d. Arbitrary Arrest or Detention

Arbitrary arrest and detention remained serious problems. The law grants public security officers broad administrative detention powers and the ability to detain individuals for extended periods without formal arrest or criminal charges. Throughout the year lawyers, human rights activists, journalists, religious leaders, and former political prisoners and their family members continued to be targeted for arbitrary detention or arrest.

ROLE OF THE POLICE AND SECURITY APPARATUS

The main domestic security agencies include the Ministry of State Security, the Ministry of Public Security, and the People’s Armed Police. The People’s Liberation Army is primarily responsible for external security but also has some domestic security responsibilities. Local jurisdictions also frequently used civilian municipal security forces, known as “urban management” officials, to enforce administrative measures. Oversight of these forces was localized and ad hoc. By law officials can be criminally prosecuted for abuses of power, but such cases were rarely pursued.

The Ministry of Public Security coordinates the civilian police force, which is organized into specialized agencies and local, county, and provincial jurisdictions. Procuratorate oversight of the public security forces was limited. Corruption at every level was widespread. Public security and urban management officials engaged in extrajudicial detention, extortion, and assault.

Regulations state that officers in prisons face dismissal if found to have beaten, applied corporal punishment, or abused inmates or to have instigated such acts, but there were no reports these regulations were enforced.

In the absence of reliable data, it was difficult to ascertain the full extent of impunity for the domestic security apparatus, but anecdotal accounts of abuse were common on social media and sometimes appeared in state media reports as well. Authorities often announced investigations following cases of reported killings by police. It remained unclear, however, whether these investigations resulted in findings of police malfeasance or disciplinary action.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

Criminal detention beyond 37 days requires approval of a formal arrest by the procuratorate, but in cases pertaining to “national security, terrorism, and major bribery,” the law permits up to six months of incommunicado detention without formal arrest. After formally arresting a suspect, public security authorities are authorized to detain a suspect for up to an additional seven months while the case is investigated.

After the completion of an investigation, the procuratorate can detain a suspect an additional 45 days while determining whether to file criminal charges. If charges are filed, authorities can detain a suspect for an additional 45 days before beginning judicial proceedings. Public security sometimes detained persons beyond the period allowed by law, and pretrial detention periods of a year or longer were common.

The law stipulates that detainees be allowed to meet with defense counsel before criminal charges are filed. Some criminal defense attorneys stated that under the 2013 revised criminal procedure law, their ability to meet with clients improved. In some routine cases, defense attorneys could arrange visits at any time and have private meetings with their clients in detention centers. This generally did not apply to cases considered politically sensitive.

The criminal procedure law requires a court to provide a lawyer to a defendant who has not already retained one, who has various disabilities or is a minor, or who faces a life sentence or the death penalty. This law applies whether or not the defendant is indigent. Courts may also provide lawyers to other criminal defendants who cannot afford them, although courts often did not do so.

Criminal defendants are entitled to apply for bail (also translated as “a guarantor pending trial”) while awaiting trial, but the system did not appear to operate effectively, and authorities released few suspects on bail.

The law requires notification of family members within 24 hours of detention, but authorities often held individuals without providing such notification for significantly longer periods, especially in politically sensitive cases. In some cases notification did not occur. Under a sweeping exception, officials are not required to provide notification if doing so would “hinder the investigation” of a case. The revised criminal procedure law limits this exception to cases involving state security or terrorism, but public security officials have broad discretion to interpret what is “state security.”

The law allows for residential surveillance rather than detention in a formal facility under certain circumstances. With the approval of the next higher-level authorities, officials may place a suspect under “residential surveillance” at a designated place of residence (i.e., a place other than the suspect’s home) for up to six months when they suspect crimes of endangering state security, terrorism, or serious bribery and believe that surveillance at the suspect’s home would impede the investigation. Human rights organizations and detainees themselves reported that this practice left detainees at a high risk for torture. Authorities may also prevent defense lawyers from meeting with suspects in these categories of cases.

The law provides for the right to petition the government for resolution of grievances, but many citizens who traveled to Beijing to petition the central government were subjected to arbitrary detention, often by security agents dispatched from the petitioner’s hometown. Petitioners reported harsh treatment by security officials. In February officers from the Fuyou Street Station of the Xicheng District Public Security Bureau in Beijing reportedly beat Qiao Zhigang, the leader of a group of retired and disabled members of the military, and detained many others who had gathered with Qiao to protest the government’s failure to provide promised benefits and compensation.

