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,
(See E/CN.4/2006/6/Add.6)
A/HRC/10/44/Add.5 and A/HRC/16/52/Add.2)
of such personnel to inflict torture and other illtreatment, including through the use of inmates to
torture individuals in detention and the use of quasigovernmental personnel to beat up and intimidate
human rights activists outside of detention.
2)
Government: In 2006, the Ministry of Justice issued
regulations prohibiting torture and ill-treatment by
specific categories of public officials, such as ―Six
prohibitions for prison guards‖, ―Six prohibitions for
Re-education Through Labour‖ (RTL), etc.
A/HRC/19/61/Add.3
7
- In the Regulations on Case-Filing Standards in
Cases of Rights Infringement through Dereliction
of Duty, the Supreme People‘s Procuratorate
(SPP) lists several acts amounting to the crime of
coercing a confession, such as beatings, binding,
prolonged use of cold, hunger, exposure or
scorching to abuse detainees, severely injuring
suspects or leading a suspect to commit serious
self-injury or directly or indirectly ordering
others to use torture for the purpose of extracting
a confession.
b) All allegations of torture According to Article 18 of the Government: The National Human Right Action
and ill-treatment should be Criminal Procedure Law (CPL), Plan 2009-10 (NHRA) foresees the establishment and
improvement of supervisory mechanisms for law
promptly investigated by an the SPP is the mechanism
enforcement and administration of justice by
independent authority with responsible for investigating
establishing responsibility and accountability
no connection to the
and prosecuting crimes
systems.
authority investigating or
committed by State
prosecuting the case against functionaries. The Procurators
Non-governmental sources: It is reported that as of
the alleged victim.
are also mandated to monitor
2009, the Government rejects the release of concrete
the police and prisons and
data about enforcement efforts and increased
exercise oversight functions. In
transparency in the criminal justice system.
his dual function of prosecution
Reportedly, in most cases no effective investigations
and monitoring the SPP is not
were conducted in torture cases documented by
an independent authority, as its human rights organizations. It is alleged that if
primary interest is vested in
investigations were initiated, they failed to meet the
Information received in the
reporting period
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents