RSDL has been used on numerous foreigners in China, where they have disappeared for 6 months or longer. RSDL has been used against human rights lawyers, as well as Ai Weiwei 艾未未, an artist. Let’s dive into China’s Criminal Procedure Law and see what the law actually says. Links to original Chinese documents as well as Google translations are provided. Here is some commentary and case studies
In summary, RSDL is the outcome of a criminal justice system which has tolerated, and indeed sanctioned, the use of informal places of detention. While the 2012 CPL places some restrictions on the situations in which residential surveillance in a designated location can be used, it has also helped to formalise the emergence of a dual track system in which certain categories of persons can be treated distinctly and with fewer human rights protections. All persons facing allegations of endangering national security, terrorist activities or major bribery face the risk of six months incommunicado detention under RSDL.
The legal justification for RSDL is to bypass detention time limits or to facilitate an investigation (CPL Article 72). In the current context in China, however, such investigations are generally not independent, and focus on charges which are often politically motivated. In addition to this problematic justification, detention in the form of RSDL inherently places detainees at high risk of torture and CID, and can lead to violations of other, related rights.
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中华人民共和国刑事诉讼法
（1979年7月1日第五届全国人民代表大会第二次会议通过 |
Criminal Procedure Law of the People’s Republic of China
(Adopted at the Second Session of the Fifth National People’s Congress on July 1, 1979 According to the second amendment of the “Decision on Amending the Criminal Procedure Law of the People’s Republic of China” at the Fifth Session of the Eleventh National People’s Congress on March 14, 2012) |
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第七十二条 人民法院、人民检察院和公安机关对符合逮捕条件，有下列情形之一的犯罪嫌疑人、被告人，可以监视居住： （一）患有严重疾病、生活不能自理的； （二）怀孕或者正在哺乳自己婴儿的妇女； （三）系生活不能自理的人的唯一扶养人； （四）因为案件的特殊情况或者办理案件的需要，采取监视居住措施更为适宜的； （五）羁押期限届满，案件尚未办结，需要采取监视居住措施的。 对符合取保候审条件，但犯罪嫌疑人、被告人不能提出保证人，也不交纳保证金的，可以监视居住。 监视居住由公安机关执行。 |
Article 72: People’s courts, people’s procuratorates, and public security organs may conduct residential surveillance on criminal suspects or defendants who meet the conditions for arrest and have one of the following circumstances: (1) Suffering from a serious illness and unable to take care of themselves; (2) Women who are pregnant or breastfeeding their own babies; (3) It is the sole supporter of people who cannot take care of themselves; (4) Because of the special circumstances of the case or the need to handle the case, it is more appropriate to adopt residential surveillance measures; (5) When the detention period expires and the case has not been settled, residential surveillance measures need to be taken. Those who meet the conditions for bail pending trial, but the criminal suspect or defendant cannot provide a guarantor or pay a deposit, may be under residential surveillance. Residential surveillance is implemented by the public security organs. |
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第七十三条 监视居住应当在犯罪嫌疑人、被告人的住处执行；无固定住处的，可以在指定的居所执行。对于涉嫌危害国家安全犯罪、恐怖活动犯罪、特别重大贿赂犯罪，在住处执行可能有碍侦查的，经上一级人民检察院或者公安机关批准，也可以在指定的居所执行。但是，不得在羁押场所、专门的办案场所执行。
指定居所监视居住的，除无法通知的以外，应当在执行监视居住后二十四小时以内，通知被监视居住人的家属。 被监视居住的犯罪嫌疑人、被告人委托辩护人，适用本法第三十三条的规定。 人民检察院对指定居所监视居住的决定和执行是否合法实行监督。 |
Article 73 Residential surveillance shall be executed in the residence of the criminal suspect or defendant; if there is no fixed residence, it may be executed in the designated residence. For suspected crimes of endangering national security, terrorist activities, or particularly serious bribery crimes, where execution in the residence may hinder investigation, the execution may also be carried out in a designated residence with the approval of the higher-level People’s Procuratorate or the public security organ. However, it shall not be executed in a prison or a special case-handling place.
