Chinese special operation soldiers take part in military training demonstrations during the Great Wall-2019 International Forum on Counter-terrorism in Beijing, China, June 18, 2019. (PHOTO / XINHUA)

BEIJING – China regards respecting and protecting human rights as an underlying principle in improving its legal framework and practices in the field of counterterrorism, according to a white paper issued by China's State Council Information Office on Tuesday.

The Chinese government has succeeded in curbing the spread of terrorism, protecting citizens' rights to life, health, and property, and maintaining social stability, while taking firm actions to protect the lawful rights and interests of citizens and organizations and guard against discrimination based on geographical area, ethnic group, or religion, according to the white paper.

Titled "China's Legal Framework and Measures for Counterterrorism”, the white paper consists of five parts besides the preface and conclusion. These are: "An Improving Legal Framework for Counterterrorism”, "Clear Provisions for the Determination and Punishment of Terrorist Activities”, "Standardized Exercise of Power in Fighting Terrorism”, "Protection of Human Rights in Counterterrorism Practices", and "Effective Protection of People's Safety and National Security".

FULL TEXT: China's Legal Framework and Measures for Counterterrorism

Terrorism is the common enemy of humanity, posing a grave threat to international peace and security, and representing a challenge to all countries and all humanity, the document noted. "All members of the international community share the responsibility to fight it.”

China has safeguarded national and public security, protected people's lives and property, and contributed to global and regional security and stability.

White paper

As a victim of terrorism, China has long faced its real threat. China has always attached great importance to law-based counterterrorism efforts, and has accumulated experience by concluding or joining international conventions and treaties and amending and improving criminal laws, it added.

Over the years, China has found a path of law-based counterterrorism that conforms to its realities by establishing a sound legal framework, promoting strict, impartial, procedure-based law enforcement, and ensuring impartial administration of justice and effective protection of human rights, according to the document.

"China has safeguarded national and public security, protected people's lives and property, and contributed to global and regional security and stability.”

Counterterrorism approaches that champion the common values of humanity, comply with the norms and principles of the United Nations, and conform to their own national conditions and legal institutions, are all part of the global efforts to combat terrorism under the rule of law, according to the white paper.

Upholding the vision of a global community of a shared future, China is willing to work closely with other countries to push forward the counterterrorism cause as part of global governance, said the document. 

Protection of human rights

Prioritizing the personal safety of those who are subject to direct harm and threat of terrorist incidents, China organizes relief and provides medical treatment for victims, and evacuates and relocates potential victims, according to the document.

Relevant departments are also in charge of offering timely help, providing psychological and medical assistance to victims and their close relatives as appropriate, and guaranteeing the basic living needs of victims and their close relatives who have lost basic means of life, it added.

In handling cases involving terrorist offenses and crimes, China gives equal weight to safeguarding the basic rights of citizens, preserving social order, and protecting the rights of victims and interested persons as well as suspects, defendants and convicts, according to the document.

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The document said that efforts are made to guarantee the rights to defense, information and participation, legal relief, as well as court proceedings in ethnic spoken and written languages, among others. 

Handling of terrorist cases 

China has regulated procedures for handling terrorist cases in accordance with the law, with case management responsibility implemented, and external oversight strengthened to ensure the standardized and orderly exercise of power in handling such cases, according to the white paper.

China attaches greater importance to the education and rehabilitation of victims of extremist teachings who have committed only minor offenses

White paper

Pointing out that Chinese law prescribes the powers and responsibilities of law enforcement and judicial agencies in handling cases, it said law enforcement and judicial agencies must exercise their statutory authority and powers to ensure the accurate and effective enforcement of the law while handling terrorism cases.

To ensure strict law enforcement, judicial justice, and accountability of the competent authorities, China's law enforcement and judicial agencies have promoted reform of the responsibility system, it added.

With their responsibilities clarified, law enforcement and judicial agencies have put in place a strict accountability system, under which judicial officials who are found to have violated the law in case management will be held accountable and given due punishment, said the white paper, adding that if their acts constitute a crime, they shall be prosecuted for their criminal responsibility.

In terms of strengthening external oversight, the document noted that the powers of law enforcement and judicial agencies are subject to external oversight from people's congresses, the Chinese People's Political Consultative Conference, and the public, as well as to statutory and internal oversight.

The white paper said that to prevent abuse of power in law enforcement and judicial matters, channels of oversight have been expanded, and public scrutiny has been strengthened through various means, increasing the transparency of law enforcement and justice. 

Legal framework improving 

China has an improving legal framework for counterterrorism and accelerated its efforts to build a counterterrorism legal framework, said the white paper, adding that national conditions, constitutional principles and international experience have played an important role in the process.

Over the past decades, China has amended and improved its criminal laws, made a counterterrorism law, and upgraded the counterterrorism provisions of other relevant laws. This has strengthened systematic coordination among laws, closed legal loopholes, improved areas of weakness, and formed synergy in counterterrorism practice, it said.

China has also improved its administrative regulations to strengthen the coordination and cooperation among administrative bodies and define the responsibilities of all parties, said the document, adding that Beijing and a handful of other localities have crafted new regulations based on their own realities in counterterrorism.

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To better implement laws and regulations related to counterterrorism and improve their work in the field, central departments and local governments have formulated working rules that meet their specific needs, according to the document.

In the legal framework, the Counterterrorism Law is the centerpiece, the criminal laws and National Security Law play major roles and other laws serve as supplements, added the document.

Contributing to global stability

China carries out counterterrorism work in accordance with the law, and has heightened the people's sense of security, defended national security, and contributed to regional and global security and stability, according to the white paper.

Actively promoting improved terrorism prevention standards in key sectors and localities and formulating or revising counterterrorism contingency plans, China encourages and supports counterterrorism-related scientific research and technological innovation.

Apart from specialized efforts, the country also relies on the public in working to counter terrorism. It conducts extensive public education, with its counterterrorism capacity constantly improving, according to the white paper.

While striking hard at unlawful and criminal terrorist activities, China attaches greater importance to the education and rehabilitation of victims of extremist teachings who have committed only minor offenses, said the document.

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Relevant government departments, women's associations and other social organizations, religious groups, schools, and families collaborate to offer targeted intervention measures, in order to protect them from further harmful impact, it said.

It added that China has joined 12 global counterterrorism conventions and facilitated the formulation of documents such as the Shanghai Convention on Combating Terrorism, Separatism and Extremism and the Shanghai Cooperation Organization Member States Agreement on Border Defense Cooperation, playing an important role in maintaining international and regional security and stability.