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China (Includes Hong Kong, Macau, and Tibet)

Section 1. Respect for the Integrity of the Person, Including Freedom from:

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 nongovernmental organizations (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 existing internment camps for Uyghurs, ethnic Kazakhs, and other Muslims. In some cases authorities used repurposed schools, factories, and prisons to hold detainees. 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 August, Qelbinur Sedik, a former teacher at a women’s internment camp, reported approximately 10,000 women had their heads shaved and were forced to live in cramped, unsanitary conditions, injected with unknown substances without their permission, and required to take contraceptive pills issued by a birth-control unit. She reported women were raped and sexually abused on a daily basis by camp guards and said there was a torture room in the camp basement.

In October the government charged Yang Hengjun, an Australian author and blogger who encouraged democratic reform in China, with espionage. He was detained in January 2019 then formally arrested in August 2019. In a September message to his family, Yang said he had been interrogated more than 300 times, at all hours of day and night, for four to five hours at a time.

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 implemented. 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.

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. 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.

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 and 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 ill 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 is 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), 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 forced vacations.

In February a Ningbo court sentenced Swedish citizen bookseller and Hong Kong resident Gui Minhai to 10 years’ imprisonment for “providing intelligence overseas;” the court said Gui pled guilty. Gui went missing from Thailand in 2015, was released by Chinese authorities in 2017, and was detained again in 2018 while traveling on a train to Beijing, initially for charges related to “illegal business operations.” The Ningbo court said that Gui’s PRC citizenship had been reinstated in 2018 after he allegedly applied to regain PRC nationality.

In May, Nanning authorities tried Qin Yongpei behind closed doors, not allowing his lawyer to attend; as of December there was no update on the trial’s outcome. Qin was detained in October 2019 then formally arrested on charges of “inciting subversion of state power.” He remained in Nanning No. 1 Detention Center. His lawyer, who was not allowed to see Qin until shortly before the trial, said Qin had suffered poor conditions in detention–no bed, insufficient food, sleep deprivation, and extreme indoor heat and humidity in the summers. Authorities continued to block Qin’s wife from communicating or visiting him in prison while local police intimidated their daughters. Qin had worked on several human rights cases, including those of “709” lawyers (the nationwide government crackdown on human rights lawyers and other rights advocates that began on July 9, 2015) and Falun Gong practitioners, assisted many indigent and vulnerable persons, and publicized misconduct by high-level government and CCP officials. He was disbarred in 2018 after having practiced law since the mid-1990s. After being disbarred, Qin founded the China Lawyers’ Club to employ disbarred lawyers.

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 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.” Due to her poor health, Li’s attorney submitted multiple requests to Shenyang authorities to release her on medical parole, but each time her request was denied without reason or hearing. Following a January 8 meeting, Li’s lawyer said she was suffering from various medical conditions and applied for bail, but the court rejected her application. Since their January 8 meeting, authorities blocked the lawyer’s access to Li citing COVID-19 concerns. Li’s trial was postponed repeatedly.

On August 14, the Shenyang Tiexi District Court sentenced human rights advocate Lin Mingjie to a total of five years and six months in prison and a 20,000 renminbi (almost $3,000); an appeal was pending at year’s end. Lin had been detained in 2016 for assembling a group of demonstrators in front of the Ministry of Public Security in Beijing to protest Shenyang Public Security Bureau Director Xu Wenyou’s abuse of power. In 2018 Lin was sentenced to two years and six months in prison, including time served, and was reportedly released in April 2019, although his attorney had neither heard from him nor knew his whereabouts. In September 2019 police reportedly detained Lin again for “picking quarrels and provoking disturbance.” Police also detained Lin Mingjie’s brother, Lin Minghua, for “provoking disturbance” in 2016. The Tiexi District Court sentenced Lin Minghua to three years in prison. The authorities did not disclose the details of the case, including the types of “disturbance” of which the two brothers were accused.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Persons with Disabilities

The law protects the rights of persons with disabilities and prohibits discrimination, but in many instances conditions for such persons lagged behind legal requirements, and the government failed to provide persons with disabilities access to programs intended to assist them.

According to the law, persons with disabilities “are entitled to enjoyment of equal rights as other citizens in political, economic, cultural, and social fields, in family life, and in other aspects.” Discrimination against, insult of, and infringement upon persons with disabilities is prohibited. The law prohibits discrimination against minors with disabilities and codifies a variety of judicial protections for juveniles.

