Advertisement
Crime in China
ChinaPolitics

China quietly curbs abuse of detention procedure linked to suspect deaths

New guidelines on supervision, approval and execution of ‘residential surveillance at a designated location’ leaked online

Reading Time:3 minutes
Why you can trust SCMP
7
Critics say RSDL has led to illegal interrogation and prevented suspects from having access to lawyers. Photo: Weibo/南方周末
Phoebe Zhangin Shenzhen
China has been quietly restricting the widespread abuse of a form of detention legal critics believe is a key source of illegal interrogation that has led to multiple deaths and blocked suspects’ access to lawyers.

There has been no official announcement of the changes. But last month, a leaked file of new guidelines circulated online, adding supervision and restricting the way the measure, known as residential surveillance at a designated location (RSDL), is approved and executed.

RSDL was originally included in China’s Criminal Procedure Law in 1979 as a form of mild restriction of personal freedom, similar to house arrest.

Advertisement
But in a key amendment in 2012, the law stipulated that it could apply to those suspected of serious crimes such as terrorism and state security breaches, which pundits argued marked a turning point in how RSDL was applied.

Over the years, it has been frequently used by police in organised crime and state security cases, and later expanded to less serious crimes, with suspects often locked up in special facilities and tortured.

Advertisement

China’s legal community has tried repeatedly to address the issue. As early as 2015, Sun Qian, then deputy prosecutor general of the Supreme People’s Procuratorate, said in an article that some local governments regarded RSDL as a convenient tool for solving cases, favouring its use because it isolated the suspects, prevented them from receiving outside information and occupied all of their time.

Advertisement
Select Voice
Choose your listening speed
Get through articles 2x faster
1.25x
250 WPM
Slow
Average
Fast
1.25x