CHINESE OFFICIALS INTERESTED IN INCREASING

C O N F I D E N T I A L SECTION 01 OF 02 BEIJING 003218

SIPDIS

DOJ FOR OPDAT, CLEHMANN. STATE PLEASE PASS INL.

E.O. 12958: DECL: 08/21/2028
TAGS: PTER PREL PINR KCRM CH
SUBJECT: CHINESE OFFICIALS INTERESTED IN INCREASING
COOPERATION IN THE PROSECUTION OF TERRORISTS

Classified By: Deputy Political Section Chief Ben Moeling. Reasons 1.4
(b) and (d).

Summary
--------------


1. (C) Chinese officials want to increase cooperation with
the United States in prosecuting terrorists, Supreme People's
Procuratorate (SPP) Public Prosecution Department Deputy
Director General Wang Jun told United States Department of
Justice (DOJ) attorney Francis Schmitz August 14. Wang
stated that China lacks a comprehensive system of criminal
and administrative laws and regulations specifically
targeting terrorism, but has criminal code sections which
prohibit organizing, leading or participating in a terrorist
organization; fabricating or spreading false terror
information; and support for terrorism.
End Summary.


2. (C) Embassy Resident Legal Advisor accompanied United
States Department of Justice (DOJ) attorney Francis Schmitz,
the National Crisis Management Coordinator from the
Counterterrorism Section, to a meeting August 14 at the
Supreme People's Procuratorate (SPP). Wang Jun, the Deputy
Director General of the Public Prosecution Department and his
subordinate, Director Zhang Fengyan, represented the SPP.
Schmitz requested the meeting in order to make contact with
Chinese prosecutors in charge of prosecuting terrorism cases.
The SPP informed him that it does not divide its prosecution
service into specialties, so the Public Prosecution
Department prosecutes all types of crimes, including those
related to terrorism.

Measures Against Terrorism
--------------


3. (C) DDG Wang informed Schmitz that the SPP "requires
preparation for quick coordination and response in case of a
terrorist attack." Chinese prosecutors can and do supervise
the police in terrorism cases, he said. Unlike in other
types of crimes, where the prosecutor must wait for the
police to finish investigating before they transfer the case
to the SPP, in cases involving terrorism and Olympic security
the SPP has been granted authority to begin its work prior to
transfer from police. Wang said that quick handling of
investigation and prosecution is vital in cases involving
terrorist threats to critical infrasructure. Wang noted
that many countries recogize "Xinjiang separatists" as
terrorists, adding that the damage these terrorists cause has
spread from Xinjiang to other parts of China.

Increasing Future Cooperation
--------------


4. (C) Schmitz commented that terrorists often commit crimes
in addition to terrorism. To combat terrorists, the United
States and China should cooperate on organized crime, money
laundering and narcotics prosecutions related to terrorism.
He noted that terrorists do not respect national borders.
Therefore, we need to increase cooperation and possibly
exchange evidence to assist in the prosecution of terrorist
crimes. Schmitz noted that this kind of cooperation has
already taken place in criminal cases and advocated increased
cooperation in future terrorism cases.


5. (C) Wang agreed that the United States and China should
increase cooperation in the prosecution of terrorists, noting
that the International Cooperation Department of the SPP has
a Judicial Cooperation Office. He stated that China lacks a
comprehensive system of criminal and administrative laws and
regulations specifically targeting terrorism, but that flaw
is being addressed. The Public Prosecution Department,
Ministry of Public Security (MPS) and Supreme People's Court
(SPC) have contributed input on proposed legislation to
target terrorism. In the meantime, China combats terrorism
through criminal code sections which prohibit: 1) organizing,
leading or participating in a terrorist organization; 2)
fabricating or spreading false terror information; and 3)
support for terrorism.

Treatment of the Mentally Ill
--------------


6. (C) Schmitz replied that he found the prohibition on
"fabricating or spreading false terror information" in Wang's
description of the Chinese criminal code to be interesting,

BEIJING 00003218 002 OF 002


since the anthrax scare in the United States was originally
thought to be terrorism-related, but was actually perpetrated
by a mentally ill U.S. Army employee. Wang noted that China
separates the cases of the mentally disabled from those who
are mentally ill but still able to "use complex logic to plan
their crimes." Those in the latter category remain subject
to prosecution under the Chinese criminal code.
RANDT