Detainee rights boosted

By Yan Shuang Source:Global Times Published: 2012-12-27 0:09:05

The families of people arrested, detained, or subject to other forceful measures should immediately be informed by police, and forced confessions cannot be used as evidence for a conviction, the Ministry of Public Security announced Wednesday.

In the revised provisions on the handling of administrative cases released Wednesday, the ministry said police are obliged to inform the families of detainees as to the reason, place and duration of the detention.

Forceful measures police can take include seizing items and facilities, shutting down venues, taking samples, and interrogating, summoning, detaining, and restricting the movement of suspects.

Police officers should report to their organization within a day after they take forceful measures, and obtain approval from their superiors afterwards if the measures were urgently needed. The police should inform the detainees on their rights and where they can turn for assistance, and the forceful measures can be revoked if police think them inappropriate.

Although there have been previous regulations asking police to inform the families of detainees, these measures have been poorly implemented nationwide due to a lack of clear stipulations.

Existing laws on administrative punishments and social security management already include similar articles, said Zhu Xiaoding, a Beijing-based lawyer. Currently the laws are not well enforced at the local level and the provision, which is only a ministry regulation, might not be that effective, he added.

"Sometimes police claim the detainees refuse to give the contact details of their family, and they use that as an excuse for secret detention," said Zhu, explaining that this happens a lot when it comes to cases involving petitioners.

Guo Dajun, a graduate student in Beijing from Gansu Province, told the Global Times her mother, Zhao Meifu,  was sent to a re-education center in Lanzhou, Gansu Province, after she came to Beijing for a visit on November 12 and was detained by authorities after they deemed her a petitioner who "severely disturbed the social order." Zhao, who started petitioning in 1989 over land disputes, was seized by men from the Gansu liaison office in Beijing at the Beijing Railway Station when she was about to return home.

"Neither the police nor the center informed me of my mother's detention, nor did they offer a persuasive reason for the re-education when my sister asked them for an official document about the decision," said Guo.

The revised provisions follow the establishment of an amendment to the Criminal Procedure Law, and the ministry said they will better regulate police law enforcement and protect human rights.



Posted in: Politics

blog comments powered by Disqus