoners do not recognize their own crimes and stubbornly maintain their reactionary stances, refusing to acknowledge guilt or accept the verdict. They maintain that they “obey the commands of Allah and have broken no laws”; that “the laws of the Communist Party do not apply to them”; or that their “crimes were not committed for themselves but on behalf of the independence and liberation of their ethnic group.” They even believe things such as that their actions were “[acts of] resistance under pressure.”
- They pretend to have been tricked and resist thought reform. In order to avoid criminal responsibility, some ESS prisoners mistakenly believe that their crimes were instigated by others and that their ignorance led them to be tricked. They thus adopt a passive attitude toward political thought education during the reform process.
- Stubborn Resistance to Reform
- Most ESS prisoners harbor great feelings of resentment; avoid, and even treat as enemies, people of other ethnicities; and curse Uyghur police as the “scum of the ethnic group” and “running dogs of the Communist Party.” They willfully distort Xinjiang’s history, spread rumors, and incite ethnic hatred. They use acts like hunger strikes, suicide, “namaz” [the Turkish word for prayer], and feigned illness to disobey management and refuse reform.
- They create serious disturbances and oppose management by correctional officers. Some ESS prisoners, once their fantasies of being “rescued” by people outside the prison are dashed, become desperate and openly defiant towards correctional officers. They refuse to obey orders and beat other prisoners. Some spread comments about refusing to reform and incite other prisoners to cause disturbances. Some directly take aim at correctional officers. Some ESS prisoners, in response to guards’ efforts to educate them, frequently shout things like: “I only act in accordance with the Quran. I will always follow Allah and never follow the Communist Party. I only obey Islamic law. If you become a Muslim, I will obey you.” Or they shout: “According to Chinese law I am guilty, but according to Islamic law I am innocent. I believe I have a duty to spread the tenets of Islam broadly. All that I have done is correct, and I shall never repent.”
- Bigoted Ethnic Mentality, Inciting Religious Fervor, and Ethnic Opposition
- The majority of ESS prisoners have a rather strong, bigoted ethnic mentality and see themselves as an “elite ethnicity” and “superior race” [2]. At the same time, they are unable to have a correct understanding of objective realities of other ethnic groups’ populations or levels of economic or cultural development, which leads them to develop psychological imbalances and spiritual distortions.
- They incite religious fervor and engage in illegal religious activities. Investigation has found that the great majority of ESS prisoners have been deeply influenced by religion and that nearly 30 percent of them have even been educated in religious schools. They often use their common ethnicity and common religion to incite religious fervor among prisoners and try to use illegal religious methods to continue carrying out their separatist activities.
- They stir up trouble and incite ethnic antagonism. They instigate and encourage prisoners newly admitted to prison to oppose management by correctional officers and deliberately manufacture trouble. They incite ethnic antagonism and manufacture ethnic contradictions in order to sabotage the ordinary reform order within the prison. Some brazenly announce: “Out with the Han!” or “Destroy the infidels!”
- Weak Legal Knowledge and Resistance to New ThingsThe majority of ESS prisoners have a low level of education and suffer from “small peasant mentality” and narrow thinking. They neither study nor understand the law and are unwilling to accept the restraint of national law. They judge true and false and right and wrong only on the basis of the Quran, the “Hadith,” and the “commandments.” They know extremely little about the historical development of Xinjiang and do not understand the relationships between the nation, ethnic groups, and religion. Many of them believe that “nations should be integral units formed by a single ethnic group.”[3] For these reasons, they do not care about new things and even resist them. They have no interest in the “three courses” [i.e., ideology, civilization, and technology] and lack a consciousness to reform.
- Reactionary Political Thinking
- Categorical Profiles
- The great majority of newly admitted ESS prisoners do not acknowledge guilt or accept the verdict and stubbornly maintain their reactionary positions. They believe that all they have done is in obedience to Allah’s decrees. Under the strict controls of prison, they continue to openly write reactionary journals, reactionary poetry, or publicly express reactionary comments, searching for opportunities to incite and recruit other prisoners.