In the case of residential surveillance in a designated place, except for those unable to notify, the family members of the person under residential surveillance shall be notified within 24 hours after the implementation of residential surveillance. For criminal suspects and defendants under residential surveillance to entrust a defender, the provisions of Article 33 of this Law shall apply. The People’s Procuratorate shall supervise whether the decision and implementation of residential surveillance in designated residences are legal. |
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第七十四条 指定居所监视居住的期限应当折抵刑期。被判处管制的，监视居住一日折抵刑期一日；被判处拘役、有期徒刑的，监视居住二日折抵刑期一日。
第七十五条 被监视居住的犯罪嫌疑人、被告人应当遵守以下规定： （一）未经执行机关批准不得离开执行监视居住的处所； （二）未经执行机关批准不得会见他人或者通信； （三）在传讯的时候及时到案； （四）不得以任何形式干扰证人作证； （五）不得毁灭、伪造证据或者串供； （六）将护照等出入境证件、身份证件、驾驶证件交执行机关保存。 被监视居住的犯罪嫌疑人、被告人违反前款规定，情节严重的，可以予以逮捕；需要予以逮捕的，可以对犯罪嫌疑人、被告人先行拘留。 |
Article 74 The period of residential surveillance in a designated residence shall be offset against the term of sentence. For those sentenced to control, one day of residential surveillance is equal to one day of sentence; for those sentenced to criminal detention or fixed-term imprisonment, two days of residential surveillance is equal to one day of sentence.
Article 75 Criminal suspects and defendants under residential surveillance shall abide by the following provisions: (1) Not to leave the premises under residential surveillance without the approval of the executing agency; (2) Not to meet with others or communicate without the approval of the executing agency; (3) Arrive at the case in time during the subpoena; (4) Not to interfere with the witness’s testimony in any form; (5) Not to destroy or forge evidence or collude with confessions; (6) Submit passports and other entry-exit documents, identity documents, and driving licenses to the enforcement agency for preservation. Criminal suspects or defendants under residential surveillance who violate the provisions of the preceding paragraph and the circumstances are serious may be arrested; if arrests are needed, criminal suspects or defendants may be detained first. |
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第七十六条 执行机关对被监视居住的犯罪嫌疑人、被告人，可以采取电子监控、不定期检查等监视方法对其遵守监视居住规定的情况进行监督；在侦查期间，可以对被监视居住的犯罪嫌疑人的通信进行监控。
第七十七条 人民法院、人民检察院和公安机关对犯罪嫌疑人、被告人取保候审最长不得超过十二个月，监视居住最长不得超过六个月。 在取保候审、监视居住期间，不得中断对案件的侦查、起诉和审理。对于发现不应当追究刑事责任或者取保候审、监视居住期限届满的，应当及时解除取保候审、监视居住。解除取保候审、监视居住，应当及时通知被取保候审、监视居住人和有关单位。 |
Article 76: Enforcement agencies may use electronic monitoring, irregular inspections and other surveillance methods for criminal suspects and defendants under residential surveillance to supervise their compliance with the provisions on residential surveillance; during the investigation, they may monitor residential surveillance. The communications of the suspects are monitored.
Article 77 The people’s court, the people’s procuratorate, and the public security organs shall not release criminal suspects or defendants on bail pending trial for a maximum of 12 months, and residential surveillance shall not exceed six months. The investigation, prosecution and trial of the case shall not be interrupted during the period of release on bail pending trial and residential surveillance. If it is discovered that criminal responsibility should not be pursued or the period of release on guarantee pending trial or residential surveillance expires, the release on security pending trial or residential surveillance shall be lifted in time. The person who is released on guarantee pending trial or residential surveillance shall be notified in a timely manner and related units. |
This document is an English translation of the oversight of RSDL, Provisions on People’s Procuratorates’ Oversight of Residential Surveillance in a Designated Location , but did not find it very helpful in defining the law. Here’s a version of the original Chinese, though I don’t recognize the source.
China stepping up use of secret detention without trial, report warns
China has ramped up its use of secret detention without trial, creating one of the most far-ranging systems of forced disappearance in the world, human rights activists warn in a report.
Tens of thousands of people have been subjected to “residential surveillance at a designated location” (RSDL), an anodyne, bureaucratic name for an Orwellian system…
The RSDL system allows security forces to hold people for months without charges or trial, which Safeguard Defenders described as “state-sanctioned kidnappings”.
Detained over time chartThe detained person’s family is meant to be notified that they have been taken into custody, but police “routinely bypass” this requirement and there is little contact with relatives or legal teams. “It is almost unheard of for police to permit lawyer access … or allow contact with family,” the researchers said.