Interesting details of China’s “Anti-Terrorism Law”  

Posted on May 24, 2016, 4:09 am
14 mins

China adopted the first anti-terrorism law in December of the last year that we have passed. Unlike the bag laws in Turkey, China’s anti-terrorism legislation, which has undergone a long preparatory phase and has the qualities to affect every stage of life. The officials from China’s National People’s congress said that the laws that they have passed were inspired by the countries that have succeeded in fighting terrorism. And against critics that said that the law will limit the basic freedoms, they said that with the “developing technology” it is easier for terrorists to organize terror events, and that CNPC will keep on working without harming basic freedoms as much as possible.

Terrorism and Radicalism are evaluated together

One of the key elements of China’s fight against terrorism law is that terrorism and radicalism are held equally dangerous. In a broad definition of terrorism, the law refers to the idea of ​​terrorism as “through the use of methods such as violence, destruction, threats, creating fear in society, harming public safety, violating personality rights and property rights, or threatening state organs, international organizations, and actions and events to accomplish political and social goals”.   In the fourth article of the law, which signs that the state will implement a comprehensive policy on fighting terrorism, it was said “the State takes the fight against terrorism within the scope of national security strategy”.

While it can be seen that this law opens up more possibilities to act on religious organizations, there was also a message in the same article meaning that some religious movements could be taken into the scope of radicalism by saying, “The State is against all kinds of radicalism that distort the religious teachings or induce hate , discrimination and violence. The state abolish the ideological basis of terrorism” . Although it is said in Article 6 that “the freedom of religion and respect for ethnic traditions and customs of citizens will be respected during the work against terrorism, discrimination on any geographical, ethnic element, religion or similar grounds is forbidden”, but according to the Western countries, the very flexible and sensitive nature of this area leaves it open to the possibility of it being abused

State Anti-Terrorism Work Leadership Institution 

The Anti-Terror Law seems to have taken China’s security under a different strategy with a newly formed institution. The Chinese government publicly declares that its efforts to combat terrorism will be conducted under the roof of the “State Anti-Terrorism Bureau” or the so-called “State Anti-Terrorism Authority”. Anti-Terrorism Authority is an independent institution. This organization, which will conduct its work in coordination with the Ministry of Public Security and the National Security Agency, will command the Anti-Terrorism Authority, Police, Army and Gendarmerie Unions called as Chinese Armed Police Unions, in the fight against terrorism. It will be actively used especially in preventing terrorist incidents. Anti-Terrorism Authorities will be established in all the provinces and cities. In case of need, it can also be established in the provinces.

On the other hand, it is emphasized that in the law, the Village Committees, the Community Residents’ Committees and the Corporate Business Units, will be included in the fight against terrorism, it is clearly stated that there is a responsibility for fighting terrorism starting from the bottom layer poor to the top layer rich. Ninth article states that “All institutions and individuals have the duty to assist and cooperate with the relevant authorities in the struggle against terrorism.” It is stated that every individual has a citizenship duty. This is being criticized by western states saying “every citizen is turned into an informer”. As in many states, the reward mechanism has also been added to the law: “The unit and persons with visible contributions will be rewarded with appreciation and prizes in the relevant legislation of the state.”   Definition and Announcement of Terrorist Organization   According to the third article of the law, the description of the terrorist organization and the declaration will be made by the Anti-Terrorism Administration. It said “When the Ministry of Public Security, the Ministry of National Security, the Ministry of Foreign Affairs and the State-level Anti-Terrorism Leadership Institutions need a definition of organization and members of terrorist activity, they must apply to the State Anti-Terrorism Leadership Institution.” It is made clear that it is the job of State Anti-Terrorism Leadership Institution. However, it is also said in the case of “public courts of middle and higher ranking criminal cases, can define in the law the definition of an organization of the terrorist activity and its member “, the state has made the exception that the definition of terror can be made by the State Anti-Terrorism Leadership Institution in the judicial organ.

Special Task for the Money Laundering Administration   To prevent the financing of terrorist activities, China was given the authority to freeze and seize assets to the Charter Administration of the State Council, which functions as the Council of Ministers but is more functional. However, these decisions can be made with the lead of the Charter Administration of Anti-Terrorism Administration.

