Editor’s Note: In recent years, China’s public security organs have firmly implanted the idea of enforcing the law in the interests of the people and adhered to the principle of enforcing the law strictly, impartially and in a civilized manner and dealing flows at all kinds of criminal activities. They have achieved fruitful results in protecting the lawful rights and interests of the people and in safeguarding and protecting human rights. To know such achievements, our staff reporter interviewed Tian Qiyu, executive vice-minister of public security.

　　　　　
Tian Qiyu, Executive vice-minister of Public Security.

Q. The public security organs of China are shouldering the important mission of cracking down on crimes and protecting the people. Would you say something about how you go about your work and what you have achieved in recent years in safeguarding and protecting human rights?

A. The public security organs constitute an administrative power for maintaining law and order and law enforcement agencies concerning criminal activities. It shoulders the important mission of punishing crimes, protecting and serving the people, safeguarding state security and maintaining social stability. According to the provisions of the Police Law of the People’s Republic of China, the public security organ has the following functions and responsibilities: Prevent, stop and investigate into crimes; safeguard law and order and stop acts jeopardizing law and order; control traffic, fire, dangerous goods and special trades; guard given personnel as provided by the state, guard important sites and facilities, control guns and ammunition, edged tools and such dangerous goods as inflammables, explosibles, toxic matters and radioactive matters; control assembly, parades and demonstrations; control nationalities and household registration affairs, entry and exit, and residence and travel of foreigners in China; safeguard law and order in border areas; oversee and manage security and protection of computer information system; road safety and other administrative affairs; perform criminal punishments of convicted criminals sentenced to be subjecting to control, labor and deprivation of political rights and criminals serving prison terms outside prisons, and exercise supervision and assessment of criminals with suspended sentence and released on parole; direct and oversee law and order of government agencies, social groups, enterprises and key construction projects, direct the law and order and guard committee and other people’s law and order organizations in their work of maintaining law and order and preventing crimes. All the work is associated with the protection of human rights. In general, a public security organ safeguards and protects human rights mainly in the following major aspects: One is to actively prevent and severely crack down on law violating criminal activities, make full efforts to maintain law and order and protect the people’s rights and interests against infringement and ensure the people to live a peaceful life; the other is to strengthen and improve public security administrative management and provide quality service and maximum convenience for the production and life of the people and safeguard and ensure the immediate interests of the people.

In recent years, the public security organs in the whole country have adhered to the principle of “people’s police working in the interests of the people,” enforced laws strictly, impartially and in a civilized manner and have done a lot in safeguarding law and order, maintaining social stability and ensuring a peaceful life for the people. In 2004, the public security organs in the country put 4.718 million cases on file for investigation, 7.4% more than in 2003. The statistics show that the momentum of the big rise in criminal cases was curbed. The number of criminal cases in the second quarter of 2004 dropped by 7.7 percentage points from the first quarter and that in the third quarter dropped by 6.8 percentage points from the second quarter. Such drops are seen in 13 provinces, autonomous regions and municipalities. The number of criminal cases that seriously impair the sense of security all assumed a downward trend. Among them, the number of explosion cases dropped by 28.3%; the number of arson cases dropped by 12.9%; the number of rape cases dropped by 9.8%; the number of armed robbery cases dropped by 13.8%. In 2004, a large number of serious criminal cases were uncovered timely. In the whole year, the police in the country uncovered 2.468 million criminal cases, 5.4% more than in 2003, including 2.004 million cases that occurred in the very year, 8.8% more than in 2003. They also uncovered and handled 5.366 million cases of disrupting public order, 10.2% more than in 2003. In view of the seriousness of such cases as murder, explosion, poison, arson, rape, robbery and kidnapping, the police in the country launched special actions against homicide cases and in the whole year uncovered 29,000 cases of murder and death-related poison, arson, robbery, rape and kidnapping, with a detection rate of 88.2%. They also concentrated efforts on dealing with burglary, seizure and robbery to make the people feel more secure. Meanwhile, they unfolded a fight against economic crimes and straighten up market order in a bid to protect the immediate interests of the people. In the whole year, they detected 55,000 criminal cases that disrupted the socialist market, saving an economic loss of 10.58 billion yuan. At the same time, the public security organs in the whole country organized efforts to crack down on crimes on borders, especially illegal border crossings. The public security organs also launched other actions against drug trafficking, porn websites, stealing and damaging of power facilities, stealing of crude oil and sabotaging of oil transmission pipelines and illegal markets and disorder around schools of higher learning and illegal Internet bars.