Authorities used administrative detention to intimidate political and religious activists and to prevent public demonstrations. Forms of administrative detention included compulsory drug rehabilitation treatment (for drug users), “custody and training” (for minor criminal offenders), and “legal education” centers for political and religious activists, particularly Falun Gong practitioners. The maximum stay in compulsory drug rehabilitation centers is two years, including what was generally a six-month stay in a detoxification center.

Arbitrary Arrest: Authorities detained or arrested persons on allegations of revealing state secrets, subversion, and other crimes as a means to suppress political dissent and public advocacy. These charges–including what constitutes a state secret–remained ill defined, and any piece of information could be retroactively designated a state secret. Authorities also used the vaguely worded charges of “picking quarrels and provoking trouble” broadly against many civil rights activists. It remained unclear what this term means. Authorities also detained citizens and foreigners under broad and ambiguous state secret laws for, among other actions, disclosing information on criminal trials, meetings, commercial activity, and government activity. Authorities sometimes retroactively labeled a particular action as a violation of state secret laws. A counterespionage law grants authorities the power to require individuals and organizations to cease any activities deemed a threat to national security. Failure to comply could result in seizure of property and assets.

There were multiple reports of lawyers, petitioners, and other rights activists being arrested or detained for lengthy periods of time, only to have the charges later dismissed for lack of evidence. Many activists were subjected to extralegal house arrest, denied travel rights, or administratively detained in different types of facilities, including “black jails.” In some cases public security officials put pressure on schools not to allow the children of prominent political detainees to enroll. Conditions faced by those under house arrest varied but sometimes included isolation in their homes under guard by security agents. Security officials were frequently stationed inside the homes. Authorities placed many citizens under house arrest during sensitive times, such as during the visits of senior foreign government officials or preceding the annual plenary sessions of the National People’s Congress, the G20 summit, the anniversary of the Tiananmen massacre, and sensitive anniversaries in Tibetan areas and the XUAR. Some of those not placed under house arrest were taken by security agents to remote areas on so-called forced vacations.

In early September security officials abducted rights lawyer Li Yuhan from the hospital where she was receiving treatment for a heart condition and beat and choked her when she resisted. She was told she would need to take a “vacation” before the G20 Summit to ensure she did not cause trouble. She was held overnight at an undisclosed location, where security officials denied her access to the bathroom. She was released the next day without charges.

Despite being released from prison in 2011, activist Hu Jia remained under extrajudicial house arrest during the year. Human rights lawyer Gao Zhisheng, who was released from prison in 2014, remained confined under strict house arrest.

Pretrial Detention: Pretrial detention could last longer than one year. Defendants in “sensitive cases” reported being subjected to prolonged pretrial detention. Many of the “709” detainees were held in pretrial detention for more than a year without access to their families or their lawyers.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest or detention, and the government generally observed these prohibitions.

ROLE OF THE POLICE AND SECURITY APPARATUS

The Hong Kong Police Force maintains internal security and reports to the Security Bureau. The People’s Liberation Army (PLA) is responsible for external security. The Immigration Department controls the entry of persons into and out of the SAR as well as the documentation of local residents. Civilian authorities maintained effective control over the police force, and the government had effective mechanisms to investigate and punish abuse and corruption. The 2015 reported involvement of mainland security forces in the disappearances of five Hong Kong book publishers; however, raised concerns about the activities of mainland security forces in Hong Kong throughout the year. For further information on the publishers’ cases, see section 1.b.

International and local media reported that mainland PRC operatives in Hong Kong surveilled some prodemocracy movement figures, political activists, lawyers, academics, businesspersons, and religious leaders that have expressed criticism of the central government’s policies. In January, Guangdong province security agents reportedly visited 65-year-old veteran publisher Lau Tat-man in Hong Kong on three occasions over the course of one month to interrogate him about the five booksellers who were abducted from various locations and detained in the mainland. In July bookseller Lam Wing-kee and prodemocracy legislator James To alleged that mainland agents had surveilled Lam after he returned to Hong Kong and disclosed the details of his abduction to the press. In response to concerns for his safety, Hong Kong police later placed Lam under police protection. There were no reports of impunity involving the security forces during the year.

Human rights activists and some legislators expressed concern that the CE appointed all Independent Police Complaints Committee members and that the IPCC’s lack of power to conduct independent investigations limited its oversight capacity. The IPCC cannot compel officers to participate in its investigations, and the media reported cases of police officers declining to cooperate fully.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

Suspects generally were apprehended openly with warrants based on sufficient evidence and issued by a duly authorized official. They must be charged within 48 hours or released, and the government respected this right. Interviews of suspects are required to be videotaped. The law provides accused persons with the right to a prompt judicial determination, and authorities respected this right effectively.