- The great majority of those serving short-term sentences pass the time by going through the motions and refusing to accept thought reform. A few ESS prisoners serving short terms will frequently observe the area surrounding the prison or the correctional officer deployment situation. There are some who intentionally commit crimes so that they may scout out the situation in the prison and make reports to ethnic separatist forces after leaving prison.
- Some ESS prisoners serving long sentences believe that they have no hope of sentence reductions and lose faith in reform. A few even attack correctional officers or rush for the prison gates, taking these desperate measures without any concern for the consequences.
- A few ESS prisoners who are about to be released seek out opportunities to make contact with other ESS prisoners, asking them about their “friends and relatives” outside of prison or giving other prisoners their contact details so that they might make contact after they leave prison and continue pursuing their so-called “endeavors.”
- A few ESS prisoners who were leaders or core members possess extremely strong powers to draw people to them and incite them, making these prisoners ongoing risks. Periodically, former Hizb ut-Tahrir members will engage in separatist and sabotage activities in prison, such as making contact with each other, gathering together, recruiting [new members], and engaging in incitement.
[The final sections of this document will be translated in a subsequent post.]
Notes:
- See Zhang Huazhong, “Characteristics, Trends, and Policies for Current Violent Terrorist Criminals,” in Research on Violent Terrorist Crime (Xinjiang People’s Publishing House, April 1999).
- See Qian Shiwu and Sun Xinmin, “Characteristics of Violent Terrorist Criminals Held in Xinjiang and Measures for Their Control and Reform,” in Research on Violent Terrorist Crime.
- See Yi Zheng, “Political Orientation of Xinjiang Violent Terrorist Activity,” in Research on Violent Terrorist Crime.
References:
- Yang Zheng, Research on Violent Terrorist Crime (Xinjiang People’s Publishing House, April 1999).
- Wang Jiye, “Leading All Aspects of Prison Work with Socialist Legal Institutions,” China Prisons, 2006(5).
- Xinjiang Prison Studies Association, “Notes on Reforming ESS Prisoners in the Xinjiang Prison System,” Prison Research, 2005(12).
- Li Weiguo and Sun Xinmin, “Analysis of Current Situation and Enhancement Approach for Control of ‘ESS Prisoners’ in the New Era,” Prison Research, 2006(5).
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内容提要:目前,改造危安犯任务繁重艰巨,新疆监狱危安犯表现出新的反改造特点,他们转变策略,从公开抗改,转变为伪装积极,服从管理,行动更加隐蔽,性质更加恶劣,危害更加严重。因此,我们决不能掉以轻心,要有针对性地制定一系列行之有效的对策和措施,使我们的工作从被动转变为主动,从根本上保障监狱的安全稳定。
关键词:危安犯、个别教育、“四防”、完善、稳定
多年来,新疆监狱在对危安犯的改造工作中,按照中央和自治区的指示和要求,紧紧围绕监狱工作宗旨,以提高罪犯教育改造质量为中心,以确保监狱安全稳定为重点,不断研究新形势下对危安犯教育改造的方法、手段,成功地转化了一大批危安犯头目和骨干分子,维护了狱内正常的改造秩序,保证了监狱的安全稳定,实现了“收得下”、“管的住”的目标。但就目前的现状而言,新疆监狱工作面临的形势仍然十分严峻,不容乐观。特别是改造危安犯的任务,非常艰巨,出现了许多必须予以充分重视,急待解决的新情况、新问题。
一、新疆监狱工作面临的形势
多年来新疆监狱民警通过不断学习培训,各族民警的执法能力和水平有了明显的提高。在监管改造方面采取强有力措施和手段,相继破获了多起狱内危安犯、刑事犯以及企图脱逃、暴狱、越狱案件,狱内改造秩序良好。但是,影响新疆监狱安全稳定的因素仍然存在,且呈现相互交织、复杂多变的特点,给维护监狱稳定工作带来了巨大的压力和挑战。
(一)国际环境复杂多变,恐怖主义危害上升,霸权主义和强权政治有新的表现。“美国因素”始终是威胁新疆社会政治稳定的总根源。
近年来,美国对所谓“新疆问题”的关注越来越直接、越来越具体,层面越来越高,范围越来越广,知识力度不断加大,重点关注涉及新疆的人权、民族、宗教等问题。图谋通过整合民族分裂势力,加大对新疆的渗透和破坏力度,加快“新疆问题国际化”的步伐。企图实现“祸水东引”的阴谋[1]。在美国的策划和支持下,2005年以来,新疆周边的国家,先后发生了“颜色革命”。这些国家的社会控制能力愈加消弱,宗教极端思想盛行,暴力恐怖活动猖獗,新疆周边形势变的越来越复杂。
(二)境内外“三股势力”仍十分活跃
当前,境内外“三股势力”的活动突出表现在三个方面:一是进一步加速谋求联合化、国家化、政治化;二是积极谋划暴力恐怖破坏活动;三是加大舆论煽动力度,进行思想渗透。各种迹象表明,境内外“三股势力”正在预谋更加险恶的犯罪活动,随时都有实施暴力恐怖活动的可能,其中监狱被他们列为袭击破坏的重点。
(三)“伊扎布特”组织的活动再次活跃
“伊扎布特”组织是一个跨国的奉行伊斯兰原教旨主义的极端政治组织。在多次被我政府打掉其有组织的渗透活动中,不甘心失败,一直没有停止对我区的破坏活动。其组织也与以往发生很大变化,“本土化”、“政党化”、“暴力化”更加明显。
(四)在职民警严重缺编,警犯比例严重失调
警力的严重不足已成为影响监狱安全稳定、制约改造质量提高的主要因素。尤其是改造危安犯工作的特殊性与警力不足的矛盾十分突出,与司法部提出的“监狱人民警察编制应不低于押犯数的18%”的要求相差很远,我区民警编制数占押犯比例仅为15.1%。
(五)经费不足,装备落后
近年来,在上级部门的大力支持下,新疆监狱布局调整工作进展顺利,监狱基本建设落后的局面有所改善。但随着监管改造工作压力的不断增大,监狱技术装备不配套、技术手段落后的矛盾越来越突出,建设一个相对完善的监狱安全技术防范系统的任务刻不容缓。
二、危安犯的心理特点
(一)总体特点
- 政治思想意识的反动性。
- 一部分危安犯入狱后并不认识自己的罪行,顽固坚持反动立场,拒不认罪服判。认为自己是“遵循真主的旨意,没有干违法的事”;“共产党的法律不适用自己”;“我犯罪不是为了自己,是为了民族独立、解放”。甚至认为自己的行为是“压迫下的反抗”等。
- 伪装受骗,回避思想转变。一部分危安犯为了逃避罪责,错误认为自己的犯罪,是受他人挑拨,是因为无知导致上当受骗,在改造过程中消极对待政治思想教育。
- 抗拒改造的顽固性。
- 危安犯多数抵触情绪大,排斥甚至敌视其他民族,辱骂维吾尔族民警是“民族的败类”,“是共产党的走狗”。他们肆意歪曲新疆的历史,散布谣言,煽动民族仇视。他们以绝食、自杀,做“乃玛孜”、装病等行为,不服管理,抗拒改造。
- 寻衅滋事,对抗民警管理。一部分危安犯期待狱外“营救”的幻想破灭后,变的急不可耐,公开顶撞民警,不服管理,殴打他犯;有的散布抗改言论,煽动他犯闹事;有的直接将矛头指向民警。一些危安犯在对待民警教育时,往往叫嚣;“我只按《古兰经》上所说的去做,永远跟着安拉,不跟共产党,我只服从伊斯兰教的法律,如果你们入教,我就服从你们的管理”;“按照中国的法律我有罪,但按伊斯兰教义我没有罪,我认为我有义务将伊斯兰教的教义发扬光大,我所做的一切都是正确的,我永不后悔”。
- 偏执的民族意识,煽动宗教狂热和民族对立。
- 大多数危安犯有着较强、偏执的民族意识,以“高贵民族”、“优秀人种”自居[2];同时,他们对各民族人口数量、经济和文化发展水平等客观实际又不能正确认识,导致其心理上的不平衡和精神上的扭曲。
- 煽动宗教狂热,从事非法宗教活动。根据调查,危安犯中受宗教影响深的占大多数,其中有近30%的还接受过宗教学校的教育。他们往往以同族同教为由,在犯群中煽动宗教狂热,企图以非法宗教的手段达到继续进行分裂活动的目的。
- 挑起事端,煽动民族对立。挑唆、鼓动新入监的罪犯对抗民警管理,蓄意制造事端;煽动民族对立,制造民族矛盾破坏正常的狱内改造秩序。有的公然宣称:“赶走汉族人”、“消灭异教徒”。
- 法制观念淡薄,排斥新事物。多数危安犯文化低,小农意识严重,思想狭隘,不学法、不懂法,也不愿接受国家法律的约束,仅以《古兰经》、“圣训”、“戒约”作为判断是非,衡量正误的标准。他们对新疆的历史发展状况知之甚少。不了解国家、民族、宗教三者之间的关系。他们中不少人认为“国家应该是由一个民族构成的整体”[3]。因此,他们对新事物不关心,乃至排斥,对“三课”教育不感兴趣,缺乏改造的自觉性。
(二)分类特点
- 大多数新入监的危安犯不认罪、不服判,顽固坚持反动立场。他们认为自己所做的一切都是为了遵循真主的旨意,在狱内严格的管束下,他们仍公然书写反动日记、反动诗词、或公开散布反动言论,寻机煽动拉拢他犯。
- 大多数短行期混刑度日,拒不接受思想改造。个别刑期短的危安犯经常观察监狱周边环境及警力配备情况,也有故意犯罪,在狱后为社会上民族分裂势力打探监狱的情况。
- 一些刑期长的危安犯认为“减刑无望,对改造失去信心,个别的甚至袭击民警、冲击监狱大门,铤而走险,不记后果。
- 个别即将刑满释放的危安犯寻机接触其他危安犯,询问他犯在狱外的“亲朋好友”情况,或向他犯告知自己的联系方式,以便出监后相互联系,继续他们所谓的“事业”。
- 个别危安犯头目骨干有着极强的纠合力和煽动力,极具现实危险性。原伊扎布特反动组织成员在狱内串联、纠合、拉拢、煽动等分裂破坏活动时有发生。
【第二部分将在稍后刊登。】
注释:
- 参见张华中《当前暴力恐怖犯罪的特点、趋势与决策》载《暴力恐怖犯罪研究》。新疆人民出版社,1999年4月。
- 参见钱诗武、孙新民《浅议新疆在押暴力恐怖罪犯的特点和监管改造对策》载《暴力恐怖犯罪研究》。新疆人民出版社,1999年4月。
- 参见易正《新疆暴力恐怖活动的政治取向》载《暴力恐怖犯罪研究》。新疆人民出版社,1999年4月。
参考文献:
- 扬征,《暴力恐怖犯罪研究》。新疆人民出版社,1999年4月。
- 王吉业,《以社会主义法制理念统领监狱各项工作》载《中国监狱》。2006年第5期
- 新疆监狱学会,《新疆监狱系统改造危安犯交流》专辑载《监狱研究》。2005年第12期。
- 李卫国、孙新民《新时期“危安犯”监管工作现状及深化途径探析》载《监狱研究》。2006年第5期。

