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Residential Surveillance at a Designated Location information


Residential Surveillance at a Designated Location (RSDL, Chinese: 指定居所监视居住) is a form of detention regularly used by authorities in the People's Republic of China against individuals accused of endangering state security.[1] RSDL is usually carried out at special facilities run by the Public or State Security Bureaus of China, often euphemistically called "training centers," or even hotels that have been converted into black jails.[2] Laws regulating RSDL contain exceptions that allow the state to not inform the family members of the detained about their loved one's incarceration, while also denying detainees access to a lawyer.[3] On the surface, the measure appears to be a softer form of detention like house arrest; but in practice the measure allows for what one journalist calls "the disappearing" of suspects into secret detention."[4]

The measure has been used heavily since 2015 against human rights lawyers, Falun Gong practitioners and dozens of others accused of political offences, including foreigners.[5][6]

Those under residential surveillance may be held for up to six months and may only speak with other parties with permission of the police; in effect this means that they may be denied legal counsel and visitation.[7]

Residential surveillance at a designated location became available to police in 2012 when Article 73 of China's Criminal Procedure Law was amended to allow it.[8] Articles 72 to 77 of the Criminal Procedure Law describe residential surveillance being for investigation of crimes relating to "endangering state security," "terrorism" or "serious crimes of bribery." This form of residential surveillance does not occur at the home of the suspect, but at a place designated by the police.[9]

  1. ^ Yaqiu Wang (2 August 2015). "What You Need to Know About China's 'Residential Surveillance at a Designated Place'". China Change. Retrieved 10 July 2016.
  2. ^ Michael Caster ed., The People's Republic of the Disappeared, 2nd ed. (Madrid: Safeguard Defenders, November 2019): 11.
  3. ^ Caster ed., The People's Republic of the Disappeared, 2nd ed., 11.
  4. ^ Steven Lee Myers, "In China, the Brutality of House Arrest." The New York Times, November 25, 2017.
  5. ^ Elizabeth M. Lynch (20 January 2017). "Codifying Illegality? The Case of Jiang Tianyong". China Law & Policy. Retrieved 10 July 2016.
  6. ^ Sarah M. Brooks (30 November 2015). "China: Abuse of 'residential surveillance' to detain defenders and lawyers continues". ishr.ch. International Service for Human Rights.
  7. ^ Brendon Hong (8 May 2016). "China's Crackdown on Christian Churches". The Daily Beast. Retrieved 10 July 2016.
  8. ^ In China, the Brutality of ‘House Arrest’, Myers, Steven Lee, The New York Times, 25 November 2017
  9. ^ Elizabeth M. Lynch (18 October 2015). "The Anatomy of a Crackdown: China's Assault on its Human Rights Lawyers". China Law & Policy. Retrieved 10 July 2016.

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