The Ministry of Education reported there were more than 2,000 separate education schools for children with disabilities, but NGOs reported only 2 percent of the 20 million children with disabilities had access to education that met their needs.

Individuals with disabilities faced difficulties accessing higher education. Universities often excluded candidates with disabilities who would otherwise be qualified. A regulation mandates accommodations for students with disabilities when taking the national university entrance exam.

Unemployment among adults with disabilities, in part due to discrimination, remained a serious problem. The law requires local governments to offer incentives to enterprises that hire persons with disabilities. Regulations in some parts of the country also require employers to pay into a national fund for persons with disabilities when employees with disabilities do not make up a statutory minimum percentage of the total workforce.

Standards adopted for making roads and buildings accessible to persons with disabilities are subject to the Law on the Handicapped, which calls for their “gradual” implementation; compliance was limited.

The law forbids the marriage of persons with certain mental disabilities, such as schizophrenia. If doctors find a couple is at risk of transmitting congenital disabilities to their children, the couple may marry only if they agree to use birth control or undergo sterilization. In some instances officials continued to require couples to abort pregnancies when doctors discovered possible disabilities during prenatal examinations. The law stipulates local governments are to employ such practices to eliminate the births of children with disabilities.

HIV and AIDS Social Stigma

Discrimination against persons with HIV remained a problem, impacting individuals’ employment, education, and housing opportunities and impeding access to health care. In some instances laws protecting persons with HIV from discrimination contradict laws restricting the rights of persons with HIV. During the year state media outlets reported instances of persons with HIV or AIDS who were barred from housing, education, or employment due to their HIV status. According to the National Health Commission, as of the end of 2019, an estimated 950,000 persons in the country had HIV or AIDS.

According to the law, companies may not demand HIV antibody tests nor dismiss employees for having HIV. Nonetheless, regulations also stipulate that HIV-positive individuals shall not engage in work that is prohibited by laws, administrative regulations, and the Department of Health under the State Council.

In October 2019 a 32-year-old temporary worker named Liu, who had worked for Mao Tai Liquor Company in Guizhou for two years, was fired after he tested positive for HIV. The Mao Tai staff hospital did not inform him of his HIV test result during his routine medical exam.

Early in the year, a retired worker named Wang Ming in Xi’an was “persuaded” by the president of a local public hospital to return home, citing his coughing as a chronic disease. Wang Ming stated his belief the public hospital declined him service after finding out he was HIV positive, infected earlier during a dental operation at a private clinic.

In March an 11-year-old girl named Shasha whose HIV was transmitted via her mother was forced to drop out of school due to extensive discrimination at Chiduanwan Elementary School in Hunan.

Germany

Section 1. Respect for the Integrity of the Person, Including Freedom from:

Prison and Detention Center Conditions

There were no significant reports regarding prison or detention center conditions that raised human rights concerns.

Physical Conditions: There were no major concerns in prisons and detention centers regarding physical conditions or inmate abuse.

Administration: Authorities conducted proper investigations of credible allegations of mistreatment.

Independent Monitoring: The government permitted monitoring by independent nongovernmental observers.

Arrest Procedures and Treatment of Detainees

Authorities must have a warrant issued by a judicial authority to arrest an individual. Police may also arrest individuals they apprehend in the act of committing a crime, or if they have strong reason to suspect the individual intends to commit a crime. The constitution requires authorities to bring a suspect before a judicial officer before the end of the day following the arrest. The judge must inform the suspect of the reasons for his or her detention and provide the suspect with an opportunity to object. The court must then either issue an arrest warrant stating the grounds for continued detention or order the individual’s release. Authorities generally respected these rights.

Although bail exists, judges usually released individuals awaiting trial without requiring bail. Bail is only required in cases where a court determines the suspect poses a flight risk. In such cases authorities may deny bail and hold detainees for the duration of the investigation and subsequent trial, subject to judicial review.

Detainees have the right to consult with an attorney of their choice; the government provides an attorney at public expense if detainees demonstrate financial need. The law entitles a detainee to request access to a lawyer at any time, including prior to any police questioning. Authorities must inform suspects of their right to consult an attorney before questioning begins.

Pretrial Detention: In June the NGO World Prison Brief reported 20.6 percent of prisoners were in pretrial detention. In 2019 the Ministry of Justice reported that the median stay in pretrial detention was between four and six months. The courts credit time spent in pretrial custody toward any eventual sentence. If a court acquits an incarcerated defendant, the government must compensate the defendant for financial losses as well as for “moral prejudice” due to his or her incarceration.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Persons with Disabilities

The law prohibits discrimination against persons with disabilities. The law makes no specific mention of the rights of persons with sensory or intellectual disabilities, but their rights are considered included under the other headings. NGOs disagreed whether the government effectively enforced these provisions.

