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New rule respects legal rights
Source: Xinhua |
September 1, 2011, Thursday
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Print Edition
Print Edition
CHINA'S draft amendment to the Criminal Procedure Law will further protect human rights, Chinese experts say.
The experts commented in response to doubts cast by some international media outlets on an article in the draft submitted last week to the Standing Committee of the National People's Congress, China's top legislature. These outlets contend (or cite those who contend) that the article violates international conventions and international law.
Article 73 of the draft provides that, in cases involving crimes regarding national security, terrorism or serious cases of bribery, the defendants or suspects can be placed under residential surveillance in places outside their own homes if residential surveillance at the home of the suspect or defendant is likely to hinder an ongoing investigation.
The article stipulates that when suspects or defendants are held under surveillance outside their homes, their family members should be informed within 24 hours of the surveillance as well as the reasons and the sites of the surveillance, except in cases when family members could not be reached or that notice could hinder the investigation.
Current law stipulates two types of compulsory measures taken against suspects: depriving suspects of personal freedom, including detention and arrest, as well as limiting personal freedom, which includes residential surveillance and obtaining a guarantor or bail pending trial.
Residential surveillance limits a suspect's personal freedom. It is generally enforced at the suspect's home. The draft amendment strictly restricts the use of surveillance in places outside suspects' homes to cases involving national security, terrorism and serious bribery, and it requires strict approval procedures.
The draft amendment has strengthened, not weakened human rights protection, because measures when a suspect is taken into custody, such as arrest and detention, are much harsher than residential surveillance.
As for some opinions and concerns that residential surveillance will be handled as another form of detention, experts argue that surveillance is just a police measure to keep an eye on suspects in order to facilitate the investigation.
When suspects are under residential surveillance, they can still leave the surveilled place and meet with others as long as they have obtained approval from authorities.
The experts commented in response to doubts cast by some international media outlets on an article in the draft submitted last week to the Standing Committee of the National People's Congress, China's top legislature. These outlets contend (or cite those who contend) that the article violates international conventions and international law.
Article 73 of the draft provides that, in cases involving crimes regarding national security, terrorism or serious cases of bribery, the defendants or suspects can be placed under residential surveillance in places outside their own homes if residential surveillance at the home of the suspect or defendant is likely to hinder an ongoing investigation.
The article stipulates that when suspects or defendants are held under surveillance outside their homes, their family members should be informed within 24 hours of the surveillance as well as the reasons and the sites of the surveillance, except in cases when family members could not be reached or that notice could hinder the investigation.
Current law stipulates two types of compulsory measures taken against suspects: depriving suspects of personal freedom, including detention and arrest, as well as limiting personal freedom, which includes residential surveillance and obtaining a guarantor or bail pending trial.
Residential surveillance limits a suspect's personal freedom. It is generally enforced at the suspect's home. The draft amendment strictly restricts the use of surveillance in places outside suspects' homes to cases involving national security, terrorism and serious bribery, and it requires strict approval procedures.
The draft amendment has strengthened, not weakened human rights protection, because measures when a suspect is taken into custody, such as arrest and detention, are much harsher than residential surveillance.
As for some opinions and concerns that residential surveillance will be handled as another form of detention, experts argue that surveillance is just a police measure to keep an eye on suspects in order to facilitate the investigation.
When suspects are under residential surveillance, they can still leave the surveilled place and meet with others as long as they have obtained approval from authorities.
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