China (Includes Hong Kong, Macau, and Tibet)
Section 1. Respect for the Integrity of the Person, Including Freedom from:
d. Arbitrary Arrest or Detention
Arbitrary arrest and detention remained serious problems. 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.
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.
The National Supervisory Commission-Central Commission for Discipline Inspection (NSC-CCDI; see section 4) official detention system, known as liuzhi, faced allegations of detainee abuse and torture. 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 is unclear.
Although liuzhi operates outside the judicial system, confessions given while in liuzhi were used as evidence in judicial proceedings. According to 2019 press reports and an August 2019 NGO report, liuzhi detainees were subjected to extended solitary confinement, sleep deprivation, beatings, and forced standing or sitting in uncomfortable positions for hours and sometimes days.
There were no statistics available for the number of individuals in the liuzhi detention system nationwide. Several provinces, however, publicized these numbers, including Hubei with 1,095 and Zhejiang with 931 detained, both in 2019. One provincial official head of the liuzhi detention system stated suspects averaged 42.5 days in detention before being transferred into the criminal justice system.
On January 8, Guangzhou police detained Kwok Chun-fung, a Hong Kong student enrolled at the Guangzhou University of Chinese Medicine, on charges of “soliciting prostitution.” The university issued a statement on January 15 stating that Kwok was under suspicion of soliciting prostitution after being caught in a hotel room with a woman and outlined charges on two additional related offenses that allegedly occurred between November and December 2019. Kwok was cofounder of FindCMed, which provided medical help to injured protesters during Hong Kong’s antigovernment protests. A Hong Kong Baptist University instructor and Kwok’s associates said that the CCP habitually used “soliciting prostitution” as a charge to target opponents since police could detain a suspect administratively without court review. Local media and Kwok’s associates implied his detention was the People’s Republic of China (PRC) government’s retaliation against him for his role in the protests.
In September following her diagnosis with terminal lung cancer, authorities allowed Pu Wenqing, mother of Sichuan-based human rights activist Huang Qi, detained since 2016, to speak to her son in a 30-minute video call, the first contact with her son allowed to her after four years of trying. Pu remained under house arrest with no charges filed as of December. She had been disappeared in 2018 after plainclothes security personnel detained her at a Beijing train station. She had petitioned central authorities earlier in 2018 to release her detained son for health reasons and poor treatment within his detention center.
In a related case, Beijing authorities arbitrarily detained Zhang Baocheng, who had assisted and escorted the elderly Pu Wenqing around Beijing in 2018 as she sought to petition central authorities over her son’s detention. In December 2019 Beijing police charged Zhang, a former member of the defunct New Citizens Movement that campaigned for democracy and government transparency, with “picking quarrels, promoting terrorism, extremism, and inciting terrorism.” A Beijing court convicted him of “picking quarrels” and sentenced him in November to three and one-half years in prison, using his posts on Twitter as evidence against him.
In September, Hursan Hassan, an acclaimed Uyghur filmmaker, was sentenced to 15 years on the charge of “separatism.” Hassan had been held since 2018 arbitrarily without any contact with his family.
Following local resistance to a policy announced on August 26 mandating Mandarin be used for some school courses in Inner Mongolia in place of the Mongolian language, several prominent dissidents were either detained or held incommunicado. Ethnic Mongolian writer Hada, who had already served a 15-year jail term for “espionage” and “separatism” and was under house arrest, was incommunicado as of December. His wife and child’s whereabouts were also unknown. Ethnic Mongolian musician Ashidaa, who participated in protests against the new language policy, was also detained, and family members and lawyers were not permitted to visit him.
Political Prisoners and Detainees
Government officials continued to deny holding any political prisoners, asserting persons were detained not for their political or religious views but because they had violated the law. Authorities, however, continued to imprison citizens for reasons related to politics and religion. Human rights organizations estimated tens of thousands of political prisoners remained incarcerated, most in prisons and some in administrative detention. The government did not grant international humanitarian organizations access to political prisoners.
Authorities granted political prisoners early release at lower rates than other prisoners. Thousands of persons were serving sentences for political and religious offenses, including for “endangering state security” and carrying out “cult activities.” The government neither reviewed the cases of those charged before 1997 with counterrevolution and hooliganism nor released persons imprisoned for nonviolent offenses under repealed provisions.
Many political prisoners remained either in prison or under other forms of detention after release at year’s end, including writer Yang Maodong (pen name: Guo Feixiong); Uyghur scholars Ilham Tohti and Rahile Dawut; activists Wang Bingzhang, Chen Jianfang, and Huang Qi; Taiwan prodemocracy activist Lee Ming-Che; pastors Zhang Shaojie and Wang Yi; Falun Gong practitioner Bian Lichao; Catholic Auxiliary Bishop of Shanghai Thaddeus Ma Daqin; rights lawyers Xia Lin, Gao Zhisheng, Xu Zhiyong, and Yu Wensheng; blogger Wu Gan; and Shanghai labor activist Jiang Cunde.
Criminal punishments included “deprivation of political rights” for a fixed period after release from prison, during which an individual could be denied rights of free speech, association, and publication. Former prisoners reported their ability to find employment, travel, obtain residence permits and passports, rent residences, and access social services was severely restricted.
Authorities frequently subjected former political prisoners and their families to surveillance, telephone wiretaps, searches, and other forms of harassment or threats. For example, security personnel followed the family members of detained or imprisoned rights activists to meetings with foreign reporters and diplomats and urged the family members to remain silent about the cases of their relatives. Authorities barred certain members of the rights community from meeting with visiting dignitaries.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Expression, Including for the Press
The constitution states citizens “enjoy freedom of speech, of the press, of assembly, of association, of procession and of demonstration.” Authorities limited and did not respect these rights, however, especially when their exercise conflicted with CCP interests. Authorities continued to impose ever tighter control of all print, broadcast, electronic, and social media and regularly used them to propagate government views and CCP ideology. Authorities censored and manipulated the press, social media, and the internet, particularly around sensitive anniversaries and topics such as public health.
Freedom of Speech: Citizens could discuss some political topics privately and in small groups without official punishment. Authorities, however, routinely took harsh action against citizens who questioned the legitimacy of the CCP or criticized President Xi’s leadership. Some independent think tanks, study groups, and seminars reported pressure to cancel sessions on sensitive topics. Many others confirmed authorities regularly warned them against meeting with foreign reporters or diplomats, and to avoid participating in diplomatic receptions or public programs organized by foreign entities.
Those who made politically sensitive comments in public speeches, academic discussions, or remarks to media, or posted sensitive comments online, remained subject to punitive measures, as did members of their family. In addition an increase in electronic surveillance in public spaces, coupled with the movement of many citizens’ routine interactions to the digital space, signified the government was monitoring an increasing percentage of daily life. Conversations in groups or peer-to-peer on social media platforms and via messaging applications were subject to censorship, monitoring, and action from the authorities. An increasing threat of peer-to-peer observation and possible referral to authorities further eroded freedom of speech.
In January the China Independent Film Festival, established in Nanjing in 2003, abruptly suspended operations, citing challenges to its editorial independence. Over its history the festival shared documentaries that addressed topics the authorities considered politically sensitive, including the forced relocation of local communities for largescale development projects.
In April authorities sentenced Chen Jieren, an anticorruption blogger, to 15 years in prison for “picking quarrels and provoking trouble,” extortion, blackmail, and bribery. Chen, a former state media journalist, was detained in 2018 after he accused several Hunan party officials of corruption in his personal blog.
On September 22, a Beijing court sentenced outspoken CCP critic Ren Zhiqiang to 18 years’ imprisonment and a fine of more than four million renminbi ($600,000) for his convictions on multiple charges including corruption, bribery, embezzlement of funds, and abuse of power by a state-owned enterprise official. In February, Ren published an essay online criticizing the CCP’s COVID-19 response. While not mentioning President Xi by name, Ren wrote that he saw “a clown stripped naked who insisted on continuing being called emperor.” Ren was detained in March. His case was largely viewed not as a corruption case, but as a crackdown for his critical public comments against Xi.