Persons with disabilities faced particular difficulties in finding housing.

State officials decide whether children with disabilities may attend mainstream or segregated schools. The law obliges all children to attend school, so those with disabilities do so at the same rate as children without disabilities. In some instances parents or teachers in mainstream schools protested against the inclusion of students with disabilities, primarily because they perceived the schools had insufficient resources and capabilities to address their needs.

In June disability rights NGOs criticized governmental discrimination during the COVID-19 pandemic. The government classified persons with disabilities as a “risk group,” for which stricter protective regulations applied. This included, for example, a prohibition on group travel by persons with disabilities and a requirement for assisted living residents to quarantine for two weeks if they left their facility. NGOs criticized the government’s giving higher priority to more restrictive rules for persons with disabilities over their rights to freedom and self-determination.

HIV and AIDS Social Stigma

The NGO German AIDS Foundation reported that societal discrimination against persons with HIV/AIDS ranged from isolation and negative comments from acquaintances, family, and friends to bullying at work. A domestic AIDS service NGO continued to criticize authorities in Bavaria for continuing mandatory HIV testing of asylum seekers.

Hong Kong

Section 1. Respect for the Integrity of the Person, Including Freedom from:

Prison and Detention Center Conditions

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

Physical Conditions: According to activists, detained protesters were held at the Castle Peak Immigration Center under unacceptable hygienic conditions and subjected to verbal and mental abuse. In response to a 2019 police brutality allegation and after the September 2019 closure of the San Uk Ling Holding Center, in May the Hong Kong Police Force border commissioner convened a task force to investigate the accusations made by protesters.

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. Activists and legislators, however, urged the government to establish an independent prisoner complaint and monitoring mechanism for prisons and detention centers.

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 police watchdog, responsible for investigating alleged corruption or abuses. In a November 19 ruling, a court of first instance (trial court) declared the complaints council incapable of effective investigation, as it lacked necessary investigative powers and was insufficient to fulfill the Special Administrative Region (SAR) government’s obligations under the Basic Law to provide an independent mechanism to investigate complaints against police. The SAR government was appealing the ruling.

Arrest Procedures and Treatment of Detainees

Police generally apprehended suspects openly when they observed suspects committing a crime or with warrants based on sufficient evidence and issued by a duly authorized official. Police must promptly charge arrested suspects. The government respected this right and generally brought arrested persons before a judicial officer within 48 hours. Detainees were generally informed promptly of charges against them. There was a functioning bail system that allowed persons not charged to put up bail to be released from detention pending the filing of charges. Activists argued that the bail system left the arrested in purgatory–not officially charged but with a monthly check-in requirement and no defined period under the law within which the government is required to file charges. During routine check-ins, activists and protesters have been rearrested, often having new charges brought against them.

For example, in August 2019, Joshua Wong was arrested, charged with organizing an illegal assembly, and released on bail. Following his release, during a routine bail check-in held in September, Wong was rearrested and charged for a nearly one-year-old violation of the 2019 antimask emergency regulation. Wong was convicted of the initial charge of organizing an illegal assembly and sentenced to 13.5 months’ imprisonment on December 2.

Democracy activists were increasingly denied bail. In December during a routine bail check-in, media owner and democracy activist Jimmy Lai was arrested on fraud charges related to the use of office space and denied bail. Legal scholars noted bail denial is unusual in civil suits; Lai was subsequently charged on December 11 under the NSL. The NSL sets a higher standard for bail than do other laws, and in one case, activists alleged that this higher standard violated the presumption of innocence. The court, however, found that the defendant in that case would have been denied bail even under the pre-existing standards of Hong Kong law.

Authorities allowed detainees access to a lawyer of their choice, although the Hong Kong Bar Association reported that lawyers experienced obstruction at police stations and delays in seeing clients arrested during protests. Suspects were not detained incommunicado or held under house arrest. Interviews of suspects are required to be videotaped.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Persons with Disabilities

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities, and the government generally enforced these provisions. The government took action to investigate and punish those responsible for violence or abuses against persons with disabilities. The government generally implemented laws and programs to provide persons with disabilities access to education, employment, the judicial system, and health services. The law on disabilities states that children with separate educational needs must have equal opportunity in accessing education. Some human rights groups reported the SAR’s disability law was too limited and that its implementation did not promote equal opportunities. The Social Welfare Department provided training and vocational rehabilitation services to assist persons with disabilities, offered subsidized resident-care services for persons deemed unable to live independently, offered preschool services to children with disabilities, and provided community support services for persons with mental disabilities, their families, and other local residents.

