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China (Includes Hong Kong, Macau, and Tibet)

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The law prohibits the physical abuse and mistreatment of detainees and forbids prison guards from coercing confessions, insulting prisoners’ dignity, and beating or encouraging others to beat prisoners. The law excludes evidence obtained through illegal means, including coerced confessions, in certain categories of criminal cases. There were credible reports that authorities routinely ignored prohibitions against torture, especially in politically sensitive cases.

Numerous former prisoners and detainees reported they were beaten, raped, subjected to electric shock, forced to sit on stools for hours on end, hung by the wrists, deprived of sleep, force-fed, forced to take medication against their will, and otherwise subjected to physical and psychological abuse. Although prison authorities abused ordinary prisoners, they reportedly singled out political and religious dissidents for particularly harsh treatment.

Zhang Zhan, sentenced to four years’ imprisonment in December 2020 for her activities as a citizen journalist during the COVID-19 outbreak in Wuhan, was not allowed family visits by Shanghai prison authorities. When Zhang went on a hunger strike, prison officials force-fed her, tying and chaining her arms, torso, and feet.

In August after 21 months in detention, human rights lawyer Ding Jiaxi was indicted. Ding was detained in 2019 on suspicion of “inciting subversion of state power” for participating in a meeting in Xiamen, Fujian Province, to organize civil society activities and peaceful resistance to Chinese Communist Party (CCP) rule. Ding’s wife posted on Twitter that Ding was tortured in a detention center in Beijing, including being subjected to sleep deprivation tactics such as shining a spotlight on him 24 hours per day.

On March 22, Zhang Wuzhou was sentenced to two years and nine months in prison for “obstructing official duty, provoking quarrels and stirring up trouble.” Following her arrest in June 2020, Zhang was tortured in the Qingxin District Detention Center in Qingyuan (Guangdong Province), according to her lawyer’s July 2020 account as reported by Radio Free Asia. Zhang said that detention center authorities handcuffed her, made her wear heavy foot shackles, and placed her in a cell where other inmates beat her. The Qingyuan Public Security Bureau detained Zhang on charges of “provoking quarrels and stirring up troubles” two days after she held banners at Guangzhou Baiyun Mountains to mark the anniversary of the Tiananmen massacre.

As of November human rights activist and lawyer Yu Wensheng remained in a Nanjing prison serving a four-year sentence. In April he was treated in a hospital for nerve damage from an unknown incident suffered in prison. He was convicted in June 2020 for “inciting subversion of state power” and was held incommunicado for 18 months before and after his conviction. Yu reported he was repeatedly sprayed with pepper spray and was forced into a stress position for an extended period.

As of November human rights lawyer Chang Weiping, who was reportedly tortured while in RSDL, was still in pretrial detention. Chang, known for his successful representation of HIV and AIDS discrimination cases, was detained in October 2020 after posting a video to YouTube detailing torture he suffered during a January 2020 round of RSDL.

In December 2020 Niu Tengyu was sentenced to a 14-year jail term by the Maonan District People’s Court in Guangdong for “picking quarrels and stirring up trouble,” “violating others’ privacy,” and “running an illegal business” in a case that has been linked to the leak of the personal information of President Xi’s daughter. According to RFA, Niu’s lawyers alleged that prior to the trial, Niu was stripped, suspended from the ceiling, and his genitals burned with a lighter. They also alleged he was beaten so badly that he lost use of his right hand.

Members of the minority Uyghur ethnic group reported systematic torture and other degrading treatment by law enforcement officers and officials working within the penal system and the internment camps. Survivors stated that authorities subjected individuals in custody to electric shock, waterboarding, beatings, rape, forced sterilization, forced prostitution, stress positions, forced administration of unknown medication, and cold cells (see section 6, Systemic Racial or Ethnic Violence and Discrimination). In an October report on CNN, a former PRC police detective now living in Europe who had multiple tours of duty in Xinjiang confirmed many of these specific allegations in what he described as a systematic campaign of torture.

In March, Newlines Institute for Strategy and Policy released a comprehensive assessment of the PRC’s actions in Xinjiang to examine “whether China bears State responsibility for breaches of Article II of the Genocide Convention, in particular, whether China is committing genocide against the Uyghurs as defined by Article II of the Convention.” The report included contributions of more than 30 scholars and researchers and found that the PRC has implemented a campaign designed to eliminate Uyghurs, in whole or in part. The report stated, “[h]igh-level officials gave orders to ‘round up everyone who should be rounded up,’ ‘wipe them out completely,’ ‘break their lineage, break their roots, break their connections and break their origins.’” The report noted the PRC has also pursued a “dual systematic campaign of forcibly sterilizing Uyghur women of childbearing age and interning Uyghur men of child-bearing years, preventing the regenerative capacity of the group.”

