Recommendation
(E/CN.4/2006/6/Add.6)
be expanded throughout the
country.
Situation in during visit in 2005
(See E/CN.4/2006/6/Add.6)
confessions obtained through
torture could not form the basis
of a criminal charge, however it
did not exclude their
admissibility in judicial
proceedings.
- The Government has
acknowledged the
pervasiveness of torture for the
purpose of extracting
confession and the SPP
announced in 2005 that
eliminating confession through
torture was among its priorities.
- Piloting systems of audio and
video recording in interrogation
rooms had been started.
introducing the regulations, the Death Penalty rules may also be used as a reference in handling other criminal justice cases). The Dui Hua
Foundation has translated these into English at Http://www.duihua.org/hrjournal/evidence/evidence.htm
13
A/HRC/19/61/Add.3
Steps taken in previous years
(See A/HRC/4/33/Add.2, A/HRC/7/3/Add.2,
Information received in the
A/HRC/10/44/Add.5 and A/HRC/16/52/Add.2)
reporting period
interpreted by international and Chinese legal
scholars as marking a positive step in that they
underscore the seriousness with which national-level
authorities view the problem of illegally obtained
evidence. However, given past history the real test
will be the effective implementation of the new
regulations by local courts.
- It should be noted that the regulations cover
evidentiary rules within formal criminal proceedings
only, and not within the many forms of administrative
detention.
- Also of concern is the absence of clear standards for
the assessment of evidence. Article 6 provides that if
a defendant or his or her defence counsel allege that
the defendant‘s pre-trial confession was obtained
illegally ―the court shall request that he or she provide
relevant leads or evidence with respect to the alleged
illegal obtaining of evidence, such as the person(s),
time, place, manner, and content.‖. It reportedly does
not specify which of these are necessary and/or
sufficient for the court to make a determination for
the defendant‘s claim. Article 7 is similarly unclear
regarding the nature of the evidence that is necessary
and/or sufficient for a prosecutor to provide to show
the court that a confession was in fact obtained
legally.
- Of further concern is the length of time by which a
prosecutor may delay a trial for further investigation
or in order to obtain additional evidence to
demonstrate that a confession was obtained legally.
The articles in question, articles 7, 8 and 9, do not
specify time limits for such postponement. Moreover,
the court is required to agree to such a postponement
requested by the prosecutor. If the defence makes a
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