E/CN.4/2001/66
page 73
less than three years and not more than 10 years. Article 22 of the People’s Police Law provides
that police officers are forbidden to extort confessions or to subject prisoners to corporal
punishment or ill-treatment. They are not allowed to beat prisoners or instigate others to do so.
Police officers who commit such acts shall be subject to administrative sanctions. If the acts
constitute crimes, the perpetrators’ criminal responsibility shall be investigated according to the
law. There are similar specific provisions concerning prison officials in the Prison Law. Finally,
the Government stated that victims are completely free to appeal, in accordance with legal
procedures.
Observations
329. The Special Rapporteur appreciates the responses of the Government and is encouraged
by the reference to a specific case of law enforcement officials being found guilty of extorting
confessions. Nevertheless, he regrets that the Government has not been in a position to consider
that its invitation to the Special Rapporteur to make a “friendly visit” to China (that was to take
place in May 2000) amounted to an acceptance of the Special Rapporteur’s request for a standard
fact-finding visit. He has sought to pursue contacts with the Permanent Mission of China to the
United Nations at Geneva, with a view to finding a solution that would take account of the
Government’s concerns, while remaining consistent with the Special Rapporteur’s belief that his
standard methodology is important to his work and that he should not discriminate between
countries.
330. Meanwhile, he notes that the Committee against Torture, in its review of China’s third
periodic report under the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment in May 2000, expressed its concern about “the continuing allegations
of serious incidents of torture, especially involving Tibetans and other national minorities”
(A/55/44, para. 116). The Special Rapporteur shares that concern and, in the light of the above
allegations, considers that the same concern must also extend to adherents of Qi Gong groups,
such as Falun Gong and Falun Dafa.
331. Among the important recommendations of the Committee against Torture, he believes
the following should be highlighted:
That a definition of torture that fully complies with the definition contained in the
Convention be incorporated in domestic law (ibid., para. 123);
That consideration be given to abolishing the requirement of applying for
permission before a suspect can have access for any reason to a lawyer whilst in
custody (ibid., para. 126) and to abolishing all forms of administrative detention,
in accordance with the relevant international standards (ibid., para. 127); and
That the prompt, thorough, effective and impartial investigation of all allegations of
torture be ensured (ibid., para. 128).
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