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.