China to narrow scope of contentious detention and surveillance measure
Chinese lawmakers are proposing to restrict a contentious form of detention and police surveillance measure, among other changes to the country’s Criminal Procedure Law. Known as residential surveillance at a designated location (RSDL), the measure was originally intended as a mild restriction of personal freedoms to lower the rate of detention and arrest. Since RSDL’s introduction in 1996 and…
Chinese lawmakers are considering limiting the scope of a contentious detention and surveillance measure known as residential surveillance at a designated location (RSDL). Initially introduced in 1996 to curb detention rates, RSDL has evolved into the most severe form of detention in state security cases, including terrorism. Recently, a draft amendment aimed at addressing the measure's concerns was submitted for review by China's top legislative body, the National People's Congress Standing Committee.
The amendment, comprising 55 articles, prioritizes protecting the rights of those involved in criminal proceedings, such as victims, suspects, defendants, and lawyers. One key change is clarifying that RSDL should be used as an alternative to reduce pretrial detention rather than a primary measure. For individuals without a fixed residence, police can no longer designate a location for surveillance; instead, other compulsory measures should be applied. Additionally, suspects and defendants without a fixed residence are no longer eligible for RSDL.
Prior to the amendment, RSDL was primarily applied in two scenarios: when the suspect or defendant lacks a fixed residence, or when the case involves a crime endangering national security or terrorism, and the measure's implementation at their residence could hinder the investigation. Lawyers have long expressed concerns about RSDL's potential abuse, alleging that authorities sometimes resorted to torture to extract information from suspects.
The amendment aims to narrow the conditions under which RSDL can be utilized, thereby safeguarding the lawful rights of suspects and defendants.
Written by urgent.news from Reuters Business via SCMP's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
