In June, the National Intelligence Law was
adopted and entered into force. These laws
were part of a national security legal
architecture introduced in 2014 − which also
included the Anti-espionage Law, Criminal
Law Amendment (9), National Security Law,
Anti-terrorism Law and Cyber Security Law −
and presented serious threats to the
protection of human rights. The National
Intelligence Law used similarly vague and
overbroad concepts of national security, and
granted effectively unchecked powers to
national intelligence institutions with unclear
roles and responsibilities. All lacked
safeguards to protect against arbitrary
detention and to protect the right to privacy,
freedom of expression and other human
rights.1
The draft Supervision Law, which opened
for consultation in November, would, if
enacted as is, legalize a new form of arbitrary
detention, named liuzhi, and create an
extrajudicial system with far-reaching powers
with significant potential to infringe human
rights.2
The authorities continued to use “residential
surveillance in a designated location”, a form
of secret incommunicado detention that
allowed the police to hold individuals for up
to six months outside the formal detention
system, without access to legal counsel of
their choice, their families or others, and
placed suspects at risk of torture and other
ill-treatment. This form of detention was used
to curb the activities of human rights
defenders, including lawyers, activists and
religious practitioners.
HUMAN RIGHTS DEFENDERS
On 13 July, Nobel Peace Prize laureate Liu
Xiaobo died in custody from liver cancer. The
authorities had refused a request from Liu
Xiaobo and his family that he travel abroad to
receive medical treatment.3 At the end of the
year, his wife Liu Xia remained under
surveillance and illegal “house arrest” which
had continued since Liu Xiaobo was awarded
the Nobel Peace Prize in 2010. At least 10
activists were detained for holding memorials
for him.
126
In November, writer and government critic
Yang Tongyan, who had spent nearly half his
life in detention, died shortly after his release
on medical parole.
Among the nearly 250 targeted individuals
who were questioned or detained by state
security agents following the unprecedented
government crackdown on human rights
lawyers and other activists that started in July
2015, nine were convicted of “subverting
state power”, “inciting subversion of state
power” or “picking quarrels and provoking
trouble”. Three people were given suspended
sentences and one “exempted from criminal
punishment” while remaining under
surveillance and five remained imprisoned. In
April, Beijing lawyer Li Heping, detained
since the beginning of the crackdown, was
given a three-year suspended prison
sentence for “subverting state power”. He
claimed that he was tortured during pre-trial
detention, including being force-fed
medicine. Yin Xu’an was sentenced in May to
three and a half years’ imprisonment. Wang
Fang was sentenced in July to three years’
imprisonment. Beijing lawyer Jiang Tianyong,
who went missing in November 2016 and
“confessed” at a trial in August to fabricating
the torture account of lawyer Xie Yang by
Chinese police and attending overseas
workshops to discuss changing China’s
political system, was sentenced in November
to two years’ imprisonment for “inciting
subversion of state power”. Hu Shigen and
Zhou Shifeng, convicted in 2016, remained
imprisoned. Beijing human rights lawyer
Wang Quanzhang, held in incommunicado
detention since the beginning of the
crackdown, was still awaiting trial at the end
of the year, charged with “subverting state
power”. In January, an interview transcript
with Xie Yang was published in which he said
he faced torture and other ill-treatment
during detention. Xie Yang was released on
bail without a verdict in May after his trial. On
26 December, the court announced his
conviction on the charge of “inciting
subversion of state power” but ruled that he
was “exempt from criminal punishment”. He
remained under surveillance.
Amnesty International Report 2017/18
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