According to the fourth sample survey about the people’s sense of security conducted by the State Statistical Bureau in 2004, 90.83% of the 100,000 respondents feel “secure” or “basically secure.” The police in all places also did a lot to serve the people and social and economic development. In 2004, Beijing, Tianjin, Shanghai, Zhejiang and Guangdong completed pilot project of the change-over to the second generation of ID cards, effectively stimulated the reasonable and orderly movement of the population. All large and medium-sized cities have introduced the system of applying for passports according to needs and the “green card” system, making it easier for the normal exchange between Chinese and foreign nationals. The momentum of growth in traffic and fire accidents was put under effective control. The people felt more secure about their life and property.

　　　　　
Helping the people.

Q. It is necessary to have corresponding legal system to safeguard and protect human rights. What the public security organs have done to protect the rights and interests of the people, such as in legal system construction and in standardizing and law enforcement procedures?

A. China basically has a complete legal system, with the Constitution at the core. The enforcement of criminal law and administrative laws has been institutionalized, standardized and according to established procedures. The country’s Constitution and the criminal procedures law clearly stipulate that law enforcement agencies must base themselves on facts and make law the yardstick and protect the lawful rights and interests of the citizens against infringements and ensure innocent people free from being investigated. The Criminal Procedural Law clearly stipulates all the rights of parties involved in litigation and such systems as withdrawal, defense and proxy. It provides for the strict conditions for adopting coercive measures against suspects, procedures and time limit at the stage of investigation. It also provides that public security organs must gather evidence according to the procedures and requirements provided by law and strictly forbids the use of illegal means to obtain evidence. In enforcing administrative laws, the Administrative Punishment Law provides that, in carrying out administrative punishments of citizens, corporate persons or other organizations, the legal conditions and procedures must be strictly followed and administrative punishments are invalid without legal basis or without going through legal procedures.

For years, the public security organs have done a lot of work to protect the lawful rights and interests of citizens and suspects institutionally and procedurally. On the one hand, the police have improved the law enforcement systems, standardized their behavior of law enforcement and strictly tightened the law enforcement procedures to reduce or stamp out arbitrariness. In recent years, in compliance with the Criminal Procedural Law and the administrative punishment law, the police organizations have formulated regulations on the procedures concerning the handling of criminal cases, regulations on the handling of administrative cases and the regulations on the procedures for handling administrative review cases. The 2003 August regulations on the procedures for handling administrative cases provide that the public security organs must follow legal procedures, gather evidence that can substantiate to the law violation acts of suspects and to the seriousness of the cases, strictly forbids torture and extortion of confession and the gathering of evidence by threat, inducement, deception or other illicit means. Evidence obtained by illegal means cannot serve as the basis for judgment. The document also provides for the respect of personality of the parties concerned and it is forbidden to carry out checks in a way that harms the dignity of the people concerned. The Ministry of Public Security and its agencies in all places are required to formulate a series of specific operational procedures and write them down in a standard document according to related laws, regulations and rules. For instance, the Ministry of Public Security, the Supreme People’s Court and the Supreme People’s Procuratorate issued a joint circular, demanding for the performance of their duties strictly according to law and really ensuring the quality of the handling of criminal cases. The police in all parts of the country have also formulated their own operational procedures for handling economic cases and other specific provisions on preventing arbitrariness that would lead to violation of human rights.

Second, in view of the prominent problems in enforcing the law, the public security organs have pushed the institutional building concerning law enforcement in a planned way and step by step. In June 2004, the Ministry of Public Security issued a work schedule for quickening the pace of institutional building concerning law enforcement by police centering on major problems. The Regulations on the Application of Continued Interrogation was already issued on July 12, 2004 and began to be implemented on October 1, 2004. Other related regulations are being studied and formulated. The regulations on the application of continued interrogation have defined the objects, conditions and time limit applicable and clarified the terms of reference concerning examination and approval and strengthened the internal supervision and checks and balances. They also specified the terms of reference, standards and management rules in opening interrogation rooms. All these have embodied the purpose and spirit of tightening the procedures of law enforcement and ensuring the lawful rights and interests of citizens.

