Beijing: China's increasing use of arbitrary detention has sparked alarm within the international community, with human rights organizations and foreign governments condemning the practice. The Chinese government stands accused of employing detention as a tool to suppress dissent, silence political opposition, and control minority populations, leading to widespread concerns over human rights violations.

Arbitrary detention refers to the arrest or imprisonment of individuals without sufficient legal grounds or due process. In China, this practice often involves individuals being held without formal charges, undergoing secret trials, and facing extended imprisonment without access to legal representation or contact with family members. The lack of transparency and fairness in these detentions has drawn global criticism.

China's use of arbitrary detention has become prevalent across various sectors, including its political and judicial systems, and has been used to quash dissent among ethnic and religious minorities. In recent years, foreign nationals have also been increasingly targeted, raising concerns about the safety of international citizens working or traveling in the country.

Foreign Nationals Targeted for Political Leverage
The arrest of foreign nationals has raised particular concern, with accusations that China uses arbitrary detention as a form of political leverage in diplomatic disputes. Business executives, journalists, and academics have all fallen victim to China’s broad definitions of national security crimes, leaving them vulnerable to sudden arrests without due process.

Cases involving nationals from the United States, Australia, and European countries have highlighted how these detentions often coincide with broader diplomatic tensions. Critics argue that China uses foreign detainees as bargaining chips to extract political or economic concessions from other nations, a tactic that has strained its relations with Western countries.

In response, governments including the U.S., Canada, and the United Kingdom have issued travel warnings, urging their citizens to exercise caution when visiting China, particularly those involved in politically sensitive activities. The risk of arbitrary detention has become a key factor in diplomatic relations between China and the West.

Calls for Stronger Travel Warnings
Concerns over the safety of American citizens in China have recently intensified, with U.S. lawmakers and families of detained Americans pushing for the U.S. government to raise its travel advisory to the highest level, "Do Not Travel." The current advisory, at Level 3, urges Americans to reconsider travel to China due to the “arbitrary enforcement of local laws” that could lead to wrongful detentions or exit bans.

During a congressional hearing on September 18, Peter Humphrey, a former British journalist who was imprisoned in China for nearly two years, warned that no one is safe from arbitrary detention in China. Humphrey’s testimony was part of a broader push for stronger U.S. travel warnings, alongside emotional pleas from families of detained Americans.

The hearing, led by Rep. Chris Smith (R-N.J.), chairman of the Congressional-Executive Commission on China (CECC), featured testimonies from relatives of Americans who have been imprisoned in China for years. The recent release of David Lin, a naturalized American pastor who had been imprisoned for 18 years, has refocused attention on the issue.

Diplomatic and Human Rights Concerns
Arbitrary detention is not only a human rights issue but also a diplomatic challenge. Sen. Jeff Merkley (D-Ore.) emphasized the importance of addressing the issue in U.S.-China relations, noting that China’s desire for strong economic ties with the U.S. offers leverage to push for changes in its detention practices. He called for this issue to be a central part of any diplomatic talks.

Rep. Zach Nunn (R-Iowa) highlighted the political nature of these detentions, describing China’s approach as “building a warehouse of potential detainees” to use for future bargaining. While Nunn supported raising the U.S. travel advisory, he acknowledged that addressing China’s broader strategy requires more comprehensive diplomatic efforts.

Heartbreaking Family Testimonies
At the hearing, families of detainees shared harrowing stories of their loved ones’ suffering in Chinese prisons. Harrison Li recounted the experience of his father, Kai Li, a businessman serving a 10-year sentence on espionage charges. The United Nations has classified his detention as arbitrary, and Harrison shared that his father has suffered serious health issues, including a stroke, while in prison.

Other families shared similarly devastating accounts. Nelson Wells Sr. described how his son, Nelson Wells Jr., has been imprisoned in China since 2014 on drug-related charges. Dawn Michelle Hunt, another American, faces the death penalty after being tricked into carrying drugs in a designer bag. Her brother, Tim Hunt, spoke of her deteriorating health and their father’s desperate hope to see her released before it’s too late.

A Chilling Effect on International Relations
China’s expansive national security laws, particularly the 2014 Counter-Espionage Law and the 2015 National Security Law, have heightened risks for foreign nationals, particularly those in sensitive industries like academia, journalism, and business. These laws allow authorities to arrest individuals on broadly defined charges, leaving detainees without a fair trial or adequate legal defense.

The growing number of detentions has strained China’s relations with Western nations, which face increasing pressure to address these human rights violations while maintaining economic ties with China. Many countries have called for greater transparency and adherence to international law, but China has consistently defended its detention practices as lawful and necessary for national security.

As diplomatic tensions grow, foreign nationals are becoming more cautious about traveling to China. Businesses are rethinking their operations, and international companies are delaying investments due to concerns about employee safety. This climate of uncertainty is complicating international relations and raising serious questions about China’s commitment to human rights.

For the families of those detained in China, the hope remains that increased awareness and diplomatic pressure will help bring their loved ones home.