China (Includes Hong Kong, Macau, and Tibet)
Section 1. Respect for the Integrity of the Person, Including Freedom from:
a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings
There were numerous reports that the government or its agents committed arbitrary or unlawful killings. In many instances few or no details were available.
In Xinjiang there were reports of custodial deaths related to detentions in the internment camps. There were multiple reports from Uyghur family members who discovered their relatives had died while in internment camps or within weeks of their release. For example, in October the government formally confirmed to the United Nations the death of Abdulghafur Hapiz, a Uyghur man detained in a Xinjiang internment camp since 2017. The government claimed Hapiz died in 2018 of “severe pneumonia and tuberculosis.” His daughter said she last heard from Hapiz in 2016; sources reported he disappeared no later than 2017 and was held without charges in an internment camp.
Authorities executed some defendants in criminal proceedings following convictions that lacked due process and adequate channels for appeal. Official figures on executions were classified as a state secret. According to the U.S.-based Dui Hua Foundation, the number of executions stabilized after years of decline following the reform of the capital punishment system initiated in 2007. Dui Hua reported that an increase in the number of executions for bosses of criminal gangs and individuals convicted of “terrorism” in Xinjiang likely offset the drop in the number of other executions.
There were multiple reports authorities disappeared individuals and held them at undisclosed locations for extended periods.
The government conducted mass arbitrary detention of Uyghurs, ethnic Kazakhs, Kyrgyz, and members of other Muslim and ethnic minority groups in Xinjiang. China Human Rights Defenders alleged these detentions amounted to enforced disappearance, since families were often not provided information about the length or location of the detention.
The exact whereabouts of Ekpar Asat, also known as Aikebaier Aisaiti, a Uyghur journalist and entrepreneur, remained unknown. He was reportedly detained in Xinjiang in 2016 after participating in a program in the United States and subsequently sentenced to up to 15 years in prison.
Authorities in Wuhan disappeared four citizen journalists, Chen Qiushi, Li Zehua, Zhang Zhan, and Fang Bin, who had interviewed health-care professionals and citizens and later publicized their accounts on social media in the midst of the COVID-19 outbreak and subsequent lockdown in Wuhan. While Li Zehua was released in April, Fang Bin’s and Chen Qiushi’s whereabouts were unknown at year’s end. Zhang Zhan was indicted on charges of “picking quarrels and provoking trouble,” and authorities tried and convicted her on December 28, sentencing her to four years’ imprisonment. She was the first known person to be tried and convicted for her coverage of the COVID-19 outbreak in Wuhan.
Human rights lawyer Gao Zhisheng, who has been disappeared on multiple occasions, has been missing since 2017.
The government still had not provided a comprehensive, credible accounting of all those killed, missing, or detained in connection with the violent suppression of the 1989 Tiananmen demonstrations. Many activists who were involved in the 1989 demonstrations and their family members continued to suffer official harassment. The government made no efforts to prevent, investigate, or punish such harassment.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The law prohibits the physical abuse and mistreatment of detainees and forbids prison guards from coercing confessions, insulting prisoners’ dignity, and beating or encouraging others to beat prisoners. The law excludes evidence obtained through illegal means, including coerced confessions, in certain categories of criminal cases. There were credible reports that authorities routinely ignored prohibitions against torture, especially in politically sensitive cases.
Numerous former prisoners and detainees reported they were beaten, raped, subjected to electric shock, forced to sit on stools for hours on end, hung by the wrists, deprived of sleep, force fed, forced to take medication against their will, and otherwise subjected to physical and psychological abuse. Although prison authorities abused ordinary prisoners, they reportedly singled out political and religious dissidents for particularly harsh treatment.
In December 2019 human rights lawyer Ding Jiaxi was detained on suspicion of “inciting subversion of state power” for participating in a meeting in Xiamen, Fujian Province, to organize civil society activities and peaceful resistance to Chinese Communist Party (CCP) rule. Ding’s wife posted on Twitter that Ding was tortured in a detention center in Beijing, including being subjected to sleep deprivation tactics such as shining a spotlight on him 24 hours per day. As of December 2020, Ding remained in pretrial detention at Linshu Detention Center in Shandong Province.
Following her June 6 arrest, Zhang Wuzhou was tortured in the Qingxin District Detention Center in Qingyuan (Guangdong Province), according to her lawyer’s July 22 account reported by Radio Free Asia. Zhang said that detention center authorities handcuffed her, made her wear heavy foot shackles, and placed her in a cell where other inmates beat her. The Qingyuan Public Security Bureau detained Zhang on charges of “provoking quarrels and stirring up troubles” two days after she held banners at Guangzhou Baiyun Mountains to mark the anniversary of the Tiananmen massacre.
In August an attorney for detained human rights activist and lawyer Yu Wensheng reported that Yu had been held incommunicado for 18 months before and after his conviction in June of “inciting subversion of state power” for which he received a four-year sentence. Yu reported he was repeatedly sprayed with pepper spray and was forced to sit in a metal chair for an extended period of time.
On October 22, human rights lawyer Chang Weiping, known for his successful representation of HIV/AIDS discrimination cases, was put into “residential surveillance in a designated location” in Baoji City, Shanxi Province, after posting a video to YouTube detailing torture he suffered during a January detention. As of December, Chang was still under these restrictions and denied access to his family and lawyer.