The third is to regularly take stock of laws, regulations and standard documents to keep up with the requirements of the development of situation. In September-December 2003, the Ministry of Public Security organized all public security organs in the country to take stock of all the laws, regulations and standard documents issued since the founding of New China to see which should be retained, which should be rejected and which should be abrogated. The Ministry of Public Security has decided to set up a regular system to review these laws, regulations and documents and terminate the use of such documents that do not meet the requirements of law enforcement so as to safeguard the lawful rights and interests of citizens institutionally.

　　　　　
National Work Conference in the Public Security System on Fighting Corruption and Promoting Clean Government.

Q. The public security organs and police have a big power and their law enforcement activities directly involve the property rights, the rights of freedom and even rights to live. Some people say that it would inevitably lead to corruption without supervision. How do the public security organs supervise the law enforcement activities by police?

A. The public security organs have always adhered to the principle of managing the police force strictly. Through years of hard efforts, we have already set up a sound supervision system with clear definition of powers and responsibilities and effective checks and balances.

One is the external supervision system. Public security organs at all levels are subject to the supervision by people’s congresses and their standing committees at all levels, procuratorate organs and administrative supervision organs. The Criminal Procedure Law provides that people’s procuratorate is a supervisory organ to exercise the power of supervising over the detection by public security organs. Where a people's pocuratorate considers that a case should be filed for investigation by a public security organ but the latter has not done so, or where a victim considers that a case should be filed for investigation by a public security organ but the latter has not done so and the victim has brought the matter to a people's procuratorate, the people's procuratorate shall request the public security organ to state the reasons for not filing the case. If the people's procuratorate considers that the reasons for not filing the case given by the public security organ are untenable, it shall notify the public security organ to file the case, and upon receiving the notification, the public security organ shall file the case. Public security organs shall apply with the people’s procuratorate for permission to arrest suspects and it is up to the people’s procuratorate to decide on the arrest. At the same time, public security organs must accept supervision by parties concerned to cases and all quarters of the society. The Constitution and the Criminal Procedural Law both provide that citizens may exercise supervision over the law enforcement activities by public security organs and enjoy such rights of appeal, prosecution and reporting. The Administrative Procedural Law also provides that citizens may take administrative action against public security organs and police for violating lawful rights and interests in the course of enforcing the law. If public security organs and police violate the law and infringe upon the legal rights and interests of citizens, corporate persons or other organizations, victims may claim for compensation according to the State Compensation Law. To further intensify external supervision, public security organs at all levels have in recent years invited special supervisors to exercise their powers to oversee how the police perform their duties and whether they abide by disciplines and accept reports and accusations by the people against public security organs and police that have violated the laws and disciplines.

The second is to improve the internal supervision system. Public security organs all have set up disciplinary inspection, supervision, audit and law departments and formulated rules concerning internal oversight, the fixing of responsibilities on faults and assessment system on the quality of law enforcement. In addition, public security organs at all levels have intensified education of policemen and uncover their law violating acts and exercise supervision both before and after handling a case. They have also carried out regular and irregular assessment of the performances of law enforcement, especially in areas that concerned the rights of person of citizens. In 2004, police supervision departments carried out 370,000 times of on-the-spot supervision and accepted 104,000 accusations from the people and discovered and corrected 97,000 cases of irregularities. Once problems are discovered, there would be no leniency and if a case is serious enough to constitute a crime, criminal responsibilities would be affixed. In August 2004, the Ministry of Public Security issued a document, demanding improvements in the supervision mechanisms of public security organs, thus raising higher demand.

The third is to carry out precautionary education to cultivate consciousness of human rights among policemen in enforcing the laws. In recent years, public security organizations have carried out a series of activities, including talks about building a clean government, precautionary talks and issuing circulars about typical cases to encourage the police to perform their duties strictly according to law, respect and ensure human rights. They have also shot video strips on the use of guns and corruption cases and show them among policemen and public security organs. More than 96% of the police have viewed the videos.