The government generally implemented laws and programs to provide persons with disabilities access to information, communications, and buildings, although there were reports of some restrictions. The law calls for improved building access and provides for sanctions against those who discriminate.

Japan

Section 1. Respect for the Integrity of the Person, Including Freedom from:

Prison and Detention Center Conditions

Prison conditions generally met international standards, although some prisons continued to lack adequate medical care and sufficient heating in the winter or cooling in the summer.

Long-term detention of foreign nationals at immigration centers continued to be a concern. More than 40 percent of the more than 1,000 foreign nationals held in immigration facilities have been detained for more than six months, some as long as seven years, giving rise to an increasing number of protests, including hunger strikes, among detainees. Some facilities imposed forceful control of detainees, including women, and failed to protect detainees’ privacy.

Prisoners and detainees generally have no access to telephones, including to communicate with attorneys or family members.

According to experts, some facilities allowed the provisional release of certain detainees in response to concerns about COVID-19. NGOs noted, however, that released individuals were not granted work permits or health insurance. Legal experts reported that some prisoners expressed concern about the lack of information on the COVID-19 pandemic. Experts also raised concerns about inadequate measures to ensure social distancing among detainees at immigration facilities. The Ministry of Justice announced it implemented guidelines to prevent the spread of the COVID-19 outbreak in prisons and immigration detention centers.

Physical Conditions: Authorities held women separately from men, and juveniles younger than age 20 separately from adults in prisons, other correctional facilities, and immigration facilities.

From April 2018 through March 2019, third-party inspection committees of prisons and immigration detention centers documented inadequate medical care as a major concern. Inspection committees also raised other issues: the need to give prison officers additional human rights education; some unmet special needs for elderly, lesbian, gay, bisexual, transgender, and intersex (LGBTI) inmates, or those with disabilities; and insufficient heating and cooling supplies. According to the Ministry of Justice, in 2019 there were 290 doctors working at correctional institutions, approximately 90 percent of the required staffing level. Inspection committees also noted concerns about protecting detainees’ privacy.

Administration: Most authorities permitted prisoners and immigration detainees to submit complaints to judicial authorities and to request investigation of alleged problematic conditions. The president of the Japan Federation of Bar Associations, however, raised concerns in an August statement that authorities controlled the complaint and inspection process at immigration detention centers. Complainants were required to notify detention officers about complaints. Detention officers were also responsible for scheduling on-site inspections by the inspection committees and determining the length of time for the committees to interview detainees. Authorities provided the results of such investigations to prisoners in a letter offering little detail beyond a final determination.

Independent Monitoring: The government generally allowed prescheduled visits by elected officials, NGOs, members of the press, and international organizations. By law the Justice Ministry appointed members to inspection committees for government-run prisons and immigration detention centers from outside of the national government. The police supervisory authorities, prefectural public safety commissions, appointed members of inspection committees for police detention facilities from outside of the police force. Authorities accepted some recommendations by NGOs in selecting inspection committee members. The Japan Federation of Bar Associations president, however, voiced concern that undisclosed selection criteria and the members themselves impeded nongovernment experts’ ability to evaluate if the selected members were appropriately qualified. Authorities permitted the committees, which include physicians, lawyers, local municipal officials, local citizens, and experts, to interview detainees without the presence of prison officers. Their recommendations generally received serious consideration.

NGOs and the UN Committee against Torture continued to raise concerns about the inspection process. For instance, they cited concerns about the requirement to submit previsit notifications to facility authorities. They also raised concerns about a lack of transparency in the selection of committee members.

Arrest Procedures and Treatment of Detainees

Authorities apprehended persons openly with warrants based on evidence and issued by a duly authorized official and brought detainees before an independent judiciary. In urgent cases when there is sufficient basis to suspect that suspects committed specific crimes, including a crime punishable by death, the law allows police to arrest the suspects without obtaining warrants beforehand and requires police to seek to obtain warrants immediately after arrest.

