NCJ Number
140386
Date Published
1991
Length
66 pages
Annotation
This report examines the various forms of administrative detention under which hundreds of thousands of people are incarcerated by police or local governments, without supervision by independent judicial bodies, in the Peoples Republic of China each year.
Abstract
It describes the cases in which persons are held without charge or trial under administrative regulations, the legal texts and official documents that provide for such detention, and the wide discretionary powers used by the police. The report includes a detailed analysis of the Chinese legal texts on administrative detention that are publicly available; little of the relevant legislation has been published. It is also based on information from the Chinese press, former detainees, and other unofficial sources. The four forms of administrative detention, are administrative detention imposed by the police for up to 15 days as a punishment for minor public-order offenses; shelter and investigation imposed by the police on crime suspects for periods up to 3 months; re-education through labor, which allows detention without charge or trial for periods up to 4 years; and detention for in-camp employment, which involves restriction to a particular geographic area. The laws and regulations providing for administrative detention are vague and allow broad discretion. Torture and ill-treatment of detainees are reportedly common in some administrative detention centers. The lack of independent review of the actions of the police and administrative authorities is another concern. Reforms are needed to prevent arbitrary detention of any political detainees without charge or trial. Footnotes and case examples