In June, Amnesty International released a report that documented the accounts of more than 50 former detainees regarding the torture, mistreatment, and violence inflicted on them in camps in Xinjiang. The report detailed the systematic use of detainment and “re-education” centers to target Uyghurs and members of other ethnic minorities living in Xinjiang. The report concluded, “according to the evidence Amnesty International has gathered, corroborated by other reliable sources, members of the predominantly Muslim ethnic minorities in Xinjiang have been subjected to an attack meeting all the contextual elements of crimes against humanity.” Further, it elaborated on violence and detention stating, “Amnesty International believes the evidence it has collected provides a factual basis for the conclusion that the Chinese government has committed at least the following crimes against humanity: imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law; torture; and persecution.”

The treatment and abuse of detainees under the liuzhi detention system, which operates outside the judicial system as a legal tool for the government and the CCP to investigate corruption and other offenses, featured custodial treatment such as extended solitary confinement, sleep deprivation, beatings, and forced standing or sitting in uncomfortable positions for hours and sometimes days, according to press reports.

The law states psychiatric treatment and hospitalization should be “on a voluntary basis,” but the law also allows authorities and family members to commit persons to psychiatric facilities against their will and fails to provide meaningful legal protections for persons sent to psychiatric facilities. The law does not provide for the right to a lawyer and restricts a person’s right to communicate with those outside the psychiatric institution.

Official media reported the Ministry of Public Security directly administered 23 psychiatric hospitals for the criminally insane.  While many of those committed to mental health facilities were convicted of murder and other violent crimes, there were also reports of activists, religious or spiritual adherents, and petitioners involuntarily subjected to psychiatric treatment for political reasons.  Public security officials may commit individuals to psychiatric facilities and force treatment for “conditions” that have no basis in psychiatry.

Impunity was a significant problem in the security forces, including the Ministry of Public Security, the Ministry of State Security, and the Ministry of Justice, which manages the prison system.

Prison and Detention Center Conditions

Conditions in penal institutions for both political prisoners and criminal offenders were generally harsh and often life threatening or degrading.

Physical Conditions: Authorities regularly held prisoners and detainees in overcrowded conditions with poor sanitation. Food often was inadequate and of poor quality, and many detainees relied on supplemental food, medicines, and warm clothing provided by relatives when allowed to receive them. Prisoners often reported sleeping on the floor because there were no beds or bedding. In many cases provisions for sanitation, ventilation, heating, lighting, and access to potable water were inadequate.

The lack of adequate, timely medical care for prisoners remained a serious problem, despite official assurances prisoners have the right to prompt medical treatment. Prison authorities at times withheld medical treatment from political prisoners. Multiple NGOs and news agencies reported detainees at “re-education” centers or long-term extrajudicial detention centers became seriously ill or died.

Political prisoners were sometimes held with the general prison population and reported being beaten by other prisoners at the instigation of guards. Some reported being held in the same cells as death row inmates. In some cases authorities did not allow dissidents to receive supplemental food, medicine, and warm clothing from relatives.

Conditions in administrative detention facilities were similar to those in prisons. Deaths from beatings occurred in administrative detention facilities. Detainees reported beatings, sexual assaults, lack of proper food, and limited or no access to medical care.

In Xinjiang authorities expanded internment camps for Uyghurs, ethnic Kazakhs, and other Muslims. Buzzfeed reported in July that the map of detention centers “neatly fits the geography of counties and prefectures across Xinjiang, with a camp and detention center in most counties and a prison or two per prefecture.” The report estimated that the government had built enough detention space to hold up to 1.01 million individuals. The Australian Strategic Policy Institute’s Xinjiang Data Project satellite analysis indicated that Xinjiang has 385 detention centers. In some cases authorities used repurposed schools, factories, and prisons to hold detainees. The Associated Press reported in October that authorities have closed or repurposed the makeshift detention centers found in cities, but in their place have built larger detention centers outside the cities. According to Human Rights Watch, these camps focused on “military-style discipline and pervasive political indoctrination of the detainees.” Detainees reported pervasive physical abuse and torture in the camps and overcrowded and unsanitary conditions.

