Lawyer Qin Yongpei appeared weary and aged due to the mistreatment he faced in detention, making him unrecognizable even to his wife and daughter. The photo on the left shows Qin before his arrest. (Dajiyuan)
[People News] Over 500,000 individuals spend lengthy periods awaiting trial in detention centers across China each year. These individuals are spread across more than 2,600 detention facilities nationwide, with an average detention duration of up to six months, and some political cases lasting several years. A survey report released this week highlights the plight of this group with alarming statistics: 76% have experienced violence, 73% have been denied access to legal counsel, and 24% have spent months or even years in detention with little to no time spent outdoors.
As reported by Voice of America, the Spain-based human rights organization Safeguard Defenders published a report titled "Behind Iron Bars: Investigation into Conditions in Chinese Detention Centers" on June 16. This report surveyed 84 Chinese citizens and foreign nationals who had been detained, covering 19 provinces or municipalities in China and at least 58 locations. The findings indicate that the abuse and harsh conditions highlighted in the survey are not isolated incidents but rather systemic and widespread issues.
"This report seeks to address a significant information gap that exists," stated Laura Harth, the China Affairs Director of Safeguard Defenders, during an interview with Voice of America (VOA). "Since Xi Jinping took office, much information that was previously publicly available has been removed and classified as state secrets. Despite the ongoing deterioration of human rights conditions, the information we have is becoming increasingly limited."
Voice of America reached out to the Chinese Embassy in the United States for comments on the report's findings, but had not received a response by the time of publication.
73%: Lawyers as the First Barrier
For many detainees, the first link to the outside world—lawyers—often gets cut off before they even enter the detention center. The report indicates that 73% of respondents reported being prevented from meeting with a lawyer.
The methods of obstruction are diverse. The report details instances where police registered detainee information under false names, making it impossible for lawyers to track down their clients; there are also cases where police exerted pressure on detainees to dismiss their independently appointed lawyers in favor of court-appointed lawyers who follow the authorities' directives. Even when lawyers are eventually granted access, significant barriers remain—detainees are often restrained in interrogation chairs and unable to move freely, or separated by iron bars, making it difficult for lawyers to ensure their clients can clearly review case documents.
"The difficulty of lawyer meetings is a longstanding issue in criminal defense in China," said Teng Biao, a scholar with extensive research on human rights and criminal justice in China, and a visiting professor at the City University of New York School of Law, in an interview with Voice of America. "There has been some improvement following certain reforms compared to the situation before the 1990s, but serious issues persist. This is especially true in sensitive cases, human rights cases, or politically charged cases, where obstruction is even more pronounced."
Teng Biao emphasized that the obstruction of lawyer meetings has a fundamental impact on effective defense: "If lawyers cannot meet with their clients promptly, they cannot protect their procedural rights at the earliest opportunity, which significantly undermines their ability to mount an effective defense in court."
The report titled 'Behind the Iron Window' highlights that while preventing lawyers from meeting their clients may align with current Chinese law in certain situations, such practices are challenging to defend under international law. According to relevant United Nations human rights standards, the right to legal assistance should not have any exceptions. The report indicates that Chinese law permits authorities to completely deny individuals their right to meet with lawyers in cases related to 'national security', which directly conflicts with international norms.
One interviewee mentioned that during the initial months of detention, they were entirely prohibited from meeting with a lawyer; another interviewee noted that their lawyer was consistently denied access to critical evidence during the trial.
76%: Violence from Three Sources
The violence documented in the report originates from three distinct categories of perpetrators within detention facilities: police and interrogators, correctional staff, and inmates referred to as 'prison heads' or 'jail tyrants'. The investigation reveals that 76% of respondents reported experiencing violence from at least one of these three groups.
One interviewee recounted their treatment during police interrogation: 'They placed a hood over my head, burned my legs with a lit cigarette, and struck my waist during the interrogation.' Another interviewee reflected on their experience of being force-fed during a hunger strike, stating that they were 'tied down in a big-character style on the board', subjected to 'brutal feeding', and that interrogators 'forced open my mouth and inserted a plastic tube', which led to 'two front teeth being knocked out by the mouth opener.'
Simultaneously, 76% of respondents reported having shared a cell with a 'prison head bully.' Teng Biao noted that the presence of these bullies is not a spontaneous occurrence among inmates; rather, it often receives tacit approval or even active facilitation from the detention center authorities. 'In a system like China's, it is quite unlikely to become a prison head bully without the tacit approval or direct arrangement from the detention center leadership.'
He elaborated that the existence of prison head bullies is closely tied to the detention center's auxiliary investigative functions: 'Detention centers employ prison head bullies to gather useful intelligence and clues for investigations. The so-called 'special personnel,' commonly referred to as 'ears and eyes,' are also inmates, but they provide intelligence to the public security agencies.'
Laura highlighted that this issue reflects the structural deficiencies in how the Chinese Communist Party's public security agencies manage detention centers. She mentioned that this topic frequently arises during investigative interviews with protective officers. Prison head bullies are informally empowered to control other detainees, maintaining a so-called 'discipline' through intimidation and physical violence. 'Clearly, this system not only severely violates laws and legal standards, but once these individuals are granted excessive power—if not any power—it can easily lead to abuses of authority.'
The report points out that the phenomenon of prison head bullies is not a new issue. As early as 2009, an inmate in Yunnan Province was beaten to death by a prison head bully, prompting authorities to promise legislative reforms. However, 15 years later, this issue remains widespread.
