In response to the growing number of foreigners arbitrarily detained by the Chinese Communist Party, the international human rights organization “Guardians of Freedom” recently released a trilingual guide in Chinese, English, and Japanese to assist overseas individuals in safeguarding the legal rights of their family members in China. At the same time, it sheds light on the severe judicial abuse by the Chinese Communist Party.
On February 25, the human rights organization “Guardians of Freedom Foundation” released a guide titled “Disappeared in China: A Guide on Dealing with the Arbitrary Detention of Family Members in China.” The Chinese version of the guide spans 65 pages and incorporates firsthand experiences from victims, lawyers, and human rights organizations who have been illegally detained in China.
The guide states, “The situation of foreigners being arrested for political reasons in the People’s Republic of China is becoming increasingly common. Faced with the country’s opaque judicial system, the relatives of those arrested often feel helpless. This guide is specifically written for them.”
The guide specifically mentions cases such as the “Two Michaels” from Canada (Michael Kovrig and Michael Spavor), Australian citizens Yang Hengjun and Cheng Lei, British citizen Ian Stones, Taiwanese citizens Lee Ming-che and Lee Meng-ju, Japanese citizens Jotaro Iwata and Eiji Suzuki, as well as Hong Kong resident Simon Cheng.
The introduction of the guide points out that since Xi Jinping took office in 2012, China has not only gradually closed its doors to foreigners but has also increasingly “brazenly detained foreigners for political reasons,” including cases of hostage diplomacy to “pressure or punish foreign governments.” These types of arrests have also been included in China’s increasingly emphasized national security framework, particularly with the amendments to the “Anti-Spy Law” in July 2023 and the “Protecting National Secrets Law” in May 2024, leading to a rising number of foreigners detained by the Communist China on espionage charges.
In theory, activities such as taking photos in public places, posting content on social media platforms outside of China, accessing or collecting economic data, chatting with friends, or participating in unofficially recognized religious activities can be considered criminal offenses.
The guide points out that for the individuals involved and their families, China’s “mysterious law enforcement system is particularly difficult to deal with,” primarily due to several reasons. Firstly, China often violates its consular obligations by not promptly providing information about detained citizens to foreign governments and restricting visitation rights. Secondly, requests by defense lawyers to meet with the detainees are often denied, and they may face threats and surveillance, hindering their ability to provide effective legal assistance. Thirdly, individuals detained on national security charges are often held in solitary confinement in secretive black sites called “designated residence surveillance,” which can last up to 6 months, with trials held in secret under the pretext of national security. Finally, China’s judicial system lacks due process, and once the victim is on trial, they are almost always convicted.
China’s detention process is lengthy and secretive, from the disappearance of the individuals to the announcement of verdict and sentencing, the entire process may take over three years. Therefore, it is recommended that once the family confirms that their loved one has been detained by the CCP, they should remain calm and prepare for a prolonged struggle. In addition to contacting consular services, it is advised to build a network of contacts, including seeking assistance from human rights organizations and hiring a good defense lawyer, although the lawyer may also be powerless to rescue the individual from a “manipulated (judicial) game by the CCP.”
The guide suggests that families of the victims develop a media strategy, including initial low-key or silence tactics which may lead to the release of the detainee, and also publicly speaking out to force the Chinese authorities to disclose more details, potentially deterring the prison authorities from subjecting the victim to torture and mistreatment.
Laura Harth, the advocacy director of Guardians of Freedom, wrote to Radio Free Asia: “‘Disappeared in China’ is a response to the increasing number of foreign citizens being arbitrarily detained in this authoritarian country. This practical manual combines extensive research by our organization on China’s oppressive judicial system with the firsthand experiences of former detainees and their families. It provides readers with important insights, practical advice, and resources for dealing with the detention of their family members in China, aiming to help them become the best advocates for their loved ones.”