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滕彪文集
·中国两位律师获民主奖/美国之音
·独立知识分子——写给我的兄弟/许志永
·滕彪的叫真/林青
·2011年十大法治事件(公盟版)
·Chinese Human Rights Lawyers Under Assault
·《乱诗》/殷龙龙
·吴英的生命和你我有关
·和讯微访谈•滕彪谈吴英案
·吴英、司法与死刑
·努力走向公民社会(视频访谈)
·【蔡卓华案】胡锦云被诉窝藏赃物罪的二审辩护词
·23岁青年被非法拘禁致死 亲属六年申请赔偿无果
·5月2日与陈光诚的谈话记录
·华邮评论:支持中国说真话者的理由
·中国律师的阴与阳/金融时报
·陈光诚应该留还是走?/刘卫晟
·含泪劝猫莫吃鼠
·AB的故事
·陈克贵家属关于拒绝接受两名指定律师的声明
·这个时代最优异的死刑辩词/茉莉
·自救的力量
·不只是问问而已
·The use of Citizens Documentary in Chinese Civil Rights Movements
·行政强制法起草至今23年未通过
·Rights Defence Movement Online and Offline
·遭遇中国司法
·一个单纯的反对者/阳光时务周刊
·“颠覆国家政权罪”的政治意涵/滕彪
·财产公开,与虎谋皮
·Changing China through Mandarin
·通过法律的抢劫——答《公民论坛》问
·Teng Biao: Defense in the Second Trial of Xia Junfeng Case
·血拆危局/滕彪
·“中国专制体制依赖死刑的象征性”
·To Remember Is to Resist/Teng Biao
·Striking a blow for freedom
·滕彪:维权、微博与围观:维权运动的线上与线下(上)
·滕彪:维权、微博与围观:维权运动的线上与线下(下)
·达赖喇嘛与中国国内人士视频会面问答全文
·台灣法庭初體驗-專訪滕彪
·滕彪:中国政治需要死刑作伴
·一个反动分子的自白
·强烈要求释放丁红芬等公民、立即取缔黑监狱的呼吁书
·The Confessions of a Reactionary
·浦志强 滕彪: 王天成诉周叶中案代理词
·选择维权是一种必然/德国之声
·A courageous Chinese lawyer urges his country to follow its own laws
·警方建议起诉许志永,意见书似“公民范本”
·对《集会游行示威法》提起违宪审查的公开建议书
·对《集会游行示威法》提起违宪审查的公开建议书
·滕彪访谈录:在“反动”的道路上越走越远
·因家暴杀夫被核准死刑 学界联名呼吁“刀下留人”
·川妇因反抗家暴面临死刑 各界紧急呼吁刀下留人
·Activist’s Death Questioned as U.N. Considers Chinese Rights Report
·Tales of an unjust justice
·打虎不是反腐
·What Is a “Legal Education Center” in China
·曹雅学:谁是许志永—— 与滕彪博士的访谈
·高层有人倒行逆施 民间却在不断成长
·让我们记住作恶的法官
·China’s growing human rights movement can claim many accomplishments
·總有一種花將會開遍中華大地/郭宏治
·不要忘记为争取​自由而失去自由的人们
·Testimony at CECC Hearing on China’s Crackdown on Rights Advocates
·Tiananmen at 25: China's next revolution may already be underway
·宗教自由普度共识
·"Purdue Consensus on Religious Freedom"
·Beijing urged to respect religious freedom amid ‘anti-church’ crackd
·“中共难容宗教对意识形态的消解”
·非常规威慑
·许志永自由中国公民梦不碎
·滕彪维园演讲
·Speech during the June 4th Vigil in Victoria Park in Hong Kong
·坦克辗压下的中国
·呂秉權﹕滕彪赤子心「死諫」香港
·【林忌评论】大陆没民主 香港没普选?
·曾志豪:滕彪都站出來,你呢?
·June 2014: Remembering Tiananmen: The View from Hong Kong
·The Strength to Save Oneself
·讓北京知道 要甚麼樣的未來/苹果日报
·否認屠殺的言論自由?
·Beyond Stability Maintenance-From Surveillance to Elimination/Teng bia
·从稳控模式到扫荡模式
·為自由,免於恐懼越絕壑——記滕彪談中國維權路
·就律协点名维权律师“无照”执业 滕彪答德国之声记者问
·法官如何爱国?
·滕彪给全国律协的公开信
·郑州十君子公民声援团募款倡议书
·Politics of the Death Penalty in China
·What sustains Chinese truth-tellers
·在人权灾难面前不应沉默
·From Stability Maintenance to Wiping Out/Teng biao
·自由不是一個禮物,而是一個任務
·抱薪救火的严打政策
·习近平要回到文革吗?
·中国宪法的结构性缺陷
·25 years later, Tiananmen cause is still costly
·A Chinese activist: Out of prison but not free
·中国人权有进步吗?
·Activist lawyer vows to keep fighting for human rights
·高智晟:走出监狱却没有自由
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Atrocity in the Name of the Law