The law allows suspects, their families, or representatives to request that the court release an indicted detainee on bail. Bail is not available prior to indictment. NGOs and legal experts stated bail was very difficult to obtain without a confession. Authorities tended to restrict access to defense counsel for detainees who did not confess. Other elements of the arrest and pretrial detention practices (see below) also tended to encourage confessions. The Public Prosecutors Office reported that in 2019 approximately 67 percent of all criminal suspects who were referred to prosecutors by police did not face indictment. Prosecutors indicted the remaining approximately 33 percent were convicted. The Justice Ministry reported in January that prosecutors indicted suspects only when convictions were highly likely. In most of these cases, the suspects had confessed.

Suspects in pretrial detention are legally required to face interrogation. Police guidelines limit interrogations to a maximum of eight hours a day and prohibit overnight interrogations. Pre-indictment detainees have access to counsel, including at least one consultation with a court-appointed attorney, if required; counsel, however, is not allowed to be present during interrogations.

The law allows police to prohibit suspects from meeting with persons other than counsel (and a consular officer in the case of foreign detainees) if there is probable cause to believe that the suspect may flee or conceal or destroy evidence (see “Pretrial Detention” below). Many suspects, including most charged with drug offenses, were subject to this restriction before indictment, although some were permitted visits from family members in the presence of a detention officer. There is no legal connection between the type of offense and the length of time authorities may deny a suspect visits by family or others. Those held for organized crime or on charges involving other criminals, however, tended to be denied such visits because prosecutors worried that communications with family or others could interfere with investigations.

Police and prosecutors must record the entire interrogation process in cases involving crimes punishable by death or imprisonment for an indefinite period, or punishable by imprisonment for one year or more and in which a victim has died because of an intentional criminal act, or that follow investigations and arrests begun by prosecutors. In such cases, a suspect’s statements to police and prosecutors during an interrogation are in principle inadmissible without a recording. According to legal experts, this is intended to prevent forced confessions and false charges. Police are also required to make best efforts to record the interrogation process when suspects have a mental disability. The Japan Federation of Bar Associations acknowledged the positive effects of these recording practices but noted that interrogations are video recorded in only 3 percent of the country’s criminal cases. Legal experts therefore continued to express concerns about forced confessions, especially in cases involving white-collar crimes.

Pretrial Detention: Authorities routinely held suspects in police-operated detention centers for an initial 72 hours prior to indictment although, by law, such detention is allowed only when there is probable cause to suspect that a person has committed a crime and is likely to conceal or destroy evidence or flee. After interviewing a suspect at the end of the initial 72-hour period, a judge may extend pre-indictment custody for up to two consecutive 10-day periods. Prosecutors routinely sought and received such extensions. Prosecutors may also apply for an additional five-day extension in exceptional cases, such as insurrection, foreign aggression, or violent public assembly.

NGOs and legal experts reported the practice of detaining suspects in pre-indictment detention or daiyou kangoku (substitute prison) continued. Because judges customarily granted prosecutors’ requests for extensions, pre-indictment detention usually lasts for 23 days for nearly all suspects, including foreigners. Moreover, the 23-day detention period may be applied on a per charge basis, so individuals facing multiple charges may be held far longer. NGOs and foreign observers continued to report that for persons in daiyou kangoku, access to persons other than their attorneys was routinely denied.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Discrimination based on race, ethnicity, nationality, sexual orientation, or gender identity is not prohibited.

Persons with Disabilities

A law prohibits discrimination against persons with physical, intellectual, mental, or other disabilities affecting body and mind and bars infringement of their rights and interests on the grounds of disability in the public and private sectors. The law requires the public sector to provide reasonable accommodations and the private sector to make best efforts in employment, education, access to health care, or the provision of other services. The laws do not stipulate remedies for persons with disabilities who experience discriminatory acts, nor do they establish penalties for noncompliance. Advocates reported the COVID-19 outbreak increased unemployment among persons with disabilities; the Ministry of Health reported that from February to June, more than 1,100 persons with disabilities were laid off, an increase of approximately 150 compared with the same period in the previous year (see section 7.d.).

Accessibility laws mandate that construction projects for public-use buildings must include provisions for persons with disabilities. The government may grant low interest loans and tax benefits to operators of hospitals, theaters, hotels, and other public facilities if they upgrade or install features to accommodate persons with disabilities. The government revised a law in May to require accessibility in public elementary and junior high school buildings. Nonetheless, persons with disabilities faced limited access to some public-sector services.

Abuse of persons with disabilities was a serious concern. Persons with disabilities around the country experienced abuse by family members, care-facility employees, and employers. Private surveys indicated discrimination against and sexual abuse of women with disabilities. Legislators expressed concern about sexual crimes and violence, especially against persons with disabilities by their relatives, schoolteachers, sports coaches, or care-facility staff.

