Submission to the report on the protection of lawyers. The Rights Practice. December 2021 suggests that there has been a reduction in access to detention centres to meet clients. It has also been suggested that the pandemic reduced capacity to process criminal cases. Chinese scholars have observed that efforts to reduce infection spreading in crowded detention centres may have resulted in an increase in other kinds of pre-trial disposals, especially bail.39 9. Please describe the measures and policies you would suggest to better protect and guarantee the free exercise of the legal profession. • • • • Repeal the use of ‘residential surveillance in a designated location’ (RSDL) as a form of enforced disappearance. Notwithstanding its legal basis in Chinese law, this measure is used against rights lawyers and to restrict access to a lawyer. Increase transparency, as promised by the Supreme People’s Court, by allowing lawyers full access to the secondary case file. Revise regulations that restrict lawyers’ freedom to speech to the minimum necessary to prevent contempt of court. Allow lawyers to be present during police interviews of their client. Guarantee the defendant the right to access their lawyer of choice, rather than a government-appointed lawyer. The Rights Practice, “Respect for Minimum Standards? Report on the Death Penalty in China”. 10 October, 2020. https://www.rights-practice.org/news/respect-for-minimum-standards-report-on-the-death-penalty-in-china 39 10

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents