TRIAL OF NEW YORK TIMES EMPLOYEE ADJOURNS WITHOUT

C O N F I D E N T I A L BEIJING 012650

SIPDIS

SIPDIS

DEPT FOR DRL, EAP/CM
NSC FOR WILDER, KOZAK

E.O. 12958: DECL: 06/16/2016
TAGS: PHUM PREL KPAO CH
SUBJECT: TRIAL OF NEW YORK TIMES EMPLOYEE ADJOURNS WITHOUT
RESULT

REF: BEIJING 12529 AND PREVIOUS

Classified By: Susan A. Thornton, Acting Political Section Internal Uni
t Chief.
Reasons 1.4 (b/d).


1. (C) The trial of New York Times researcher Zhao Yan on
charges of leaking "state secrets" and fraud adjourned
without result on June 16. A verdict should issue within 30
days, according to Chinese law.


2. (C) The proceeding in Beijing No. 2 Intermediate Court was
closed to the public, meaning Zhao Yan's relatives, Embassy
observers and reporters were not permitted to enter the
courthouse. The court argument began at 9:30 a.m. and
continued until 5 p.m. with a two-hour lunch break. Zhao's
defense attorneys Mo Shaoping and Guan Anping filed a not
guilty plea on Zhao's behalf but no witnesses were permitted
to testify, according to New York Times Beijing Bureau Chief
Joseph Kahn who waited outside the courthouse during the
proceeding. In a telephone call with poloff, Zhao's defense
attorney Mo Shaoping said trial procedures were consistent
with Chinese law. He noted he could not comment on the
substance of the trial because it involved "state secrets."


3. (C) As noted reftels, Zhao has been jailed since September
17, 2004, ten days after the New York Times published an
article correctly forecasting that Jiang Zemin would step
down from his post as head of China's Central Military
Commission. Kahn has denied that Zhao Yan was the source of
that report but Kahn's request to testify at trial was
denied. Because he was charged with disclosing a "major
state secret," Zhao could face the death penalty if
convicted. But observers, including NYU Law Professor Jerome
Cohen who advised the defense team, believe a ten-year
sentence is a more likely result of any conviction.
RANDT