q) The restoration of
Supreme People‘s Court
(SPC) review for all death
sentences should be utilized
as an opportunity to publish
national statistics on the
application of the death
penalty.
r) The scope of the death
penalty should be reduced,
e.g. by abolishing it for
economic and non-violent
crimes.
Situation in during visit in 2005
(See E/CN.4/2006/6/Add.6)
Detention Centre, death row
prisoners awaiting appeal were
handcuffed and shackled with
leg irons for 24 hours a day and
in all circumstances.
The SPC restored its power of
review in October 2005.
Chinese law provided for the
death penalty in relation to a
wide range of offences that did
not reach the international
standard of ―most serious
crimes‖; among the more than
60 capital offences, there were
many economic and other nonviolent crimes.
Steps taken in previous years
(See A/HRC/4/33/Add.2, A/HRC/7/3/Add.2,
A/HRC/10/44/Add.5 and A/HRC/16/52/Add.2)
prisoners were denied final farewell visits by their
families.
Non-governmental sources: It is reported that China
continues to refuse to release national statistics on the
application of the death penalty classifying such
information as ―state secrets‖. It is estimated that
there have reportedly been more than 5,000
executions in 2008. Other observers estimate that
death sentences were reduced by half since the review
was returned to the SPC. In the absence of public
statistics, it is impossible to verify the accuracy of
such numbers. The appeal process in death penalty
cases remains closed to outside observers.
- Plans to implement the full audio-visual recording
of appellate court proceedings in death penalty cases
were announced.
Non-governmental sources: The SPC was reportedly
working on a judicial interpretation of ―the most
serious and vile‖ crimes, for which the death penalty
should be applied exclusively.
Non-governmental sources 2009: It is reported that
the number of capital offences remains the same. It is
alleged that the Government still executes persons for
non-violent, political crimes and there are no
indications that the practice may change.
s) Political crimes that leave The replacement of the crimes Non-governmental sources: It is reported that
China‘s use of a set of crimes that fall under the broad
large discretion to law
―counter-revolution‖ and
category of ―endangering state security‖ has risen
enforcement and prosecution ―hooliganism‖ in 1997 with
dramatically in the last couple of years, in a trend that
authorities such as
vaguely defined crimes in the
―endangering national
CL left their application open to goes sharply against the recommendation by the
Special Rapporteur.
security‖, ―subverting State abuse, particularly against the
- It is reported that according to the 2009 China law
power‖, ―undermining the
peaceful exercise of the
Yearbook, 1,712 individuals were arrested and 1,407
unity of the country‖,
fundamental freedoms of
indicted for crimes related to ―endangering state
Information received in the
reporting period
A/HRC/19/61/Add.3
20
Recommendation
(E/CN.4/2006/6/Add.6)
should not be subjected to
additional punishment such
as being handcuffed and
shackled.
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