Members of the minority Uyghur ethnic group reported systematic torture and other degrading treatment by law enforcement officers and officials working within the penal system and the internment camps. Survivors stated that authorities subjected individuals in custody to electric shock, waterboarding, beatings, rape, forced sterilization, forced prostitution, stress positions, forced administration of unknown medication, and cold cells (see section 6, Members of National/Racial/Ethnic Minorities).
There was no direct evidence of an involuntary or prisoner-based organ transplant system; however, activists and some organizations continued to accuse the government of forcibly harvesting organs from prisoners of conscience, including religious and spiritual adherents such as Falun Gong practitioners and Muslim detainees in Xinjiang. An NGO research report noted that public security and other authorities in Xinjiang have collected biometric data–including DNA, fingerprints, iris scans, and blood types–of all Xinjiang residents between 12 and 65 years of age, which the report said could indicate evidence of illicit organ trafficking. Some Xinjiang internment camp survivors reported that they were subjected to coerced comprehensive health screenings including blood and DNA testing upon entering the internment camps. There were also reports from former detainees that authorities forced Uyghur detainees to undergo medical examinations of thoracic and abdominal organs. The government continues to claim that it had ended the long-standing practice of harvesting the organs of executed prisoners for use in transplants in 2015.
The treatment and abuse of detainees under the liuzhi detention system, which operates outside the judicial system as a legal tool for the government and CCP to investigate corruption, featured custodial treatment such as extended solitary confinement, sleep deprivation, beatings, and forced standing or sitting in uncomfortable positions for hours and sometimes days, according to press reports (see section 4).
The law states psychiatric treatment and hospitalization should be “on a voluntary basis,” but the law also allows authorities and family members to commit persons to psychiatric facilities against their will and fails to provide meaningful legal protections for persons sent to psychiatric facilities. The law does not provide for the right to a lawyer and restricts a person’s right to communicate with those outside the psychiatric institution.
Impunity was a significant problem in the security forces, including the Ministry of Public Security, the Ministry of State Security, and the Ministry of Justice, which manages the prison system.
Prison and Detention Center Conditions
Conditions in penal institutions for both political prisoners and criminal offenders were generally harsh and often life threatening or degrading.
Physical Conditions: Authorities regularly held prisoners and detainees in overcrowded conditions with poor sanitation. Food often was inadequate and of poor quality, and many detainees relied on supplemental food, medicines, and warm clothing provided by relatives when allowed to receive them. Prisoners often reported sleeping on the floor because there were no beds or bedding. In many cases provisions for sanitation, ventilation, heating, lighting, and access to potable water were inadequate.
The lack of adequate, timely medical care for prisoners remained a serious problem, despite official assurances prisoners have the right to prompt medical treatment. Prison authorities at times withheld medical treatment from political prisoners. Multiple nongovernmental organizations (NGOs) and news agencies reported detainees at “re-education” centers or long-term extrajudicial detention centers became seriously ill or died.
Political prisoners were sometimes held with the general prison population and reported being beaten by other prisoners at the instigation of guards. Some reported being held in the same cells as death row inmates. In some cases authorities did not allow dissidents to receive supplemental food, medicine, and warm clothing from relatives.
Conditions in administrative detention facilities were similar to those in prisons. Deaths from beatings occurred in administrative detention facilities. Detainees reported beatings, sexual assaults, lack of proper food, and limited or no access to medical care.
In Xinjiang authorities expanded existing internment camps for Uyghurs, ethnic Kazakhs, and other Muslims. In some cases authorities used repurposed schools, factories, and prisons to hold detainees. According to Human Rights Watch, these camps focused on “military-style discipline and pervasive political indoctrination of the detainees.” Detainees reported pervasive physical abuse and torture in the camps and overcrowded and unsanitary conditions.
In August, Qelbinur Sedik, a former teacher at a women’s internment camp, reported approximately 10,000 women had their heads shaved and were forced to live in cramped, unsanitary conditions, injected with unknown substances without their permission, and required to take contraceptive pills issued by a birth-control unit. She reported women were raped and sexually abused on a daily basis by camp guards and said there was a torture room in the camp basement.
In October the government charged Yang Hengjun, an Australian author and blogger who encouraged democratic reform in China, with espionage. He was detained in January 2019 then formally arrested in August 2019. In a September message to his family, Yang said he had been interrogated more than 300 times, at all hours of day and night, for four to five hours at a time.
Administration: The law states letters from a prisoner to higher authorities of the prison or to the judicial organs shall be free from examination; it was unclear to what extent the law was implemented. While authorities occasionally investigated credible allegations of inhuman conditions, their results were not documented in a publicly accessible manner. Authorities denied many prisoners and detainees reasonable access to visitors and correspondence with family members. Some family members did not know the whereabouts of their relatives in custody. Authorities also prevented many prisoners and detainees from engaging in religious practices or gaining access to religious materials.
Independent Monitoring: Authorities considered information about prisons and various other types of administrative and extralegal detention facilities to be a state secret, and the government did not permit independent monitoring.
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. Lawyers, human rights activists, journalists, religious leaders and adherents, and former political prisoners and their family members continued to be targeted for arbitrary detention or arrest.
The law provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court, but the government generally did not observe this requirement.
The National Supervisory Commission-Central Commission for Discipline Inspection (NSC-CCDI; see section 4) official detention system, known as liuzhi, faced allegations of detainee abuse and torture. Liuzhi detainees are held incommunicado and have no recourse to appeal their detention. While detainee abuse is proscribed by the law, the mechanism for detainees to report abuse is unclear.
Although liuzhi operates outside the judicial system, confessions given while in liuzhi were used as evidence in judicial proceedings. According to 2019 press reports and an August 2019 NGO report, liuzhi detainees were subjected to extended solitary confinement, sleep deprivation, beatings, and forced standing or sitting in uncomfortable positions for hours and sometimes days.
There were no statistics available for the number of individuals in the liuzhi detention system nationwide. Several provinces, however, publicized these numbers, including Hubei with 1,095 and Zhejiang with 931 detained, both in 2019. One provincial official head of the liuzhi detention system stated suspects averaged 42.5 days in detention before being transferred into the criminal justice system.
On January 8, Guangzhou police detained Kwok Chun-fung, a Hong Kong student enrolled at the Guangzhou University of Chinese Medicine, on charges of “soliciting prostitution.” The university issued a statement on January 15 stating that Kwok was under suspicion of soliciting prostitution after being caught in a hotel room with a woman and outlined charges on two additional related offenses that allegedly occurred between November and December 2019. Kwok was cofounder of FindCMed, which provided medical help to injured protesters during Hong Kong’s antigovernment protests. A Hong Kong Baptist University instructor and Kwok’s associates said that the CCP habitually used “soliciting prostitution” as a charge to target opponents since police could detain a suspect administratively without court review. Local media and Kwok’s associates implied his detention was the People’s Republic of China (PRC) government’s retaliation against him for his role in the protests.
In September following her diagnosis with terminal lung cancer, authorities allowed Pu Wenqing, mother of Sichuan-based human rights activist Huang Qi, detained since 2016, to speak to her son in a 30-minute video call, the first contact with her son allowed to her after four years of trying. Pu remained under house arrest with no charges filed as of December. She had been disappeared in 2018 after plainclothes security personnel detained her at a Beijing train station. She had petitioned central authorities earlier in 2018 to release her detained son for health reasons and poor treatment within his detention center.
In a related case, Beijing authorities arbitrarily detained Zhang Baocheng, who had assisted and escorted the elderly Pu Wenqing around Beijing in 2018 as she sought to petition central authorities over her son’s detention. In December 2019 Beijing police charged Zhang, a former member of the defunct New Citizens Movement that campaigned for democracy and government transparency, with “picking quarrels, promoting terrorism, extremism, and inciting terrorism.” A Beijing court convicted him of “picking quarrels” and sentenced him in November to three and one-half years in prison, using his posts on Twitter as evidence against him.
In September, Hursan Hassan, an acclaimed Uyghur filmmaker, was sentenced to 15 years on the charge of “separatism.” Hassan had been held since 2018 arbitrarily without any contact with his family.
Following local resistance to a policy announced on August 26 mandating Mandarin be used for some school courses in Inner Mongolia in place of the Mongolian language, several prominent dissidents were either detained or held incommunicado. Ethnic Mongolian writer Hada, who had already served a 15-year jail term for “espionage” and “separatism” and was under house arrest, was incommunicado as of December. His wife and child’s whereabouts were also unknown. Ethnic Mongolian musician Ashidaa, who participated in protests against the new language policy, was also detained, and family members and lawyers were not permitted to visit him.
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 may detain a suspect an additional 45 days while determining whether to file criminal charges. If charges are filed, authorities may detain a suspect for an additional 45 days before beginning judicial proceedings. Public security officials sometimes detained persons beyond the period allowed by law, and pretrial detention periods of a year or longer were common.
The law stipulates detainees be allowed to meet with defense counsel before criminal charges are filed. The criminal procedure law requires a court to provide a lawyer to a defendant who has not already retained one; is blind, deaf, mute, or mentally ill; is a minor; or 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. Lawyers reported significant difficulties meeting their clients in detention centers, especially in cases considered politically sensitive.
Criminal defendants are entitled to apply for bail (also translated as “a guarantor pending trial”) while awaiting trial, but the system did not 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 criminal procedure law limits this exception to cases involving state security or terrorism, but public security officials have broad discretion to interpret these provisions.
Under certain circumstances the law allows for residential surveillance in the detainee’s home, rather than detention in a formal facility. With the approval of the next-higher-level authorities, officials also may place a suspect under “residential surveillance at a designated location” for up to six months when they suspect crimes of endangering state security, terrorism, or serious bribery and believe surveillance at the suspect’s home would impede the investigation. Authorities may also prevent defense lawyers from meeting with suspects in these categories of cases. Human rights organizations and detainees reported the practice of residential surveillance at a designated location left detainees at a high risk for torture, since being neither at home nor in a monitored detention facility reduced opportunities for oversight of detainee treatment and mechanisms for appeal.
Authorities used administrative detention to intimidate political and religious advocates 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 activists and religious adherents, particularly Falun Gong practitioners. The maximum stay in compulsory drug rehabilitation centers is two years, including commonly a six-month stay in a detoxification center. The government maintained similar rehabilitation centers for those charged with prostitution and with soliciting prostitution.
