China narrows scope of contentious ‘designated location’ detention
China’s top legislative body has submitted a draft amendment to its Criminal Procedure Law aimed at significantly narrowing the use of residential surveillance at a designated location (RSDL), a contentious form of detention frequently employed in state security cases. The proposal, submitted for initial review on Monday by the National People’s Congress Standing Committee, seeks to clarify that residential surveillance should be positioned as an alternative measure to reduce pretrial detention, the South China Morning Post reported.
Instead, other compulsory measures must be taken, according to the state-run Xinhua news agency.
From Mild Restriction to Harshest Form of Detention
Originally introduced in 1996 and later expanded in 2012, RSDL was intended as a mild restriction of personal freedom to lower the rate of arrest and detention. However, in practice, it evolved into the harshest form of detention used in state security cases, including terrorism. The law previously allowed RSDL to be applied under two main circumstances: when a suspect or defendant has no fixed residence, and when a case involves a crime endangering national security or a terrorist offense where executing surveillance at the person’s own residence might impede the investigation.
Legal scholars have long criticized the measure for its potential for abuse.
Draft Reform Bans Presumption of Guilt, Boosts Victims' Rights
The proposed changes extend beyond the scope of RSDL. The draft amendment also aims to prevent extended custody beyond prescribed time limits and to strengthen victims' rights by providing more relief, legal aid, or even police assistance for those who face difficulty producing evidence. More significantly, the draft refines the basic principles of criminal procedure by explicitly stating that “presumption of guilt is prohibited,” Xinhua reported.
The legal community in China has repeatedly called for restricting or even removing RSDL in recent years. Lawyers have argued that the measure has been abused by authorities, some of whom have been accused of using torture to extract information from suspects. In the past, suspects subjected to RSDL were typically placed under 24-hour watch, even while sleeping or using the bathroom, and were subjected to continuous interrogations. Police often decided the location of detention with no supervision, according to lawyers and media reports.
Reaction to the proposed restrictions has been mixed. Other legal experts, such as Li Fenfei, a law professor at Renmin University in Beijing, told the digital media outlet Jiemian News that the conditions for granting bail should be relaxed to reduce the use of unnecessary pretrial detention.
Next Steps for Legislative Review
This fourth revision, being considered after an eight-year interval, has been highly anticipated following extensive legal discussions surrounding RSDL.
The draft amendment now faces a period of initial review by the National People’s Congress Standing Committee, a process that will determine if it proceeds to further deliberation. The extent to which the revised law will impact the broader use of compulsory measures, including bail, detention, and arrest, remains a central question as the process moves forward.