In July the Associated Press estimated one detention center in Dabancheng, Xinjiang could hold 10,000 persons. Associated Press reported that during a tour of the facility it observed detainees “in uniform rows with their legs crossed in lotus position and their backs ramrod straight” where they watched videos of CCP propaganda. In October, CNN interviewed a former Chinese police officer who served multiple tours in Xinjiang and was directly involved in the severe physical mistreatment and violence undertaken against Uyghurs and other ethnic minority communities. The officer stated, “We took (them) all forcibly overnight. If there were hundreds of people in one county in this area, then you had to arrest these hundreds of people.” During interrogations, police officers would “kick them, beat them (until they’re) bruised and swollen, … Until they kneel on the floor crying.” “Interrogation” methods included shackling persons to a metal or wooden “tiger chair” (rendering them immobile), sexual violence against men and women, electrocutions, and waterboarding. The source said inmates were forced to stay awake for days and denied food and water. The former police officer stated that 150,000 police officers had been recruited to participate in the province-wide “strike hard” campaign and that there were arrest quotas they had to meet. Authorities accused detainees of terror offenses, but the source said he believed “none” of the hundreds of prisoners he was involved in arresting had committed a crime.

Administration: The law states letters from a prisoner to higher authorities of the prison or to the judicial organs shall be free from examination; it was unclear to what extent the law was observed. While authorities occasionally investigated credible allegations of inhuman conditions, their results were not documented in a publicly accessible manner. Authorities denied many prisoners and detainees reasonable access to visitors and correspondence with family members. Some family members did not know the whereabouts of their relatives in custody. Authorities also prevented many prisoners and detainees from engaging in religious practices or gaining access to religious materials.

Independent Monitoring: Authorities considered information about prisons and various other types of administrative and extralegal detention facilities to be a state secret, and the government did not permit independent monitoring.

d. Arbitrary Arrest or Detention

Arbitrary arrest and detention remained systemic. The law grants public security officers broad administrative detention powers and the ability to detain individuals for extended periods without formal arrest or criminal charges. Lawyers, human rights activists, journalists, religious leaders and adherents, and former political prisoners and their family members continued to be targeted for arbitrary detention or arrest. (See section 1.b., Disappearance, for a description of RSDL and liuzhi.)

The law provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court, but the government generally did not observe this requirement.

There were allegations of detainee abuse and torture in the official detention system, known as liuzhi, of the National Supervisory Commission-Central Commission for Discipline Inspection (NSC-CCDI; see section 4). Liuzhi detainees are held incommunicado and have no recourse to appeal their detention. While detainee abuse is proscribed by the law, the mechanism for detainees to report abuse was unclear.

On March 14, Li Qiaochu was arrested for her human rights advocacy and involvement with fellow activists involved in the nationwide crackdown of lawyers and activists who participated in 2019 meetings in Xiamen, Fujian. Her first visit with her lawyer was on August 27, who reported that her mental health had deteriorated. At year’s end she was still detained in Shandong Province on suspicion of “subverting state power.”

On October 1, more than 170 Uyghurs in Hotan, Xinjiang, were detained by the National Security Agency of Hotan on the country’s national day, according to Radio Free Asia. They were accused of displaying feelings of resistance to the country during flag-raising activities. Among those detained were at least 40 women and 19 minors.

On September 19, journalist Sophia Huang and activist Wang Jianbing were detained in Guangzhou, according to the rights group Weiquanwang (Rights Protection Network). Huang had planned to leave China via Hong Kong on September 20 for the United Kingdom, where she intended to pursue graduate studies. Media reported that both were being held incommunicado under RSDL on suspicion of “incitement to subvert state power.” As of year’s end they remained detained in Guangzhou, and no one was allowed to see the pair.

In September, PRC authorities released Canadian citizens Michael Kovrig and Michael Spavor from detention in China and allowed them to return to Canada, shortly following the release by Canadian authorities of Huawei Technologies executive Meng Wanzhou. Kovrig and Spavor had been detained since December 2018, after the arrest in Canada of Meng. For months the two Canadian citizens were held in RSDL before being charged with a crime and were denied access to lawyers and consular services. Another Canadian, Robert Schellenberg, remained in detention as his sentence was reviewed. After Meng’s arrest, Schellenberg’s sentence for drug-smuggling crimes was increased from 15 years’ imprisonment to a death sentence.

There were no statistics available for the number of individuals in the liuzhi detention system nationwide. Several provinces, however, publicized these numbers, including Heilongjiang with 376 and Jilin with 275 detained, both in 2020. One provincial official heading the liuzhi detention system stated suspects averaged 42.5 days in detention before being transferred into the criminal justice system.