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, as well as 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 advocates. It is 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, commercial activity, and government activity. 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 authorities arrested or detained lawyers, religious leaders or adherents, petitioners, and other rights advocates for lengthy periods, only to have the charges later dismissed for lack of evidence. Authorities subjected many of these citizens to extralegal house arrest, denial of travel rights, or administrative detention in different types of extralegal detention 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, annual plenary sessions of the National People’s Congress (NPC), the anniversary of the Tiananmen massacre, and sensitive anniversaries in Tibetan areas and Xinjiang. Security agents took some of those not placed under house arrest to remote areas on so-called forced vacations.
In February a Ningbo court sentenced Swedish citizen bookseller and Hong Kong resident Gui Minhai to 10 years’ imprisonment for “providing intelligence overseas;” the court said Gui pled guilty. Gui went missing from Thailand in 2015, was released by Chinese authorities in 2017, and was detained again in 2018 while traveling on a train to Beijing, initially for charges related to “illegal business operations.” The Ningbo court said that Gui’s PRC citizenship had been reinstated in 2018 after he allegedly applied to regain PRC nationality.
In May, Nanning authorities tried Qin Yongpei behind closed doors, not allowing his lawyer to attend; as of December there was no update on the trial’s outcome. Qin was detained in October 2019 then formally arrested on charges of “inciting subversion of state power.” He remained in Nanning No. 1 Detention Center. His lawyer, who was not allowed to see Qin until shortly before the trial, said Qin had suffered poor conditions in detention–no bed, insufficient food, sleep deprivation, and extreme indoor heat and humidity in the summers. Authorities continued to block Qin’s wife from communicating or visiting him in prison while local police intimidated their daughters. Qin had worked on several human rights cases, including those of “709” lawyers (the nationwide government crackdown on human rights lawyers and other rights advocates that began on July 9, 2015) and Falun Gong practitioners, assisted many indigent and vulnerable persons, and publicized misconduct by high-level government and CCP officials. He was disbarred in 2018 after having practiced law since the mid-1990s. After being disbarred, Qin founded the China Lawyers’ Club to employ disbarred lawyers.
Pretrial Detention: Pretrial detention could last longer than one year. Defendants in “sensitive cases” reported being subjected to prolonged pretrial detention. From 2015 to 2018, authorities held many of the “709” detainees and their defense attorneys in pretrial detention for more than a year without access to their families or their lawyers. Statistics were not published or made publicly available, but lengthy pretrial detentions were especially common in cases of political prisoners.
At year’s end Beijing-based lawyer Li Yuhan, who defended human rights lawyers during the “709” crackdown, remained in detention at the Shenyang Detention Center; she has been held since 2017 and charged with “picking quarrels and provoking trouble.” Due to her poor health, Li’s attorney submitted multiple requests to Shenyang authorities to release her on medical parole, but each time her request was denied without reason or hearing. Following a January 8 meeting, Li’s lawyer said she was suffering from various medical conditions and applied for bail, but the court rejected her application. Since their January 8 meeting, authorities blocked the lawyer’s access to Li citing COVID-19 concerns. Li’s trial was postponed repeatedly.
On August 14, the Shenyang Tiexi District Court sentenced human rights advocate Lin Mingjie to a total of five years and six months in prison and a 20,000 renminbi (almost $3,000); an appeal was pending at year’s end. Lin had been detained in 2016 for assembling a group of demonstrators in front of the Ministry of Public Security in Beijing to protest Shenyang Public Security Bureau Director Xu Wenyou’s abuse of power. In 2018 Lin was sentenced to two years and six months in prison, including time served, and was reportedly released in April 2019, although his attorney had neither heard from him nor knew his whereabouts. In September 2019 police reportedly detained Lin again for “picking quarrels and provoking disturbance.” Police also detained Lin Mingjie’s brother, Lin Minghua, for “provoking disturbance” in 2016. The Tiexi District Court sentenced Lin Minghua to three years in prison. The authorities did not disclose the details of the case, including the types of “disturbance” of which the two brothers were accused.
e. Denial of Fair Public Trial
Although the law states the courts shall exercise judicial power independently, without interference from administrative organs, social organizations, and individuals, the judiciary did not exercise judicial power independently. Judges regularly received political guidance on pending cases, including instructions on how to rule, from both the government and the CCP, particularly in politically sensitive cases. The CCP Central Political and Legal Affairs Commission have the authority to review and direct court operations at all levels of the judiciary. All judicial and procuratorate appointments require approval by the CCP Organization Department.
Corruption often influenced court decisions, since safeguards against judicial corruption were vague and poorly enforced. Local governments appointed and paid local court judges and, as a result, often exerted influence over the rulings of those judges.
A CCP-controlled committee decided most major cases, and the duty of trial and appellate court judges was to craft a legal justification for the committee’s decision.
Courts are not authorized to rule on the constitutionality of legislation. The law permits organizations or individuals to question the constitutionality of laws and regulations, but a constitutional challenge may be directed only to the promulgating legislative body. Lawyers had little or no opportunity to rely on constitutional claims in litigation.
Media sources indicated public security authorities used televised confessions of lawyers, foreign and domestic bloggers, journalists, and business executives in an attempt to establish guilt before their criminal trial proceedings began. In some cases these confessions were likely a precondition for release. NGOs asserted such statements were likely coerced, perhaps by torture, and some detainees who confessed recanted upon release and confirmed their confessions had been coerced. No provision in the law allows the pretrial broadcast of confessions by criminal suspects.
