The Residential Surveillance at a Designated Location (RSDL, 指定居所监视居住 zhi3ding4 ju1suo3 jian1shi4 ju1zhu4) law is arguably one of the most feared laws in China. This law allows the police to detain a person, transport them to a secret location, of ten called a “black jail” and not inform the person’s relatives and legal representation. This is the law that China uses to “disappear” people.
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
Xie Yang, a Chinese Lawyer, tortured in Changsha, China, Jul 2015, is still in jail in the Changsha City Public Security No. 2 Detention Center. He has not been released.
Here I am, in Toronto, Canada, reading this translation about the torture of a Chinese lawyer, a human rights lawyer, Xie Yang 谢阳, in Changsha, China. I’m just not used to this kind of abuse on another human being. Yes, I’m soft. Under Canada’s legal system, torture in order to get a conviction would lead to the exclusion of all documents and evidence gained while under torture. This is just and fair. Evidence gained while using torture cannot be considered credible nor truthful. When someone fears for their life or the lives of their family and friends, they will admit to anything if pushed sufficiently hard. Truth is more important than just getting a conviction, as you may be convicting the wrong person.
