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According to The China Story, created by the Australian Centre on China in the World (CIW) at the College of Asia and the Pacific, Australian National University (ANU). there are more Australians missing in China than any other country.
Since 2009, there have been a number of high-profile cases of contentious arrests and imprisonments of Australian citizens in China. Australian journalist Cheng Lei was arrested and detained for three years before her release in 2023. [...] Rio Tinto executive Stern Hu, travel entrepreneur Matthew Ng, technology educator Charlotte Chou (released in December 2014) and medical inventor Du Zuying (released in July 2014) have been imprisoned on charges of bribery, embezzlement and fraud allegedly targeting their China-based employers or partners. (Du was released in July 2014 and Chou in December 2014).
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Sophie Richardson is the Washington-based co-executive director of Chinese Human Rights Defenders (CHRD), a coalition of Chinese and international human rights non-governmental organizations. From 2006 to 2023, she served as the China Director at Human Rights Watch.
She reflects that “many people assume that because the Chinese government have written things down on paper and called them laws, they’ll abide by them, but that’s often not the case.”
“For foreign lawyers who set up offices in Beijing or Shanghai, it’s often not until things go dreadfully wrong that people come to realise the law is an instrument of Xi Jinping’s political power, used when and how he and his allies see fit.”
Richardson says, “I’m not sure anyone could definitively answer about the numbers of people detained. In some cases, families don’t want to publicise that their family member has been detained. The number of foreigners detained pales in comparison to Chinese citizens. The scope and scale has been identified by the Working Group on Arbitrary Detention, which is one of the UN expert bodies, as a crime against humanity.”
Richardson explains that under Article 36 of the Vienna Convention on Consular Relations (VCCR) requires governments that have detained foreign citizens to notify the governments of those citizens, along with notifying the foreign national that they have a right to contact their consulate, and enabling this.
“That’s routinely ignored,” says Richardson, “Some countries also require that their government be informed. That means people have to know to request [contact with their consulate], and that the people detaining you will convey that information.”
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[The Australian government] defines enforced disappearances as occurring “when individuals are deprived of liberty against their will with the involvement of government officials (at least by acquiescence), which includes a refusal to acknowledge the deprivation of liberty or concealment of the fate or whereabouts of the disappeared person.”
The 2023 US Department of State China Human Rights Report found that disappearances were standard practice by Chinese authorities at a nationwide, systemic scale. The typical method is Residential Surveillance at a Designated Location (RSDL), which the UN has consistently stated is ‘not compatible with international human rights law’. RDSL enables authorities to detain individuals in an undisclosed location for up to six months, without trial or access to a lawyer.
There is a lack of official data on how prevalent RDSL is, or the conditions that victims are subjected to, but INGO Safeguard Defenders estimated that between 55,977 and 113,407 people were placed into RSDL, prior to trial and verdict, from 2015 to 2021. Those numbers do not account for cases where no trial proceeded.
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Human rights NGO Safeguard Defenders, founded in 2016, has released a handbook Missing In China, designed to guide people through the steps when a family member, colleague, or friend has been arbitrarily detained by the PRC. It will also be made available in Chinese and Japanese.
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