In July the United Kingdom broadcasting regulator found in its formal investigation that China Global Television Network, the international news channel of China Central Television, broadcast in 2013 and 2014 a confession forced from a British private investigator imprisoned in China. China Global Television Network faced potential statutory sanctions in the United Kingdom. “Judicial independence” remained one of the subjects the CCP reportedly ordered university professors not to discuss (see section 2.a., Academic Freedom and Cultural Events).
“Judicial independence” remained one of the subjects the CCP reportedly ordered university professors not to discuss (see section 2.a., Academic Freedom and Cultural Events).
Although the law reaffirms the presumption of innocence, the criminal justice system remained biased toward a presumption of guilt, especially in high-profile or politically sensitive cases.
Courts often punished defendants who refused to acknowledge guilt with harsher sentences than those who confessed. The appeals process rarely reversed convictions, and it failed to provide sufficient avenues for review; remedies for violations of defendants’ rights were inadequate.
Regulations of the Supreme People’s Court require trials to be open to the public, with the exception of cases involving state secrets, privacy issues, minors, or on the application of a party to the proceedings, commercial secrets. Authorities used the state secrets provision to keep politically sensitive proceedings closed to the public, sometimes even to family members, and to withhold a defendant’s access to defense counsel. Court regulations state foreigners with valid identification should be allowed to observe trials under the same criteria as citizens, but in practice foreigners were permitted to attend court proceedings only by invitation. As in past years, authorities barred foreign diplomats and journalists from attending several trials. In some instances authorities reclassified trials as “state secrets” cases or otherwise closed them to the public.
Regulations require the release of court judgments online and stipulate court officials should release judgments, with the exception of those involving state secrets and juvenile suspects, within seven days of their adoption. Courts did not post all judgments. They had wide discretion not to post if they found posting the judgment could be considered “inappropriate.” Many political cases did not have judgments posted.
Individuals facing administrative detention do not have the right to seek legal counsel. Criminal defendants are eligible for legal assistance, but the vast majority of criminal defendants went to trial without a lawyer.
Lawyers are required to be members of the CCP-controlled All China Lawyers Association, and the Ministry of Justice requires all lawyers to pledge their loyalty to the leadership of the CCP upon issuance or annual renewal of their license to practice law. The CCP continued to require law firms with three or more party members to form a CCP unit within the firm.
Despite the government’s stated efforts to improve lawyers’ access to their clients, in 2017 the head of the All China Lawyers Association told China Youth Daily that defense attorneys had taken part in less than 30 percent of criminal cases. In particular, human rights lawyers reported authorities did not permit them to defend certain clients or threatened them with punishment if they chose to do so. Some lawyers declined to represent defendants in politically sensitive cases, and such defendants frequently found it difficult to find an attorney. In some instances authorities prevented defendant-selected attorneys from taking the case and instead appointed their own attorney.
The government suspended or revoked the business licenses or law licenses of some lawyers who took on sensitive cases, such as defending prodemocracy dissidents, house-church activists, Falun Gong practitioners, or government critics. Authorities used the annual licensing review process administered by the All China Lawyers Association to withhold or delay the renewal of professional lawyers’ licenses. In August the Hunan provincial justice department revoked the license for human rights lawyer Xie Yang for his 2017 conviction for “inciting subversion of state power.” Xie said the revocation did not follow proper administrative processes and the complaint against was without proper merits. Xie was a “709” detainee and restarted his law practice soon after his release from prison in 2017.
Other government tactics to intimidate or otherwise pressure human rights lawyers included unlawful detention, vague “investigations” of legal offices, disbarment, harassment and physical intimidation, and denial of access to evidence and to clients.
The law governing the legal profession criminalizes attorneys’ actions that “insult, defame, or threaten judicial officers,” “do not heed the court’s admonition,” or “severely disrupt courtroom order.” The law also criminalizes disclosing client or case information to media outlets or using protests, media, or other means to influence court decisions. Violators face fines and up to three years in prison.
Regulations also state detention center officials should either allow defense attorneys to meet suspects or defendants or explain why the meeting cannot be arranged at that time. The regulations specify that a meeting should be arranged within 48 hours. Procuratorates and courts should allow defense attorneys to access and read case files within three working days. The time and frequency of opportunities available for defense attorneys to read case files shall not be limited, according to the guidelines. In some sensitive cases, lawyers had no pretrial access to their clients and limited time to review evidence, and defendants and lawyers were not allowed to communicate with one another during trials. In contravention of the law, criminal defendants frequently were not assigned an attorney until a case was brought to court. The law stipulates the spoken and written language of criminal proceedings shall be conducted in the language common to the specific locality, with government interpreters providing language services for defendants not proficient in the local language. Observers noted trials were predominantly conducted in Mandarin Chinese, even in non-Mandarin-speaking areas, with interpreters provided for defendants who did not speak the language.
Mechanisms allowing defendants to confront their accusers were inadequate. Only a small percentage of trials reportedly involved witnesses. Judges retained significant discretion over whether live witness testimony was required or even allowed. In most criminal trials, prosecutors read witness statements, which neither the defendants nor their lawyers had an opportunity to rebut through cross-examination. Although the law states pretrial witness statements cannot serve as the sole basis for conviction, prosecutors relied heavily on such statements. Defense attorneys had no authority to compel witnesses to testify or to mandate discovery, although they could apply for access to government-held evidence relevant to their case.