Arrest Procedures and Treatment of Detainees

Criminal detention beyond 37 days requires approval of a formal arrest by the procuratorate, but in cases pertaining to “national security, terrorism, and major bribery,” the law permits up to six months of incommunicado detention without formal arrest. After formally arresting a suspect, public security authorities are authorized to detain a suspect for up to an additional seven months while the case is investigated.

After the completion of an investigation, the procuratorate may detain a suspect an additional 45 days while determining whether to file criminal charges. If charges are filed, authorities may detain a suspect for an additional 45 days before beginning judicial proceedings. Public security officials sometimes detained persons beyond the period allowed by law, and pretrial detention periods of a year or longer were common.

The law stipulates detainees be allowed to meet with defense counsel before criminal charges are filed, although lengthy detention without access to lawyers before charges were filed were common. The criminal procedure law requires a court to provide a lawyer to a defendant who has not already retained one; is blind, deaf, mute, or mentally ill; is a minor; or faces a life sentence or the death penalty. This law applies whether or not the defendant is indigent. Courts may also provide lawyers to other criminal defendants who cannot afford them, although courts often did not do so. Lawyers reported significant difficulties meeting their clients in detention centers, especially in cases considered politically sensitive. According to the South China Morning Post, a new legal aid law introduced in August that will enter into force in 2022 stipulates that legal consultation, the drafting of legal documents, representation in cases, labor arbitration and mediation will be paid for by legal aid centers set up central and local government.

Criminal defendants are entitled to apply for bail (also translated as “a guarantor pending trial”) while awaiting trial, but the system did not operate effectively, and authorities released few suspects on bail.

The law requires notification of family members within 24 hours of detention, but authorities often held individuals without providing such notification for significantly longer periods, especially in politically sensitive cases. In some cases notification did not occur. Under a sweeping exception, officials are not required to provide notification if doing so would “hinder the investigation” of a case. The criminal procedure law limits this exception to cases involving state security or terrorism, but public security officials have broad discretion to interpret these provisions.

Under certain circumstances the law allows for residential surveillance in the detainee’s home, rather than detention in a formal facility. With the approval of the next-higher-level authorities, officials also may place a suspect under “residential surveillance at a designated location” for up to six months when they suspect crimes of endangering state security, terrorism, or serious bribery and believe surveillance at the suspect’s home would impede the investigation. Authorities may also prevent defense lawyers from meeting with suspects in these categories of cases. Human rights organizations and detainees reported the practice of residential surveillance at a designated location left detainees at a high risk for torture, since being neither at home nor in a monitored detention facility reduced opportunities for oversight of detainee treatment and mechanisms for appeal.

Authorities used administrative detention to intimidate political and religious advocates and to prevent public demonstrations. Forms of administrative detention included compulsory drug rehabilitation treatment (for drug users), “custody and training” (for minor criminal offenders), and “legal education” centers for political activists and religious adherents, particularly Falun Gong practitioners. The maximum stay in compulsory drug rehabilitation centers is two years, including commonly a six-month stay in a detoxification center. The government maintained similar rehabilitation centers for those charged with prostitution or with soliciting prostitution.

Arbitrary Arrest: Authorities detained or arrested persons on allegations of revealing state secrets, subversion, and other crimes as a means to suppress political dissent and public advocacy. These charges, as well as what constitutes a state secret, remained poorly defined and any piece of information could be retroactively designated a state secret. Authorities also used the vaguely worded charges of “picking quarrels and provoking trouble” broadly against many civil rights advocates. It was unclear what this term means. Authorities also detained citizens and foreigners under broad and ambiguous state secret laws for, among other actions, disclosing information on criminal trials, commercial activity, and government activity. A counterespionage law grants authorities the power to require individuals and organizations to cease any activities deemed a threat to national security. Failure to comply could result in seizure of property and assets.

There were multiple reports authorities arrested or detained lawyers, religious leaders or adherents, petitioners, and other rights advocates for lengthy periods, only to have the charges later dismissed for lack of evidence. Authorities subjected many of these citizens to extralegal house arrest, denial of travel rights, or administrative detention in different types of extralegal detention facilities, including “black jails.” In some cases public security officials put pressure on schools not to allow the children of prominent political detainees to enroll. Conditions faced by those under house arrest varied but sometimes included isolation in their homes under guard by security agents. Security officials were frequently stationed inside the homes. Authorities placed many citizens under house arrest during sensitive times, such as during the visits of senior foreign government officials, annual plenary sessions of the National People’s Congress (NPC) and the Chinese People’s Political Consultative Conference, the anniversary of the Tiananmen massacre, and sensitive anniversaries in Tibetan areas and Xinjiang. Security agents took some of those not placed under house arrest to remote areas on so-called vacations.

