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Responses to Information Requests (RIRs) cite publicly accessible information available at the time of publication and within time constraints. A list of references and additional sources consulted are included in each RIR. Sources cited are considered the most current information available as of the date of the RIR.            

RIRs are not, and do not purport to be, conclusive as to the merit of any particular claim for refugee protection. Rather, they are intended to support the refugee determination process. More information on the methodology used by the Research Directorate can be found here.          

The assessment and weight to be given to the information in the RIRs are the responsibility of independent IRB members (decision-makers) after considering the evidence and arguments presented by the parties.           

The information presented in RIRs solely reflects the views and perspectives of the sources cited and does not necessarily reflect the position of the IRB or the Government of Canada.          

30 April 2012

CHN104057.E

China: Whether Chinese authorities issue prison visiting cards; the requirements and eligibility to obtain these cards; the rules and conditions for visiting a person in a prison; how visits are recorded.

Research Directorate, Immigration and Refugee Board of Canada, Ottawa

1. Rules and Conditions, Including Legislation, for Visiting Prisoners

According to Article 48 of the Prison Law of the People's Republic of China of 1994, prisoners are allowed to meet with their family members and/or guardians in accordance with the relevant regulations (China 1994; LRF 18 Apr. 2012b). Regulations published by the Ministry of Public Security in 1992 specify that prisoners may be visited by no more than three family members at a time, once or twice a month, for no longer than one hour at a time, although [translation] "under special circumstances [visits] may be extended appropriately" (China 1992, Art. 67). However, in a telephone interview with the Research Directorate, the Director of the Laogai Research Foundation (LRF), a Washington, DC-based organization that researches and raises public awareness of China's system of forced-labour prison camps (n.d.), said that visits are usually allowed no more than once a month (17 Apr. 2012). Additionally, according to the Executive Director of Dui Hua, a San Francisco-based advocacy organization for prisoner and detainee rights in China (n.d.), prisoners in most facilities are not allowed to have visits from family within the first three months of their incarceration, while they are becoming familiar with the prison regimen (18 Apr. 2012).

The China Internet Information Center, the Chinese government's official news and information website (China 28 Sept. 2009), indicates that prisoners are "in principle" not permitted to meet with non-relatives, "unless otherwise approved" (ibid. n.d.). Similarly, in his telephone interview with the Research Directorate, the LRF director said visits are subject to approval by the prison authorities and that it is generally "very difficult" to obtain approval to visit a prisoner who is not a family member (17 Apr. 2012). The Director noted, however, that, due to corruption within the prison system, it is sometimes possible to use bribes to arrange visits (LRF 17 Apr. 2012). The Executive Director of Dui Hua explained in correspondence with the Research Directorate that the administration bureau that oversees a prison has "considerable discretion" in approving visitors and the frequency of visits (20 Apr. 2012). For example, a relative who has travelled a long distance may be allowed two visits on consecutive days (Dui Hua 20 Apr. 2012).

In its Country Reports on Human Rights Practices for 2010, the US Department of State notes that "many prisoners and detainees did not have reasonable access to visitors" (8 Apr. 2011, 9). The same source continues by noting that

[t]he law requires notification of family members within 24 hours of detention, but individuals were often held without notification for significantly longer periods, especially in politically sensitive cases. Under a sweeping exception, officials are not required to provide notification if doing so would "hinder the investigation" of a case. (US 8 Apr. 2011, 11)

Additionally, the US Congressional-Executive Commission on China observed in 2011 "numerous reported cases of Chinese citizens who went 'missing' or 'disappeared' into official custody with little or no information about their whereabouts or potential charges against them" (ibid. 10 Oct. 2011, 87). Several human rights reports corroborate the claim that Chinese citizens have been subject to "enforced disappearances" by the Chinese government (Human Rights Watch 24 Jan. 2012; US 8 Apr. 2011, 1; AI 2012).

2. Procedures for Visiting Prisoners

According to the Dui Hua executive director, at the start of their sentence, prisoners fill out a form naming the relatives from whom they wish to receive visits (18 Apr. 2012). To arrange for visits, family members reportedly require their identity card and their household registration (hukou) documents (Dui Hua 18 Apr. 2012; LRF 18 Apr. 2012b). Hukou documents are used to prove individual identity as well as kinship (ibid.). The Dui Hua executive director stated that visitors also need a certificate issued by their local public security committee or village committee attesting to their familial relationship with the prisoner (18 Apr. 2012). In contrast, the LRF director indicated that these attestation certificates are used in the event that an individual does not possess or cannot access their hukou document (18 Apr. 2012b). The Director added that visits must always be approved and scheduled in advance (LRF 18 Apr. 2012b).

