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In China, although drug use is an administrative and not criminal offense, individuals detained by public security authorities are subject to.
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This alert typically results in an interrogation and a drug test by police. This paper seeks to summarize, using published government reports, news articles, and academic papers, what is known about the Dynamic Control System, focusing on the procedures of 1 registration; 2 management; and 3 exit. At each step, people subject to the Dynamic Control System face human rights concerns, especially related to the right to privacy, rights to education and work, and right to health. Nonetheless, between and , the number of people in compulsory drug detention centers in China remained virtually unchanged, and the number enrolled in compulsory community-based treatment rose sharply. This is a reporting and monitoring system launched by the Ministry of Public Security in The DCS first came to public notice in a government news story. The hukou system was viewed by government authorities as inadequate, however, because it did not effectively restrict persons who use drugs from changing their residence, which many did because of the discrimination from having been arrested. Five years after the launch of the DCS, in the State Council published the Regulation on Drug Rehabilitation, which gave the system legal authorization. For an administrative and policing system that affects millions of people who live and work in China, the legal provisions stipulate only the registration criteria and the implementing institutions for the DCS, as well as the general exit criteria. Specific operational procedures are not identified. The DCS system can be best understood in terms of how individuals are registered, how they are managed once enrolled, and the legal requirements—and realities—around being unregistered, or exiting, from the system. All individuals identified by police as having used drugs often via a positive urine test are entered into a database of the National Drug Control Information System. The system includes information on community-based detoxification and rehabilitation, drug testing monitoring, home visit records, and risk assessment, and it integrates information from the Ningxia household registration system, Department of Justice drug treatment centers, and health and medical institutions. In addition, the system was designed to provide policy analysis and early warning alerts. Specific management of individuals in the DCS is determined by risk levels. Risk levels can be adjusted at the local level by the antinarcotics office and public security authorities. To achieve this, the DCS is complemented by investigation work , including obligatory meetings of persons who use drugs with security personnel and unscheduled inspections including drug tests at their home or place of employment. Alongside these efforts is ongoing maintenance work , which involves the real-time updating of online information about individuals registered in the system. Finally, there is enforcement work , which includes active surveillance to detect unlawful activity and reduce drug-related crime. A drawback to such extensive monitoring is that for local police officers, responding to DCS alerts occupies a great deal of time and energy. The use of identity documents by individuals registered in DCS will trigger an alarm, and police are expected to respond regardless of the specific situation. The police are required to investigate alerts within a specified time limit and log results of their response into the database. Often, police arrive after the person triggering the alert has left. One study calculated that within a period of 10 months, the district police had responded to 3, DCS alerts, an average of 12 per day. The level of scrutiny of individuals in the DCS is increased for those undergoing community-based detoxification. For example, Zibo, Shandong Province, has introduced a community-based detoxification mobile management and service platform that provides staff, persons who use drugs, and family members with a cellphone app. The app includes GPS tracking and provides for the real-time monitoring of routine drug screening tests and clinical notes by detoxification staff. The app automatically sends alerts and pushes real-time location information to program staff if the individual misses appointments or deviates from approved routines. Another example of a mobile app-based electronic management system for individuals in community-based rehabilitation was piloted in Hongkou and Pudong districts of Shanghai. Persons who are registered are required to log on to the app every day and take mood surveys. The app provides information on drugs and relaxation techniques and helps them locate a nearby hospital if necessary. Social workers have access to the information in the app, theoretically to improve the efficiency of their oversight and determination of relapse risk. However, studies have found that the system fails to make substantive changes in addiction levels. Yet another electronic management system tested in Qingyang District, Chengdu, has been designed with an app with surveillance and management tools for social workers, family members, and doctors. Individuals undergoing detoxification are required to report their emotional state and provide their location and other information, including a photo and a voice recording. Social workers and family members can view the information uploaded by individuals in the system at any time to track their status. The system claims to use artificial intelligence to identify mood and provide early warning of the risk of relapse. Since , increasing emphasis has been put on the integration of DCS at a community level. Based on the results of the pilot, the government adopted a goal of nationwide coverage by Under the grid-management model, persons who use drugs are under surveillance by committees responsible for geographically defined grids, which are adjusted according to terrain, urban density, or management needs. For example, Jiangsu Province, with a population of over 80 million, reportedly has , grid workers overseeing , grids, with each grid composed of an average of people. In practice, the grid-management approach is a fleshing-out and deepening of the DCS. In some locations, more advanced systems and training for grid-management personnel allow for even more sophisticated grid-based management. Typically, individuals in community-based detoxification programs undergo no fewer than 22 drug tests, and those under community-based rehabilitation undergo no fewer than 12 drug tests in a three-year period. Those who have no positive urinalysis tests and no record of drug-related criminal cases are deemed abstinent or rehabilitated. While the criteria for exiting dynamic control are relatively clear, there are no operational guidelines on how dynamic control is actually suspended or lifted. As a result, many people enrolled in DCS find it difficult to exit the system. Initially, exiting the DCS required high-level authorization. As a result of the difficulty exiting the DCS, two nongovernmental organizations have applied to public security departments to release information on how to exit the DCS. In August , the Beijing Aizhixing Health Education Institute submitted an information request to the Ministry of Public Security, asking it to release information about the specific operational methods for releasing individuals from the DCS, the specific departments handling the process, and the documents that need to be submitted. The response was similar: no application is required to exit the DCS, and there are no local regulations in Yunnan on the subject. In practice, it appears that the requirement of three years of abstinence without relapse and no record of drug-related criminal cases is insufficient for release from dynamic control in some if not most cases. According to some accounts, people who are in the DCS can be partially released, meaning that they are no longer subject to surveillance alerts but still subject to community-based control and risk assessment. In other places, the continued implementation of dynamic control on people who meet the exit requirements is most likely because information has not been updated in a timely manner. Other administrative problems also cause people to remain in dynamic control for long periods. For example, people who are apprehended by the police but are not deemed to be dependent on drugs will not be ordered to undergo community-based detoxification and will generally be sentenced only to administrative detention and then released. Since they lack a record of regular drug tests, these people are likely to remain under dynamic control for a long time. By the end of , the government reported that there were 2. Research shows that persons who use drugs in China receive little social support during the detoxification process and that the social ostracism they face is the chief cause of relapse into drug use. A study in found that the interrogations, identity checks, and urinalysis imposed under the DCS have a significant effect on all aspects of life for persons who use drugs. Respondents also said that it affected family relations, with the constant examinations under DCS making family members suspicious of relapse and also creating bias against family members including children and affecting opportunities for family members to work outside the home. A survey conducted in similarly found that the DCS had a negative impact on family relationships and that household visits and unannounced home drug tests, combined with interviews with neighbors and neighborhood committee members, violated the privacy of those registered in the DCS. The DCS can also affect the employment of persons who use drugs, as public security officers may subject individuals to drug testing at work or during business trips, if individuals registered in the DCS are even able to get approval for work-related travel. The study concluded that the DCS exacerbates both stigma and the marginalization of those who are registered. The DCS and the impacts described above relate to several key human rights, including the rights to privacy, to education, to work, and to health. The International Covenant on Civil and Political Rights, which China signed but has not ratified, provides that no one shall be subjected to arbitrary or unlawful interference with their privacy, family, home, or correspondence and that everyone has the right to the protection of the law against such interference. It also notes that state institutions must keep private and confidential personal information that is collected during the performance of duties. The law provides explicit requirements related to consent, data localization and deletion, the transfer of personal information, and compliance in general. While the law regulates both private and government agencies, it provides government authorities a broad exception when acting in accordance with administrative regulations. However, the Regulation on Drug Rehabilitation specifically requires keeping the personal information of persons who use drugs confidential and includes penalties for the disclosure of such information. Though both international and domestic legal obligations are meant to set standards of protection for personal information, in practice there are significant privacy concerns that make the personal information of individuals registered in the DCS broadly available. China is a state party to the International Covenant on Economic, Social and Cultural Rights, which commits state parties to respect the right to education and the right to work. The practices under the DCS, and the various education and employment policies within China, raise concerns around violations of these rights. On education, for example, in , Chongqing Municipality announced that an administrative and criminal offense disqualifies the person concerned from admission to colleges and universities. A history of drug use can also be a barrier to obtaining employment. Although only persons who have committed criminal offenses are restricted from applying for the national civil service exam, some provinces explicitly restrict people with records of drug use. The right to health is also enshrined in the obligations under the International Covenant on Economic, Social and Cultural Rights. In the current treatment regime, detection of a relapse leads to harsher restrictions on personal rights and freedoms, without meaningfully addressing the right to health. China has a binary legal system that differentiates between criminal offenses and administrative violations. Drug-taking behavior has never been designated a criminal activity, is not regulated by criminal law, and is not subject to trial by the courts, but it is an unlawful act punishable by the public security authorities. The Anti-Drug Law enacted in established a system of drug treatment divided into four categories: voluntary detoxification, community-based detoxification, community-based rehabilitation, and compulsory detoxification. Although distinct in the law, community-based detoxification and rehabilitation are operationally identical. Apart from compulsory detoxification, the other measures are noncustodial and purportedly nonpunitive measures. Within this system, the DCS reinforces, and extends, an approach to drug use that is fundamentally punitive. From the moment a person is apprehended by the police and his or her information is entered into the system, the DCS penetrates the entire process of punishment, treatment, and control, with the aim of ensuring that they are unable to evade a comprehensive system of social control. Individuals entering the system because of illicit drug use may be punished by up to five days in detention or a fine of up to yuan. More serious offenses may require up to 15 days detention or a fine of up to 2, yuan. Yet that is nowhere near the end of it. For example, in Zhahua District, Guangyuan City, Sichuan Province, persons who use drugs but are not considered dependent at the time of their initial arrest are nonetheless required to undergo urinalysis every two months. Alternatively, persons who use drugs can voluntarily enter a drug detoxification facility for treatment. According to the Anti-Drug Law, public security authorities will not punish individuals who enter voluntary detoxification facilities. The DCS in China has not been developed in isolation. The integration of DCS into existing compulsory detoxification and rehabilitation extends surveillance and control of persons who use drugs from local to national levels. Although information management and control systems are not officially punitive, in practice systematic monitoring imposes limitations on the personal freedom of persons who use drugs and restricts a wide range of fundamental rights. Rather than investing in evidence- and rights-based treatment of drug dependency, the Chinese government has created a comprehensive detention and surveillance network that ultimately fails to provide the medical support, community engagement, and legal assistance that individuals in China with drug dependency need. Joseph J. Amon, R. Pearshouse, J. Cohen, and R. Available at www. June 29, Zhongwei, L. Zuhong, F. Wenyong et al. Yizhan and L. How many others long to break away? Ling, D. Lin, L. Zhi, et al. For targeted population systems, see Zhiyong see note For hotels, see D. Ling et al. For banking and for railways, see Zhiyong see note Cohen and J. Yang and M. Yang, L. Zhou, W. Hao, and S. Stoicescu, Q. Lataire, K. Peters, et al. Dirks and S. Registration, management, and exit The DCS system can be best understood in terms of how individuals are registered, how they are managed once enrolled, and the legal requirements—and realities—around being unregistered, or exiting, from the system. Registration All individuals identified by police as having used drugs often via a positive urine test are entered into a database of the National Drug Control Information System. Promotion: implement anti-drug use publicity campaigns. Investigation and registration: investigate reports of drug use, log information into the DCS, and complete the corresponding paper ledger registration. Assistance and mediation: collate, analyze, discuss, and consult on drug-related issues. Human rights concerns The DCS and the impacts described above relate to several key human rights, including the rights to privacy, to education, to work, and to health. Privacy The International Covenant on Civil and Political Rights, which China signed but has not ratified, provides that no one shall be subjected to arbitrary or unlawful interference with their privacy, family, home, or correspondence and that everyone has the right to the protection of the law against such interference. Health The right to health is also enshrined in the obligations under the International Covenant on Economic, Social and Cultural Rights. Conclusion China has a binary legal system that differentiates between criminal offenses and administrative violations. Mu Lin is an independent consultant based in Beijing, China. Please address correspondence to Joseph J. Email:jja88 drexel. Competing interests: None declared. References \[1\] J.
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