China has said it will take action to stop enforced disappearances and torture yet both are still endemic largely because of the 2013 introduction of Residential Surveillance at a Designated Location (RSDL) – a custodial system that lends itself to both rights violations.
At the end of last month, Safeguard Defenders made a submission on RSDL to the United Nations Human Rights Council’s Universal Periodic Review (UPR) process on China saying that the state has not only failed to take legislative action to stop enforced disappearances, but that the legalisation of RSDL has enabled its expanded used and that of torture. What is the UPR?
The evidence carefully presented in this report is drawn from our ongoing and long-term project to build up a detailed database on the use of RSDL.
Some of the key evidence we provided was:
Our submission, in the jargon called an NGO stakeholder report, is in direct response to a number of UN reports and recommendations on China and the country’s own legal commitments. The most important in the context of this submission is China’s own report presented for the UPR review cycle in October 2013 (previous cycle) when it said that it would work to improve and perfect laws to prevent using torture to extract confessions or self-incrimination.
However, since then, the use of torture in China remains prevalent, and measures to protect against the use of torture are regularly ignored. Another report by Safeguard Defenders, on the lack of protections against torture, will be released soon.
Since that UPR 2013 review, the legal framework concerning enforced disappearances has been significantly weakened, and the state’s use of mechanisms that qualify as leading to enforced disappearances has expanded significantly.
Our list of recommendations includes urging China to abolish RSDL in all its forms, to ratify the International Convention for the Protection of All Persons from Enforced Disappearance, and revise the language in domestic law to explicitly make torture illegal.
What is the UPR?
The UPR, the Universal Periodic Review, is a UN mechanism for reviewing a country’s full commitments under the United Nations and International Law. Every country is reviewed every four years. The country in question submits its own report on how it views its progress, the UN compiles its own report from various UN organs, and civil society can submit their reports, often on a specific subject. These stand as the basis for a full review of that country, and all other UN member states can ask questions and make recommendations for how that country needs to improve any aspect of their commitment under international obligations. China was last reviewed in 2013, and will be reviewed again this year.