E/CN.4/1994/31
page 31
152. Although the Criminal Procedure Law stipulates that a confession alone is
insufficient evidence to find a person guilty, in practice a confession is
often found sufficient when the other evidence of guilt is inadequate. It was
also reported that the courts often ignore the allegations of torture made by
detainees during the trials.
153. The investigation of torture allegations is reportedly inadequate and few
investigations take place. The investigations are not public and the findings
are not subject to public scrutiny. Perpetrators often receive only
administrative sanctions, such as a transfer. If they are prosecuted, the
punishments are often light. Many investigations are in fact dropped without
the alleged perpetrators being prosecuted.
(b)
Individual cases transmitted to the Government
154. The 34 cases referred to in the following paragraphs were also
transmitted to the Government, which replied concerning them on
22 November 1993.
155. An Fuxing, formerly a cadre at the Jilin Chemical Industry Corporation,
in the Liaoning Province, was arrested in June 1989 on political charges and
sentenced to five years’ imprisonment. It was alleged that during his stay at
the No. 1 Squadron of the Training Brigade, a part of the Lingyuan No. 2
Labour-Reform Detachment of Liaoning Province, he was repeatedly beaten. He
was also reportedly kept in solitary confinement in a tiny dark cell where he
was stripped naked, held down on the floor and repeatedly given shocks with
high voltage electric batons on various parts of his body. As a result, he
allegedly fell into a state of shock and had to be taken to hospital, but as
soon as he came back he was tortured again with electric batons. According to
the Government, An Fuxing, was sentenced in March 1991 by the Jilin Municipal
People’s Intermediate Court to five years’ imprisonment for involvement in
illegal activities injurious to State security. He is now serving sentence at
the Lingyuan No. 2 prison in Liaoning. He has been in consistently good
health and has never stayed in hospital.
156. Li Jie, a prisoner from Jilin province also held at the Lingyuan No. 2
labour-reform detachment, was reportedly stripped naked, held down on the
floor and tortured with 50,000 volt electric batons on several parts of his
body after trying to stage a one-day hunger strike on 4 June 1991. According
to the Government, Li Jie was sentenced in February 1992 by the Changchun
Municipal People’s Intermediate Court to five years’ imprisonment for
involvement in illegal activities injurious to State security. He is now
serving sentence at the Lingyuan No. 2 prison. According to investigations,
he has never been subjected to beatings or verbal abuse.
157. Zhang Ming, a prisoner at the Lingyuan No. 2 labour reform detachment,
Liaoning province, was reportedly beaten and kicked for writing a poem on the
wall on 4 February 1992. On 4 April 1992, the Brigade commander reportedly
summoned him to his office and assaulted him by striking him with an electric
baton on the chest, back and neck. According to the Government, Zhang Ming
was sentenced to prison in 1991 by the Beijing Municipal People’s Intermediate
Court for involvement in illegal activities injurious to State security,
served his sentence in Lingyuan No. 2 prison and was released on 25 June 1992
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