60% and 64%: Overcrowded cells, absent doctors.
The conditions of detention are equally alarming. According to the report, 60% of respondents reported severe overcrowding in their cells, with some individuals even forced to sleep on the floor. Additionally, 64% of respondents indicated that they had experienced inadequate or completely absent medical care.
One respondent, who suffers from cancer and hypertension, wrote: "The medication provided by outside hospitals is not available in the cell; it requires approval from the authorities, which can take two to three months. It is fortunate if one does not die."
Laura pointed out that, in terms of the overall ratio of detainees to the prison population, China has one of the highest per capita incarceration rates in the world, making overcrowding a long-standing structural issue that is difficult to address. The report also highlighted that respondents generally reported poor food quality, strict limitations on the right to take hot showers, and even complete deprivation of such rights, along with unsatisfactory sanitary conditions in the facilities.
Teng Biao provided a more significant comparison: in China, the living conditions and treatment in prisons for convicted individuals are often better than those in detention centers for pre-trial detainees. "This is absurd. Prisons house those who have been convicted, while most individuals in detention centers should legally be considered innocent. Yet, their rights to meet with lawyers and family members are more severely restricted than those of individuals in prisons."
24%: The sky has become a luxury.
The United Nations 'Nelson Mandela Rules'—also known as the 'United Nations Standard Minimum Rules for the Treatment of Prisoners'—clearly state that all detainees should have at least one hour of outdoor activity each day. Reports show that 24% of respondents indicated that during their months or even years of detention, they had never or hardly ever received outdoor activity time.
'A total of over 1,300 days in detention, with outdoor activity time not exceeding two hours,' wrote one respondent.
The report further clarifies that what Chinese detention centers refer to as 'outdoor' is typically a covered, enclosed space, which is far from a genuine outdoor environment, with fresh air and visibility severely limited.
Root Cause of the System: The Investigator is also the Detainer
The report identifies a structural arrangement as the root of these issues: Chinese detention centers are managed by public security agencies, which also handle arrest and interrogation functions. This 'combined investigation and detention' model creates a conflict of interest within the system.
'It's a closed loop,' Laura explained to Voice of America. 'Your investigator is your detainer, and there is no real oversight. This investigator-detainer has a strong motivation to torture you, abuse you, or harm you in other ways. So, this is a significant loophole.'
Laura also noted that the Chinese Communist Party itself admits that the vast majority of its criminal convictions rely on confessions. With a conviction rate as high as 99.999% in China, this figure reflects the underlying logic of the entire system.
Teng Biao analyzed the underlying reasons for this issue from a legal structural perspective: 'The power of public security exceeds that of the courts. According to evidence rules, any evidence obtained through torture should be excluded; however, in practice, it is extremely rare for courts to dismiss illegal evidence. Judges largely have to heed the public security personnel, which is quite absurd and is the fundamental reason why torture remains rampant in China. Relying on a movement-style approach to address this will not resolve the core issue.'
The primary supervisory mechanism currently in place is the stationed prosecutor system, but the report describes it as 'merely a formality': the procuratorial authorities lack independence and the power to impose penalties, leaving detainees with virtually no viable avenues for redress.
Legally, China still lacks a 'Prison Law'; the operation of detention centers is governed by outdated regulations established in 1990—these regulations even label those who have not been tried as 'criminals,' which directly contravenes the principle of presumption of innocence. Teng Biao argues that even if a 'Prison Law' were to be enacted, it would not necessarily address the fundamental issues. 'The crux of the matter is not the difference between the Prison Law and the regulations governing detention centers. The real issue is that China lacks an independent judicial system and does not have the essential framework of separation of powers among the legislative, executive, and judicial branches.'
He suggested that the minimum requirement for reform is to transfer the management authority of detention centers from public security to judicial administrative bodies, stating, "This would at least establish a basic system of checks and balances." However, he stressed that this is far from sufficient, asserting that "more fundamental judicial reforms are necessary, which require the separation of powers to ensure the judiciary is truly independent, and to allow the public and media to effectively oversee the exercise of power by public security and prosecutorial agencies. This touches on the need for political reforms—this is also why these issues have remained unresolved for so long."
Warnings to Governments
The report advises that governments worldwide should take the aforementioned investigation findings into account when negotiating extradition agreements or security cooperation arrangements with Beijing.
During the interview, Laura specifically referenced the principle of non-refoulement in international law. "(This principle) means that you cannot return an individual to a country where they face a genuine risk of torture or other inhumane treatment. This principle applies to all countries and is included in international treaties ratified by most nations. Even if a country has not ratified a specific international treaty, it is still obligated to adhere to this principle."
She noted that the European Court of Human Rights and the United Nations Committee Against Torture have frequently cited this principle in recent years, urging a stop to the deportation of certain individuals to China. "Revisiting this report confirms that this is not a hypothetical risk."
Lao La (Lao La) revealed that Beijing had made attempts to block the public release of this report. During the launch event in Lisbon, the Chinese embassy in Portugal exerted pressure on the event organizers to cancel the gathering; an X account, likely linked to Beijing, intentionally misrepresented the date, time, and location details when sharing the event announcement.
"They are very sensitive about this report because they have been trying to extradite individuals," she stated. "They have been working to persuade governments worldwide to enhance police and judicial cooperation. I believe this is why they do not want to see this report, nor do they want to see other similar reports."
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