Legal experts have expressed mixed views to a clause in China?s Criminal Procedure Law that allows police to conduct secret investigations and detain national security crime suspects.
While some legal experts have warned that such measures could be possibly abused, others argued that they would help protect human rights, and are in line with international conventions.
The experts? statements come in the wake of doubts cast by international media over an article in the draft submitted to the Standing Committee of the National People?s Congress, China?s top legislature.
The media had said the article violates international conventions and international law.
Article 73 of the draft provides that suspects for crimes involving national security, terrorism or serious cases of bribery can be put under residential surveillance outside their own homes if residential surveillance at the home of the suspect is likely to hinder an investigation.
The article also stipulates that family members should be informed within 24 hours of the surveillance, its location and reason except when family members could not be reached or such notice could hinder the investigation.
As opposed to the new law, the current law deprives suspects of personal freedom, including detention and arrest, and limits personal freedom, which includes residential surveillance and obtaining a guarantor or bail pending trial.
According to Chinese Academy of Social Sciences? legal researcher Wang Minyuan supported the new measure saying the draft indicates that police will first consider the grounds which requires authorities to give notice to family members.
China?s Renmin University legal expert Chen Guangzhong, however, warned that execution of such measures lack supervision and lawmakers should make clear under which circumstances they could be carried out.
"It is necessary to allow the police to conduct special investigative measures when the case is complicated", the China Daily quoted Guangzhong, as saying. (ANI)
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