Follow-up to the recommendations made by the Special Rapporteur (Manfred Nowak) in the report of his visit to China in November 2005 (E/CN.4/2006/6/Add.6, para. 82) 6. On 22 November 2011, the Special Rapporteur sent the table below to the Government of China requesting information and comments on the follow-up measures taken with regard to implementation of the recommendations. The Special Rapporteur regrets that the Government has not responded to his request. He looks forward to receiving information on China‘s efforts to follow-up to the recommendations and affirms that he stands ready to assist in efforts to prevent and combat torture and ill-treatment. 7. The Special Rapporteur remains concerned about the reports of excessive use and length of pre-trial detention, the lack of guarantees to challenge the lawfulness of detention and the continuing allegations about the use of forced labour as a corrective measures, ill-treatment of suspects in police custody, and harassment of lawyers and human rights defenders. He reiterates that the period of holding detainees in police custody should not exceed 48 hours, and that no detainee should be subjected to unsupervised contact with investigators. He regrets not having received information on the application of non-custodial measures and looks forward to receiving information on the use of alternative measures for non-violent or minor offences. 8. The Special Rapporteur expresses serious concern about the proposed amendments to China‘s Criminal Law Procedure, which is currently being considered by the National People‘s Congress, as it would permit the legalization of secret detention. He urges the Government to refrain from introducing the proposed amendment to China‘s Criminal Law Procedure as it will represent a major obstacle to its efforts to preventing torture and ill-treatment. The Special Rapporteur reminds the Government that detention in secret places facilitates the perpetration of torture and other cruel, inhuman or degrading treatment or punishment and can in itself constitute a form of such treatment. 9. The Special Rapporteur calls upon the Government to ensure that torture is defined as a serious crime as a matter of priority in accordance with Article 1 of the Convention against Torture, sanctioned with penalties commensurate with the gravity of torture and ensure that any statement which is established to have been made as a result of torture is explicitly excluded and is not invoked as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made.1 This exclusionary rule is fundamental for upholding the absolute and non-derogable nature of the prohibition of torture by providing a disincentive to use torture.2 It is imperative to ensure the inadmissibility of any extrajudicial statement that is not freely and promptly ratified before a court of law, and a specific prohibition of the use of extrajudicial statements even as ―inferences‖ or ―presumptions‖. 10. The Special Rapporteur calls upon the Government to consider ratifying the Optional Protocol to the CAT (OPCAT), establish an independent and effective complaints procedure for victims of torture, and make a declaration under article 22 of the CAT providing the Committee against Torture with the competence to receive and consider individual complaints. 1 2 See the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, art. 15. A/HRC/16/52, para. 52 A/HRC/19/61/Add.3 4 China