RSDL Resources

residential surveillance at a designated location

Legal name: Residential Surveillance at a Designated Location (or Place); RSDL; and in Chinese, 指定居所监视居住

Well-known victims: Ai Weiwei, Gao Zhisheng, Liu Xiaobo, Wang Yu, the Hong Kong booksellers, Peter Dahlin, Lee Ming-che

Related human rights issues: Torture, threats to family, denial of access to  lawyer,  forced medication, sleep and food deprivation, delayed sentencing, forced confessions pre-trial and at trial, secret trial, delayed trial, and non-release release

 

Legal

  • RSDL in Chinese law (articles 72 to 77 are relevant): ChinaLawTranslate,: Criminal Procedure Law (2012), 8 April 2013
  • Oversight of RSDL in Chinese law: ChinaLawTranslate: Provisions on People’s Procuratorates’ Oversight of Residential Surveillance in a Designated Location,  14 July 2016
  • Enforced disappearances in international law: United Nations Human Rights Office of the High Commissioner:International Convention for the Protection of All Persons from Enforced Disappearances
  • Elizabeth M Lynch: China Law & PolicyCodifying Illegality? The Case of Jiang Tianyong, 20 January 2017
  • Jerome Cohen: Jerry’s Blog:Disappearance of Chinese human rights lawyer: what it means to be placed under “residential surveillance” in China, 26 December 2016
  • Margaret K. Lewis: China Law and Policy:Who Will Be Watched: Margaret K. Lewis on China’s New CPL & Residential Surveillance , 25 September 2015

General

  •  Does China’s New Detention Law Matter, China Digital Times, 13 March 2013
  • What You Need to Know About China’s ‘Residential Surveillance at a Designated Place’, Yaqiu Wang, Chinachange, 2 August 2015
  • New Type of Detention Marks China’s Intensifying Crackdown on Civil Society, Jojje Olsson, Taiwan Sentinel, 15 May 2017
  • Residential Surveillance at a Designated Place, Wikipedia
  • Arrested, Detained: A Guide to Navigating China’s Police Powers, Stanley Lubman, Wall Street Journal, 12 August 2014

 

Human rights reviews & reports

  • Congressional-Executive Commission on China annual reports, 2016 and 2017 include dedicated sections on RSDL under Criminal Justice chapter
  • Prevention of Torture: concerns with the use of ‘residential confinement in a designated residence’, report by the Rights Practice in relation to the fifth periodic report from China, submitted to the Committee Against Torture, 56 Session, Sep- Dec 2015

 

Victim stories

  • CHRD update on arbitrary detention and torture of Chinese lawyer Xie Yang, China Human Rights Defenders, 20 February 2017
  • China lawyer recounts torture under Xi’s ‘war on law’, John Sudworth, BBC, 26 October 2017
  • The disappeared: Accounts from inside China’s secret prisons, Chieu Luu and Matt Rivers, CNN, 27 November 2017

 

Commentary

  • Legalizing the Tools of Repression, Nicholas Bequelin, The New York Times, 29 February 2012
  • China’s secret detention of lawyers threatens the rule of law, William Nee, Hong Kong Free Press, 29 September 2015
  • The People’s Republic of the Disappeared, Michael Caster, The Diplomat, 6 December 2015

 

Books 

 

United Nations Treaties and Bodies 

A number of UN treaties and their associated bodies (with which complaints can be filed) cover the human rights violations associated with RSDL. They are:

China status: not a signatory

China status: signed, but not ratified

China status: ratified.

 

 

 

Chinese edition of the book now out, what the media have been saying

Updated 2 January 2018. Two weeks after its launch in English, the Chinese language edition of The People’s Republic of the Disappeared was published for the first time today. The Chinese edition is available from this website in PDF and MOBI versions, for free, and also as paperback for U.S, U.K., Europe and more at Amazon.

 

The People’s Republic of the Disappeared, with a foreword by Dr. Teng Biao, provides a comprehensive and chilling portrait of Residential Surveillance at a Designated Location (RSDL) through the first-person accounts of 11 of its victims.

