Research Directorate, Immigration and Refugee Board of Canada, Ottawa

1. Format of Notices of Detention and of Arrest

The 2012 edition of Models of Criminal Legal Instruments of Public Security Organs (Models), available on the website of the Chinese Ministry of Public Security, indicates that notices of detention and of arrest are printed on [translation] "80 [gram] offset white paper" and that the "border lines, horizontal lines and text" of both documents are printed in black (China 2012, 6). In correspondence with the Research Directorate, a European representative of the Laogai Research Foundation (LRF), an NGO that "gather[s] information on and raise[s] public awareness of human rights violation in China's prison system" (LRF n.d.), indicated that the Chinese government still uses the 2012 versions of notices of detention and of arrest (LRF 28 June 2018). According to the Chinese Ministry of Public Security,

[translation]

To make binding easier, the first copy of a multi-copy instrument is 297 mm in length, 137 mm in width, 37 mm for the head margin (upper white edge), 28 mm for the binding edge (white edge on the left), and 84 mm x 225 mm for the printing area. Other types of instruments and single-copy instruments use A4 paper, i.e., 297 mm in length, 210 mm in width, 37 mm for the head margin (upper white edge), 28 mm for the binding edge (white edge in the left), 156 mm x 225 mm for the printing area (excluding page number). Tolerance shall not exceed 1 mm. (China 2012, 6)

The same source also states the following:

[translation]

If words such as "public security bureau" [and] "detention center" appear in the name, contents, and ending of the instrument, they may be included in the printing after the name of the unit is updated.

… The [c]riminal [l]egal [i]nstruments of the public security organs shall be uniformly printed by printing houses designated by the provincial public security organs. (China 2012, 7)

The LRF representative indicated that detention and arrest notices include the official seal of the Chinese Public Security Bureau (PSB), a case number, the address of the detention centre (at the bottom of the notice), the time of arrest and the "type of crime" (LRF 28 June 2018). The same source stated that, "sometimes," the address of the detention centre "is not detailed" (LRF 28 June 2018). According to the same source, the format of notices of detention and of arrest is "basically" the same across China, and the information that remains the same in the notices issued by different police stations across China is the address, the official seal of the PSB, the time of arrest or detention and the "type of crime" (LRF 28 June 2018).

2. Samples of Notices of Detention and of Arrest

The following samples are attached to this Response:

• A sample of a notice of detention given to the detainee's family and of one kept for archives by the relevant PSB office, both available in Models (Attachments 1 and 2).
• A sample of a notice of detention issued in 2016 by the PSB of the City of Hangzhou that is available on the website of ChinaAid, an international non-profit Christian human rights organization that promotes "religious freedom and the rule of law in China" (ChinaAid n.d.) (Attachment 3).
• A sample of a notice of detention issued in 2016 by the Fengtai Branch of the PSB of the City of Beijing, also available on the ChinaAid website (Attachment 4).
• A sample of a notice of detention issued in 2013 by the Yangpu Branch of the PSB of the City of Shanghai, available on the website of the Hong Kong-based Chinese NGO Human Rights in China (HRIC) (Attachment 5).
• A sample of an arrest notice handed to the arrestee's family and of one kept by the relevant PSB office, both available in Models (Attachments 6 and 7).
• A sample of a notice of arrest issued in 2016 by the PSB of the City of Hangzhou, available on the ChinaAid website (Attachment 8).
• A sample of a notice of arrest issued in 2014 by the Yangpu Branch of the PSB of the City of Shanghai, available on the HRIC website (Attachment 9).

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

China. 2012. Ministry of Public Security. Models of Criminal Legal Instruments of Public Security Organs. Excerpts translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 28 June 2018]

ChinaAid. N.d. "Our Mission." [Accessed 4 July 2018]

Laogai Research Foundation (LRF). 28 June 2018. Correspondence from a European representative to the Research Directorate.

Laogai Research Foundation (LRF). N.d. "About Us." [Accessed 4 July 2018]

Additional Sources Consulted

Oral sources: China Human Rights Lawyers Concern Group; Human Rights in China; researcher who specializes in the Chinese criminal justice system.

Internet sites, including: Amnesty International; China Human Rights Lawyers Concern Group; ecoi.net; European Union – European Asylum Support Office; Factiva; Freedom House; Human Rights in China; Human Rights Watch; INTERPOL; UN – Refworld; US – Department of State.

Attachments

1. China. 2012. Ministry of Public Security. "Detention Notice." Models of Criminal Legal Instruments of Public Security Organs. Translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 7 June 2018]
2. China. 2012. Ministry of Public Security. "Detention Notice (Copy)." Models of Criminal Legal Instruments of Public Security Organs. Translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 7 June 2018]
3. China. 2016. Public Security Bureau, City of Hangzhou. "Notice of Detention." Translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 21 June 2018]
4. China. 2016. Public Security Bureau (PSB), City of Beijing. "Notice of Detention." Translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 21 June 2018]
5. China. 2013. Public Security Bureau (PSB), City of Shanghai. "Notice of Detention." Translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 21 June 2018]
6. China. 2012. Ministry of Public Security. "Arrest Notice." Models of Criminal Legal Instruments of Public Security Organs. Translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 21 June 2018]
7. China. 2012. Ministry of Public Security. "Arrest Notice (Copy)." Models of Criminal Legal Instruments of Public Security Organs. Translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 21 June 2018]
8. China. 2016. Public Security Bureau, City of Hangzhou. "Notice of Arrest." Translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 21 June 2018]
9. China. 2014. Public Security Bureau (PSB), City of Shanghai. "Notice of Arrest." Translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 21 June 2018]