E/CN.4/2006/6/Add.6
page 11
Re-education through Labour
33.
Re-education through Labour (RTL) is one type of administrative detention.35 There is
no law underpinning the system of RTL; rather, the regulatory framework is comprised of a
patchwork of administrative regulations36 contrary to the 2000 Legislation Law, which states that
only the National People’s Congress, and in some cases its Standing Committee, can pass
legislation on matters relating to the deprivation of liberty of Chinese citizens.37 According to
article 10 of the 1982 Regulations, six categories of petty offenders are identified as not
deserving criminal sanctions: counter-revolutionaries or elements who oppose the
Communist Party or socialism; those who commit minor offences relating to group crimes of
murder, robbery, rape or arson; those who commit minor offences such as hooliganism,
prostitution, theft, or fraud; those who gather together to fight, disturb social order, or instigate
turmoil; those who have a job but repeatedly refuse to work, and disrupt labour discipline,
complain endlessly, as well as disrupt the production order, work order, school and research
institute order and people’s normal life; and those who instigate others to commit crimes. Terms
for RTL are fixed at between one and three years with the possibility of an extension of one
year.38 Decisions on RTL are supposed to be taken by an Administrative Committee comprised
of officials from the bureaux of civil affairs, public security and labour. In practice, however,
public security officials dominate the decision-making process.39
Political crimes
34.
While the crimes of “counter-revolution” and “hooliganism” were removed from
China’s CL in 1997, they were replaced with equally vague crimes such as “endangering
national security” which is applied to a broad range of offences (arts. 102-123),40 “splitting
the State or undermining the unity of the country” (art. 103), “armed rebellion or armed riot”
(art. 104), “subverting the State power or overthrowing the socialist system” (art. 105),
“espionage” (art. 110) and “stealing, spying, buying or unlawfully supplying State secrets or
intelligence to individuals outside the territory of China” (art. 111). The vague definition of
these crimes leaves their application open to abuse particularly of the rights to freedom of
religion, speech, and assembly.41
35.
In the report of its 2004 visit to China, the Working Group on Arbitrary Detention
expressed concern regarding definitions in criminal law legislation having such vague, imprecise
or sweeping elements like “disrupting social order”, “endangering national security”, “violating
the unity and integrity of the State”, “subverting public order”, “affecting national security” and
the like. The Working Group recommended that these crimes be defined in precise terms and an
exception be introduced into the CL to the effect that the peaceful activity in the exercise of the
fundamental rights guaranteed by the Universal Declaration of Human Rights not be considered
criminal.42 To date, this recommendation has not been implemented.
Complaints and investigation
36.
Legal provisions dealing with the right of detainees to make a complaint include:
article 41 (2) of the Chinese Constitution which states: “In case of complaints, charges, or
exposures made by citizens, the State organ concerned must deal with them in a responsible
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