Submission to the report on the protection of lawyers. The Rights Practice. December 2021 often used to limit freedom of expression and punish rights lawyers with long prison sentences.11 There is also a limited role for lawyers taking on politically sensitive cases such as representing Uyghurs, in the Xinjiang Uyghur Autonomous Region (XUAR), suspected of terrorism or security-related offences.12 Under the Criminal Procedure Law, Articles 74 to 79, Chinese authorities can also hold individuals suspected of terrorism, major bribery and endangering national security offences under ‘residential surveillance in a designated location’ (RSDL). RSDL is a form of incommunicado detention: individuals can be held up to six months without access to a lawyer. For many years the UN has reiterated that the measure is incompatible with international human rights law.13 The UN Committee Against Torture has urged the repeal of RSDL and expressed concern that there is a high risk of torture and ill-treatment for detainees. 14 United Nations experts have clearly stated that it is a form of enforced disappearance. 15 An estimated 57,000 individuals are being held under RSDL. 16 Rights lawyers and human rights defenders are increasingly being targeted and subjected to RSDL for exercising their right to work.17 The measure is used to instill fear in the legal and rights defence community. Rights lawyers fear being disappeared under RSDL and this prevents them from carrying out their professional duties independently and freely. See answer to Question 6 below for more details on individuals subjected to RSDL. In 2015, the Criminal Law was also amended to include “insulting, defaming or threatening judicial personnel or litigation participants” as conduct which could constitute contempt of court. 18 Lawyers remain concerned that the provision is used arbitrarily when lawyers challenge the prosecutor or the judge in court. The Criminal Law, Article 306, has long been criticised for punishing lawyers collecting evidence. The Article states that defenders or agents fabricating evidence or inducing witnesses to change or give false testimony, may be sentenced to prison.19 Many lawyers fear that if they collect evidence for their client’s case, especially related to allegations of torture, they may be punished under this law. 20 When Criminal Law of the People’s Republic of China. 2020. Chinese: http://xingfa.org/ Unofficial English translation, Law Info China: https://www.lawinfochina.com/display.aspx?id=34470&lib=law 12 The Rights Practice. “Criminal Law and Deprivation of Liberty in Xinjiang.” 31 August, 2021. https://www.rightspractice.org/news/criminal-law-and-deprivation-of-liberty-in-xinjiang 13 International Service for Human Rights, Safeguard Defenders, The Rights Practice and The 29 Principles. “Call on China to free defenders and #RepealRSDL”. 25 October 2021. https://ishr.ch/action/campaigns/call-on-china-to-freedefenders-and-repealrsdl/ 14 The Rights Practice. “Incommunicado Detention Must Go”. 24 August 2018. https://www.rightspractice.org/news/incommunicado-detention-must-go 15 United Nations Human Rights Office of the High Commissioner (OHCHR). “China: UN experts gravely concerned by enforced disappearance of three human rights defenders”. 23 March 2020. https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25735&LangID=E 16 Safeguard Defenders. “New graphic report takes reader into heart of China’s hidden RSDL prisons”. 21 June 2021. https://safeguarddefenders.com/en/blog/new-graphic-report-takes-reader-heart-china-s-hidden-rsdl-prisons 17 Ibid 18 Criminal Law of the People’s Republic of China. 2020. Chinese: http://xingfa.org/ Unofficial English translation, Law Info China: https://www.lawinfochina.com/display.aspx?id=34470&lib=law 19 The New York Times. “’Big Stick 306’ and China’s Contempt for the Law”. 5 May 2011. https://www.nytimes.com/2011/05/06/opinion/06fri3.html 20 Ibid 11 5