Authorities arrested or detained countless citizens for “spreading fake news,” “illegal information dissemination,” or “spreading rumors online.” These claims ranged from sharing political views or promoting religious extremism to sharing factual reports on public health concerns, including COVID-19. From January 1 to March 26 alone, NGO China Human Rights Defenders documented 897 cases of Chinese internet users targeted by police for their information sharing or online comments related to COVID-19. Based on research conducted by China Digital Times, during the same period authorities charged 484 persons with criminal acts for making public comments about the COVID-19 crisis.
This trend remained particularly apparent in Xinjiang, where the government imposed a multifaceted system of physical and cyber controls to stop individuals from expressing themselves or practicing their religion or traditional beliefs. Beyond the region’s expansive system of internment camps, the government and the CCP implemented a system to limit in-person and online speech. In Xinjiang police regularly stopped Muslims and members of non-Han ethnic minorities and demanded to review their cell phones for any evidence of communication deemed inappropriate.
During the year the government significantly extended the automation of this system, using phone apps, cameras, and other electronics to monitor all speech and movement. Authorities in Xinjiang built a comprehensive database that tracked the movements, mobile app usage, and even electricity and gasoline consumption of inhabitants in the region.
The government also sought to limit criticism of their Xinjiang policies even outside the country, disrupting academic discussions and intimidating human rights advocates across the world. Government officials in Xinjiang detained the relatives of several overseas activists.
Numerous ethnic Uyghurs and Kazakhs living overseas were intimidated into silence by government officials making threats against members of their family who lived in China, threats sometimes delivered in China to the relatives, and sometimes delivered by Chinese government officials in the foreign country.
The government increasingly moved to restrict the expression of views it found objectionable even when those expressions occurred abroad. Online the government expanded attempts to control the global dissemination of information while also exporting its methods of electronic information control to other nations’ governments. During the year there was a rise in reports of journalists in foreign countries and ethnic Chinese living abroad experiencing harassment by Chinese government agents due to their criticisms of PRC politics. This included criticisms posted on platforms such as Twitter that were blocked within China.
The government sought to limit freedom of speech in online gaming platforms. The popular Chinese-made online game Genshin Impact censored the words “Taiwan” and “Hong Kong” among others in its in-game chat program. Users noted the program’s censorship covered all users, regardless of the country of citizenship or where the game was being played.
Freedom of Press and Media, Including Online Media: The CCP and government continued to maintain ultimate authority over all published, online, and broadcast material. Officially only state-run media outlets have government approval to cover CCP leaders or other topics deemed “sensitive.” While it did not dictate all content to be published or broadcast, the CCP and the government had unchecked authority to mandate if, when, and how particular issues were reported or to order they not be reported at all. The government’s propaganda department issued daily guidance on what topics should be promoted in all media outlets and how those topics should be covered. Chinese reporters working for private media companies confirmed increased pressure to conform to government requirements on story selection and content.
The Cyberspace Administration of China (CAC) directly manages internet content, including online news media, and promotes CCP propaganda. One of the CCP propaganda department deputy ministers ran the organization’s day-to-day operations. It enjoyed broad authority in regulating online media practices and played a large role in regulating and shaping information dissemination online.
The CCP continued to monitor and control the use of non-Mandarin languages in all media within the country. In April live streamers working in the southern part of the country accused Douyin, the Chinese version of TikTok, of suspending users who spoke Cantonese on its livestreaming platform. One user who regularly used Cantonese in his livestream programs said he had received three short suspensions for “using language that cannot be recognized.” He noted the app included automatic guidelines prompting users to speak Mandarin “as much as possible.”
All books and magazines continued to require state-issued publication numbers, which were expensive and often difficult to obtain. As in the past, nearly all print and broadcast media as well as book publishers were affiliated with the CCP or the government. There were a small number of print publications with some private ownership interest but no privately owned television or radio stations. The CCP directed the domestic media to refrain from reporting on certain subjects, and traditional broadcast programming required government approval.