In May labor activists Wu Guijun, Zhang Zhiru, He Yuancheng, Jian Hui, and Song Jiahui were released after being sentenced to suspended jail terms of two to four years in a closed-door trial. They were detained in January 2019 on the charge of “disrupting social order;” according to media Zhang and Wu were prevented from hiring lawyers.
In September, three public interest lawyers–Cheng Yuan, Liu Yongze, and Wu Gejianxiong, also known as the “Changsha Three”–were tried without notice to family or their lawyers on suspicion of “subversion of state power.” The lawyers worked for Changsha Funeng, an organization that litigated cases to end discrimination against persons with disabilities and carriers of HIV and hepatitis B. Cheng Yuan had also worked on antitorture programs, litigation to end the country’s one-child policy, and reform for household registration laws. The details of the trial and its outcome remained unknown as year’s end.
Political Prisoners and Detainees
Government officials continued to deny holding any political prisoners, asserting persons were detained not for their political or religious views but because they had violated the law. Authorities, however, continued to imprison citizens for reasons related to politics and religion. Human rights organizations estimated tens of thousands of political prisoners remained incarcerated, most in prisons and some in administrative detention. The government did not grant international humanitarian organizations access to political prisoners.
Authorities granted political prisoners early release at lower rates than other prisoners. Thousands of persons were serving sentences for political and religious offenses, including for “endangering state security” and carrying out “cult activities.” The government neither reviewed the cases of those charged before 1997 with counterrevolution and hooliganism nor released persons imprisoned for nonviolent offenses under repealed provisions.
Many political prisoners remained either in prison or under other forms of detention after release at year’s end, including writer Yang Maodong (pen name: Guo Feixiong); Uyghur scholars Ilham Tohti and Rahile Dawut; activists Wang Bingzhang, Chen Jianfang, and Huang Qi; Taiwan prodemocracy activist Lee Ming-Che; pastors Zhang Shaojie and Wang Yi; Falun Gong practitioner Bian Lichao; Catholic Auxiliary Bishop of Shanghai Thaddeus Ma Daqin; rights lawyers Xia Lin, Gao Zhisheng, Xu Zhiyong, and Yu Wensheng; blogger Wu Gan; and Shanghai labor activist Jiang Cunde.
Criminal punishments included “deprivation of political rights” for a fixed period after release from prison, during which an individual could be denied rights of free speech, association, and publication. Former prisoners reported their ability to find employment, travel, obtain residence permits and passports, rent residences, and access social services was severely restricted.
Authorities frequently subjected former political prisoners and their families to surveillance, telephone wiretaps, searches, and other forms of harassment or threats. For example, security personnel followed the family members of detained or imprisoned rights activists to meetings with foreign reporters and diplomats and urged the family members to remain silent about the cases of their relatives. Authorities barred certain members of the rights community from meeting with visiting dignitaries.
Politically Motivated Reprisal against Individuals Located Outside the Country
There were credible reports the government attempted to misuse international law enforcement tools for politically motivated purposes as a reprisal against specific individuals located outside the country. There also were credible reports that for politically motivated purposes, the government attempted to exert bilateral pressure on other countries aimed at having them take adverse action against specific individuals.
Reports continued throughout the year regarding PRC pressure on Xinjiang-based relatives of persons located outside China who spoke publicly about the detentions and abusive policies underway inside Xinjiang. In Kazakhstan media reported that Kazakh authorities temporarily detained Aqiqat Qaliolla and Zhenis Zarqyn for their protests in front of the PRC embassy regarding lost family members in Xinjiang “re-education” camps.
PRC state media also released videos of Xinjiang-based ethnic and religious minorities to discredit their overseas relatives’ accounts to foreign media. The persons in the videos urged their foreign-based family members to stop “spreading rumors” about Xinjiang. The overseas relatives said they had lost communication with their Xinjiang relatives until the videos were released.
In July, the PRC state publication China Daily, which targets foreign audiences, challenged the account of a foreign citizen, Ferkat Jawdat, who was called by his mother in May 2019 after having lost contact with her because she was in an internment camp and urged to stop his activism and media interviews; the article said Ferkat’s mother was “living a normal life in Xinjiang and has regular contact with him.” In July, China Daily also contradicted the 2019 account of another Uyghur individual, Zumrat Dawut, regarding her elderly father’s death, saying he was not detained and interrogated but died in a hospital beside her older brothers and other family members. Relatives of Dawut joined in a video in November 2019 urging her to stop “spreading rumors.” Overseas-based relatives said the PRC government coerced their family members to produce such videos.
In July a Chinese activist living in Australia on a temporary work visa told SBS World News that the government tracked and harassed her and her family in an attempt to silence her. The activist, who goes by Zoo or Dong Wuyuan, ran a Twitter account that made fun of Xi Jinping and previously had organized rallies in memory of Li Wenliang, the doctor who died after being one of the first to warn the world about COVID-19. She reported her parents were taken to a police station in China on a weekly basis to discuss her online activities. A video showed a police officer in the presence of Zoo’s father telling her, “Although you are [in Australia], you are still governed by the law of China, do you understand?”