NGOs continued to express concern that persons with disabilities tended to be stigmatized and segregated from the general population. Although some schools provided inclusive education, children with disabilities generally attended specialized schools.

Disability rights advocates reported that women with disabilities faced higher unemployment and more abuse and discrimination than men with disabilities, including insufficient access to support, and continued harassment at workplaces. Mental-health-care professionals asserted the government’s efforts to reduce the stigma of mental illness and inform the public that depression and other mental illnesses are treatable and biology based were insufficient.

HIV and AIDS Social Stigma

No law prohibits discrimination against persons with HIV/AIDS; nonbinding health ministry guidelines state that firms should not terminate or fail to hire individuals based on their HIV status. Courts have awarded damages to individuals fired from positions due to their HIV status.

Concerns about discrimination against individuals with HIV/AIDS and the stigma associated with the disease, and fear of dismissal, prevented many persons from disclosing their HIV/AIDS status.

Macau

Section 1. Respect for the Integrity of the Person, Including Freedom from:

Prison and Detention Center Conditions

There were no significant reports regarding prison or detention center conditions that raised human rights concerns.

Physical Conditions: There were no major concerns in prisons and detention centers regarding physical conditions or inmate abuse.

Administration: The law allows prisoners and detainees to submit complaints to judicial authorities without censorship and to request investigation of alleged deficiencies. Judges and prosecutors visited prisons at least once a month to hear prisoner complaints.

Independent Monitoring: The government permits monitoring by independent nongovernmental observers. According to the government, no independent human rights observers requested or made any visit to the prison in the Special Administrative Region (SAR).

Arrest Procedures and Treatment of Detainees

Authorities detained persons with warrants issued by a duly authorized official based on sufficient evidence. Detainees had access to a lawyer of their choice or, if indigent, to one provided by the government. Detainees had prompt access to family members. Police must present persons in custody to an examining judge within 48 hours of detention. Authorities informed detainees promptly of charges against them. The examining judge, who conducts a pretrial inquiry in criminal cases, has wide powers to collect evidence, order or dismiss indictments, and determine whether to release detained persons. Investigations by the prosecuting attorney should end with charges or dismissal within eight months, or six months when the defendant is in detention. The pretrial inquiry stage must conclude within four months, or two months if the defendant is in detention. By law the maximum limits for pretrial detention range from six months to three years, depending on the charges and progress of the judicial process; there were no reported cases of lengthy pretrial detentions. There is a functioning bail system. Complaints of police mistreatment may be made to the Macau Security Forces and Services Disciplinary Supervisory Committee, the Commission against Corruption, or the Office of the Secretary for Security. The Macau Security Forces and Services Disciplinary Supervisory Committee reports directly to the chief executive. The government also had a website for receiving named or anonymous complaints about irregular police activity or behavior.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Persons with Disabilities

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities, and the government generally enforced these provisions. The law mandates access to buildings, public facilities, information, and communications for persons with disabilities. The government enforced the law effectively.

Macau

Tibet

Section 1. Respect for the Integrity of the Person, Including Freedom from:

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: There were many cases in which officials denied visitors access to detained and imprisoned persons.

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

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. Public security officers may legally 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 him/her 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.

Pretrial Detention: Security officials frequently violated these legal requirements, 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 6. Discrimination, Societal Abuses, and Trafficking in Persons

Persons with Disabilities

See section 6, Persons with Disabilities, in the Country Reports on Human Rights Practices for 2020 for China.

United Kingdom

Section 1. Respect for the Integrity of the Person, Including Freedom from:

Prison and Detention Center Conditions

Prison and detention center conditions met international standards but had shortcomings. The government has documented and was investigating these problems.

Physical Conditions: The 2019-20 annual report by Her Majesty’s chief inspector of prisons found that 12 of 14 men’s prisons in the UK had “poor or less than suitable” levels of safety. It also found that only 40 percent of prisons followed the recommendations laid out by the Prisons and Probation Ombudsman following a death in custody, and that several men’s prisons, such as Hewell, and youth institutions, such as Feltham A, were missing documentation recording the use of force, making it difficult to evaluate whether force was used proportionally.

The Ministry of Justice recorded 64,552 incidents of self-harm in UK prisons from March 2019 to March 2020, up 11 percent from the previous 12 months. The chief inspector of prisons found that self-harm had risen in all immigration detention centers.

