due process highlighted in draft Detention Centre Law

Ministry of Public Security (MPS) has issued its draft version of the Detention Centre Law, which will, once enacted, replace the current administrative decree issued in 1990.


Though the text has yet to be published, state media says it has made significant progress in terms of compliance with human rights and due process including

  • referring to the detained as 'suspect or defendant' instead of 'prisoner'
  • subjecting detention centres to supervision by the Procuratorate and other external actors
  • separate confinement for suspects of sexual crimes or other crimes with special circumstances
  • no solitary confinement for minors
  • prosecutors authorised to terminate detentions deemed unnecessary or wrongful, as well as extended detentions
  • audio and video recording of interrogations mandatory for 'major criminal cases'
  • no surveillance allowed during conversations between suspects and their counsels