https://chinachange.org/2017/12/07/atrocity-in-the-name-of-the-law/
   Teng Biao, December 7, 2017
   
   This is the Foreword to The People’s Republic of the Disappeared: Stories From Inside China’s System for Enforced Disappearances, a newly published book about China’s “Residential Surveillance at a designated location.”
   

    Those holding unchecked power often seek to hide their cruelty behind euphemisms. In China, classic examples range from “land reform” to the “Cultural Revolution.” You can’t easily see the cruelty from the surface of such words. Expressions like “the three year natural disaster,” used by the Communist Party to describe the Great Leap Forward of 1958 to 1961 in which tens of millions died, or the “6/4 counterrevolutionary riot,” the description of the Tiananmen Democracy movement, are shameless acts of misrepresenting history and reversing right and wrong. Do “Legal Education Centers” really have anything to do with law or education? No. They are Black Jails for arbitrarily detaining and tormenting politically sensitive groups around the country.
   
   “Residential Surveillance at a Designated Location” (RSDL) is the latest euphemism.
   
   Tyranny is not only reflected in murder, evil laws, and crackdowns; it is reflected even more in the minor details. This book is a collection of details, vividly reflecting China’s cruelty.
   
   Much remains unknown about RSDL, and for that reason this book is an invaluable look into the rarely exposed systematic tyranny behind the euphemism of “Residential Surveillance at a Designated Location.”
   
   —
   
   Looking into its legislative history, RSDL was first envisioned in the 1997 Criminal Procedure Law (CPL), which dictated a special form of Residential Surveillance to be applied to those suspects without a fixed residence. However, with police having near unlimited powers, it is little wonder that the regulation has been used for repression.
   
   The most famous democracy advocate in China, the deceased Nobel Peace Prize laureate, Liu Xiaobo, was placed under Residential Surveillance after he was taken in December 2008. His crime had been signing “Charter 08,” a petition calling for democracy and political liberalization in China. Obviously, Liu Xiaobo did not belong to the category of “suspects without fixed residence” and should have been allowed to serve his Residential Surveillance with his family at his home. His lawyer should have been allowed to visit him anytime. Instead, Liu was effectively disappeared during his seven months of Residential Surveillance, before being sentenced in a mockery of a trial to 11 years in prison for inciting subversion of state power. On 13 July 2017, Liu Xiaobo died of liver cancer, likely treatable had he not been a prisoner of the state. His wife, Liu Xia, has also been disappeared at times, denied contact with the outside world with no legal basis or justification.
   
