Recommendation
(E/CN.4/2006/6/Add.6)
the basis of vaguely defined
political crimes, both before
and after the 1997 reform of
the CL, should be released.
u) ―Re-education through
Labour‖ and similar forms
of forced re-education in
prisons, pre-trial detention
centres and psychiatric
hospitals should be
abolished.
Steps taken in previous years
(See A/HRC/4/33/Add.2, A/HRC/7/3/Add.2,
A/HRC/10/44/Add.5 and A/HRC/16/52/Add.2)
Information received in the
reporting period
Non-governmental sources: The discussions on RTL
in the National People‘s Congress have not yielded
official results. However, the available statistical data
suggest that the use of RTL is declining, partly due to
the sending of drug-related offenders to ―coercive
quarantine for drug rehabilitation (CQDR)‖, a new
form of administrative detention for drug addicts
initiated under the new Drug Prohibition Law
(effective 1 June 08). Concerns over the treatment of
drug users and persons with HIV/AIDS in
administrative detention have been raised.
Non-governmental sources: It is reported that
punitive administrative detention and RTL continue
to be used to supplement formal criminal sanctions,
without judicial oversight or access to a judge. In
addition, the increasing use of house arrests and
alleged black detention sites places detainees outside
23
A/HRC/19/61/Add.3
v) Any decision regarding
deprivation of liberty must
be made by a judicial and
not administrative organ.
Situation in during visit in 2005
(See E/CN.4/2006/6/Add.6)
and other non-violent offences
After the 1997 changes,
political dissidents, journalists,
writers, lawyers, human rights
defenders, Falun gong
practitioners and members of
the Tibetan and Uighur ethnic,
linguistic and religious
minorities continued to be
prosecuted for peacefully
exercising their human rights
on the basis of vaguely defined
crimes and sentenced to long
prison terms.
RTL and other forms of
administrative detention had
been used for many years
against political groups, Falun
Gong practitioners and human
rights defenders, accused of
politically deviant and dissident
behaviour, disturbance of the
social order or similar petty
offences. Some of these
measures of re-education
through coercion, humiliation
and punishment were aimed at
altering the personality of
detainees up to the point of
breaking their will.
RTL and other forms of forced
re-education in administrative
detention were solely based on
administrative regulations and
decisions without judicial
control over the deprivation of
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