The CPT delegation that visited England found severe overcrowding (147 percent of capacity) at Doncaster Prison. The CPT also noted that the population of women prisoners was 85 percent higher than what facilities were designed to support, resulting in many women prisoners being held in primarily men’s facilities. According to the International Center for Prison Studies, as of August 28, the overall occupancy level in prisons in England and Wales was 104.6 percent. The CPT also recommended a “deep-cleaning and refurbishment” of the Liverpool and Wormwood Scrubs Prisons.

The House of Commons Justice Select Committee conducted an inquiry in July to evaluate the effectiveness of measures put in place in March to guard the prison population from COVID-19. The final report showed that some prisoners detained during the pandemic were kept in conditions akin to “internationally accepted definitions of solitary confinement.” Citing the wide variation in the interpretation of COVID-19 prevention measures in prisons across the UK, the committee recommended that the Ministry of Justice set a standard minimum time out of cell and provide additional mental health support to prison populations. During the strictest pandemic lockdown measures from March to July, 23 prisoners and nine prison staff members eventually died after testing positive for the virus.

The CPT’s report on its visit to Scotland expressed concern about the use of “long-term segregation” and recommended that “alternatives…should urgently be considered.”

The Urgent Notification Protocol allows the chief inspector of prisons to alert the lord chancellor and secretary of state for justice directly if he or she has an urgent and significant concern about the performance of a prison. There were no urgent notifications during the year.

According to the Ministry of Justice, from June 2019 to June 2020, there were 294 deaths in prison custody, a decrease of 5 percent from 309 deaths the previous 12 months. Of these, 76 deaths were self-inflicted, a 13 percent decrease from the 87 self-inflicted deaths in the previous 12 months. Serious prisoner-on-prisoner assaults decreased by 8 percent to 2,782 in the 12 months to March. During the same period, serious assaults on staff decreased by 5 percent to 953.

Offenders younger than age 20 were held in young offender institutions. Security training centers (STCs) are institutions for young persons up to the age of 17. There were three STCs in England and Wales. The Inspectorate of Prisons warned the House of Commons Justice Select Committee it was “unacceptable” that children in young offender institutions were being locked up in excess of 22 hours a day during the COVID-19 pandemic. The CPT report on England stated that between 2016 and 2019, assaults both on staff members and on other young persons at the Feltham A and Cookham Wood Young Offenders Institutions and the Rainsbrook Secure Training Centre had risen by 10 percent at Cookham Wood and by more than 100 percent at Feltham A and at Rainsbrook. It noted “widespread” use of force by guards in all three institutions.

Separate from prisons, there were seven immigration removal centers in England and Wales used solely for the detention of failed asylum seekers and migrants. In May a report by Her Majesty’s Chief Inspectorate of Prisons found that four of the eight immigration removal centers had “dramatically reduced their populations” since March because migrants can only be held if there is a reasonable expectation of removal. Given the widespread use of travel bans to stop the spread of COVID-19, this expectation did not exist, allowing detainees to be released until removal proceedings could be resumed. There was no update to this trend at year’s end.

The CPT delegation that visited Scotland in October 2019 considered the separation and reintegration unit of the Scottish Cornton Vale Prison was “a totally inappropriate environment for holding vulnerable women prisoners, especially mentally ill and young women, for long periods of time.” In Scotland the CPT found that two women in the segregation unit at Cornton Vale Prison (known as “the Dumyat”) were locked alone in their cells for 23.5 to 24 hours each day, allowed at most one hour of outside exercise alone and 15 minutes on the telephone every day. They were offered no purposeful activities to structure their days and no mixing with other prisoners.

There were 13 publicly managed and two privately managed prisons in Scotland.

In 2019 there were 37 deaths in custody in Scotland, of which 28 resulted from natural causes and nine resulted from suicide.

According to the annual Northern Ireland prisoner ombudsman report for 2018/19, the latest data available, investigations into eight deaths were carried out. Five of those deaths were suicides, and the other three were due to natural causes.

Administration: Authorities conducted investigations of credible allegations of mistreatment.

Independent Monitoring: In England and Wales, the government permitted monitoring by independent nongovernmental observers. Every prison, immigration removal center, and some short-term holding facilities at airports have an independent monitoring board. Each board’s members are independent, and their role is to monitor day-to-day activity in the facility and to ensure proper standards of care and decency. Members have unrestricted access to the facility at any time and can talk to any prisoner or detainee they wish, out of sight and hearing of staff, if necessary.

