Questioning procedures in China are being revamped in new rules
that aim to protect the rights of people in custody.
From October 1, procedures will be standardized and guidelines
set for the management of detention rooms, said Ke Liangdong,
deputy director of the Statutory Bureau of the Ministry of Public
Security.
Targets will be set so the questioner is clear what he or she is
aiming to achieve from the questioning.
A law passed in February 1995 started off the process and has
already played a positive role in safeguarding security and
upholding the law, said Ke.
The recent moves have added to the existing law.
Reports of malpractice in the sector have fuelled some protests
among the public, said Ke, especially in cases where the police
have spent far too long questioning defendants.
"In extreme cases, detainees have committed suicide because of
negligence in the management of detention rooms and disregard for
basic human rights."
Under the new regulations, police will only be allowed to detain
suspects for 24 hours, or 48 hours in certain circumstances with
special approval.
Pregnant or breast-feeding women, juveniles (under 16) and
senior citizens (over 70) must not be subjected to more than four
hours' questioning, nor locked up. If makeshift detention rooms
have to be set up for the purpose of questioning, they must first
get approval by public security departments above city level, under
the new rules.
Police who break the new guidelines will be punished, Ke
said.
Any deaths in custody will be investigated for maltreatment and
negligence. Criminal prosecutions could follow.
Police authorities will also risk stiff penalties, the official
said.
The ministry will also put more regulations in place so that
relatives are kept informed about the welfare and condition of
those in custody. Extended detentions will not be allowed, Ke
said.
In recent years, the ministry has mounted a clean-up drive in
the law enforcement sector.
(China Daily August 21, 2004)