 

The English language edition is aimed at a global readership and focused on raising attention about this grave and little understood human rights violation. The target audience of this new Chinese edition is Chinese citizens – human rights defenders, lawyers, activists, bloggers, and, most crucially, their families – to help them better understand and prepare for the possibility of themselves becoming victims.

 

In the two weeks since its English-language release, The People’s Republic of the Disappeared has garnered some impressive reviews and coverage. Here is a sample:

  • The New York Times called the stories in the book “rare in detail,” describing RSDL as “a widespread practice of whisking people into secret detention — ‘disappearing’ them into a labyrinth where China’s stunted legal protections can do little to prevent abuse.”
  • South China Morning Post reviews the book, saying “At just over 200 pages, the book can almost be finished in one sitting, but it would make for a very heavy session.”
  • Radio France International’s Spotlight ran an extensive interview with the book’s editor Michael Caster, who spoke about how the legalization of RSDL demonstrates China’s “chilling reliance on enforced disappearances.”
  • ABC radio interviewed The People’s Republic of the Disappeared editor, Michael Caster. He talked about the key victims of RSDL – front-line rights defenders in China, how they help others to defend their rights, and why they are so feared by the state.
  • Kong Tsung-gan‘s annual “Best human rights books of the year” for 2017 listed The People’s Republic of the Disappeared: “Reading this is like taking a direct glimpse at the cruelty and brutality that are the heart of Communist Party rule.”
  • Veteran scholar of Chinese law, Jerome A. Cohen, featured The People’s Republic of the Disappeared on his blog  calling it a “noteworthy” and “deserving” book.
  • Hong Kong Free Press ran both an opinion piece on Wang Quanzhang by Peter Dahlin, the author of one of the first-person accounts in The People’s Republic of the Disappeared and ran an extract from Wang Yu’s chapter in that book.
  • QUARTZ  focused on our chapter written by Wang Yu, covering the abuses she suffered under RSDL such as being forced to strip and taunting her about her son’s safety, and why she finally agreed to write about her terrible ordeal.
  • CNN ran a longer piece titled The Disappeared both on TV and in webprint, after a year’s work interviewing several of the people whose full accounts appear in the book.

 

 

 

 

Book Launch: THE PEOPLE’S REPUBLIC OF THE DISAPPEARED

book cover

14 November 2017 – Residential Surveillance at a Designated Location (RSDL) is China’s attempt to mask its systematic use of enforced disappearances of human rights defenders behind the veneer of the rule of law. Under RSDL, the state can take anyone, deny them access to a lawyer, and refuse the outside world any information about their fate or whereabouts for up to six months. The state Prosecutor is even denied the right to visit the victim or provide oversight against maltreatment. Torture is common. There is no legal review or appeal. Once inside RSDL, you simply disappear.

“You are now under Residential Surveillance at a Designated Location.
Your only right is to obey.”
from Chapter 7, Xie Yang

The People’s Republic of the Disappeared, with a foreword by Dr. Teng Biao, provides a comprehensive and chilling portrait of RSDL through the first-person accounts of 11 of its victims. Wang Yu, the renowned rights defense lawyer, kidnapped in the middle of the night, speaks for the first time about her six month’s of disappearance. Tang Zhishun, taken in Myanmar and illegally brought back to China, laughs at the absurdity of being charged with subversion. One author recounts being forced to sing the national anthem naked in his cell, while another tells how the police threatened him with permanent disappearance.

Through these 11 stories, The People’s Republic of the Disappeared charts the common experiences of abuse inside RSDL, from prolonged solitary confinement, extended sleep and food deprivation, and beatings, to the use of threats against loved ones. It portrays a system designed with one intention: to break you. The book concludes with a comprehensive analysis of relevant domestic Chinese and international law.

China’s normalization of enforced disappearances is a direct challenge to the international human rights system. The world’s media have so far effectively ignored RSDL, and in China itself even many rights defenders remain uncertain about what it really is. This book will change that.

“Direct and compelling, these first-person accounts give us a sense of the terrors…”
Eva Pils, King’s College London

“…the most comprehensive collective portrait to date”
Terence Halliday, American Bar Foundation

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