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
conducting a physical examination of detainees
before and after the interrogation shall be established
and promoted.
Non-governmental sources: Reportedly, no
significant steps have been taken since the visit.
- The right to access to medical care provided for by
law is reportedly denied for many human rights
defenders as a form of punishment. Courts have been
reported to frequently ignore torture allegations by
defendants.
Government: According to the NHRA, the State
- The CPL was not in
encourages the revision and abolition of laws,
conformity with international
regulations and regulatory documents inconsistent
fair trial standards (e.g. it did
with the Lawyers Law to guarantee the right to legal
not provide for the right to
counsel.
remain silent and privilege
Non-governmental sources: It is alleged that there
against self-incrimination);
- The Rules on the Handling of continue to be numerous ways in which China‘s CPL,
police, procuratorates and court practices fail to
Criminal Cases by Public
Security Authorities permitted conform with international fair trial standards, and
recent legal and regulatory amendments fail to
exceptions to the 24 hours time
address many of these failings.
period for family notification;
Reportedly:
- Extensive periods of police
- There have been no legal amendments, enacted or
custody permitted by law, no
proposed, that would guarantee the right to remain
independent judicial review of silent;
arrest and detention;
- There have been no legal amendments, enacted or
- Article 96 of the CPL
proposed, that would grant to suspects a presumption
provides for access to a lawyer of innocence, or that places the burden of proof on the
only after the first interrogation; prosecution;
- Lack of independence of the
- Right to counsel remains restricted:
judiciary;
- Suspects are not allowed to meet with their lawyer
- Presumption of innocence not until after their first interrogation by police;
respected; and
- Lawyers still need to give notice to the police before
meeting with their clients and the police have up to
- Access to a lawyer and the
48 hours to make the necessary arrangements;
right to defence was severely
- In ―serious and complicated‖ cases, a meeting with
limited.
counsel may take place up to five days after an
application is made;
Situation in during visit in 2005
(See E/CN.4/2006/6/Add.6)
detention regulations cover
medical care for detainees quite
comprehensively, none of the
provisions establish the
prisoners‘ rights to independent
medical examinations.
A/HRC/19/61/Add.3
16
Recommendation
(E/CN.4/2006/6/Add.6)
should routinely inquire of
persons brought from police
custody how they have been
treated and in any case of
doubt (and even in the
absence of a formal
complaint from the
defendant), order an
independent medical
examination.
j) The reform of the CPL
should conform to fair trial
provisions, as guaranteed in
art. 14 of ICCPR, including
the following:
- the right to remain silent
and the privilege against
self-incrimination;
- the effective exclusion of
evidence extracted through
torture;
- the presumption of
innocence;
- timely notice of reasons for
detention or arrest;
- prompt external review of
detention or arrest;
- timely access to counsel;
- adequate time and facilities
to prepare a defence;
appearance and crossexamination of witnesses;
and
- Ensuring the independence
and impartiality of the
judiciary.
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