5 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 similar request for postponement, the court has discretion to agree ―if it deems it necessary‖. (Article 9). - The conditions under which the appeals court, or court of second instance, is required to investigate a defendant‘s claim that a pre-trial confession was obtained illegally also appear limited. Article 12 provides for courts of second instance to investigate a defendant‘s claim, but it is only obliged to do so if the court of first instance did not investigate the allegation and used the confession as the basis of the conviction. This may conflict with China‘s Criminal Procedure Law which requires courts of second instance to conduct a full review of all facts.5 - The Rules concerning Death Penalty cases stipulate that ―only evidence that has been examined and verified to be true through an investigation process in court involving presentation, identification and cross examination may be used as a basis for conviction and determining sentence‖(Article 4). However, it appears such scrutiny will not apply to evidence collected using ―special investigative measures‖ (shanggui, opaque methods employed in counterterrorism, state security, or other ―complex cases‖). Under Article 35, such evidence may serve as a basis for conviction ―if the court has verified it to be true‖ which it must do without revealing the methods employed by the special investigators. This is in direct contravention of the legal principle that statements obtained by torture must be rejected as evidence on principled grounds, irrespective of the aspect of reliability. The Rules concerning Death Penalty cases reinforce Article 186 of the CPL states ―A People‘s Court of second instance shall conduct a complete review of the facts determined and the application of the law in the judgement of first instance and shall not be limited by the scope of appeal or protest.‖ A/HRC/19/61/Add.3 14 Recommendation (E/CN.4/2006/6/Add.6)