Recommendation
(E/CN.4/2006/6/Add.6)
Steps taken in previous years
Situation in during visit in 2005 (See A/HRC/4/33/Add.2, A/HRC/7/3/Add.2,
Information received in the
(See E/CN.4/2006/6/Add.6)
A/HRC/10/44/Add.5 and A/HRC/16/52/Add.2)
reporting period
- Police retain the discretion to be present during
meetings between lawyers and their clients, according
to ―necessity and circumstances‖;
- In cases involving ―state secrets‖, the CPL requires
that the appointment of a lawyer and meetings
between lawyers and clients are approved by the
―investigative organ‖;
- The revised State Secrets Law (SSL) from 2010
fails to make provisions for the right of defendants
suspected of a ―state secrets‖ crime to access their
lawyer.6
- In more than a dozen cases investigated by NGOs,
Falun Gong practitioners were either told they were
not allowed to hire a legal counsel of their choice due
to the nature of their case, or were not permitted
access to their chosen or appointed lawyer without
permission of the police or security organs. Lawyers
who represent, or seek to represent Falun Gong
practitioners, have come under intense harassment
and intimidation by the authorities, and two had their
licences permanently revoked in 2010 after walking
out in protest at irregularities during a trial of a Falun
Gong practitioner.
- In many other politically sensitive cases investigated
by NGOs lawyers are intimidated and harassed,
pressurized not to represent politically sensitive
groups such as Tibetans, Uighurs and Falun Gong
practitioners and prevented from seeing their clients
or accessing necessary documents to mount a full
defence.
6
The Standing Committee of the National People‘s Congress adopted revisions to the State Secrets Law on April 29, 2010.
17
A/HRC/19/61/Add.3
While the revised CPL of 1997 provides that People‘s
Courts are to ―exercise judicial power independently
in accordance with law‖, the proceedings of local
courts are routinely interfered with by local political
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