Detainees were generally informed promptly of charges against them. There was a functioning bail system, and authorities allowed detainees access to a lawyer of their choice. Suspects were not detained incommunicado or held under house arrest.

Arbitrary Arrest: The Department of Justice maintained political considerations did not factor into its decision to charge several activists with crimes related to the 2014 protests; the Hong Kong judiciary heard these cases from May to August. Pro-democracy activists and participants in the fall 2014 prodemocracy protests claimed they were subject to incidents of politically motivated arbitrary arrest.

In May, Joshua Wong, the convener of the prodemocracy student activist group Scholarism, and Hong Kong Federation of Students (HKFS) secretary-general Nathan Law, along with two other prodemocracy activists, were acquitted on charges related to obstructing police officers during a June 2014 protest against the release of the State Council’s White Paper on Hong Kong.

In July, Wong and HKFS former secretary-general Alex Chow were found guilty on one charge of participating in an illegal assembly related to the start of the 2014 Occupy Central protests, while Law was found guilty of inciting an illegal assembly. In August, Wong and Law were sentenced to perform 80 and 120 hours of community service respectively, while Chow was given a suspended sentence of three weeks imprisonment. In delivering the verdicts, district court Judge June Cheung noted: “The court believes the three defendants are expressing their views and demands genuinely out of their political beliefs or their concern for society. Their aim and motive is not for their own interest or to hurt other people.”

The Department of Justice in September requested the court review the sentences, with the prosecution alleging the sentences were too lenient. The magistrate reviewed and upheld the sentences, which fell well within sentencing guidelines.

Many experts assessed the police use of force during the protests in the fall of 2014 as generally professional and appropriate. Some prodemocracy activists, nongovernmental organization (NGO) observers, and journalists expressed concerns about certain police actions, and the court cases reviewing police use of force continued.

The District Court on December 8 announced it would hand down a ruling in February 2017 on an assault case brought by Ken Tsang, a prodemocracy activist. Video footage taken during October 2014 protests showed plainclothes police officers abusing Tsang. Seven police officers were subsequently suspended, arrested, and charged with the crime of “wounding or striking with intent to do grievous bodily harm.” Prosecutors separately charged Tsang with assaulting and obstructing police officers, which carries a maximum possible sentence of two years’ imprisonment. The court finished hearing the case in May, and Tsang was found guilty of assaulting a police officer and resisting arrest; he was sentenced to five weeks in prison.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: Persons arrested or detained on criminal or other grounds are entitled to challenge in court the legal basis or arbitrary nature of their detention and obtain prompt release and compensation if found to have been unlawfully detained.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention, and the government generally observed these prohibitions. Activists expressed concern that the Macau Government abused prosecutorial procedures to target political dissidents, while police said they charged those they arrested with violations of the law.

ROLE OF THE POLICE AND SECURITY APPARATUS

Civilian authorities maintained effective control over the Public Security Police (general law enforcement) and the Judiciary Police (criminal investigations), and the government had effective mechanisms to investigate and punish official abuse and corruption. There were no reports of impunity involving the security forces.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

Authorities detained persons openly with warrants issued by a duly authorized official based on sufficient evidence. Detainees had access to a lawyer of their choice or, if indigent, to one provided by the government. Detainees had prompt access to family members. Police must present persons in custody to an examining judge within 48 hours of detention. Detainees were promptly informed of charges against them. The examining judge, who conducts a pretrial inquiry in criminal cases, has wide powers to collect evidence, order or dismiss indictments, and determine whether to release detained persons. According to the government, courts should try defendants within the “shortest period of time.” Investigations by the prosecuting attorney should end with charges or dismissal within eight months, or six months when the defendant is in detention. The pretrial inquiry stage must conclude within four months, or two months if the defendant is detained. By law the maximum limits for pretrial detention range from six months to three years, depending on the charges and progress of the judicial process; there were no reported cases of lengthy pretrial detentions. There is a functioning bail system; however, judges often refused bail in cases where sentences could exceed three years.