Very comprehensive technological measures

To prevent the spread of terrorist and radicalism-related information in the same institutions, the legislation says that telecommunication operators and internet service providers are obliged to carry out network security, information content control system and security technology preventive measures; to stop communication in case of terrorism and radicalism information in an urgent manner; recording and deleting records and data from social platforms and reporting to the Security Council or a relevant party responsability was brought. InThe law, which includes technical statements such as solving the passwords of technological tools and elements used in terrorist activities, has also brought a massive monitoring system to the mass media.

Mail and Cargo Security Control System   The law enacts obligations security control systems in such facilities as railway, road, sea, airway cargo and postal services to logistics enterprises such as fast delivery, identification control to customers, security control to transport and shipment goods or application of sealing inspection, the carriage of inspection refused shipments are forbidden. It is also emphasized that the logistics operation companies have the obligation to apply the registration system for the information of the identities and their goods of which are carried and transported.

China’s “Reasonable Doubt” is Extremely Comprehensive   China’s fight against terrorism law gives security units the authority to detain suspected terrorists without a court decision. The authority to initiate an investigation was directly entrusted to the Security forces, saying that “if the Security Organization has any doubt about the terrorist activity or if it perceives the suspicion of terrorist activity, it must be investigated promptly as it must be verified by investigation”. In the fiftieth verdict, “In the investigation of the law enforcement terror activity, the relevant laws can interrogate, control, and call the suspected individual; may collect biometric samples such as blood, urine and cell flakes, as well as biometric identification information such as peer image, fingerprint, eye recognition, and so on.   The Police Department may, in the investigation of the suspicion of terrorist activity, ask the persons to come to the Security Council or other places to inquire the persons who have knowledge of the relevant situation. The duration of these measures has been restricted to not be longer then a period of two months while the authorities have the authority to control assets such as deposits, money transfers, stocks, bonds, fund shares, and to seal, confiscate and freeze them. If the situation is confusing or unlearafter the two months, it is possible to extend this 2 months by adding one more month with the approval of the top responsible Police Officer.

In the case of suspicion of terrorism, more prohibitions may be aplied such as the prohibition to go to another city, the prohibition to take public transportation, the prohibition of negotiations with certain persons and the electronic monitoring. The fact that these are parts of the law is very is very interesting to say the least .

Operational Authority Abroad

Out side the teritory of The People’s Republic of China, the onece that commite terrorist activities to The People’s Republic of China, its people or to its institutions and the once that are defined to do terorist activities under the uniuns or agreaments which Republic of China is a part of, will be dealt by the criminal jurisdiction of the People’s Republic of China. In the law Criminal Jurisdiction is followed. In the legislation, it was highlighted that out side of the Chinese territory all events that acure against China will be closely monitored. One of the most prominent points in this legislation is that the State Council’s Ministry of Public Security may send staff abroad to conduct the terrorism fighting mission, which is possible, after the relevent countries give ratification and the State Council gets informed of the ratification . As it sates in the code 71.

China People’s Liberation Army, Chinese People’s Armed Police Force duty to carry out the mission to fight terrorism abroad, is approved by the Central Military Commission ” by this maggase it is giving the message of it being open to international cooperation. Thus, China, which shows its military and political influence more from day to day, will be seen more active on its missions abroad.

It is also understood that China is trying to take measures against terrorist organizations like ISID in the Middle East outside the borders of the country, especially with the provision on the possibility of mutual exchange agreements with terrorist offenses. The law says, “Documents obtained under international cooperation in the fight against terrorism can be used as evidence in administrative penalties and criminal proceedings, except in those cases where we promised not to accepted them as evidence,” , leaving an open door to conduct closed diplomacy in cooperation with other countries.   It can be said that China’s anti-terrorism legislation will have a huge impact not only on China but also on the Asia-Pacific region in particular. Recognizing the measures China has taken for security, we can say that the countries in the region will reshape their policies after China’s anti-terrorism law. We can also say that with this law, a new era in China has begun against terror.

Source: The People’s Republic of China Act on Fighting Terrorism,

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