In March activist Chen Jianfang, detained in Shanghai since 2019, was tried for “inciting subversion of state power.” A verdict was not announced following the trial, and Chen remained in detention. After Chen fired her court-appointed lawyer, she was not allowed to meet with a replacement lawyer.

In May, Wang Aizhong, a leader of the “Southern Street Movement” which advocates for the freedom of political expression, was detained by Guangzhou police under suspicion of “picking quarrels and provoking trouble,” and then formally arrested in July. According to the NGO Chinese Human Rights Defenders, authorities told Wang’s wife he was arrested for his social media posts and for giving foreign media interviews.

On June 4, Gao Heng was arrested by Guangzhou police for posting on social media a picture of himself holding a sign commemorating the anniversary of the Tiananmen massacre. Gao last met with a lawyer in prison in July pending his trial. No details of what he has been charged with or his current status have been publicly released.

Pretrial Detention: Pretrial detention could last longer than one year. Defendants in “sensitive cases” reported being subjected to prolonged pretrial detention. From 2015 to 2018, authorities held many of the “709” detainees (referring to the government crackdown on human rights lawyers that began on July 9, 2015) and their defense attorneys in pretrial detention for more than a year without access to their families or their lawyers. Statistics were not published or made publicly available, but lengthy pretrial detentions were especially common in cases of political prisoners.

At year’s end Beijing-based lawyer Li Yuhan, who defended human rights lawyers during the “709” crackdown, remained in detention at the Shenyang Detention Center; she has been held since 2017 and charged with “picking quarrels and provoking trouble.” On July 12, Li met with her lawyer who reported that Li was urged to confess to her “crimes”; she refused. On October 21, her case went to trial, but no verdict was rendered. Due to Li’s poor health, her attorney submitted multiple requests to Shenyang authorities to release Li on medical parole, but the request was repeatedly denied.

As of September 8, the Ganjingzi District Court in Dalian City had not tried Ren Haifei, a Falun Gong practitioner held without trial and without charges since June 2020. Ren was arrested without a warrant, hospitalized for severe injuries suffered after his initial arrest, and remanded to the Dalian Yaojia detention center after release from the hospital where he has remained. Ren Haifei was previously incarcerated from 2001 to 2008 for his Falun Gong beliefs and for participating in peaceful protests related to the government’s treatment of other Falun Gong practitioners. Ren’s trial was first scheduled for July; however, authorities postponed the trial, citing COVID-19 concerns.

Section 4. Corruption and Lack of Transparency in Government

Although officials faced criminal penalties for corruption, the government and the CCP did not implement the law consistently or transparently. Corruption remained rampant. Many cases of corruption involved areas heavily regulated by the government, such as land-usage rights, real estate, mining, and infrastructure development, which were susceptible to fraud, bribery, and kickbacks. Court judgments often could not be enforced against powerful special entities, including government departments, state-owned enterprises, military personnel, and some members of the CCP.

Transparency International’s analysis indicated corruption remained a significant problem in the country. There were numerous reports of government corruption – and subsequent trials and sentences – during the year.

By law the NSC-CCDI is a government and CCP body charged with rooting out corruption and discipline inspection (enforcing conformity). Its investigations may target any public official, including police, judges, and prosecutors; the commission can investigate and detain individuals connected to targeted public officials. The NSC-CCDI is vested with powers of the state and may conduct investigations against any employee who performs a public duty; that includes doctors, academics, and employees of state-owned enterprises. There were credible reports that the NSC-CCDI investigations and detentions by liuzhi were sometimes politically motivated. According to Safeguard Defenders’ analysis of NSC-CCDI official documents of a select few provinces, in those provinces the NSC-CCDI placed at least 5,909 individuals into liuzhi since its creation in 2018. Nationwide, Safeguard Defenders estimated that 52,000 individuals were placed into liuzhi since 2018.

Corruption: In numerous cases government prosecutors investigated public officials and leaders of state-owned enterprises, who generally held high CCP ranks, for corruption.

While the tightly controlled state media apparatus publicized some notable corruption investigations, in general very few details were made public regarding the process by which CCP and government officials were investigated for corruption. Observers also said that corruption charges were often a pretext for purging political rivals.

In October the NSC-CCDI detained former vice ministers of public security, Fu Zhenghua and Sun Lijun. The South China Morning Post reported that Fu Zhenghua was being held for “serious violations” of party discipline. Sun Lijun was expelled from the CCP and faced trial for “serious violation of discipline rules and law.” According to state media, Sun accepted bribes and gifts and misused his position to “achieve his political objectives.” The South China Morning Post reported in August that the NSC-CCDI was investigating Peng Bo, a former deputy chief of the CAC, for accepting bribes and expelled him from the party. Published accusations that Peng strayed from CCP plans regarding the “propaganda struggle over the internet,” “sought benefits from internet companies,” “resisted investigations by the party and engaged in superstitious activities,” and violated the “eight-point requirements on frugal living, visited private clubs frequently and accepted invitations to extravagant banquets and dinners” may indicate that corruption was not the primary reason for the investigation into Peng.

Hong Kong

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The law prohibits such practices and there were few reports of such abuse. According to a June Amnesty International report, prisoners in detention did not report abuse due to fear of retaliation. Other observers in direct contact with those in the detention facilities did not report witnessing or seeing evidence of abuse in the facilities.

Prison and Detention Center Conditions

There were reports of prison or detention center conditions that raised human rights concerns.

Wall-fare, an independent prisoners’ rights organization, submitted a petition signed by 100,000 persons requesting that in very hot weather, prisoners have access to cold water, better ventilation, and extra showers, as some facilities lacked air conditioning. Wall-fare disbanded in September after the security secretary announced that some groups were giving prisoners items such as chocolates and hair clips to recruit them to endanger national security.

In October, one individual detained under the National Security Law (NSL) accused the agency responsible for the SAR’s prisons and detention centers of intercepting letters sent to her on the grounds that they would “affect order in the prison,” arguing that the agency’s standards had become stricter on political grounds.

Physical Conditions: Some activists raised credible concerns that individuals in pretrial detention for charges related to the NSL were kept in solitary confinement for extended periods of time. In some cases, activists alleged these individuals were subjected to 24-hour lighting, excessively hot or cold temperatures, or other degrading conditions.

Administration: The government investigated allegations of problematic conditions and documented the results in a publicly accessible manner. There was an external Office of the Ombudsman.

Independent Monitoring: The government generally permitted legislators and justices of the peace to conduct prison visits. Justices of the peace may make suggestions and comments on matters, such as physical conditions, overcrowding, staff improvement, training and recreational programs and activities, and other matters affecting the welfare of inmates.

The Independent Police Complaints Council is the Hong Kong police watchdog, responsible for investigating alleged corruption or abuses. The SAR government announced in November 2020 that it would appeal a court ruling that month that declared the complaints council incapable of effective investigation, as it lacked necessary powers and was inadequate to fulfill the SAR’s obligations under the Basic Law to provide an independent mechanism to investigate complaints against the Hong Kong police.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court. Under the NSL, however, the Hong Kong Police Force made several arbitrary arrests. The Hong Kong Police Force maintains internal security and reports to the SAR’s Security Bureau. The Immigration Department of the Security Bureau controls passage of persons into and out of the SAR as well as the documentation of local residents. The Security Bureau and police continue to report to the chief executive. The National Security Department of the police force, however, which was established by the NSL, operates under the supervision of the People’s Republic of China (PRC) government, and the NSL permits the embedding of mainland security personnel within the department. In addition, the NSL established a Committee on National Security within the SAR government that reports to the PRC government, as well as an Office for Safeguarding National Security in Hong Kong that is staffed by members of the PRC security agencies who may not be prosecuted under the SAR’s legal system. Therefore, it was no longer clear if the SAR’s civilian authorities maintain effective autonomous control over the city’s security services.

Security forces targeted nonviolent protesters, opposition politicians, and prodemocracy activists and organizations during the year. Multiple sources also reported suspected members of the PRC central government security services in the SAR were monitoring political activists, nongovernmental organizations (NGOs), and academics who criticized the PRC central government’s policies.

At the time of its passage, the SAR and PRC claimed the NSL was not retroactive. Despite that claim, international observers have noted that the police National Security Department, created by the NSL, used its sweeping investigative powers to find evidence of “sedition” prior to the establishment of the NSL and charge individuals under both the NSL and colonial-era sedition laws. Some of the evidence cited included individuals’ opinion posts online.

On January 6 and 7, authorities arrested 55 political activists for participating in the July 2020 unofficial pan-democratic primary election. Of those arrested, 47 were charged under the NSL with subversion.

Arrest Procedures and Treatment of Detainees

Police generally apprehended suspects openly when they observed them committing a crime or with warrants based on sufficient evidence and issued by a duly authorized official. Police were also required to charge or release arrested suspects promptly. The government respected this requirement and generally brought arrested persons before a judicial officer within 48 hours. Detainees were generally informed promptly of potential charges against them. There was a functioning bail system that allowed persons not charged to post bail to be released from detention pending the filing of charges. Such “police bail” included requirements that the arrestee submit to monthly check-ins at a police station. There was no defined period under the law within which the government was required to file charges. Activists argued that the bail system left the arrested in legal purgatory. After arrest, by law the Department of Justice investigates to determine the appropriate charges for the arrestee. Police have the authority to require individuals arrested under the NSL to surrender their travel documents while an investigation is continuing, including if they are not formally charged, and there were reports police exercised this authority in numerous NSL cases. Interviews of suspects must be videotaped.

Under NSL charges, democracy activists were increasingly denied bail, and the threshold for bail was higher. Bail conditions under the NSL place the burden of proof on the defendant to convince the judge that he or she would not “continue to commit acts endangering national security” and are adjudicated only by specially designated national security judges. Jeremy Tan, a former pan-democratic politician facing NSL charges, was denied bail in part based on an email invitation from a foreign consulate, while another former lawmaker, Claudia Mo, was denied bail in part based on interviews and text messages with international press. In November a SAR court denied bail to Cheung Kim-hung, chief executive officer (CEO) of Apple Daily parent company Next Digital, in apparent response to international condemnation of the executive’s arrest as an infringement on freedom of the press. Prosecutors cited a statement by the Media Freedom Coalition, signed by 21 governments, as well as a separate statement by the United Kingdom foreign secretary, as evidence of a close association between Cheung and “foreign political groups.”

Observers criticized SAR authorities for the treatment of the 47 individuals charged under the NSL in connection with the unofficial 2020 pan-democratic primary election. Police and prosecutors arrested, detained, and charged these individuals as a group, then immediately demanded a lengthy pretrial period to investigate the allegations made against them.

In February the Court of Final Appeal, the highest SAR court, reversed a ruling by a lower court granting bail to Jimmy Lai, media owner and democracy activist. The Court of Final Appeal decision stated that the courts have no power to review the NSL’s constitutionality, including provisions where the Basic Law and the NSL may be in conflict, such as bail standards.

Authorities generally allowed detainees access to a lawyer of their choice, but some legal experts stated that during initial bail hearings, many of the 47 persons charged with subversion for organizing or participating in the unofficial 2020 pan-democratic primary faced delays obtaining access to their lawyers. The first defendant in an NSL trial, Tong Ying-kit, requested that two additional pro bono barristers be permitted to join his legal team. The specially designated national security judges stated that with the addition of the barristers, the defendant might no longer be eligible for legal aid, forcing the withdrawal of the proposed two additional lawyers.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally implemented the law effectively. There were, however, reports of government corruption and a growing culture of impunity from prosecution for police and security sector officials.

Corruption: Opposition activists claimed that three senior government officials were treated leniently after attending a group dinner in violation of social distancing regulations in March. The Department of Justice cleared a senior police official in the National Security Department of illegal misconduct for visiting an unlicensed massage parlor where illegal sex services were reportedly being offered, although six women were arrested and four ultimately charged from the same police raid. The officer was subsequently reassigned to lead the police force personnel and training department.

Tibet

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

According to sources, police and prison authorities employed torture and cruel, inhuman, or degrading treatment or punishment in dealing with some detainees and prisoners. There were reports that PRC officials severely beat some Tibetans who were incarcerated or otherwise in custody. In February the Tibet Sun reported Kunchok Jinpa, a political prisoner serving a 21-year sentence, died in a hospital shortly after his release from prison. According to the report, Kunchok died from a severe brain hemorrhage resulting from beatings he endured in prison.

Reports from released prisoners indicated some were permanently disabled or in extremely poor health because of the harsh treatment they endured in prison. Former prisoners also reported being isolated in small cells for months at a time and deprived of sleep, sunlight, and adequate food. Radio Free Asia (RFA) reported in March that Gangbu Rikgye Nyima, serving a 10-year sentence for participation in protests, was released in February, a year early. According to RFA, the release came about because Gangbu’s health had deteriorated badly due to beatings and torture in prison.

RFA reported in September that Tibetan monk Thabgey Gyatso was released after serving 12 years of his 15-year sentence. Sources told RFA that “due to harsh treatment in the prison, his vision and overall health have become very weak.”

Impunity for violations of human rights was pervasive. There were no reports that officials investigated or punished those responsible for unlawful killings and other abuses in previous years.

Prison and Detention Center Conditions

Physical Conditions: Prison conditions were harsh and potentially life threatening due to inadequate sanitary conditions and medical care. According to individuals who completed their prison terms in recent years, prisoners rarely received medical care except in cases of serious illness.

Administration: Independent observers with access to members of the Tibetan community believed that in many cases officials denied visitors, including attorneys, access to detained and imprisoned persons.

Independent Monitoring: There was no evidence of independent monitoring or observation of prisons or detention centers.

d. Arbitrary Arrest or Detention

Arbitrary arrest and detention remained serious problems. Legal safeguards for detained or imprisoned Tibetans were inadequate in both design and implementation.

Arrest Procedures and Treatment of Detainees

Public security agencies are required by law to notify the relatives or employer of a detained person within 24 hours of their detention but often failed to do so when Tibetans and others were detained for political reasons. Pretrial bail procedures are codified under the PRC law, but Tibetans and others who have been detained for politically sensitive reasons are denied access to pretrial release. According to criminal law, public security officers may detain persons for up to 37 days without formally arresting or charging them. Further detention requires approval of a formal arrest by the prosecutor’s office; however, in cases pertaining to “national security, terrorism, and major bribery,” the law permits up to six months of incommunicado detention without formal arrest.

When a suspect is formally arrested, public security authorities may detain the person for up to an additional seven months while the case is investigated. After the completion of an investigation, the prosecutor may detain a suspect an additional 45 days while determining whether to file criminal charges. If charges are filed, authorities may then detain a suspect for an additional 45 days before beginning judicial proceedings.

Despite the laws and regulatory procedures, incommunicado detention was a common practice. In one case, multiple nongovernmental organizations (NGOs) and news agencies reported Tibetan writer Go Sherab Gyatso was arrested in October 2020 in Chengdu, Sichuan; no further information about his whereabouts or the charges was released. Media and NGOs also reported that Rinchen Tsultrim’s whereabouts remained unknown. Rinchen had been detained in late summer 2019 at the Ngabao Public Security Bureau in the Tibetan Autonomous Region (TAR) and was allegedly charged with “incitement to split the country.”

Arbitrary Arrest: Derung Tsering Dhundrup, a senior Tibetan scholar who was also the deputy secretary of the Sichuan Tibet Studies Society, was reportedly detained in 2019. Local reports suggested he was released in April under strict parole conditions; his whereabouts were unknown at year’s end.

On July 6, HRW published an extensive report on a crackdown, beginning in 2019, on monks in the Tengdro Monastery in Tingri County, TAR. The crackdown began after police searched the mobile phone of monk Choegyal Wangpo and found images of the Dalai Lama and records of messages with Tibetans overseas. Police reportedly detained, interrogated, and beat Wangpo and then raided a nearby village, detaining approximately 20 monks and subjecting villagers to political re-education sessions. One monk, Lobsang Zoepa, reportedly took his own life in protest. Most of the monks were released but four, including Wangpo, were held for more than a year before being tried in secret and sentenced to nearly 20 years in prison.

Tibet.net reported a case in which Konmay (no last name), a Tibetan monk in Ngaba, Sichuan, was arrested in July for unknown reasons.

On July 6, Chinese authorities reportedly arrested 19 monks and approximately 40 Tibetans in Dza Wonpo in Ganz Autonomous Tibetan Prefecture, Sichuan Province. Those held allegedly possessed pictures of the Dalai Lama. Media reported the arrests followed several months of heightened restrictions and surveillance in the area. On August 25, authorities summoned residents ages 18 and older to a town meeting, with penalties for failure to attend. At the meeting, authorities demanded that residents “follow the Communist party” and prohibited residents from keeping pictures of the Dalai Lama or sharing “sensitive information” with Tibetans in exile, according to media reports.

Pretrial Detention: Security officials frequently violated the legal limits for pretrial detention, and pretrial detention periods of more than a year were common. Individuals detained for political or religious reasons were often held on national security charges, which have looser restrictions on the length of pretrial detention. Many political detainees were therefore held without trial far longer than other types of detainees. Authorities held many prisoners in extrajudicial detention centers without charge and never allowed them to appear in public court.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: This right does not exist in the TAR or other Tibetan areas.

Section 4. Corruption and Lack of Transparency in Government

PRC law provides criminal penalties for corrupt acts by officials, but the government did not implement the law effectively in Tibetan areas, and high-ranking officials often engaged in corrupt practices with impunity. There were numerous reports of government corruption in Tibetan areas; some low-ranked officials were punished.

Corruption: Local sources said investigations into corruption in the TAR and autonomous prefectures were rare.

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