Scotland operates the Independent Prison Monitoring system. The 2018-19 annual report by the chief inspector of prisons for Scotland, the latest information available, found that “prisoners and staff reported they felt largely safe” and that there were “positive and respectful relationships between staff and prisoners.”

On April 30, the CPT published the report of its visit to England in May 2019. On October 8, it published the report of its visit to women’s prisons in Scotland in October 2019.

Arrest Procedures and Treatment of Detainees

Nationally there is a functioning bail system, but defendants may be denied bail if they are judged to be flight risks, likely to commit another offense, are suspected terrorists, or for other limited circumstances.

If questioned at a police station, all suspects in the UK have the right to legal representation, including counsel provided by the government if they are indigent. Police may not question suspects who request legal advice until a lawyer is present. In Gibraltar the Duty Legal Representative Scheme provides free legal representation to anyone in Gibraltar police custody earning less than 14,000 pounds ($18,480) per year, the minimum wage. All law firms in Gibraltar with five or more lawyers are required to register as part of the scheme.

In Scotland police may detain a suspect for no more than 24 hours. After an initial detention period of 12 hours, a police custody officer may authorize further detention for an additional 12 hours without authorization from the court, if the officer believes it necessary. Only a judge can issue a warrant for arrest if he or she believes there is enough evidence against a suspect. A suspect must be informed immediately of allegations against him or her and be advised promptly of the charges if there is sufficient evidence to proceed. Police may not detain a person more than once for the same offense. Authorities respected this right. Depending on the nature of the crime, a suspect should be released from custody if he or she is deemed not to present a risk. There is a functioning bail system.

In Bermuda a court must issue a warrant for an arrest to proceed. The law permits arrests without warrant only in certain conditions. When a police officer has reasonable grounds for suspecting that any offense that is not an arrestable offense has been or is being committed or attempted, they may arrest the relevant person if it appears that service of a summons is impracticable. No arrests or detentions may be made arbitrarily or secretly, and the detainee must be told the reason for his or her arrest immediately. Individuals may be detained initially for six hours, and for two further periods of up to nine hours each subject to review and justification. Authorities respected this right.

There is a functioning system of bail in Bermuda. House arrest and wearing an electronic monitoring device may be a condition of bail. A detainee has an immediate right of access to a lawyer, either through a personal meeting or by telephone. Free legal advice is provided for detainees. Police must inform the arrestee of his or her rights to communication with a friend, family member, or other person identified by the detainee. The police superintendent may authorize incommunicado detention for serious crimes such as terrorism.

Pretrial Detention: On September 26, temporary legislation came into effect extending the maximum length of pretrial detention from 182 to 238 days to address delays in jury trials due to COVID-19.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Persons with Disabilities

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities. The government effectively enforced the law.

On September 18, the ONS reported that from March 2 to July 14 persons with disabilities accounted for 59 percent of the deaths in the country from the COVID-19 virus.

Children with disabilities attended school through secondary education at similar rates to children without disabilities. The law requires all publicly funded preschools, nurseries, state schools, and local authorities to try to identify, help assess, and provide reasonable accommodation to children with “special educational needs or disabilities.”

In a report to Parliament in September, the Equality and Human Rights Commission stated that the Coronavirus Law 2020 gave localities overly broad powers to cease the provision of reasonable accommodation for students with disabilities. The report also stated that, as a result of COVID-19 related delays in service provision, the drop in support for education, health, and care plans for children with disabilities could result in gaps in educational attainment between students with disabilities and those without disabilities.

Bermudian law protects the rights of persons with disabilities in the workplace. The law does not include any protection from discrimination on mental health grounds.

The Department for Works and Pension recorded 44,751 official complaints about its disability benefit assessment process from April 2019 to March 2020, a 12 percent decrease from the same period in 2019. In July the Supreme Court found that the Department for Work and Pensions had not awarded the right amount of points to benefits applications involving those with mental disabilities or to those who struggle to engage with others. In September the Department for Work and Pensions started a review of claimants affected by the Supreme Court decision, which could pay eligible claimants as much as 13,000 pounds ($17,160).

The Crown and Procurator Fiscal’s Office, Scotland’s prosecutor, reported in June that the number of recorded hate crimes against persons with disabilities had risen by 29 percent to 387 in 2019/20.

The EHRC provided legal advice and support to individuals and a hotline. It could also conduct formal investigations, arrange conciliation, require persons or organizations to adopt action plans to ensure compliance with the law, and apply for injunctions to prevent acts of unlawful discrimination.

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