In September an Inner Mongolian living in Australia on a temporary visa reported receiving a threatening call from Chinese officials stating that he would be removed from Australia if he spoke openly about changes to language policy in China.
Even those not vocal about Xinjiang faced PRC pressure to provide personal information to PRC officials or return to Xinjiang. Yunus Tohti was a student in Egypt when PRC police contacted him through social media, asked when he would return to Xinjiang, and ordered him to provide personal details such as a copy of his passport. Yunus then fled from Egypt to Turkey and later arrived in the Netherlands. Police in Xinjiang called Yunus’ older brother in Turkey, told him they were standing next to his parents, and said he should return to Xinjiang, which he understood to be threat against his parents’ safety. Yunus Tohti subsequently lost contact with his family in Xinjiang and worried that they may have been detained.
Civil Judicial Procedures and Remedies
Courts deciding civil matters faced the same limitations on judicial independence as criminal courts. The law provides administrative and judicial remedies for plaintiffs whose rights or interests government agencies or officials have infringed. The law also allows compensation for wrongful detention, mental trauma, or physical injuries inflicted by detention center or prison officials.
Although historically citizens seldom applied for state compensation because of the high cost of bringing lawsuits, low credibility of courts, and citizens’ general lack of awareness of the law, there were instances of courts overturning wrongful convictions. Official media reported that in October, Jin Zhehong was awarded 4.96 million renminbi ($739,000) in compensation for 23 years spent behind bars following an overturned conviction for intentional homicide. The Jilin High People’s Court in an appeal hearing ruled the evidence was insufficient to prove the initial conviction. Jin had originally applied for more than 22 million renminbi (three million dollars) in total compensation after he was freed.
The law provides for the right of an individual to petition the government for resolution of grievances. Most petitions address grievances regarding land, housing, entitlements, the environment, or corruption, and most petitioners sought to present their complaints at local “letters and visits” offices. The government reported approximately six million petitions were submitted every year; however, persons petitioning the government continued to face restrictions on their rights to assemble and raise grievances.
While the central government prohibits blocking or restricting “normal petitioning” and unlawfully detaining petitioners, official retaliation against petitioners continued. Regulations encourage handling all litigation-related petitions at the local level through local or provincial courts, reinforcing a system of incentives for local officials to prevent petitioners from raising complaints to higher levels. Local officials sent security personnel to Beijing to force petitioners to return to their home provinces to prevent them from filing complaints against local officials with the central government. Such detentions often went unrecorded and often resulted in brief periods of incarceration in extralegal “black jails.”
In September relatives of Guo Hongwei, a resident of Jilin City, visited him in prison and reported that Hongwei was physically abused, poorly fed, and suffering unfair mistreatment by prison authorities. He was first arrested and jailed in 2004 for engaging in an “economic dispute” with the Jilin Electronic Hospital. After his release, Hongwei complained to authorities regarding the “unjust treatment” he suffered from the courts and others involved in his case, and he petitioned officials to expunge his prison records and allow him to return to his previous employment. His father said Hongwei appealed his case for years after being released, but authorities ignored his request and at times violently beat Hongwei in their attempt to stop him from appealing, leaving him physically disabled and unable to walk. Despite severe harassment by Jilin security authorities, Hongwei continued to press his case with help from his mother. In 2015 Siping city police reportedly arrested Hongwei and his mother Yunling for “picking quarrels and provoking trouble” and “blackmailing the government.” Hongwei was sentenced to 13 years and Yunling to six years and four months in prison. After Yunling and Hongwei were imprisoned, Hongwei’s sister and Yunling’s daughter–Guo Hongying–began to appeal their cases to the authorities. After being detained in 2018, in April 2019 Hongying was sentenced to four years in prison for “picking quarrels and provoking trouble” and 18 months for “hindering public affairs.” Yunling was released at the end of 2019; Hongwei and Hongying remained in prison.
f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence
The law states the “freedom and privacy of correspondence of citizens are protected by law,” but authorities often did not respect the privacy of citizens. On May 28, the government passed a new civil code scheduled to enter into force on January 1, 2021, that introduces articles on the right to privacy and personal information protection. Although the law requires warrants before officers can search premises, officials frequently ignored this requirement. The Public Security Bureau and prosecutors are authorized to issue search warrants on their own authority without judicial review. There continued to be reports of cases of forced entry by police officers.
Authorities monitored telephone calls, text messages, faxes, email, instant messaging, and other digital communications intended to remain private. Authorities also opened and censored domestic and international mail. Security services routinely monitored and entered residences and offices to gain access to computers, telephones, and fax machines. Foreign journalists leaving the country found some of their personal belongings searched. In some cases, when material deemed politically sensitive was uncovered, the journalists had to sign a statement stating they would “voluntarily” leave these documents in the country.
According to Civil Rights and Livelihood Watch, a website focusing on human rights in China, Lin Xiaohua began appealing the case for the bribery conviction of his older brother Lin Xiaonan, the former mayor of Fu’an City, Fujian Province. In June, Xiaohua tried to send petition letters and case files to the Supreme People’s Procuratorate, the Supreme People’s Court, and the National Commission of Supervision-CCP Central Discipline Inspection Commission, but the post office opened all the letters then refused to deliver them. In July the Xiamen Culture and Tourism Administration confiscated the letters and files, stating they were “illegal publications.”
