Amnesty International’s recent report sheds light on the ongoing violations of civilian freedoms in China, specifically focusing on the legal mechanisms employed by Chinese courts. The report, titled “How Could This Verdict be ‘Legal’?”, reveals how ambiguous laws are being used to restrict freedoms of speech and association, leading to arbitrary arrests and violations of fair trial rights.
Over the past decade, the organization analyzed more than 100 official indictments and verdicts from 68 cases. Concerningly, every case reviewed was marked by violations of fair trial rights. Evidence was found of arbitrary detentions, accusations of torture, prolonged pre-trial detentions, and the imposition of “forced residential surveillance at a designated location” (RSDL), which Amnesty International equates to forced disappearance.
Sarah Brooks, Amnesty International’s China Director, emphasized the role of Chinese courts in repression. She called for the unconditional release of all those imprisoned for exercising their rights to freedom of expression, association, or assembly. Brooks stated that Chinese courts function more as tools of repression in politically sensitive cases than as instruments of justice.
The report indicates a trend of “rubber-stamping” convictions based on civilians’ views, words, and associations. A significant portion of those arrested are human rights activists, journalists, and lawyers, especially those engaging with external entities or voicing dissent. The ongoing clampdown on lawyers also undermines their essential role in safeguarding human rights.
Arrests and charges are reportedly made under vague provisions relating to national security and public order, including accusations of “subversion of state power”, “inciting subversion”, and “picking quarrels”. Furthermore, online expressions, such as sharing or engaging with human rights content, are also being targeted under these charges.
Trial-level violations further compound these issues, with trials often being closed to families and the media under the pretext of state secrets. Additional sentences, such as the “deprivation of political rights”, curb activists’ voices even after their release.
Under international law, fundamental rights such as a fair trial and freedoms of expression and association are protected by the International Covenant on Civil and Political Rights (ICCPR). This report not only highlights deviations from these protections but also calls for immediate reforms to uphold these fundamental rights in Chinese judicial processes.
Al Jazeera also reports on the broader implications of China’s recent legal crackdown, highlighting the erosion of legal standards and its impact on civil society movements across the nation.