New York Times researcher still in Chinese custody

Beijing, Mar 22: New York Times researcher Zhao Yan was still in Chinese custody today, five days after judicial authorities dropped charges of revealing state secrets and fraud against him in a rare show of leniency.

The Beijing Second Intermediate People's Court agreed last Friday to a decision by prosecutors to drop the charges.

The case had threatened to overshadow Chinese President Hu Jintao's visit to the United States in April.

Chinese authorities would be breaking the law if they held Zhao past midnight today (2130 hrs ist) when his five-day appeal period expires, his lawyer Mo Shaoping said by telephone.

Technically, Zhao could have rejected the decision to drop charges against him and seek a court trial for a not-guilty verdict.

But he has decided against appealing, the lawyer said.

''When prosecutors withdrew their indictment and the court approved it, Zhao Yan should have been released immediately as it was tantamount to declaring him innocent,'' Mo told Reuters.

''It's not a question of whether they are willing or not willing to release him ... The authorities have reported to their superiors and are waiting for instructions.'' Zhao was arrested in September 2004 and had faced 10 years in jail after the state security apparatus charged him with telling the New York Times details of rivalry between President Hu and his predecessor, Jiang Zemin.

His arrest came days after the New York Times reported that Jiang had offered to resign as chairman of the Central Military Commission, his last official post.

Before starting work for the Times in early 2004, Zhao established a reputation as a crusading journalist who focused on rural corruption and discontent.

Hu is expected to make his first formal visit as president to the United States next month. His previous trip to Washington was cancelled due to Hurricane Katrina, although he visited the United Nations in New York.

China often times the release of dissidents to coincide with visits by top Chinese leaders to the United States, or senior US officials to Beijing.

US President George W Bush and Secretary of State Condoleezza Rice had raised Zhao's case at meetings with Chinese officials.

Reuters