According to Freedom House, rapid advances in surveillance technology–including artificial intelligence, facial recognition, and intrusive surveillance apps–coupled with growing police access to user data helped facilitate the prosecution of prominent dissidents as well as ordinary users. A Carnegie Endowment report in 2019 noted the country was a major worldwide supplier of artificial-intelligence surveillance technology, such as facial recognition systems, smart city/safe city platforms, and smart policing technology.
According to media reports, the Ministry of Public Security used tens of millions of surveillance cameras throughout the country to monitor the general public. Human rights groups stated authorities increasingly relied on the cameras and other forms of surveillance to monitor and intimidate political dissidents, religious leaders and adherents, Tibetans, and Uyghurs. These included facial recognition and “gait recognition” video surveillance, allowing police not only to monitor a situation but also to quickly identify individuals in crowds. December media reports said Chinese technology companies developed artificial intelligence, surveillance, and other technological capabilities to help police identify ethnic minorities, especially Uyghurs. The media sources cited public-facing websites, company documents, and programming language from firms such as Huawei, Megvii, and Hikvision related to their development of a “Uyghur alarm” that could alert police automatically. Huawei denied its products were designed to identify ethnic groups. The monitoring and disruption of telephone and internet communications were particularly widespread in Xinjiang and Tibetan areas. The government installed surveillance cameras in monasteries in the Tibetan Autonomous Region (TAR) and Tibetan areas outside the TAR (see Special Annex, Tibet). The law allows security agencies to cut communication networks during “major security incidents.”
According to Human Rights Watch, the Ministry of State Security partnered with information technology firms to create a “mass automated voice recognition and monitoring system,” similar to ones already in use in Xinjiang and Anhui, to help with solving criminal cases. According to one company involved, the system was programmed to understand Mandarin Chinese and certain minority languages, including Tibetan and Uyghur. In many cases other biometric data such as fingerprints and DNA profiles were being stored as well. This database included information obtained not just from criminals and criminal suspects but also from entire populations of migrant workers and all Uyghurs applying for passports.
Forced relocation because of urban development continued in some locations. Protests over relocation terms or compensation were common, and authorities prosecuted some protest leaders. In rural areas infrastructure and commercial development projects resulted in the forced relocation of thousands of persons.
Property-related disputes between citizens and government authorities sometimes turned violent. These disputes frequently stemmed from local officials’ collusion with property developers to pay little or no compensation to displaced residents, combined with a lack of effective government oversight or media scrutiny of local officials’ involvement in property transactions, as well as a lack of legal remedies or other dispute resolution mechanisms for displaced residents. The problem persisted despite central government claims it had imposed stronger controls over illegal land seizures and taken steps to standardize compensation.
Government authorities also could interfere in families’ living arrangements when a family member was involved in perceived sensitive political activities. In August, Lu Lina, wife of dissident and rights activist Liu Sifang, used Liu’s Twitter account to document how her landlord in Chancheng District, Foshan city, Guangdong Province, under an order from local police, asked her to move out of the apartment. Approximately 10 days prior, her child had been expelled from school. Liu Sifang joined the “Xiamen meeting” at the end of 2019 with other citizen activists and organizers. In January police arrested many of the individuals who attended that meeting. Liu was abroad at year’s end.
The government at various levels and jurisdictions continued to implement two distinct types of social credit systems. The first, the corporate social credit system, is intended to track and prevent corporate malfeasance. The second, the personal social credit system, is implemented differently depending on geographic location. Although often generically referred to as the country’s “social credit system,” these two systems collect vast amounts of data from companies and individuals in an effort to address deficiencies in “social trust,” strengthen access to financial credit instruments, and reduce corruption. As such, the social credit system often collected information on academic records, traffic violations, social media presence, friendships, adherence to birth control regulations, employment performance, consumption habits, and other topics.
Although the government’s goal is to create a unified government social credit system, there continued to be dozens of disparate social credit systems, operated distinctly at the local, provincial, and the national government levels, as well as separate “private” social credit systems operated by several technology companies. For example, there were reports in which individuals were not allowed to ride public transportation for periods of time because they allegedly had not paid for train tickets.
Industry and business experts commented that in its present state, the social credit system was not used to target companies or individuals for their political or religious beliefs, noting the country already possessed other tools outside of the social credit system to target companies and individuals. The collection of vast amounts of personal data combined with the prospect of a future universal and unified social credit system, however, could allow authorities to control further the population’s behaviors.
In a separate use of social media for censorship, human rights activists reported authorities questioned them about their participation in human rights-related chat groups, including on WeChat and WhatsApp. Authorities monitored the groups to identify activists, which led to users’ increased self-censorship on WeChat as well as several separate arrests of chat group administrators.
The government continued to use the “double-linked household” system in Xinjiang developed through many years of use in Tibet. This system divides towns and neighborhoods into units of 10 households each, with the households in each unit instructed to watch over each other and report on “security issues” and poverty problems to the government, thus turning average citizens into informers. In Xinjiang the government also continued to require Uyghur families to accept government “home stays,” in which officials or volunteers forcibly lived in Uyghurs’ homes and monitored families’ observance of religion for signs of “extremism.” Those who exhibited behaviors the government considered to be signs of “extremism,” such as praying, possessing religious texts, or abstaining from alcohol or tobacco, could be detained in “re-education camps.”
The government restricted the right to have children (see section 6, Women).