Recommendation
(E/CN.4/2006/6/Add.6)
facilities under the control of
their interrogators or
investigators for more than
the time required by law to
obtain a judicial warrant or
pre-trial detention, which
normally should not exceed
a period of 48 hours. After
this period they should be
transferred to a pre-trial
facility under a different
authority, where no further
unsupervised contact with
the interrogators or
investigators is permitted;
Situation in during visit in 2005
(See E/CN.4/2006/6/Add.6)
detain suspects for long periods
in custody without judicial
review. Coercive summoning
(Juchuan) could be extended for
up to 48 hours and the period of
examination following formal
arrest (Daibu) and prior to
submitting the case to the
Public Procuratorate for
approval could take up to 7
days, and up to 30 days for
suspects of organised crimes
(Art. 69). Detention for the
purpose of criminal
investigation (Juliu) was
generally possible for up to 14
days and could be prolonged
for up to 37 days (Art. 61).
Criminal detainees are held in
detention centres (Juliusuo)
under the jurisdiction of the
Public Security Bureau (PSB).
9
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
and public security agents to hold suspects for long
periods in custody without judicial review and under
the supervision of the same authorities – the People‘s
Procuratorate – responsible for preparing cases for
prosecution. Suspects may be held up to seven days
before the police submit a request to the People‘s
Procuratorate for approval of their arrest. In the case
of a ―major suspect involved in crimes committed
from one place to another, repeatedly, or in a gang‖,
the time allowed for submitting a request for approval
of arrest may reportedly be extended to 30 days. The
People‘s Procuratorate then has seven days from the
time of receiving the written request for approval of
arrest to decide on the request. It is alleged that after
arrest, criminal suspects may be held for up to two
months for investigation, and in ―complex cases‖ this
may be extended for an additional month, with the
approval of the People‘s Procuratorate at the next
higher level. In ―particularly grave and complex
cases‖ the Supreme People‘s Procuratorate must
submit a report to the standing committee of the
National People‘s Congress for approval of
postponing the hearing of the case. Other types of
―grave‖ cases may also be extended for two months.
Others factors, including if the criminal suspect did
not provide his or her real identity, and if the police
discover an additional crime which the suspect is
believed to have committed, allow the authorities to
extend the period of detention.
- It is reported that this situation creates a conflict of
interest as the same authorities are responsible for
interrogating suspects and gathering evidence in
support of prosecutions and also for monitoring
places of detention and the conduct of police and
public officials.
- Reportedly, regulations recently issued by the
Supreme People‘s Procuratorate and Ministry of
Public Security may enhance the utility of the
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