8 Nov 91
5. Prison Work and Criminals' Rights
FE/1224 C1/12
At present there are, in all, 680 prisons and reform- through-labour institutions in China, holding 1.1m criminals in detention. The rate of imprisonment is 0.99 per thousand of the total population. Compared with the rate of imprisonment of 4.13 per thousand in one of the Western developed countries according to 1990 statistics of its ministry of justice, China's rate is quite low.
China's prisons and reform-through-labour institutions receive, strictly according to law, criminals sent to them to enforce sentences passed by the courts. If they find the relevant legal documents not complete or the judgement not yet in effect legally, they have the legal right to refuse to take the persons in custody. Prisons and reform-through-labour institutions should notify a criminal's family members of his whereabouts within three days after taking him into custody. According to China's law, most prisoners are allowed to serve their sentences in the area where they reside to make it convenient for their family members to visit them and for the units where they used to work to help educate them. The allegation that in China some citizens are sent to labour camps without trial or sent away in some form of exile within the country is a distortion of the system whereby prisons and reform-through-labour institutions in China take criminals into custody; it is a groundless fabrication.
In China, the rights of prisoners while serving their sentences are protected by law.
According to China's law, all criminals, with exception of those who have been legally deprived of their political rights, have the right to vote. Criminals also have the right to appeal, the right of defence, the right of immunity from insult to their dignity and from infringement of personal security and of legal property, the right of complaint, the right of accusation and other civic rights which have not been curtailed by the law.
Convicted criminals, while serving their sentences, have the right to contact family members and other relatives regularly by correspondence or visits. If an important event happens in a criminal's family such as critical illness or the death of a directly-related family member, and if it is really necessary for the criminal himself to go back home to handle matters, he can be permitted to go home for a short period of time.
While serving their sentences, prisoners can read newspapers, magazines and books, watch television, listen to the radio, and take part in recreational and sports activities that are beneficial to the body and mind. In prisons and reform-through-labour institutions there are libraries where criminals can go to read. Like ordinary citizens, criminals who are serving their sentences have the freedom of religious belief. Prisoners with religious beliefs can maintain their beliefs, and allowances are made for the customs and habits of prisoners of minority nationalities.
Prisoners are accorded the material treatment necessary in their daily lives. The state covers their living and medical expenses and their grain, edible oil and non-staple food rations are set according to the same standards for local residents. All prisons and reform-through-labour institutions are staffed with an appropriate number of doctors: in professional medical institutions, medical facilities and hospital beds are set aside in prisoners' exclusive service; on an
SWB
average, there are 14.8 hospital beds for every thousand prisoners, and those critically ill are sent to hospitals outside the prison for treatment or, on approval, may seek medical treatment on bail according to law. Prisoners' needs for medical care are guaranteed.
The people's procuratorates provide legal supervision of the protection of criminals' legitimate rights and interests. They send full-time prosecuting attorneys to jails and other places of surveillance to check whether the working and living facilities and conditions and the surveillance work are legitimate, to hear the opinions of those under surveillance, accept and look into their complaints and appeals, and deal with violations of law promptly when discovered.
The prisons and reform-through-labour institutions in China are not designed merely to punish the criminals but to educate them and turn them into law-abiding citizens by organizing them to take part in physical labour, learn legal and ordinary knowledge and master productive skills. Prisoners who have taken educational or technical training courses and passed examinations given by local education or labour departments are given certificates corresponding to their levels of education or technical grades. The validity of such certificates is recognized in society. By the end of 1990, about 720,000 certificates for literacy or diplomas for completing courses up to the college level had been issued to those serving terms in prisons and reform-through-labour institutions; over 510,000 had attended various technical training courses, and 398,000 received certificates of technical qualification. Prisoners thus find it easier to find jobs on release after serving their sentence.
China's law stipulates that prisoners who really show repentance and have rendered meritorious service can, upon rulings of the people's courts, have their sentences commuted or be put on parole. In 1990, 18% of the criminals in custody were accorded such treatments.
Thanks to the humanitarian, scientific and civilized management of the prisons and reform-through-labour institutions, the recidivism rate has for many years stood at 6- 8%. Many prisoners have returned to society and become key members or engineers in their enterprises, and some of them have become model workers or labour heroes. Compared with the situation in one developed country in the West, where, according to 1989 judicial statistics, 41.4% of ex-prisoners. returned to jail, China has come a long way in reforming and educating criminals. China's prisons and reform-through- labour institutions have won global acclaim for their achievements in turning the overwhelming majority of criminals, including the last emperor of the feudal Qing dynasty and war criminals, into law-abiding citizens and qualified personnel helpful to the country's development.
6. Prison Labour
China's law stipulates that all prisoners able to work should take part in physical labour. This is also the practice adopted in many countries worldwide. China's policy of reforming criminals through labour is designed to help those serving prison terms mend their old ways by acquiring the labour habit and fostering a sense of social responsibility, discipline and obedience to the law. This policy enables criminals in custody to stay healthy through a regular working
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