Q. We have noticed that public security organs have intensified the correction of extorting confession by torture, overdue detention and other unlawful acts that infringe upon the lawful rights and interests of people under detention. Could you recall some of the events?

A. The Ministry of Public Security has always set great store by the problem of extorting confession by torture. In recent years, all public security organs have devoted great efforts to correct the problem. Since 1997, public security organs in the country have for seven consecutive years carried out rectification concerning extorting confession by torture, abuse of guns and other police weapons and misuse of coercive measures. Thanks to the unremitting efforts, the number of cases of torture dropped by 73.3% as compared with 1997, the number of cases involving abuse of guns and other police weapons dropped by 72.9% and the number of cases involving misuse of coercive measures dropped by 40%. Such cases in 2004 also dropped as compared with 2003. The cases of serious violations of laws and disciplines have been brought under effective control. In 2003, the public security organs concentrated efforts on correcting cases of overdue detention. By the end of the year, all the cases were cleared. To prevent recurrence of such cases, public security organs have established a responsibility system, case handling quality assessment system and the system of retrospective fixing of responsibilities on people directly responsible and on leaders and those leaders involved in law violating cases are required to resign as well as report system on urging the handling of cases before the prescribed detention period. In November 2003, the Ministry of Public Security, the Supreme People’s Court and the Supreme People’s Procuratorate issued a joint circular on strictly following the Criminal Procedural Law to correct overdue detention cases to bring the correction and prevention of overdue detention onto the path of standardization and institutionalization. At present, the Ministry of Public Security is studying and formulating specific provisions concerning the prevention and correction of overdue detention in order to prevent the problem from rebounding.

　　　　　
Tug-of-war in a detention center.

Q. Public security organs have in recent years adopted a series of measures in the interests of people. Could you say something about it?

A. The public security organs have adopted a number of measures for the convenience of the people with regard to administrative management, especially the 30 measures adopted in August 2003. They covered four major aspects: household registration, traffic, entry and exit and fire-fighting. These measures are concentrated expressions of the idea of putting people first and respecting and ensuring human rights. For instance, we have provided that the registration of household for the new born is subject to voluntary choice by their parents; we have waived the provision of canceling household registration for people who stay abroad for at least one year and for those who serve prison terms; we have extended the age limit of car license holders from 60 to 70; people with left leg handicapped are allowed to obtain driving licenses; people are allowed to apply for passports by the strength of ID cards and household registration and in some places people may apply for pass to Hong Kong and Macao by the strength of ID cards and household registration books; foreign students would no longer have to go through the procedures of extending the period of time of stay in China if the time limit for their stay is the same as that for studying in China. Some of the convenience measures have been codified in law. On August 15, 2004, the Ministry of Public Security and the Ministry of Foreign Affairs jointly issued regulations concerning the approval of foreigner’s permanent residence in China, which has provided more conveniences for foreign investors and workers in their entry and exit. The Ministry of Public Security has cancelled 69 administrative approval items and changed 37 other administrative approval items into administrative permit.

In the future, the public security organs will continue to renew their ideas and raise the level of management and services. While implementing the existing commitments, they would produce more convenience measures to meet the demand of the development of the socialist market economy and the people.

Q. How do public security organs protect the lawful rights and interests of such disadvantaged groups as women, children and old people?

A. Our public security organs have always attached much importance to the protection of the lawful rights and interests of disadvantaged groups and have adopted measures to effectively prevent and stop acts that infringe upon their rights.

First of all, we have severely dealt blows at crimes of kidnapping women and children and made full efforts to relieve those kidnapped. In recent years, the public security organs have intensified crackdowns on such crimes. Incomplete statistics show that since the beginning of 2001, the public security organs have uncovered 23,000 kidnapping cases, netting 26,000 suspects and setting free 50,000 women and children. By strengthening international judicial and police cooperation, the public security organs have rescued a number of Chinese women kidnapped abroad and foreign women sold into China. The Ministry of Public Security, in cooperation with UNICEF, carried out international cooperation against kidnapping and violence against women and children. It also cooperated with Save the Children from Britain, the Australian State Development Program and the Mekong River Basin Law Center. For those women and children rescued, the public security organs have adopted measures to help them recover psychologically and physiologically.

