Helen Kemprecos

ILLEGAL DETENTIO
N

IN CHINA
HELEN KEMPRECOS

Helen Kemprecos

ILLEGAL DETENTION IN CHINA

The Peoples Republic of China, though a leading nation concerning economy and industry growth, has a long way to go before its human rights record can be forgotten. Concerns about censorship, human rights, illegal detention and many more have led to international criticism regarding how China abuses individuals rights to protect their own power. As Jiang Zemin put it, After Tiananmen it became clear that the Chinese Communist Leadership Party will not be easily disposed of. It shows that they will risk regime legitimacy and citizens lives to stay in power. (182) Chinas resistance to reforming their policy regarding human rights has caused problems such as arbitrary detention, an absence of improvement in legislation and inhuman treatment for those who are illegally detained. Illegal detention in China is commonly used to stop petitioners from local governments, reaching the central government in major cities such as Beijing. Therefore, people are stopped from voicing their troubles, something that authorities do not want as it might lead to change, though not in their favor. Detainees are stopped by placing them in black-jails where they are beaten, isolated and tortured. They can be held in any sort of building from state-run nursing homes to suburban hotels, as well as small huts and even houses. Zhang Bing, deputy head of Beijing's public security bureau, was quoted as saying there are about 300,000 private security guards in the city (BBC, Beijing to crack down on Black jails). These security firms, made up of such guards, are hired by local government authorities to prevent the aforementioned petitioners from reaching their destination. For many of the detainees, the entire situation can be painful not only because of physical abuse but also because of mental issues. Many of those who are illegally detained are done so randomly or are given no reason for being imprisoned. "I asked why they were detaining me, and as a group [the guards] came in and punched and kicked me and said they wanted to kill me," one former detainee told the group of human rights watch, who asked questions to 38 detainees (BBC, China plans 'human rights action'). This incident goes to show the conditions that these people have to live with for months on end and how it affects the entire country. If people cant even have their grievances solved at a local level, then how can they have it at a national level? The Global Times said police uncovered one detention center in Beijing's Changping District in August, which had been paid for by five local authorities (BBC China 'running illegal prisons'). However, officials and high-ups in the Chinese central government still protest, saying that these types of black jails do not in fact exist and therefore they need not do anything about it. In the Chinese government, the

Helen Kemprecos people who have the resources to prevent illegal detention are not obliged to as they deny the existence of such facilities. The Chinese penal system is devised to give officials a great deal of extensive discretion regarding cases. Additionally, it uses very general terms such as minor, serious and very serious. According to Britannica, These meanings are often left up to the officials in charge of deciding the sentence and give them a certain amount of freedom in deciding the charge. Therefore, those who are sentenced by non-judicial bodies, such as the police, are often given different punishments depending on the official in charge. Not only are that, but laws are badly enforced and bribery is common amongst police and judges. Furthermore, the law offers few avenues to those who are exploited or treated unjustly. Also, those who try and look out for themselves are often hurt even more. More than 100 defense lawyers have been arrested under a clause in the law that gives police and prosecutors the right to jail people for making statements in court deemed to be false. Although, it should be known that the Chinese government has released a two year plan outlining how the government will work to prevent illegal detentions, abuse, and protect minorities and women. Amnesty International welcomed the plan but noted a number of "important omissions". "While respecting the universal principles of human rights, the Chinese government in the light of the basic realities of China gives priority to the protection of the people's rights to subsistence and development," said an introduction to the document released by the official Xinhua news agency (BBC, China plans 'human rights action'). The 54-page document outlines, among other things, that the corporal punishment, abuse, and insulting of detainees or the extraction of confessions by torture will be strictly prohibited. This plan, though a step forward, has been hampered by another new law recently passed by the government, which will allow police will be able to detain suspects in secret locations for up to six months. Critics say that this new law will give police more room to abuse suspects, as China has long been known for its underground jails. "This is the formalization of detaining people wherever they please," said Nicholas Bequelin, senior researcher in Hong Kong for the nonprofit group Human Rights Watch. He noted that "endangering national security" as well as state-secrets has been interpreted in a very broad manner to include acts like criticizing the Chinese government (CNN, China passes new law allowing secret detentions). The problem is seeing how well the Chinese government will uphold the law, which includes the rights that the accused can see a lawyer and that evidence gathered through torture will not be used. Despite begging and pleading, those who are detained do not receive medical attention and are beaten for the simplest of things. On March 28, Hu Jia was released after 41 days of detention and questioning. Hu Jia is diagnosed with hepatitis B, he said in an interview with Radio Free Asia that during his imprisonment he was denied medication, despite his pleading (Whos in Chinas prison?). His story goes to show the inhuman treatment that these people receive and underlines the need for closing such operations. A human rights group report, entitled An Alleyway in Hell, says ordinary people are often abducted from the streets and taken to illegal detention centers. This is proven true after