According to the LRF director, prisons keep records of visits, including visitors' personal information (17 Apr. 2012). The Director added that prisons can also videotape visits and record visitors' conversations with prisoners (LRF 17 Apr. 2012). The Ministry of Public Security's 1992 prison regulations state that [translation] "[w]here the prisoner is an anti-revolutionary or has committed a major criminal offence or shows no evidence of having reformed, visits with family members shall be monitored by a cadre official" (China 1992, Art. 67). Additionally, prisoners are forbidden from [translation] "conversing in cryptic language" or in a foreign language (ibid.). However, prisoners who belong to ethnic minorities may use the language of their minority group (ibid.).

2.1 Visiting Cards

The information in this paragraph was provided in correspondence to the Research Directorate from the Executive Director of Dui Hua on 18 April 2012. Each prison issues its own individual visiting card, which is usually obtained by payment of a "small fee" and presentation of the required identity documents. The appearance of and information displayed on the card can vary between prisons and regions. For example, Yunhe prison in Shandong province shows the prison name and address on the front of the card and the cardholder's name on the back, along with the basic conditions for entry. In some developed provinces, including Fujian, visiting cards, also known as IC cards, are digitized and store the visitor's name, address, photo, and visitation records, along with information on the prisoner's criminal record, sentences, and so on. In Hangzhou, Zhejiang province, the visiting card can be used to deposit money into a prisoner's account and monitor the prisoner's spending. Corroborating information on visiting cards could not be found within the time constraints of this Response.

3. Detainees and Re-education-Through-Labour Inmates

The information in this paragraph on regulations for visiting detainees and re-education-through-labour inmates was provided by the LRF director in his telephone interview and in correspondence (18 Apr. 2012a; ibid. 18 Apr. 2012b). The rules governing prisoners who are convicted criminals differ from those for pre-trial detainees and laojiao [re-education-through-labour] inmates. Regulations on [pre-trial] detention centres issued in 1990 state that detainees are permitted to meet with close family members with the approval of the public security administration. Directives on the implementation of the 1990 regulations state further that visits to detainees are allowed up to twice a month, for no longer than 30 minutes at a time, and with no more than three visitors at a time. According to the directives, visits to detainees must be made under the surveillance of investigators and police. According to 1983 regulations governing re-education through labour, laojiao inmates can meet with family members and relatives without surveillance and, upon approval, can have conjugal visits arranged for them.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

Amnesty International (AI). 2012. "China." Amnesty International Report 2011: The State of the World's Human Rights. <http://amnesty.org/en/region/china/report-2011> [Accessed 24 Apr. 2012]

China. 28 September 2009. China Internet Information Center. "About Us." <http://china.org.cn/2009-09/28/content_18620394.htm> [Accessed 20 Apr. 2012]

_____. 1994. Prison Law of the People's Republic of China. Translated by LawInfoChina. <http://www.lawinfochina.com/display.aspx?id=227&lib=law> [Accessed 27 Apr. 2012]

_____. 1992. Detailed Regulations on Correctional Work in Prisons and Labour Reform Units. Translated by the Translation Bureau, Public Works and Government Services Canada. <http://www.libseek.com/claw-A-g300022314.html> [Accessed 20 Apr. 2012]

_____. N.d. China Internet Information Center. "China's Judiciary." <http://www.china.org.cn/english/Judiciary/31277.htm> [Accessed 20 Apr. 2012]

Dui Hua. 20 April 2012. Correspondence from the Executive Director to the Research Directorate.

_____. 18 April 2012. Correspondence from the Executive Director to the Research Directorate.

_____. N.d. "Who We Are." <http://duihua.org/wp/?page_id=23> [Accessed 23 Apr. 2012]

Human Rights Watch. 24 January 2012. "China: A Year of Illegal, Politically-Motivated Disappearances." <http://www.hrw.org/news/2012/01/23/china-year-illegal-politically-motivated-disappearances> [Accessed 24 Apr. 2012]

Laogai Research Foundation (LRF). 18 April 2012a. Correspondence from the Director to the Research Directorate.

_____. 18 April 2012b. Telephone interview with the Director.

_____. 17 April 2012. Telephone interview with the Director.

_____. N.d. "About Us." <http://laogai.org/aboutus> [Accessed 23 Apr. 2012]

United States (US). 10 October 2011. Congressional-Executive Commission on China (CECC). Annual Report 2011. <http://www.cecc.gov/pages/annualRpt/annualRpt11/AR2011final.pdf> [Accessed 24 Apr. 2012]

_____. 8 April 2011. Department of State. "China." Country Reports on Human Rights Practices for 2010. <http://www.state.gov/documents/organization/160451.pdf> [Accessed 24 Apr. 2012]

Additional Sources Consulted

Oral sources: A professor at Columbia University was unable to provide information for this Response.

Internet sites, including: China Law Listserv, LawInfoChina, United Nations Refworld, Xinhua News Agency.

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