Judicial System
The Chinese government has long been accused of using its criminal justice system to silence dissidents. The Constitution mandates an independent judiciary, but in reality the Chinese Community Party frequently decides politically motivated verdicts to silence dissidents and human rights activists. In 2012, China once again had the highest rate of executions in the world with the exact number unknown but estimated to range from 5,000-8,000.
Numerous individuals have also been subject to “labor reeducation panels” (RTL) for engaging in free speech and religious expression. Common charges include “endangering state security, inciting subversion of state power, and leaking state secrets,” often resulting in indefinite detention and torture.
Although the criminal procedure law requires that family members of the suspect be notified 24 hours in advance of detention, exceptions are allowed in order to prevent “state security” or terrorism. The law also allows surveillance on residential property for up to six months if the suspect if state security, terrorism, or bribery is implicated.
House arrest of prominent dissidents is also common, particularly during sensitive periods like the anniversary of the Tiananmen Square Massacre, commemoration of Tibetan uprisings, and major Party leadership transitions. Security forces often guard the perimeters of the home, resulting in total seclusion. Individuals are rarely allowed to leave their residence under house arrest, unless escorted by security.
Lawyers who took on controversial cases featuring prominent dissidents faced threats, harassment, detention, and suspension of professional license from the government. This has led to the lack of a fair trial for defendants facing politically motivated charges and resulted in severe disenfranchisement and punishment. Former President Hu Jintao’s “Three Supremes” doctrine is often cited as proof that the CCP’s guiding ideology is rule by law, rather than rule of law.
Liu Xiaobo, a Nobel Peace Prize laureate who was imprisoned for 11 years “incitement to subvert state power.” His wife’s, Liu Xia, whereabouts are unknown but she is suspected to be under house arrest to avoid bringing attention to his case. Chen Guangcheng, a bling lawyer and activist, was under house arrest after serving a prison term for “intentionally damaging property and gathering crowds to disturb transport order.” After escaping house arrest, he sought refuge in the U.S. embassy in Beijing and was brought with his family to the U.S. after a high-profile diplomatic row over his release.
Sources: United States. U.S. Department of State. Country Reports on Human Rights Practices for 2012 China (includes Tibet, Hong Kong, and Macau). 2012. Web.
"Annual Report 2013: China." Amnesty International. Amnesty International. Web. 30 Jan 2014. <https://www.amnesty.org/en/region/china/report-2013>.
"World Report 2013: China." Human Rights Watch. Human Rights Watch. Web. 2 Feb 2014. <http://www.hrw.org/world-report/2013/country-chapters/china>.