China unveils new legislation on police powers of detention
"The real issue is not what the laws say, but how they are enforced," Pu Zhiqiang
China has unveiled legislation enshrining police powers to hold people at unknown locations, but has removed a controversial secrecy clause after an outcry. Experts had warned that the original draft would have legalised disappearances by allowing police to hold some suspects for up to six months without informing their families.
The revisions to the criminal procedure law were unveiled at the National People's Congress on Thursday, and will be passed by what is essentially a rubber stamp parliament. Lawyers have welcomed other elements offering additional protection to suspects. Reformers have long battled for such measures – which include improving legal access, increasing protection for juveniles and outlawing evidence gathered through torture – although many are sceptical about how they will be observed.
"The real issue is not what the laws say, but how they are enforced," Pu Zhiqiang, a Beijing lawyer who has taken on sensitive cases such as those involving dissidents, said. "The pattern is that the Communist party can play by rules when there aren't special circumstances – but whenever there are special circumstances, it doesn't have to play by them."
Police later arrived at Pu's office, preventing him from granting further interviews. Many of the dissidents detained in a sweeping crackdown last year, including the artist Ai Weiwei, appear to have been held under "residential surveillance" at unknown locations. Some experts believe that is illegal, while others say the existing law does not spell out whether the measure should only apply at someone's usual residence.
"The law has not only not changed to prevent that practice but has embraced it, and that is what I find disturbing," Joshua Rosenzweig, an independent human rights researcher in Hong Kong, said. Many of those held last year said they suffered beatings, sleep deprivation and other abuses.
The new law states that police have the right to hold suspects or defendants at places other than their home or an official detention centre if they are "involved in crimes concerning state security, terrorism or especially serious corruption and notification of where they are residing could obstruct investigations"...