The second is to adopt special measures to treat special women suspects for the sake of protecting their lawful rights. The Criminal Procedural Law provides that in the case of a suspect or accused who should be arrested but who is a women in pregnancy or nursing of her own baby, the measures of allowing the person to obtain a guarantor and await trial out of custody or to live at home under surveillance may be adopted. Article 131 of the Administrative Case Procedure provides that a woman who is pregnant or nursing her child less than one year old shall be free from the punishment of administrative detention. Article 182 of the same regulation provides that for foreigners who enter or reside in the country illegally and who have valid ID certificates would be repatriated directly after the cases are properly handled; those who do not have clear ID may be detained pending investigation. But if the person subject to detention is a woman who is pregnant or nursing her own child under one or who is suffering from serious illness or other people who are not suitable for detention shall be put under surveillance.

The third is to protect and help juvenile delinquents. We have special procedures and standards for treating under-aged criminal cases. In handling such cases, the police are required to strictly control or reduce as much as possible the use of coercive measures. In interrogating under-aged suspects, the police are required to adopt measures different from those applicable to adults and notify their parents, guardians or teachers to be present. Public security organs have strengthened cooperation with grassroots sub-police stations and related departments and seek the backing of residents (village) committees and schools to establish four-in-one corrections groups made up of social workers, schools, family and police to help youngsters with bad records to foster the correct world outlook, the correct outlook toward life and values and help them in living so that they would become normal members of the society again. Public security organs have adopted effective measures to prevent young people from drug abuse. In 2003, the state earmarked more than 5 million yuan for use to carry out drug abuse prevention in middle and primary schools. Drug fighting departments at all levels have joined hands with communist youth league organizations in launching “away from drugs” publicity week and cooperated with women’s federations in launching activities “keep drugs away from home.”

The fourth is to pay high attention to the protection of the lawful rights and interests of old people. Public security organs have launched in-depth education and publicity activities to safeguard the lawful rights and interests of old people, mediate disputes over the support of the aged and crack down on law violating activities that jeopardize the lawful rights and interests of old people. They have also worked out policies and measures to make things easier for them. The Ministry of Public Security has regulations, requiring patrol police to pay attention to rescue and help old people and provide door-to-door service to help old people who live alone.

　　　　　
News briefing given by the Ministry of Public Security on the adoption of 30 convenience measures.

Q. Could you say something about international exchange and cooperation in promoting human rights development?

A. Human rights protection is one of the major contents of international cooperation and exchange. In recent years, the Ministry of Public Security has kept good relations of cooperation with UN High Commissioner’s Office for Human Rights (UNHCOHR) and the UN Working Group on Arbitrary Detention and other international organizations. In 2000, the Ministry of Public Security, in cooperation with the Ministry of Foreign Affairs and the UNHCOHR, held an international forum on “Human Rights and Police.” In January 2002 and March 2003, the Ministry of Public Security and the UNHCOHR held consultations in Geneva and Beijing on “human rights and police” cooperation projects. In November 20-December 13, 2003, the Ministry of Public Security sent a delegation to Britain on a “human rights and police” study tour. In September 2004, the UN Working Group on Arbitrary Detention paid a 13-day visit to China and the two sides exchanged views on human rights protection in China and human rights protection and legal construction by public security organs. The group visited detention centers in Beijing, Chengdu and Lhasa and sub-police stations in Chengdu and had private conversations with a number of detainees. The working group spoke highly of the openness and attention to the protection of women’s rights and the way of handling delinquents. Besides, the Ministry of Public Security has carried out exchange and cooperation with many countries and regions on human rights. For instance, China and Australia have carried out specific exchange and cooperation within the framework of human rights technical cooperation between the two governments. At the same time, the Ministry also participated in human rights dialogues with the United States, Canada, the UK and Europe, thus enhancing mutual understanding in the protection of human rights.