c) Any public official indicted for abuse of torture, including prosecutors and judges implicated in colluding in torture or ignoring evidence, should be immediately suspended from duty pending trial, and prosecuted. d) The declaration should be made with respect to art. 22 CAT recognizing the competence of the Committee against Torture to receive and consider communications from individuals who claim to be victims of a violation of the provisions of the CAT. e)Those legally arrested should not be held in Steps taken in previous years Situation in during visit in 2005 (See A/HRC/4/33/Add.2, A/HRC/7/3/Add.2, Information received in the (See E/CN.4/2006/6/Add.6) A/HRC/10/44/Add.5 and A/HRC/16/52/Add.2) reporting period requirements of promptness, effectiveness and convicting suspects as charged. impartiality. The police, SPP and courts are reportedly not independent and remain under the supervision of the Chinese Communist Party, including through ―Politics and Law Commissions‖. Non-governmental sources: Perpetrators of torture The Public Security Organs' are reportedly rarely suspended, indicted or held Regulations on Pursuing Responsibility for Policemen‘s legally accountable. Errors in Implementing the Law and other regulations stipulated While there are reports of some public officials being that ―responsibility for ‗errors‘, prosecuted as a result of allegations of torture, such cases tend to be in high profile cases that have including forcing confessions received considerable media attention. Reportedly, or testimony will not be allegations of torture arising in politically sensitive pursued where the law is cases seldom result in adequate investigation or unclear or judicial prosecution. It is reported that individuals from interpretations inconsistent‖ politically targeted groups, including Uighurs, and allowed for a number of Tibetans, Falun Gong, democracy activists and exceptions. human rights defenders, who allege torture or other ill-treatment in police custody or detention, are rarely able to pursue their case, and the authorities rarely open investigations into the allegations or bring the accused to justice. No declaration has yet been Non-governmental sources: Reportedly, Chinese made to recognize individual authorities have provided no public indication that complaint procedure. they are engaged in serious discussion concerning making a declaration with respect to article 22 of the Convention against Torture, or that they have a plan for moving in this direction. The ability of the Committee against Torture to receive and consider communications regarding the cases of individuals who have suffered torture or other ill-treatment is critical given the weak mechanisms within China for individuals to pursue allegations of such violations. Non-governmental sources: Reportedly, China‘s The CPL gave public security Criminal Procedure Law continues to allow the police organs broad discretion to A/HRC/19/61/Add.3 8 Recommendation (E/CN.4/2006/6/Add.6)