03/14/2012, 00.00
CHINA
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Indiscriminate arrests by law: Chinese police given free license

The disputed amendment introduced in August to China's Criminal Code, becomes law. It allows law enforcement officers to hold anyone up to 6 months, without court warrent. Fears of a worsening human rights situation in China.

Beijing (AsiaNews / Agencies) - Despite reformist pleas from Prime Minister Wen Jiabao, the  National People's Congress has turned into law the controversial and contested reform of the national criminal code that allows police to arrest and hold Chinese citizen in custody up to 6 months any, without court permission. Meanwhile, President Hu Jintao appeals to the army to "maintain social stability in China."

The amendment to the Criminal Code, in force since last August, has been passed into law making it permanent. Of the 2,856 delegates attending the NPC (the "Parliament" in China, which meets once a year and legislates proposals made by the Politburo), 2,639 voted in favor, 160 voted against while 57 abstained .

The practice of detention in China goes through 3 different stages: formal arrest, formal detention and "residential surveillance". The previous Criminal Code provided for the formal police detention only in cases of flagrant offense or danger to national security. With the new amendment, this requirement lapses and in fact the total power passes into the hands of public security officials.

Moreover, as pointed out by several activists the charge of "endangering national security" is very vague, and is used in general for indiscriminate arrests. In 2011, 3,833 dissidents were jailed. Of these, 159 were repeatedly tortured resulting in permanent damage. 86% of these arrests had no legal basis. The only positive note is that according to this new text, relatives of the arrested person must be informed within 24 hours.

However, the increase of social protests and legal action against these arrests are increasing from month to month and because of this, President Hu - who is also leader of the Central Military Commission - has appealed to the army on the sidelines of the NPC  to "keep social stability and loyalty to the Party. " Military force is the pillar of the Chinese one-party political system, so that the Secretary General of the Party is also president of the country and head of the armed forces.

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