Prof. Don Clarke, GWU Law School, has posted comments and a translation by Bayer & Li - on the proposed revisions to China's criminal procedure law. Of particular concern to Western observers is the provision on "residential surveillance" or house arrest.
This law has often been abused by police who detain people in detention facilities not in their homes. One of the harshest aspects of the practice is that police have had no duty to give notice of their action to family members, so some people "disappear" for extended periods of time.
The draft contains some improvements - particularly notice to family of the reasons for the restraint - leaving the usual doubts due to inability to enforce such directives in practice. There is no habeas corpus equivalent in China's criminal procedure law. - GWC
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