Journalists operated in an environment tightly controlled by the government. Only journalists with official government accreditation were allowed to publish news in print or online. The CCP constantly monitored all forms of journalist output, including printed news, television reporting, and online news, including livestreaming. Journalists and editors self-censored to stay within the lines dictated by the CCP, and they faced increasingly serious penalties for crossing those lines, which could be opaque. While the country’s increasingly internet-literate population demanded interesting stories told with the latest technologies, government authorities asserted control over technologies such as livestreaming and continued to pressure on digital outlets and social media platforms.
Because the CCP does not consider internet news companies “official” media, they are subject to debilitating regulations and barred from reporting on potentially “sensitive” stories.
Wei Zhili, editor of the citizen media magazine New Generation and a labor rights activist, and his colleague Ke Chengbing remained in detention on charges of “picking quarrels.” Detained in March 2019, as of March 19, Wei had not been allowed to meet with his lawyer. An NGO reported that authorities installed surveillance cameras at the home of Wei’s wife, Zheng Churan.
In June after two years in custody, Chongqing entrepreneur Li Huaiqing went on trial for “inciting subversion of state power;” a verdict had not been announced by year’s end.
Violence and Harassment: The government frequently impeded the work of the press, including citizen journalists. Journalists reported being subjected to physical attack, harassment, monitoring, and intimidation when reporting on sensitive topics. Government officials used criminal prosecution, civil lawsuits, and other punishment, including violence, detention, and other forms of harassment, to intimidate authors and journalists and to prevent the dissemination of unsanctioned information on a wide range of topics.
Family members of journalists based overseas also faced harassment, and in some cases detention, as retaliation for the reporting of their relatives abroad. Dozens of Uyghur relatives of U.S.-based journalists working for Radio Free Asia’s Uyghur Service remained disappeared or arbitrarily detained in Xinjiang.
Restrictions on domestic and foreign journalists by central and local CCP propaganda departments increased significantly.
Journalists faced the threat of demotion or dismissal for publishing views that challenged the government. In many cases potential sources refused to meet with journalists due to actual or feared government pressure. During the year the scope of censorship expanded significantly with several Chinese journalists noting “an atmosphere of debilitating paranoia.” For example, long-standing journalist contacts declined off-the-record conversations, even about nonsensitive topics. In one case, a reporter noted a fear of talking to foreign journalists and said that journalists and editors were even frightened to talk to one another. During the year authorities imprisoned numerous journalists working in traditional and new media. The government also silenced numerous independent journalists by quarantining them under the guise of pandemic response.
In December, Bloomberg reporter Haze Fan was arrested at her apartment complex on suspicion of “endangering national security.” Details surrounding the reasons for her arrest were unclear at year’s end.
In June, Lu Yuyu, founder of the blog Not News, was released from prison after four years following a 2017 conviction for “picking quarrels and provoking trouble,” an ill-defined offense regularly used to target journalists. According to testimony he provided the Committee to Protect Journalists, Lu was seriously beaten twice while incarcerated. Lu said that while in the Dali City detention center he was regularly taken to a special interrogation room, tied to a tiger chair to immobilize his arms and legs, and then shown videos of other persons’ confessions. On one occasion he said he was placed in shackles and handcuffs and then beaten in his cell by at least two guards.
The Foreign Correspondents’ Club of China’s annual report on media freedoms found 82 percent of surveyed correspondents said they experienced interference, harassment, or violence while reporting; 70 percent reported the cancellation or withdrawal of interviews, which they knew or believed to be due to actions taken by the authorities; 25 percent were aware of sources being harassed, detained, called in for questioning, or otherwise suffering negative consequences for interacting with a foreign journalist; and 51 percent said they were obstructed at least once by police or other officials.
In February authorities expelled three Wall Street Journal reporters. In March the government designated the Washington Post, the Wall Street Journal, and Voice of America as foreign missions, forcing all three to report details to the government about their staffing, finances, and operations within the country. The Foreign Correspondents’ Club described the use of press accreditation as the most brazen attempt in the post-Mao era to influence foreign news organizations and to punish those whose work the government deems unacceptable.
Authorities used the visa renewal process to challenge journalists and force additional foreign reporters out of the country. In May officials refused to renew a work permit for a New York Times correspondent, who was then forced to leave the country. In September a Washington Post correspondent departed voluntarily, but authorities declined to issue a new work permit for her successor, leaving the Post without a single reporter in the country.
In late August, Chinese authorities stopped renewing press credentials for journalists regardless of nationality working at U.S. news organizations. The Ministry of Foreign Affairs instead issued letters in lieu of press cards that it warned could be revoked at any time.
Local employees working for foreign press outlets reported increased harassment and intimidation, in addition to authorities’ continued tight enforcement of restrictions on these employees. Foreign news bureaus are prohibited by law from directly hiring Chinese citizens as employees and must rely on personnel hired by the Personnel Service Corporation, affiliated with the Ministry of Foreign Affairs. The code of conduct threatens dismissal and loss of accreditation for those citizen employees who engage in independent reporting. It instructs them to provide their employers information that projects “a good image of the country.” Previously, media outlets reported they were able to hire local staff but had to clear them with government officials. More recently, they said, all hiring must be preapproved and new staff were wary of taking on responsibilities that might be considered politically sensitive, limiting their portfolios and contributions.
In March the Beijing Personnel Service Corporation for Diplomatic Missions ordered the dismissal of at least seven Chinese nationals who worked at U.S. news organizations in Beijing.
According to a foreign reporter, one of his drivers was briefly separated from his car and authorities planted a listening device in his clothing and ordered him to monitor the reporter’s conversations during a trip to Inner Mongolia. On a reporting trip to Inner Mongolia, a different foreign reporter was detained for more than four hours. During the reporter’s detention, one officer grabbed her by the throat with both hands and pushed her into a cell even after she identified herself as an accredited journalist.
Government harassment of foreign journalists was particularly aggressive in Xinjiang. According to the 2019 Foreign Correspondents’ Club report, 94 percent of reporters who traveled to Xinjiang were prevented from accessing locations. Reporters documented cases of staged traffic accidents, road blockages, hotel closures, and cyberattacks. Nearly all foreign journalists reported constant surveillance while they worked in Xinjiang, with government agents stepping in to block access to some areas, intimidating local inhabitants so they would not talk to the journalists, and stopping the journalists–sometimes many times per day–to seize their cameras and force them to erase pictures. Reporters noted local contacts warned them any resident seen talking to foreigners would almost certainly be detained, interrogated, or sent to a “re-education camp.”
Censorship or Content Restrictions: Regulations grant broad authority to the government at all levels to restrict publications based on content, including mandating if, when, and how particular issues are reported.
Official guidelines for domestic journalists were often vague, subject to change at the discretion of propaganda officials, and enforced retroactively. Propaganda authorities forced newspapers and online media providers to fire editors and journalists responsible for articles deemed inconsistent with official policy and suspended or closed publications. Self-censorship remained prevalent among journalists, authors, and editors, particularly with post facto government reviews carrying penalties.
The government sought to exercise complete control over public and private commentary regarding the COVID-19 outbreak, undermining local and international efforts to report on the virus’s spread. COVID-19 information on Chinese social media was closely guarded from the outbreak’s earliest manifestation. Beginning on December 31, 2019, and continuing into 2020, the popular livestreaming and messaging platforms WeChat and YY imposed new censorship protocols, including on words related to the virus causing COVID-19, SARS, and potential disease vectors. On January 2, PRC state media aggressively highlighted the detention of eight doctors in Wuhan who warned about new virus reports via social media in late December, including Dr. Li Wenliang. Li, who later died from the virus, was condemned for “making false statements” on the Internet and was forced to write a self-criticism saying his warnings “had a negative impact.” Top national television news program Xinwen Lianbo reported the detentions while Xinhua published a call from Wuhan police for “all netizens to not fabricate rumors, not spread rumors, not believe rumors.” On January 14, plainclothes police detained journalists trying to report from Wuhan’s Jinyintan Hospital and forced them to delete their television footage and hand in phones and cameras for inspection.
On February 2, government authorities told media outlets not to publish negative coronavirus-related articles. On February 6, the government tightened controls on social media platforms following a Xi Jinping directive to strengthen online media control to maintain social stability. On the same day, citizen journalist and former rights lawyer Chen Qiushi disappeared in Wuhan after posting mobile-phone videos of packed hospitals and distraught families. On February 9, citizen journalist and local businessman Fang Bin disappeared after posting videos from Wuhan that circulated widely on Chinese social media. On February 15, activist Xu Zhiyong was arrested after publishing a February 4 essay calling on Xi Jinping to step down for suppressing information about the virus. On February 16, Tsinghua University professor Xu Zhangrun was placed under house arrest, barred from social media, and cut off from the Internet after publishing an essay declaring, “The coronavirus epidemic has revealed the rotten core of Chinese governance.” On February 26, citizen journalist Li Zehua, who quit his job at state broadcaster CCTV to report independently from Wuhan, was detained. With security officers at his door, Li recorded a video testament to free speech, truth, and the memory of the Tiananmen movement.
In March, Renwu magazine published an interview with a frontline doctor that included allegations the outbreak started in December but that officials warned doctors not to share information about the virus. The story was deleted several hours after it went online.
In April authorities charged three persons with the crime of “picking quarrels and provoking trouble” for their volunteer work with the “Terminus 2049” project, which republishes social media and news reports likely to be censored by the government, including coronavirus outbreak pieces.
Control over public depictions of President Xi increased, with censors aggressively shutting down any depiction that varied from official media storylines. Censors continued to block images of the Winnie the Pooh cartoon character on social media because internet users used the symbol to represent Xi. Social media posts did not allow comments related to Xi Jinping and other prominent Chinese leaders.
Domestic films were subject to government censorship. The CCP issued a series of internal notices calling for films to highlight Chinese culture and values and promote the country’s successful growth. The popular World War Two historical drama The Eight Hundred, released in August, was originally scheduled for release in July 2019 but was abruptly pulled from distribution after censors noted the movie’s heroes rallied around the historically accurate Republic of China flag, which is still in use as the flag of Taiwan. The film was re-edited (and the flag altered) before the August release.
Foreign movies shown in the country were also subject to censorship. In December authorities ordered theaters to stop showing the fantasy action movie Monster Hunter after one day because of a short scene where soldiers made a joke involving the English-language words “knees” and “Chinese.” The movie remained banned even after the German producers apologized and deleted the scene. In September before its release in the country, domestic media outlets were ordered not to cover the new movie Mulan.
Newscasts from overseas news outlets, largely restricted to hotels and foreign residence compounds, were subject to censorship. Individual issues of foreign newspapers and magazines were occasionally banned when they contained articles deemed too sensitive. Articles on sensitive topics were removed from international magazines. Television newscasts were blacked out during segments on sensitive subjects, including for example portions of the U.S. vice-presidential debate when China was a topic of discussion.
Government regulations restrict and limit public access to foreign television shows, which are banned during primetime, and local streamers had to limit the foreign portion of their program libraries to less than 30 percent.
Authorities continued to ban books with content they deemed inconsistent with officially sanctioned views. The law permits only government-approved publishing houses to print books. Newspapers, periodicals, books, audio and video recordings, or electronic publications may not be printed or distributed without the approval of central authorities and relevant provincial publishing authorities. Individuals who attempted to publish without government approval faced imprisonment, fines, confiscation of their books, and other punishment. The CCP also exerted control over the publishing industry by preemptively classifying certain topics as state secrets.
Media reported in May that Chongqing announced a reward of up to 600,000 renminbi ($90,000) for reporting cases concerning imported illegal overseas publications.
Media reported in June that authorities in many rural counties, such as Libo County in Guizhou Province, were cracking down on “politically harmful publications.”
After schools reopened following the COVID-19 outbreak, school libraries in at least 30 provinces and municipalities expunged many titles from their libraries. Government officials ordered school officials to remove books according to a 2019 directive that sought to eliminate any books in school libraries that challenged the “unity of the country, sovereignty or its territory, books that upset society’s order and damage societal stability; books that violate the Party’s guidelines and policies, smear, or defame the Party, the country’s leaders and heroes.”
Authorities often justified restrictions on expression on national security protection grounds. In particular government leaders cited the threat of terrorism to justify restricting freedom of expression by Muslims and other religious minorities. These justifications were a baseline rationale for restrictions on press movements, publications, and other forms of repression of expression.