Helen Kemprecos being seconded by Yuwen Wu, who stated that Ordinary people can be grabbed off the streets, stripped of their possessions and be kept without explanation as to why they are there. His report emphasizes the need to put more pressure on the Chinese government to prevent these types of situations. The main concern with China is that it is a leading country and as other nations around the world look up to countries such as China, they see it as acceptable to abuse peoples human rights and take away the fundamental moral code. This apprehension is due to those leaders around the globe who will see the abuse of human rights a good way to keep people under control, as is done in China. To prevent this situation, the international community must put more pressure on China to discontinue the pattern of illegal detention. Those who are kept in these detention facilities are subject to cruelty and are victim to a society in which not enough is being done to stop such predicaments.

Work Cited Page

""An Alleyway in Hell" | Human Rights Watch." "An Alleyway in Hell" | Human Rights Watch. Human Rights Watch, 12 Nov. 2009. Web. 06 June 2012. <http://www.hrw.org/reports/2009/11/12/alleyway-hell-0>.
"China 'running Illegal Prisons'" BBC News. BBC, 11 Dec. 2009. Web. 22 May 2012. <http://news.bbc.co.uk/2/hi/asia-pacific/8356095.stm>. "crime". Encyclopdia Britannica. Encyclopdia Britannica Online. Encyclopdia Britannica Inc., 2012. Web. 22 May. 2012 <http://www.britannica.com/EBchecked/topic/142953/crime/53451/Islamic-countries>. Bristow, Michael. "Beijing to Crack down on 'black Jails'" BBC News. BBC, 12 Feb. 2011. Web. 20 May 2012. <http://www.bbc.co.uk/news/world-asia-china-15998076>. England, Vaudine. "China Plans 'human Rights Action'" BBC News. BBC, 14 Apr. 2009. Web. 22 May 2012. <http://news.bbc.co.uk/2/hi/asia-pacific/7996503.stm>. Jannuzi, Frank. "Why Is China So Afraid of One Blind Activist?" Amnesty International, 3 May 2012. Web. 19 May 2012. <http://blog.amnestyusa.org/asia/why-is-china-so-afraid-of-one-blind-activist/>.

Jiang Zemin. "Maintaining Authoritarian Rule." China. 182-84. Print. Opposing View Points.
Staff, CNN Wire, and Jethro Mullen. "China Passes New Law Allowing Secret Detentions." CNN. Cable News Network, 14 Mar. 2012. Web. 22 May 2012. <http://edition.cnn.com/2012/03/14/world/asia/china-criminal-law/index.html?iref=allsearch>.

"Who's in China's Prison?" ELibrary. Web. 19 May 2012.

Helen Kemprecos Wu, Yuwen. "China Dissident Chen Guangcheng Escapes House Arrest." BBC News. BBC, 27 Apr. 2012. Web. 20 May 2012. <http://www.bbc.co.uk/news/world-asia-china-17865465>.