From June 2015-July, there were five complaints of police mistreatment reported to the Commission for Disciplinary Control of the Security Forces and Services of the Macao SAR and two complaints lodged with the Commission Against Corruption. All complaints were dismissed for lack of evidence. Authorities reported there was one case of death while in police custody during the second half of 2015. According to police the case concerned a Filipino man who was brought to a police station after illegally consuming narcotic drugs and psychotropic substances. Police said during their investigation, the man reported feeling ill, and police accompanied him to Conde S. Januario Hospital for treatment where he died of suspected myocardial infarction despite efforts to resuscitate him.

d. Arbitrary Arrest or Detention

Arbitrary arrest and detention was a problem in Tibetan areas. Public security agencies are required by law to notify the relatives or employer of a detained person within 24 hours of the detention, but they often failed to do so when Tibetans and others were detained for political reasons. With a detention warrant, public security officers may legally detain persons throughout the PRC for up to 37 days without formally arresting or charging them. Following the 37-day period, public security officers must either formally arrest or release the detainee. Security officials frequently violated these requirements. It was unclear how many Tibetan detainees were held under forms of detention not subject to judicial review.

In May authorities in Kardze TAP in the Tibetan Region of Kham (Sichuan Province), detained 23-year-old Jampa Gelek after removing him from his monastery. According to RFA, authorities gave no reason for his detention, and he remained incarcerated at year’s end.

In June authorities in Qinghai Province detained for a second time Choesang Gyatso, a monk from Lutsang monastery in the Tibetan Region of Amdo, just one day after authorities had freed him from a month of unexplained detention. Authorities provided no reason for the second detention, and he appeared to remain in detention at the end of the year. He started a civil organization to promote education among young Tibetan nomads and also edited a Tibetan cultural journal.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention, and the government generally observed these prohibitions.

ROLE OF THE POLICE AND SECURITY APPARATUS

The national police, who report to the Ministry of Interior, are responsible for enforcing the law and maintaining public order, including protecting the border and enforcing the immigration law. The General Inspectorate of Security Forces (GIBS), which reports to the Office of the Prime Minister, oversees police, customs, fire fighters, and the prison service and is responsible for investigating allegations of misconduct. Inspectors investigated allegations of criminal misconduct and carried out “integrity tests,” or sting operations, to catch violators in action. In 2015 inspectors opened proceedings in 276 cases nationwide. Authorities reported that police committed 232 crimes in 2015, an increase of 120 since 2014, while members of the prison service committed 29 crimes, an increase of 11. Customs officers committed 12 crimes, compared with 11 in 2014.

Corruption remained a problem among law enforcement bodies. In 2015 police investigated 174 cases of corruption, compared with 116 cases in 2014. Police also investigated 73 public figures for abuse of power. In August the municipal court in Tabor sentenced the former head of Litomerice prison, Tomas Libal, to three years’ probation and fined him 100,000 koruna ($4,100) for corruption and extortion.

The Ministry of Interior has a police ombudswoman who serves as a mediator within the ministry. All public safety personnel, including civilians, employed by the ministry can approach the ombudswoman with suspicions of possible wrongdoing or improper activities. Police ombudswoman focuses primarily on prevention, transparency, and repression. In cases of suspected criminal misconduct, she forwards the case to the GIBS, which investigates police officers. The law requires police ombudsman to share all information about cases with GIBS upon request, which led to privacy and confidentiality concerns.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

In most cases police use judicial warrants to arrest persons accused of criminal acts. Police may make arrests without a warrant when they believe a prosecutable offense has been committed, when they regard arrest as necessary to prevent further offenses or the destruction of evidence, to protect a suspect, or when a person refuses to obey police orders to move.

Police must refer persons arrested on a warrant to a court within 24 hours. A judge has an additional 24 hours to decide whether to continue to hold the individuals. For suspects arrested without a warrant, police have 48 hours to inform them of the reason for the arrest, question them, and either release them or refer them to a court, after which a judge must decide within 24 hours whether to charge them. Authorities may not hold detainees for a longer period without charge.

The law provides for bail except in cases of serious crimes or to prevent witness tampering. A defendant in a criminal case may request a lawyer immediately upon arrest. If a defendant cannot afford a lawyer, the government provides one. The court determines whether the government partially or fully covers attorneys’ fees. Authorities generally respected these rights.

In August the district court in Sokolov acquitted two police officers on trial since 2014 for negligence in the 2012 death of a Romani man held in custody. According to witnesses, the officers beat the man after they arrested him at the home of his estranged wife. The verdict relied on the autopsy, which identified the man’s cause of death as delirium tremens. The court’s decision was final.

Pretrial Detention: By law pretrial detention may last no longer than two years except for exceptionally grave offenses. A suspect may petition investigating authorities at any time for release. In the first six months of the year, the average length of pretrial detention was 61 days.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: Persons detained or arrested on criminal or other grounds were entitled to challenge in court the legal basis or arbitrary nature of their detention and obtain prompt release/compensation if found to have been unlawfully detained.