   During the 2011 “Jasmine Revolution,”[i] the authorities kidnapped and secretly detained human rights defenders on a large scale, in a gangland act of criminality under the banner of “National Security.” Human rights lawyer Liu Shihui (Chapter 2) reflected on his secret detention. “I was beaten so badly that I needed stitches. My ribs were in extreme pain, which continued to interrupt my sleep for days. I wished that I would be transferred to a detention center.”[ii]
   
   Similarly, [activist] Tang Jingling was not allowed to sleep for upwards of ten days. In the end, he felt “trembling, numbness of hands, and a bad feeling in his heart, that his life was in great danger, and only then did the police just allow him to sleep one or two hours a day.”[iii]
   
   Writer Ye Du was held in a Guangzhou Police Training Center for 96 days, like lawyer Sui Muqing (Chapter 10). Ye recalled, “[I] didn’t see sunlight for over a month. I was subjected to 22 hours of interrogation every day. I was given one hour for eating, one hour for sleeping, until the 7th day when my stomach had massive bleeding.”[iv]
   
   Hua Ze’s book, In the Shadow of the Rising Dragon, published in 2013, records the experiences of 47 activists caught up during the Jasmine Revolution. I was one of them.
   
   After I was kidnapped, I was detained in secret for 70 days. I was told that I was being placed under Residential Surveillance. No one ever told me their name, department, or position. Nobody ever showed me a work permit, search warrant, or any legal documents. I suffered. During this time, I was beaten, deprived of sleep, forced to maintain stress positions, forced to wear handcuffs for 24 hours a day for 36 days, threatened, abused, forced to write a confession, and otherwise ill-treated. Even now, years later, it is hard to put it into words.
   
   RSDL is classified as a non-custodial coercive measure, but in reality it has not only became a system for prolonged, pre-trial detention outside a formal, legal location, but has also become a more severe, more terrible, coercive measure than normal criminal detention. RSDL is not limited by detention center regulations, nor any real supervision at all. The chances of torture are greatly increased; in fact, torture has become rampant under RSDL.
   
   The authorities must find RSDL to be a very convenient and effective way for dealing with rights defenders, judging by its indiscriminate use since the CPL was revised in 2012.
   
   Article 73 of the CPL, stipulates that, “Residential Surveillance shall be enforced in the residence of the suspect or defendant. For those without a fixed residence, it may be enforced in a designated location. When… enforcement in the residence might impede the investigation, it may also be enforced in a designated location upon the approval of the People’s Procuratorate or Public Security organ at the level above.”
   
   The police can decide for themselves if someone is to be placed in RSDL, which means the police decide who is to be disappeared.
   
   It is little wonder that this was one of the most controversial articles during legislative reform, leading many commentators, myself included, to call it the “Jasmine Article.” This is because it appeared to legalize enforced disappearances, which had become more common during the Jasmine Revolution crackdown.
   
   The CPL stipulates that RSDL “must not be enforced in a detention center or special case-handling area;” but in reality, all RSDL is enforced at special case-handling areas run by the Public or State Security Bureaus, or it is carried out at euphemistically named “training centers,” “prevention bases,” “anti-corruption education bases,” or sometimes even hotels that have been specially converted into secret detention facilities known as Black Jails.
   
   The law permits for exceptions where family members don’t even need to be informed, and allows the state to deny access to a lawyer. These exceptions, which have now become the norm, have turned RSDL into a de facto enforced disappearance, exactly what the RSDL system seeks to achieve.
   
   
   During suppression of the “Jasmine Revolution” in 2011 and the “709 Crackdown” starting in 2015,[v] terrifying enforced disappearances became common experiences within the human rights community. The most serious example is lawyer Wang Quanzhang. While I am writing this, Wang’s fate and whereabouts have remained uncertain for over two years. The cruelty and brutality of RSDL is clearly visible for the world to see.
   
   In 2010, the Chinese government refused to sign the International Convention for the Protection of All Persons from Enforced Disappearance. This was an irresponsible act but far from surprising. Enforced disappearances are nothing new in China. High-profile examples include the 17 May 1995 disappearance of the then six-year-old Panchen Lama, who had been confirmed by the Dalai Lama, and the widespread disappearance of Uyghurs following the July 2009 Urumqi riots. Still, the legalization of enforced disappearances in the CPL is shameful.
   
   According to the original intention of the law, Residential Surveillance should only be a monitoring location. It is not to be used for interrogation or custodial purposes. However, the facilities used for RSDL have not only become specialized interrogation facilities, they have become even harsher than prisons and detention centers.

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